Digests

Eduardo T. Abad and Leonardo Biason were both nephews of Maura B. Abad, a single woman over ninety years of age residing in Mangaldan, Pangasinan, who due to advanced age had become unable to manage her own person and properties. Abad resided in Quezon City while Biason had previously been granted a power of attorney by Maura to manage her properties. The dispute centered on which nephew should be appointed as Maura's guardian under Rule 92 of the Rules of Court, with the RTC ultimately preferring Biason over Abad principally on the ground of residence proximity.

The death of the appointed guardian renders a petition challenging the propriety of that appointment moot and academic, because the guardian-ward relationship is necessarily terminated by the death of either the guardian or the ward.

Respondents owned several parcels of land in Tagaytay City covered by OCT Nos. OP-787, OP-788, OP-789, OP-799; OP-793, OP-805, OP-806, OP-807; and OP-790, OP-791, OP-800, OP-801. They executed a Special Power of Attorney in favor of petitioners to obtain a loan using those properties as collateral. The dispute concerns the legal character of that SPA as an agency coupled with interest and the damages recoverable after its revocation. The Civil Code provisions on exemplary damages supply the statutory backdrop for one of the claims.

A special power of attorney that constitutes a contract of agency coupled with interest cannot be revoked at the sole will of the principal; however, damages must be satisfactorily proved, and actual damages may not be made contingent on a future event. The SPA in this case was such an agency, but only the P500,000.00 advanced by Ching was recoverable as actual damages; claims to one-half of the properties, reimbursement of expenses, and exemplary damages were denied.

Best Wear Garments is a sole proprietorship engaged in garments manufacturing as a sub-contractor, represented by General Manager Alex Sitosta. It employed respondents Cecile M. Ocubillo and Adelaida B. De Lemos as piece-rate sewers. The company’s operations depend on contracts with clients, whose specifications determine the type of sewing jobs available and the deployment of sewers. The dispute concerns the balance between the constitutional policy of protecting labor and the employer’s management prerogative to transfer employees.

A transfer of piece-rate workers to different operations, made pursuant to business necessity and without bad faith, discrimination, or diminution of rank or salary, is a valid exercise of management prerogative and does not amount to constructive dismissal merely because it reduces the workers’ piece-rate earnings. Backwages may be awarded only upon a finding of illegal dismissal; where there is no dismissal, the remedy is reinstatement without backwages.

Petitioners Evalyn I. Fetalino and Amado M. Calderon were appointed as Comelec Commissioners by President Fidel V. Ramos on February 10, 1998, pursuant to Section 2, Article IX-D of the 1987 Constitution, which prescribes a seven-year term for Comelec Chairpersons and Commissioners without reappointment. Petitioner-intervenor Manuel A. Barcelona, Jr. similarly served as Comelec Commissioner from February 12, 2004 to July 10, 2005. R.A. No. 1568, as amended, provides retirement benefits—specifically a five-year lump sum gratuity and a lifetime monthly pension—to the Chairman or any Member of the Comelec upon retirement after completion of the term of office, incapacity, death while in servic…

A Comelec Commissioner whose ad interim appointment lapses by inaction of the Commission on Appointments is not entitled to the five-year lump sum gratuity under Section 1 of R.A. No. 1568, as amended, because the period served constitutes mere tenure and not a term of office, and the law unambiguously requires completion of the term of office as a condition for retirement benefits.

The dispute arose following the nullification of the marriage between a Dutch husband and a Filipina wife. The husband subsequently filed for the dissolution of their conjugal partnership, claiming rights to, or reimbursement for, real properties acquired during the marriage which were registered in the wife's name due to the constitutional prohibition against alien land ownership.

A foreign national who knowingly purchases private land in the Philippines in violation of the Constitution cannot seek reimbursement for the funds used in the purchase upon the dissolution of the marriage, as equity will not aid a party who comes to court with unclean hands and the law will leave the parties to an illegal transaction where it finds them.

At approximately 2:30 a.m. on April 6, 2002, a group comprising Ricky "Totsie" Marquez, Roy Bernardo, Jomer Magalong, Ryan Benzon, and Marlon Mallari stood in front of the University of the East in Caloocan City. Marquez proposed robbing the nearby Rice-in-a-Box store, to which the group acceded. Marquez handed a lead pipe to Magalong, who, together with Bernardo, used it to destroy the store's padlock and break the door. Mallari was designated as the look-out while Marquez, Benzon, Magalong, and Bernardo entered the premises and took various items—including rice cookers, a blender, food items, and kitchen utensils—totaling approximately P42,000.00 in value. The stolen goods were brought to…

The uncorroborated testimony of a co-conspirator is sufficient for conviction if given in a straightforward manner and contains details that could not have been the result of deliberate afterthought. Furthermore, a store not used as a dwelling and where the owner resides elsewhere is an uninhabited place under Article 302 of the Revised Penal Code, not an inhabited house under Article 299.

The case arose from a buy-bust operation conducted by the Police Sub-Station at Pacita Complex in San Pedro, Laguna, targeting suspected drug dealers in the area. The accused, Louie Catalan y Dedala, was alleged to be selling methamphetamine hydrochloride (shabu) at a billiard hall in Barangay San Roque. The operation was initiated based on information provided by a civilian informant, leading to the formation of a buy-bust team with a designated poseur-buyer.

In prosecutions for illegal sale of dangerous drugs under Republic Act No. 9165, the prosecution must establish an unbroken chain of custody of the seized drugs to prove the corpus delicti; failure to comply with the procedural safeguards under Section 21 of RA 9165 and its Implementing Rules and Regulations—particularly regarding immediate marking by the arresting officer, inventory in the presence of required witnesses, and photographic documentation—creates reasonable doubt and warrants acquittal, as the presumption of regularity in the performance of duty cannot overcome the constitutional presumption of innocence when serious procedural lapses are present.

The case arose from the closure of the College of Physical Therapy at Liceo de Cagayan University due to declining enrollment. Petitioner, who served as Dean under a fixed-term appointment and was bound by a scholarship contract to serve the university, was reassigned to the College of Nursing as a faculty member. When she refused the assignment and claimed constructive dismissal, the university raised the jurisdictional defense that she was a corporate officer, rendering the labor tribunals without authority to hear the case.

A position must be expressly mentioned in the corporation's bylaws to be considered a corporate office under Section 25 of the Corporation Code; positions created by board resolution or administrative manual without corresponding bylaw amendment do not qualify as corporate offices. The approval by the board of directors of an appointment to a non-corporate position does not transform the appointee into a corporate officer, and labor tribunals retain jurisdiction over termination disputes involving such positions.

Shirley Torres met spouses Imelda and Rodrigo Perez in 2002 when she sold them business-class plane tickets. The Perezes owned RGP Footwear Manufacturing (RGP), which supplied ladies' shoes to Shoe Mart (SM). They suggested Torres form a partnership with their daughter Sunshine to supply garments to SM. On October 17, 2002, Torres and Sunshine established Sasay's Closet Co. (SCC), registered with the Securities and Exchange Commission, to supply, trade, and retail garments. SCC used the trademark "Naturals with Design," which it filed with the Intellectual Property Office on August 24, 2005, and registered on February 26, 2007. SCC used RGP's facilities and business address in Biñan, Laguna…

There is no probable cause to indict former partners for unfair competition under Section 168 of the Intellectual Property Code when they continue using the partnership's trademark after lawfully buying out the complaining partner's share and dissolving the partnership, as they become the exclusive owners of the partnership entitled to use its assets, and the essential elements of unfair competition—deception, passing off, and fraud upon the public—are absent.

Respondents Spouses Yves and Maria Teresa Remondeulaz owned a 1994 Toyota Corolla sedan, which they insured with petitioner Paramount Insurance Corporation under a comprehensive motor vehicle insurance policy. The policy, Private Car Policy No. PC-37396, covered Own Damage, Theft, Third-Party Property Damage and Third-Party Personal Injury for the period May 26, 1994 to May 26, 1995. The policy included a theft clause among the covered perils.

A comprehensive motor vehicle insurance policy's theft clause covers the loss of an insured vehicle when possession was initially entrusted to another for repairs or improvements but the person entrusted took or failed to return the vehicle without the owner's consent or authority, such that the act constitutes theft or qualified theft. The insurer is liable under the policy for such loss.

Complainant Maria Victoria B. Ventura, then 13 years old, resided at the house of respondent Atty. Danilo S. Samson and his wife while attending high school. Respondent, a married man, had sexual intercourse with the complainant on at least two occasions, once in his house and once at his poultry farm, giving her money afterward and warning her not to disclose the incidents.

A lawyer who engages in sexual intercourse with a minor under his care commits gross immoral conduct warranting disbarment, regardless of the minor's alleged consent or subsequent desistance, as such conduct manifests moral depravity, disrespect for the sanctity of marriage, and unfitness to practice law.

During the martial law regime, presidential decrees imposed levies on the coconut industry, collected by the Philippine Coconut Authority (PCA), to stabilize the industry and provide credit facilities to farmers. PCA utilized the Coconut Consumers Stabilization Fund (CCSF) to acquire 72.2% of the First United Bank (FUB), later renamed United Coconut Planters Bank (UCPB). Eduardo Cojuangco, Jr. claimed an exclusive option to buy these shares from the Pedro Cojuangco group and entered into an agreement with PCA to transfer this option in exchange for 10% (7.22%) of the bank’s shares and a management contract. Following the 1986 EDSA Revolution, the Presidential Commission on Good Government (…

A contract is presumed to have sufficient consideration, and inadequacy of cause does not invalidate it absent fraud, mistake, or undue influence; however, stipulations in a valid contract that transfer public funds or property to private individuals for their exclusive benefit are unconstitutional and void for violating the public purpose doctrine.

George Eyam y Watang was charged with illegal possession of methylamphetamine hydrochloride (shabu) in an Information filed on July 17, 2003. He was apprehended and found in possession of the dangerous drug without legal authority.

Mere possession of a dangerous drug constitutes prima facie evidence of knowledge, shifting the burden to the possessor to rebut the presumption, provided the prosecution first establishes the fact of unauthorized possession.

Acting on information from a civilian informer that a certain alias "Kalbo" (Robelo) was selling illegal drugs at Parola Compound, the Station Anti-Illegal Drugs Special Operation Task Force organized a buy-bust operation. PO2 Arnel Tubbali was designated as the poseur-buyer and was provided a marked P100 bill. Upon reaching the target area, the poseur-buyer was introduced to Robelo and his companion, Teddy Umali, as a prospective buyer. The poseur-buyer handed the marked money to Umali, who then ordered Robelo to hand over one plastic sachet of shabu, which Robelo did. After the pre-arranged signal was given, the police arrested Robelo, and a subsequent frisk yielded another plastic sachet…

Non-compliance with Section 21 of R.A. No. 9165 does not invalidate a drug conviction where the objection is raised for the first time on appeal and the integrity and evidentiary value of the seized items are preserved.

In January 1982, spouses Domingo Villamor, Sr. and Trinidad Gutierrez Villamor mortgaged their 4.5-hectare coconut land (Lot No. 1814) in San Jacinto, Masbate, to the Rural Bank of San Jacinto (Masbate), Inc. to secure a ₱10,000.00 loan. After default, the bank extrajudicially foreclosed the mortgage, bought the land as highest bidder, and, upon expiration of the redemption period, obtained a final deed of sale in its favor around 1991. The respondents (children and grandchild of the spouses Villamor, Sr.) and their sister Catalina Villamor Ranchez, who had been in continuous possession and cultivation of the land, negotiated with the bank to purchase it for ₱65,000.00, making four installm…

The execution of a notarized deed of sale does not operate as constructive delivery of immovable property when the vendor was not in actual possession and the vendee never took control of the property; a buyer who purchases land in the possession of a third person must inquire into the possessor’s rights, and failure to do so precludes a finding of good faith. Without valid legal or equitable title, an action to quiet title cannot prosper.

On July 6, 1995, at around 11:30 a.m., along the national highway in Magtalisay, Sangat, San Fernando, Cebu, a passenger bus of Petrus Bus Liner, driven by Sabiniano Dumayag, collided with a tricycle driven by Elsie Genayas. The bus was traveling toward Dalaguete, Cebu, while the tricycle came from the opposite direction, heading to Cebu City. The tricycle, overloaded with eight passengers, was overtaking a Mitsubishi pick-up while negotiating a blind curve when it collided with the oncoming bus. Four tricycle passengers died and five others sustained physical injuries. Criminal complaints for reckless imprudence resulting in multiple homicide and physical injuries were filed against Dumaya…

A motorist whose driving is merely a contributory factor to an accident — the proximate cause being the reckless act of another — cannot be held criminally liable for reckless imprudence; however, the acquittal does not extinguish civil liability arising from quasi-delict, and where the accused’s negligence was only contributory, the damages awarded must be equitably mitigated. In this case, a 50% reduction of actual damages was deemed appropriate.

The case arose from a Contract to Sell involving a parcel of land in Sariaya, Quezon, where respondents paid partial consideration to the petitioner corporation through an individual claiming to be its corporate secretary. When the corporation failed to deliver the title, respondents filed suit. The dispute centered on whether the corporation was properly served with summons through this individual, who was later shown not to be listed as an officer or director in the corporate records filed with the SEC.

For service of summons upon a domestic corporation to be valid and binding, it must be made strictly upon the president, manager, secretary, cashier, agent, or director as enumerated in Section 13, Rule 14 of the Rules of Civil Procedure and as conclusively shown in the General Information Sheets (GIS) filed with the SEC. Service upon any other person, even one claiming to be corporate secretary, is invalid and fails to confer jurisdiction over the corporation. Actual knowledge of the pending action or the filing of an answer by an unauthorized representative does not constitute voluntary appearance or cure the jurisdictional defect.

On May 18, 1995, combined forces of the Philippine National Police's Anti-Bank Robbery and Intelligence Task Group killed eleven suspected members of the Kuratong Baleleng Gang along Commonwealth Avenue in Quezon City. SPO2 Eduardo Delos Reyes initially told the press that the incident was a summary execution rather than a shoot-out. The Office of the Ombudsman subsequently filed murder charges against several police officers, including Panfilo M. Lacson, before the Sandiganbayan. Following jurisdictional challenges, the enactment of R.A. 8249, and subsequent Supreme Court rulings, the cases were eventually transferred to the Regional Trial Court of Quezon City. After an initial provisional…

A trial judge may dismiss criminal charges under Section 6, Rule 112 of the Rules of Court without ordering the presentation of additional evidence when the evidence on record clearly fails to establish probable cause, and not merely when there is doubt as to its existence; moreover, family court jurisdiction under Section 5 of Republic Act No. 8369 over criminal cases involving minor victims applies only where there is a living minor requiring special protection, and does not extend to murder cases where the minor victims are already deceased.

Petitioner Cely Sy owned a 316-square-meter lot in Sta. Cruz, Manila, which she leased to respondent Andok's Litson Corporation for a five-year term. Andok's paid P480,000.00 covering advance rent and a security deposit. Before Andok's could construct its outlet, two impediments arose: Sy had an outstanding MERALCO bill of P400,000.00, and a prior tenant, Mediapool, Inc., was constructing a billboard structure on a portion of the leased premises, causing delay. Andok's sent four letters to Sy over a span of eight months requesting that the billboard construction be expedited, but Sy took no action. Consequently, Andok's filed a complaint for rescission of contract and damages.

A lessor's failure to address a co-tenant's obstructive construction and unresolved unpaid utility bills, despite repeated demands, constitutes a substantial breach of the obligation to maintain the lessee in peaceful and adequate enjoyment of the lease, warranting rescission under Article 1659 of the Civil Code.

On July 21, 1997, in Quezon City, Edwin Isla entered the rented house of AAA, who was inside with her two young children. After asking about AAA's landlady, Isla suddenly poked a kitchen knife at AAA's neck, dragged her to the bedroom, and closed the door and window. He threatened her, removed her clothing, and raped her while holding the knife. Upon standing, AAA noticed the knife was bloodied and realized she had been stabbed. She attempted to wrest the knife from Isla, during which he stabbed her a second time under her lower left breast. AAA eventually disarmed him and threw the knife out the window, prompting Isla to flee through the backdoor. AAA was hospitalized for five days and sus…

Insanity as an exempting circumstance requires clear and convincing proof of complete deprivation of intelligence at the precise moment of the crime's commission, not merely the existence of a mental disorder; and where physical injuries are inflicted after the consummation of rape and are not a necessary means to commit it, the rape and the physical injuries constitute separate offenses.

On January 11, 1999, respondent Leonila Dela Cruz sold three parcels of land in Mabalacat, Pampanga to petitioner Ruben C. Magtoto for P11,952,750.00. Petitioner spouses Ruben and Artemia Magtoto took possession of the properties, exercised acts of ownership, and caused the transfer of the titles in Ruben’s name. Payment was made through postdated checks; however, most of the checks were dishonored. The spouses paid only P2,455,000.00, leaving an unpaid balance of P9,497,750.00. Despite repeated demands, the balance remained unsettled, prompting Leonila to file a complaint for specific performance with damages in the Regional Trial Court.

A party declared in default may obtain relief only upon a sworn showing that the failure to answer was due to fraud, accident, mistake, or excusable negligence, and that a meritorious defense exists. Negligence is not excusable when it could have been avoided by ordinary diligence and prudence. A defendant’s own inaction and lack of vigilance in prosecuting his cause precludes the lifting of a default order.

Lots 18 and 19 in Dagat-Dagatan, Navotas formed part of land previously expropriated by the National Housing Authority (NHA) and placed under its Tondo Dagat-Dagatan Foreshore Development Project, a program under which occupants, applicants, or beneficiaries may purchase lots on an installment basis. Lot 18 was awarded to spouses Iluminardo and Prescilla Mananquil under a Conditional Contract to Sell in October 1984, while Lot 19 was purchased by Prescilla from its occupant in February 1980. Iluminardo's brothers and sisters—the herein petitioners—are distinct from Prescilla's child by a previous marriage, Eulogio Francisco Maypa, who claimed rights to the lots and eventually sold them to r…

An action for quieting of title requires the plaintiff to prove legal or equitable title to or interest in the property, and where the property is subject to a government housing program grant, proof of heirship alone is insufficient—the plaintiff must additionally establish qualification as a legitimate successor or beneficiary under the specific terms and conditions of that program, including absence of disqualification by non-payment, prohibition, or lack of qualifications.

The respondents were overseas Filipino workers deployed to Taiwan under two-year employment contracts dated September 4, 1999. They were repatriated to the Philippines in August 2000 after working for only 11 months. The dispute involves their monetary claims for the unexpired portion of their contracts.

An OFW illegally dismissed is entitled to the salaries corresponding to the unexpired portion of their employment contract, applying the ruling in the Serrano case retroactively.

During the impeachment proceedings against Chief Justice Renato Corona, the prosecution panel requested the Senate Impeachment Court to issue subpoenas to Philippine Savings Bank to produce documents concerning Corona's alleged foreign currency deposits. The Impeachment Court granted the request and issued a subpoena duces tecum ad testificandum, compelling PSBank to testify and produce the subject bank records, creating a direct conflict between the impeachment court's orders and the absolute confidentiality provisions of the Foreign Currency Deposit Act.

A petition becomes moot and academic when supervening events terminate the controversy between the parties, eliminating the need for judicial relief where no actual or substantial rights remain to be enforced.

Jose Bahillo served as a Barangay Tanod in Sitio Bano, Barangay Naga, Tiwi, Albay. On the evening of December 9, 1997, he was allegedly attacked and stabbed multiple times by the petitioners. He survived for nearly a month, undergoing medical treatment for septicemia and kidney complications allegedly resulting from the stab wounds, before succumbing to multiple organ failure on January 8, 1998. The petitioners claimed they acted in self-defense after the victim attacked them with a bolo, and subsequently reported the incident to the police and surrendered the weapon used.

A statement made by a stabbing victim identifying his assailants immediately after the attack, where the victim survives for a significant period thereafter, is admissible as part of the res gestae rather than as a dying declaration; self-defense cannot be successfully invoked when the accused has already gained possession of the weapon and the victim's aggression has ceased; criminal liability attaches for death occurring months later if the original unlawful act caused, accelerated, or contributed to the fatal result; and voluntary surrender requires spontaneity and cannot be appreciated when the accused surrenders only after a warrant of arrest has been issued.

In 1994, the respondent-spouses entered into a Contract to Sell with petitioner for a house and lot in Camella Homes Subdivision. To facilitate a loan from a sister company of petitioner, a simulated sale was executed and titles were transferred to the respondents, but the bank collapsed before releasing the loan. In 1997, the parties executed a second Contract to Sell with in-house financing. In 2000, the respondent-husband demolished the original house and constructed a three-story replacement. He died in 2001, leaving his wife to continue payments. Petitioner sent a notarized Notice of Delinquency and Cancellation in 2003 and subsequently filed an unsuccessful unlawful detainer action be…

In a Contract to Sell of real estate on installment, the seller cannot effectively cancel the contract without complying with the twin mandatory requirements of the Maceda Law: (1) sending a notarized notice of cancellation to the buyer, and (2) refunding the cash surrender value (50% of total payments if at least two years paid). Additionally, Article 448 of the Civil Code applies to builders who construct improvements with the owner's knowledge and consent, even if the builders know they do not yet own the land, giving the landowner the statutory options to either appropriate the improvements or oblige the builder to purchase the land.

The Municipal Social Welfare and Development Office (MSWDO) of Leyte, Leyte, operated a Core Shelter Assistance Program (CSAP) providing construction materials to indigent calamity victims and a Supplemental Feeding Program (SFP) rationing food to malnourished children. When CSAP beneficiaries stopped working on their housing project due to a lack of food, MSWDO officers proposed releasing remaining SFP goods to the CSAP beneficiaries to prevent the spoilage of construction materials. The municipal mayor approved the release and signed the withdrawal slip.

Technical malversation under Article 220 of the Revised Penal Code is a mala prohibita offense where criminal intent is irrelevant, and public property appropriated by law or ordinance for a specific purpose cannot be diverted to another public purpose without a valid ordinance authorizing the transfer, even if the diverted property is claimed to be "savings."

CEPALCO is an electric utility company operating in Cagayan de Oro City under a franchise granted by R.A. No. 9284. It leases its posts, poles, and towers to telecommunication and cable companies for the installation of cables, wires, and other attachments. The City of Cagayan de Oro, through its Sangguniang Panlungsod, exercises its power to create sources of revenue under Section 5, Article X of the 1987 Constitution and the Local Government Code. Prior to R.A. No. 9284, CEPALCO's franchise under R.A. Nos. 3247, 3570, and 6020 contained an express "in lieu of all taxes" clause providing for a 3% franchise tax in lieu of all assessments of whatever authority; the current franchise contains…

A local tax ordinance imposing a business tax at a rate exceeding the maximum prescribed by the Local Government Code is void in its entirety when it lacks a separability clause; the rate limitation under Section 143(h) — capped at 2% of gross sales or receipts for businesses subject to VAT — applies to the leasing of poles as a separate line of business, and the maximum rate for cities may exceed that of municipalities by not more than 50% under Section 151.

Cipriana Delgado was the registered owner of a 58,129-square-meter lot (Lot No. 6966) in Minglanilla, Cebu, covered by TCT No. 18568. She and her husband Jose had earlier entered into a sale agreement with a certain Cecilia Tan for the disposition of the property at ₱10.00 per square meter, under which partial payments were made but the deed was never executed. Separately, the Delgados also owned an adjoining lot (Lot No. 4100-A) on which their house stood. The dispute arose when the Delgados executed deeds of absolute sale over both lots in favor of the Dys, which the Delgados later claimed were simulated to enable the Dys to secure a loan from Philbank using the properties as collateral. …

A bank that fails to conduct a fully diligent ocular inspection of mortgaged property may still be deemed a mortgagee in good faith where the defect in the mortgagor's title arose from a simulated sale to which the true owners were themselves privies, such that no amount of diligence could have uncovered the collusion. The true owners who participated in the simulation are estopped from denying the mortgage's validity, and the mortgage lien must be carried over to the reinstated titles.

Ernesto Hebron was the complainant in Criminal Case No. CC-07-43, a falsification case he filed against Aladin Simundac arising from Simundac's application for a free patent over property in Carmona, Cavite. Hebron had also previously filed Civil Case No. BCV-2005-94 against Simundac before the same RTC branch presided by Judge Garcia, which was dismissed. When Simundac sought to suspend the criminal proceedings and was denied by the MTC, he elevated the matter to the RTC via a petition for certiorari with prayer for injunctive relief, docketed as BSC No. 2009-02 and raffled to Judge Garcia's branch.

A judge's failure to resolve a pending motion within the constitutionally prescribed 90-day period constitutes gross inefficiency warranting administrative sanction, and heavy caseload may mitigate but does not excuse the delay. Errors committed by a judge in the exercise of adjudicative functions, absent fraud, dishonesty, or corruption, are not proper subjects of administrative discipline and must instead be assailed through judicial review.

The case arose from a contract of sale between the Department of Public Works and Highways (DPWH) and respondent Crispin D. Ramos over a portion of co-owned land affected by a bridge construction project. The property was covered by Tax Declaration No. 573, and the parties to the sale were co-owners of the property through inheritance from the late Mariano Diaz. The DPWH paid the agreed consideration of P570,000.00 by debiting the amount from Ramos' account with petitioner Land Bank of the Philippines (LBP), which credited the funds to Ramos' deposit account.

An appeal raises a question of fact when the resolution of the issue requires an examination of the probative value of the evidence presented; it raises a question of law only when the issue can be resolved solely on what the law provides on the given set of circumstances. The test of whether a question is one of law or of fact is not the appellation given to such question by the party raising it, but whether the appellate court can determine the issue without reviewing or evaluating the evidence.

Laviña and Nestor were both Filipino diplomats assigned in Kenya, the former as Ambassador and the latter as Consul General. The dispute implicated the privacy and inviolability of Laviña’s diplomatic residence and an administrative charge filed against Nestor before the Department of Foreign Affairs for violation of that immunity. The DFA also sent an investigating team to Nairobi to inquire into complaints filed against Laviña by embassy employees and Laviña’s own complaint against the spouses Padalhin.

Rule 45 review is limited to questions of law, and the verification and certification of non-forum shopping must be executed by the party or a duly authorized representative with personal knowledge of all petitioners’ filings. On the merits, surreptitious entry into and photographing of another’s residence without consent negates a claim of good faith and supports damages for violation of privacy under the New Civil Code.

Casimira S. Dela Cruz, a three-term Sangguniang Bayan member, sought the vice-mayoralty of Bugasong, Antique in the 10 May 2010 automated elections. Aurelio N. Dela Cruz filed a certificate of candidacy for the same office. The COMELEC First Division declared Aurelio a nuisance candidate on 29 January 2010, finding that he lacked a bona fide intention to run, had a dismal electoral history, and that his surname identical to petitioner’s would cause voter confusion and mock the electoral process. Despite the cancellation, Aurelio’s name was not deleted from the certified list of candidates or the official ballots. On 1 May 2010, COMELEC issued Resolution No. 8844, directing that votes for ca…

Votes cast for a nuisance candidate whose certificate of candidacy has been cancelled and who bears the same surname as a bona fide candidate shall not be considered stray; they must be counted in favor of the bona fide candidate. The cancellation of a certificate of candidacy under Section 69 of the Omnibus Election Code (nuisance candidate) is distinct from a disqualification under Section 68, and the legal effect is that the nuisance candidate is treated as if he never filed a candidacy; consequently, the rules on stray votes for disqualified candidates under Sections 72 and 211(24) of the Omnibus Election Code do not apply.

R.A. 8042, the Migrant Workers and Overseas Filipinos Act of 1995, was enacted on June 7, 1995 to set the government's policies on overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families, and overseas Filipinos in distress. The law contained deregulation provisions (Sections 29 and 30) mandating the phase-out of POEA's regulatory functions within five years, definitions and penalties for illegal recruitment (Sections 6 and 7), a special venue rule for criminal actions arising from illegal recruitment (Section 9), and a money claims provision imposing joint and solidary liability on corporate officers and directors of …

Sections 6, 7, 9, and 10 of R.A. 8042 are constitutional exercises of police power, and the solidary liability of corporate officers and directors under Section 10 is not automatic but requires a finding that they were remiss in directing the affairs of the company, such as sponsoring or tolerating illegal activities.

Petitioners Atty. Lilibeth O. Ladaga, Davao City Councilor Atty. Angela A. Librado-Trinidad, and Atty. Carlos Isagani T. Zarate are lawyers and activists based in Davao City, engaged in human rights advocacy, public interest litigation, and membership in progressive organizations such as Bayan Muna, the Union of Peoples' Lawyers in Mindanao (UPLM), and the Free Legal Assistance Group (FLAG). Respondents are officers of the Philippine Army's 10th Infantry Division and the Davao City Police Office, impleaded as responsible officers of the military unit allegedly responsible for preparing an intelligence document known as the "Order of Battle" (OB List). The writ of amparo was promulgated by t…

The mere inclusion of one's name in a purported military "Order of Battle" list, without corroborative evidence establishing an actual — as opposed to a potential or supposititious — threat to life, liberty, or security attributable to state forces, does not satisfy the substantial evidence threshold required to grant the privilege of the writ of amparo.

The case involves the probate of the Last Will and Testament of Enrique S. Lopez, executed on August 10, 1996. The validity of the will is contested based on formal defects in the attestation clause, specifically the omission of the total number of pages and a discrepancy in the page count stated in the acknowledgment portion versus the actual document.

A will is invalid if its attestation clause totally omits the number of pages used, and a discrepancy between the stated number of pages in the acknowledgment and the actual number of pages cannot be remedied by substantial compliance under Art. 809 if it requires extrinsic evidence to explain.

Respondent Arcadio Ivan A. Santos III applied for the registration of Lot 4998-B, a 1,045-square-meter property in Parañaque City, later amending the application to include Arcadio C. Santos, Jr. as co-applicant. Respondents claimed the property was formed through accretion to their adjoining lot and had been in their joint open, notorious, public, continuous, and adverse possession for more than 30 years. The City of Parañaque opposed the application, contending the property was within the legal easement, needed for flood control, and was actually a dried-up river bed rather than an accretion.

A dried-up river bed belongs to the State as property of public dominion and does not belong to the riparian owner, because the drying up of a river does not constitute accretion, which requires the gradual and imperceptible deposit of soil through the effects of the current.

Diageo Philippines, Inc. purchased raw alcohol from a supplier who imported the alcohol and paid the corresponding excise taxes. The excise taxes were included in the purchase price passed on to Diageo. Diageo used the alcohol to manufacture liquor products, which it subsequently exported to Japan, Taiwan, Turkey, and Thailand, receiving foreign currency proceeds. Invoking Section 130(D) of the Tax Code, Diageo filed with the Bureau of Internal Revenue applications for a refund or tax credit corresponding to the excise taxes paid by its supplier.

Only the statutory taxpayer—the person on whom the tax is imposed by law and who paid the same—can claim a refund of indirect excise taxes, even if the burden of the tax is shifted to the purchaser as part of the price.

On the night of August 11, 2002, Marcial Malicdem encountered Wilson Molina and two companions near an artesian well in Brgy. Anolid, Mangaldan, Pangasinan. After inquiring about his godson, Malicdem suddenly embraced Wilson and stabbed him in the chest with a six-inch knife, resulting in Wilson's death. Malicdem was subsequently charged with murder under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659.

Self-defense and accident are intrinsically antithetical defenses that cannot be invoked simultaneously, as self-defense implies a deliberate act to repel aggression while accident implies lack of intent and freedom of action; moreover, unlawful aggression, the most essential element of self-defense, was not proven where the victim was suddenly stabbed without provocation.

Respondent Bank of the Philippine Islands (BPI) issued a pre-approved credit card to petitioner Anita A. Ledda, who used it for various transactions but eventually defaulted. BPI filed a collection suit in the Regional Trial Court of Makati City, which ruled in favor of BPI, imposing the stipulated monthly finance charge of 3.25% and late payment charge of 6%, plus attorney's fees.

A pre-approved credit card holder who did not sign an application form or consent to the Terms and Conditions is not bound by the stipulated interest and penalty charges, the obligation being subject instead to the 12% per annum legal interest applicable to loans or forbearance of money, computed from extrajudicial demand.

Eduardo De Quintos, Jr. and Catalina Delos Santos-De Quintos were spouses whose marriage was the subject of a petition for declaration of nullity under Article 36 of the Family Code. The State, through the Office of the Solicitor General, opposed the dissolution of the marriage. The case required application of the guidelines in Republic vs. Court of Appeals (Molina) for psychological incapacity.

Psychological incapacity under Article 36 of the Family Code must be established by the totality of evidence as a grave, incurable, and juridically antecedent mental incapacity to assume the essential marital obligations; mere immaturity, infidelity, abandonment, gambling, or refusal or neglect of marital duties does not suffice. Accordingly, the declaration of nullity was set aside and the petition dismissed.

Arabelle J. Mendoza and Dominic C. Mendoza were spouses married in civil rites in 1991. Article 36 of the Family Code permits a marriage to be declared void where a spouse is psychologically incapacitated to comply with the essential marital obligations at the time of celebration.

Psychological incapacity under Article 36 of the Family Code is established only where the totality of the evidence proves a grave, incurable, and juridically antecedent mental incapacity to assume the essential marital obligations. Emotional immaturity, irresponsibility, infidelity, and criminal misconduct, without medically or clinically rooted proof of such incapacity existing at the time of marriage, do not suffice.

The case arose from a heated argument during a wake on November 10, 1993 between the accused and the victim's group, which was temporarily pacified. The following evening, the accused confronted the victim and his companions on the street, leading to a fatal assault where the victim was beaten with a stick and a stone by the accused, aided by other barangay tanods.

Conspiracy may be inferred from the concerted actions of accused persons indicating a common design and oneness of purpose without need for proof of prior agreement; abuse of superior strength is present when aggressors purposely use excessive force that creates a notorious inequality of forces, rendering the victim unable to defend himself and giving the aggressors an unfair advantage.

Petitioners Lito Bautista and Jimmy Alcantara, the Editor and Associate Editor of the tabloid Bandera, along with author Pete Ampoloquio, Jr., were charged with two counts of libel for publishing defamatory articles against respondent Sharon Cuneta-Pangilinan. The articles described the respondent as "plastic," "mega-brat," "brain dead," and a domineering wife. After the prosecution rested, petitioners filed a Demurrer to Evidence, arguing that the prosecution failed to prove their participation in the publication and the presence of malice. The prosecution failed to file its comment on time due to a staff oversight. The trial court granted the demurrer, dismissing the cases against petitio…

A private complainant lacks the legal personality to file a petition for certiorari assailing the criminal aspect of an order granting a demurrer to evidence, as such authority is vested exclusively in the Office of the Solicitor General; moreover, the grant of a demurrer to evidence amounts to an acquittal, and any review thereof would violate the accused's right against double jeopardy.

New San Jose Builders, Inc. is a domestic corporation engaged in the construction of roads, bridges, buildings, and low-cost houses primarily for the government. One of its projects is the San Jose Plains Project (SJPP) in Montalban, Rizal, also known as "Erap City," which calls for the construction of low-cost housing units turned over to the National Housing Authority for award to deserving poor families. The petitioners were workers who claimed to have been hired by respondent on various dates and in different positions for the SJPP and other projects.

Failure to verify a position paper in labor proceedings warrants dismissal of the complaint without prejudice, and the liberal construction of procedural rules cannot rescue complainants who consistently neglected to rectify their procedural defect despite ample opportunity to do so.

Petitioners were owners of seven parcels of land located in Mandaue City. To raise funds to meet their unpaid obligations to a certain Philip Lo, they decided to sell their properties and issued an Authority to Look for Buyer/Buyers on May 19, 1998, in favor of Yamson, a real estate broker. The authority specified a price of P2,000.00 per square meter, a 5% commission, and a period of authority good up to June 30, 1998, with a protection clause for registered buyers. The authority was non-exclusive and contained no stipulation that all seven lots must be sold for the broker to earn his commission.

A broker is entitled to his commission for the sale of properties to a buyer he registered, notwithstanding that not all properties covered by the authority were sold, where the written authority does not condition the payment of commission on the sale of all the properties. The written agreement, being the repository of all the terms agreed upon, cannot be supplemented by evidence of alleged unwritten conditions, pursuant to Section 9, Rule 130 of the Revised Rules on Evidence.

Petitioner was convicted for Unfair Competition under Sections 155, 168, 160 in relation to Section 170 of Republic Act No. 8293, the Intellectual Property Code of the Philippines. The conviction was rendered by the Regional Trial Court (RTC), Branch 24 in Manila, in Criminal Case No. 02-206499. The case concerns the application of the "fresh period rule" to criminal appeals, a doctrine originally established in Neypes vs. Court of Appeals for civil cases and subsequently expanded to criminal cases in Yu vs. Tatad.

The "fresh period rule" applies to appeals from convictions in criminal cases under Section 6, Rule 122 of the Revised Rules of Criminal Procedure, such that an accused who files a motion for reconsideration from a judgment of conviction is granted a fresh 15-day period to file a notice of appeal, counted from receipt of the denial of that motion.

On July 10, 2009, the COMELEC and Smartmatic-TIM entered into a Contract for the Provision of an Automated Election System (AES) for the May 10, 2010 elections, consisting of a lease with an option to purchase (OTP) the PCOS machines. The COMELEC was given until December 31, 2010, to exercise the OTP but initially opted not to, except for 920 units for special elections. Subsequently, the COMELEC issued resolutions seriously considering and eventually exercising the OTP, leading to an Extension Agreement signed on March 30, 2012, and the execution of a Deed of Sale.

An extension of the option to purchase period in a subsisting government contract is a valid amendment not requiring public bidding, provided it is not substantial, does not grant the winning bidder an edge over others, and is advantageous to the government.

The case arises from the implementation of the Community Mortgage Program (CMP), a government socialized housing initiative administered by the National Home Mortgage Finance Corporation (NHMFC) to enable urban poor communities to acquire land they occupy. The respondent Rosal Homeowners Association, Inc. (RHAI) was organized by occupants of a parcel of land in Bacolod City to avail of CMP financing and purchase the land from its former owner, Philippine Commercial International Bank (PCIB). The dispute centers on the rights of actual occupants who refuse to comply with the procedural and financial requirements of the CMP and the association's By-Laws, and the association's authority to ter…

The termination or expulsion of a member from a homeowners association is valid when conducted in accordance with the association's By-Laws, which require notice and opportunity to be heard, and members who are expelled for non-compliance with the Community Mortgage Program requirements (such as refusal to sign the Lease Purchase Agreement and failure to pay dues) may be ejected from the property as their possession becomes merely by tolerance, not entitling them to ownership rights under the socialized housing program.

Respondent Lourdes Tajolosa Cipriano contracted two marriages: the first to Socrates Flores on April 8, 1976 in Lezo, Aklan, and the second to Silverio V. Cipriano on January 24, 1983 in San Pedro, Laguna, during the subsistence of the first. Both marriages were celebrated before the effectivity of the Family Code on August 3, 1988. Petitioner Merlinda Cipriano Montañez is Silverio's daughter from his first marriage. In 2001, respondent filed a petition for declaration of nullity of her marriage to Socrates under Article 36 of the Family Code (psychological incapacity), which was granted in 2003 and became final on October 13, 2003. The legal backdrop involves the interplay between Article …

A subsequent judicial declaration of nullity of the first marriage does not absolve a person of criminal liability for bigamy, because the crime is consummated at the moment the second marriage is contracted while the first marriage is still subsisting and has not yet been judicially declared void.