Digests

Republic Act No. 7080, the Plunder Law, as amended by RA 7659, is constitutional and does not suffer from the vice of vagueness, nor does it violate the accused's rights to due process and to be informed of the nature and cause of the accusation. The law provides ascertainable standards and well-defined parameters for the crime of plunder.

Constitutional Law II Philosophy of Law Statutory Construction

Petitioner Joseph Ejercito Estrada, the highest-ranking official to be prosecuted under RA 7080 (Plunder Law), faced charges before the Sandiganbayan for allegedly amassing ill-gotten wealth during his presidency. This case arose from his efforts to quash the Information against him by challenging the constitutionality of the Plunder Law itself, which defines and penalizes the crime of plunder.

Freedom of Expression

Benedicto vs. Court of Appeals

4th September 2001

ak713363

364 SCRA 334 , 416 Phil. 722 , G.R. No. 125359

The Supreme Court ruled that the repeal of Circular No. 960 did not extinguish petitioners' criminal liability as saving clauses preserved pending cases. It also held that jurisdiction was proper in the Regional Trial Court (RTC), and claims of prescription, exemption, and immunity were unmeritorious.

The case arose from multiple criminal charges filed against Benedicto and Rivera for failing to report foreign exchange earnings as required by Central Bank Circular No. 960. The petitioners argued that their liability was extinguished due to the circular's repeal and other defenses such as prescription and immunity under a compromise agreement with the government.

357 SCRA 249 , G.R. No. 137873

DM. Consunji, Inc. vs. Court of Appeals

20th April 2001

ak928097

An employee's dependent who has claimed and received benefits from the State Insurance Fund under the Labor Code is not barred from subsequently suing the employer for damages under the Civil Code if the initial choice of remedy was made without knowledge of the employer's negligence or of the existence of the alternative remedy, as such ignorance negates a knowing and intelligent waiver.

The case arose from a fatal workplace accident on November 2, 1990, where Jose Juego, a construction worker for petitioner D.M. Consunji, Inc. (DMCI), died after falling 14 floors when the platform he was on collapsed. The incident prompted his widow, Maria Juego, to seek compensation. This led to a legal conflict over whether her initial claim for statutory death benefits under the Labor Code prevented her from later seeking higher damages from the employer through a civil lawsuit based on negligence.

353 SCRA 452 , 406 Phil. 1 , G.R. Nos. 146710-15 , G.R. No. 146738

Estrada vs. Desierto

2nd March 2001

ak430917

The Supreme Court held that Joseph Ejercito Estrada had effectively resigned as President of the Philippines on January 20, 2001, and that Gloria Macapagal-Arroyo had validly assumed the presidency.

Joseph Estrada’s presidency began in 1998 with broad public support but was marred by corruption allegations, including his involvement in illegal gambling operations (jueteng). A series of political and public upheavals culminated in his impeachment trial, which was aborted after senators voted to suppress key evidence. Massive public protests followed, leading to the withdrawal of military and police support for Estrada and the ascension of Vice President Gloria Macapagal-Arroyo.

405 Phil. 531 , G.R. No. 131136

De Rama vs. Court of Appeals

28th February 2001

ak337670

The constitutional prohibition against "midnight appointments" found in Article VII, Section 15 of the 1987 Constitution applies only to a President or Acting President and does not extend to appointments made by local elective officials. Furthermore, once an appointment is issued, accepted, and the appointee assumes office, they acquire a legal right to the position, protected by due process, and such appointment cannot be unilaterally revoked by the appointing authority or their successor without just cause and adherence to procedural requirements, with the Civil Service Commission having the authority to review and recall appointments only on specific grounds.

Upon assuming office as Mayor of Pagbilao, Quezon, petitioner Conrado L. de Rama sought to recall the appointments of fourteen municipal employees. These appointments were made by the outgoing mayor, Ma. Evelyn S. Abeja, in the period leading up to the end of her term and after the election of de Rama. The core of the dispute revolved around the petitioner's belief that these were "midnight appointments" and were therefore invalid, leading him to request their recall from the Civil Service Commission.

351 SCRA 44 , 403 Phil. 760 , G.R. No. 128448

Mirasol vs. Court of Appeals

1st February 2001

ak360928

The Supreme Court affirmed the Court of Appeals' decision, finding that the trial court improperly ruled on the constitutionality of P.D. No. 579 without proper notice to the Solicitor General, that the doctrine of piercing the corporate veil does not apply, and that the dacion en pago and foreclosure were valid.

The Mirasols, as sugarland owners, had their sugar production financed by PNB. P.D. No. 579 authorized PHILEX to purchase export sugar, with PNB financing the purchases. Disputes arose regarding the accounting of sugar sale proceeds, leading to litigation.

Constitutional Law II

Cruz vs. Secretaryof Environment and Natural Resources

6th December 2000

ak614139

347 SCRA 128 , 400 Phil. 904 , G.R. No. 135385

The Supreme Court dismissed the petition, ruling that the Indigenous Peoples Rights Act (IPRA) is constitutional by virtue of the tied vote (7-7). Because no majority ruling was reached, the law remained valid.

The case was brought by legal scholars and constitutionalists who questioned whether indigenous groups could hold ownership rights over natural resources traditionally deemed as part of the State’s patrimony under the Regalian Doctrine. The petitioners sought a declaration of unconstitutionality for various provisions of the IPRA, arguing that they violated the 1987 Constitution’s provisions on State ownership of public lands and natural resources.

346 SCRA 485 , 400 Phil. 307 , G.R. No. 138298 , G.R. No. 138982

Del Mar vs. Philippine Amusement and Gaming Corporation

29th November 2000

ak276548

PAGCOR’s franchise under PD 1869 only covers gambling casinos, not jai-alai. Its operation of jai-alai without a legislative franchise is illegal.

PAGCOR began operating jai-alai in 1999 based on legal opinions from the DOJ, OSG, and OGCC. Petitioners contested this, alleging PAGCOR exceeded its franchise. The cases were consolidated due to overlapping constitutional and statutory issues.

399 Phil. 647 , 346 SCRA 86 , G.R. No. 127406

Ty vs. Court of Appeals

27th November 2000

ak843193

For marriages contracted under the Civil Code regime and prior to the ruling in Wiegel v. Sempio-Diy, a prior judicial declaration of nullity of a void first marriage is not a condition precedent for the validity of a subsequent marriage; Article 40 of the Family Code, which requires such a declaration, cannot be applied retroactively if doing so would impair vested rights.

Private respondent Edgardo Reyes filed a civil case to declare his second marriage to petitioner Ofelia Ty null and void. He argued that at the time he married Ty, his first marriage to another woman was still technically subsisting because the judicial decree declaring that first marriage void ab initio was issued only after his wedding to Ty. The lower courts ruled in favor of Reyes, applying modern jurisprudence that strictly requires a judicial declaration of nullity before remarriage, prompting Ty to appeal to the Supreme Court.

Rights and Obligations between husband and wife

Marcos vs. Marcos

19th October 2000

ak266337

343 SCRA 755 , G.R. No. 136490

Psychological incapacity as a ground for nullity of marriage under Article 36 of the Family Code may be established by the totality of evidence presented, and a personal medical or psychological examination of the respondent is not a mandatory requirement or conditio sine qua non for such a declaration.

Brenda and Wilson Marcos were married in 1982 and had five children. Both were members of the military assigned to Malacañang Palace. After the 1986 EDSA Revolution, both left the military service. Wilson struggled with unemployment and failed business ventures, leading to frequent quarrels, his failure to provide financial support, and instances of physical abuse against Brenda and their children. The couple eventually separated in 1992, and a series of violent incidents prompted Brenda to file a petition to declare their marriage null and void based on Wilson's alleged psychological incapacity.

397 Phil. 376 , G.R. No. 138113

Article 36, Family Code

Bugatti vs. Court of Appeals

17th October 2000

ak805416

A contract of lease is perfected by the meeting of the minds of the parties upon the thing to be leased and the price certain; where essential terms such as the specific area to be leased, the cost of construction to be offset against rent, and the exact duration remain undetermined or disputed, no perfected contract exists, and a party who proceeds with construction despite objections and without a signed agreement is a builder in bad faith.

Obligations and Contracts

The case arose from an action for recovery of possession and damages filed by respondent spouses Ben and Maria Baguilat against petitioner Emilio Bugatti. The dispute centered on an alleged oral agreement for Bugatti to lease a portion of the Baguilats' land, construct a building thereon (with costs to be offset by rent), and then pay a monthly rental, with the building eventually belonging to the Baguilats.

Veterans Federation Party vs. Commission on Elections

6th October 2000

ak393743

396 Phil. 419 , G.R. No. 136781 , G.R. No. 136786 , G.R. No. 136795

The allocation of seats for party-list representatives under R.A. No. 7941 must adhere to four inviolable parameters: (1) the twenty percent allocation of the total House membership for party-list representatives is a ceiling, not a mandatory number to be filled at all times; (2) the two percent threshold of total valid votes cast for the party-list system is a valid requirement for a party to qualify for a seat; (3) each qualified party is entitled to a maximum of three seats; and (4) additional seats for qualified parties must be computed based on proportional representation.

The 1987 Constitution introduced the party-list system of representation in the House of Representatives to enable marginalized and underrepresented sectors to participate in lawmaking. Section 5, Article VI of the Constitution mandates that party-list representatives shall constitute twenty percent of the total number of representatives. Congress enacted R.A. No. 7941 (The Party-List System Act) to implement this constitutional provision, outlining the procedure for the election and allocation of seats for party-list representatives. The May 11, 1998 elections were the first time party-list representatives were elected under this system.

395 Phil. 661 , 341 SCRA 441 , G.R. No. 134100

Alipio vs. Court of Appeals

29th September 2000

ak484811

A creditor cannot sue the surviving spouse of a decedent in an ordinary proceeding for the collection of a sum of money chargeable against the conjugal partnership; the proper remedy is to file a claim in the settlement of the estate of the decedent.

The dispute arose from a sublease contract for a fishpond involving the respondent as lessor and two married couples (the Alipios and the Manuels) as sublessees. After the husband of the petitioner passed away, the lessor filed a collection suit against the surviving wife and the other couple for unpaid rent. The case centered on whether the surviving wife could be sued directly for the conjugal debt and the nature of the liability of the parties under the contract.

Property relations; Liquidation

People vs. Velasco

13th September 2000

ak988299

340 SCRA 207 , 394 Phil. 517 , G.R. No. 127444

The Supreme Court dismissed the petition for certiorari, holding that an acquittal based on appreciation of evidence cannot be appealed by the government, as it would violate the constitutional protection against double jeopardy.

In San Ildefonso, Bulacan, a shooting incident resulted in the death of Alex Vinculado and serious injuries to his twin brother Levi and uncle Miguel Vinculado Jr. Honorato Galvez (town mayor) and Godofredo Diego (municipal employee) were charged with murder, frustrated murder, and illegal possession of firearms. After trial, Diego was found guilty while Galvez was acquitted. The government challenged the acquittal.

338 SCRA 81 , G.R. No. 141284 , 392 Phil. 618

Integrated Bar of the Philippines vs. Zamora

15th August 2000

ak990550

The President's exercise of the power to call out the armed forces to prevent or suppress lawless violence is a discretionary power vested by the Constitution, and while subject to judicial review for grave abuse of discretion, the Court will not substitute its judgment for the President's determination of the necessity for such action unless a clear showing of arbitrariness or lack of factual basis is established by the petitioner.

Constitutional Law I Constitutional Law II

In response to an alarming increase in violent crimes such as robberies, kidnappings, and carnappings in Metro Manila, the President verbally ordered the PNP and the Philippine Marines to conduct joint visibility patrols for crime prevention and suppression. This directive was subsequently formalized through a Memorandum and implemented via Letter of Instruction 02/2000, establishing "Task Force Tulungan."

International School Alliance of Educators vs. Quisumbing

1st June 2000

ak585504

333 SCRA 13 , 388 Phil. 661 , G.R. No. 128845

The point-of-hire classification cannot justify a disparity in salary rates between foreign-hired and locally-hired employees performing the same work under similar conditions, as this violates the fundamental principle of "equal pay for equal work" and constitutes discrimination contrary to public policy.

385 Phil. 487 , 328 SCRA 749 , G.R. No. 127240

International School, Inc., established under P.D. 732 primarily for dependents of foreign diplomatic personnel, hires both foreign and local teachers. It uses four tests (domicile, home economy, economic allegiance, hiring location/responsibility) to classify faculty as either "foreign-hires" or "local-hires." Foreign-hires received additional benefits (housing, transport, etc.) and a 25% higher salary, which the School justified based on alleged "dislocation" and "limited tenure" disadvantages faced by foreign-hires.

Constitutional Law II

Equal Protection

Ong Chia vs. Republic

27th March 2000

ak747857

The rule on the formal offer of evidence under Rule 132, Section 34 of the Rules of Court does not strictly apply to naturalization proceedings; pursuant to Rule 143 (now Rule 1, Section 4), the Rules of Court apply only by analogy or in a suppletory character in such cases, allowing the appellate court to consider documents presented by the State for the first time on appeal to ensure the applicant's full qualification for citizenship.

328 SCRA 137 , 384 Phil. 676 , G.R. No. 135087

Ong Chia arrived in the Philippines from China in 1932 at the age of nine and lived there for over five decades, establishing a business and a family. In 1989, he filed a petition for naturalization under C.A. No. 473, asserting he possessed all qualifications and no disqualifications. While the trial court was initially satisfied with his testimony and knowledge of Philippine history, the State later discovered discrepancies between his current petition and a previous 1977 administrative application for naturalization.

Evidence

Heirs of Alberto Suguitan vs. City of Mandaluyong

14th March 2000

ak255645

A local government cannot initiate expropriation proceedings without a valid ordinance authorizing it; a resolution is insufficient under Section 19 of RA 7160 (Local Government Code).

The City of Mandaluyong sought to expropriate Alberto Suguitan’s property for expanding the Mandaluyong Medical Center using a 1994 resolution. Suguitan challenged this, arguing it violated procedural requirements under the Local Government Code.

325 SCRA 804 , G.R. No. 132344

University of the East vs. Jader

17th February 2000

ak405597

An educational institution has a contractual obligation to timely inform its students of their academic status and can be held liable for damages if its negligence misleads a student into believing they have completed all graduation requirements, thereby causing injury; this liability is anchored on Articles 19 and 20 of the Civil Code concerning the principle of abuse of rights and liability for negligent acts.

The case arose from the relationship between an educational institution and its student concerning the fulfillment of academic requirements for a law degree. The dispute centered on the university's responsibility to communicate a student's final grade and academic standing, especially when the student's eligibility for graduation and the bar examinations was at stake.

G.R. No. 129505 , G.R. No. 133359 , 324 SCRA 172 , 381 Phil. 179

Maloles II vs. Phillips

31st January 2000

ak825539

A probate proceeding instituted by a testator during his lifetime terminates upon the allowance of the will, and a subsequent petition for the issuance of letters testamentary after his death may be validly filed in and heard by another branch of the same Regional Trial Court; furthermore, a collateral relative who is not a compulsory heir, legatee, or devisee has no right to intervene in the settlement of the estate.

323 SCRA 692 , G.R. No. 125865

The case revolves around the unique procedural and substantive mechanisms of probating a will during the lifetime of the testator (ante-mortem probate) under Philippine law, designed to minimize fraud and settle issues of testamentary capacity and formal validity while the testator is still alive to confirm their intentions.

Wills and Succession

Testamentary Succession

Liang vs. People

28th January 2000

ak383066

Immunity under the ADB Headquarters Agreement does not apply to criminal acts like defamation; lower courts must allow both parties to present evidence on whether alleged acts were performed in an official capacity.

Jeffrey Liang, an ADB employee, was charged with defaming a colleague. The MeTC initially dismissed the case based on a DFA protocol letter asserting immunity, but the RTC reversed this decision.

G.R. No. 108581 , 320 SCRA 12

Dorotheo vs. Court of Appeals

8th December 1999

ak749116

A final and executory order declaring a probated will intrinsically void is binding and precludes any further attempt to enforce the will's provisions, mandating the distribution of the estate according to the laws of intestacy.

374 Phil. 562 , 316 SCRA 226 , G.R. No. 63145

The dispute arose from the settlement of the estate of Alejandro Dorotheo, where his alleged caretaker and paramour sought to enforce his will, which had been admitted to probate but was later declared intrinsically void by the trial court upon motion of his legitimate children whose legitimes were impaired.

Wills and Succession

Testamentary Succession

Ventura vs. Militante

5th October 1999

ak289105

A deceased person or their estate lacks the legal capacity to be sued in a civil action for a sum of money; consequently, a complaint filed against such a non-entity is void ab initio and cannot be cured by amending the pleading to substitute the surviving spouse, as the court never acquired jurisdiction over the person or subject matter in the first instance.

A proprietor of an auto supply business sought to recover an unpaid debt of P48,889.70 for automotive spare parts purchased by a customer, Carlos Ngo. However, at the time the creditor decided to file the lawsuit, Carlos Ngo had already passed away. Instead of initiating estate proceedings, the creditor filed a direct collection suit against the "Estate of Carlos Ngo," leading to a legal dispute regarding the proper party to be sued and the jurisdiction of the trial court.

Property relations; Liquidation

Codoy vs. Calugay

12th August 1999

ak810765

312 SCRA 333 , 371 Phil. 260 , G.R. No. 123486

The Supreme Court held that the provision of Article 811 of the Civil Code, which requires the presentation of at least three witnesses to explicitly declare that the signature in a contested holographic will is the genuine signature of the testator, is mandatory and not merely permissive.

311 SCRA 617 , 370 Phil. 642 , G.R. No. 136351

Following the death of Matilde Seño Vda. de Ramonal, her devisees and legatees sought to probate a document purported to be her holographic will, which was immediately met with opposition from her legal heirs who claimed the document was a forgery and procured through undue influence.

Wills and Succession

Testamentary Succession

Miranda vs. Abaya

28th July 1999

ak165397

A candidate whose certificate of candidacy has been denied due course and canceled cannot be substituted under Section 77 of the Omnibus Election Code. As a result, Joel G. Miranda’s substitution was void, and he was not legally elected as mayor.

Jose "Pempe" Miranda, the incumbent mayor of Santiago City, sought reelection despite having already served the maximum of three consecutive terms. Antonio M. Abaya filed a petition to deny due course and/or cancel Jose Miranda’s certificate of candidacy, which the Commission on Elections (COMELEC) granted on May 5, 1998. Despite this, Joel G. Miranda filed a certificate of candidacy on May 6, 1998, claiming to be a substitute candidate for his father.

368 Phil. 52 , 308 SCRA 575 , G.R. No. 106060

Sumbad vs. Court of Appeals

21st June 1999

ak628629

The Court established that a claim of forgery regarding a public document requires clear and convincing evidence to overcome the presumption of validity, and legal prohibitions (such as donations between common-law spouses) cannot be raised for the first time on appeal, particularly when the claimants are barred by laches for failing to assert their rights for an unreasonable length of time.

George K. Tait, Sr., after the death of his first wife, entered into a common-law relationship with Maria F. Tait. In 1974, George executed a Deed of Donation transferring a property in Sum-at, Bontoc, to Maria. After George died in 1977, Maria sold portions of this property to several buyers who subsequently built homes and lived there. Years later, George's daughters from his first marriage sought to recover the properties, claiming the donation to Maria was invalid.

Property relations; Art. 87

People vs. Quiñanola

5th May 1999

ak891024

306 SCRA 710 , G.R. No. 126148

The crime of frustrated rape does not exist in Philippine jurisprudence; any penetration of the female sex organ by the male organ, however slight, including mere entry into the labia or lips of the female organ ("mere touching of the external genitalia"), constitutes consummated rape.

303 SCRA 508 , 363 Phil. 130 , G.R. No. 107135

The case arose from the alleged rape of a 15-year-old girl, Catalina Carciller, by two armed men, Agapito Quiñanola and Eduardo Escuadro, in Dumanjug, Cebu, on the night of March 5, 1994. The appellants allegedly accosted the victim and her companions, separated her from them, and took turns sexually assaulting her at gunpoint.

Criminal Law II

Rape

Commissioner of Internal Revenue vs. Court of Appeals

23rd February 1999

ak854014

Sales taxes paid on containers and packaging materials are creditable against miller’s tax because such materials are not “raw materials used in the milling process” under the final proviso of Section 168 of the NIRC.

CENVOCO, a manufacturer of coconut oil and related products, paid sales taxes on containers and packaging materials for its edible oil in 1986. The Bureau of Internal Revenue (BIR) later assessed a deficiency miller’s tax and disallowed the sales tax credit, leading CENVOCO to challenge the assessment. The Court of Tax Appeals (CTA) and Court of Appeals (CA) ruled in favor of CENVOCO, prompting the BIR to appeal to the Supreme Court.

297 SCRA 754 , 361 Phil. 73 , G.R. No. 132601

Echegaray vs. Secretary of Justice

19th January 1999

ak614452

The Supreme Court retains jurisdiction to control and supervise the execution of its final and executory judgments to prevent injustice or when supervening events transpire that may render execution unjust or impossible; the issuance of a temporary restraining order on an execution is a valid exercise of judicial power and does not usurp executive or legislative prerogatives, but such a TRO may be lifted when the circumstances justifying its issuance no longer exist.

Civil Procedure I Philosophy of Law

Petitioner Leo Echegaray was sentenced to death, a conviction affirmed by the Supreme Court in G.R. No. 117472. Subsequently, in G.R. No. 132601, Echegaray challenged the constitutionality of Republic Act No. 8177 (Lethal Injection Law) and its implementing rules. While the Court upheld R.A. No. 8177, it invalidated certain sections of its implementing rules, which were later amended. As Echegaray's execution neared, he filed a Very Urgent Motion for a TRO, citing potential moves in Congress to review or repeal the death penalty law. The Supreme Court, in a Special Session on January 4, 1999, issued a TRO temporarily suspending his execution until June 15, 1999, to allow Congress time to deliberate on the matter. The public respondents then filed an Urgent Motion for Reconsideration of this TRO.

People vs. Santiano

3rd December 1998

ak138319

299 SCRA 583 , G.R. No. 123979

The Court held that when a complex crime has been charged in an information and the evidence fails to support the charge on one of the component offenses, the defendant can still be separately convicted of the other offense when properly established.

Criminal Law II

Defensor-Santiago vs. Guingona, Jr.

18th November 1998

ak966337

359 Phil. 276 , G.R. No. 134577

The selection of the Senate Minority Leader is an internal matter of the Senate, and courts will not interfere with such internal workings unless a clear violation of the Constitution, laws, or the Senate's own rules, or grave abuse of discretion amounting to lack or excess of jurisdiction, is demonstrated.

The case arose from the organization of the Eleventh Congress of the Philippines in July 1998. Following the election of Senator Marcelo B. Fernan as Senate President, a dispute emerged regarding who should be recognized as the Senate Minority Leader. Senator Tatad, who lost the bid for Senate President, claimed the position, supported by Senator Santiago. Simultaneously, a group of seven senators belonging to the Lakas-NUCD-UMDP party, also a minority bloc, elected Senator Teofisto T. Guingona Jr. as their choice for Minority Leader. Senate President Fernan eventually recognized Senator Guingona.

295 SCRA 494 , G.R. No. 130866

St. Martin Funeral Home vs. NLRC

16th September 1998

ak033899

Petitions for certiorari under Rule 65 seeking judicial review of NLRC decisions must be initially filed with the Court of Appeals, not directly with the Supreme Court, in observance of the doctrine on hierarchy of courts, as all references to "appeals" from NLRC in amended Section 9 of B.P. Blg. 129 are deemed to mean such special civil actions.

295 SCRA 470 , G.R. No. 129742

The case emerges amid increasing labor disputes reaching the Supreme Court and legislative amendments to the Labor Code (P.D. No. 442) and the Judiciary Reorganization Act (B.P. Blg. 129), particularly R.A. No. 7902, which expanded the Court of Appeals' jurisdiction over quasi-judicial agencies but created ambiguity regarding review of NLRC decisions, prompting the Court to reassess the procedural mode of judicial review to alleviate its workload and ensure efficient adjudication.

Civil Procedure II

Rule 65

Fabian vs. Desierto

16th September 1998

ak458472

Section 27 of Republic Act No. 6770, which authorizes a direct appeal to the Supreme Court from decisions of the Office of the Ombudsman in administrative disciplinary cases, is unconstitutional because it increases the appellate jurisdiction of the Supreme Court without its advice and consent, in violation of Section 30, Article VI of the 1987 Constitution. The correct procedural remedy for such appeals is a petition for review to the Court of Appeals under Rule 43 of the 1997 Rules of Civil Procedure.

292 SCRA 678 , 354 Phil. 684 , G.R. No. 127820

The case arose from an administrative complaint filed by petitioner Teresita G. Fabian, a private contractor, against private respondent Nestor V. Agustin, a District Engineer of the Department of Public Works and Highways (DPWH). Fabian alleged that Agustin, taking advantage of his official position, engaged her in an amorous relationship, awarded public works contracts to her company, and later harassed and threatened her when she tried to end the affair. This led to the filing of charges for grave misconduct, oppression, and disgraceful conduct against Agustin before the Office of the Ombudsman.

Civil Procedure II

Municipality of Parañaque vs. V.M. Realty Corporation

20th July 1998

ak525057

The exercise of eminent domain by an LGU requires an ordinance, as mandated by Section 19 of RA 7160. A resolution is insufficient for authorizing expropriation. Res judicata does not prevent the State or its agents from initiating new expropriation proceedings when public interest demands and all legal requirements are fulfilled.

The Municipality of Parañaque sought to expropriate private property owned by V.M. Realty Corporation for a socialized housing project. The complaint was filed based on a municipal council resolution, not an ordinance. Previously, a similar expropriation case involving the same property had been dismissed with prejudice.

353 Phil. 578 , G.R. No. 125172

Spouses Guiang vs. Court of Appeals

26th June 1998

ak442488

The sale of conjugal partnership property by one spouse without the consent of the other is null and void under Article 124 of the Family Code; such a void contract cannot be ratified and is not merely voidable.

Obligations and Contracts

The dispute arose when Judie Corpuz, without the consent of his wife Gilda Corpuz who was then in Manila seeking employment, sold a one-half portion of their conjugal lot, including their residence, to Spouses Antonio and Luzviminda Guiang. Gilda Corpuz objected to this sale upon her return.

Palmares vs. Court of Appeals

31st March 1998

ak070111

288 SCRA 422 , G.R. No. 126490

A person who signs a promissory note as a co-maker and explicitly binds herself to be "jointly and severally" or "solidarily" liable with the principal debtor is considered a surety, not a guarantor; as a surety, she is an insurer of the debt itself, directly and primarily liable, and may be sued by the creditor alone for the entire obligation upon the principal debtor's default.

Private respondent M.B. Lending Corporation extended a loan of P30,000.00 to the spouses Osmeña and Merlyn Azarraga. Petitioner Estrella Palmares signed the corresponding promissory note as a co-maker. The terms of the note stipulated that Palmares was "jointly and severally or solidarily liable" with the principal debtors. After partial payments were made, the Azarraga spouses defaulted on the remaining balance, prompting the lending corporation to seek collection.

345 Phil. 810 , G.R. No. 68166

Heirs of Emiliano Navarro vs. Intermediate Appellate Court

13th October 1997

ak197612

The Supreme Court denied the Motion for Reconsideration and Motion to Remand but granted the Motion for Clarification by rectifying specific typographical and clerical errors within its previous Decision dated February 12, 1997, ultimately granting the Petition for Review and reinstating the decision of the Court of First Instance.

The case involves a land dispute where the Heirs of Navarro originally filed a Petition for Review. The Supreme Court issued a Decision on February 12, 1997, which the Heirs of Pascual found confusing, particularly the dispositive portion in relation to the body of the decision regarding the public domain nature of the land. This confusion led to the Omnibus Motion seeking clarification, reconsideration, and remand.

Property and Land Law

People vs. Catantan

5th September 1997

ak898009

278 SCRA 761 , 344 Phil. 315 , G.R. No. 118075

The Supreme Court held that the acts of the accused constituted piracy under PD No. 532 and not merely grave coercion under Article 286 of the Revised Penal Code, as the seizure of the vessel through force and intimidation was established.

On June 27, 1993, at around 3:00 AM, the Pilapil brothers were fishing in the seawaters of Tabogon, Cebu, when the accused and his companions approached their boat, boarded it using force and intimidation, and compelled them to ferry them to different locations. The accused later abandoned the victims after transferring to another vessel.

Criminal Law II

Arroyo vs. De Venecia

14th August 1997

ak140457

277 SCRA 268 , 343 Phil. 42 , G.R. No. 127255

The Supreme Court held that the alleged violations of House rules in the passage of R.A. No. 8240 did not amount to a constitutional violation. The Court also reaffirmed the enrolled bill doctrine, which presumes the validity of a law once it has been duly enacted and certified by the legislative and executive branches.

The case arose from the passage of R.A. No. 8240, which amended the National Internal Revenue Code to impose specific taxes on beer and cigarettes. Petitioners, members of the House of Representatives, claimed that the law was passed in violation of House rules, particularly regarding the approval of the conference committee report and the handling of quorum issues.

276 SCRA , G.R. No. 116668

Agapay vs. Palang

28th July 1997

ak081573

In a union between a man and a woman who are not capacitated to marry each other (such as a bigamous or adulterous relationship), property ownership is governed by Article 148 of the Family Code, which strictly requires proof of actual contribution of money, property, or industry to establish co-ownership; absent such proof, the property is presumed to belong to the partner who provided the funds.

Miguel Palang left his legal wife and daughter in the Philippines to work in Hawaii, returning years later to cohabit with a much younger woman, Erlinda Agapay, with whom he contracted a void second marriage. During this second union, a rice land and a house and lot were purchased and registered either jointly or in Erlinda's name. Following Miguel's death, his legal family sought to recover these properties, claiming they belonged to the conjugal partnership of the first and valid marriage.

342 Phil. 106 , G.R. No. 116635

Article 87, Family Code

Nool vs. Court of Appeals

24th July 1997

ak645708

A contract of repurchase arising out of a contract of sale where the seller did not have any title to the property "sold" at the time of the sale is not valid; since nothing was sold, there is nothing to repurchase.

Obligations and Contracts

The dispute centers on two parcels of land originally owned by Victorino Nool and Francisco Nool (Conchita Nool's brothers). Petitioners Conchita Nool and Gaudencio Almojera mortgaged these lands to the Development Bank of the Philippines (DBP). Due to non-payment, the mortgage was foreclosed, and DBP consolidated ownership. Subsequently, petitioners entered into an alleged contract of sale (Exhibit C) with respondents Anacleto Nool (Conchita's brother) and Emilia Nebre, with an accompanying agreement for repurchase (Exhibit D). However, respondents later discovered petitioners did not own the land and purchased it directly from DBP.

Sia vs. Court of Appeals

5th May 1997

ak070235

272 SCRA 141 , 338 Phil. 652 , G.R. No. 108222

A lessee of land who constructs improvements thereon is not considered a builder in good faith under Articles 448 and 546 of the Civil Code and therefore does not have the right to retain possession until reimbursed for the full value of the improvements. The rights of a lessee regarding improvements are governed by Article 1678 of the Civil Code, which limits reimbursement to one-half of the improvement's value at the lessor's option and does not grant a right of retention.

Atty. Rodolfo N. Pelaez originally owned the land and leased it to Henry L. Sia's parents who built a structure on it with permission in 1970. After Rodolfo Pelaez passed away, the land was inherited by his son, Atty. Pacifico Pelaez, who then sold it to Torre de Oro Development Corporation. Henry L. Sia succeeded his parents as lessee. Torre de Oro Development Corporation and Sia entered into a new one-year lease contract in 1988. Upon expiry, the lessor decided not to renew the lease and sought to eject Sia, leading to this legal dispute concerning Sia's rights as a lessee with improvements on the land.

Property and Land Law

Santiago vs. Commission on Elections

19th March 1997

ak585438

270 SCRA 106 , 336 Phil. 848 , G.R. No. 127325

Republic Act No. 6735 is incomplete and inadequate to implement the people's initiative to propose amendments to the Constitution as mandated by Article XVII, Section 2 of the 1987 Constitution because it fails to provide a sufficient standard for the delegation of rule-making power to the COMELEC concerning constitutional initiatives. Consequently, COMELEC Resolution No. 2300, insofar as it prescribes rules and regulations for the conduct of initiative on amendments to the Constitution, is void.

The 1987 Philippine Constitution introduced a novel provision in Article XVII, Section 2, allowing amendments to the Constitution to be directly proposed by the people through initiative, upon a petition of at least twelve per centum of the total number of registered voters, with each legislative district represented by at least three per centum of its registered voters. This provision also mandated Congress to provide for its implementation. The case arose from an attempt by private respondent Delfin, representing PIRMA, to utilize this mechanism to propose an amendment lifting the term limits of elective officials, which was met with legal challenges regarding the existence and sufficiency of an enabling law.

268 SCRA 198 , G.R. No. 108763

Republic vs. Court of Appeals (Molina Case)

13th February 1997

ak581680

Psychological incapacity under Article 36 of the Family Code must be a medically or clinically identified, grave, and permanent or incurable psychological illness existing at the time of the marriage that renders a spouse truly incapable of knowing and assuming the essential marital obligations; mere refusal, neglect, difficulty, or irreconcilable differences are not sufficient grounds.

The introduction of "psychological incapacity" under Article 36 of the Family Code created a novel ground for declaring a marriage void, leading to a surge in petitions and inconsistent interpretations by lower courts. The Solicitor General expressed concern that the provision was being applied so liberally that it was effectively becoming a "divorce procedure," which is contrary to Philippine law and culture. This case presented the Supreme Court with the opportunity to clarify the provision's meaning and establish uniform standards for its application by the bench and bar.

268 SCRA 47 , 335 Phil. 511 , A.M. No. MTJ-95-1070

Article 36, Family Code

Apiag vs. Cantero

12th February 1997

ak734101

The Supreme Court dismissed the administrative case against Judge Esmeraldo G. Cantero, ruling that his personal misconduct did not directly relate to his judicial duties and therefore did not constitute gross misconduct in office. However, the Court emphasized that his personal behavior fell short of the ethical standards expected of a judge.

The case stems from a failed love affair between Judge Esmeraldo G. Cantero and Maria Apiag, who married in 1947 and had two children. Judge Cantero later abandoned his family and married another woman, Nieves Ygay, without legally annulling his first marriage. The complainants accused him of bigamy and falsification of public documents, as he had listed Nieves Ygay as his spouse in official documents.

267 SCRA 408 , G.R. No. 122156

Manila Prince Hotel vs. GSIS

3rd February 1997

ak613501

Section 10, second paragraph, Article XII of the 1987 Constitution, which provides that "In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos," is a self-executing provision and requires that a qualified Filipino bidder be allowed to match the highest bid of a foreign bidder in transactions involving national patrimony, and upon matching, the award should go to the Filipino bidder.

Constitutional Law I Statutory Construction

The case arose from the Philippine Government's privatization program under Proclamation No. 50. Respondent Government Service Insurance System (GSIS) decided to sell 30% to 51% of its shares in respondent Manila Hotel Corporation (MHC), which owns the historic Manila Hotel. The sale was intended to attract a "strategic partner" to provide management expertise, an international marketing/reservation system, and financial support to enhance the Manila Hotel's profitability.

Chi Ming Tsoi vs. Court of Appeals

16th January 1997

ak887142

266 SCRA 324 , G.R. No. 119190

The persistent and unjustified refusal of a spouse to engage in sexual intercourse, an essential marital obligation, for a prolonged period is equivalent to psychological incapacity under Article 36 of the Family Code, as it demonstrates an utter insensitivity or inability to give meaning and significance to the marriage.

Chi Ming Tsoi and Gina Lao-Tsoi were married on May 22, 1988. Throughout their cohabitation, which lasted until March 15, 1989, they never engaged in sexual intercourse. The wife, Gina, alleged that her husband consistently refused to consummate the marriage, leading her to believe he was either impotent or a closet homosexual who married her merely to maintain his residency status in the Philippines. This complete lack of sexual intimacy and the husband's emotional distance prompted the wife to file a complaint for the annulment of their marriage.

263 SCRA 290 , 331 Phil. 608 , G.R. No. 120385

Article 36, Family Code

Republic vs. National Labor Relations Commission

17th October 1996

ak521819

While the Asset Privatization Trust (APT) can be sued, its liability for the obligations of a privatized corporation (PNEI) is limited to the assets of that corporation it holds in its capacity as a conservator. APT's own funds, being public funds, are not subject to garnishment or execution to satisfy such obligations, even if a judgment holds APT jointly and solidarily liable with the privatized entity, as such liability only extends to the assets taken over from the privatized firm.

Pantranco North Express, Inc. (PNEI) faced financial difficulties, leading to its ownership transfer to the National Investment Development Corporation (NIDC), a PNB subsidiary, after foreclosure. PNEI was later sequestered by the PCGG and its management transferred to the Asset Privatization Trust (APT) for eventual sale. Due to its deteriorating financial condition, PNEI petitioned for suspension of payments and implemented a retrenchment program, which resulted in numerous labor complaints for unpaid benefits and separation pay filed by its employees against PNEI and APT.