Undetermined Case Digests

Contiquincybunge Export Company shipped U.S. Soybean Meal in bulk to Simon Enterprises, Inc. from Louisiana to Manila. The shipment was discharged to the receiving barges of Asian Terminals, Inc. (ATI), the arrastre operator. Respondent claimed a shortage of 199.863 metric tons out of the manifested 3,300 metric tons and sued ATI and the carrier for damages.

An arrastre operator cannot be held liable for cargo shortage where the consignee fails to prove the actual weight of the shipment at the port of origin, particularly when the bill of lading contains a "shipper's weight, quantity and quality unknown" clause, and the alleged shortage falls within allowable variance due to the inherent nature of the goods.

In 1978, Macario Carpio demanded that Spouses Oria vacate a 137.45-square-meter portion of his property they allegedly occupied and pay monthly rent. Upon their refusal, an unlawful detainer action was filed before the Metropolitan Trial Court (MeTC), which dismissed the case for lack of jurisdiction. The Regional Trial Court (RTC) affirmed the dismissal on appeal, but the Court of Appeals (CA) directed the RTC to try the case as an accion publiciana. On remand, the RTC ruled in favor of Carpio, ordering the spouses to vacate and pay rentals and attorney's fees. The RTC subsequently issued an Omnibus Order denying the spouses' motion for reconsideration and granting Carpio's motion for im…

A void writ of execution produces no legal effect, and all actions taken pursuant to it are deemed not to have taken place; consequently, the satisfaction of a void writ does not render a pending appeal moot and academic.

Petitioner owned a sari-sari store along Arellano Street in Manila. The victim, Virgilio Mendol, was a tricycle driver whose route passed the store. At approximately 2:00 a.m. on August 1, 1999, a brawl ensued at the corner of Estrada and Arellano Streets. Mendol was about to ride his tricycle when petitioner, standing 30 meters away in front of his store, shot him four times, hitting him once in the upper right chest. Mendol survived because of timely medical attention.

A defense of alibi, even when corroborated, cannot prevail over the categorical and positive identification of the accused by credible witnesses, especially when physical impossibility to be at the crime scene is not established.

Svetlana P. Jalosjos filed a Certificate of Candidacy for mayor of Baliangao, Misamis Occidental, indicating Barangay Tugas as her place of birth and residence. Private respondents sought to deny due course to or cancel her CoC, alleging she was born in San Juan, Metro Manila, and had not abandoned her domicile of origin in Dapitan City.

A candidate for local elective office must establish by clear and positive proof the concurrence of three requisites to acquire a domicile of choice—bodily presence in the new locality, intention to remain there, and intention to abandon the old domicile—at least one year prior to the elections.

The dispute involves a 338-square-meter parcel of land in Maasin, Southern Leyte, originally owned by spouses Santiago and Sofronia Mercado. Their heirs (petitioners) inherited the property and possessed it as owners. In 1996, respondents claimed ownership, asserting they purchased the land from Josefa Mercado Espina, who allegedly acquired it through a chain of transactions dating back to 1937 involving Genivera Mercado Kavanaugh and Escolastico Mercado. In 1962, Josefa obtained Original Certificate of Title No. 35 over the property. Petitioners alleged that the prior sales were fraudulent and that Josefa obtained the title through fraudulent machinations, prompting them to file suit for r…

A complaint for recovery of ownership and possession of land fails to state a cause of action against purchasers where it does not allege that the purchasers were buyers in bad faith or had notice of the defect in the title of their vendors; under the Torrens system, purchasers are presumed innocent and for value in the absence of allegations to the contrary, and the defrauded owner's remedy lies against the parties to the fraud, not against innocent holders for value protected under Section 53 of Presidential Decree No. 1529.

During the 2013 national election period, the Diocese of Bacolod, as part of its advocacy against the Reproductive Health (RH) Law, posted two tarpaulins on the walls of the San Sebastian Cathedral. One tarpaulin stated "IBASURA RH Law," and the other, the subject of the case, listed candidates under "Team Buhay" (those who voted against the RH Law) and "Team Patay" (those who voted for it). The COMELEC ordered its removal for being oversized under election regulations.

COMELEC has no authority to regulate the content or size of expressions made by private citizens who are not candidates, as such expressions constitute protected political speech. The size limitation under the Fair Election Act and COMELEC resolutions applies only to election propaganda of candidates and political parties.

On May 3, 1994, during the annual fiesta of Barangay Talabaan, Mamburao, Occidental Mindoro, Ruben Bernardo was killed following an altercation at a public dance around midnight. The incident stemmed from a confrontation between Ruben Bernardo, who was reportedly drunk and brandishing a knife, and Reynante Tadeja, who was waiting for his children and sisters inside the dance hall. The killing resulted in the filing of homicide charges against Reynante and his brothers Ricky, Ricardo, and Ferdinand, together with their cousin Plaridel Tadeja, based on eyewitness testimonies of the victim's relatives who claimed they saw the accused jointly attack and hack Ruben to death.

A motion for new trial based on newly discovered evidence cannot be granted after the judgment of conviction has become final and executory; furthermore, an extrajudicial confession by a co-accused who participated in the trial but absconded thereafter does not qualify as newly discovered evidence as it could have been discovered earlier with reasonable diligence and is inconsistent with the accused's own testimony.

Congress enacted R.A. No. 9334, imposing excise taxes on alcohol and tobacco products imported into freeports such as the Subic Special Economic and Freeport Zone (SSEFZ), effectively withdrawing the tax exemptions previously enjoyed by importers registered under R.A. No. 7227. The Subic Bay Metropolitan Authority (SBMA) issued a memorandum directing importers to pay the applicable duties and taxes. Importers and traders operating within the SSEFZ subsequently filed a petition for declaratory relief before the Regional Trial Court to nullify the implementation of Section 6 of R.A. No. 9334.

A motion for intervention that lacks the mandatory requirements of notice and hearing, as well as proof of service, is a mere scrap of paper that cannot be acted upon by the court, and its admission despite the absence of prior notice to the adverse party constitutes grave abuse of discretion violative of due process.

Radio Marine Network Inc. (RMSI), doing business as Smartnet Philippines, applied for an Omnibus Credit Line with Asia United Bank (AUB) in 1999, representing its ₱400-million capitalization and congressional telecom franchise. RMSI officers subsequently submitted documents treating Smartnet Philippines, Inc. (SPI) as a division of RMSI to secure an Irrevocable Letter of Credit. Unbeknownst to AUB, SPI was a separate subsidiary with only ₱62,500 in paid-up capital. Upon AUB's demand for payment, RMSI denied liability, invoking SPI's separate juridical personality.

Syndicated estafa under Presidential Decree No. 1689 does not apply when the commercial bank is the victim defrauded by outsider clients; the decree requires that the swindling be committed through the association soliciting public funds, or that the offenders be insiders who used the association to perpetrate the crime.

President Gloria Macapagal-Arroyo designated Alberto C. Agra as Acting Solicitor General on January 12, 2010, following the appointment of Solicitor General Devanadera as Secretary of Justice. On March 5, 2010, President Arroyo further designated Agra as Acting Secretary of Justice vice Secretary Devanadera, who had resigned to run for Congress. Agra relinquished his prior position as Government Corporate Counsel but continued serving in both acting capacities. Petitioner Dennis A.B. Funa, in his capacity as a taxpayer, concerned citizen, and lawyer, challenged the concurrent designations on April 7, 2010. During the pendency of the suit, Jose Anselmo I. Cadiz was appointed and assumed the …

A member of the Cabinet designated in an acting or temporary capacity to hold another office is prohibited from doing so under Section 13, Article VII of the 1987 Constitution, as the provision makes no distinction between permanent and temporary appointments; the exception applies only when expressly provided by the Constitution or when the other office is held in an ex officio capacity.

Lepanto Consolidated Mining Company operated mining claims in Mankayan, Benguet, where capatazes supervised rank-and-file miners. The Lepanto Capataz Union sought to represent these capatazes separately from the existing rank-and-file bargaining unit, the Lepanto Employees Union.

A motion for reconsideration is a prerequisite to the filing of a petition for certiorari assailing the decision of the DOLE Secretary, and capatazes are not rank-and-file employees but extensions of management who may form their own union separate and distinct from rank-and-file labor organizations.

On October 31, 1997, petitioner Teodoro A. Reyes and Advanced Foundation Construction Systems Corporation, represented by its Executive Project Director, respondent Ettore Rossi, executed a deed of conditional sale for a Warman Dredging Pump worth ₱10,000,000.00. Reyes paid a ₱3,000,000.00 downpayment and agreed to pay the ₱7,000,000.00 balance through four post-dated checks. In January 1998, Reyes restructured the obligation, replacing the four original checks with nine post-dated checks totaling ₱7,125,000.00 to include monthly interest.

The rescission of a contract of sale does not constitute a prejudicial question warranting the suspension of criminal proceedings for violation of Batas Pambansa Blg. 22, because the offense is consummated upon the issuance and dishonor of a worthless check at a time when the contract is still valid and binding, and the subsequent extinguishment of the underlying obligation does not absolve the accused of criminal responsibility.

Levi Strauss and Company, owner of the trademarks for Levi's jeans (including the arcuate design, two-horse patch, and tab), through its Philippine licensee, received information that Diaz was selling counterfeit jeans. Surveillance and subsequent NBI raids on Diaz's tailoring shops yielded the seizure of jeans bearing marks similar to Levi's. Diaz maintained that he used his own registered "LS Jeans Tailoring" mark, featuring buffaloes instead of horses and an "LSJT" tab, and sold made-to-order jeans to a different market segment.

Likelihood of confusion in trademark infringement cases involving jeans products must be determined using the holistic test, which considers the entirety of the marks, including labels and packaging, rather than just the predominant features.

International Exchange Bank (iBank) granted Hammer Garments Corporation (Hammer) several loans totaling ₱24,938,898.08, secured by a ₱9 Million Real Estate Mortgage from Goldkey Development Corporation (Goldkey) and a ₱25 Million Surety Agreement from Manuel Chua (Hammer's President) and Fe Tan Uy. Hammer defaulted, prompting iBank to foreclose on Goldkey's mortgage, which yielded ₱12,000,000.00 and left a deficiency of ₱13,420,177.62. iBank subsequently filed a complaint for sum of money against Hammer, Chua, Uy, and Goldkey to recover the deficiency.

A corporate officer or stockholder cannot be held personally liable for corporate obligations absent clear and convincing proof of bad faith or gross negligence in directing corporate affairs, whereas a corporation may be held liable for the debts of another corporation when the former is proven to be a mere alter ego, characterized by common ownership, identity of directors and officers, commingled assets, and identical business operations.

Joseph Goyanko, Sr. invested P2,000,000 with Philippine Asia Lending Investors, Inc. (PALII). Conflicting claims to the investment arose between his legitimate and illegitimate families. Pending resolution of these claims, PALII deposited the proceeds with UCPB under the name "Phil Asia: ITF (In Trust For) The Heirs of Joseph Goyanko, Sr."

A bank deposit designated as "In Trust For" (ITF) a third party does not automatically create an express trust between the depositor and the bank, and the bank's obligation remains that of a debtor to its depositor-creditor under a simple loan contract.

Bernardo Alcaraz was employed as a laborer and Metro Aide I by the Metro Manila Development Authority (MMDA) in Makati City for nearly 29 years. Sometime in February 2004, he was diagnosed with Pulmonary Tuberculosis (PTB) and Community Acquired Pneumonia (CAP). He was confined at the Ospital ng Makati from May 13 to 19, 2004, with a diagnosis of Acute Diffuse Anterolateral Wall Myocardial Infarction, CAP High Risk, PTB III, and Diabetes Mellitus Type 2. On January 15, 2005, Bernardo was found dead at the basement of the MMDA building. An autopsy concluded that the cause of death was Myocardial Infarction, old and recent.

A cardiovascular disease is compensable under Presidential Decree No. 626 when the nature of the employee's work and the conditions under which they labored precipitated an acute exacerbation of the heart condition, even if non-occupational diseases like diabetes mellitus were concurrent complicating factors.

Petitioner Don Djowel Sales y Abalahin was apprehended on May 24, 2003, at the Manila Domestic Airport pre-departure area while preparing to board a flight to Kalibo, Aklan. During a routine frisking by a non-uniformed PNP personnel, a slightly bulging item was felt inside petitioner's right pocket. Petitioner initially refused to open his hands after taking the item out, prompting the frisker to call a supervisor. Upon instruction, petitioner revealed two rolled paper sticks containing dried marijuana fruiting tops, leading to his immediate arrest and investigation by airport security and PDEA personnel.

A warrantless search conducted on an airline passenger at an airport pre-departure area is valid pursuant to routine security procedures, even absent a prior metal detector alarm, provided the frisker develops reasonable suspicion based on feeling a bulging item and observing the passenger's nervous demeanor; and the non-presentation of every person who handled the seized drugs is not fatal to the prosecution's case as long as the chain of custody remains unbroken and the integrity and evidentiary value of the seized items are preserved.

National Power Corporation (Napocor) instituted expropriation proceedings to acquire an easement of right of way over parcels of land in Balanga City, Bataan, for its 230 KV Limay-Hermosa Transmission Lines Project. The subject property, owned by spouses Rodolfo Zabala and Lilia Baylon, consisted of 6,820 square meters. Napocor alleged that negotiations for the easement failed and that the land was classified as riceland devoted to palay cultivation. The spouses contested the taking, asserting that the property was being developed into a subdivision, that the transmission lines would endanger inhabitants and impede urban expansion, and that Napocor had not exhausted earnest efforts to purch…

Statutory provisions fixing the method or amount of just compensation, such as Section 3A of Republic Act No. 6395 limiting easement compensation to 10% of market value, are not binding on courts and serve merely as guidelines, where the determination of just compensation remains a judicial function that cannot be usurped by legislative or executive branches; furthermore, commissioners' valuation reports in eminent domain proceedings must be supported by documentary evidence (e.g., tax declarations, zonal valuations, sworn realtor declarations) to be admissible, as unsubstantiated reports constitute inadmissible hearsay.

Republic Act No. 8439, the Magna Carta for Scientists, Engineers, Researchers, and other Science and Technology Personnel in the Government, enacted on December 22, 1997, grants additional allowances and benefits to covered Department of Science and Technology personnel, including honorarium, hazard allowance, subsistence allowance, laundry allowance, and medical examination. Section 20 of the Act mandates that the amount necessary for its implementation shall be provided in the General Appropriations Act of the year following its enactment. Despite the absence of specific appropriations for these benefits in the GAAs for 1998-2001, the DOST released the benefits to its personnel from agenc…

Payment of statutory benefits from government savings without a specific item or provision in the General Appropriations Act and without proper authorization under Article VI, Section 25(5) of the Constitution constitutes an unconstitutional disbursement of public funds subject to disallowance by the Commission on Audit; however, recipients who accepted disallowed benefits in good faith, without knowledge of the legal infirmity and under an honest belief in their entitlement thereto, are not required to refund the amounts received.

Juanita Ermitaño owned a residential lot and house in Davao City which she leased to Lailanie Paglas in November 1999. Prior to the lease, Ermitaño had mortgaged the property to Charlie Yap, and the mortgage was foreclosed extrajudicially in February 2000 with Yap as purchaser. In June 2000, Paglas purchased the property from Yap, subject to Ermitaño's right of redemption. Ermitaño had earlier filed a suit to nullify the mortgage and foreclosure. When Paglas stopped paying rent and refused to vacate, Ermitaño filed an unlawful detainer case.

In an unlawful detainer case, a purchaser at a foreclosure sale acquires the right to possession only upon the expiration of the redemption period; during the redemption period, the mortgagor-lessor retains the right to possession and to receive rents unless the purchaser files a bond pursuant to Section 7 of Act No. 3135. The conclusive presumption of estoppel against tenants under Section 2(b), Rule 131 of the Rules of Court applies only to the landlord's title at the commencement of the tenancy, not to title acquired subsequently by the tenant.

In August 1981, Fausto C. Ignacio mortgaged two parcels of land in Cabuyao, Laguna covering 203,413 square meters to Home Savings Bank and Trust Company (predecessor of respondent Home Bankers Savings and Trust Company) to secure a ₱500,000.00 loan. Following default, the bank foreclosed the mortgage and emerged as highest bidder at the January 26, 1983 foreclosure sale for ₱764,984.67. The Certificate of Sale was registered on February 8, 1983, and upon expiration of the redemption period, title was consolidated in the bank's name and new TCTs were issued. Despite the lapse of the redemption period, Ignacio negotiated with the bank to repurchase the properties, claiming that a verbal compr…

A contract of sale is perfected only upon the meeting of the minds with absolute acceptance of the offer; a qualified acceptance that modifies the price or payment terms constitutes a counter-offer that requires acceptance by the offeror to perfect a contract, and in the case of a banking corporation, such acceptance must be made by the Board of Directors or by a corporate agent duly authorized by the board, not merely by verbal assent of individual officers or employees.

Respondent Edmundo L. Macarubbo was disbarred by the Supreme Court on February 27, 2004 for contracting bigamous marriages with complainant Florence Teves and Josephine Constantino while his first marriage to Helen Esparza was still subsisting, constituting gross immoral conduct in violation of the Code of Professional Responsibility. Eight years following the finality of his disbarment, he filed a Petition for Extraordinary Mercy seeking judicial clemency and reinstatement, supported by certifications from the Integrated Bar of the Philippines, local government officials, and community members attesting to his reformed character.

Reinstatement to the Roll of Attorneys after disbarment requires the petitioner to satisfy the five guidelines for judicial clemency: (1) proof of remorse and reformation; (2) sufficient time lapsed from the imposition of penalty; (3) age showing productive years ahead; (4) showing of promise and potential for public service; and (5) other relevant justifying circumstances. Additionally, the applicant must demonstrate good moral character equivalent to that required of new bar candidates.

Petitioner Mondragon Personal Sales, Inc., engaged in the sale of consumer products through sales representatives, contracted respondent Victoriano S. Sola, Jr. as a service contractor to provide bodega and office facilities in General Santos City. Prior to this arrangement, respondent's wife, Lina Sola, maintained a franchise distributorship with petitioner that generated an unpaid obligation. On January 26, 1995, respondent executed a letter addressed to petitioner's Vice-President for Finance acknowledging his wife's indebtedness of ₱1,973,154.73 and undertaking to pay the same on installment basis. Petitioner subsequently withheld respondent's service fees for February to April 1995, ap…

Legal compensation operates by operation of law to extinguish mutual obligations to the concurrent amount when both parties are reciprocally principal debtors and creditors of each other, provided the five requisites under Article 1279 of the Civil Code concur: (1) each obligor is bound principally and is at the same time a principal creditor of the other; (2) both debts consist in a sum of money or consumables of the same kind and quality; (3) both debts are due; (4) both are liquidated and demandable; and (5) neither debt is subject to retention or controversy commenced by third persons.

Lots X, Y-1, and Y-2 (totaling 52,678 square meters) located in Barrio Dadiangas, General Santos City, were originally alienable and disposable public land. In 1963, President Macapagal issued Proclamation No. 168 withdrawing these lots from sale or settlement and reserving them for recreational and health purposes (Magsaysay Park), subject to private rights. The Heirs of Cabalo Kusop, claiming their predecessor had possessed the lots since time immemorial, petitioned for exclusion from the reservation. In 1983, President Marcos issued Proclamation No. 2273 excluding Lots Y-1 and Y-2 from the reservation and declaring them open for disposition to qualified applicants (including the Heirs), …

Certificates of title issued covering inalienable and non-disposable public land, even in the hands of an alleged innocent purchaser for value, should be cancelled; furthermore, an application for miscellaneous sales patents constitutes an express acknowledgment that the land is public land owned by the State, which bars the applicant from subsequently claiming ownership through acquisitive prescription.

Special People, Inc. Foundation proposed a water-resource development and utilization project in Barangay Jimilia-an, Loboc, Bohol, involving the tapping, purifying, and distribution of water from the Loboc River. Seeking exemption from the Environmental Compliance Certificate (ECC) requirement under Presidential Decree No. 1586, the petitioner applied for a Certificate of Non-Coverage (CNC) with the Environmental Management Bureau (EMB) Region 7.

Mandamus will not lie to compel the issuance of a Certificate of Non-Coverage (CNC) because the determination of whether a project or area is environmentally critical involves the exercise of discretion by the EMB Director or Regional Director, and is not a purely ministerial duty.

Optima Realty Corporation, engaged in the business of leasing commercial spaces, entered into a Contract of Lease with Hertz Phil. Exclusive Cars, Inc. for a 131-square-meter office unit and a parking slot in the Optima Building. The lease period was amended to run from October 1, 2003 to February 28, 2006. During the lease term, Hertz accumulated arrears in rentals and utility bills. The contract required Hertz to give written notice of intent to renew at least 90 days prior to expiration, but Hertz failed to do so within the stipulated period.

A defendant who files a motion seeking affirmative relief, such as leave to file an answer with counterclaim, voluntarily submits to the court's jurisdiction and cures any defect in the service of summons, provided that the objection to jurisdiction is not raised explicitly and unequivocally as a special appearance distinct from the request for affirmative relief.

FQB+7, Inc. was incorporated in 1985 with Francisco Q. Bocobo, Fidel N. Aguirre, and others as directors and stockholders. Following the deaths of Francisco Q. Bocobo and Alfredo Torres, the Bocobo heirs (Nathaniel and Priscila) filed a General Information Sheet (GIS) in 2002 reflecting themselves as president and secretary/treasurer and listing a new board composition. In April 2004, Vitaliano N. Aguirre II discovered this GIS and questioned its validity, alleging that the Bocobos were usurping corporate powers. On September 27, 2004, Nathaniel Bocobo appointed Antonio De Villa as attorney-in-fact to administer the corporate farm in Quezon Province, leading to a confrontation with Fidel Ag…

Section 145 of the Corporation Code preserves the nature of intra-corporate disputes and the rights and remedies of corporate actors even after the dissolution of the corporation; consequently, the Regional Trial Court designated as a special commercial court retains jurisdiction over intra-corporate controversies notwithstanding the corporation's dissolution, provided the dispute does not seek to continue the corporate business but rather involves the settlement of corporate affairs such as the determination of the rightful board and vindication of stockholdings.

Sherwood Holdings Corporation, Inc. (SHCI) filed a complaint for sum of money against Absolute Management Corporation (AMC) for undelivered plywood and plyboards paid for via crossed Metrobank checks payable to AMC. AMC's General Manager, Jose L. Chua, received the checks in 1998 but died in 1999; his estate was undergoing judicial settlement in Pasay City. AMC denied receiving the proceeds and filed a third-party complaint against Metrobank, which had deposited the checks into the account of Ayala Lumber and Hardware, a sole proprietorship owned by Chua.

A fourth-party complaint against a decedent's estate asserting a contingent claim for reimbursement based on quasi-contract must be filed as a money claim in the special proceeding for the settlement of the estate under Section 5, Rule 86 of the Rules of Court, rather than as an impleader in an ordinary civil action under Section 11, Rule 6.

Pedro Buado, Jr. and his wife CCC lived with their 13 children in Marulas, Valenzuela City. The accused was charged with raping his daughters AAA (born February 13, 1989) and BBB (born October 11, 1990) in April and November 1999, respectively. AAA alleged that her father had sexually abused her multiple times since she was in Grade I, with the last incident occurring on April 13, 1999, when she was 10 years old. BBB alleged that she was raped on November 10, 1999, at age 9. The accused denied the charges, claiming that another son had raped BBB and that his wife had fabricated the charges due to marital discord and his refusal to engage in the drug trade.

In prosecutions for qualified rape under Article 266-B of the Revised Penal Code, both minority and relationship must be alleged and proved in accordance with the strict evidentiary guidelines established in People v. Pruna; the failure to present a certificate of live birth or other authentic documents to prove minority, where the victim is alleged to be below 12 years of age and the prosecution seeks to prove she is less than 18, bars the imposition of the death penalty. Furthermore, the prohibition of the death penalty under Republic Act No. 9346 applies retroactively to the benefit of the accused pursuant to Article 22 of the Revised Penal Code, reducing the penalty to reclusi…

Petitioners invested in the Legacy Group of Companies through a "buy back agreement" that generated check payments subsequently dishonored. After demands for return of investments went unheeded, they filed charges for syndicated estafa against Celso G. Delos Angeles, Jr. and associates in the Office of the City Prosecutor of Davao City on February 6, 2009.

The Secretary of Justice may consolidate preliminary investigations of related criminal cases to a special panel under his direct supervision as a valid exercise of administrative control and supervision over prosecutors, provided the consolidation promotes efficiency and does not result in vexatious, capricious, or oppressive delays, and classifications made therein bear a rational relationship to legitimate government ends.

Abundo was elected Mayor of Viga, Catanduanes for the term 2001-2004. In the May 2004 elections, he ran for reelection but was initially proclaimed the loser to Jose Torres, who assumed office on June 30, 2004. Abundo filed an election protest. On May 9, 2006, the RTC declared Abundo the winner; he assumed office the same day and served until June 30, 2007 (approximately one year and one month). He was subsequently elected for full terms in 2007 and 2010. Following his 2010 proclamation, private respondent Ernesto R. Vega filed a quo warranto petition before the RTC to unseat Abundo, alleging violation of the three-term limit rule under Section 8, Article X of the Constitution and Section 4…

Service of a term less than the full three years by a winning protestant in an election protest, who was not proclaimed initially and only assumed office after winning the protest, constitutes an involuntary interruption that breaks the continuity of service for purposes of the three-term limit rule, provided the official did not serve the full term from start to finish and was effectively a private citizen during the period the opponent held the office.

On March 2, 1991, respondents obtained a loan of P45,000.00 from petitioner payable in six months, secured by a Real Estate Mortgage over their 202-square meter property in Marulas, Valenzuela covered by Transfer Certificate of Title No. V-12296. When the debt became due, respondents failed to pay despite demand. On September 17, 1999, petitioner filed a Complaint before the Regional Trial Court of Valenzuela praying for payment of the principal amount with 12% per annum interest, damages, attorney's fees, and foreclosure of the mortgage.

A judgment that grants relief exceeding what was prayed for in the complaint and unsupported by evidence violates the defendant's right to due process and is void ab initio; such judgment may be annulled under Rule 47 of the Rules of Court upon a showing that the loss of ordinary remedies was attributable to the gross negligence of counsel, not the party's own neglect.

Petitioner Efren Pana and his wife Melecia were charged with murder. Melecia was convicted and sentenced to reclusion perpetua, while Efren was acquitted. The trial court ordered Melecia to pay civil indemnity, moral damages, temperate damages, and exemplary damages to the heirs of the victims. Upon motion for execution by the heirs, the trial court issued a writ of execution, resulting in the levy of real properties registered in the names of both Efren and Melecia.

The property regime of spouses married under the Civil Code without a prenuptial agreement remains conjugal partnership of gains and does not automatically convert to absolute community of property upon the effectivity of the Family Code, but the conjugal assets may still be levied to satisfy the criminal indemnities of one spouse after the responsibilities under Article 121 of the Family Code are covered, provided the offending spouse has no exclusive property.

RCBC Capital Corporation purchased 67% of Bankard, Inc. shares from Equitable-PCI Bank, Inc. (EPCIB) and individual shareholders under a Share Purchase Agreement (SPA). RCBC subsequently claimed overpayment due to overstated valuations and initiated arbitration with the International Chamber of Commerce-International Court of Arbitration (ICC-ICA). EPCIB refused to pay its equal share of the advance on costs, prompting RCBC to pay the balance to avert suspension of the proceedings. RCBC sought a partial award for reimbursement of EPCIB’s share and the withdrawal of EPCIB’s counterclaims.

An arbitral award may be vacated on the ground of evident partiality when a reasonable person would have to conclude that an arbitrator was partial to one party, such as when the arbitrator furnishes the parties with legal literature that supports one party's position and signals a preconceived course of action.

In August 2002, several members of the Philippine Navy stationed at the Naval Education and Training Command (NETC) in Zambales engaged in a drinking session that culminated at the "Aquarius" videoke bar. A misunderstanding occurred between SN1 Evelio Bacosa and appellant Arturo Punzalan, Jr. regarding a flickering light bulb, prompting the navy personnel to leave the establishment to avoid further trouble. While walking back to camp, the group was struck from behind by a maroon Nissan van driven by Punzalan, resulting in the deaths of SN1 Arnulfo Andal and SN1 Antonio Duclayna, and injuries to SN1 Danilo Cuya, SN1 Evelio Bacosa, and SN1 Erlinger Bundang, while SN1 Cesar Domingo narrowly es…

The justifying circumstance of avoidance of greater evil cannot be invoked where the alleged evil sought to be avoided does not actually exist and the accused fails to resort to other practical and less harmful means available to avoid the perceived injury.

Dante La. Jimenez, president of Unlad Shipping & Management Corporation, filed a complaint-affidavit for syndicated and large-scale illegal recruitment against Socrates Antzoulatos, Carmen Alamil, Marceli Gaza, and Markos Avgoustis, incorporators of Tsakos Maritime Services, Inc. (TMSI). The complaint alleged that the respondents falsely represented their stockholdings in TMSI’s articles of incorporation to secure a license from the Philippine Overseas Employment Agency. The City Prosecutor initially recommended filing the information, but later moved to withdraw it. The trial court denied the withdrawal, found probable cause, and issued warrants of arrest. After the presiding judge inhibit…

A private complainant lacks legal personality to assail the dismissal of a criminal case on behalf of the People of the Philippines when the relief sought pertains to the criminal aspect of the case, such as the existence of probable cause, rather than the protection of a pecuniary interest, as the right to prosecute belongs exclusively to the State represented by the Office of the Solicitor General.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 be…

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

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

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

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.