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Alauya vs. Limbona

22nd March 2011

ak081419
646 SCRA 1 , 661 Phil. 380 , A.M. No. SCC-98-4
Primary Holding
A sitting judge who files a certificate of candidacy for an elective office violates the constitutional prohibition against partisan political activity by civil servants, commits gross misconduct and dishonesty by continuing to perform judicial functions and receive salary thereafter, and is consequently deemed unfit to remain in the judiciary, warranting dismissal from service effective from the date of filing the CoC.
Background
The case arose from complaints lodged with the Office of the Court Administrator (OCA) against Judge Casan Ali Limbona of the 10th Shari'a Circuit Court, Tamparan, Lanao del Sur. The complaints alleged chronic absenteeism and, more significantly, that the judge had filed a certificate of candidacy as a party-list nominee for the Development Foundation of the Philippines (DFP) in the May 11, 1998 elections while remaining an active member of the judiciary and continuing to receive his judicial salary.
Constitutional Law I

Air Transportation Office vs. Ramos

23rd February 2011

ak801657
644 SCRA 36 , 659 Phil. 104 , G.R. No. 159402
Primary Holding
The ATO, as an agency engaged in proprietary functions, is not immune from suit and must compensate the Ramos spouses for the land used for the Loakan Airport.
Background
The Ramos spouses discovered that part of their land was being used by the ATO for the Loakan Airport. They agreed to sell the land to the ATO, but the ATO failed to pay. The Ramos spouses filed a lawsuit, and the lower courts ruled in their favor. The ATO appealed, invoking state immunity.
Philosophy of Law

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

15th February 2011

ak949647
643 SCRA 198 , 660 Phil. 271 , G.R. No. 193459
Primary Holding
Impeachment proceedings are “initiated” when a complaint is filed and referred to the House Committee on Justice, triggering the constitutional one-year bar against subsequent proceedings.
Background
Gutierrez faced two impeachment complaints filed 11 days apart in 2010. The House referred both to its Committee on Justice. Gutierrez argued this violated the constitutional prohibition against multiple proceedings within one year.
Statutory Construction

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

2nd February 2011

ak335523
641 SCRA 520 , 656 Phil. 537 , G.R. No. 186045
Primary Holding
Intervention under Rule 19 requires a legal interest that is actual, substantial, material, direct, and immediate in the matter being litigated; it is not proper when it seeks to inject an independent controversy, would unduly delay or prejudice the adjudication of the original parties' rights, or change the nature of the action, especially when the intervenor's rights can be fully protected in a separate proceeding.
Background
The dispute originated from the sale of two lots (Lots 986 and 991-A) owned by the late Estanislao Miñoza to the National Airports Corporation (NAC), MCIAA's predecessor, in the late 1940s/early 1950s for the Lahug Airport expansion project, which allegedly included an assurance that the original owners' heirs could repurchase the lots if they were no longer needed for that purpose. The airport expansion did not proceed, leading the purported heirs (represented by Leila Hermosisima) to seek reconveyance based on the alleged buy-back option over forty years later.
Civil Procedure I
Intervention

Bayan Muna vs. Romulo, et al.

1st February 2011

ak939314
641 SCRA 244 , 656 Phil. 246 , G.R. No. 159618
Primary Holding
An executive agreement, such as the RP-US Non-Surrender Agreement, entered into by the President pursuant to their foreign affairs powers, is valid and binding without Senate concurrence, and does not unconstitutionally derogate from the Philippines' obligations under international law, including those potentially arising from a signed but unratified treaty like the Rome Statute.
Background
The Rome Statute established the International Criminal Court (ICC) to prosecute individuals for genocide, crimes against humanity, war crimes, and crimes of aggression. The Philippines signed the Rome Statute on December 28, 2000, but had not ratified it at the time of the petition. The United States, not a signatory to the Rome Statute, proposed a Non-Surrender Agreement to the Philippines to protect its nationals from prosecution by international tribunals, which was accepted by the Philippines through an exchange of notes. This agreement became the subject of the legal challenge.
Constitutional Law I Philosophy of Law

Liban, et al. vs. Gordon

18th January 2011

ak626554
654 Phil. 680 , G.R. No. 175352
Primary Holding
The Philippine National Red Cross (PNRC) is a *sui generis* entity, not strictly a private corporation within the contemplation of the constitutional prohibition against the creation of private corporations by special law (Article XII, Section 16 of the 1987 Constitution). Therefore, Republic Act No. 95, as amended (the PNRC Charter), is valid and constitutional in its entirety. The Court should not rule on constitutional questions unless they are the very *lis mota* of the case and were raised by the parties.
Background
The original case involved a petition to declare Senator Richard J. Gordon as having forfeited his Senate seat for concurrently holding the office of Chairman of the PNRC Board of Governors, allegedly in violation of Section 13, Article VI of the 1987 Constitution. In its Decision dated July 15, 2009, the Supreme Court held that Gordon did not forfeit his seat because the office of PNRC Chairman is not a government office or an office in a government-owned or controlled corporation (GOCC). However, the same Decision declared void certain sections of the PNRC Charter (R.A. No. 95, as amended) for creating the PNRC as a private corporation through a special law and ruled that PNRC should incorporate under the Corporation Code if it wishes to be a private corporation.
Constitutional Law I

Heirs of Domingo Valientes v. Hon. Reinerio (Abraham) B. Ramas, et al.

15th December 2010

ak555963
653 Phil. 111 , G.R. No. 157852
Primary Holding
An action for reconveyance based on an implied or constructive trust, arising from property acquired through fraud (such as a forged deed leading to the issuance of a Torrens title), prescribes in ten (10) years from the date of the issuance of the certificate of title, if the plaintiff is not in possession of the property.
Background
The dispute originated from a parcel of land initially owned by Domingo Valientes under an Original Certificate of Title (OCT). In 1939, Valientes mortgaged the land to the spouses Belen. Later, the Belens allegedly used a forged "VENTA DEFINITIVA" to obtain a Transfer Certificate of Title (TCT No. T-5,427) in their names in 1969. Valientes' heirs attempted but failed to retrieve the property in the 1950s and filed an adverse claim in 1970. Upon the Belens' death, their heirs sold the property to respondent Vilma Minor, who currently possesses it. This led to conflicting legal actions initiated by both Minor (to cancel the adverse claim) and the Valientes heirs (to cancel the TCT and recover the property).
Civil Procedure I
Motion

Belongilot vs. Cua

24th November 2010

ak244573
636 SCRA 34 , G.R. No. 160933
Primary Holding
The Supreme Court held that the Ombudsman committed grave abuse of discretion by dismissing the complaint without properly assessing probable cause for violation of Section 3(e) of R.A. No. 3019, as the DARAB respondents' issuance of a TRO and injunction after the final and executed PARAD decision evidenced manifest partiality, evident bad faith, or gross inexcusable negligence, warranting the filing of criminal charges.
Background
The dispute arose from a long-standing agrarian reform case involving parcels of land in Bulacan owned by the petitioner's wife, which were forcibly occupied and converted into a fishpond by Juanito Constantino in 1979, leading to an ejectment suit under the Department of Agrarian Reform framework and subsequent procedural maneuvers that culminated in the petitioner's loss of possession despite a favorable final decision.
Civil Procedure II
Rule 45 vs Rule 65

Land Bank of the Philippines vs. Ong

24th November 2010

ak275684
636 SCRA 266 , G.R. No. 190755
Primary Holding
A bank that accepts a conditional payment from a third person for the assumption of a mortgage, and subsequently disapproves the application without notice while retaining the payment, is obligated to return the amount under the principle of unjust enrichment, as it has no legal ground to keep the money.
Background
On March 18, 1996, the Spouses Johnson and Evangeline Sy obtained a PhP 16 million loan from Land Bank, secured by three residential lots, five cargo trucks, and a warehouse. The loan agreement included an acceleration clause. When the Spouses Sy found themselves unable to service the loan, they sought to transfer their obligation.
Persons and Family Law
Article 19 and 22 of the Civil Code

Ivler vs. Hon. Judge Modesto-San Pedro, et al.

17th November 2010

ak093224
649 Phil. 478 , G.R. No. 172716
Primary Holding
A prior conviction for a quasi-offense under Article 365 of the Revised Penal Code, such as Reckless Imprudence Resulting in Slight Physical Injuries, bars a subsequent prosecution for another quasi-offense, like Reckless Imprudence Resulting in Homicide and Damage to Property, if both arise from the same act of reckless imprudence, because reckless imprudence is a single offense and prosecuting its multiple consequences separately violates the constitutional right against double jeopardy.
Background
The case arose from a vehicular collision in August 2004 involving petitioner Jason Ivler and the vehicle of respondent Evangeline Ponce and her husband, Nestor C. Ponce. This incident led to injuries to Evangeline Ponce, the death of Nestor C. Ponce, and damage to the Ponces' vehicle.
Criminal Law II
Reckless Imprudence

Espina vs. Zamora

21st September 2010

ak922354
631 SCRA 17 , 645 Phil. 269 , G.R. No. 143855
Primary Holding
The Retail Trade Liberalization Act of 2000 (R.A. 8762) is constitutional; the general principles in Article II of the Constitution regarding national economy are not self-executing, and Article XII grants Congress the discretion to determine which areas of investment may be opened to foreign participation, making R.A. 8762 a valid exercise of legislative power to regulate trade in the interest of public welfare.
Background
Prior to the enactment of R.A. 8762, Republic Act No. 1180 (Retail Trade Nationalization Act) absolutely prohibited foreign nationals from engaging in the retail trade business in the Philippines. R.A. 8762 was passed on March 7, 2000, expressly repealing R.A. 1180 and allowing foreign nationals to engage in the retail trade business under specified categories and conditions, thereby liberalizing this sector of the economy.
Constitutional Law I Constitutional Law II
Due Process

Pormento vs. Estrada

31st August 2010

ak528121
629 SCRA 530 , 643 Phil. 735 , G.R. No. 191988
Primary Holding
The Supreme Court dismissed the petition due to mootness, as there was no longer an actual case or controversy to resolve after Estrada lost the 2010 presidential election.
Background
The case centered on the interpretation of the constitutional provision prohibiting presidential reelection, specifically as it applied to former President Joseph Estrada's attempt to run for president again in 2010, having previously served as president from 1998.
Constitutional Law I

Philippine Rural Reconstruction Movement (PRRM) vs. Pulgar

5th July 2010

ak143711
637 Phil. 244 , G.R. No. 169227
Primary Holding
Before an employer bears the burden of proving that a dismissal was for a valid or authorized cause, the employee must first establish by substantial evidence the fact of dismissal from service; bare allegations of constructive dismissal, uncorroborated by evidence, cannot be given credence.
Background
Virgilio Pulgar was the manager of PRRM's Tayabas Bay Field Office (TBFO). Following his reassignment to PRRM's central office, an investigation was conducted into alleged financial anomalies at the TBFO. The investigation report indicated missing or improperly accounted funds and the submission of fictitious receipts. Pulgar was asked to explain these findings.
Constitutional Law I

Lokin, Jr. vs. Commission on Elections

22nd June 2010

ak434539
621 SCRA 385 , 635 Phil. 372 , G.R. Nos. 179431-32 , G.R. No. 180443
Primary Holding
The Supreme Court ruled that Section 13 of COMELEC Resolution No. 7804 was invalid to the extent it allowed a party to unilaterally change or substitute its nominees after submission of the list to the COMELEC. The statutory grounds for substitution under R.A. No. 7941 are exclusive.
Background
CIBAC submitted its list of nominees for the 2007 elections, which included Lokin as the second nominee. Subsequently, CIBAC's president filed an amended list replacing Lokin and others with new nominees. COMELEC relied on Section 13 of Resolution No. 7804 to approve this substitution. Lokin challenged the substitution and sought to be proclaimed as CIBAC's second nominee.
Statutory Construction

Commissioner of Internal Revenue vs. Kudos Metal Corporation

5th May 2010

ak209769
620 SCRA 232 , 634 Phil. 314 , G.R. No. 178087
Primary Holding
The government’s right to assess taxes prescribed because the waivers executed to extend the three-year assessment period were invalid due to procedural defects.
Background
The BIR issued deficiency tax assessments against Kudos Metal Corporation for 1998 on September 26, 2003, after conducting an audit prompted by suspected tax fraud. The corporation contested these assessments, arguing they were issued beyond the three-year prescriptive period under the Tax Code.
Statutory Construction

Vinuya, et al. vs. The Hon. Executive Secretary Romulo, et al

28th April 2010

ak304437
633 Phil. 538 , G.R. No. 162230
Primary Holding
The Executive Department has the exclusive prerogative under domestic law to determine whether to espouse its nationals' claims against a foreign government, this being a political question involving foreign relations not subject to judicial review via certiorari, absent grave abuse of discretion. Furthermore, under contemporary international law, there is no binding obligation on the Philippines to espouse the petitioners' claims for reparations against Japan, as diplomatic protection is a sovereign right of the State, not a duty owed to its nationals.
Background
During World War II, the Japanese Imperial Army established a system of "comfort women," forcibly recruiting and enslaving women from occupied territories, including the Philippines, for sexual servitude in military brothels. Petitioners are survivors of this system who have endured immense physical, psychological, and emotional suffering. Since 1998, they have sought assistance from the Philippine government to pursue their claims against Japan, but the Executive Department declined, citing the 1951 San Francisco Peace Treaty and the 1956 Reparations Agreement between the Philippines and Japan as having settled all war-related claims.
Constitutional Law I

Fuentes vs. Roca

21st April 2010

ak735315
633 Phil. 9 , G.R. No. 178902
Primary Holding
A sale of conjugal property made after the effectivity of the Family Code, without the written consent of the other spouse, is void, and the action to declare its inexistence does not prescribe; the heirs of the non-consenting spouse can bring such action.
Background
Sabina Tarroza sold a 358-square meter lot to her son, Tarciano T. Roca, in 1982. Tarciano did not immediately transfer the title to his name. In 1988, Tarciano, who was estranged from his wife Rosario Gabriel Roca, offered to sell this lot to petitioners Manuel and Leticia Fuentes. The property was conjugal, acquired during Tarciano and Rosario's marriage in 1950.
Obligations and Contracts

Ang Ladlad LGBT Party vs. COMELEC

8th April 2010

ak675246
618 SCRA 32 , 632 Phil. 32 , G.R. No. 190582
Primary Holding
The COMELEC cannot disqualify a party-list applicant based on religious or moral grounds lacking a clear secular justification, as doing so violates the non-establishment clause, the equal protection clause, and the rights to freedom of expression and association; moral disapproval alone is not a legitimate state interest sufficient to justify infringing upon these fundamental rights.
Background
The case arose from the COMELEC's refusal to accredit Ang Ladlad, an organization representing the lesbian, gay, bisexual, and transgender (LGBT) community, as a party-list organization eligible to participate in the Philippine legislative elections under Republic Act No. 7941 (Party-List System Act).
Constitutional Law II Philosophy of Law
Equal Protection

Sen. Aquino III, et al. vs. COMELEC, et al.

7th April 2010

ak469049
631 Phil. 595 , G.R. No. 189793
Primary Holding
The 250,000 minimum population requirement for the creation of a legislative district, as stated in Article VI, Section 5(3) of the 1987 Constitution ("Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative."), applies specifically to cities to be entitled to an initial representative, and does not apply as an indispensable minimum population for the creation or reapportionment of legislative districts within a province.
Background
The 250,000 minimum population requirement for the creation of a legislative district, as stated in Article VI, Section 5(3) of the 1987 Constitution ("Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative."), applies specifically to cities to be entitled to an initial representative, and does not apply as an indispensable minimum population for the creation or reapportionment of legislative districts within a province.
Constitutional Law I

Reyes-Mesugas vs. Reyes

22nd March 2010

ak071678
616 SCRA 345 , 630 Phil. 334 , G.R. No. 174835
Primary Holding
A notice of lis pendens annotated in connection with an estate settlement proceeding should be cancelled when the proceeding has terminated by virtue of a judicially approved compromise agreement, and the basis for its continued annotation is an alleged extraneous agreement that falls outside the limited jurisdiction of the probate court.
Background
Petitioner Anita Reyes-Mesugas and respondent Alejandro A. Reyes are siblings and heirs of Lourdes Aquino Reyes, who died intestate leaving several properties, including a lot covered by TCT No. 24475. Respondent initiated proceedings for the settlement of Lourdes' estate, which eventually led to a compromise agreement partitioning the estate among the heirs.
Civil Procedure I

Aldaba, et al. vs. COMELEC

15th March 2010

ak307550
629 Phil. 537 , G.R. No. 188078
Primary Holding
The Court held that the determination of compliance with constitutional requirements for creating legislative districts, including the authoritativeness and reliability of population indicators, is a justiciable question subject to judicial review, and that population certifications for such purposes must adhere to standards ensuring reliability, such as those outlined in Executive Order No. 135.
Background
Republic Act No. 9591 was enacted, creating a legislative district for the City of Malolos. This law was challenged, leading to a Supreme Court Decision on January 25, 2010, which presumably found the law unconstitutional. The respondent, COMELEC, filed a motion for reconsideration of this decision, arguing primarily that Congress's reliance on certain population data was a non-justiciable political question.
Constitutional Law I

Quinto, et al. vs. Commission on Elections

22nd February 2010

ak860874
627 Phil. 193 , G.R. No. 189698
Primary Holding
The second proviso in the third paragraph of Section 13 of Republic Act No. 9369, Section 66 of the Omnibus Election Code, and Section 4(a) of COMELEC Resolution No. 8678, which provide that an appointive official is deemed ipso facto resigned from office upon the filing of a certificate of candidacy, are not unconstitutional and do not violate the equal protection clause or suffer from overbreadth.
Background
The case arose from legal provisions requiring appointive public officials to be considered automatically resigned from their posts upon filing a certificate of candidacy for an elective office. These "resign-to-run" provisions were challenged by petitioners, leading to an initial Supreme Court decision declaring them unconstitutional. This prompted motions for reconsideration from the COMELEC and various intervenors, arguing for the validity of these provisions based on distinctions between elective and appointive officials and the need to maintain a non-partisan civil service.
Constitutional Law I

Funa vs. Exec. Sec. Ermita, et al.

11th February 2010

ak819913
626 Phil. 218 , G.R. No. 184740
Primary Holding
The designation of a Department Undersecretary (a deputy of a Cabinet Member) to concurrently serve as Officer-in-Charge of an attached agency, such as MARINA, is unconstitutional for violating Section 13, Article VII of the 1987 Constitution, which imposes a stricter prohibition against holding multiple offices on the President, Vice-President, Members of the Cabinet, and their deputies or assistants, allowing exceptions only when expressly provided in the Constitution itself.
Background
The case arose from the President's designation of respondent Maria Elena H. Bautista, then DOTC Undersecretary for Maritime Transport, as Officer-in-Charge (OIC) of the Maritime Industry Authority (MARINA) on September 1, 2008, following the resignation of the MARINA Administrator. This designation was made in a concurrent capacity with her existing role as DOTC Undersecretary.
Constitutional Law I

Intestate Estate of Manolita Gonzales Vda. De Carungcong vs. People, et al.

11th February 2010

ak055613
612 SCRA 272 , 626 Phil. 177 , G.R. No. 181409
Primary Holding
The Court reversed lower court rulings, holding that while affinity survives death, William Sato was not exempt from criminal liability for the complex crime of estafa through falsification.
Background
Mediatrix Carungcong, administratrix of her mother Manolita’s estate, accused her brother-in-law William Sato of estafa for fraudulently inducing Manolita (blind and elderly) to sign a falsified Special Power of Attorney (SPA) to sell her properties. Lower courts dismissed the case based on Article 332’s exemption for relatives by affinity.
Statutory Construction

Soriano vs. People

1st February 2010

ak193031
625 Phil. 33 , G.R. No. 162336
Primary Holding
A bank officer violates the DOSRI law (Section 83 of RA 337) when he acquires bank funds for his personal benefit, even if such acquisition was facilitated by a fraudulent loan application using a third party's name; such fraudulent acquisition does not negate the "indirect borrowing" and can concurrently constitute the crime of estafa through falsification of commercial documents, as the officer holds the funds in a fiduciary capacity and misappropriates them.
Background
The Office of Special Investigation (OSI) of the Bangko Sentral ng Pilipinas (BSP) transmitted a letter with five affidavits to the Department of Justice (DOJ), alleging that Hilario P. Soriano, then president of the Rural Bank of San Miguel (Bulacan), Inc. (RBSM), orchestrated a fraudulent P8 million loan. The loan appeared in the name of spouses Enrico and Amalia Carlos, who denied applying for or receiving it. It was alleged that Soriano ordered, facilitated, and received the loan proceeds without board authorization or proper reporting, using an unsuspecting depositor's name.
Criminal Law II
Estafa

Sps. Tongson vs. Emergency Pawnshop Bula, Inc., et al.

15th January 2010

ak781820
624 Phil. 146 , G.R. No. 167874
Primary Holding
Fraud committed during the consummation stage of a contract of sale, such as the issuance of a worthless check for payment, does not constitute causal fraud (dolo causante) that vitiates consent and annuls the contract; rather, it is incidental fraud (dolo incidente) and a substantial breach of the buyer's obligation to pay, which entitles the seller to rescind the contract under Article 1191 of the Civil Code.
Background
The dispute arose from an agreement for the sale of a 364-square meter parcel of land in Davao City by the Spouses Tongson to Danilo R. Napala for P3,000,000. The transaction involved the execution of a Deed of Absolute Sale indicating a lower consideration, a partial cash payment, and a postdated check for the substantial balance, which was subsequently dishonored.
Obligations and Contracts

Yuchengco vs. Manila Chronicle Publishing Corporation

25th November 2009

ak525473
605 SCRA 684 , G.R. No. 184315
Primary Holding
When actual malice (malice in fact) is proven, the defense that libelous articles are qualifiedly privileged communications becomes futile, as such a defense merely negates the legal presumption of malice (malice in law) but does not overcome proven actual malice.
Background
The case arose from a business rivalry between petitioner Alfonso T. Yuchengco and respondent Roberto Coyiuto, Jr., particularly concerning their competing interests for control over Oriental Petroleum Mineral Corporation. In the months leading up to a crucial stockholders' meeting for Oriental, a series of articles critical of Yuchengco were published in The Manila Chronicle, a newspaper owned and controlled by Coyiuto. These articles formed the basis of Yuchengco's civil complaint for damages due to libel.
Persons and Family Law
Article 33, Civil Code

Office of the Solicitor General vs. Ayala Land

18th September 2009

ak679178
600 SCRA 617 , 616 Phil. 587 , G.R. No. 177056
Primary Holding
Shopping mall operators cannot be legally compelled to provide free parking spaces to their patrons and the general public under the National Building Code and its Implementing Rules and Regulations.
Background
The case arose from a Senate investigation into the legality of shopping malls charging parking fees. The Senate Committees concluded that charging parking fees was contrary to the National Building Code and recommended the Office of the Solicitor General (OSG) to enjoin the practice. Subsequently, the OSG filed a petition seeking to prohibit mall operators from collecting parking fees, arguing that the National Building Code impliedly mandates free parking.
Constitutional Law II

Pundaodaya vs. Commission on Elections, et al.

17th September 2009

ak663988
616 Phil. 167 , G.R. No. 179313
Primary Holding
To successfully effect a change of domicile for election purposes, a candidate must demonstrate by clear and positive proof: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and (3) definite acts which correspond with that purpose. Mere registration as a voter or voting in a few elections in a locality is not conclusive proof of domicile.
Background
The case arose from the May 14, 2007 Synchronized National and Local Elections. Arsenio Densing Noble filed a Certificate of Candidacy for municipal mayor of Kinoguitan, Misamis Oriental, claiming 15 years of residency. Makil U. Pundaodaya, whose wife Judith Pundaodaya was also a mayoral candidate, filed a petition to disqualify Noble, alleging he lacked the residency qualification as he was actually a resident of Lapasan, Cagayan de Oro City.
Constitutional Law I

Pobre vs. Defensor-Santiago

25th August 2009

ak600796
597 SCRA 1 , A.C. No. 7399
Primary Holding
Statements made by a Senator during a Senate speech, even if offensive and violative of a lawyer's ethical duties towards the courts, are covered by parliamentary immunity under Article VI, Section 11 of the Constitution and cannot be the basis for disciplinary action by the Court, although such immunity is intended for the benefit of the legislative institution and the people, not for personal attacks.
Background
The case arose following Senator Miriam Defensor-Santiago's privilege speech on the Senate floor where she expressed extreme frustration and used insulting language directed at the Supreme Court and its members, particularly then Chief Justice Artemio Panganiban, after the Judicial and Bar Council (JBC) effectively excluded non-incumbent justices, like herself, from nomination for the position of Chief Justice.
Constitutional Law I

Jacinto vs. People

13th July 2009

ak482641
610 Phil. 100 , G.R. No. 162540
Primary Holding
The taking of a worthless check, even with intent to gain and grave abuse of confidence, constitutes an impossible crime under Article 4, paragraph 2, in relation to Article 59 of the Revised Penal Code, because the inherent lack of value in the check at the time of taking makes the consummation of theft factually impossible.
Background
The case originated from an employer-employee relationship where the petitioner, a collector for Mega Foam International Inc., was entrusted with receiving payments from customers. The dispute arose when a check payment collected by the petitioner was not remitted to the company but was instead deposited into an account linked to her family and was subsequently dishonored, leading to accusations of theft with grave abuse of confidence.
Criminal Law II
Impossible Crime

Dreamwork Construction, Inc. vs. Janiola

30th June 2009

ak886351
G.R. No. 184861 , 591 SCRA 466
Primary Holding
For a prejudicial question to exist, Section 7, Rule 111 of the 2000 Rules on Criminal Procedure explicitly requires that the civil action be "previously instituted" before the "subsequent criminal action"; additionally, the resolution of a civil case for rescission of contract is not determinative of guilt in a criminal case for violation of BP 22, as the gravamen of the latter offense is the mere act of issuing a worthless check.
Background
The legal dispute originated from a construction agreement between petitioner Dreamwork Construction, Inc. and private respondent Cleofe S. Janiola. In connection with this agreement, Janiola issued several checks to Dreamwork. When these checks were dishonored, Dreamwork initiated criminal proceedings against Janiola for violation of the Bouncing Checks Law (BP 22). Subsequently, Janiola filed a separate civil action seeking to rescind the construction agreement, which then became the basis for her motion to suspend the ongoing criminal case.
Persons and Family Law
Article 36 of the Civil Code

Matthews vs. Taylor

22nd June 2009

ak576607
590 SCRA 394 , 608 Phil. 193 , G.R. No. 164584
Primary Holding
The Agreement of Lease between Joselyn Taylor and Philip Matthews is valid because Benjamin Taylor, the alien husband, has no legal right to nullify the lease on property exclusively owned by his Filipino wife. Aliens are constitutionally prohibited from owning land in the Philippines, thus Benjamin's claim of ownership or need for consent is without legal basis.
Background
Benjamin Taylor, a British citizen, and Joselyn Taylor, a Filipina, were married. Joselyn purchased a property in Boracay using funds allegedly provided by Benjamin and developed it into a resort. Later, without Benjamin's express consent, Joselyn leased the property to Philip Matthews. Benjamin filed a case to nullify the lease agreement arguing it was void without his consent as the property was community property and his funds were used for its acquisition.
Property and Land Law

Lazatin vs. Desierto

5th June 2009

ak190398
588 SCRA 285 , G.R. No. 147097
Primary Holding
The Ombudsman possesses prosecutorial powers and exercises supervision and control over the Office of the Special Prosecutor (OSP) as constitutionally sanctioned by Congress through Republic Act No. 6770; consequently, the Ombudsman has the authority to approve, disapprove, or overturn any resolution issued by the OSP.
Background
The case originated from a complaint-affidavit filed by the Fact-Finding and Intelligence Bureau of the Office of the Ombudsman against then Congressman Carmelo F. Lazatin and his co-petitioners. The complaint alleged irregularities in the use of Lazatin's Countrywide Development Fund (CDF) for 1996, where he was accused of being both the proponent and implementer of projects, signing disbursement vouchers, and receiving checks as claimant, effectively converting public funds into cash.
Persons and Family Law
Civil Code, Article 8

In Re: Petition for Adoption of Michelle P. Lim, et al.

21st May 2009

ak982276
588 SCRA 98 , 606 Phil. 82 , G.R. Nos. 168992-93
Primary Holding
Married individuals must adopt jointly under RA 8552; exceptions do not apply here, so the petitions were correctly dismissed.
Background
Monina and her late husband Primo Lim raised three abandoned children (including Michelle and Michael) as their own, simulating their births. After Primo’s death, Monina remarried an American citizen, Angel Olario. She later sought to legitimize the children’s status through adoption under RA 8552’s amnesty provision for simulated births.
Statutory Construction

Soriano vs. Laguardia

29th April 2009

ak448960
587 SCRA 79 , 605 Phil. 43 , G.R. No. 164785
Primary Holding
The Movie and Television Review and Classification Board (MTRCB) has the authority, derived from PD 1986, to regulate television program content, including the power to impose preventive suspension and subsequent administrative sanctions like program suspension, when such content is deemed obscene or indecent, especially considering the pervasive nature of television and its accessibility to children; such regulation, when balanced against the State's compelling interest in protecting the youth, does not unconstitutionally abridge freedom of speech.
Background
Petitioner Eliseo F. Soriano, as host of the television program "Ang Dating Daan" aired on UNTV 37, made remarks on August 10, 2004, which included profane and offensive language directed at Michael M. Sandoval, a minister of Iglesia ni Cristo and host of a rival TV program. These utterances prompted complaints filed with the MTRCB by members of the Iglesia ni Cristo, leading to the challenged regulatory actions by the MTRCB.
Constitutional Law I

Barangay Association for National Advancement and Transparency (BANAT) vs. COMELEC

21st April 2009

ak772249
604 Phil. 131 , G.R. No. 179271
Primary Holding
The two percent threshold prescribed in Section 11(b) of R.A. No. 7941 is unconstitutional for the purpose of distributing *additional* party-list seats, as it makes it mathematically impossible to achieve the maximum number of available party-list seats and frustrates the constitutional mandate for proportional representation. A new four-step procedure for allocating party-list seats was established: (1) Rank parties from highest to lowest votes; (2) Parties receiving at least 2% of total votes get one guaranteed seat; (3) Additional seats are distributed proportionally based on total votes until all available seats are filled, disregarding fractional seats; (4) Each party is limited to a maximum of three seats.
Background
The case arose from the May 14, 2007 national elections, specifically concerning the allocation of seats for party-list representatives in the House of Representatives. The COMELEC, acting as the National Board of Canvassers (NBC), applied the formula established in _Veterans Federation Party v. COMELEC_ (the "Panganiban formula" or "Veterans formula") to determine the winners and allocate seats. This application led to dissatisfaction among several party-list groups who believed the formula was unconstitutional and did not allow for the full 20% allocation of seats for party-list representatives as mandated by the Constitution.
Constitutional Law I

Manubay, et al. vs. Sec. Garilao

16th April 2009

ak319606
603 Phil. 135 , G.R. No. 140717
Primary Holding
An application for land conversion can be validly denied if the subject property has already been placed under the coverage of the Comprehensive Agrarian Reform Program (CARP) prior to the application, and a party aggrieved by a DAR Secretary's decision must first exhaust available administrative remedies, such as an appeal to the Office of the President as provided by DAR rules, before resorting to a petition for certiorari in court, unless grave abuse of discretion is clearly shown and no other plain, speedy, and adequate remedy exists.
Background
The case revolves around a 124-hectare parcel of land in Barrio Cadlan, Pili, Camarines Sur, owned by the petitioners. In 1994, this property was placed under the coverage of the Comprehensive Agrarian Reform Program (CARP) by the Municipal Agrarian Reform Officer (MARO). Subsequently, the petitioners applied for the conversion of this land from agricultural to residential/commercial use, which was denied by the DAR, leading to this legal dispute.
Constitutional Law I

Deutsche Gesellschaft Für Technische Zusammenarbeit vs. Court of Appeals

16th April 2009

ak268315
585 SCRA 150 , 603 Phil. 150 , G.R. No. 152318
Primary Holding
An entity claiming state immunity from suit, especially one described as a private company organized under foreign law even if state-owned, bears the burden of proving its entitlement to such immunity; failure to adduce evidence of its legal status under its parent country's law consenting to or restricting suit, or to secure an endorsement from the Department of Foreign Affairs, can lead to the denial of the claim for immunity.
Background
The case arose from a technical cooperation agreement between the Federal Republic of Germany and the Republic of the Philippines, initiated in 1971 and extended by subsequent arrangements. One such arrangement in 1999 concerned a project called Social Health Insurance--Networking and Empowerment (SHINE), designed to improve health care for Philippine families. The German government designated GTZ as its implementing agency for its contributions to the SHINE project, while the Philippines designated the Department of Health (DOH) and Philippine Health Insurance Corporation (Philhealth).
Constitutional Law I
State Immunity

Dr. Señeres vs. Commission on Elections, et al.

16th April 2009

ak746986
603 Phil. 552 , G.R. No. 178678
Primary Holding
The House of Representatives Electoral Tribunal (HRET) has sole and exclusive jurisdiction over contests relating to the election, returns, and qualifications of members of the House of Representatives once they have been proclaimed, taken their oath, and assumed office; thus, a petition for certiorari before the Supreme Court is an improper remedy to question the qualifications or authority of those who nominated such members.
Background
The case arose from an intra-party leadership dispute within Buhay Hayaan Yumabong (Buhay), a registered party-list organization, concerning who had the authority to nominate its representatives for the May 2007 party-list elections. This dispute occurred against the backdrop of Buhay's previous participation in the 2001 and 2004 elections with Melquiades Robles as its recognized president, and the upcoming 2007 elections where two conflicting Certificates of Nomination were filed with the COMELEC.
Constitutional Law I

Divinagracia vs. Consolidated Broadcasting System, Inc., et al

7th April 2009

ak738845
602 Phil. 625 , G.R. No. 162272
Primary Holding
The National Telecommunications Commission (NTC) does not have the power to cancel Certificates of Public Convenience (CPCs) or other operating licenses it has issued to broadcast stations based on the ground that the franchisees have violated the terms of their legislative franchises; such cancellation would effectively be a revocation of the legislative franchise itself, a power not delegated to the NTC, and the proper remedy for such violations is a quo warranto proceeding.
Background
The regulation of broadcast media in the Philippines involves a dual requirement: a legislative franchise granted by Congress and a license to operate (such as a CPC) issued by the National Telecommunications Commission (NTC). This system traces back to Act No. 3846 (Radio Control Act of 1931). The case arises from a dispute concerning the alleged failure of broadcast franchisees to comply with a provision in their legislative franchises mandating the public offering of a portion of their common stocks, leading to a complaint filed with the NTC seeking cancellation of their operating licenses.
Constitutional Law I

Geologistic, Inc. vs. Gateway Electronics Corporation

25th March 2009

ak146267
582 SCRA 434 , G.R. Nos. 174256-57
Primary Holding
The Supreme Court ruled that the RTC lacked sufficient justification for ordering execution pending appeal, considering the unresolved issues of liability and the absence of compelling "good reasons."
Background
Geologistics, Inc. sought to recover unpaid fees from Gateway Electronics Corporation for freight forwarding services, amounting to ₱4,769,954.32 plus interest and damages. The RTC ruled in favor of Geologistics, and the petitioner moved for execution pending appeal. Gateway Electronics and its surety, First Lepanto-Taisho Insurance Corp., filed separate petitions to annul the execution orders, which the Court of Appeals granted.
Statutory Construction

Ngo Te vs. Yu-Te

13th February 2009

ak804453
579 SCRA 193 , G.R. No. 161793
Primary Holding
A marriage is void under Article 36 of the Family Code when expert psychological testimony and the totality of evidence establish that one or both parties suffer from a grave, severe, and incurable personality disorder that renders them truly incapable of assuming the essential obligations of marriage. The strict guidelines established in _Republic v. Molina_ should not be applied as a rigid "strait-jacket" but must be interpreted with a view towards the law's intent for a case-by-case analysis, where the findings of the trial court and the opinion of psychological experts are given decisive weight.
Background
The case arose from the brief and volatile relationship between petitioner Edward Kenneth Ngo Te and respondent Rowena Ong Gutierrez Yu-Te, who were college students when they met in 1996. Their relationship, founded on shared angst towards their families, quickly escalated into an elopement initiated by Rowena. This was followed by a forced marriage under threatening circumstances orchestrated by Rowena's uncle. The marriage lasted only a few months before the couple parted ways, leading Edward to seek a declaration of nullity nearly four years later on the grounds of psychological incapacity.
Persons and Family Law
Article 36 of the Family Code

Spouses Dela Paz (Ret.) vs. Senate Committee on Foreign Relations, et al.

13th February 2009

ak971434
598 Phil. 981 , G.R. No. 184849
Primary Holding
The Supreme Court held that each House of Congress has full discretionary authority to determine its rules of proceedings, and the exercise of this power is generally exempt from judicial supervision, except on a clear showing of arbitrary and improvident use constituting a denial of due process; the Senate Committee on Foreign Relations acted within its jurisdiction in investigating the "Moscow incident" due to its potential impact on foreign relations and international obligations.
Background
The case arose from the "Moscow incident" where Gen. Eliseo Dela Paz, then PNP comptroller and part of a Philippine delegation to an INTERPOL conference in Russia, was apprehended at the Moscow airport on October 11, 2008, for failing to declare 105,000 euros found in his luggage, with an additional 45,000 euros in his possession. This led to his detention and the confiscation of the money by Russian authorities, prompting a legislative inquiry by the Philippine Senate.
Constitutional Law I

Ruby Shelter Builders and Realty Development Corporation vs. Formaran III

10th February 2009

ak620041
578 SCRA 283 , 598 Phil. 105 , G.R. No. 175914
Primary Holding
An action, although ostensibly for the annulment of deeds of sale, is considered a real action if its ultimate objective is the recovery of title to or possession of real property, and the docket fees must be computed based on the fair market value of the property as stated in Section 7(a) of Rule 141 of the Rules of Court, as amended.
Background
Petitioner Ruby Shelter Builders and Realty Development Corporation obtained a loan of P95,700,620.00 from respondents Romeo Y. Tan and Roberto L. Obiedo, secured by real estate mortgages over five parcels of land. Upon petitioner's inability to pay, a Memorandum of Agreement (MOA) was executed, granting an extension and providing for the execution of Deeds of Absolute Sale by way of *dacion en pago* for the mortgaged properties if the debt remained unpaid by December 31, 2005. The MOA also included redemption prices for the properties.
Civil Procedure I

Rufloe vs. Burgos

30th January 2009

ak442785
577 SCRA 264 , 597 Phil. 261 , G.R. No. 143573
Primary Holding
The respondents, including the Burgos siblings and Leonarda Burgos, were not innocent purchasers for value. Consequently, they did not acquire a valid title to the property despite relying on Transfer Certificates of Title derived from a forged Deed of Sale. The original title of the Rufloe spouses was reinstated.
Background
The case stems from a property originally owned by the Rufloe spouses. A Deed of Sale was forged, purportedly signed by the Rufloes, transferring the property to Elvira Delos Reyes. Delos Reyes then sold the property to the Burgos siblings, who later sold it to their aunt, Leonarda Burgos. The Rufloes filed a case to nullify these transactions, claiming forgery and asserting their continued ownership.
Property and Land Law

White Light Corporation vs City of Manila

20th January 2009

ak433804
576 SCRA 416 , 596 Phil. 444 , G.R. No. 122846
Primary Holding
Manila City Ordinance No. 7774, which prohibits short-time admission and wash-up rates in hotels and motels, is unconstitutional as it violates the due process clause of the Constitution.
Background
The City of Manila enacted an ordinance seeking to regulate public morals by prohibiting short-time rates in establishments often associated with illicit activities. Several businesses challenged the ordinance, arguing it infringed upon their rights and the rights of their customers. The case highlights the tension between government's power to regulate for public welfare and individual rights to liberty and privacy.
Constitutional Law II
Police Power

Laurel vs. Judge Abrogar

13th January 2009

ak193690
596 Phil. 45 , G.R. No. 155076
Primary Holding
The business of providing telecommunication and the telephone service itself are personal properties capable of appropriation and can be the subject of theft under Article 308 of the Revised Penal Code; the act of International Simple Resale (ISR), which involves unauthorized routing of international calls using a telecommunication company's facilities, constitutes unlawful taking (subtraction) of such business and service.
Background
The case arose from allegations that the petitioner, Luis Marcos P. Laurel, along with others, engaged in International Simple Resale (ISR). ISR is a method of routing and completing international long distance calls using a telecommunication company's lines, cables, antennae, and/or air wave frequency, connecting directly to local or domestic exchange facilities, thereby bypassing the official international gateway of the telecommunication company and depriving it of revenue.
Criminal Law II

Garcillano vs. The House of Representatives Committees on Public Information, et al.

23rd December 2008

ak185298
595 Phil. 775 , G.R. No. 170338 , G.R. No. 179275
Primary Holding
The Senate or its committees may conduct inquiries in aid of legislation only in accordance with duly published rules of procedure; publication of such rules is mandatory for each Congress and failure to do so renders any such inquiry procedurally infirm and unconstitutional.
Background
The "Hello Garci" tapes, allegedly containing a wiretapped conversation between then-President Gloria Macapagal-Arroyo and COMELEC Commissioner Virgilio Garcillano discussing the manipulation of the 2004 presidential election results, surfaced and caused a major political controversy. Both Houses of Congress initiated separate legislative inquiries into the matter, leading to the petitions filed in this case.
Constitutional Law I Constitutional Law II Persons and Family Law
Civil Code, Article 2

Bagabuyo vs. COMELEC

8th December 2008

ak041705
593 Phil. 678 , G.R. No. 176970
Primary Holding
Legislative reapportionment, which involves the creation or realignment of legislative districts for purposes of representation in the legislature, is fundamentally different from the creation, division, merger, abolition, or substantial alteration of boundaries of a local government unit, and thus does not require the conduct of a plebiscite for its validity.
Background
On October 10, 2006, then Congressman Constantino G. Jaraula of Cagayan de Oro City filed House Bill No. 5859, "An Act Providing for the Apportionment of the Lone Legislative District of the City of Cagayan De Oro." This bill was subsequently enacted into Republic Act No. 9371, which increased the city's legislative districts from one to two. The law mandated that for the May 2007 elections, voters in Cagayan de Oro would be classified as belonging to either the first or second legislative district based on their residence, with each district electing its own representative to Congress and eight members to the Sangguniang Panglungsod.
Constitutional Law I