Digests

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, and was assigned vendor code "190501" by SM. In August 2003, Sunshine withdrew from the partnership to work abroad, and Imelda took over her responsibilities. In December 2005, following a dispute over reimbursement of travel expenses and unpaid work, Imelda dissolved the partnership and paid Torres her share of partnership assets from January to April 2006. In March 2006, Torres established her own sole proprietorship (Tezares Enterprise) and discovered that "Naturals" products were being sold in SM under RGP's vendor code "180195," prompting her to file a criminal complaint for unfair competition against the Perezes.

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.

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 (PCGG) sequestered the shares as ill-gotten wealth and filed a recovery suit before the Sandiganbayan.

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 of shabu from his pocket.

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.

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 dismissal in 1999 due to the recantation of witnesses, the cases were revived in 2001 based on new affidavits, leading to the filing of new informations before the RTC.

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 sustained severe, potentially fatal stab wounds that required medical intervention to drain blood from her thorax.

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.

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.

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 before filing the main case for cancellation of title and recovery of possession in 2005.

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."

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.

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 petitioners. Respondent then filed a petition for certiorari with the Court of Appeals, which reversed the trial court.

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.

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.

On December 22, 1994, Imelda B. Brutas went to the house of accused Donel Go in San Roque, Tabaco, Albay to deliver pictures requested by her sister. There she met Go and Val De Los Reyes. When it rained, the three took shelter inside Go's house where they allegedly forced her to drink two bottles of beer, causing her to feel dizzy and almost unconscious. Under this condition, both men successively raped her with each acting as accomplice to the other by covering her mouth and holding her hands to restrain her.

An accused who jumps bail during trial and remains at large loses his standing in court and is deemed to have waived any right to seek relief therefrom; consequently, his appeal must be dismissed under Section 8, Rule 124 of the Rules of Court, which authorizes the dismissal of an appeal when the appellant jumps bail or flees to a foreign country during the pendency of the appeal.

Members of the Alpha Company, 22nd Infantry Battalion, 9th Division of the Philippine Army, engaged alleged New People’s Army partisans in Sitio Gaway-gaway, Barangay Lagta, Baleno, Masbate, resulting in the deaths of seven individuals. The military reported a legitimate encounter wherein the armed victims initiated a shoot-out. The victims' families contended that no encounter occurred and that the military summarily executed helpless and unarmed civilians. Following an investigation by the National Bureau of Investigation, respondents were charged with multiple murder before the Regional Trial Court.

Murder committed by members of the Armed Forces of the Philippines is not a service-connected offense under Republic Act No. 7055 and must be tried by civil courts, jurisdiction being determined by the allegations in the Information and the offense not being among those enumerated in Commonwealth Act No. 408.

Respondents were grantees of agricultural public lands in General Santos City through homestead and fee patents issued in 1986 and 1991. In 1995, petitioner Filinvest Land, Inc., through its representative, negotiated with the Ngilay family patriarch for the purchase of these properties. A Deed of Conditional Sale was executed, and respondents received a P14,000,000.00 downpayment on October 28, 1995, delivering their owner's duplicate copies of the certificates of title. Respondents subsequently sought to nullify the sale, asserting that the transaction occurred within the five-year prohibitory period for the 1991 patents and lacked the required approval from the Department of Environment and Natural Resources (DENR).

A conditional sale of homestead land executed within the five-year prohibitory period is void ab initio, the prohibition under Section 118 of the Public Land Act making no distinction between consummated and executory sales; however, the buyer is entitled to restitution of payments made to prevent unjust enrichment under Article 22 of the Civil Code.

In October 2001, Colegio de San Juan de Letran (Letran) received information that fraternities were recruiting members from its high school department. An investigation revealed that several students bore injuries consistent with hazing. Four neophytes admitted membership in the Tau Gamma Fraternity and identified Kim Go, a fourth-year high school student, as a senior member present during hazing rites. Kim denied the accusation in a written statement. Despite notices for conferences, Kim's parents failed to attend scheduled meetings. Letran subsequently imposed a suspension on Kim for fraternity membership, prompting his parents to file a civil case for damages claiming unlawful dismissal.

Private schools have the inherent authority to prohibit fraternity membership and impose disciplinary sanctions including dismissal or suspension under DECS Order No. 20, s. 1991 and Section 78 of the Manual of Regulations for Private Schools; and due process in student disciplinary cases requires only compliance with the minimum standards in Guzman v. National University (written notice, right to answer, disclosure of evidence, right to present evidence, and consideration of evidence), without requiring cross-examination or formal trial-type proceedings.

By virtue of a certification election, Digitel Employees Union (DEU) became the exclusive bargaining agent of Digitel's rank-and-file employees in 1994. Collective bargaining negotiations resulted in a deadlock, prompting then Acting Labor Secretary Laguesma to assume jurisdiction and direct the execution of a collective bargaining agreement (CBA). No CBA was forged, and the Union became dormant. Ten years later, on September 28, 2004, Union President Esplana sent Digitel a letter containing CBA proposals and ground rules. Digitel refused to negotiate, demanding that the Union first show compliance with its Constitution and By-laws regarding membership and the election of officers. The Union subsequently filed a notice of strike, prompting Secretary of Labor Sto. Tomas to assume jurisdiction over the dispute on March 10, 2005. During the pendency of the controversy, Digiserv, a non-profit enterprise engaged in call center servicing for Digitel, filed an Establishment Termination Report stating it would cease operations, affecting at least 100 employees, 42 of whom were Union members.

The pendency of a petition for cancellation of union registration does not preclude collective bargaining, and a closure effected during the pendency of an assumption order, coupled with the creation of a new corporation performing similar functions to circumvent union rights, constitutes bad faith retrenchment and unfair labor practice.

Anunciacion Neri died intestate on September 21, 1977, survived by her husband Enrique Neri and seven children from two marriages: Eutropia and Victoria (from her first marriage with Gonzalo Illut), and Napoleon, Alicia, Visminda, Rosa, and Douglas (from her second marriage with Enrique). The spouses Enrique and Anunciacion had acquired several homestead properties totaling 296,555 square meters in Samal, Davao del Norte. On July 7, 1979, Enrique (in his personal capacity and as natural guardian of minors Rosa and Douglas), together with Napoleon, Alicia, and Visminda, executed an Extra-Judicial Settlement of the Estate with Absolute Deed of Sale, adjudicating the entire estate among themselves and immediately conveying it to spouses Hadji Yusop Uy and Julpha Ibrahim Uy for ₱80,000.00. Eutropia and Victoria were excluded from the settlement and sale.

An extrajudicial settlement that excludes compulsory heirs is a total nullity and not binding upon them, and a subsequent sale of the property is valid only with respect to the alienable pro indiviso shares of the participating co-owners, making the buyer a co-owner who holds the excluded heirs' shares in implied constructive trust.

The Angat Hydro-Electric Power Plant (AHEPP), a 246-megawatt facility located in Norzagaray, Bulacan, forms part of the Angat Complex, which includes the Angat Dam and Reservoir. The complex serves multiple functions: power generation, irrigation, domestic water supply for Metro Manila, and flood control. While NPC owned the main power units, the Metropolitan Waterworks and Sewerage System (MWSS) funded and owned two auxiliary units. The National Irrigation Administration (NIA) also holds water rights for irrigation. Pursuant to the EPIRA, PSALM was mandated to privatize NPC generation assets to liquidate NPC's financial obligations. In 2010, PSALM conducted a public bidding for the AHEPP, restricting the sale to the power components while requiring the winning bidder to operate and maintain the non-power components (the dam and reservoir) under an Operations and Maintenance (O&M) Agreement. Korea Water Resources Corporation (K-Water), a foreign-owned entity, submitted the highest bid.

The sale of a government-owned hydroelectric power plant to a foreign corporation does not violate the Constitution, but the transfer or assignment of water rights to such foreign entity is unconstitutional because the appropriation of water from a natural source is reserved to Filipino citizens and corporations at least 60% of whose capital is owned by Filipinos; the government entity holding the water permit must retain it and merely authorize the foreign operator to use the impounded water.

Dominador Jalosjos Jr. was convicted of robbery by final judgment in 1970 and sentenced to prision mayor, a penalty carrying the accessory penalties of temporary absolute disqualification and perpetual special disqualification from the right of suffrage. Although granted probation in 1985, it was revoked in 1987 for failure to report to his probation officer. A 2003 certification by the Parole and Probation Administrator attesting to Jalosjos's compliance was later declared falsified, resulting in the administrator's conviction by the Sandiganbayan. Despite the revocation, Jalosjos relied on this fraudulent certification and a subsequent RTC order to run for and win the mayoralty of Dapitan City in 2004 and 2007. For the 2010 elections, rival Agapito Cardino filed a petition to cancel Jalosjos's CoC on the ground of material misrepresentation regarding his eligibility.

A certificate of candidacy filed by a person suffering from the accessory penalty of perpetual special disqualification is void ab initio, rendering the filer a non-candidate and all votes cast for him stray, which entitles the qualified candidate who garners the highest number of votes to proclamation.

So Keng Koc owned two parcels of land in Davao City, which became subjects of multiple collection suits filed against him, including one by Spouses Jesus and Nannette Crisologo. Notices of levy on attachment were issued and annotated on So Keng Koc's titles in 1998. In a separate compromise agreement approved in Civil Case No. 26,513-98, So Keng Koc conveyed the properties to satisfy the first annotated lien. The properties were subsequently sold to Nilda T. Lam and eventually to JEWM Agro-Industrial Corporation, with new titles issued in JEWM's name. The earlier liens, including those of the Crisologo spouses in Civil Case Nos. 26,810-98 and 26,811-98, were carried over to JEWM's new titles. After the Crisologo spouses obtained a final and executory judgment in their collection suit, they secured a writ of execution and the sheriff scheduled an auction sale of JEWM's properties.

A judge commits gross ignorance of the law by refusing to recognize annotated lienholders as indispensable parties in a cancellation suit, granting a contentious motion in violation of the three-day notice rule, failing to effect proper service of summons on unknown defendants, and cancelling title annotations without notifying the affected buyer.

Palm Tree Estates, Inc. (PTEI) obtained a P320 million term loan from Philippine National Bank (PNB), secured by a real estate mortgage over 48 parcels of land. The loan was subsequently amended to extend the grace period and grant an additional P80 million, with Belle Air Golf and Country Club, Inc. (BAGCCI) acting as accommodation mortgagor for properties transferred to it by PTEI. Following further restructuring and the execution of a supplemental mortgage and pledge agreement, PTEI defaulted on its obligations, prompting PNB to demand payment and, upon denial of another restructuring request, initiate extrajudicial foreclosure proceedings.

A writ of preliminary injunction will not issue to enjoin the extrajudicial foreclosure of a mortgage where the mortgagor is in default and relies merely on bare allegations of improper inclusion of properties or unilateral interest rate increases, without tendering payment or consigning the amount due.

Emiliano F. Santiago owned an 18.5615-hectare parcel of land in Laur, Nueva Ecija, covered by TCT No. NT-60359. Pursuant to the government’s Operation Land Transfer (OLT) Program under Presidential Decree No. 27, the Department of Agrarian Reform (DAR) acquired 17.4613 hectares of the property. To determine just compensation, the Land Bank of the Philippines (LBP) and DAR used the formula under P.D. 27 and E.O. 228, which multiplies the average gross production (AGP) by 2.5 and the government support price (GSP). Using the 1972 GSP of ₱35.00 per cavan of palay, LBP computed the land value at ₱135,482.12. This amount was reserved in trust for Santiago’s heirs in 1992 and released in 1998, along with a 6% incremental interest. Respondent Emiliano R. Santiago, Jr., while agreeing with the AGP of 3,915 cavans, contested the use of the 1972 GSP, arguing that the 1998 GSP of ₱400.00 should be applied.

When the agrarian reform process remains incomplete and is overtaken by R.A. 6657, just compensation must be determined under Section 17 of R.A. 6657, with P.D. 27 and E.O. 228 having only suppletory effect.

Petitioner Living @ Sense, Inc., as main contractor for a Globe Telecom project, entered into a Sub-Contract Agreement with Dou Mac, Inc. (DMI) for underground open-trench work. DMI secured surety and performance bonds from respondent Malayan Insurance Company, Inc., binding itself jointly and severally with DMI to answer for unliquidated downpayments and potential losses. After the Department of Public Works and Highways issued a work-stoppage order due to unsatisfactory work and DMI failed to adopt corrective measures, petitioner terminated the agreement and sought indemnification from respondent.

A party who binds itself jointly and severally with a principal debtor under a surety bond creates a solidary obligation, and the principal debtor is not an indispensable party in a suit to enforce the bond, as the creditor may proceed against any solidary debtor under Article 1216 of the Civil Code; moreover, failure to implead an indispensable party warrants the impleading of that party, not the dismissal of the action.

Faustina Maslum died in 1941 leaving an unprobated holographic will that named Benjamin Laxamana as an heir to a 9,000-square-meter portion of her estate. Benjamin died in 1960. His son, Domingo Laxamana, allegedly executed a deed of sale over the 9,000-square-meter property in favor of Laureano Cabalu in 1975. In 1994, Faustina's heirs executed a deed of extrajudicial succession with partition, adjudicating the 9,000-square-meter lot to Domingo. Domingo subsequently sold half of the property to a nephew in 1995 and registered the remaining 4,500 square meters under his name in 1996. Domingo died on August 4, 1996, but a deed of absolute sale over the remaining portion was purportedly executed on October 8, 1996, in favor of respondent Renato Tabu.

A contract entered into upon future inheritance is void under Article 1347 of the Civil Code when the succession has not yet been opened, the object forms part of the inheritance, and the promissor has a purely hereditary expectancy. Furthermore, a deed of sale executed after the death of the grantor is null and void, death having terminated contractual capacity, which necessarily renders all derivative titles void.

On 5 June 2001, Mayor Johnny Tawan-tawan of Salvador, Lanao del Norte, and his security escorts—comprising members of the Philippine Army, Philippine National Police, and civilian aides—were traveling home aboard the mayor's yellow pick-up vehicle. Upon reaching Purok 2, San Manuel, Lala, Lanao del Norte, armed men positioned on both sides of the road opened fire on the vehicle using high-powered firearms. The attack resulted in the deaths of PO3 Hernando Dela Cruz and T/Sgt. Ramon Dacoco, while five others sustained injuries; the mayor and one other passenger remained unharmed. Wenceslao Nelmida and Ricardo Ajok, along with several co-accused, were charged with the crime. One accused, Samuel Cutad, was discharged to serve as a state witness.

A complex crime under Article 48 of the Revised Penal Code does not arise when multiple accused, acting in conspiracy, fire multiple shots at multiple victims, as the severalty of the acts prevents the application of the "single act" requirement. In such instances, the accused are liable for as many separate crimes as there are victims.

BF Homes, Inc. entered into a contract to sell with Julie Chandumal covering a parcel of land with improvements located in Talon Dos, Las Piñas City, covered by Transfer Certificate of Title No. T-10779. On February 12, 1993, Planters Development Bank (PDB) acquired all rights, participations, and interests under this contract from BF Homes. Chandumal religiously paid her monthly amortizations from December 1990 until May 1994, after which she began defaulting on her obligations. On July 14, 1998, PDB sent Chandumal a Notice of Delinquency and Rescission of Contract with Demand to Vacate, giving her thirty days to settle her arrearages or face rescission.

Under Section 3(b) of R.A. No. 6552 (the Maceda Law), the actual cancellation of a contract to sell real estate on an installment basis requires strict compliance with two mandatory requirements: (1) a notarial act of rescission or demand for rescission, and (2) the full payment of the cash surrender value to the buyer; the seller's mere attempt or tender of payment without actual delivery to the buyer, or the buyer's unavailability, does not satisfy the statutory requirement for valid cancellation.

Petitioner Fort Bonifacio Development Corporation (FBDC), a domestic corporation engaged in real estate development, purchased a portion of the Fort Bonifacio reservation from the national government in 1995 under a tax-free transaction. Upon the effectivity of Republic Act No. 7716 on January 1, 1996, which extended Value-Added Tax (VAT) coverage to real properties held for sale or lease, FBDC became a VAT-registered person. FBDC submitted an inventory of its real properties to the Bureau of Internal Revenue (BIR) and claimed a transitional input tax credit equivalent to 8% of the inventory's book value.

Prior payment of VAT is not a prerequisite for claiming the 8% transitional input tax credit under Section 105 of the old NIRC, as the credit serves as a tax incentive for newly registered taxpayers rather than a mere refund of previously paid taxes; further, Revenue Regulations No. 7-95 is void insofar as it limits the basis of the transitional input tax credit to the value of improvements on land, excluding the land itself, thereby contravening the statutory definition of "goods or properties."

Constantino Angeles was the registered owner of a parcel of land in Sampaloc, Manila, occupied by Jelly Galiga as a lessee from 1979 to 1993. In September 1993, Fe Salvador purchased the property from Galiga, who misrepresented himself as the owner. Salvador took possession of the property in November 1993. On November 18, 1993, Angeles demanded that Salvador vacate the premises, which she ignored.

A complaint filed by one who has not proven their authority to represent the plaintiff is not deemed filed and produces no legal effect, depriving the court of jurisdiction over the plaintiff.

Arcadio Castro, Sr. claimed ownership over Lot No. 546, a 274,180-square meter rice land part of the Buenavista Estate in San Ildefonso, Bulacan, allegedly by virtue of payments made in 1944 and 1961 by his sister-in-law Jacobe Galvez on his behalf. Since the 1940s, respondents had been occupying and tilling the land, recognizing Castro as their landlord. In April 1977, respondents filed applications to purchase the land with the DAR, triggering a protracted administrative dispute when Castro opposed the applications, claiming he was the original tenant with vested rights.

Under Commonwealth Act No. 539 and its implementing rules, the requirement of personal cultivation is a fundamental condition for the grant of preferential rights to purchase agricultural lands distributed by the government; absentee tenants who merely lease out lands without prior DAR consent are disqualified from acquiring vested rights or preference over actual landless tillers who personally cultivate the land, consistent with the constitutional policy of agrarian reform favoring landless farmers.

FR Cement Corporation (FRCC) issued cement withdrawal authorities to dealers Fil-Cement Center and Tigerbilt, which were subsequently sold to Kou Co Ping (Co). Co sold the authorities covering 50,000 bags to Lily Lim (Lim) for ₱3.2 million. Lim successfully withdrew 2,800 bags and sold back authorities for 10,000 bags. FRCC later refused to honor the remaining authorities for 37,200 bags unless Lim paid a price increase. Lim demanded that Co resolve the issue or return her money, but Co failed to do so.

A private complainant does not commit forum shopping by pursuing a civil complaint for specific performance and damages based on contract or tort while appealing the civil aspect of a criminal case, because civil liability ex delicto and independent civil liability are separate, distinct, and independent causes of action.

Spouses Alan and Em Ang obtained a US$300,000.00 loan from spouses Theodore and Nancy Ang in 1992, executing a promissory note with a 10% annual interest rate payable upon demand. Following repeated demands, the debt remained unpaid, accumulating to over US$700,000.00 by 2006.

Where the plaintiff is a non-resident of the Philippines, the action may only be filed in the court of the place where the defendant resides; the residence of the plaintiff's attorney-in-fact is immaterial for determining venue because the attorney-in-fact is not a real party in interest.

Roger Tan operated a Petron outlet in Valencia City, Bukidnon. From February 2000 to May 2001, Roberto Otero purchased petroleum products on credit from Tan's establishment, accumulating an unpaid obligation of P270,818.01. Despite repeated verbal demands, Otero failed to settle his account, prompting Tan to file a collection suit with the Municipal Trial Court in Cities (MTCC) in Cagayan de Oro City on July 28, 2005.

A defendant declared in default may appeal from the judgment by default but only on limited grounds: (1) failure of the plaintiff to prove the material allegations of the complaint; (2) the decision is contrary to law; or (3) the amount of judgment is excessive or different in kind from that prayed for. While the defendant cannot adduce new evidence on appeal, he may challenge the sufficiency of the plaintiff's evidence, including the admissibility of documents, to determine if the plaintiff indeed proved his case. Additionally, private documents require authentication under Section 20, Rule 132 before admission in evidence, but their exclusion does not preclude recovery if other competent evidence establishes the claim by preponderance.

Spouses Florentino and Maximina Baylon died survived by their legitimate children, including Rita Baylon and petitioner Lilia B. Ada. Following the subsequent deaths of some heirs, the surviving heirs disputed the possession and ownership of 43 parcels of land left by the Spouses Baylon, with Rita allegedly appropriating the estate's income to purchase two specific lots (Lot No. 4709 and half of Lot No. 4706).

Rescission under Article 1381(4) of the Civil Code is not preconditioned upon the final determination of the ownership of the thing subject of litigation, the primordial purpose of the provision being to secure the possible effectivity of the impending judgment by preventing the dissipation of the subject matter regardless of which contending claim is ultimately upheld.

On May 31, 2001, Enrique Sumulong withdrew ₱230,000.00 from a Metrobank branch in Pasig City to defray employee salaries. While riding a pick-up truck with companions Virgilio Manacob, Jeff Atie, and Joselito Bautista, Sumulong placed the money in a black bag. At around 10:30 AM, at the intersection of Mercedes and Market Avenues, Arturo Lara suddenly appeared at the front passenger side, pointed a gun at Sumulong, and demanded the bag. Bautista, seated at the back, shouted not to surrender the money, prompting Sumulong to throw the bag toward Bautista. Bautista alighted with the bag and fled, but Lara pursued him while firing his gun. Bautista sustained fatal gunshot wounds, and the bag of money was taken. On June 7, 2001, Sumulong spotted Lara walking along Dr. Pilapil Street and alerted the police, leading to Lara's arrest and identification in a police line-up.

An objection to a warrantless arrest is deemed waived if not raised in a motion to quash before entering a plea, and the right to counsel does not attach during a police line-up because it is not part of custodial investigation.

Spouses Conrado and Fe Reyes owned Ponderosa Heights Subdivision and an adjoining property covered by TCT No. 185252, separated by the Marigman Creek. The Reyeses alleged that the creek dried up around 1980 when it naturally changed course to pass through Ponderosa. Spouses Crispin and Caridad Galang obtained Free Patent No. 045802-96-2847 over the dried-up creek bed, which was subsequently covered by OCT No. P-928. The Reyeses discovered the Galangs' title in 1997 and sought its annulment, claiming ownership over the abandoned creek bed by right of accretion.

A private individual may file an action for annulment of free patent and reconveyance without the Solicitor General, provided the complaint alleges pre-existing ownership over the contested lot prior to the issuance of the free patent and certificate of title, distinguishing it from a reversion suit which admits State ownership. Furthermore, to claim ownership over an abandoned river bed under Article 461 of the Civil Code, the claimant must prove by clear and convincing evidence the old course of the river, the new course, and the natural change from the old to the new location.

Jolly Bugarin served as the Director of the National Bureau of Investigation (NBI) during the presidency of the late Ferdinand E. Marcos from 1965 to 1986. Following the change in administration in 1986, the Presidential Commission on Good Government (PCGG) instituted forfeiture proceedings against Bugarin under Republic Act No. 1379, alleging that he had amassed wealth manifestly out of proportion to his lawful income. The Sandiganbayan initially dismissed the petition for insufficiency of evidence. On review, the Supreme Court reversed the dismissal, finding that Bugarin had acquired properties totaling ₱2,170,163.00 from 1968 to 1980, grossly disproportionate to his total lawful income of ₱766,548.00 for the same period. The Court ordered the properties forfeited and remanded the case to the Sandiganbayan for proper determination of the properties to be forfeited. Bugarin died in September 2002 while his motion for reconsideration was pending, and his heirs were substituted as parties.

A remand for the "proper determination of properties to be forfeited" pursuant to a final judgment declaring specific properties unlawfully acquired does not entitle the parties to a new trial to re-litigate the nature of the properties, but merely requires the trial court to select from the already delimited list of forfeited properties those that approximate the disproportion amount.

On November 3, 1999, members of the Hidalgo family were conversing in the yard of Anastacio Hidalgo in Barangay Anis, Laoac, Pangasinan, when a group of armed men suddenly opened fire from behind a concrete fence approximately six meters away. The attack resulted in the deaths of Marcelina and Elmer Hidalgo and injuries to Juanito, Aurelio, Pedro, and Ricardo Hidalgo. Diosdado Camat, along with Mamerto Dulay and several others, was charged with the crimes.

The qualifying circumstance of use of unlicensed firearm cannot be appreciated absent proof that the accused is not a licensed firearm holder, even if the firearm itself is not recovered, as testimony on the use of a firearm alone is insufficient. Furthermore, positive identification by credible witnesses prevails over the defense of alibi.

Major General Carlos F. Garcia, AFP, was charged with violations of the 96th and 97th Articles of War for failing to declare substantial assets in his Statements of Assets, Liabilities, and Net Worth (SALN) for 2002 and 2003, and for acquiring permanent residence status in the United States while in active service. He was placed under restriction to quarters on October 13, 2004, and formally charged on October 27, 2004. Upon arraignment on November 16, 2004, he pleaded not guilty. Two days later, on November 18, 2004, he compulsorily retired from military service upon reaching the age of 56. He was subsequently found guilty by the General Court Martial on December 2, 2005, and sentenced to dishonorable discharge, forfeiture of pay and allowances, and two years of confinement at hard labor.

A General Court Martial retains jurisdiction over a military officer who retires after the commission of the offense and the initiation of proceedings, and Article 29 of the Revised Penal Code applies suppletorily to credit preventive confinement toward the sentence imposed by a court-martial.

Epifanio B. Muneses was admitted as a member of the Integrated Bar of the Philippines on March 21, 1966. On August 28, 1981, he lost his privilege to practice law when he became a citizen of the United States of America. On September 15, 2006, he re-acquired his Philippine citizenship pursuant to Republic Act No. 9225, the "Citizenship Retention and Re-Acquisition Act of 2003," by taking his oath of allegiance before the Philippine Consulate General in Washington, D.C., USA. Having re-acquired his citizenship, he intended to retire in the Philippines and sought to resume his law practice.

The right to resume the practice of law after re-acquiring Philippine citizenship under Republic Act No. 9225 is not automatic; the lawyer must apply for the privilege and demonstrate compliance with all conditions for membership in good standing, including mental fitness, moral character, MCLE requirements, and financial obligations to the IBP, and must retake the Lawyer's Oath.

Former President Gloria Macapagal-Arroyo issued Administrative Order No. 275 on December 8, 2009, creating the Independent Commission to Address the Alleged Existence of Private Armies (Zeñarosa Commission) to investigate private armed groups (PAGs) with the goal of dismantling them before the May 2010 elections. The Philippine National Police (PNP) was deputized to assist the Commission by gathering intelligence on individuals suspected of maintaining PAGs.

The privilege of the writ of habeas data is denied when the collection and forwarding of personal data by law enforcement agencies is conducted pursuant to a lawful mandate to dismantle private armed groups, provided that the interference with the right to privacy is proportionate to the legitimate state aim pursued and adequate safeguards exist to ensure the integrity of the information.

President Gloria Macapagal-Arroyo created the Presidential Anti-Graft Commission (PAGC) on April 16, 2001, through Executive Order No. 12, vesting it with authority to investigate administrative cases or complaints for possible graft and corruption against presidential appointees and to submit reports and recommendations to the President. On November 15, 2010, President Benigno Simeon Aquino III issued Executive Order No. 13 abolishing the PAGC and transferring its investigative, adjudicatory, and recommendatory functions to the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA), specifically to a newly created Investigative and Adjudicatory Division (IAD).

The President possesses continuing delegated legislative authority under Section 31 of Executive Order No. 292 (Administrative Code of 1987) to reorganize the Office of the President Proper, which includes the power to abolish offices such as the Presidential Anti-Graft Commission and transfer their functions to existing offices within the Office of the President Proper without creating new, separate, and distinct offices, provided the reorganization is done in good faith for purposes of economy and efficiency.

Naguilian Emission Testing Center, Inc. operated an emission testing business on a parcel of land in Naguilian, La Union, certified by the DENR as alienable and disposable public land, from 2005 to 2007. On January 18, 2008, the company applied for the renewal of its business permit and paid the corresponding fees. Mayor Abraham Rimando refused to issue the permit unless the company executed a lease contract with the Municipality of Naguilian. The company was amenable to signing the contract subject to proposed revisions, which the mayor rejected, resulting in an impasse.

Mandamus does not lie to compel the issuance of a business permit by a municipal mayor because the power to issue permits is an exercise of delegated police power and is therefore discretionary, not ministerial.

Kelly Hardware and Construction Supply Inc. filed a complaint for collection of sum of money against Spouses Ramon and Mercdita Villuga for unpaid construction materials purchased between November 1992 and January 1993, totaling P259,809.50. The spouses admitted making purchases but claimed they had made partial payments totaling P130,301.80, leaving a balance that required verification. The respondent subsequently filed an Amended Complaint and then a Second Amended Complaint to reflect adjustments in the claimed period and to account for the partial payments.

Summary judgment is proper when the pleadings, affidavits, and admissions on file demonstrate that no genuine issue exists as to any material fact, and the moving party is entitled to judgment as a matter of law; a defendant's mere assertion of lack of knowledge regarding the application of partial payments, where such application is plainly within the defendant's knowledge, does not constitute a genuine issue of fact sufficient to preclude summary judgment.

Domingo Espinosa sought registration of a 5,525-square-meter parcel in Consolacion, Cebu, claiming he purchased it from his mother, Isabel, in 1970 and that their combined possession spanned over thirty years. To establish the land's identity, he submitted a blueprint of an advanced survey plan containing a notation by a geodetic engineer that the area was alienable and disposable. Tax declarations in Isabel's name dated back to 1965, while those in Espinosa's name commenced in 1978. The Republic opposed the application, contending that the possession did not begin on or before June 12, 1945, as required by law, and that the evidence submitted was insufficient to prove the land's alienable status.

A notation by a geodetic engineer on a survey plan stating that the land is alienable and disposable is insufficient to overcome the presumption of State ownership; incontrovertible evidence, such as a copy of the DENR Secretary’s approval or a Presidential proclamation certified by the legal custodian, is required. Furthermore, alienable and disposable lands of the public domain remain property of public dominion and are incapable of acquisition by prescription unless there is an express declaration by the State—through law or Presidential proclamation—converting them into patrimonial property.