Digests

An act of laying hands on a child constitutes the crime of child abuse under Section 10(a) of Republic Act No. 7610 only if the prosecution proves beyond reasonable doubt that the accused specifically intended to debase, degrade, or demean the intrinsic worth and dignity of the child as a human being; otherwise, the act is punishable under the Revised Penal Code for physical injuries.

Slight Physical Injuries, Child Abuse

The incident occurred during an evening procession where the petitioner's minor daughters and the victim, Jayson dela Cruz (a 12-year-old minor), along with his brother, were participants or bystanders. An initial altercation involving alleged stone-throwing and name-calling between the children preceded the petitioner's confrontation with Jayson.

Criminal Law II

Anchor Savings Bank vs. Furigay

13th March 2013

ak235702

706 Phil. 378 , G.R. No. 191178

An action for rescission of a contract in fraud of creditors (accion pauliana) is subsidiary in nature and cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same; the complaint for accion pauliana must allege that the creditor has exhausted all properties of the debtor and has no other legal remedy.

Anchor Savings Bank (ASB) had an existing loan with Ciudad Transport Services, Inc. (CTS), its president Henry H. Furigay, and his wife Gelinda C. Furigay. When CTS and the Furigays defaulted on their loan obligation, ASB filed a complaint for sum of money. While this collection case was pending, the Furigay spouses donated several of their registered properties to their minor children, Hegem and Herriette Furigay. ASB, believing this donation was made to defraud creditors, subsequently filed a separate action for rescission of the deed of donation.

706 Phil. 406 , G.R. No. 191431

Cruz vs. Atty. Gruspe

13th March 2013

ak238573

A document titled "Joint Affidavit of Undertaking" which contains clear promissory stipulations to perform an obligation (e.g., replace a damaged item or pay its value by a certain date) constitutes a binding contract if the essential elements of consent, object, and cause are present, irrespective of its title. Interest on a monetary obligation arising from such a contract, where the contract stipulates a payment deadline but is silent on when interest for delay begins, accrues only from the date of judicial or extrajudicial demand, not automatically from the payment deadline. Furthermore, courts may equitably reduce stipulated interest rates that are found to be excessive or unconscionable.

The dispute originated from a vehicular accident on October 24, 1999, where a minibus owned by petitioner Rodolfo G. Cruz and driven by Arturo Davin collided with the Toyota Corolla car belonging to respondent Atty. Delfin Gruspe, causing Gruspe's car to be a total wreck. This incident led to Cruz and Leonardo Q. Ibias executing a Joint Affidavit of Undertaking the following day to compensate Gruspe.

693 SCRA 141 , 706 Phil. 138 , G.R. No. 161107

Fernando vs. St. Scholastica's College

12th March 2013

ak827333

Sections 3.1 and 5 of Ordinance No. 192 of Marikina City, which regulate fence height and setback requirements, are invalid exercises of police power because they are not reasonably necessary for the stated purposes, are unduly oppressive, and constitute a taking of private property without just compensation.

The City of Marikina enacted Ordinance No. 192 aiming to regulate fence construction for public safety, security, beautification, and neighborliness. The ordinance set height limits and see-through requirements for fences and mandated a five-meter parking setback for certain establishments, including educational institutions. St. Scholastica's College, affected by this ordinance, challenged its validity.

693 SCRA 96 , 706 Phil. 93 , G.R. No. 194336

Pilar Development Corporation vs. Dumadag

11th March 2013

ak661257

Pilar Development Corporation cannot recover possession of the 3-meter strip of land designated for public easement because it is considered part of the public dominion. The proper party to institute an action concerning this public easement is the Republic of the Philippines through the Office of the Solicitor General or the local government of Las Piñas City.

Pilar Development Corporation claimed ownership of a property within Pilar Village Subdivision, a portion of which was occupied by respondents who built shanties. PDC filed an accion publiciana to evict the respondents, arguing they built without consent on land designated for village recreational facilities. The respondents countered that the local government, not PDC, had jurisdiction over the area. The trial court and the Court of Appeals dismissed PDC's complaint, finding the occupied area was a public easement.

Property and Land Law

Civil Service Commission vs. Pililla Water District

5th March 2013

ak305171

705 Phil. 378 , G.R. No. 190147

The position of General Manager of a local water district is primarily confidential in nature, and the amendment introduced by Republic Act No. 9286, requiring removal only for cause and after due process, does not convert it into a career service position; thus, an appointee may hold such a position on a coterminous basis even beyond the compulsory retirement age.

The case arose from the appointment and reappointment of Paulino J. Rafanan as General Manager (GM) of Pililla Water District (PWD). Issues emerged regarding the nature of his appointment (coterminous status), his continuation in service beyond the compulsory retirement age of 65, and the interpretation of relevant Civil Service Commission (CSC) circulars and Republic Act No. 9286, which amended the law governing water districts.

689 SCRA 412 , 702 Phil. 348 , G.R. No. 193643

Dayao vs. Commission on Elections

29th January 2013

ak885502

The Supreme Court held that the COMELEC did not commit grave abuse of discretion in dismissing the complaint for cancellation of LPGMA's registration, as the grounds for cancellation were not among those listed in the Party-List System Act, and the complaint was essentially a belated opposition to the registration.

Petitioners, who are dealers of LPG and an association of industries, sought to cancel the registration of LPGMA as a sectoral organization under the Party-List System, arguing that LPGMA did not represent a marginalized sector.

689 SCRA 97 , 702 Phil. 30 , G.R. No. 188179

Giron vs. Commission on Elections

22nd January 2013

ak774340

The Supreme Court upheld the constitutionality of Sections 12 and 14 of RA 9006, finding that they are germane to the general subject of the law, which aims to ensure fair election practices.

The case was a special civil action for certiorari and prohibition filed by Giron against the Commission on Elections (COMELEC) regarding the implementation of the Fair Election Act.

701 Phil. 400 , G.R. No. 179382

Spouses Mamaril vs. The Boy Scout of the Philippines

14th January 2013

ak436103

A lessor of a parking space (BSP) is not liable for the loss of a vehicle parked therein due to the negligence of security guards supplied by an independent security agency (AIB), where there is no employer-employee relationship between the lessor and the guards, no principal-agent relationship, and the security contract between the lessor and the agency does not contain a stipulation pour autrui in favor of the lessee. The contractual relationship between the vehicle owner paying a parking fee and the parking lot owner, where the owner retains the keys and control of the vehicle, is one of lease, not bailment.

Spouses Benjamin C. Mamaril and Sonia P. Mamaril were jeepney operators who, since 1971, parked their six passenger jeepneys every night at the Boy Scout of the Philippines' (BSP) compound for a monthly fee of P300.00 per unit. BSP had a contract with AIB Security Agency, Inc. (AIB) for security services at its compound, which included the deployment of security guards.

688 SCRA 263 , G.R. No. 179003 , G.R. No. 195816

Tan, Jr. vs. Matsuura

9th January 2013

ak725361

The Court of Appeals correctly exercised its power to review the Department of Justice's findings for grave abuse of discretion, and there was no probable cause to indict the respondents for falsification under Articles 171 and 172 of the Revised Penal Code, as the elements of the crime, including alteration changing the document's meaning and damage, were not sufficiently established during the preliminary investigation.

700 Phil. 90 , 686 SCRA 770 , G.R. No. 195670

The case arose from an intra-corporate dispute in TF Ventures, Inc., involving Tan and Matsuura, where Tan accused Matsuura and others of stealing company properties, including a pre-signed blank Deed of Trust; this led to a qualified theft case against Matsuura and associates, and Tan later claimed the deed was filled and notarized without his consent as part of a compromise attempt, prompting falsification charges amid ongoing hostilities and legal battles before the Securities and Exchange Commission.

Civil Procedure II

Beumer vs. Amores

3rd December 2012

ak424706

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.

G.R. No. 189984 , 685 SCRA 209 , 698 Phil. 423

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.

Persons and Family Law

Lopez vs. Lopez

12th November 2012

ak587297

A will cannot be admitted to probate if its attestation clause fails to state the number of pages and the discrepancy between the number of pages stated in the acknowledgment and the actual number of pages cannot be resolved by merely examining the will itself, thereby precluding the application of the substantial compliance rule.

G.R. No. 154213 , 693 Phil. 193

The case involves a family dispute over the formal validity of a notarial will executed by the family patriarch, Enrique S. Lopez. The core controversy centers on strict compliance versus substantial compliance with the formal requisites of wills under the Civil Code, specifically regarding the mandatory statement of the number of pages in the attestation clause to prevent fraud, interpolation, or omission of pages.

Wills and Succession

Eastern Mediterranean Maritime LTD., et al. vs. Surio, et al.

23rd August 2012

ak902474

The NLRC has no appellate jurisdiction to review decisions of the POEA in disciplinary action cases involving overseas contract workers; such appellate jurisdiction belongs exclusively to the Secretary of Labor.

679 SCRA 54 , 693 Phil. 226 , G.R. No. 171182

The dispute arose from a labor intervention by the International Transport Federation (ITF) on a vessel, leading to wage increases and the immediate repatriation of Filipino crewmembers. This prompted the manning agency to file disciplinary charges against the repatriated crewmembers.

Administrative Law

University of the Philippines vs. Dizon

23rd August 2012

ak560575

Government funds, including those of state universities like the University of the Philippines, are public in character and cannot be seized through writs of execution or garnishment to satisfy money judgments without the claim first being adjudicated by the Commission on Audit (COA) and a corresponding appropriation made by law; the power of courts in such cases ends with the judgment, as its satisfaction must follow the procedures outlined in P.D. No. 1445.

The University of the Philippines (UP) entered into a General Construction Agreement with Stern Builders Corporation (Stern Builders) for a project at UPLB. UP paid two of three progress billings but failed to pay the third billing, initially due to a COA disallowance which was later lifted. Stern Builders subsequently filed a suit for collection of the unpaid amount and damages against UP.

678 SCRA 1 , 692 Phil. 147 , A.M. No. 11-7-10-SC

Re: COA Opinion on the Computation of the Appraised Value of the Properties Purchased by the Retired Chief/Associate Justice of the Supreme Court

31st July 2012

ak055973

The Judiciary's constitutional fiscal autonomy grants it full flexibility to allocate and utilize its resources, including the authority to determine the manner and conditions for the disposal of its property, such as setting the appraisal formula for items purchased by retiring Justices, free from external interference or substitution of policy by the Commission on Audit.

The issue arose from a Commission on Audit (COA) Opinion finding an underpayment by five retired Supreme Court Justices who purchased personal properties (mostly vehicles) assigned to them during their tenure. The COA contested the valuation formula used by the Supreme Court's Property Division, which was based on the Constitutional Fiscal Autonomy Group (CFAG) Joint Resolution No. 35, insisting that a different COA formula should have been applied. This prompted the Supreme Court's Office of Administrative Services to seek clarification from the Court En Banc regarding the proper formula.

677 SCRA 560 , 691 Phil. 770 , G.R. No. 192377

Madriaga, Jr. vs. China Banking Corporation

25th July 2012

ak464752

The petition is denied because the case was rendered moot and academic by the full implementation of the writ of possession, and the issuance of the ex parte writ of possession did not violate the petitioner's right to due process.

The dispute originated from a sale of properties by Spouses Trajano to Madriaga, Sr., followed by complications involving a mortgage with Asia Trust Bank, an execution sale in favor of Madriaga, Sr., and a subsequent mortgage with China Bank that led to foreclosure.

G.R. No. 191109 , 691 Phil. 476

Rep. of the Phils. vs. City of Parañaque

18th July 2012

ak990874

An incorporated instrumentality of the National Government that is neither a stock nor a non-stock corporation is not a GOCC, and is exempt from local real property taxes under Sections 133(o) and 234(a) of the Local Government Code.

676 SCRA 579 , 691 Phil. 173 , G.R. No. 202242

PRA (formerly Public Estates Authority or PEA) was created by P.D. 1084 to integrate, direct, and coordinate all reclamation projects for and on behalf of the National Government. It holds titles to several reclaimed foreshore and offshore areas in Manila Bay.

Administrative Law

Chavez vs. Judicial and Bar Council

17th July 2012

ak960332

The JBC’s practice of allowing two congressional representatives (one from the Senate and one from the House) violated Section 8(1), Article VIII of the 1987 Constitution, which mandates only “a representative of Congress” as an ex-officio member.

After Chief Justice Renato Corona’s removal in May 2012, petitioner Francisco Chavez (a nominee for Chief Justice) challenged the JBC’s composition. The JBC had included two congressional representatives since 1994, initially splitting one vote and later granting each a full vote.

675 SCRA 744 , 690 Phil. 321 , G.R. No. 189755

Liwag vs. Happy Glen Loop Homeowners Association, Inc

4th July 2012

ak931594

The Supreme Court affirmed that Lot 11, Block 5, as the site of the subdivision's water facility, is part of the required "open space" under Presidential Decree No. 957 and reserved for public use. The sale of the lot was void, and an easement for the water facility existed for the benefit of the community.

In 1978, F.G.R. Sales, the original subdivision developer, assigned rights to Ernesto Marcelo due to financial obligations. Marcelo assured government agencies that water facilities were available in the subdivision. The water facility on Lot 11, Block 5 became the sole water source for residents for over 30 years. In 1995, Marcelo sold Lot 11, Block 5 to Hermogenes Liwag. After his death, Emeteria Liwag demanded the removal of the water tank, prompting the homeowners' association to file a case before the Housing and Land Use Regulatory Board (HLURB).

688 Phil. 408 , G.R. No. 171905

United Church of Christ in the Philippines, Inc. vs. Bradford United Church of Christ, Inc., et al.

20th June 2012

ak736563

A local church, incorporated as a separate legal entity, has the right to disaffiliate from a national church confederation and amend its articles of incorporation to reflect such disaffiliation, especially where the confederation's polity recognizes local church autonomy, and such matters, involving corporate rights, are within the jurisdiction of civil courts and the SEC, not being purely ecclesiastical affairs.

Petitioner UCCP is a national confederation of Evangelical churches. Respondent BUCCI, formerly Bradford Memorial Church, is a religious corporation that was a constituent local church of UCCP. A dispute arose in late 1989 when BUCCI began constructing a fence that encroached on a right-of-way allocated by UCCP. This, along with other disagreements, led to BUCCI's formal disaffiliation from UCCP, which UCCP contested, claiming the disaffiliation was invalid and that BUCCI could not amend its articles or continue using its name.

672 SCRA 27 , 687 Phil. 24 , A.M. No. 09-8-6-SC

Re: Request for Copy of 2008 Statement of Assets, Liabilities and Net Worth [SALN] and Personal Data Sheet or Curriculum Vitae of the Justices of the Supreme Court and Officers and Employees of the Judiciary

13th June 2012

ak617262

Access to the SALNs, PDS, and CVs of members of the Judiciary is generally allowed pursuant to the right to information, but this right is not absolute and must be regulated to protect judicial independence and the security of judicial officers; thus, requests are subject to specific guidelines including proper filing, statement of legitimate purpose, limitations on the scope of documents released, potential requirement for En Banc approval (for appellate court Justices), and verification of the requester's identity and record.

The case arose from initial requests by the Philippine Center for Investigative Journalism (PCIJ) in 2009 for the 2008 SALNs and PDS/CVs of Supreme Court and Court of Appeals Justices to update their database on government officials. Following these initial requests, numerous similar petitions were filed by various media outlets, organizations, individuals, and even government offices (like the Ombudsman and Malacañang seeking comment on a bill) for SALNs and other personal documents of judiciary members covering different years, spurred by interests in transparency, governance reporting, academic research, impeachment proceedings, and general public information.

671 SCRA280 , 686 Phil. 980 , G.R. No. 189434

Marcos, Jr. vs. Republic

25th April 2012

ak198765

The assets of Arelma, S.A. are considered ill-gotten wealth and are rightly forfeited to the Republic; the Sandiganbayan did not err in granting the Motion for Partial Summary Judgment.

This case involves the Republic's efforts to recover ill-gotten wealth allegedly acquired by the Marcoses during their time in power, specifically focusing on assets held by Arelma, S.A.

686 Phil. 377 , G.R. No. 171101

Hacienda Luisita, Inc. vs. Presidential Agrarian Reform Council, et al.

24th April 2012

ak280291

The date of "taking" of Hacienda Luisita's agricultural lands for agrarian reform purposes is November 21, 1989, the date PARC approved HLI's Stock Distribution Plan (SDP); the option previously granted to FWBs to remain HLI stockholders is revoked, and control over agricultural lands must be in the hands of the farmers; the FWBs are entitled to the proceeds from the sale of converted lands (less specified deductions); and HLI is entitled to just compensation from the government for the homelots distributed to the FWBs.

Constitutional Law I Persons and Family Law

The case revolves around the implementation of the Comprehensive Agrarian Reform Program (CARP) in Hacienda Luisita, a large sugar plantation. Instead of direct land distribution, HLI implemented a Stock Distribution Plan (SDP) in 1989, approved by the Presidential Agrarian Reform Council (PARC). Years later, PARC revoked the SDP, leading to legal challenges by HLI. The Supreme Court initially affirmed PARC's revocation but allowed FWBs the option to remain HLI stockholders. Subsequent motions led to the revocation of this option and clarifications on just compensation and the distribution of proceeds from land sales, which are further addressed in this resolution.

Lockheed Detective and Watchman Agency, Inc. vs. University of the Philippines

18th April 2012

ak644609

670 SCRA 206 , 686 Phil. 191 , G.R. No. 185918

Government instrumentalities with separate juridical personalities, like the University of the Philippines, are suable and their funds are not exempt from execution or garnishment; however, any money judgment against them must first be filed as a claim with the Commission on Audit (COA) before execution can proceed.

Petitioner Lockheed Detective and Watchman Agency, Inc. (Lockheed) had a contract for security services with respondent University of the Philippines (UP). This contractual relationship led to labor disputes when security guards assigned to UP filed complaints for various unpaid monetary benefits.

668 SCRA 11 , A.M. No. 11-10-1-SC

In Re: Letters of Atty. Estelito P. Mendoza Re: G.R. No. 178083—Flight Attendants and Stewards Association of the Philippines vs. Philippine Airlines, Inc. (PAL)

13th March 2012

ak112746

An employer's retrenchment program is illegal if the employer fails to satisfy its burden of proving, with sufficient and convincing evidence like audited financial statements, that the retrenchment was necessary to prevent substantial and imminent business losses, and if the criteria used for selecting employees for dismissal are not fair, reasonable, and applied in good faith.

683 Phil. 399 , G.R. No. 197788

In the wake of the 1997 Asian financial crisis, Philippine Airlines, Inc. (PAL) claimed to be suffering from severe financial distress, with liabilities allegedly amounting to P90 billion against assets of P85 billion. To mitigate these purported losses and avert bankruptcy, PAL decided to implement a massive cost-cutting program. This program included a drastic reduction of its aircraft fleet and the retrenchment of 5,000 employees, which set the stage for a major labor dispute with its cabin crew union, FASAP, over the legality of the dismissal of more than 1,400 of its members.

Civil Procedure II

Luz vs. People

29th February 2012

ak520853

A stop for a minor traffic violation, particularly one punishable only by a fine like failing to wear a motorcycle helmet under a city ordinance, does not inherently constitute a lawful custodial arrest that justifies a subsequent warrantless search incidental to arrest; evidence obtained from such an illegal search is inadmissible.

The case arose from a routine traffic stop where a police officer flagged down the petitioner for driving a motorcycle without a helmet, a violation of a Naga City ordinance.

665 SCRA 189 , 681 Phil. 198 , G.R. No. 185572

Searches and Seizures

China National Machinery & Equipment Corp. (Group) vs. Santamaria

7th February 2012

ak339749

A state-owned corporation engaging in proprietary or commercial activities (acts jure gestionis) is not entitled to sovereign immunity from suit, and a contract entered into by such an entity for a commercial venture, governed by domestic law, does not constitute an executive agreement immune from judicial review.

The case arose from the North Luzon Railways Project (Northrail Project), a large-scale infrastructure project involving the construction of a railway line from Caloocan to Malolos. This project involved agreements between Philippine government entities, Chinese government entities, and petitioner CNMEG, a Chinese state-owned corporation designated as the prime contractor. The project was financed through a Preferential Buyer's Credit extended by the Export Import Bank of China (EXIM Bank) to the Philippine government.

681 Phil. 186 , G.R. No. 180989

Dela Llana vs. The Chairperson, Commission on Audit, et al

7th February 2012

ak783122

The Commission on Audit (COA) is not constitutionally mandated to conduct a pre-audit of all government transactions; the COA has the exclusive authority to define the scope of its audit and examination, and the conduct of pre-audit is discretionary, to be implemented when, for example, an agency's internal control system is inadequate.

The COA's approach to pre-audit has evolved over time. In 1982, COA Circular No. 82-195 lifted the pre-audit system with exceptions, emphasizing agency head responsibility. Following the 1986 EDSA Revolution and the discovery of financial anomalies, COA Circular No. 86-257 reinstated selective pre-audit. With political and governmental stabilization, COA Circular No. 89-299 was issued, again lifting the pre-audit for national government agencies (NGAs) and government-owned or -controlled corporations (GOCCs) to reaffirm managerial fiscal responsibility and accelerate public service delivery. Subsequent circulars (94-006 and 95-006) expanded the lifting of pre-audit to local government units (LGUs). COA Circular No. 89-299A allowed for the reinstitution of pre-audit under certain circumstances. Later, COA Circular No. 2009-002 reinstated selective pre-audit due to rising irregularities, which was then lifted again by COA Circular No. 2011-002.

664 SCRA 519 , 680 Phil. 527 , G.R. No. 151258 , G.R. No. 154954 , G.R. No. 155101 , G.R. No. 178057 , G.R. No. 178080

Villareal vs. People

1st February 2012

ak884025

The Supreme Court found the accused fraternity members guilty of reckless imprudence resulting in homicide, emphasizing that the death of Lenny Villa was the cumulative effect of the physical injuries inflicted during the initiation rites. The Court also dismissed the case against Artemio Villareal due to his death, extinguishing his criminal liability.

Lenny Villa, a law student at Ateneo de Manila University, died during the initiation rites of the Aquila Legis Juris Fraternity in February 1991. The initiation involved physical beatings and psychological pressure, leading to Villa's death from cardiac failure due to multiple traumatic injuries. The case led to the enactment of the Anti-Hazing Law in 1995.

Philosophy of Law

Commissioner of Customs vs. Hypermix Feeds Corporation

1st February 2012

ak490989

664 SCRA 666 , 680 Phil. 681 , G.R. No. 179579

CMO No. 27-2003 was declared unconstitutional for violating procedural due process, substantive due process, and the equal protection clause. It also exceeded the Commissioner of Customs' delegated authority.

Hypermix Feeds Corporation challenged CMO No. 27-2003, which classified wheat imports as either food grade (3% tariff) or feed grade (7% tariff) based on factors like importer identity, country of origin, and port of discharge. Hypermix argued that the regulation unfairly classified its wheat as feed grade despite being food grade, subjected it to higher tariffs, and violated constitutional rights.

680 Phil. 395 , G.R. No. 154670

Fontana Resort and Country Club, Inc. vs. Spouses Tan

30th January 2012

ak756215

A contract of sale cannot be annulled or rescinded for alleged fraud or default if the party seeking such relief fails to establish by full, clear, and convincing evidence the existence of dolo causante or a substantial and fundamental breach that defeats the object of the parties in making the agreement; mere negligence, while not justifying rescission, may entitle the aggrieved party to nominal damages.

Respondent spouses purchased two class "D" shares of stock in petitioner Fontana Resort and Country Club, Inc. (FRCCI) from petitioner RN Development Corporation (RNDC), allegedly enticed by promises of first-class leisure facilities at Fontana Leisure Park (FLP) to be fully operational by the first quarter of 1998, and specific accommodation privileges. Disputes arose when respondents experienced difficulties in availing their free accommodations and perceived the FLP development as incomplete and the club rules as obscure and changing.

664 SCRA 11 , 680 Phil. 10 , G.R. No. 158239

Alma Jose vs. Javellana

25th January 2012

ak630213

An order denying a motion for reconsideration of a final order (such as an order dismissing a case) is itself a final order and thus appealable; the aggrieved party is entitled to a fresh period of 15 days from receipt of the denial order within which to file the notice of appeal, pursuant to the "fresh period rule" established in Neypes v. Court of Appeals, which applies retroactively to pending cases.

678 Phil. 532 , G.R. No. 186050 , G.R. No. 186059

The dispute originated from a 1979 Deed of Conditional Sale where Margarita Marquez Alma Jose sold two parcels of land to Ramon Javellana. Payment was partially made upfront, with the balance due upon registration under the Torrens System, an obligation Margarita undertook. After Margarita and her son/attorney-in-fact Juvenal died, the obligation fell upon her daughter and sole heir, Priscilla Alma Jose, who allegedly failed to comply and instead started developing the properties, prompting Javellana to sue for specific performance.

Civil Procedure I

Balao, et al. vs. Macapagal-Arroyo, et al

13th December 2011

ak153249

The privilege of the writ of amparo shall be denied if the allegations of an enforced disappearance are not proven by substantial evidence establishing state participation or acquiescence; however, government officials remain accountable for failing to conduct an investigation with extraordinary diligence, and the case may be remanded for continued investigation and monitoring by the trial court. Presidential immunity from suit is applicable in amparo proceedings for an incumbent president, and the doctrine of command responsibility, while not a basis for criminal liability in amparo, can be used to determine accountability for failure to investigate or prevent violations.

James M. Balao, a co-founder of the Cordillera Peoples Alliance (CPA), an organization advocating for indigenous peoples' rights, was abducted on September 17, 2008. Prior to his abduction, James had reported surveillance activities against him to his family and CPA colleagues, allegedly by state agents. The CPA had been linked by military sources to the Communist Party of the Philippines-New People's Army (CPP-NPA), and petitioners cited a pattern of harassment and violence against CPA members and other activists, suggesting James's abduction was politically motivated and part of a counter-insurgency campaign.

677 Phil. 636 , G.R. No. 181704

Bureau of Customs Employees Association (BOCEA) vs. Hon Teves, et al.

6th December 2011

ak564613

Republic Act No. 9335 (Attrition Act of 2005) and its Implementing Rules and Regulations are constitutional, do not constitute an undue delegation of legislative power, do not violate the rights to equal protection, security of tenure, or due process of covered employees, and do not constitute a bill of attainder.

664 Phil. 210 , 648 SCRA 772 , G.R. No. 183984

Republic Act No. 9335, the Attrition Act of 2005, was enacted to optimize the revenue-generation capability and collection of the Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC). It aimed to encourage BIR and BOC officials and employees to exceed their revenue targets by establishing a system of rewards and sanctions, including a Rewards and Incentives Fund and a Revenue Performance Evaluation Board. The law covered all officials and employees of the BIR and BOC with at least six months of service.

13th April 2011

ak691071

While a mortgage-creditor generally has a single cause of action and must elect between a real action for foreclosure or a personal action for collection, the principle against unjust enrichment overrides this procedural rule when a debtor admits the obligation but the creditor was precluded from foreclosure due to an erroneous lower court ruling declaring the mortgage void.

648 SCRA 400 , 663 Phil. 546 , G.R. No. 180050

The dispute arose from a loan obtained by the wife, Edna Lindo, secured by a mortgage on conjugal property executed without the contemporaneous written consent of her husband, Enrico. The procedural conflict emerged when the creditor, Flores, attempted to foreclose on the property but was denied by the trial court due to the alleged invalidity of the mortgage, prompting him to file a subsequent personal action to collect the debt which the respondents challenged as a prohibited splitting of a single cause of action.

Persons and Family Law

Absolute community

Navarro vs. Ermita

12th April 2011

ak213242

The Supreme Court ruled RA 9355 constitutional, exempting provinces composed of islands from the land area requirement under the LGC, and validated Dinagat Islands’ status as a province.

Dinagat Islands was created as a province in 2006. Petitioners argued it violated LGC criteria for population (250,000) and land area (2,000 km²). After initial nullification by the Court in 2010, the case was reopened due to post-election implications for local officials, leading to the final validation of the province.

663 Phil. 496 , G.R. No. 176951 , G.R. No. 177499 , G.R. NO. 178056

League of Cities of the Philippines (LCP) vs. Commission on Elections

12th April 2011

ak614037

The Court's February 15, 2011 Resolution, upholding the constitutionality of the 16 Cityhood Laws, is affirmed, as the petitioners' procedural arguments regarding finality and jurisdiction, and substantive arguments regarding violations of the Constitution (Art. X, Secs. 6 & 10) and the Equal Protection Clause, are without merit; the prior judgment declaring the laws unconstitutional had not attained finality due to timely filed and entertained motions.

Constitutional Law I Constitutional Law II Philosophy of Law Statutory Construction

Congress enacted 16 individual Republic Acts ("Cityhood Laws") converting specific municipalities into cities, incorporating exemption clauses that excused them from the P100 million income requirement established by R.A. No. 9009, which had amended the Local Government Code (LGC). These municipalities had cityhood bills pending before R.A. No. 9009's enactment. The League of Cities of the Philippines (LCP), representing existing cities, challenged these laws as unconstitutional for violating the LGC requirement that cityhood criteria be uniform and stated within the LGC itself, and for violating the equal protection clause. This led to a protracted legal battle involving multiple, conflicting Supreme Court rulings on the laws' validity, culminating in the February 15, 2011 Resolution upholding the laws, which petitioners sought to reconsider in the motion addressed by this present Resolution.

Equal Protection

Yusay vs. Court of Appeals

6th April 2011

ak797825

647 SCRA 269 , 662 Phil. 634 , G.R. No. 156684

Certiorari and prohibition do not lie to assail the issuance of a resolution by the Sanggunian Panglungsod authorizing expropriation because a resolution is a legislative act, not a judicial or quasi-judicial one. Furthermore, initiating expropriation requires an ordinance, not a resolution, under the Local Government Code.

Spouses Yusay owned land in Mandaluyong City, part of which they rented out. The City Council passed a resolution authorizing the City Mayor to initiate expropriation of the land for low-cost housing. The Yusays, fearing immediate action, filed certiorari and prohibition to annul the resolution.

646 SCRA 567 , 662 Phil. 132 , G.R. No. 191560

General vs. Urro

29th March 2011

ak549891

An acting appointee to a public office does not have the legal standing (cause of action) to file a quo warranto petition against a newly appointed individual to that same office. The court did not rule on the constitutionality of the new appointments.

Then President Gloria Macapagal-Arroyo appointed several individuals to the NAPOLCOM, including General as an acting commissioner. Near the end of her term, she appointed Urro, de Guzman, and Escueta as permanent commissioners. General questioned these appointments, claiming they violated the ban on midnight appointments.

646 SCRA 1 , 661 Phil. 380 , A.M. No. SCC-98-4

Alauya vs. Limbona

22nd March 2011

ak081419

A sitting judge who files a certificate of candidacy for an elective office violates the constitutional prohibition against partisan political activity by civil servants, commits gross misconduct and dishonesty by continuing to perform judicial functions and receive salary thereafter, and is consequently deemed unfit to remain in the judiciary, warranting dismissal from service effective from the date of filing the CoC.

The case arose from complaints lodged with the Office of the Court Administrator (OCA) against Judge Casan Ali Limbona of the 10th Shari'a Circuit Court, Tamparan, Lanao del Sur. The complaints alleged chronic absenteeism and, more significantly, that the judge had filed a certificate of candidacy as a party-list nominee for the Development Foundation of the Philippines (DFP) in the May 11, 1998 elections while remaining an active member of the judiciary and continuing to receive his judicial salary.

644 SCRA 36 , 659 Phil. 104 , G.R. No. 159402

Air Transportation Office vs. Ramos

23rd February 2011

ak801657

The ATO, as an agency engaged in proprietary functions, is not immune from suit and must compensate the Ramos spouses for the land used for the Loakan Airport.

The Ramos spouses discovered that part of their land was being used by the ATO for the Loakan Airport. They agreed to sell the land to the ATO, but the ATO failed to pay. The Ramos spouses filed a lawsuit, and the lower courts ruled in their favor. The ATO appealed, invoking state immunity.

Philosophy of Law

Gutierrez vs. The House of Representatives Committee on Justice, Hontiveros-Baraquel, et al.

15th February 2011

ak949647

643 SCRA 198 , 660 Phil. 271 , G.R. No. 193459

Impeachment proceedings are “initiated” when a complaint is filed and referred to the House Committee on Justice, triggering the constitutional one-year bar against subsequent proceedings.

Gutierrez faced two impeachment complaints filed 11 days apart in 2010. The House referred both to its Committee on Justice. Gutierrez argued this violated the constitutional prohibition against multiple proceedings within one year.

641 SCRA 520 , 656 Phil. 537 , G.R. No. 186045

Mactan-Cebu International Airport Authority vs. Heirs of Estanislao Miñoza

2nd February 2011

ak335523

Intervention under Rule 19 requires a legal interest that is actual, substantial, material, direct, and immediate in the matter being litigated; it is not proper when it seeks to inject an independent controversy, would unduly delay or prejudice the adjudication of the original parties' rights, or change the nature of the action, especially when the intervenor's rights can be fully protected in a separate proceeding.

641 SCRA 244 , 656 Phil. 246 , G.R. No. 159618

The dispute originated from the sale of two lots (Lots 986 and 991-A) owned by the late Estanislao Miñoza to the National Airports Corporation (NAC), MCIAA's predecessor, in the late 1940s/early 1950s for the Lahug Airport expansion project, which allegedly included an assurance that the original owners' heirs could repurchase the lots if they were no longer needed for that purpose. The airport expansion did not proceed, leading the purported heirs (represented by Leila Hermosisima) to seek reconveyance based on the alleged buy-back option over forty years later.

Civil Procedure I

Intervention

Bayan Muna vs. Romulo, et al.

1st February 2011

ak939314

An executive agreement, such as the RP-US Non-Surrender Agreement, entered into by the President pursuant to their foreign affairs powers, is valid and binding without Senate concurrence, and does not unconstitutionally derogate from the Philippines' obligations under international law, including those potentially arising from a signed but unratified treaty like the Rome Statute.