Digests

Private respondent Josefina D. Lagar initiated a complaint for reconveyance of a parcel of land and damages against the petitioners, alleging that the property was originally conjugal but was fraudulently titled to her father as a widower following her mother’s death and subsequently sold to the petitioners’ predecessor-in-interest. The petitioners filed an answer interposing defenses of lack of legal personality, prescription, and status as buyers in good faith. When the petitioners failed to appear at the scheduled pre-trial, the trial court declared them in default. The private respondent presented her evidence ex parte, but the trial court dismissed the complaint on January 8, 1980, for…

The Court held that notice to a party’s counsel of record constitutes notice to the party for purposes of computing the 60-day period to file a petition for relief from judgment under Section 3, Rule 38, and that the remedies of a motion for new trial and a petition for relief are mutually exclusive. Because the private respondent previously filed and exhausted a motion for new trial, she could no longer resort to a petition for relief after its denial, and the filing period commenced upon service of the decision to her counsel, rendering her petition untimely.

On April 1, 1954, Grace Park Engineering Co., Inc. and Mohamad Ali Dimaporo executed a Contract for the Sale of Cassava Flour and Starch Processing Machinery and Equipment for P52,000.00. The agreement required Grace Park to deliver and install the machinery at Dimaporo’s site in Karomatan, Lanao Mill Site within 70 working days, guaranteeing a processing capacity of at least 6 tons per 24-hour operation. Dimaporo assumed the obligation to supply, at his own expense, the building, laborers, food, foundation materials, and an effective water system. Dimaporo paid P15,750.00 in advance, leaving a balance of P36,750.00. During installation, Dimaporo failed to provide the stipulated prerequisit…

The governing principle is that when both contracting parties commit a breach of obligation and it cannot be determined which party first violated the contract, the obligation is deemed extinguished and each party shall bear its own damages, precluding the award of interest on restitutionary amounts. Furthermore, a decree of rescission necessarily carries the obligation of mutual restitution under Article 1385 of the New Civil Code; a party who seeks rescission must return whatever it received under the contract, including the subject matter and its fruits, regardless of claims regarding incomplete delivery or performance.

The respondent Roman Catholic Bishop of Bangued, Inc. filed a petition for declaratory relief in the Court of First Instance of Abra, seeking exemption from real estate taxation levied by the Province of Abra on its properties. The respondent alleged that the parcels of land were used actually, directly, and exclusively to support the parish priest, his helpers, and the Bishop. The Provincial Assessor, representing the Province of Abra, moved to dismiss the petition, contending that declaratory relief was improper absent a prior breach or violation of a taxing statute, that the respondent failed to pay the tax under protest and exhaust administrative remedies under Presidential Decree No. 4…

The Court held that tax exemption claims under the 1973 Constitution require strict proof that the lands, buildings, and improvements are actually, directly, and exclusively used for religious or charitable purposes. Because such factual determinations cannot be resolved on mere allegations, a trial court violates procedural due process when it grants exemption without affording the taxing authority an opportunity to present evidence and cross-examine. Consequently, summary disposition of a declaratory relief action seeking tax exemption, without a hearing and prior exhaustion of administrative remedies, constitutes grave abuse of discretion.

Petitioners Amado Izon and Jimmy Milla, together with a co-accused, were charged in the Circuit Criminal Court of Olongapo City with Robbery with Violence Against Person. The information detailed that on September 8, 1977, the accused conspired to apply violence and intimidation against Reynaldo Togorio, stabbing and mauling him, and subsequently stole his motorized tricycle valued at P11,000.00. The vehicle was later recovered. Upon arraignment, petitioners entered a plea of guilty. The trial court convicted them and imposed the penalty prescribed under Republic Act No. 6539, the Anti-Carnapping Act of 1972, rather than the penalty for simple robbery under the Revised Penal Code.

The Court held that a motorized tricycle qualifies as a “motor vehicle” under Section 2 of the Anti-Carnapping Act of 1972, and the offense is established by the factual recitation in the information regardless of the technical nomenclature used in its caption. The statutory phrase “using the public highways” encompasses streets open to general public use, and the penal sanction attaches to the motorized nature of the vehicle and its public deployment, not to its registration status or the specific classification of the thoroughfare traversed.

Complainant Magdalena Arciga and respondent Segundino Maniwang commenced a romantic relationship in October 1970 while both were students in Cebu City. Their relationship evolved into repeated sexual intercourse and cohabitation, culminating in the birth of a child in September 1973. Respondent repeatedly assured complainant that he would marry her upon passing the bar examinations. After passing the bar and taking his oath in April 1975, respondent ceased all correspondence, subsequently married another woman in November 1975, and later inflicted physical injuries upon complainant following a confrontation with his new wife.

The Court held that a lawyer’s cohabitation with an unmarried partner and subsequent breach of a promise of marriage do not, standing alone, constitute "grossly immoral conduct" warranting disbarment. Disciplinary action requires conduct that is willful, flagrant, or shameless, demonstrating a clear moral indifference to community standards, and the Court found the respondent’s actions fell short of this depravity threshold.

Ceferino de la Cruz died in 1960, leaving a 131,705-square-meter homestead parcel to his widow and three children. The heirs sold the property to spouses Jose and Vicenta Tolentino in 1962, who subsequently mortgaged the homestead and two additional titled parcels to the Bank of the Philippine Islands and Philippine Banking Corporation. BPI foreclosed the mortgage, purchased the properties at a public auction in 1967, and registered the sheriff's certificate of sale in 1969. The De la Cruz heirs initiated a separate action to repurchase the homestead lot under Section 119 of the Public Land Act, while the Tolentinos later initiated a judicial action to redeem all three foreclosed properties…

The Court held that a statutory right of redemption is a privilege, not a debt obligation, and therefore Article 1249 of the Civil Code on payment in legal tender does not strictly govern the exercise of that right. A judicial action for redemption filed within the statutory period, accompanied by consignation of the redemption price with the sheriff, satisfies the requirement of a valid offer to redeem, and a subsequent stop-payment order on the consigned check does not forfeit the right absent proof of bad faith. Furthermore, the Supreme Court will not disturb the factual findings of the lower courts regarding the service of a default judgment, as such determinations are conclusive and th…

Petitioner Aboitiz & Company, Inc. filed a complaint for collection of P155,739.41 against Cotabato Bus Company, Inc. in the Court of First Instance of Davao. The complaint alleged that the respondent bus company had removed or was about to dispose of its properties and assets with intent to defraud its creditors. Based on an affidavit of merit executed by petitioner's Assistant Manager, the trial court issued an ex parte writ of preliminary attachment. The provincial sheriff subsequently attached the respondent's personal properties, including buses, machinery, and equipment. Respondent filed an urgent motion to dissolve the writ, supported by an affidavit from its own Assistant Manager as…

The governing principle is that insolvency or financial distress, standing alone, is not a valid ground for the issuance of a writ of preliminary attachment under Section 1(e), Rule 57 of the Rules of Court. The writ requires a specific showing that the defendant has removed, disposed of, or is about to remove or dispose of property with the actual intent to defraud creditors. Because the petitioner failed to adduce evidence demonstrating fraudulent intent or actual asset concealment, the Court upheld the appellate court's nullification of the writ.

In 1976, the Barangay Council of Valencia, Ormoc City, initiated preparations for the annual fiesta honoring its patron saint, San Vicente Ferrer. The council passed resolutions to acquire a wooden image of the saint and construct a waiting shed, funding both projects through private solicitations and cash donations. The council designated Councilman Tomas Cabatingan as the hermano mayor and custodian of the image for one year, with the stipulation that the image would be made available to the parish church during the feast day mass. After the fiesta, the parish priest, Father Sergio Marilao Osmeña, refused to return the image to the barangay, claiming it belonged to the church because pa…

The Court held that a barangay council's acquisition and custodial designation of a religious image, funded entirely by private solicitations and donations, does not contravene the constitutional mandates on the separation of church and state or the prohibition against appropriating public funds for religious use. Because the barangay council is the lawful owner of the image, it possesses the exclusive right to determine its custody and to enact resolutions for its recovery.

On December 13, 1965, petitioners Antonio Marinas, Antonio Montano, and Gregorio Rupisan enforced a writ of execution for an ejectment case by levying upon the personal properties of respondents Victoria Lasin Vda. de Atienza and Rosario L. Atienza at their residence in Pasig, Rizal, and subsequently ejecting them. Respondents reported missing jewelry and personal items to the police on multiple occasions between December 1965 and February 1966, executing sworn statements before a special counsel and the respondent municipal judge. On February 7, 1966, complaints for two counts of theft and one count of grave coercion were filed before the Municipal Court of Pasig. The following day, respon…

The Court held that an accused has no constitutional or statutory right to a preliminary investigation in cases triable by inferior courts, whether under their exclusive or concurrent jurisdiction, because the subsequent trial on the merits serves as a substitute for the preliminary investigation. Furthermore, the preliminary examination required before the issuance of a warrant of arrest is an ex parte proceeding; the Constitution and the Rules of Court do not mandate notice to or the presence of the accused during this stage, and the judge may validly adopt questions from prior investigations as his own searching questions and answers, provided he personally satisfies himself of the exist…

In early 1981, the Interim Batasang Pambansa convened as a constituent assembly and approved three resolutions proposing significant modifications to the 1973 Constitution. Resolution No. 1 permitted natural-born Filipinos naturalized abroad to own limited residential land. Resolution No. 2 restructured the executive and legislative branches, addressing the Presidency, Prime Ministership, Cabinet, and National Assembly. Resolution No. 3 amended provisions governing the Commission on Elections. Petitioners, both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention, filed suits for prohibition to enjoin the Commission on Elections and other government agenc…

The governing principle is that the 1973 Constitution constitutes the operative fundamental law, and the Interim Batasang Pambansa possesses the constitutional authority to propose amendments or comprehensive revisions by a simple majority vote when convened as a constituent assembly. The Court ruled that the distinction between amendment and revision is immaterial prior to ratification, as a constituent body may propose any constitutional change but cannot conclude it without the sovereign people's approval, and that the constitutional requirement for fair submission is met when the electorate is adequately informed within the prescribed period.

Salud P. Beradio served as the COMELEC Election Registrar in Rosales, Pangasinan, with her office located two meters from the local Court of First Instance. In 1973, she obtained COMELEC authorization to appear as counsel for relatives and subsequently acted as counsel de oficio in various civil and agrarian cases before nearby tribunals. Her court appearances lasted between five and forty-five minutes. Despite these brief absences, her daily time records indicated continuous office attendance during standard working hours. An administrative complaint for unauthorized practice of law prompted her resignation, after which she received full clearance and retirement benefits. Criminal charge…

The Court held that entries in a daily time record do not constitute the crime of falsification of public documents under Article 171(4) of the Revised Penal Code when they bear a "color of truth," are made without criminal intent, and cause no actual damage to the government or prejudice to public faith. Because the petitioner's brief, authorized court appearances were conducted in furtherance of public policy and her office was situated merely meters from the courthouse, the alleged discrepancies in her time records amounted to mere administrative inexactitude rather than deliberate criminal falsification.

Yabut Freight Express, Inc. engaged RCPI to transmit a telegram directing that no truck was available. RCPI personnel erroneously transmitted the message as “Truck available” instead of the intended instruction. The freight company alleged that this transmission error, stemming from RCPI’s utter carelessness and gross negligence, caused it to incur financial losses, suffer damage to its business reputation, lose goodwill, and divert customers to competing freight companies. Yabut filed a civil action for damages against RCPI, seeking actual, moral, exemplary, and compensatory damages alongside attorney’s fees.

The Court held that actual and compensatory damages are not mutually exclusive but constitute the two statutory components of indemnification under Article 2200 of the Civil Code, encompassing both the value of the loss suffered (damnum emergens) and the profits foregone (lucrum cessans). Furthermore, gross negligence by a telecommunications carrier in transmitting a message constitutes wanton misconduct that justifies the award of exemplary damages, though the trial court’s quantification of damages and attorney’s fees was excessive and subject to judicial reduction.

Insular Sawmill, Inc., a corporation organized in 1945 with a fifty-year corporate life, leased property belonging to petitioner Guillermina Gelano. During the lease, petitioner Carlos Gelano obtained cash advances totaling P25,950.00 from the corporation, agreeing that the amount would be deducted from the monthly rentals until fully paid. Carlos paid only P5,950.00, leaving a P20,000.00 balance. The spouses also purchased lumber materials on credit for P1,120.46 for their residence, leaving an unpaid balance of P946.46 after partial payment and discount. Additionally, the corporation executed a joint promissory note with Carlos for P8,000.00 to renew a loan with China Banking Corporation;…

The Court held that a corporation whose existence has terminated by expiration of its term may continue prosecuting a pending suit beyond the three-year period prescribed for winding up its affairs, provided that counsel actively representing the corporation in the litigation is deemed a trustee for the limited purpose of continuing the action. Furthermore, obligations contracted by a husband that benefit the family render the conjugal partnership liable, not the spouses jointly and severally.

Private respondents were hired in May 1975 as seamen for a ten-month term aboard the M/V Woermann Sanaga. While the vessel was docked in Rotterdam, ITF representatives and the company’s administrative manager executed a Special Agreement granting new salary rates and differentials, which were subsequently paid to the crew. Upon arrival in Dubai, the company’s operations manager repudiated the agreement, insisting on the lower Far East Rate and threatening termination if the crew refused to accept it. The seamen signed a document accepting the Far East Rate under duress, yet the company proceeded to terminate their contracts and repatriate them to the Philippines in late October and early No…

The Court held that an employer’s unilateral refusal to honor a Special Agreement negotiated with a labor union does not justify the dismissal of seamen who merely demand its implementation. The governing principle is that workers' pursuit of higher wages or improved working conditions constitutes a legitimate exercise of the constitutional right to collective bargaining and social justice, not serious misconduct warranting termination. Consequently, premature dismissal without just cause renders the employer liable for compensation covering the unexpired portion of the fixed-term employment contracts.

Petitioner Bernabe Buscayno, identified as a ranking leader of the Communist Party of the Philippines and the New People's Army, was arrested in Pampanga and charged with violations of the Anti-Subversion Act (R.A. No. 1700) and murder before Military Commission No. 2, alongside rebellion charges before Military Commission No. 1. His trial commenced prior to his arrest and proceeded after formal arraignment. Following the imposition of a death sentence, petitioner invoked habeas corpus and prohibition, contending that the October 17, 1976 constitutional plebiscite terminated the martial law regime and stripped the military commission of jurisdiction over civilians.

The governing principle established is that military commissions lawfully constituted under martial law retain jurisdiction to try civilian offenders for crimes against public order, and such tribunals satisfy constitutional due process guarantees. The Court held that the 1976 constitutional amendments did not extinguish this jurisdiction, as the underlying state of rebellion persisted and Article XVII, Section 3(2) of the 1973 Constitution expressly preserved the validity of all presidential acts and decrees issued during martial law.

Atty. Marcial A. Edillon persistently refused to pay his mandatory IBP membership dues from the organization’s inception, challenging the constitutional validity of compulsory integration and dues collection as an infringement on his liberty and property rights. The IBP Board of Governors recommended his removal from the Roll of Attorneys pursuant to the IBP By-Laws and Rule 139-A of the Rules of Court. The Supreme Court, in a prior resolution, unanimously upheld the constitutionality of bar integration and ordered Edillon’s disbarment for his adamant refusal to comply. Following disbarment, Edillon repeatedly sought reinstatement, initially maintaining his defiance before shifting to a com…

The Court held that it possesses full and plenary discretion to reinstate a disbarred attorney to the Roll of Attorneys, provided that the petitioner has purged his guilt, demonstrated contrition, satisfied all conditions for reinstatement, and expressly acknowledged the Court’s inherent authority to regulate the legal profession and enforce compulsory bar integration. Reinstatement is governed by the preservative, not vindictive, principle of disciplinary power.

Ayala Securities Corporation, operating as a holding company controlled by the Ayala and Zobel families through Ayala and Company, retained substantial earnings for its fiscal year ending September 30, 1955, rather than distributing them as dividends. The Commissioner of Internal Revenue issued an assessment on February 21, 1961, imposing a 25% surtax totaling P758,687.04 on the corporation's unreasonably accumulated surplus of P2,758,442.37. The corporation received the assessment on March 22, 1961, approximately six years after filing its 1955 corporate income tax return. The timing of the assessment triggered a dispute over whether statutory prescription periods barred the Commissioner's…

The Court held that the right of the Commissioner of Internal Revenue to assess the 25% surtax on unreasonably accumulated corporate surplus under Section 25 of the Tax Code is imprescriptible. Because the law does not require taxpayers to file a return for such surplus, the statutory prescriptive periods predicated on the filing of a return do not commence. Limitations on the sovereign power to tax will not be presumed in the absence of clear legislative language, rendering the assessment valid despite being issued beyond the standard five-year period.

Regional Anti-Smuggling Action Center (RASAC) agents received an informant’s tip regarding a blue Dodge car transporting highly dutiable goods from Angeles City to Manila. Acting on the lead, agents intercepted the vehicle at the North Diversion Road toll gate. The driver, Sgt. Jessie Hope, and passenger, Monina Medina, were questioned and subsequently followed to Camp Aguinaldo. There, agents opened eleven sealed boxes recovered from the vehicle, revealing thousands of untaxed wristwatches and bracelets. The Bureau of Customs initiated parallel administrative forfeiture proceedings and criminal prosecution for violation of Section 3601 of the Tariff and Customs Code. While the customs proc…

The Court held that a warrantless search and seizure of a moving vehicle by authorized customs agents is constitutionally permissible when predicated on probable cause, thereby falling outside the prohibition against unreasonable searches and seizures. The governing principle is that customs enforcement statutes expressly authorize warrantless inspections and seizures of conveyances reasonably suspected of carrying contraband, and the finality of an administrative forfeiture decision does not extinguish the State’s independent authority to pursue criminal liability under the Tariff and Customs Code.

The Serrano spouses mortgaged a 2.8-hectare coconut lot covered by TCT No. T-1753 to Rural Bank of Oroquieta to secure a loan. The bank initiated judicial foreclosure proceedings in the Court of First Instance of Misamis Occidental. The trial court ordered the Serranos to pay the principal, interest, and attorney's fees within 90 to 100 days from receipt of the decision, failing which the sheriff would sell the property at public auction. The judgment became final and executory. The debt remained unpaid. The sheriff levied upon the property and conducted the auction on March 3, 1975. The bank emerged as the sole bidder. The sheriff issued a certificate of sale. No redemption was made within…

The governing principle is that a judicial foreclosure sale remains incomplete and confers no title upon the purchaser until formally confirmed by the court after notice and hearing. Because the trial court had not yet confirmed the auction sale, its order allowing redemption was interlocutory and not appealable. The Court further held that the expiration of the statutory one-year redemption period and the subsequent conveyance to a third party do not automatically extinguish the mortgagor's equitable right to redeem before confirmation, and the trial court must consolidate related cases and afford all interested parties a hearing to determine whether confirmation or redemption should be gr…

Honorato Ambal and Felicula Vicente-Ambal endured a fifteen-year marriage characterized by recurrent quarrels and the wife’s periodic absences from the conjugal home. On January 20, 1977, a domestic dispute erupted when Felicula refused to procure medicine for Ambal’s influenza and stated it would be preferable if he were dead. Enraged, Ambal attacked her with a long bolo, inflicting seven incised wounds. He subsequently entrusted his child to a neighbor, confessed the killing to local officials, and voluntarily surrendered to the police while covered in blood and exhibiting physical weakness.

The Court held that the defense of insanity requires proof of complete deprivation of intelligence, discernment, or freedom of will at the precise moment of the crime's commission. Because the accused voluntarily surrendered immediately after the killing and exhibited normal cognitive functions before and after the incident, the presumption of sanity remained unrebutted. Temporary emotional frenzy or an explosive temper does not exempt an accused from criminal liability.

On October 22, 1973, Jungie Zaragoza requested that Diosdado Comendador, a farm laborer employed by his father, accompany him from Cadiz City to Cebu City en route to Cagayan de Oro. On October 25, 1973, Comendador and the victim were observed together in a forested area in Sitio Apid, Cantabaco, Toledo City. Hours later, the victim’s body was discovered bearing stab wounds. Comendador subsequently appeared at the residence of a neighbor with the victim’s wristwatch, travel bag, wet clothing, and cash. Police apprehended him, recovered the stolen items, and obtained an extrajudicial confession detailing the robbery and killing. The trial court accepted Comendador’s plea of guilty but requir…

The Court held that a voluntary and unconditional plea of guilty constitutes a judicial confession admitting all material facts in the information, but does not automatically sustain aggravating circumstances if the evidence disproves them. Extrajudicial confessions obtained after the effectivity of the 1973 Constitution are admissible only if the accused was informed of the rights to remain silent and to counsel, and validly waived them. Where circumstantial evidence forms an unbroken chain pointing exclusively to the accused and is corroborated by independent proof of corpus delicti, conviction beyond reasonable doubt is sustained even without eyewitness testimony.

Respondent Elizabeth Mejias, a married woman to Crispin Anahaw, alleged an illicit sexual encounter with petitioner Antonio Macadangdang in March 1967, which she claimed precipitated her separation from her legal husband. Mejias gave birth to a son, Rolando, on October 30, 1967, approximately seven months after the alleged encounter. The child was baptized under the surname Macadangdang. Mejias subsequently filed a civil action seeking judicial recognition of Rolando as the petitioner’s illegitimate child and demanding monthly support. The petitioner denied paternity and contested the action, asserting the statutory presumption of legitimacy.

The governing principle is that a child born to a married woman within 300 days of cohabitation or alleged separation is conclusively presumed legitimate, and this presumption may only be rebutted by clear proof of the husband's physical impossibility of access during the first 120 days of the 300-day period preceding birth. The Court held that a wife lacks the legal standing to institute an action to impugn the legitimacy of her child without impleading her husband, and a baptismal certificate naming a paramour as father does not constitute substantial evidence to overthrow the statutory presumption of legitimacy.

Jose Sison filed a complaint for a sum of money against the Rice and Corn Administration (RCA) to recover the purchase price of unpaid corn grain deliveries. The RCA moved to dismiss the complaint, invoking the doctrine of state immunity from suit as a mere governmental agency. After the trial court denied the motion and the RCA filed its answer, the court rendered a decision ordering the RCA to pay Sison P1,628,451.54, plus legal interest and attorney’s fees. Upon the RCA’s appeal, the trial court required the agency to pay legal fees and post an appeal bond, and subsequently dismissed the appeal for failure to comply. The Republic, through the Solicitor General, sought certiorari and mand…

The Court held that a government agency created by statute to perform primarily governmental functions, and which lacks a separate and distinct corporate existence, is exempt from the requirement of posting an appeal bond and paying legal fees. Because the RCA operates as a mere instrumentality under the Office of the President and depends on annual national appropriations, it partakes of the Republic’s established exemption from appeal bond requirements, grounded on the presumption of governmental solvency.

On the evening of November 7, 1973, five armed men arrived at the residence of spouses Bartolome and Engracia Baclas in Sitio Biga, Basey, Samar. The victims recognized the group's spokesperson as their neighbor, Paulino Mabag. The intruders hogtied Bartolome and his stepson Romulo, ransacked the dwelling, and demanded money. After seizing P2.50 from a trunk, three of the men, including Mabag, dragged Engracia into a bedroom and successively raped her. The perpetrators then threatened the victims' lives, compelling Engracia to surrender P789.00 and personal property valued at P439.00. The victims reported the incident to the police the following morning, and a medical examination confirmed …

The Court held that the nature of the offense and the applicable penalty are determined by the facts alleged in the information and proven at trial, not by the technical designation or specific penal provision cited by the prosecutor. Because the proven facts established that the rape was committed by two or more persons on the occasion of the robbery, Article 335 of the Revised Penal Code, prescribing reclusion perpetua to death, controls the penalty phase. However, when the Court fails to muster the constitutionally required majority for the death penalty, the penalty defaults to reclusion perpetua.

Between November 12 and 18, 1971, major oil companies filed applications with the Oil Industry Commission seeking the establishment of maximum selling prices for gasoline and other petroleum products. The companies concurrently filed motions for provisional relief requesting temporary price increases pending final determination of the main applications. The Commission issued a "Notice of Public Hearing" outlining proposed wholesale price adjustments and scheduling a preliminary hearing. Petitioners filed oppositions contesting the Commission's jurisdiction over the provisional motions, arguing that the Oil Industry Commission Act withheld such authority and that the Commission's procedural …

The Court held that a petition for prohibition becomes moot and academic when supervening events eliminate the actual controversy between the parties. Because the Oil Industry Commission had already decided the main applications on the merits and expressly opted not to act on the provisional relief motions, the Court dismissed the petition without ruling on the Commission's statutory authority, emphasizing that judicial power extends only to actual cases and not to abstract or hypothetical disputes.

Petitioner R. Marino Corpus, then Director of the Central Bank Export Department, faced administrative charges in 1958 and was subsequently suspended and declared resigned by the Monetary Board despite exoneration by an investigating committee. Initially represented by Atty. Rosauro Alvarez, petitioner filed a civil action for certiorari, mandamus, and quo warranto, which the trial court dismissed in 1960 for failure to exhaust administrative remedies. Atty. Juan T. David, a close friend of petitioner’s father and a co-member of the Civil Liberties Union, intervened after the dismissal. The parties dispute whether David solicited the engagement or was requested to assist by petitioner’s fat…

The Court held that the absence of an express fee contract does not bar recovery of attorney’s compensation when legal services are rendered, accepted, and beneficial to the client, thereby creating an implied obligation to pay reasonable fees under the innominate contract of facio ut des and quantum meruit. Furthermore, the Court ruled that a lawyer and a trial judge commit contempt when they file and issue a writ of execution while a case remains pending review before the Supreme Court, because such acts usurp the appellate tribunal’s jurisdiction and demonstrate disrespect for judicial authority.

Provincial Guard Eligio Orbita stood trial for Infidelity in the Custody of Prisoner under Article 224 of the Revised Penal Code for allegedly allowing detention prisoner Pablo Denaque to escape on September 12, 1968, while Denaque was assigned to work at a provincial guest house leased and maintained by the Province of Camarines Sur. During trial, defense counsel confronted prosecution witness Jose Esmeralda, assistant provincial warden, with a note allegedly authored by Governor Armando Cledera directing Esmeralda to detail five men to construct a fence at the Governor’s residence. Defense counsel moved to amend the information to implead Governor Cledera and Esmeralda as co-accused, alle…

The Court held that a trial court cannot compel a fiscal to amend a criminal information to include additional accused when the fiscal, after reinvestigation, finds insufficient evidence to establish a prima facie case. Prosecutorial discretion in determining the adequacy of evidence to support an information is insulated from judicial compulsion in the absence of grave abuse, and the proper remedy for a dissatisfied party is an appeal to the Ministry of Justice or the appointment of a special prosecutor. Furthermore, public officers vested with custodial authority over prisoners cannot be prosecuted under Article 156 of the Revised Penal Code, and liability under Article 223 requires proof…

Spouses Florentino S. Tomas and Francisca Cariño acquired a parcel of land in Santiago, Isabela (now Saguday, Nueva Vizcaya) in 1929 through a homestead patent and secured Original Certificate of Title (OCT) No. I-4620. They continuously possessed the property and retained the owner’s duplicate certificate. In 1957, Eusebia Tomas, who possessed no legal or familial relation to Florentino Tomas, falsely represented herself as his sole heir and executed a deed of extra-judicial settlement. She petitioned the Court of First Instance of Isabela for a new owner’s duplicate of OCT No. I-4620, alleging that the original was lost. The trial court granted the petition, the original OCT was cancelled…

The governing principle is that a bank cannot invoke the statutory protection afforded to mortgagees in good faith and for value when it fails to exercise the heightened diligence required of financial institutions, particularly where the face of the certificate of title or the nature of the transaction reveals circumstances that should prompt further inquiry. The Court ruled that between two innocent parties, the one whose act of confidence or negligence made the fraud possible must bear the loss, thereby rendering the mortgage void against the true owner.

Petitioner Enrique B. Inting filed complaints for perjury against Angelina S. Salcedo with the City Fiscal of Davao, alleging that Salcedo, an Assistant Docket Clerk, falsely represented in her Civil Service Personal Data Sheets that she completed a Secretarial Science course at the University of San Carlos. The City Fiscal found probable cause and filed three separate informations for perjury in the City Court of Davao. Salcedo appealed the resolution to the Ministry of Justice, which referred the matter to the Tanodbayan pursuant to Presidential Decree No. 1630. The Tanodbayan subsequently reversed the fiscal’s finding of probable cause, dismissed the perjury complaints, and directed the …

The Court held that the Tanodbayan’s authority under Presidential Decree No. 1630 and the 1973 Constitution extends to the investigation and prosecution of criminal offenses committed by public officers and employees, regardless of whether the acts are strictly civil or administrative in nature, provided they are intimately connected with government service. The execution of an untruthful Personal Data Sheet constitutes an offense in relation to office because it violates Civil Service requirements integral to public employment.

Shell Company of the Philippines leased a parcel of land in Quezon City and subleased it, together with a gasoline service station, to petitioner Jesus Dayao for an indefinite period, terminable upon ninety days’ written notice or earlier for contractual violations. After issuing a termination notice in June 1966, Shell filed an ejectment complaint alleging Dayao’s failure to vacate. Dayao answered that termination required cause, that he remained current on obligations, and that the suit was actually motivated by his failure to meet gasoline purchase quotas. During the City Court trial, Shell introduced evidence of Dayao’s alleged contractual violations, including unauthorized gasoline pur…

The Court held that an appellate court may admit amendments to a complaint to conform to evidence presented at trial, and may grant a writ of preliminary mandatory injunction to restore a lessor to possession during an ejectment appeal when the lessor’s appeal is prima facie meritorious, pursuant to Article 1674 of the Civil Code and Section 9, Rule 70 of the Rules of Court.

San Miguel Corporation amended its by-laws to disqualify any stockholder engaged in a business competitive or antagonistic to the corporation from election to its Board of Directors. Petitioner John Gokongwei, Jr., a substantial stockholder, sought election to the Board but was challenged under the amended provision. The SMC Board of Directors conducted a hearing and concluded that petitioner’s agricultural and poultry enterprises directly competed with SMC’s business lines. The Board consequently declared petitioner ineligible for directorship. The Securities and Exchange Commission reviewed the matter en banc and sustained the Board’s resolution, relying on sworn affidavits from corporate…

The Court held that a prior judicial disposition, even if decided by an inconclusive vote, binds the parties under the law of the case doctrine and forecloses collateral challenges to the enforcement of corporate by-laws pending final resolution of a motion for reconsideration. The Court further ruled that the Securities and Exchange Commission’s factual determination of a director-candidate’s competitive business engagement, grounded on affidavits and documentary proof, constitutes substantial evidence that courts will not disturb absent a showing of grave abuse of discretion or clear lack of evidentiary support.

Petitioner Felipe C. Roque, a subdivision owner, entered into an agreement with respondent Nicanor Lapuz covering three lots in the Rockville Subdivision. After the subdivision plan received governmental approval, the parties modified the arrangement, substituting the original lots with two corner lots of a smaller area at a higher per-square-meter rate. Lapuz took possession, constructed a residential house, and enclosed the property with walls and barbed wire. He ceased making monthly installment payments after October 1954, despite repeated demands from Roque. The parties subsequently disputed whether the agreement constituted an absolute sale allowing flexible payment within ten years o…

The governing principle is that Article 1191, paragraph 3, of the New Civil Code does not authorize a court to grant a defaulting vendee in a contract to sell an extension of time to pay the purchase price when the breach is substantial, deliberate, and attended by bad faith. The Court held that the retention of title by the vendor until full payment renders the transaction a contract to sell, thereby excluding the application of Article 1592; consequently, the vendor’s right to rescind under Article 1191 prevails, and equity cannot be invoked to excuse a party with unclean hands from the consequences of a material breach.

Municipal Mayor Braulio Sto. Domingo authorized Police Chief Eduardo San Pascual to reassign Police Captain Simeon B. Reyes, Jr. to the administrative division. After Reyes allegedly refused to surrender an office key and failed to acknowledge a memorandum order, San Pascual suspended him for twenty days under his disciplinary authority pursuant to Section 15 of Republic Act No. 4864. Reyes subsequently filed a sworn complaint with the Police Commission (POLCOM) charging San Pascual with oppression and grave misconduct. POLCOM referred the complaint to the San Juan Local Board of Investigators, which recommended San Pascual’s preventive suspension. Mayor Sto. Domingo issued the suspension o…

The Court held that preventive suspension under Republic Act No. 4864 is a preliminary administrative measure that does not require prior notice and hearing, as a public office constitutes a public trust rather than a property right protected by the due process clause. Furthermore, the Court ruled that the specific disciplinary procedures for local police officers established under the Police Act of 1966 were not impliedly repealed by the Decentralization Act of 1967 or the Civil Service Act, applying the settled principle that a special statute is not superseded by a subsequent general statute absent manifest legislative intent.

Alta Farms mortgaged a thirty-hectare piggery project to the GSIS to secure loans totaling over P8 million. Upon Alta Farms' default, it executed a Deed of Sale with Assumption of Mortgage to Asian Engineering Corporation without GSIS consent, violating the mortgage terms. Asian Engineering contracted Laigo Realty Corporation to convert the property into a subdivision. Laigo entered into separate construction contracts with petitioners to build houses for individual lot buyers on a turn-key basis. Petitioners completed sixty-three houses, but Laigo's payment checks were repeatedly dishonored. The GSIS foreclosed the mortgaged property in 1970, acquiring ownership of the land and all improve…

The governing principle is that Article 1729 of the Civil Code creates a statutory exception to the relativity of contracts by establishing a constructive privity between an immovable's owner and the laborers or materialmen who furnished labor and materials for its improvement, granting them a direct action against the owner up to the amount the owner owes the contractor. When the owner accepts the benefits of the construction through a deed of quitclaim assuming liability, equity and statutory mandate compel payment to the unpaid contractors, and the original developer constitutes a merely necessary, not indispensable, party.

On December 22, 1979, the Interim Batasang Pambansa enacted Batas Blg. 51 to govern local elections scheduled for January 30, 1980. The statute mandated the classification of cities into highly urbanized and component categories based on an annual regular income threshold of ₱40,000,000.00. Under Section 3 of the law, voters in highly urbanized cities were expressly barred from voting for provincial officials of the geographically encompassing province, while component city voters could participate only if their city charter explicitly permitted it. Pursuant to this statute, the Commission on Elections adopted Resolution No. 1421, enumerating twenty cities, including Cebu and Mandaue, as in…

The Court held that classifying cities as highly urbanized or component based on annual regular income constitutes a valid substantial distinction that bears a rational relation to the constitutional policy of promoting local government autonomy. Consequently, the prohibition on voters of highly urbanized cities from voting for provincial officials does not violate the equal protection clause, infringe upon the right of suffrage, or subvert republican principles, as provincial officials no longer exercise jurisdiction over independent cities.

The Interim Batasang Pambansa enacted Batas Pambansa Blg. 51, 52, 53, and 54 to restructure local government positions, schedule local elections for January 30, 1980, define the rights of accredited political parties, and conduct a plebiscite on the proposed amendment to Article X, Section 7 of the 1973 Constitution, which sought to extend the mandatory retirement age of Supreme Court justices and lower court judges from sixty-five to seventy years. Petitioner challenged the constitutionality of these statutes, contending that the transitional legislature lacked the authority to mandate local elections, that a local government code was a prerequisite, that the ninety-day constitutional peri…

The Court held that the Interim Batasang Pambansa possesses plenary legislative power under the amended 1973 Constitution to authorize local elections, and such authority is neither contingent upon the prior enactment of a local government code nor restricted by a rigid ninety-day campaign period requirement. Furthermore, the Constitution does not prohibit holding a plebiscite on a proposed constitutional amendment simultaneously with regular local elections, provided the electorate is sufficiently informed of the measure's implications.

On June 2, 1970, the body of Felimon Rivera was discovered between the barrios of Masaya and Paciano in Bay, Laguna. An autopsy established that Rivera died from profuse hemorrhage resulting from twenty-three lacerated and stab wounds, accompanied by multiple abrasions. Rivera, a passenger jeep driver for fruit vendor Pablito delos Reyes, disappeared alongside his vehicle on the same day. The investigation stalled until June 11, 1971, when authorities apprehended Rodrigo Esguerra, who executed a sworn confession identifying his accomplices. Subsequent police operations led to the arrest of the remaining suspects, including appellant Artemio Banasihan, in 1972.

The Court held that the aggravating circumstance of craft is not absorbed by treachery when the craft facilitates the taking of property in a robbery while treachery qualifies the killing of a person. Furthermore, the mitigating circumstance of lack of instruction demands direct proof of a deficiency in sufficient intelligence, not merely the inability to read or write, and must be explicitly invoked and established in the trial court to be considered on appeal.

The Interim Batasang Pambansa enacted Batas Pambansa Nos. 51, 52, and 53 to regulate the conduct of the January 30, 1980 local elections. Section 4 of B.P. Blg. 52 established special disqualifications, barring any retired provincial, city, or municipal official who had received statutory retirement benefits and would be 65 years of age at the commencement of the new term from running for the same elective local office. The same provision stipulated that any person committing acts of disloyalty to the State, including subversion or rebellion, would be disqualified from candidacy. It further provided that a conviction for such crimes would constitute conclusive evidence of disloyalty, while …

The Court held that a legislative classification disqualifying 65-year-old retired local officials from running for the same office from which they retired is constitutionally valid under the equal protection clause, as it rests on a rational basis to ensure political renewal in local government. Conversely, the Court ruled that a statutory provision treating the mere filing of charges for acts of disloyalty as prima facie evidence of such acts for the purpose of electoral disqualification is unconstitutional, as it violates the fundamental presumption of innocence and denies due process by effectively penalizing candidates on the basis of unadjudicated accusations.

Procter & Gamble Philippine Manufacturing Corporation maintained a warehouse in Jagna, Bohol, to store copra acquired locally for use in its soap and edible oil manufacturing operations. The Municipal Council of Jagna enacted Ordinance No. 4, Series of 1957, requiring payment of a storage fee of ten centavos for every one hundred kilos of exportable copra deposited in any bodega within the municipal jurisdiction. The ordinance placed stored copra under municipal surveillance and prescribed penal sanctions for non-compliance. The corporation paid the assessed fees from 1958 to 1963 under protest before initiating litigation to invalidate the ordinance and recover the amounts paid.

A municipal council is authorized to impose a license tax or fee for revenue purposes on the privilege of storing goods within its territorial jurisdiction, provided the exaction is not expressly prohibited by law. Where the municipality clearly intends to enact a revenue measure, the strict proportionality rule requiring regulatory fees to correspond to the cost of supervision does not apply, and the imposition does not constitute double taxation merely because the taxpayer pays other taxes on related business activities.

Philex Mining Corporation entered into two mining agreements dated May 22, 1970, and June 25, 1971, with Andres K. Espiritu, who purported to act as general manager of Twin Peaks Mining Association. Espiritu was neither a partner nor an authorized representative of the association. Following Espiritu’s death and Twin Peaks’ repudiation of the agreements, Philex sought to enforce its claimed rights over 290 lode mineral claims in Tuba, Benguet. The Bureau of Mines refused to act on Philex’s application for availment of rights under Presidential Decree No. 463 due to Espiritu’s lack of authority and the subsequent lapse of the claims.

The Court held that the Bureau of Mines possesses original and exclusive jurisdiction over cases involving the enforcement or cancellation of mining contracts pursuant to Section 7(c) of Presidential Decree No. 1281, thereby divesting regular courts of jurisdiction over disputes that are substantively directed at enforcing such agreements, regardless of the procedural form of the complaint.

Plaintiff-appellant, a real estate developer, sold two lots in the Highway Hills Subdivision subject to strict residential building restrictions, which were duly annotated on the titles. The lots were subsequently transferred through intermediate buyers to defendant-appellee, a banking corporation. In 1960, the Municipal Council of Mandaluyong declared the entire EDSA corridor encompassing the subject lots as a commercial and industrial zone. Defendant proceeded to construct a commercial bank building on the lots, prompting plaintiff to seek an injunction to enforce the original residential restrictions.

The governing principle is that a municipal zoning regulation, validly enacted under the police power, prevails over prior private restrictive covenants on land use, as the constitutional non-impairment clause of contracts is subordinate to the state's paramount authority to promote public health, safety, and general welfare. Because police power is elastic and must respond to evolving social and economic conditions, private agreements cannot permanently freeze land use classifications when the surrounding environment has fundamentally transformed.

Presiding Judge Remigio E. Zari of Branch VI, City Court of Quezon City, formally recommended the dismissal of Deputy Clerk of Court Diosdado S. Flores based on three administrative charges: a prior conviction for libel constituting moral turpitude, persistent attempts to unduly influence the disposition of cases pending before Branch VI, and gross discourtesy manifested through a letter containing contemptuous language addressed to city judges. The dispute arose following the respondent’s relief from his post and subsequent reassignment to the Appeal and Docket Division, which the respondent characterized as an illegal transfer engineered by the complainant.

The Court held that a prior conviction for libel, when considered alongside subsequent acts of undue interference in pending cases and the use of contemptuous language toward judicial officers, establishes a pattern of conduct inimical to public service that warrants dismissal. Furthermore, a false declaration of good moral character and absence of criminal record in a sworn civil service application constitutes prevarication that independently justifies severe disciplinary action.

The Municipality of Daet initiated condemnation proceedings in August 1962 to acquire a 2,717-square-meter commercial lot owned by Li Seng Giap & Co., Inc. for conversion into a public park. The trial court initially dismissed the action for lack of genuine necessity and insufficient municipal funds, but the Court of Appeals reversed the dismissal and recognized the municipality’s expropriation authority. Upon remand, the trial court appointed commissioners to appraise the property, who valued the land at P60.00 per square meter based on 1962 transactions. The trial court subsequently disregarded the commissioners’ findings and adopted a 1969 expert appraisal valuing the land at P117.00 per…

The governing principle is that just compensation in eminent domain proceedings must be determined as of the date of actual taking of the property by the condemnor, particularly when the condemnor delays possession and fails to deposit the court-fixed provisional value. The Court held that allowing a condemnor to benefit from prolonged delay by fixing compensation at the earlier filing date would unjustly penalize the property owner and contravene the constitutional guarantee of just compensation.

Remegio P. Yu was proclaimed Mayor of Rosales, Pangasinan following the 1971 local elections, securing a 501-vote plurality over Dante O. Casibang. Casibang initiated an election protest alleging electoral irregularities including terrorism, vote buying, open voting, and anomalies in the appreciation of ballots. The proceedings commenced before the Court of First Instance of Pangasinan, where Casibang completed the presentation of his evidence. During the pendency of the case, the 1973 Constitution was ratified and declared in force, introducing a parliamentary framework and transitory provisions that extended the tenure of incumbent government officials. Yu subsequently moved to dismiss th…

The governing principle is that the adoption of a new Constitution does not automatically render pending election protests moot nor divest trial courts of jurisdiction over such cases. The Court held that the constitutional extension of incumbents' terms under the 1973 transitory provisions alters only the "term" of office, not the "right" to hold it; consequently, the judiciary retains competence to determine whether an incumbent was lawfully elected, as only a duly elected official may lawfully enjoy the extended tenure.

A three-way vehicular collision occurred along Mac-Arthur Highway, Marilao, Bulacan, involving a Mercedes Benz driven by petitioner Edgardo Mendoza, a private jeep driven by respondent Rodolfo Salazar, and a gravel truck driven by Freddie Montoya, owned by respondent Felino Timbol. Mendoza alleged that Salazar's jeep suddenly swerved into his lane and struck his vehicle. Salazar maintained that he had lawfully overtaken Montoya's truck and was stopped at an intersection when Montoya rear-ended his jeep, causing it to lose control and hit Mendoza's car. The trial court convicted Montoya of reckless imprudence resulting in damage to Salazar's jeep and acquitted Salazar of reckless imprudence …

The governing principle is that a civil action for damages based on quasi-delict under the Civil Code constitutes a separate and independent cause of action from the civil liability arising from a criminal offense under the Revised Penal Code, and therefore does not require an express reservation under Section 2, Rule 111 of the Rules of Court to proceed independently. Where an accused is acquitted on the ground that the fact from which civil liability might arise did not exist, the civil action for damages is extinguished, regardless of whether it is anchored on culpa criminal or culpa aquiliana.

Respondents Rosita Bedro and Benita Yu filed a civil complaint in the Court of First Instance of Iloilo to annul a deed of sale covering Lot No. 5 and to recover actual, daily, and moral damages. Respondents alleged that Lot No. 5 was designated as a subdivision road intended for public use and therefore could not be validly alienated by the estate administrators. They further claimed that petitioners, upon purchasing the lot, obstructed access with wooden posts and lumber, halting the respondents' commercial construction and causing substantial financial loss. Petitioners denied the allegations, maintaining that Lot No. 5 was validly registered as exclusive private property, bore no easeme…

The Court held that a petition for certiorari challenging an order of attachment is procedurally defective when the aggrieved party fails to first file a motion to discharge the attachment for improper or irregular issuance pursuant to Section 13, Rule 57 of the Rules of Court. Substantively, the Court ruled that a writ of preliminary attachment cannot issue on bare allegations of property disposal; the moving party must allege specific facts demonstrating intent to defraud creditors, and the remedy is strictly unavailable in actions for unliquidated or contingent damages.

Private respondent Isabel Lastimado initiated proceedings to reopen a cadastral case over a 971-hectare portion of Lot No. 626 of the Mariveles Cadastre in Bataan, alleging continuous, adverse possession for over forty years. The trial court granted her petition ex parte and issued a decree of registration, culminating in the issuance of an Original Certificate of Title. The Republic subsequently filed a petition for review within the one-year reglementary period, alleging that the land was part of a former U.S. Military Reservation and located within a public forest, thereby rendering it inalienable and incapable of private appropriation. The trial court dismissed the petition without a he…

The Court held that a petition for review of a decree of registration under Section 38 of the Land Registration Act cannot be summarily dismissed on the basis of an unproven allegation of fraud; the petitioner must be afforded a hearing to present evidence of extrinsic fraud. Furthermore, the State is not estopped by the mistake, omission, or negligence of its officials, and lands classified as military reservations or public forests remain inalienable and outside the jurisdiction of cadastral courts for private registration, irrespective of the duration of private possession.

Ngo Hing, an authorized insurance agent for Great Pacific Life Assurance Company, applied on behalf of his one-year-old daughter, Helen Go, for a twenty-year endowment policy in the amount of P50,000.00. He submitted the completed application form, paid the annual premium of P1,077.75, and received a binding deposit receipt. Branch Manager Lapulapu D. Mondragon appended a handwritten recommendation for approval. The head office subsequently disapproved the application because the twenty-year endowment plan was not offered to minors below seven years of age, and instead proposed an alternative Juvenile Triple Action Plan. The child died of influenza and bronchopneumonia before the applicant …

The Court held that a binding deposit receipt does not constitute a perfected contract of insurance where its express conditions precedent—particularly the insurer’s approval of the applicant as insurable on standard rates—remain unfulfilled. A binding slip or receipt operates merely as a provisional acknowledgment of premium payment and application submission, subject to the company’s subsequent underwriting evaluation. Without a meeting of the minds on the specific policy plan and strict compliance with the receipt’s stated conditions, no temporary coverage attaches. Additionally, the deliberate concealment of a material health condition in the application vitiates consent and independent…

Father Pascual Rigor died on August 9, 1935, leaving a will that devised approximately 44 hectares of ricelands in Guimba, Nueva Ecija, to his nearest male relative who would study for and be ordained to the Catholic priesthood. The will imposed strict conditions: absolute prohibition on sale, commencement of administration upon entering sacred theology, forfeiture if studies were discontinued or if the devisee were excommunicated, and an annual obligation to celebrate twenty masses. The will further provided that the incumbent parish priest of Victoria, Tarlac, would administer the lands during any interval when no qualified legatee existed, or if the ordained devisee were excommunicated. …

The Court held that a devise to the "nearest male relative" who studies for the priesthood refers exclusively to a relative living at the moment the succession opens, not to any indefinite future descendant. Because no qualifying relative existed or pursued the ecclesiastical vocation at the time of the testator's death, the conditional legacy became inoperative. Pursuant to Articles 888 and 912(2) of the old Civil Code (now Articles 956 and 960[2]), the undisposed property merged into the mass of the estate and devolved to the legal heirs by intestate succession.

The Bureau of Internal Revenue assessed deficiency income taxes against the late Luis D. Tongoy for calendar years 1963 and 1964, totaling P3,254.80 inclusive of surcharges, interest, and penalties. The BIR subsequently filed a Motion for Allowance of Claim and for an Order of Payment of Taxes in the intestate estate proceedings of the decedent. The estate administrator opposed the motion, contending that the filing period under the notice to creditors had expired and that the claim was therefore barred. The trial court sustained the opposition and dismissed the BIR’s motion, prompting the Commissioner of Internal Revenue and the Regional Director to elevate the matter to the Supreme Court.

The governing principle is that claims for unpaid taxes against a decedent’s estate are not barred by the statute of non-claims under Section 5, Rule 86 of the Rules of Court. Because tax liabilities arise from law rather than contract or judgment, they fall outside the enumerated claims subject to the non-claims period. The Court held that the assessment, collection, and prescription of taxes are governed exclusively by the National Internal Revenue Code, and such claims may be enforced against the estate or the heirs even after distribution, provided the tax lien has attached and the prescriptive period under the Tax Code has not lapsed.