LABOR LAW lawyer’s act of having an illicit affair with his client’s

Third Division wife manifested his disrespect for the laws on the
Constructive Dismissal sanctity of marriage and his own marital vow of
fidelity.
G.R. No. 191053. November 28, 2011.*
MARIO B. DIMAGAN, petitioner, vs. REMEDIAL LAW
DACWORKS UNITED, INCORPORATED Third Division
and/or DEAN A. CANCINO, respondents. Judgments

An officer who was relegated from his employment G.R. No. 192813. January 18, 2012.*
and thereafter dismissed constitutes constructive VASHDEO GAGOOMAL, petitioner, vs.
dismissal. When a reasonable person in the SPOUSES RAMON AND NATIVIDAD
employee’s position would have felt compelled to VILLACORTA, respondents.
give up his position under the circumstances. It is
an act amounting to dismissal but is made to appear The writ of possession was issued and executed in
as if it were not. It is therefore a dismissal in favor of petitioner under the foregoing provision.
disguise.
However, a punctilious review of the records will
show that its grant and enforcement against the
ADMINISTRATIVE LAW subject property, over which the third parties claim
En Banc an adverse interest, are devoid of legal basis. It is a
Court Personnel basic principle of law that money judgments are
enforceable only against property incontrovertibly
A.M. No. P-11-3011. November 29, 2011.* belonging to the judgment debtor, and if property
(Formerly OCA I.P.I. No. 09-3143-P) belonging to any third person is mistakenly levied
EVELINA C. BANAAG, complainant, vs. upon to answer for another man’s indebtedness,
OLIVIA C. ESPELETA, Interpreter III, such person has all the right to challenge the levy
Branch 82, Regional Trial Court, Quezon through any of the remedies provided for under the
City, respondent. Rules of Court. However, “a person other than the
judgment debtor who claims ownership or right
A court personnel was convicted of Gross Immoral over the levied properties is not precluded from
Conduct under Administrative Code of 1987 as taking other legal remedies to prosecute his claim”.
proven by substantial evidence for engaging in an
illicit and immoral relationship with the husband of
another and thereby violating the basic norm of REMEDIAL LAW
decency, morality and decorum abhorred and Third Division
condemned by the society. Demurrer to Evidence

G.R. No. 173008. February 22, 2012.*

NENITA GONZALES, SPOUSES
ADMINISTRATIVE LAW GENEROSA GONZALES AND RODOLFO
Third Division FERRER, SPOUSES FELIPE GONZALES
Disbarment AND CAROLINA SANTIAGO, SPOUSES
LOLITA GONZALES AND
A.C. No. 4428. December 12, 2011.* GERMOGENES GARLITOS, SPOUSES
ELPIDIO P. TIONG, complainant, vs. DOLORES GONZALES AND FRANCISCO
ATTY. GEORGE M. FLORENDO, COSTIN, SPOUSES CONCHITA
respondent. GONZALES AND JONATHAN CLAVE,
AND SPOUSES BEATRIZ GONZALES
AND ROMY CORTES, REPRESENTED
A pardon by the offended party of the act
BY THEIR ATTORNEY-IN-FACT AND
complained of does not operate to offset the
CO-PETITIONER NENITA GONZALES,
ground for disbarment or suspension. Hence, a
petitioners, vs. MARIANO BUGAAY AND
 LUCY BUGAAY, SPOUSES ALICIA
BUGAAY AND FELIPE BARCELONA,
CONEY “CONIE” BUGAAY, JOEY Considering Judge Masamayor’s previous record,
GATAN, LYDIA BUGAAY, SPOUSES she is indeed disqualified from being further
LUZVIMINDA BUGAAY AND REY nominated for appointment to any judicial post,
PAGATPATAN AND BELEN BUGAAY, Nevertheless, petitioner has subsequently shown
respondents. diligence in the performance of her duties and has
not committed any similar act or omission.
Accordingly the court granted her judicial
Respondents demurred to petitioners’ evidence clemency for her past administrative offenses.
after the RTC promulgated its Decision. While
respondents’ motion for reconsideration and/or
new trial was granted, it was for the sole purpose of CIVIL LAW
receiving and offering for admission the Third Division
documents not presented at the trial. Hence, the Exemplary Damages
demurrer to evidence was clearly no longer an
available remedy to respondents and should not G.R. No. 191703. March 12, 2012.*
have been granted as respondents never complied CRESENCIO BAÑO AND HEIRS OF THE
with the directive but instead filed a demurrer to DECEASED AMANCIO ASUMBRADO,
evidence, their motion should be deemed NAMELY: ROSALINDA ASUMBRADO,
abandoned. VICENTE ASUMBRADO, ROEL
ASUMBRADO, ANNALYN ASUMBRADO,
ARNIEL ASUMBRADO, ALFIE
REMEDIAL LAW ASUMBRADO and RUBELYN
En Banc ASUMBRADO, petitioners, vs. BACHELOR
Motions EXPRESS, INC./CERES LINER, INC. and
WENIFREDO SALVAÑA, respondents.
G.R. No. 192984. February 28, 2012.* Baño vs. Bachelor Express, Inc., 667 SCRA
ROLANDO D. LAYUG, petitioner, vs. 782, G.R. No. 191703 March 12, 2012
COMMISSION ON ELECTIONS,
MARIANO VELARDE (alias “BROTHER Having established the negligence of its employee,
MIKE”) and BUHAY PARTY-LIST, the presumption of fault or negligence on the part
respondents. of Respondent Bachelor Express arose which it
failed to rebut by evidence that it exercised due
Neither does the HRET have jurisdiction over the diligence. Respondents are liable for exemplary
qualifications of Buhay Party-List, as it is vested by damages in favor of petitioners to serve as a
law, specifically, the Party-List System Act, upon warning to the public and as a deterrent against the
the COMELEC. Section 6 of said Act states that repetition of similar deleterious actions.
“the COMELEC may motu proprio or upon
verified complaint of any interested party, remove LEGAL ETHICS
or cancel, after due notice and hearing, the Third Division
registration of any national, regional or sectoral Practice of Law
party, organization or coalition xxx.”
A.C. No. 6903. April 16, 2012.*
ADMINISTRATIVE LAW SUZETTE DEL MUNDO, complainant, vs.
En Banc ATTY. ARNEL C. CAPISTRANO,
Judicial Clemency respondent. Del Mundo vs. Capistrano, 669
SCRA 462, A.C. No. 6903 April 16, 2012
A.M. No. 12-2-6-SC. March 6, 2012.*
RE: PETITION FOR JUDICIAL Atty. Arnel C. Capistrano, having clearly violated
CLEMENCY OF JUDGE IRMA ZITA V. the Code of Professional Responsibility for failure
MASAMAYOR
to exercise that degree of vigilance and attention consummated the crime of rape cannot be charged
expected of a good father of a family makes the with statutory rape under RPC, but under RA 7610
lawyer unworthy of the trust reposed on him by his (Anti-Violence Against Women and Their Children
client and makes him answerable not just to his Act of 2004), because the victim was 13-year old at
client but also to the legal profession, the courts the time that the crime was committed.
and society.
CIVIL LAW
Third Division
ADMINISTRATIVE LAW Antichresis
Third Division Bangis vs. Heirs of Serafin and Salud Adolfo
Gross Inefficiency 672 SCRA 468, G.R. No. 190875, June 13, 2012

A.M. No. 06-9-525-RTC. June 13, 2012.* A mortgaged parcel of land which was not deduced
into writing cannot be claimed as a contract of
RE: REPORT ON THE JUDICIAL AUDIT antichresis because in the contract of antichresis,
CONDUCTED IN THE REGIONAL the amount of the principal and of the interest shall
TRIAL COURT, BRANCHES 72 AND 22, be specified in writing; otherwise the contract of
NARVACAN, ILOCOS SUR. antichresis shall be void.

A judge who failed to show based on records that

CIVIL LAW
he sought for an extension to decide and resolve
Third Division case
the cases pending before him constitutes gross
Agency
inefficiency, warranting the imposition of a fine
Ace Navigation Co., Inc. vs. FGU Insurance
which the court finds reasonable under the
Corporation
circumstances.
674 SCRA 348, G.R. No. 171591, June 25, 2012

The agent, who has the obligation of informing the

other party of the vessel’s arrival in Manila, cannot
POLITICAL LAW be held personally liable for the damages of several
Third Division bags of cement in bad order and condition, unless
Agrarian Law he expressly binds himself or exceeds the limits of
his authority without giving such party sufficient
Land Bank of the Philippines vs. Montinola- notice of his powers.
Escarilla and Co., Inc.,
672 SCRA 261, G.R. No. 178046, June 13, 2012 CONSTITUTIONAL LAW
The just compensation of a parcel of agricultural En Banc
land expropriated by the government shall be Right to Counsel
determined by its fair market value equivalent to
the character and price at the time of taking. Philcomsat Holdings Corporation vs. Senate
of the Republic of the Philippines
673 SCRA 611, G.R. No. 180308, June 19, 2012

Locsin and Andal who were invited as resource

CRIMINAL LAW
persons in an inquiry in aid of legislation cannot
Third Division case
validly invoke their right to counsel, for the right to
Rape
be assisted by counsel can only be invoked by a
People vs. Matias
person under custodial investigation suspected for
672 SCRA 411, G.R. No. 186469, June 13, 2012 the commission of a crime, and not in public
hearings.
The accused who raped a thirteen (13) year old girl
by forcing her to lie on a bamboo bed and
Constitutional Law Ogawa vs. Menigishi
En Banc
Local Government Units 676 SCRA 14, G.R. No. 193089, July 9, 2012
Pimentel, Jr. vs. Ochoa Respondent failed to prove that petitioner is
676 SCRA 551, G.R. No. 195770, July 17, 2012 indebted to her by preponderance of evidence
through a receipt containing the signature of both
The allotment of 21 Billion pesos to Conditional parties where it cannot be ascertained who between
Cash Transfer (CCP) cannot be considered as an the two signatories is the obligor and obligee.
encroachment into the local autonomy of the
LGUs for under the Philippine concept of local
autonomy, the national government has not
completely relinquished all its powers over local
governments, hence it is not precluded from taking REMEDIAL LAW
a direct hand in the formulation and Third Division case
implementation of national development Civil Procedure
programs. Soller vs. Heirs of Jeremias Ulayao
677 SCRA 124, G.R. No. 175552, July 18, 2012
CONSTITUTIONAL LAW
En Banc case When a party raises a defense of acquisitive
Due Process prescription which inevitably involves the issue of
actual, physical and material possession, which is
Pichay, Jr. vs. Office of the Deputy Executive always a question of fact, a full-blown trial is
Secretary for Legal Affairs-Investigative and necessary and the court cannot render a Summary
Adjudicatory Division Judgment for it is only proper when, upon motion
677 SCRA 408, G.R. No. 196425, July 24, 2012 of the plaintiff or the defendant, the court finds that
the answer filed by the defendant does not tender a
Petitioner’s right to due process was not violated genuine issue as to any material fact and that one
when he was ordered to submit his written party is entitled to a judgment as a matter of law.
explanation under oath with respect to the
administrative disciplinary case filed against him. In
administrative proceedings, having the opportunity POLITICAL LAW
to explain one’s side constitute the minimum En Banc case
requirement of due process. Administrative Law

Pichay, Jr. vs. Office of the Deputy Executive

CONSTITUTIONAL LAW Secretary for Legal Affairs-Investigative and
Third Division Adjudicatory Division
Witnesses 677 SCRA 408, G.R. No. 196425, July 24, 2012
Go vs. People
The act of the President in abolishing an office and
677 SCRA 213, G.R. No. 185527, July 18, 2012 transferring its function to another office under
The Court cannot allow the taking of the him is valid because the Administrative Code of
deposition of the complaining witness in Laos, 1987 (E.O. 292), vests in the President the
Cambodia because conditional examination of a continuing authority to reorganize the offices under
prosecution witness cannot defeat the rights of the him in order to achieve simplicity, economy and
accused to public trial and confrontation of efficiency.
witnesses.
POLITICAL LAW
REMEDIAL LAW En Banc case
Third Division Administrative Law
Evidence
Pichay, Jr. vs. Office of the Deputy Executive ENGR. GILBERT TUMBOKON, vs. ATTY.
Secretary for Legal Affairs-Investigative and MARIANO R. PEFIANCO
Adjudicatory Division 678 SCRA 60, A.C. No. 6116, AUGUST 01,
677 SCRA 408, G.R. No. 196425, July 24, 2012 2012
The practice of law is considered a privilege, the act
When the Investigative and Adjudicatory Division, of Atty. Pefianco of offering to share his attorney's
Office of the Deputy Executive Secretary for Legal fees to someone who isn't even licensed to practice
Affairs (IAD-ODESLA) took cognizance of the law is a blatant violation of the values and norms
administrative case filed against petitioner, it did embodied in such practice.
not encroach upon the Ombudsman’s primary
jurisdiction. The primary jurisdiction of the The betrayal of marital vow of fidelity or sexual
Ombudsman to investigate and prosecute cases relations outside marriage is considered disgraceful
refers to criminal cases cognizable by the and immoral and call for a sanction of suspension,
Sandiganbayan and not to administrative cases. or in some instances, disbarment, in the practice of
law.

REMEDIAL LAW
Third Division
Execution of Judgments LEGAL ETHICS
Third Division
ARTURO DELA CRUZ, SR., vs. MARTIN Duty of an Attorney
and FLORA FANKHAUSER
677 SCRA 744, G.R. No. 196990, JULY 30, 2012 EMILIA O. DHALIWAL, vs. ATTY.
Although the Revised Rules of Court states that no ABELARDO B. DUMAGUING
appeal maybe taken from an order of execution, 678 SCRA 68, A.C. No. 9390 AUGUST 01, 2012
when Fanhauser varied the terms of the judgment When delivery of title and damages becomes
and did not conform to the essence of said premature due to the counsel's withdrawal of funds
judgment such action allowed Dela Cruz to appeal and he fails to return the same upon demand, it is
said order as it now became an exception to the presumed that he appropriated the same for his
rules laid down in law. own use in violation of the trust reposed in him by
his client.

POLITICAL LAW
En Banc REMEDIAL LAW
Abandonment of Office Third Division
Garnishment
CIVIL SERVICE COMMISSION, vs. DR. BANK OF THE PHILIPPINE ISLANDS, vs.
AGNES OUIDA P. YU CARLITO LEE
678 SCRA 39, G.R. No. 189041, JULY 31, 2012 678 SCRA 171, G.R. No.190144 AUGUST 01,
Even if Dr. Castillo was not accepted by Gov. 2012
Salapuddin, his refusal did not prevent her Accounts of Trendline with Citytrust were
devolution together with her position as it took garnished while a merger between Citytrust and
effect by operation of law and her lack of action to BPI followed shortly after. BPI need not be
question such refusal is not tantamount to impleaded as a party for the court to lawfully bind
abandonment of office. it since service of the writ of garnishment would
suffice for the court's jurisdiction to attach.

LEGAL ETHICS
Third Division
Disbarment
 Office of the Deputy Executive Secretary for
Legal Affairs, ATTY. RONALDO A.
LABOR LAW GERON, DIR. ROWENA TURINGAN-
Third Division SANCHEZ, and ATTY. CARLITO D.
Collective Bargaining Agreement CATAYONG
679 SCRA 614, G.R. No. 196231,
ANGELITO CASTRO, RAYMUNDO SEPTEMBER 04, 2012
SAURA and RAMONITO FANUNCION, vs. Petitioners cannot insist that they should be solely
PHILIPPINE LONG DISTANCE and directly subject to the disciplinary authority of
TELEPHONE COMPANY and MANUEL the Ombudsman when such power is also
V. PANGILINAN conferred to the President under the Ombudsman
678 SCRA 730, G.R. No. 191792, AUGUST 22, Act of 1989 proving that such authority to remove
2012 a Deputy Ombudsman or a Special Prosecutor is
The concerned employees where already not exclusively lodged on the incumbent
considered dismissed upon the effectivity of the Ombudsman.
new collective bargaining agreement even if such
termination was being challenged on an appeal at
such time, the benefits of the new CBA cannot TAXATION LAW
extend to them as they are neither employees nor Second Division
members of the collective bargaining unit. Taxation involving Cooperatives

CITY OF IRIGA, vs. CAMARINES SUR III

REMEDIAL LAW ELECTRIC COOPERATIVE, INC.
Third Division (CASURECO III)
Appeals 680 SCRA 236, G.R. No. 192945,
SEPTEMBER 05, 2012
GLOBAL RESOURCE FOR Upon expiration of the provisional registration of
OUTSOURCED WORKERS (GROW), INC. the cooperative with the Cooperative Development
and MS RETAIL KSC/MS RETAIL Authority which granted it exemption for the
CENTRAL MARKETING CO. and MR. payment of local taxes, it can no longer claim
EUSEBIO H. TANCO, vs. ABRAHAM C. exemption after.
VELASCO AND NANETTE T. VELASCO
678 SCRA 751, G.R. No. 196883, AUGUST 22,
2012 REMEDIAL LAW
Depriving respondents of overtime pay when it is Second Division
rightly due to them just because they did not appeal Execution of Judgment
for its relief is tantamount to impairment of
substantive rights. JOSE VICENTE ATILANO II, HEIRS OF
CARLOS V. TAN represented by Conrad K.
Tan, Carlos K. Tan, Camilo Karl K. Tan,
Carisa Rosenda T. Go, NELIDA F.
CONSTITUTIONAL LAW ATILANO and ISIDRA K. TAN, vs. HON.
En Banc JUDGE TIBING A. ASAALI, Presiding Judge
Power to Remove of the Regional Trial Court of Zamboanga
City and ATLANTIC MERCHANDISING,
EMILIO A. GONZALES III, vs. OFFICE OF INC.,
THE PRESIDENT OF THE 680 SCRA 345, G.R. No.
PHILIPPINES, acting through and 174982, SEPTEMBER 10, 2012
represented by EXECUTIVE SECRETARY Petitioners who had unpaid stock subscriptions to
PAQUITO N. OCHOA, JR., SENIOR ZACI, as its incorporators and stockholders were
DEPUTY EXECUTIVE SECRETARY JOSE total strangers to the civil case between ZACI and
AMOR M. AMORANDO, Officer in Charge, respondent, and to order them to settle an
obligation which they persistently denied would be AURELIA GUA-AN and SONIA GUA-AN
tantamount to deprivation of their property MAMON, petitioners, vs. GERTRUDES
without due process. QUIRINO, represented by ELMER
QUIRINO, respondent. Gua-an vs. Quirino,
CIVIL LAW 685 SCRA 236, G.R. No. 198770 November 12,
Second Division 2012
Wills
G.R. No. 189984. November 12, 2012.* Despite the prohibition, farmer-beneficiaries who
engaged in transactions involving thetheir
IN THE MATTER OF THE PETITION ownership, rights, and/or possession of their
FOR THE PROBATE OF THE LAST WILL farms/home lots to other persons or have
AND TESTAMENT OF ENRIQUE S. surrendered the same to their former landowners
LOPEZ, RICHARD B. LOPEZ, petitioner, are therefore null and void. P.D. 27 specifically
vs. DIANA JEANNE LOPEZ, MARYBETH prohibited any transfer of such landholding except
DE LEON and VICTORIA L. TUAZON, to the government or by hereditary succession.
respondents.
The probate of the will cannot be allowed if there
is a failure to comply with the required statement in POLITICAL LAW
the attestation clause as to the number of pages En Banc
used upon which the will is written. While the Writ of Amparo
acknowledgment portion stated that the will G.R. No. 189689. November 13, 2012.*
consists of 7 pages including the page on which the IN THE MATTER OF THE PETITION
ratification and acknowledgment are written, the FOR THE ISSUANCE OF A WRIT OF
RTC observed that it has 8 pages including the AMPARO IN FAVOR OF LILIBETH O.
acknowledgment portion. As such, it disallowed the LADAGA:
will for not having been executed and attested in
accordance with law.
LILIBETH O. LADAGA, petitioner, vs. MAJ.
LABOR LAW GEN. REYNALDO MAPAGU,
Second Division COMMANDING GENERAL OF THE
Permanent or temporary total disability PHILIPPINE ARMY’S 10TH INFANTRY
DIVISION (ID); COL. LYSANDER
SUERTE, CHIEF OF STAFF, 10TH ID, LT.
G.R. No. 195168. November 12, 2012.* COL. KURT A. DECAPIA, CHIEF, 10TH
BENJAMIN C. MILLAN, petitioner, vs. ID, PUBLIC AFFAIRS OFFICE; COL.
WALLEM MARITIME, SERVICES, INC., OSCAR LACTAO, HEAD-TASK FORCE-
REGINALDO A. OBEN and/or WALLEM DAVAO; SR. SUPT. RAMON
SHIPMANAGEMENT,1 LTD., respondents. APOLINARIO, DAVAO CITY POLICE
OFFICE DIRECTOR; AND SEVERAL
A seafarer's inability to resume his work after the OTHER JOHN DOES, respondents.
lapse of more than 120 days from the time he
suffered an injury and/or illness is not a magic A writ of Amparo may not be issued based on a
wand that automatically warrants the grant of total mere inclusion of one’s name in the OB List,
and permanent disability benefits in his favor. without more, does not suffice to discharge the
burden to establish actual threat to one’s right to
life, liberty and security by substantial evidence.
POLITICAL LAW CIVIL LAW
Second Division Second Division
Agrarian Reform Fraud
G.R. No. 198770. November 12, 2012.* G.R. No. 183774. November 14, 2012.*
PHILIPPINE BANKING CORPORATION, POLITICAL LAW
petitioner, vs. ARTURO DY, BERNARDO En Banc
DY, JOSE DELGADO and CIPRIANA Judicial Clemency
DELGADO, respondent.
A.M. No. RTJ-96-1336. November 20, 2012.*
Sps. Delgado are estopped from denying the JOCELYN C. TALENS-DABON,
validity of the mortgage constituted over the two complainant, vs. JUDGE HERMIN E.
lots since they participated in inducing Philbank to ARCEO, REGIONAL TRIAL COURT,
grant a loan to the Dys. Asimulated deed of sale is BRANCH 43, SAN FERNANDO,
null and void and therefore, does not convey any PAMPANGA, respondent.
right that could ripen into a valid title, it has been RE: PETITION FOR JUDICIAL
equally ruled that, for reasons of public policy, the CLEMENCY OF THEN JUDGE HERMIN
subsequent nullification of title to a property is not E. ARCEO.
a ground to annul the contractual right which may
have been derived by a purchaser, mortgagee or The court lifted the penalty of disqualification
other transferee who acted in good faith. imposed against the responding judge found guilty
of immorality after he showed his sincere
repentance and taking into account his
REMEDIAL LAW contributions during his tenure in the judiciary.
Second Division
Motion to Dismiss
REMEDIAL LAW
G.R. No. 192951. November 14, 2012.* En Banc
Moot and Academic
ALDERSGATE COLLEGE, INC., G.R. No. 200238. November 20, 2012.*
ARSENIO L. MENDOZA, IGNACIO A.
GALINDEZ, WILSON E. SAGADRACA, and PHILIPPINE SAVINGS BANK (PSBANK)
FILIPINAS MENZEN, petitioners, vs. and PASCUAL M. GARCIA III, as
JUNIFEN F. GAUUAN, ARTEMIO M. representative of Philippine Savings Bank and
VILLALUZ, SR., TERESITA ARREOLA, in his personal capacity, petitioners, vs.
FORTUNATA ANDAYA, SALVADOR C. SENATE IMPEACHMENT COURT,
AQUINO, ROBERTO M. TUGAWIN and consisting of the senators of the Republic of
JOSE O. RUPAC, respondents, and the Philippines acting as Senator Judges,
ALDERSGATE COLLEGE, INC., DR. namely: JUAN PONCE ENRILE, JINGGOY
WILLIE A. DAMASCO, REV. ELMER V. EJERCITO ESTRADA, VICENTE C.
LUNA, JEMZ R. LUDAN, SAMUEL V. SOTTO III, ALAN PETER S. CAYETANO,
FULGENCIO, REV. ISMAEL A. EDGARDO J. ANGARA, JOKER P.
DAMASCO, VICENTE V. RAMEL, ARROYO, PIA S. CAYETANO, FRANKLIN
SALVADOR C. AQUINO, CAMILO V. M. DRILON, FRANCIS G. ESCUDERO,
GALLARDO, NORMALITA C. ORDONEZ, TEOFISTO GUINGONA III, GREGORIO
and ARSENIO L. SOLIMEN, respondents- B. HONASAN II, PANFILO M. LACSON,
intervenors. MANUEL M. LAPID, LOREN B.
LEGARDA, FERDINAND R. MARCOS, JR.,
There is no justification for the dismissal of the case SERGIO R. OSMEÑA III, FRANCIS
based on the mere issuance of a board resolution “KIKO” PANGILINAN, AQUILINO
by the incumbent members of the Board of PIMENTEL III, RALPH G. RECTO,
Trustees of petitioner-corporation recommending RAMON REVILLA, JR., ANTONIO F.
its dismissal, especially considering the various TRILLANES IV, MANNY VILLAR; and
issues raised by the parties before the court a quo. THE HONORABLE MEMBERS OF THE
Hence, the RTC should not have entertained, let PROSECUTION PANEL OF THE HOUSE
alone have granted the subject motion to dismiss. OF REPRESENTATIVES, respondents.
Petition for Certiorari and Prohibition seeking to registrable trademark device, subject to the
nullity and set aside the Resolution of respondent provisions of the IP Code.
Senate of the Republic of the Philippines cannot be
given due course. With the termination of the
impeachment proceedings against former Chief POLITICAL LAW
Justice Corona, PSBank is no longer faced with the Second Division Case
dilemma of either violating Republic Act No. 6426 Agrarian Law
or being held in contempt of court for refusing to Sutton vs. Lim
disclose the details of the subject foreign currency 686 SCRA 745, G.R. No. 191660, December 03,
deposits. 2012

LABOR LAW The controversy between the parties involving the

Second Division cancellation of Certification of Land Ownership
Dismissal Award is within the jurisdiction of Office of the
DAR Secretary and not with the Department of
G.R. No. 170029. November 21, 2012.* Agrarian Reform Adjudication Board due to the
absence of agrarian dispute between the parties.
SAMEER OVERSEAS PLACEMENT
AGENCY, INC. and RIZALINA LAMSON,
petitioners, vs. MARICEL N. BAJARO, CONSTITUTIONAL LAW
PAMELA P. MORILLA, DAISY L. Second Division
MAGDAONG, LEAH J. TABUJARA, LEA Acquisition of Lands
M. CANCINO, MICHIEL D. MELIANG, Beumer vs. Amores
RAQUEL SUMIGCAY, ROSE R. SARIA, 686 SCRA 770, G.R. No. 195670, December 03,
LEONA L. ANGULO and MELODY B. 2012
INGAL, respondents.
Respondent’s illegal dismissal complaint with A foreigner who was well aware of the
money claims is anchored on the overseas constitutional prohibition for aliens to acquire
employment contracts with petitioners and the lands in the Philippines cannot invoke equity to
allegations that they were dismissed without just, support his claim for reimbursement for money
valid, or authorized cause. With these allegations, spent on purchase of Philippine land, on the
Sec.10 clearly applies. As petitioners failed to ground that his conduct is inequitable, unfair and
establish valid retrenchment, respondent were dishonest, or fraudulent or deceitful, because he
clearly dismissed without just, valid, or authorized who has done inequity shall not be accorded equity.
cause.
MERCANTILE LAW
Second Division
MERCANTILE LAW Corporate Agents
Second Division Crisologo vs. People
Trademarks 686 SCRA 782, G.R. No. 199481, December 03,
G.R. No. 192294. November 21, 2012.* 2012
GREAT WHITE SHARK ENTERPRISES,
INC., petitioner, vs. DANILO M. CARALDE, The President, who on behalf of the corporation
JR., respondent. incurred debt to the bank cannot be held personally
The visual dissimilarities between the two (2) marks liable since debts incurred by directors, officers,
are evident and significant, negating the possibility and employees acting as corporate agents are not
of confusion in the minds of the ordinary their direct liability but of the corporation they
purchaser, especially considering the distinct aural represent, except if they contractually
difference between the marks. Thus, a generic agree/stipulate or assume to be personally liable for
figure, as that of a shark in this case, if employed the corporation’s debts.
and designed in a distinctive manner, can be a REMEDIAL LAW
Second Division
Burden Of Proof
Crisologo vs. People The Clerk of Court’s repeated and unjustifiable
686 SCRA 782, G.R. No. 199481, December 03, failure to issue alias writs of execution despite
2012 directives from the RTC, notwithstanding his
The alleged excessive interests and purported primary responsibility of speedy and efficient
overpayment exacted by the bank against the service of all court processes and writs, warrants the
corporation cannot be refunded, because the imposition of administrative sanction.
petitioner failed to submit evidence to support his
claim. The burden rests on the debtor to prove POLITICAL LAW
payment rather than on the creditor to prove En Banc
nonpayment. Administrative Law

CIVIL LAW Re: Complaint of Leonardo A. Velasco againts

Second Division Case Associate Justices Francisco H. Villaruz, Jr.,
Negligence Alex L. Quiroz and Samuel R. Martires of the
Sandiganbayan
Sps. Mamaril vs. The Boy Scout of the 688 SCRA 498, A.M. OCA I.P.I. No. 10-25-SB-
Philippines, 688 SCRA 437, G.R. No. 179382., J., January 15, 2013
January 14, 2013
The Sandiganbayan Justices shall immediately
The liability for the negligent act of the security execute the judgment of conviction of the accused
guards in allowing an unidentified person to drive in the absence of any restraining order from the
out the lost vehicle of Sps. Mamaril, which is the court, and unduly delaying such execution may be
proximate cause of the loss, attaches to AIB, the a ground for an administrative charge against them.
employer agency, and not to its client, BSP.

CIVIL LAW
Second Division POLITICAL LAW
Contracts En Banc
Administrative Law
Mamaril vs. The Boy Scout of the Philippines,
688 SCRA 437, G.R. No. 179382., January 14, Re: Verified Complaint of AMA Land, Inc.
2013 Against Hon. Danton Q. Bueser, Hon.
Sesinando E. Villon and Hon. Ricardo R.
The contract between the parties is one of a lease Rosario, Associate Justice of the Court of
because of the petitioner’s act of parking six (6) Appeals
jeepneys inside the BSP compound at a fixed 688 SCRA 507, A.M. OCA I.P.I. No. 12-202-
amount. BSP shall not be liable for the loss of the CA-J, January 15, 2013
vehicles of petitioner within its compound since the
lessor is not obliged to answer for a mere act of The petitioner cannot resort to administrative
trespass which a third person may cause on the use remedies against the concerned Justices of the
of the thing leased. Court of Appeals pending the petition for review
filed by him before the court because exhaustion of
judicial remedies and the final ruling on the matter
POLITICAL LAW are pre-requites in taking appropriate
administrative remedies against the Justices
Second Division concerned.
Administrative Law
CRIMINAL LAW
Ong vs. Basiya-Saratan Second Division
688 SCRA 1, A.M. No. P-12-3090, January 07, RA 9262
2013
Dabalos vs. Regional Trial Court, Branch 59, Gontang vs. Alayan
Angeles City (Pampanga) 688 SCRA 659, G.R. No. 191691, January 16,
688 SCRA 64, G.R. No. 193960, January 07, 2013
2013
The mayor, sued in his official capacity may engage
Petitioner who had previous dating relationship the services of a private counsel because the
with the complainant shall be charged with complaint contains a prayer for damages wherein
violation of RA 9262 (Anti-Violence Against personal liability may attach to him.
Women and Their Children Act of 2004) for using
personal violence on the latter although at the time
of the alleged incident, he was no longer in a dating ADMINISTRATIVE LAW
relationship with the complainant, because it is not En Banc
indispensable that the act of violence be a Public Officials
consequence of such relationship. VELASCO VS. COMMISSION ON AUDIT
681 SCRA 102, G.R. No. 189774,
REMEDIAL LAW SEPTEMBER 18, 2012
Second Division
Amendment The blatant failure of the petitioners to abide by the
Dabalos vs. Regional Trial Court, Branch 59, orders laid down in AO 161 which rationalize the
Angeles City (Pampanga) grant of productivity incentive benefits under a
688 SCRA 64, G.R. No. 193960, January 07, uniform set of rules amounts to gross negligence
2013 making them liable for the refund of the said
benefits they received.
Before the arraignment of the accused petitioner,
the Information filed against him can be amended
for the Rules of Court provides that an information POLITICAL LAW
may be amended, in form or in substance, without Second Division
leave of court, at any time before the accused enters Administrative Law
his plea.
DIONISIO P. PILOT, vs. RENATO B.
BARON, SHERIFF IV, REGIONAL TRIAL
REMEDIAL LAW COURT, BRANCH 264, PASIG CITY
Second Division
Contempt 681 SCRA 481, A.M. No. P-12-3087,
Rivulet Agro-Industrial Corporation vs. SEPTEMBER 24, 2012
Paruñgao,
Sheriffs as ministerial officers are expected to
688 SCRA 485, G.R. No. 197507, January 14,
faithfully perform what is incumbent upon him
2013
even in the absence of instruction and respondent
violated such duty when he failed to observe the
The act of the respondents in installing farmer-
proper procedure in collecting execution expenses
beneficiaries cannot be a basis to be cited for
and conducting an execution sale.
contempt of court because it is not contrary to or
prohibited by the order of the court considering
that they were not among the government officials
enjoined by the TRO and the subject act was not LABOR LAW
included in the acts enjoined. Second Division
Termination of Employment

THE NEW PHILIPPINE SKYLANDERS,

POLITICAL LAW INC. and/or JENNIFER M. EÑANO-
Second Division BOTE, vs. FRANCISCO N. DAKILA
Right to Counsel
 681 SCRA 658, G.R. No. 199547,
SEPTEMBER 24, 2012
The petitioner who averred that his claim to
Dakila was illegally dismissed a day before his ownership on the land is based on the 1982 deed of
compulsory retirement, thus his backwages are sale and decided by the lower courts cannot be
computed only for days prior to his retirement permitted to change such theory on appeal.
which is only one day, he is entitled to the payment
of his retirement benefits in accordance to the CBA
and his reinstatement is no longer feasible. REMEDIAL LAW
Second Division
Civil Procedure
TAXATION Kapisanang Pagkaunlaran ng Kababaihang
Second Division Potrero, Inc. vs. Barreno
Tax Amnesty 698 SCRA 79, G.R. No. 175900
ASIA INTERNATIONAL AUCTIONEERS, June 10, 2013
INC., vs. COMMISSIONER OF INTERNAL
REVENUE Respondents’ filing of Complaint before DOLE
682 SCRA 49, G.R. No. 179115, SEPTEMBER for underpayment of wages and non-payment of
26, 2012 labor standards benefits and their filing of
Complaint before the NLRC for illegal dismissal
CIR deems AIA to be disqualified of availing tax with prayer for reinstatement and payment of
amnesty because AIA is a withholding agent that money claims do not constitute forum shopping
failed to withhold or remit the deficiency VAT and because there is no identity of causes of action
excise tax to the BIR but the court ruled that between the cases pending with the DOLE and the
indirect taxes like VAT and excise tax are different NLRC.
from withholding taxes.

REMEDIAL LAW
Second Division
Indispensable Parties REMEDIAL LAW
Second Division
LIVING @ SENSE, INC., vs. MALAYAN Probable Cause
INSURANCE COMPANY, INC., Alberto vs. Court of Appeals
682 SCRA 59, G.R. No. 193753, SEPTEMBER 699 SCRA 104, G.R. No. 182130, June 19, 2013
26, 2012
DOJ Secretary gravely abused his discretion in
The nature of the solidary obligation under the finding probable cause for the crime of Serious
surety does not make one an indispensable party Illegal Detention because there is no evidence to
and even if DMI was an indispensable party, failure support a finding that Iris was illegally detained or
to implead such an indispensable party is not a restrained of her movement and on the contrary,
ground for the dismissal of an action. Iris was seen freely roaming in public with Gil,
which negates the essential element of deprivation
of liberty.

REMEDIAL LAW REMEDIAL LAW

Second Division Second Division
Appeals Evidence
Alberto vs. Court of Appeals
Borromeo vs. Mina 699 SCRA 104, G.R. No. 182130, June 19, 2013
697 SCRA 516, G.R. No. 193747, June 05, 2013
DOJ Secretary gravely abused his discretion in
finding probable cause for the crime of Forcible Second Division Case; Civil Law
Abduction with Rape because there is no evidence Borromeo vs. Mina
to prove that Iris was restrained of her liberty 697 SCRA 516, G.R. No. 193747, June 05, 2013
during the period of her alleged captivity, and the
element of lewd designs, which characterizes all The petitioner cannot assert any right over the
crimes against chastity was absent. subject property (e.g. right to file a petition for
landholding exemption) because his title springs
from a null and void contract.
REMEDIAL LAW
Second Division
Appeals LABOR LAW
Bases Conversion Development Authority vs. Second Division
Reyes Dismissals
699 SCRA 217, G.R. No. 194247, June 19, 2013
Surigao del Norte Electric Cooperative, Inc.
Court of Appeals is precluded from considering the vs. Gonzaga
second and fourth issues raised for the first time by 698 SCRA 103, G.R. No. 187722, June 10, 2013
the petitioners for the reconsideration of RTC’s
Order because such issues were neither alleged not Gonzaga’s gross and habitual neglect of duties and
raised during proceedings below. responsibilities, serious misconduct,
misappropriation of Rural Electric Cooperative
POLITICAL LAW (REC) funds and failure to remit
Second Division collections/monies to the petitioner warrant the
Agrarian Law former’s dismissal from employment under the
Borromeo vs. Mina Labor Code.
697 SCRA 516, G.R. No. 193747, June 05, 2013
CRIMINAL LAW
The sale of Garcia of the property to petitioner, Second Division
who is not a tenant-beneficiary, in 1982 is null and Promise to Marry
void for being contrary to law, since the subject
property is under the coverage of P.D. No. 27 Caballo vs. People
which forbids the transfer or alienation of covered 698 SCRA 227, G.R. No. 198732, June 10, 2013
agricultural lands after October 21, 1972 except to
tenant beneficiary. Caballo’s repeated assurance of love and promise
to marry AAA in order to convince the latter to
REMEDIAL LAW have a sexual intercourse with him constitute overt
Second Division acts of coercion and influence under RA 7610
Agrarian Law (Special Protection of Children Against Child
Land Bank of the Philippines vs. Palmares Abuse, Exploitation and Discrimination Act).
698 SCRA 655, G.R. No. 192890, June 17, 2013
CRIMINAL LAW
The court cannot base its computation for just Second Division
compensation on a different formula without RA 7610
taking into full consideration the factors set forth
in RA 6657 (Comprehensive Agrarian Reform Second Division Case; Criminal Law
Law). Caballo vs. People
698 SCRA 227, G.R. No. 198732, June 10, 2013
CIVIL LAW
Second Division Caballo shall be convicted for violation of RA 7610
Property (Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act) for
convincing AAA, a 17-year-old minor, to have not limited to existing conditions because it was
sexual intercourse with him through coercion and promulgated also for future conditions for as long
influence, and the fact that parties were sweethearts it relates to security of women and their children
when they engaged in sexual intercourse is against violence; and (4) the law applies to all
irrelevant because consent is immaterial in cases members because it applies equally to all women
involving violation of RA 7160. and children who suffer violence and abuse.

LEGAL ETHICS LABOR LAW

En Banc Second Division
Code of Professional Responsibility Work-related Illness
Abella vs. Barrios, Jr. Inter-Orient Maritime, Incorporated vs.
698 SCRA 683, Adm. Case No. 7332 , June 18, Candava
2013 700 SCRA 174, June 26, 2013
Joselito contracted his illness in the course of
Labor Arbiter’s extortion of money from the employment. It cannot also be denied that the same
complainant as a condition for the former to act on was aggravated during the same period. Thus, there
the latter’s Motion for Execution constitutes gross was a clear causal connection between such illness
immoral conduct and gross misconduct under the and his eventual death, making his death
Code of Professional Responsibility. compensable.
POLITICAL LAW CONSTITUTIONAL LAW
En Banc Second Division
Election Law Simple Misconduct
Jalosjos vs. Commission on Elections
698 SCRA 742, G.R. No. 205033, June 18, 2013 Abulencia vs Hermosisima
699 SCRA 576, June 26, 2013
Jalosjos is disqualified to run for public office
because his sentence carries an accessory penalty of Respondent’s act of hurling invectives on the
perpetual absolute disqualification which is complainants during office hours and within the
continuously suffered by the person previously court premises was correctly held to be a case of
convicted unless the said accessory penalty shall simple misconduct.
have been expressly remitted in pardon.

REMEDIAL LAW
POLITICAL LAW Second Division
En Banc Probable Cause
Equal Protection Clause De Los Santos-Dio vs. Court of Appeals,
Garcia vs. Drilon 699 SCRA 614, G.R. No. 178947 June 26, 2013
699 SCRA 352, G.R. No. 179267, June 25, 2013

R.A. No. 9262 (Anti-Violence Against Women and A judge is not bound by the resolution of the public
Their Children Act) does not violate the equal prosecutor who conducted the preliminary
protection clause on the following grounds: (1) the investigation and must himself ascertain from the
law rests on substantial distinctions justified by the latter’s findings and supporting documents whether
unequal power relationship between men and probable cause exists for the purpose of issuing a
women and the fact that women are more likely warrant of arrest.
than men to be victims of violence; (2) the
classification is germane to the purpose of the law
which is to address violence committed against REMEDIAL LAW
women and their children; (3) the classification is Second Division
Appeals
Philippine Airlines, Inc. vs. Commissioner of Neither do the text messages sent to Jacobe
Internal Revenue predicate any corrupt motive on Estrella’s part
700 SCRA 322, G.R. No. 198759 July 1, 2013 since the causal connection between these
messages and the conduct of Estrella’s bid
When the trial court had already received all the inspection and/or approval was not adequately
evidence of the parties, the Court may resolve the shown.
case on the merits instead of remanding them in the
interest of expediency and to better serve the ends CIVIL LAW
of justice. Second Division
Succession

REMEDIAL LAW Heirs of Magdaleno Ypon vs. Ricaforte,

Second Division 700 SCRA 778, G.R. No. 198680 July 8, 2013
Preliminary Attachment
Lim vs Lazaro Matters relating to the rights of filiation and
G.R. No. 185734, July 3, 2013 heirship must be ventilated in the proper probate
court in a special proceeding instituted precisely for
The provisional remedy of the issuance of a writ of the purpose of determining such rights. Hence, the
preliminary attachment was improperly lifted status of an illegitimate child who claimed to be an
because even though the case was already closed heir to a decedent’s estate could not be adjudicated
based on the compromise agreement between the in an ordinary civil action which, as in this case, was
parties, that the said lien continues until the debt is for the recovery of property.
paid, or the sale is had under execution issued on
the judgment or until the judgment is satisfied, or
the attachment discharged or vacated in the same REMEDIAL LAW
manner provided by law. Second Division
Judgment
LEGAL ETHICS Coscolluela vs. Sandiganbayan
Second Division 701 SCRA 188, G.R. No. 191411 July 15, 2013
Gross Negligence
Cabanes, Jr., Petitioners could not have urged the speedy
700 SCRA 734, A.C. No. 7749 July 8, 2013 resolution of their case because they were
completely unaware that the investigation against
Atty. Cabanes was suspended from the practice of them was still on-going or at most has been
law for his failure to file his pre-trial brief as well as declared dismissed.
to attend the scheduled hearings constitutes
negligence.
LABOR LAW
Second Division
Termination of Employment

Martinez vs. Central Pangasinan

Coorperatuin,
701 SCRA 205, G.R. No. 192306 July 15, 2013
LABOR LAW
Second Division Martinez’s failure to properly account for his
Termination of Employment shortage of such a significant amount is enough
reason for CENPELCO to lose trust and
PNOC-Energy Development Corporation vs. confidence in him. Hence, a ground for valid
Estrella dismissal of an employee.
700 SCRA 767, G.R. No. 197789 July 8, 2013
REMEDUAL LAW previously existed and was issued to the petitioner.
Second Division Strict compliance with the requirements of the law
Forcible Entry aims to thwart dishonest parties from abusing
reconstitution proceedings as a means of illegally
Philippine Tourism Authority vs. Sabandal- obtaining properties otherwise already owned by
Herzenstiel other parties.
701 SCRA 517, G.R. No. 196741 July 17, 2013

In an action for forcible entry, the plaintiff must MERCANTILE LAW

prove that he was in prior possession of the Second Divisiom
disputed property and that the defendant deprived Corporate Rehabilitation
him of his possession. Suffice it to state that
possession in the eyes of the law does not mean Bank of the Philippine Islands vs. Sarabia
that a man has to have his feet on every square Manor Hotel Corporation
meter of the ground before he is deemed in 702 SCRA 432, G.R. No. 175844 July 29, 2013
possession. Rehabilitation plan may be approved even over the
opposition of the creditors holding a majority of
the corporation’s total liabilities if there is a
LABOR LAW showing that rehabilitation is feasible and the
En Banc opposition of the creditors is manifestly
Termination of Employment unreasonable.

Abbott Laboratories, Philippines vs. Alcaraz TAXATION LAW

701 SCRA 682, G.R. No. 192571 July 23, 2013 Second Division
Tax Declaration
A probationary employee may also be terminated
for failure to qualify as a regular employee in Heirs of Alejandra Delfin vs. Rabadon
accordance with the reasonable standards made 702 SCRA 587, G.R. No. 165014 July 31, 2013
known by the employer to the employee at the time
of the engagement. The tax declarations and tax receipts are
insufficient to prove petitioner’s proffered theory
that their predecessor-in-interest was the lawful
POLITICAL LAW possessor and owner of the foregoing property
Second Division even before the last World War. Hence, the failure
Local Government Code to prove the legitimacy of Remegio’s possession
Province of Cagayan vs. Lara and ownership since they failed to present the
702 SCRA 183, G.R. No. 188500 July 24, 2013 pertinent deed of sale or any other evidence of the
latter’s title.
In order for an entity to legally undertake a
quarrying business, he must first comply with all REMEDIAL LAW
the requirements imposed not only by the national Second Division
government, but also by the local government unit Appeals
where his business is situated. Lihaylihay vs. People
702 SCRA 755, G.R. No. 191219 July 31, 2013

Republic vs. De Asis, Jr. Issues brought to the Court on whether the
702 SCRA 258, G.R. No. 193874 July 24, 2013 prosecution was able to prove the guilt of the
accused beyond reasonable doubt, whether the
SECOND DIVISION presumption of innocence was sufficiently
Civil Law|Reconstitution of Titles debunked, whether or not conspiracy was
Reconstitution must be granted only upon clear satisfactorily established, or whether or not good
proof that the title sought to be restored had faith was properly appreciated, are all, invariably,
questions of fact. Hence, absent any of the The abuse of discretion must be so patent and gross
recognized exceptions to the above-mentioned as to amount to an evasion of a positive duty or to
rule, the Sandiganbayan’s findings on the foregoing a virtual refusal to perform a duty enjoined by law,
matters should be deemed as conclusive. or to act at all in contemplation of law, as where the
power is exercised in an arbitrary and despotic
manner by reason of passion and hostility.
REMEDIAL LAW
Second Division
Grave Abuse of Discretion
CIVIL LAW
Second Division
Secretary of the Department of Finance vs. Contracts To Sell
Court of Tax Appeals
703 SCRA 187, G.R. No. 168137 August 7, 2013 FREDERICK VENTURA, MARITES
VENTURA-ROXAS, and PHILIP
An act of a court or tribunal can only be considered VENTURA (HEIRS OF DECEASED
to be tainted with grave the abuse of discretion DOLORES C. VENTURA), vs. HEIRS OF
must be so patent or gross as to constitute an SPOUSES EUSTACIO T. ENDAYA and
evasion of a positive duty or a virtual refusal to TRINIDAD L. ENDAYA, namely, TITUS L.
perform the duty or to act at all in contemplation ENDAYA, ENRICO L. ENDAYA, and
of law. Finding that this characterization does not JOSEPHINE ENDAYA-BANTUG
fit the CTA’s exercise of discretion in this case, the 706 SCRA 631, G.R. No. 190016, OCTOBER
Court holds that no grave abuse of discretion 02, 2013
attended its grant of KCTMPC’s motion to release. While the quality of contingency inheres in a
contract to sell, the same should not be confused
CIVIL LAW with a conditional contract of sale. In a contract to
Second Division sell, the fulfillment of the suspensive condition will
Property Relations not automatically transfer ownership to the buyer
although the property may have been previously
Tan vs. Andrade delivered to him. The prospective seller still has to
703 SCRA 198, G.R. No. 171904 August 7, 2013 convey title to the prospective buyer by entering
into a contract od absolute sale. On the other hand,
There must be strict proof of the exclusive in a conditional contract of sale, the fulfillment of
ownership of one of the spouses, and the burden the suspensive condition renders the sale absolute
of proof rests upon the party asserting it. and the previous delivery of the property has the
Otherwise, all property of the marriage is presumed effect of automatically transferring the seller’s
to belong to the conjugal partnership. ownership or title to the property to the buyer.

LEGAL ETHICS
En Banc
Practice of Law
MARIA CRISTINA ZABALJAUREGUI
PITCHER, vs. ATTY. RUSTICO B.
REMEDIAL LAW GAGATE
Second Division 707 SCRA 13, A.C. No. 9532, OCTOBER 08,
Grave Abuse of Discretion 2013
The Court observes that, in the present case,
The Law Firm of Chavez Miranda and complainant was subjected to a grave injury as she
Aseoche vs. Fria was subjected to a graver injury as she was
703 SCRA 258, August 07, 2013 prosecuted for the crime of grave coercion largely
due to the advice of respondent. Were it not for
respondent’s imprudent counseling, not to mention
his act of abandoning his client during the 709 SCRA 287, A.C. No. 7965, NOVEMBER
proceedings, complainant would not have unduly 13, 2013
suffered the harbors of a criminal prosecution. The A lawyer’s duty to his client is one essentially
Court finds it apt to impose against respondent a imbued with trust so much so that it is incumbent
higher penalty of suspension from the practice of upon the former to exhaust all reasonable efforts
law for a period of three years as recommended by towards its faithful compliance. In this case, despite
the OBC. that singular encounter, respondent had thereafter
all the opportunity to return the subject amount but
CONSTITUTIONAL LAW still failed to do so. Besides, the obligatory force of
En Banc said duty should not be diluted by the temperament
House of Representatives Electoral Tribunal or occasional frustrations of the lawyer’s client,
especially so when the latter remains unsatisfied by
WIGBERTO R. TAÑADA, JR., vs. the lawyer’s work.
COMMISSION ON ELECTIONS,
ANGELINA D. TAN, AND ALVIN JOHN S. REMEDIAL LAW
TAÑADA Second Division
708 SCRA 188 G.R. Nos. 207199-200, Recantations
OCTOBER 22, 2013
Case law states that the proclamation of a PEOPLE OF THE PHILIPPINES, vs.
congressional candidate following the election P/SUPT. ARTEMIO E. LAMSEN, PO2
divests the COMELEC of jurisdiction over ANTHONY D. ABULENCIA, and SPO1
disputes relating to the election, returns, and WILFREDO L. RAMOS
qualifications of the proclaimed representative in 709 SCRA 522, G.R. No. 198338,
favor of the HRET. Considering that Angelina had NOVEMBER 13, 3013
already been proclaimed as Member of the House The rule is settled that in cases where previous
of Representatives for the 4th District of Quezon testimony is retracted and a subsequent different, if
Province, the Court is now without jurisdiction to not contrary, testimony is made by the same
resolve the case at bar. witness, the test to decide which testimony to
believe is one of comparison coupled with the
REMEDIAL LAW application of the general rules of evidence. A
Second Division testimony solemnly given in court should not be set
Provisional Remedies aside and disregarded lightly, and before this can be
done, both the previous testimony and the
OFFICE OF THE OMBUDSMAN subsequent one should be carefully compared and
(VISAYAS), vs. COURT OF APPEALS and juxtaposed, the circumstances under which each
BERMELA A. GABUYA was made, carefully and keenly scrutinized, and the
708 SCRA 523 G.R. No. 189801, OCTOBER reasons or motives for the change discriminatingly
23, 2013 analyzed.
The ancillary remedy of preliminary injunction
cannot exist except only as part of an independent CONSTITUTIONAL LAW
action or proceeding. Thus, since the CA already En Banc
remanded the case to the Ombudsman for the Separation of Powers
purpose of resolving Gabuya’s pending motion for
reconsideration, the writ of preliminary injunction GRECO ANTONIOUS BEDA B. BELGICA,
issued by it, absent any countervailing justification JOSE M. VILLEGAS, JR., JOSE L.
therefor, must be dissolved. GONZALEZ, REUBEN M. ABANTE, and
QUINTIN PAREDES SAN DIEGO, vs.
LEGAL ETHICS HONORABLE EXECUTIVE SECRETARY
Second Division PAQUITO N. OCHOA, JR., SECRETARY
Attorneys OF BUDGET AND MANAGEMENT
AZUCENA SEGOVIA-RIBAYA, vs. ATTY. FLORENCIO B. ABAD, NATIONAL
BARTOLOME C. LAWSIN TREASURER ROSALIA V. DE LEON,
 SENATE OF THE PHILIPPINES, It is not the application or registration of a
represented by FRANKLIN M. DRILON in trademark that vests ownership thereof, but it is the
his capacity as SENATE PRESIDENT, and ownership of a trademark that confers the right to
HOUSE OF REPRESENTATIVES, register the same. A trademark is an industrial
represented by FELICIANO S. property over which its owner is entitled to
BELMONTE, JR. in his capacity as property rights which cannot be appropriated by
SPEAKER OF THE HOUSE unscrupulous entities that, in one way or another,
710 SCRA 1, G.R. No. 208566, NOVEMBER happen to register such trademark ahead of its true
19, 2013 and lawful owner. The presumption of ownership
Post-enactment measures which govern the areas accorded to a registrant must then necessarily yield
of project identification, fund release and fund to superior evidence of actual and real ownership
realignment are not related to functions of of a trademark.
congressional oversight and, hence, allow
legislators to intervene and/or assume duties that POLITICAL LAW
properly belong to the sphere of budget execution. Second Division
From the moment the law becomes effective, any Right of Retention
provision of law that empowers Congress or any of
its members to pay any role in the implementation HEIRS OF ROMULO D. SANDUETA,
or enforcement of the law violates the principle of namely: GLORIA SANDUETA ELOPRE,
separation of powers and is thus unconstitutional. HEIRS OF JOSEPHINE S. NADALA,
represented by ROY S. NADALA,
REMEDIAL LAW HOFBOWER SANDUETA, NERISA
Second Division SANDUETA MICUBO, OSCAR
Judgment on the Pleadings SANDUETA, MARILYN SANDUETA
VELASCO, RONALD SANDUETA, and
GOVERNMENT SERVICE INSURANCE NAPOLEON SANDUETA, vs. DOMINGO
SYSTEM, vs. PRUDENTIAL GUARANTEE ROBLES, HEIRS OF TEODORO ABAN,
AND ASSURANCE, INC., namely: NERIO ABAN, VIRGINIO ABAN,
DEVELOPMENT BANK OF THE SUSANA ABAN, and DAVID ABAN; HEIRS
PHILIPPINES, and LAND BANK OF THE OF EUFRECENA** GALEZA, namely:
PHILIPPINES CESAR GALEZA, NESTOR GALEZA,
710 SCRA 337, G.R. No. 165585, November 20, ANGELA GALEZA, JUSTO GALEZA, KIA
2013 GALEZA PONCE, PORFERIA GALEZA
Judgment on the pleadings is appropriate when an NALZARO, ROSARIO GALEZA VELASCO,
answer fails to tender an issue, or otherwise admits HERMINIA GALEZA GUERRERO, and
the material allegations of the adverse party’s NONA GALEZA NACARIO
pleasing. It is a form of judgment that is exclusively 710 SCRA 491, G.R. No. 203204, NOVEMBER
based on the submitted pleadings without the 20, 2013
introduction of evidence as the factual issues The right of retention, as protected and enshrined
remain uncontroverted. in the Constitution, balances the effects of
compulsory land acquisition by granting the
MERCANTILE LAW landowner the right to choose the area to be
Second Division retained subject to legislative standards. Since the
Trademarks right is granted to limit the effects of compulsory
land acquisition, it is a prerequisite that the land
BIRKENSTOCK ORTHOPAEDIE GMBH falls under the coverage of the Operation Land
AND CO. KG (formerly BIRKENSTOCK Transfer Program of the government. If the land is
ORTHOPAEDIE GMBH), vs. PHILIPPINE beyond the ambit of the OLT Program, the
SHOE EXPO MARKETING landowner need not apply for retention since the
CORPORATION appropriate remedy would be to apply for
710 SCRA 474, G.R. No. 194307, NOVEMBER exemption.
20, 2013 LEGAL ETHICS
Second Division AND FILOMENA DYCHIAO, vs. ALLIED
Attorneys BANK CORPORATION
711 SCRA 479, G.R. No. 177921, DECEMBER
FELIPE C. DAGALA, vs. ATTY. JOSE C. 04, 2013
QUESADA, JR. and ATTY. AMADO T. Fortuitous events by definition are extraordinary
ADQUILEN event not foreseeable or avoidable. It is therefore
711 SCRA 206, A.C. No. 5044, DECEMBER not enough that the event should not have been
02, 2013 foreseen or anticipated, as is commonly believed
A retained counsel is expected to serve the client but it must be one impossible to foresee or to
with competence and diligence and not to sit idly avoid. The mere difficulty to foresee the happening
by and leave the rights of his client in a state of is not impossibility to foresee the same. To
uncertainty. He is oblige to attend scheduled constitute a fortuitous event, the following
hearings or conferences, prepare and file the elements must concur: (a) the cause of the
required pleadings, prosecute the handled cases unforeseen and unexpected occurrence or of the
with reasonable dispatch, and urge their failure of the debtor to comply with obligations
termination without waiting for the client or the must be independent of human will; (b) it must be
court to prod him or her to do so. The appropriate impossible to foresee the event that constitutes the
penalty on an errant lawyer depends on the exercise caso fortuito or, if it can be foreseen, it must be
of sound judicial discretion based on the impossible to avoid; (c) the occurrence must be
surrounding facts. such as to render it impossible for the debtor to
fulfill obligations in a normal manner; and, (d) the
CIVIL LAW obligor must be free from any participation in the
Second Division aggravation of the injury or loss.
Property
CIVIL LAW
LAURA E. PARAGUYA, vs. SPOUSES Second Division
ALMA ESCUREL-CRUCILLO and Maceda Law
EMETERIO CRUCILLO, and the
REGISTER OF DEEDS OF SORSOGON OPTIMUM DEVELOPMENT BANK, vs.
711 SCRA 275, G.R. No. 200265, DECEMBER SPOUSES BENIGNO V. JOVELLANOS and
02, 2013 LOURDES R. JOVELLANOS
It is an established rule that a Torrens certificate of 711 SCRA 548, G.R. No. 189145, DECEMBER
title is not conclusive proof of ownership. A party 04, 2013
may seek its annulment on the basis of fraud or In a contract to sell, the prospective seller binds
misrepresentation. However, such action must be himself to sell the property subject of the
seasonably filed, else the same would be barred. agreement exclusively to the prospective buyer
The period to contest a decree of registration shall upon fulfillment of the condition agreed upon
be one (1) year from the date of its entry and that, which is the full payment of the purchase price but
after the lapse of the said period, the Torrens reserving to himself the ownership of the subject
certificate of title issued thereon becomes property despite delivery thereof to the prospective
incontrovertible and indefeasible. buyer. The unlawful detainer suit for illegally
withholding possession of the subject property is
CIVIL LAW premised upon the cancellation or termination of
Second Division the Contract to Sell. Nonpayment of the
Fortuitous Event installments due had rendered the Contract to Sell
without force and effect, thus depriving the latter
METRO CONCAST STEEL of their right to possess the property.
CORPORATION, SPOUSES JOSE S.
DYCHIAO AND TIU OH YAN, SPOUSES LABOR LAW
GUILLERMO AND MERCEDES Second Division
DYCHIAO, AND SPOUSES VICENTE Substantial Evidence
 XAVIER C. RAMOS, vs. BPI FAMILY cumulative remedies. By failing to inform the Court
SAVINGS BANK, INC. and ALFONSO L. of Appeals of his subsequent filing of a notice of
SALCEDO, JR. appeal before the Philippine Postal Corporation,
711 SCRA 590, G.R. No. 203186, DECEMBER De Guzman committed a violation of his
04, 2013 certification against forum-shopping with the
In cases files before administrative or quasi-judicial Court of Appeals, which has been held to be a
bodies, a fact may be deemed established if it is ground for dismissal of an action distinct from
supported by substantial evidence, or that amount forum-shopping itself.
of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion.

LABOR LAW
Second Division
Damages

SANGWOO PHILIPPINES, INC.

EMPLOYEES UNION OLALIA, represented CIVIL LAW
by PORFERIA SALIBONGCOGON, vs. Second Division
SANGWOO PHILIPPINES, INC. and/or Novation
SANG IK JANG, JISSO JANG, WISSO JANG,
and NORBERTO TADEO ACE FOODS, INC., vs. MICRO PACIFIC
711 SCRA 618, G.R. No. 173229, DECEMBER TECHNOLOGIES CO., LTD.,[1]
09, 2013 712 SCRA 679, G.R. No. 200602, DECEMBER
It is well to stress that while SPI had a valid ground 11, 2013
to terminate its employees, i.e., closure of business, Novation in its broad concept, may either be
its failure to comply with the proper procedure for extinctive or modificatory. It is extinctive when an
termination renders it liable to pay the employee old obligation is terminated by the creation of a
nominal damages for such omission. An employer new obligation that takes place of the former; it is
which has a valid cause for dismissing its employee merely modificatory when the old obligation
but conducts the dismissal with procedural subsists to the extent it remains compatible with
infirmity is liable to pay the employee nominal the amendatory agreement. In either case, however,
damages. However, case law exhorts that in novation is never presumed, and the animus novandi,
instances where the payment of such damages whether totally or partially, must appear by express
becomes impossible, unjust, or too burdensome, agreement of the parties, or by their acts that are
modification becomes necessary in order to too clear and unequivocal to be mistaken.
harmonize the disposition with the prevailing
circumstances. REMEDIAL LAW
Second Division
REMEDIAL LAW Contempt
Second Division
Forum Shopping LETICIA P. LIGON, vs. THE REGIONAL
TRIAL COURT, BRANCH 56 AT MAKATI
PHILIPPINE POSTAL CORPORATION, CITY AND ITS PRESIDING JUDGE,
vs. COURT OF APPEALS and CRISANTO JUDGE REYNALDO M. LAIGO, SHERIFF
G. DE GUZMAN IV LUCITO V. ALEJO, ATTY. SILVERIO
711 SCRA 632, G.R. No. 173590, December 09, GARING, MR. LEONARDO J. TING, AND
2013 MR. BENITO G. TECHICO
717 SCRA 373, G.R. No. 190028, FEBRUARY
De Guzman was also guilty of forum-shopping by 26, 2014
pursuing two (2) separate remedies – petition for Contempt of court has been defined as a willful
certiorari and appeal – that have long been held to disregard or disobedience of a public authority. In
be mutually exclusive, and not alternative or its broad sense, contempt is a disregard of, or
disobedience to, the rules or orders of a legislative Prohibition
or judicial body or an interruption of its proceeding Bernabe Second Division; Remedial law
by disorderly behavior or insolent language in its
presence or so near thereto as to disturb its Land Bank of the Philippines vs. Atlanta
proceedings or to impair the respect due to such a Industries. Inc.,
body. In its restricted and more usual sense, 729 SCRA 12, G.R. No. 193796, July 2, 2014
contempt comprehends a despising of the
authority, justice, or dignity of a court. A petition for prohibition is a special civil action
that seeks for a judgment ordering the respondent
CIVIL LAW to desist from continuing with the commission of
Second Division an act perceived to be illegal. Section 2, Rule 65 of
Estoppel the Rules of Court (Rules) reads: Sec. 2.Petition for
Prohibition. – When the proceeding of any tribunal,
GMA NETWORK, INC., vs. NATIONAL corporation, board, officer or person, whether
TELECOMMUNICATIONS COMMISSION exercising judicial, quasi-judicial or ministerial
717 SCRA 435, G.R. No. 196112, FEBRUARY functions, are without or in excess of its or his
26, 2014 jurisdiction, and there is no appeal or any other
The State cannot be put in estoppel by the mistakes plain, speedy, and adequate remedy in the ordinary
or errors of its officials or agents. Hence, whatever course of law, a person aggrieved thereby may file
irregularity had attended the issuance of the a verified petition in the proper court, alleging the
temporary permits in this case does not render facts with certainty and praying that judgment be
correct what appears to be erroneous procedure. rendered commanding the respondent to desist
from further proceedings in the action or matter
POLITICAL LAW specified therein, or otherwise granting such
Second Division incidental reliefs as law and justice may require.
Court Personnel

OFFICE OF THE COURT REMEDIAL LAW

ADMINISTRATOR, vs. PAZ P. Second Division
CAPISTRANO, COURT STENOGRAPHER Postponements
III, REGIONAL TRIAL COURT, QUEZON Paranaque Kings Enterprise, Inc., vs. Catalina
CITY, BRANCH 224 L. Santos
728 SCRA 439, A.M. No. P-13-3147, JULY 02, 729 SCRA 35, G.R. No. 194638, July 2, 2014
2014
At the outset, it should be emphasized that the trial
No other office in the government service exercises court has the discretion on whether to grant or
a greater demand for moral righteousness and deny a motion to postpone and/or reschedule the
uprightness from an employee than in the Judiciary. pre-trial conference in accordance with the
The Court has repeated emphasized that the circumstances obtaining in the case. This must be
conduct of court personnel, from the presiding so as it is the trial court which is able to witness
judge to the lowliest clerk, must always be firsthand the events as they unfold during the trial
circumscribed with the heavy burden of of a case. Postponements, while permissible, must
responsibility as to let them be free from any not be countenanced except for clearly meritorious
suspicion that may taint the judiciary. The Court grounds and in the light of the attendant
condemns and would never countenance any circumstances.
conduct, act or omission on the part of all those
involved in the administration of justice, which
POLITICSL LAW
would violate the norm of public accountability and
Second Division
diminish or even just tend to diminish the faith of
Appeals in Administrative Case
the people in the Judiciary.
REMEDIAL LAW
Second Division
 Office of the Ombudsman vs. Alex M. Administrative Law
Valencerina RE: Anonymous letter vs. Judge Corazon D.
Soluren
730 SCRA 12, G.R. No. 178343, July 14, 2014
737 SCRA 522, A.M. No. P-14-3217, October 8,
It is a fundamental legal principle that when two 2014
rules apply to a particular case, that which was
specially designed for the said case must prevail Misconduct is a transgression of some established
over the other. Evidently, the aforesaid Section 7, and definite rule of action, more particularly
Rule III is a special rule applicable to administrative unlawful behavior or gross negligence by the public
complaints cognizable by OMB. Thus, as between officer. To warrant dismissal from service, the
the two rules, Section 7 Rule III should prevail over misconduct must be grave, serious, important,
the application of Section 12, Rule 43 of the Rules weighty, momentous, and not trifling. The
in appeals from a decision of the OMB in an misconduct must imply a wrongful intention and
administrative case. not a mere error of judgment and must also have a
direct relation to and be connected with the
performance of the public officer’s official duties
POLITICAL LAW amounting either to maladministration or willful,
En Banc intentional neglect, or failure to discharge the duties
Administrative Law of the office. In order to differentiate Grave
Misconduct from Simple Misconduct, the elements
of corruption, clear intent to violate the law, or
flagrant disregard of an established rule, must be
manifest in the former.
Office of the Court Administrator vs.
Executive Judge Owen B. Amor
737 SCRA 509, A.M. No. RTJ-08-2140, POLITICAL LAW
October 7, 2014 En Banc
Commission on Audit
The OCA properly found respondent guilty of Arnaldo M. Espinas vs. Commission on Audit
Gross Misconduct and Insubordination for
refusing to comply with the numerous directives of 720 SCRA 302; G.R. No. 198271, April 1, 2014
the Court to file a comment on the administrative
complaint against him. Verily, a judge who The CoA’s audit power is among the constitutional
deliberately and continuously fails and refuses to mechanisms that give life to the check-and balance
comply with the resolution of the Court is guilty of system inherent in our system of government. As
the same. Such willful disobedience and disregard an essential component, the CoA has been vested
of the directives of the Court constitute grave and with the exclusive authority to promulgate
serious misconduct affecting his fitness and accounting and auditing rules and regulations,
worthiness of the honor and integrity attached to including those for the prevention and
his office. In this case, it is noteworthy that disallowance of irregular, unnecessary, excessive,
respondent was afforded several opportunities not extravagant, or unconscionable expenditures or
to mention a generous amount of time to comply uses of government funds and properties. This is
with the Court's lawful orders, but he has failed and found I Section 2, Article IX-D of the 1987
continuously refused to heed the same. This Philippine Constitution which provides that: Sec. 2.
continuous refusal to abide by the lawful directives x x x. (2) The Commission shall have exclusive
issued by the Court is glaring proof that he had authority, subject to the limitations in this Article,
become disinterested to remain with the judicial to define the scope of its audit and examination,
system to which he purports to belong. establish the techniques and methods required
therefor, and promulgate accounting and
auditing rules and regulations, including those
POLITICA LAW for the prevention and disallowance of irregular
First Division unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of 729 SCRA 403; G.R. No. 183901; July 9, 2014
government funds and properties.
Settled is the rule that when the agrarian reform
process is still incomplete, as in this case where the
payment for the subject portion acquired under PD
27 has yet to be made, just compensation should be
determined and the process concluded under
REMEDIAL LAW Republic Act No. (RA) 6657, otherwise known as
Second Division “Comprehensive Agrarian Reform Law of 1998”
Appeals with PD 27 and EO 228 only having mere
Spouses Roque vs. Ma. Pamela P. Aguado, et. suppletory effect. This means that PD 27 and EO
Al 228 only apply when there are gaps in RA 6657;
where RA 6657 is sufficient, PD 27 and EO 228 are
720 SCRA 780; G.R. No. 193787; April 7, 2014 superseded.
Regarding Sps. Roque’s claims of acquisitive
prescription and reimbursement for the value of
the improvements they have introduced on the CIVIL LAW
subject property, it is keenly observed that none of Second Division
the arguments therefor were raised before the trial Contracts
court or the CA. Accordingly, the Court applies the
well-settled rule that litigants cannot raise an issue
for the first time on appeal as this would Aboitiz Transport System Corporation vs.
contravene the basic rules of fair play and justice. Carlos A. Gothiong Lines, Inc.
In any event, such claims appear to involve 730 SCRA 178; G.R. No. 198226; July 18, 2014
questions of fact which are generally prohibited
under a Rule 45 petition. In Gonzales v. Climax Mining, Ltd., 512 SCRA 148
(2007), the Court explained that “disputes do not
go to arbitration unless and until the parties have
POLITICAL LAW agreed to abide by the arbitrator’s decision.
Second Division Necessarily, a contract is required for arbitration to
Just Compensation take place and to be binding.” Furthermore in Del
Monte Corporation-USA v. Court of Appeals, 351 SCRA
Department of Agrarian Reform vs. Spouses 373 (2001), the Court stated the “the provision to
Sta. Romana submit to arbitration any dispute arising therefrom
and the relationship of the parties is part of that
729 SCRA 387; G.R. No. 183290; July 9, 2014 contract. As a rule, contracts are respected as the
law between the contracting parties and produce
Settled is the rule that when the agrarian reform effect as between them, their assigns and heirs.’
process is still incomplete, as in this case where the Succinctly put, only those parties who have agreed
just compensation for the subject land acquired to submit a controversy to arbitration who, as
under PD 27 has yet to be paid, just compensation against each other, may be compelled to submit to
should be determined and the process concluded arbitration.
under RA 6657, with PD 27 and EO 228 having
more suppletory effects. This means that PD 27
and EO 228 only apply when there are gaps in RA LABOR LAW
6657; where RA 6657 is sufficient, PD 27 and EO First Division
228 are superseded. Termination of Employment

ST. LUKE’S MEDICAL CENTER, INC., vs.

POLITICAL LAW MARIA THERESA V. SANCHEZ
Second Division 753 SCRA 218, G.R. No. 212054, MARCH 11,
Just Compensation 2015
Department of Agrarian Reform vs. Berina
An employer may terminate an employment for any
of the following causes: (a) Serious misconduct or STATUTORY CONSTRUCTION
willful disobedience by the employee of the lawful First Division
orders of his employer or his representative in
connection with his work. Note that for an THE DEPARTMENT OF HEALTH,
employee to be validly dismissed on this ground, represented by SECRETARY ENRIQUE T.
the employer’s orders, regulations, or instructions ONA, and THE FOOD AND DRUG
must be: (1) reasonable and lawful; (2) sufficiently ADMINISTRATION (formerly the Bureau of
known to the employee; and, (3) in connection with Food and Drugs), represented by
the duties which the employee has been engaged to ASSISTANT SECRETARY OF HEALTH
discharge. NICOLAS B. LUTERO III, Officer-in-
Charge, vs. PHILIP MORRIS PHILIPPINES
LEGAL ETHICS MANUFACTURING, INC.
First Division 754 SCRA 452, G.R. No. 202943, MARCH 25,
Attorney-Client Relationship 2015
General legislation must give way to special
EDUARDO A. MAGLENTE, vs. ATTY. legislation on the same subject, and generally is so
DELFIN R. AGCAOILI, JR. interpreted as to embrace only cases in which the
753 SCRA 350, A.C. No. 10672, MARCH 18, special provisions are not applicable. In other
2015 words, where two statutes are of equal theoretical
It must be stressed that once a lawyer takes up the application to a particular case, the one designed
cause of his client, he is duty-bound to serve the therefore should prevail.
latter with competence, and to attend to such
client’s cause with diligence, care, and devotion, MERCANTILE LAW
whether he accepts it for a fee or for free. He owes First Division
fidelity to such cause and must always be mindful Corporate Rehabilitation
of the trust and confidence reposed upon him.
Therefore, a lawyer’s neglect of a legal matter BPI FAMILY SAVINGS BANK, INC., vs. ST.
entrusted to him by his client constitutes MICHAEL MEDICAL CENTER, INC.
inexcusable negligence for which he must be held 754 SCRA 493, G.R. No. 205469, MARCH 25,
administratively liable. 2015
Restoration is the central idea behind the remedy
LEGAL ETHICS of corporate rehabilitation. It contemplates a
First Division continuance of corporate life and activities in an
Suspension from Practice of Law effort to restore and reinstate the corporation to its
former position of successful operation and
SHIRLEY OLAYTA-CAMBA, vs. ATTY. solvency, the purpose being to enable the company
OTILIO SY BONGON to gain a new lease on life and allow its creditors to
754 SCRA 205, A.C. No. 8826, MARCH 25, be paid their claims out of its earnings.
2015
Jurisprudence provides that in similar cases where CIVIL LAW
lawyers neglected their client’s affairs and, at the First Division
same time, failed to return the latter’s money Assignment of Credit
and/or property despite demand, the Supreme
Court imposed upon them the penalty of FORT BONIFACIO DEVELOPMENT
suspension from the practice of law. However, CORPORATION, vs. VALENTIN L. FONG
there have been instances where the Court 754 SCRA 544, G.R. No. 209370, MARCH 25,
tempered the penalty imposed upon a lawyer due 2015
to humanitarian and equitable considerations. When a person assigns his credit to another person,
Taking into consideration respondent’s advanced the latter is deemed subrogated to the rights as well
age, medical condition, and the fact that this is his as to the obligations of the former. The practical
first offense. efficacy of the assignment although valid between
Fong and MS Maxco, remains contingent on The duty of the Ombudsman in the conduct of
FBDC’s consent. Without the happening of said preliminary investigation is to establish whether
condition, only MS Maxco, and not Fong, can there exists probable cause to file an information in
collect on the credit. However, this finding does court against the accused. Preliminary investigation
not preclude any recourse that Fong may take is not the occasion for the full and exhaustive
against MS Maxco. After all, an assignment of display of the parties’ evidence. It is for the
credit for a consideration and covering a presentation of such evidence as may engender a
demandable sum of money is considered as a sale well-founded belief that an offense has been
of personal property. committed and that the accused is probably guilty
thereof. The validity and merits of a party’s
REMEDIAL LAW accusation or defense as well as admissibility of
First Division testimonies and evidence, are better ventilated
Object Evidence during the trial proper.

PEOPLE OF THE PHILIPPINES, vs. CIVIL LAW

CHARLIE SORIN y TAGAYLO First Division
754 SCRA 594, G.R. No. 212635, MARCH 25, Reconstitution of Titles
2015
It is well-settled that in criminal prosecution JOSE B. LURIZ, vs. REPUBLIC OF THE
involving illegal drugs, the presentation of the PHILIPPINES
drugs which constitute the corpus delicti of the crime 785 SCRA 142, G.R. No. 208948, FEBRUARY
calls for the necessity of proving with moral 24, 2016
certainty that they are the same seized items. The The reconstitution of a certificate of a title denotes
lack of conclusive identification of the illegal drugs restoration in the original form and condition of a
allegedly seized from the accused strongly militates lost or destroyed instrument attesting the title of a
against a finding of guilt, as in this case. Therefore, person to a piece of land. It partakes of a land
as reasonable doubt persists on the identity of the registration proceeding. Thus, it must be granted
drugs allegedly seized from the accused, the latter’s only upon clear proof that the title sought to be
acquittal should come as a matter of course. restored was indeed issued to the petitioner or his
predecessor-in-interest, and such title was in force
REMEDIAL LAW at the time it was lost or destroyed.
First Division
Preliminary Investigation CIVIL LAW
First Division
PRESIDENTIAL COMMISSION ON Annulment of Marriage
GOOD GOVERNMENT, vs. OFFICE OF
THE OMBUDSMAN, RENATO D. TAYAG, REPUBLIC OF THE PHILIPPINES, vs.
ISMAEL M. REINOSO, GENEROSO REGHIS M. ROMERO II and OLIVIA
TANSECO, MANUEL MORALES, RUBEN LAGMAN ROMERO. OLIVIA LAGMAN
B. ANCHETA, GERONIMO Z. VELASCO, ROMERO, vs. REGHIS M. ROMERO II
TROADIO T. QUIAZON, JR., FERNANDO 785 SCRA 164, G.R. Nos. 209180 & 209253,
MARAMAG, EDGARDO TORDESILLAS, FEBRUARY 24, 2016
ARTURO R. TANCO, JR., GERARDO Psychological incapacity as a ground to nullify a
SICAT, PANFILO O. DOMINGO, marriage should refer to the most serious cases of
POTENCIANO ILUSORIO, MANUEL B. personality disorders clearly demonstrative of an
SYQUIO, RAFAEL M. ATAYDE, utter insensitivity or inability to give meaning and
HONORIO POBLADOR, JR., GEORGE T. significance to the marriage. That Reghis married
SCHOLEY, TIRSO ANTIPORDA, JR., Olivia not out of love, but out of reverence for the
CARLOS L. INDUCTIVO, and TEODORO latter’s parent’s does not constitute psychological
VALENCIA incapacity contemplated under the Family Code.
785 SCRA 55, G.R. No. 193176, FEBRUARY Any doubt should be resolved in favor of the
24, 2016
validity of the marriage and the indissolubility of RODRIGUEZ, TOMAS ATAYDE,
the marital tie. AUGUSTO MIRANDA, JOSEFINA
ATAYDE FRANCISCO, RAMON L.
REMEDIAL LAW ATAYDE, and BLESILDA ATAYDE RIOS,
First Division vs. LAND BANK OF THE PHILIPPINES
Motion for Extension of Time 733 SCRA 511, G.R. No. 185048, AUGUST 20,
2014
FLORANTE A. MIANO, vs. MA. ELLEN M. It is fundamental that just compensation should be
AGUILAR determined at the time of the property’s taking. The
785 SCRA 338, A.M. No. RTJ-15-2408, date of taking of the subject land for purposes of
MARCH 02, 2016 computing just compensation should be reckoned
Failure to decide cases and other matters within the from the issuance dates of the emancipation
reglementary period constitutes gross inefficiency patents. Although the taking of properties for
and warrants the imposition of administrative agrarian reform purposes is a revolutionary kind of
sanction against the erring magistrate. The Court is expropriation, it should not be carried out at the
not unmindful of the circumstances that may delay undue expense of landowners who are also entitled
the speedy disposition of cases assigned to judges, to protection under the Constitution and agrarian
thus, the Court allows extensions of time within reform laws. The Court has previously allowed the
which pending cases may be disposed of, upon a grant of legal interest in expropriation cases where
seasonable filing of a request therefor and sufficient there was delay in the payment of just
justification. For failing to do so, respondent compensation, deeming the same to be an effective
cannot evade administrative liability. forbearance on the part of the State. This
incremental interest is not granted on the
LABOR LAW computed just compensation; rather, it is a penalty
Second Division imposed for damages incurred by the landowner
Retirement due to the delay in its payment.

GRACE CHRISTIAN HIGH SCHOOL, REMEDIAL LAW

represented by its Principal, DR. JAMES Second Division
TAN, vs. FILIPINAS A. LAVANDERA Certification Against Forum Shopping
733 SCRA 498, G.R. No. 177845, AUGUST 20,
2014 LOURDES C. FERNANDEZ, vs. NORMA
An employees retirement benefits under any VILLEGAS and any person acting in her
collective bargaining and other agreements shall behalf including her family
not be less than those provided under the same – 733 SCRA 548, G.R. No. 200191, AUGUST 20,
that is, at least one-half (1/2) month salary for every 2014
year of service, a fraction of at least six (6) months It has been held that under reasonable or justifiable
being considered as one whole year – and that circumstances – as in this case where the plaintiffs
unless the parties provide for broader inclusions, or petitioners share a common interest and invoke
the term one-half month salary shall mean fifteen a common cause of action or defense – the rule
(15) days plus one-twelfth (1/12) of the 13th month requiring all such plaintiffs or petitioners to sign the
pay and the cash equivalent of not more than five certification against forum shopping may be
(5) days of service incentive leaves. relaxed.

POLITICAL LAW REMEDIAL LAW

Second Division First Division
Expropriation Proceedings Doctrine of Immutability of Judgments

JOSE T. LAJOM, represented by PORFIRIO MICHELIN ASIA PACIFIC APPLICATION

RODRIGUEZ, FLORENCIA LAJOM SUPPORT CENTER, INC., vs. MARIO J.
GARCIA-DIAZ, FRANCISCO LAJOM ORTIZ
GARCIA, JR., FERNANDO LAJOM
741 SCRA 121, G.R. No. 189861, NOVEMBER It is improper to enter an order which exceeds the
19, 2014 scope of relief sought by the pleadings, absent
A definitive final judgment, however erroneous, is notice which affords the opposing party an
no longer subject to change or revision. Settled is opportunity to be heard with respect to the
the rule that a decision that has acquired finality proposed relief. The fundamental purpose of the
becomes immutable and unalterable. This quality of requirement that allegations of a complaint must
immutability precludes the modification of a final provide the measure of recovery is to prevent
judgment, even if the modification is meant to surprise to the defendant. For the same reason, this
correct erroneous conclusions of fact and law. protection against surprises granted to defendants
should also be available to petitioners. Both parties
to a suit are entitled to due process against
unforeseen and arbitrary judgments.

LABOR LAW
First Division
Disability Benefits
CRIMINAL LAW
First Division ACE NAVIGATION COMPANY and VELA
Technical Malversation INTERNATIONAL MARINE LIMITED,
vs. SANTOS D. GARCIA
GOVERNOR ENRIQUE T. GARCIA, JR., 759 SCRA 274, G.R. No. 207804, JUNE 27,
vs. OFFICE OF THE OMBUDSMAN, 2015
LEONARDO B. ROMAN, ROMEO L. A judicious review of the records reveals that
MENDIOLA, PASTOR P. VICHUACO, Garcia was indeed unable to obtain any gainful
AURORA J. TIAMBENG and employment for more than 120 days after his
NUMERIANO G. MEDINA repatriation. However, this fact does not ipso facto
741 SCRA 172, G.R. No. 197567, NOVEMBER render his disability total and permanent. The
19, 2014 company-designated physician is given a leeway of
The element of Malversation of Public Funds are an additional 120 days, or a total of 240 days from
distinctly different from those of Technical repatriation, to give the seafarer further treatment
Malversation. In the crime of Malversation of and, thereafter, make a declaration as to the nature
Public Funds, the offender misappropriates public of the latter’s disability.
funds for his own personal use or allows any other
person to take such public funds for the latter’s REMEDIAL LAW
personal use. On the other hand, in Technical First Division
Malversation, the public officer applies public Appeals
funds under his administration not for his or
another’s personal use, but to a public use other MITSUBISHI MOTORS PHILIPPINES
than that for which the fund was appropriated by CORPORATION, vs. BUREAU OF
law or ordinance. Technical Malversation does not CUSTOMS
include, or is not necessarily included in the crime 759 SCRA 306, G.R. No. 209830, JUNE 17,
of Malversation of Public Fund. 2015
In view of respondent’s availment of a wrong mode
REMEDIAL LAW of appeal via notice of appeal stating that it was
First Division elevating the case to the CA – instead of appealing
Judgments by way of a petition for review to the CTA within
thirty (30) days from receipt of a copy of the RTC’s
CHERITH A. BUCAL, vs. MANNY P. Order – the Court is constrained to deem the
BUCAL RTC’s dismissal of respondent’s collection case
759 SCRA 262, G.R. No. 206957, JUNE 17, against petitioner final and executory. It is settled
2015 that the perfection of an appeal in the manner and
within the period set by law is not only mandatory,
but jurisdictional as well, and that failure to perfect legally bound from that time to desist from what he
an appeal within the period fixed by law renders the is restrained and inhibited from doing, and will be
judgment appealed from final and executory. punished for a violation thereof, even though it
may not have served, or may have been served to
ADMINISTRATIVE LAW him defectively.
First Division; Court Personnel
REMEDIAL LAW
RE: REPORT OF ATTY. CARIDAD A. First Division
PABELLO, Chief of Office, Office of Res Judicata
Administrative Services-Office of the Court
Administrator (OAS-OCA), on Neglect of ROBERTO STA. ANA DY, JOSE ALAINEO
Duty of FERDINAND F. ANDRES, Human DY, and ALTEZA A. DY for themselves and
Resource Management Officer III, Regional as heirs/substitutes of deceased-petitioner
Trial Court (RTC)-Personnel Division, OAS- CHLOE ALINDOGAN DY, vs.
OCA, the Processor-in-Charge of BONIFACIO A. YU, SUSANA A. TAN, and
Appointment and the Alleged Erroneous SOLEDAD ARQUILLA substituting
Recording, Erasure, and Alteration of the deceased-respondent ROSARIO ARQUILLA
Performance Rating on the Record Book. 762 SCRA 357, G.R. No. 202632, JULY 08,
762 SCRA 26, A.M. No. 2014-07-SC, JULY 08, 2015
2015 Res judicata comprehends two concepts: (1) bar by
It is incumbent upon every government employee former judgment, and (2) conclusiveness of
to adapt all reasonable means to cope with the judgment. For res judicata to serve as an absolute
heavy workload, for the occupation demands no bar to a subsequent action, the following requisites
less than full and uncomplaining dedication to the must concur: (a) the former judgment or order
public service. The disciplining authority, the must be final; (b) the judgment or order must be on
Supreme Court in this case, is granted the the merits; (c) it must have been rendered by a court
discretion to consider mitigating circumstances in having jurisdiction over the subject matter and
the imposition of final penalty. These factors range, parties; and (d) there must be between the first and
among others, from the erring individual’s second actions, identity of parties, of subject
admission of guilt, remorse, length of service, or matter, and of causes of action. When there is no
high performance rating. identity of causes of action, but only an identity of
issues, there exists res judicata in the concept of
ADMINISTRATIVE LAW conclusiveness of judgment.
First Division
Sheriff
REMEDIAL LAW
CARMELO V. CACHERO, vs. UNITED First Division
OVERSEAS BANK PHILS. and/or Real Parties-In-Interest
WESTMONT BANK
762 SCRA 82, G.R. No. 180162, JULY 08, 2015 ANDY ANG, vs. SEVERINO PACUNIO,
A Sheriff performs a sensitive role in the TERESITA P. TORRALBA, SUSANA
dispensation of justice. He is duty-bound to know LOBERANES, CHRISTOPHER N.
the basic rules in the implementation of a writ of PACUNIO, and PEDRITO P. AZARCON,
execution and be vigilant in the exercise of that represented by their Attorney-in-Fact,
authority. While sheriffs have the ministerial duty GALILEO P. TORRALBA
to implement writs of execution promptly, they are 762 SCRA 411, G.R. No. 208928, JULY 08, 2015
bound to discharge their duties with prudence, The rule on real parties-in-interest has two (2)
caution, and attention which careful men usually requirements, namely: (a) to institute an action, the
exercise in the management of their affairs. Settled plaintiff must be the real party-in-interest; and (b)
is the rule that where a party has actual notice, no the action must be prosecuted in the name of the
matter how acquired, of an injunction clearly real party-in-interest. Interest within the meaning
informing him from what he must abstain, he is of the Rules of Court means material interest or an
interest in issue to be affected by the decree or enjoin the enforcement/implementation of the
judgment of the case, as distinguished from mere writ of possession, as what petitioners did in this
curiosity about the question involved. One having case. However, the RTC does not and cannot pass
no material interest cannot invoke the jurisdiction upon the question of title to the property, with any
of the court as the plaintiff in an action. When the character of finality, and can treat of the matter only
plaintiff is not the real party-in-interest, the case is as may be necessary to decide the question of
dismissible on the ground of lack of cause of action. whether or not the person in possession holds the
property adversely to the judgment obligor. If the
LABOR LAW claimant’s proofs do not persuade the court of the
First Division validity of his title or right of possession thereto,
Project Employees the claim will be denied.

DIONISIO DACLES, vs. MILLENIUM ADMINISTRATIVE LAW

ERECTORS CORPORATION and/or First Division
RAGAS TIU Violation of Reasonable Office Rules and
762 SCRA 420, G.R. No. 209822, JULY 08, Regulations
2015
For an employee to be considered project-based, TERESITA R. MARIGOMEN, Clerk of
the employer must show that: (a) the employee was Court, COURT OF APPEALS, MANILA, vs.
assigned to carry out a specific project or RONELO G. LABAR, Driver, Mailing and
undertaking; and (b) the duration and scope of Delivery Section, COURT OF APPEALS,
which were specified at the time the employee was CEBU STATION
engaged for such project. Being assigned to a 768 SCRA 15, A.M. No. CA-15-33-P, AUGUST
project or a phase thereof which begins and ends at 24, 2015
determined or determinable times, the services of Labar should be held liable for violation of
project employees may be lawfully terminated at reasonable office rules and regulations for his
the completion of such project or phase. unjustified presence at the maintenance section of
Consequently, in order to safeguard the rights of the CA-Cebu without official business thereat or
workers against the arbitrary use of the word without a valid pass slip from the Assistant Clerk
“project” to prevent them from attaining regular of Court. Likewise, he should be held liable for the
status, employers claiming that their workers are offense of gambling prohibited by law under the
project employees should prove that: (a) the same rules, for having committed gambling on the
duration and scope of the employment was same incident.
specified at the time they were engaged; and (b)
there was indeed a project. TAXATION LAW
First Division
REMEDIAL LAW Tax Refunds
First Division
Third Party Claims CE LUZON GEOTHERMAL POWER
COMPANY, INC., vs. COMMISSIONER OF
JE-AN SUPREME BUILDERS AND SALES INTERNAL REVENUE
CORPORATION, vs. PLANTERS 768 SCRA 269, G.R. Nos. 200841-42, AUGUST
DEVELOPMENT BANK 26, 2015
766 SCRA 463, G.R. No. 211742, AUGUST 12, The rule be that during the period December 20,
2015 2003 to October 6, 2010, taxpayers-claimants need
Where a parcel of land levied upon an execution is not observe the 120-day period before it could file
occupied by a party other than the judgment a judicial claim for refund of excess input VAT
debtor, the procedure is for the court to order a before the CTA. Before and after the
hearing to determine the nature of said adverse aforementioned period, the observance of the 120-
possession. The adverse third party may take other day period is mandatory and jurisdictional to the
legal remedies to prosecute his claim, such as filing of such claim.
invoking the supervisory power of the RTC to
REMEDIAL LAW
First Division
Preliminary Injunction
CRIMINAL LAW
SPOUSES ROMULO H. ESPIRITU and First Division
EVELYN ESPIRITU, vs. SPOUSES Rape
NICANOR SAZON and ANNALIZA G. PEOPLE OF THE PHILIPPINES, vs.
SAZON GODOFREDO COMBOY y CRONICO
785 SCRA 454, G.R. No. 204965, MARCH 02, 785 SCRA 512, G.R. No. 218399, MARCH 02,
2016 2016
A preliminary injunction is an order granted at any Statutory Rape is committed by having sexual
stage of an action or proceeding prior to the intercourse with a woman below twelve (12) years
judgment or final order requiring a party or a court, of age regardless of her consent, or lack of it, to the
an agency, or a person to refrain from a particular sexual act. Proof of force, threat. Or intimidation,
act or acts. Its essential role is preservative of the or consent of the offended party is unnecessary as
rights of the parties in order to protect the ability these are not elements of statutory rape,
of the court to render a meaningful decision, or in considering that the absence of free consent is
order to guard against a change of circumstances conclusively presumed when the victim is below
that will hamper or prevent the granting of the the age of twelve (12). The law presumes that the
proper relief after the trial on the merits. The grant offended party does not possess discernment and
or denial of a writ of preliminary injunction is is incapable of giving intelligent consent to the
discretionary upon the trial court because the sexual act.
assessment and evaluation of evidence towards that
end involve findings of fact left to the said court for REMEDIAL LAW
its conclusive determination. En Banc
Preliminary Investigation
CRIMINAL LAW
First Division JESSICA LUCILA G. REYES, vs. THE
Penalties HONORABLE OMBUDSMAN, JESSICA
LUCILA G. REYES, vs. THE HONORABLE
ROGER ALLEN BIGLER, vs. PEOPLE OF SANDIGANBAYAN (THIRD DIVISION)
THE PHILIPPINES and LINDA SUSAN and PEOPLE OF THE PHILIPPINES,
PATRICIA E. BARRETO JANET LIM NAPOLES, vs. CONCHITA
785 SCRA 479, G.R. No. 210972, MARCH 02, CARPIO-MORALES in her official capacity
2016 as OMBUDSMAN, PEOPLE OF THE
In a catena similar cases where the accused failed to PHILIPPINES, and SANDIGANBAYAN, JO
perfect their appeal on their respective judgments CHRISTINE NAPOLES and JAMES
of convictions, the Court corrected the penalties CHRISTOPHER NAPOLES, vs.
imposed notwithstanding the finality of the CONCHITA CARPIO-MORALES, in her
decisions because they were outside the range of official capacity as OMBUDSMAN, PEOPLE
penalty prescribed by the law. There is thus, no OF THE PHILIPPINES, and
reason to deprive petitioner of the relief afforded SANDIGANBAYAN, JO CHRISTINE
the accused in the aforesaid similar cases. A NAPOLES and JAMES CHRISTOPHER
sentence which imposes upon the defendant in a NAPOLES, vs. SANDIGANBAYAN and
criminal prosecution a penalty in excess of the PEOPLE OF THE PHILIPPINES, JOHN
maximum which the court is authorized by law to RAYMUND DE ASIS, vs. CONCHITA
impose for the offense for which the defendant was CARPIO-MORALES, in her official capacity
convicted, is void for want or excess of jurisdiction as OMBUDSMAN, PEOPLE OF THE
as to the excess. PHILIPPINES, and SANDIGANBAYAN
(THIRD DIVISION)
 787 SCRA 354, G.R. Nos. 212593-94., 213163- court. Points of law, theories, issues and arguments
78, 213540-41, 213542-43, 215880-94, 213475-76, not brought to the attention of the lower court
MARCH 15, 2016 need not be considered by a reviewing court, as
A preliminary investigation is not the occasion for they cannot be raised for the first time at that late
the full and exhaustive display of the prosecution’s stage.
evidence, and that the presence or absence of the
elements of the crime is evidentiary in nature and is LABOR LAW
a matter of defense that may be passed upon after Second Division
a full-blown trial on the merits. Therefore, the Due Process
validity and merits of a party’s defense or
accusation, as well as the admissibility of LEI SHERYLL FERNANDEZ, vs. BOTICA
testimonies and evidence, are better ventilated CLAUDIO represented by GUADALUPE
during trial proper than at the preliminary JOSE
investigation level. 733 SCRA 133, G.R. No. 205870, AUGUST 13,
2014
LEGAL ETHICS Jose eventually participated in the appeal
En Banc proceedings by filing not only one but two motions
Attorneys for reconsideration from the NLRC Resolution,
CHAMELYN A. AGOT, vs. ATTY. LUIS P. thereby negating any supposed denial of due
RIVERA process on her part. The availment of the
732 SCRA 12, A.C. No. 8000, AUGUST 05, opportunity to seek reconsideration of the action
2014 or ruling complained of in labor cases amounts to
Respondent misrepresented himself as an due process.
immigration lawyer which resulted to complainant
seeking his assistance when in truth he had no ADMINISTRATIVE LAW
specialization in immigration law but merely had a First Division
contact. His deception is not only unacceptable, Immorality
disgraceful, and dishonorable to the legal
profession and reveals a basic flaw that makes him DOROTHY FE MAH-AREVALO, vs.
unfit to practice law. JUDGE CELSO L. MANTUA, REGIONAL
TRIAL COURT OF PALOMPON, LEYTE,
REMEDIAL LAW BRANCH 17
Second Division 740 SCRA 567, A.M. No. RTJ-13-2360,
Appeals NOVEMBER 19. 2014
Immorality has been defined to include not only
CARIDAD RODRIGUEZA, as substituted by sexual matters but also conduct inconsistent with
RUFINO RODRIGUEZA, vs. DOMINGO rectitude, or indicative of corruption, indecency,
ALIBIN, as substituted by his heirs, namely: depravity, and dissoluteness; r is willful, flagrant, or
BEATRIZ A. TORZAR, VIRGINIA A. shameless conduct showing moral indifference to
TARAYA, ROSARIO A. MARCO, JESUS A. opinions of respectable members of the
ALIBIN, and JAY ALIBIN, as substituted by community, and an inconsiderate attitude toward
his children, namely: JAYNES ALIBIN, JAY good order and public welfare. There is no doubt
ALIBIN, and JESUS ALIBIN, JR. that engaging in an extramarital affair is not only a
733 SCRA 1, G.R. No. 196129, AUGUST 13, violation of the moral standards expected of the
2014 members and employees of the judiciary but is also
The Supreme Court is not a trier of facts and, a desecration of the sanctity of the institution of
hence, does not normally undertake the marriage which the Supreme Court abhors and is,
reexamination of the evidence presented by the thus, punishable.
contending parties during the trial of the case,
considering that the factual findings of the CA are REMEDIAL LAW
generally conclusive and binding on the Court, First Division
especially if they do not contradict those of the trial Certiorari
 CENTRAL BICOL STATE UNIVERSITY NORWEGIAN CREW MANAGEMENT
OF AGRICULTURE, represented by its A/S, vs. CESAR C. PELAGIO
President, ATTY. MARIO T. BERNALES, 766 SCRA 447, G.R. No. 211302, AUGUST 12,
vs. PROVINCE OF CAMARINES SUR, 2015
represented by GOVERNOR LUIS A compromise agreement is a contract whereby the
RAYMUND F. VILLAFUERTE, JR. and parties, by making reciprocal concessions, avoid a
GAWAD KALINGA FOUNDATION, INC. litigation or put an end to one already commenced.
represented by its Executive Director, JOSE Once entered into, it has the effect and the
LUIS OQUIÑENA, and its Camarines Sur authority of res judicata upon the parties. A valid
Chapter Head, HARRY AZANA compromise agreement may render a pending case
764 SCRA 394, G.R. No. 210861, JULY 29, 2015 moot and academic. However, the parties may opt
As a general rule, a petition for certiorari must be to put therein clauses, conditions, and the like that
filed strictly within sixty (60) days from notice of would prevent a pending case from becoming moot
judgment or from the order denying a motion for and academic – such as when the execution of such
reconsideration. Under exceptional cases, the agreement is without prejudice to the final
Court has held that the 60-day period may be disposition of the said case.
extended subject to the court’s sound discretion.
There should be an effort on the part of the party CIVIL LAW
invoking liberality to advance a reasonable or First Division
meritorious explanation for his/her failure to Common Carriers
comply with the rules.
G.V. FLORIDA TRANSPORT, INC., vs.
HEIRS OF ROMEO L. BATTUNG, JR.,
represented by ROMEO BATTUNG, SR.
772 SCRA 579, G.R. No. 208802, OCTOBER
14, 2015
The law exacts from common carriers the highest
LABOR LAW degree of diligence – extraordinary diligence – in
First Division ensuring the safety of its passengers. However, the
Resignation law provides a lesser degree of diligence – diligence
CENTRAL AZUCARERA DE BAIS, INC. of a good father of the family – for injuries suffered
and ANTONIO STEVEN L. CHAN, vs. by a passenger on account of willful acts or
JANET T. SIASON negligence of other passengers or strangers in
764 SCRA 494, G.R. No. 215555, JULY 29, 2015 assessing the existence of any culpability on the
Resignation is the formal pronouncement or common carrier’s part.
relinquishment of a position or office. It is the
voluntary act of an employee. The intent to LABOR LAW
relinquish must concur with the overt act of First Division
relinquishment. While it may be said that she did Termination of Employment
not tender her resignation wholeheartedly, she
voluntarily resigned from her job in order to avoid MELVIN P. MALLO, vs. SOUTHEAST
a full-blown administrative trial regarding her ASIAN COLLEGE, INC. and EDITA
misdeeds which could potentially result in her ENATSU
termination for just cause. 772 SCRA 657, G.R. No. 212861, OCTOBER
14, 2015
CIVIL LAW Mallo’s filing of a complaint for illegal dismissal,
First Division coupled with his prior acts of actively inquiring
Compromise Agreements about his teaching load, negate any intention on his
part to sever his employment. Abandonment of
PHILIPPINE TRANSMARINE CARRIERS, position is a matter of intention and cannot be
INC., CARLOS C. SALINAS, and lightly inferred, much less legally presumed, from
certain equivocal acts. Since Mallo was not
dismissed and that he never abandoned his job, it is CRIMINAL LAW
only proper for him to report back to work and for First Division
respondents to reinstate him to his former position Estafa through Misappropriation
or a substantially equivalent one in its stead.
PAZ CHENG y CHU, vs. PEOPLE OF THE
PHILIPPINES
780 SCRA 347, G.R. No. 174113, JANUARY 13,
CIVIL LAW 2016
First Division The right to a commission only establishes the
Mortgages relation of principal and agent, with the agent
MAYBANK PHILIPPINES, INC. (formerly coming under the obligation to turn over to the
PNB-Republic Bank), vs. SPOUSES OSCAR principal the amount collected minus such
and NENITA TARROSA commission. If the agent should retain more than
772 SCRA 670, G.R. No. 213014, OCTOBR 14, the commission, she would be guilty of estafa
2015 through misappropriation. Yet, because the
An action to enforce a right arising from a transaction between Rodriguez and the petitioner
mortgage should be enforced within ten (10) years was a sale, the former effectively transferred to the
from the time the right of action accrues, i.e., when latter the possession and the ownership of the
the mortgagor defaults in the payment of his items of jewelry. Once the ownership of the jewelry
obligation to the mortgagee. It is not sufficient that became vested in the latter, she could not
the law or obligation fixes a date for performance. misappropriate the items of jewelry.
It must further state expressly that after the period
lapses, default will commence. It is only when REMEDIAL LAW
demand to pay is unnecessary or when required, First Division
such demand is made and subsequently refused that Lis Pendens
the mortgagor can be considered in default and the
mortgagee obtains the right to file an action to SPOUSES RAMON and LIGAYA
collect the debt or foreclose the mortgage. GONZALES, vs. MARMAINE REALTY
CORPORATION, represented by MARIANO
ADMINISTRATIVE LAW MANALO
First Division 781 SCRA 63, G.R. No. 214241, JANUARY 13,
Moonlighting 2016
Founded upon public policy and necessity, lis
ANTONIO A. FERNANDEZ, vs. MILA A. pendens is intended to keep the properties in
ALER-TA litigation within the power of the court until
780 SCRA 248, A.M. No. P-15-3344, litigation is terminated; and to prevent the defeat of
JANUARY 13, 2016 the judgment or decree by subsequent alienation.
Moonlighting is denominated as the light offense Its notice is an announcement to the whole world
of “the pursuit of a private business or vocation that a particular property is in litigation and serves
without the permission required under the Civil as a warning that one who acquires an interest over
Service rules and regulations.” In dealing and said property does so at his own risk or that he
transacting with external government agencies, her gambles on the result of the litigation over said
engagement was clearly in pursuit of a private property.
business venture, akin to the services offered by
real estate brokers. She not only expended her time REMEDIAL LAW
and effort which should have been devoted to the First Division
performance of her official functions, but she had Information
also tainted the integrity of her office by giving the GIRLIE M. QUISAY, vs. PEOPLE OF THE
impression that she could have wielded her PHILIPPINES
authority or influence in exchange for unofficial 781 SCRA 98, G.R. No. 216920, JANUARY 13,
favors. 2016
As a general rule, complaints or informations filed CIVIL LAW
before the courts without the prior written First Division
authority or approval of the foregoing authorized Sales
officers renders the same defective and, therefore,
subject to quashal. The filing of an Information by EQUITABLE SAVINGS BANK (now known
an officer without the requisite authority to file the as the merged entity “BDO Unibank, Inc.”),
same constitutes a jurisdictional infirmity which vs. ROSALINDA C. PALCES
cannot be cured by silence, waiver, acquiescence, or 787 SCRA 260, G.R. No. 214752, MARCH 09,
even by express consent. Hence, such ground may 2016
be raised at any stage of the proceedings. The respondent never bought the subject vehicle
from petitioner but from a third party, and merely
LEGAL ETHICS sought financing from petitioner for its full
En Banc purchase price. In order to document the loan
Code of Professional Responsibility transaction, a Promissory Note with Chattel
Mortgage was executed wherein, inter alia,
SPOUSES JONATHAN and ESTER respondent acknowledged her indebtedness to
LOPEZ, vs. ATTY. SINAMAR E. LIMOS petitioner. There was no vendor-vendee
782 SCRA 609, A.C. No. 7618, FEBRUARY 02, relationship since a loan contract with accessory
2016 chattel mortgage contract – and not a contract of
Undoubtedly, the Court’s patience has been tested sale of personal property in installments – was
to the limit by what in hindsight amount to a entered into by the parties.
lawyer’s impudence and disrespectful bent. At the
minimum, members of the legal fraternity owe CIVIL LAW
courts of justice respect, courtesy, and such other First Division
becoming conduct essential in the promotion of Family Law
orderly, impartial, and speedy justice. The blatant REPUBLIC OF THE PHILIPPINES, vs.
disregard on directives of the Investigating NILDA B. TAMPUS
Commissioner of IBP to attend the mandatory 787 SCRA 563, G.R. No. 214243, MARCH 16,
conference and to submit a position paper, such 2016
audacity caused undue delay in the resolution of the The premise of the Family Code places upon the
instant administrative case and contravenes the present spouse the burden of complying with the
Code of Professional Responsibility. stringent requirement of “well-founded belief’
which can only be discharged upon a showing of
REMEDIAL LAW proper and honest-to-goodness inquiries and
First Division efforts to ascertain not only the absent spouse’s
Mandamus whereabouts. But more importantly, whether the
latter is still alive or is already dead.
FELICITO M. MEJORADO, vs. HON.
FLORENCIO B. ABAD, in his capacity as AGRARIAN REFORM
the Secretary of the Department of Budget First Division
and Management Agrarian Leasehold Relationship
787 SCRA 249, G.R. No. 214430, MARCH 09,
2016 CITA C. PEREZ, vs. FIDEL D. AQUINO
Mandamus will not issue to enforce a right which is 787 SCRA 581, G.R. No. 217799, MARCH 16,
in substantial dispute or to which a substantial 2016
doubt exists. The writ of mandamus may only issue The existence of an agricultural leasehold
if the party claiming it has a well-defined, clear, and relationship is not terminated by changes in
certain legal right to the thing demanded, and that ownership in case of sale, since the purpose of the
it was the imperative duty of respondent to law is to strengthen the security of tenure of
perform the act required to accord the same upon tenants. This notwithstanding, petitioner, as the
him. new owner is bound to respect and maintain
respondent as tenant of the subject land because of
the latter’s tenancy right attached to the land PHILIPPINE AIRLINES, INC., vs.
regardless of who its owner may be. ALEXANDER P. BICHARA
769 SCRA 139, G.R. No. 213729,
LABOR LAW SEPTEMBER 02, 2015
First Division Already settled is the illegality of Bichara’s
Termination of Employment demotion with finality, he should be awarded the
salary differential of a flight purser from a flight
UNIVERSAL ROBINA SUGAR MILLING steward from the time of his illegal demotion up
CORPORATION, vs. ELMER ABLAY, until he was retrenched. The award of salary
ILDEFONSO CLAVECILLAS, STANLEY differential is not dependent on the validity of his
BLAZA, VINCENT VILLAVICENCIO, termination as it is intrinsically linked to the
ROBERTO CACAS, and ELSA CADAYUNA, illegality of his Demotion. With this direct relation,
in behalf of her deceased husband, there should be no obstacle in rendering this award.
ELEAZAR CADAYUNA
787 SCRA 593, G.R. No. 218172, MARCH 16, LABOR LAW
2016 First Division
Ablay’s conviction as an accomplice to the murder Termination of Employment
of petitioner’s former assistant manager had
strained the relationship between Ablay and CEBU PEOPLE’S MULTI-PURPOSE
petitioner. Ablay should not be reinstated in the COOPERATIVE and MACARIO G.
company instead be paid separation pay, as QUEVEDO, vs. NICERATO E.
reinstatement would only create an atmosphere of CARBONILLA, JR.
antipathy. It should be clarified that said strained 782 SCRA 418, G.R. No. 212070, JANUARY
relation should not affect the grant of benefits in 27, 2016
his favor prior to his conviction, as the latter Employers are allowed a wider latitude of
pertains to an offense entirely separate and distinct discretion in terminating the services of employees
from the acts constituting petitioner’s charges who perform functions by which their nature
against him. requires the employer’s full trust and confidence.
Mere existence of basis for believing that the
LABOR LAW employee has breached trust and confidence of the
First Division employer is sufficient and does not require proof
Termination of Employment beyond reasonable doubt. Thus, when an employee
has been guilty of breach of trust or his employer
CRISPIN B. LOPEZ, vs. IRVINE has ample reason to distrust him, a labor tribunal
CONSTRUCTION CORP. and TOMAS SY cannot deny the employer the authority to dismiss
SANTOS him.
733 SCRA 589, G.R. No. 207253, AUGUST 20,
2014 AGRARIAN REFORM
Lopez is a regular and not a project employee. The First Division
supposed layoff of Lopez was hardly justified Expropriation Proceedings
considering the absence of any causal relation
between the cessation of Irvine’s project with the LAND BANK OF THE PHILIPPINES, vs.
suspension of Lopez’s work. The continuation of EDGARDO L. SANTOS, represented by his
his engagement with Irvine, either in Cavite or in assignee, ROMEO L. SANTOS, EDGARDO
any of its business locations should not have been L. SANTOS, represented by his assignee,
affected by the culmination of the Cavite project ROMEO L. SANTOS, vs. LAND BANK OF
alone. THE PHILIPPINES
782 SCRA 441, G.R. Nos. 213863 & 214021,
LABOR LAW JANUARY 27, 2016
First Division In expropriation cases, interest is imposed if there
Demotion is delay in the payment of just compensation to the
landowner since the obligation is deemed to be an
effective forbearance on the part of the State. Such
interest shall be pegged at the rate of twelve percent ADMINISTRATIVE LAW
(12%) per annum on the unpaid balance of the just First Division
compensation, reckoned from the time of taking, Revised Rules on Administrative Cases in the
or the time when the landowner was deprived of Civil Service
the use and benefit of his property until full
payment. OFFICE OF THE OMBUDSMAN-FIELD
INVESTIGATION OFFICE, vs. ROLANDO
LABOR LAW B. FALLER
First Division 792 SCRA 361, G.R. No. 215994, JUNE 06,
Length of Service 2016
Under the Revised Rules of Administrative Cases
SECURITY BANK SAVINGS in the Civil Service, if the respondent is found guilty
CORPORATION (formerly PREMIERE of two (2) or more charges, the penalty for the most
DEVELOPMENT BANK)/HERMINIO M. serious charge shall be imposed and the other
FAMATIGAN, JR., vs. CHARLES M. charges shall be considered as aggravating
SINGSON circumstances. Likewise, the maximum of the
784 SCRA 30, G.R. No. 214230, FEBRUARY penalty shall be imposed where only aggravating
10, 2016 and no mitigating circumstances are present.
The fact that private respondent served petitioner
for more than twenty years with no negative record AGRARIAN REFORM
prior to his dismissal does not call for such award Special First Division
of benefits, since his violation reflects a regrettable Just Compensation
lack of loyalty and worse, betrayal of the company.
If an employee’s length of service is to be regarded LAND BANK OF THE PHILIPPINES, vs.
as a justification for moderating the penalty of ALFREDO HABABAG, SR., substituted by
dismissal, such gesture will actually become a prize his wife, CONSOLACION, and children,
for disloyalty, distorting the meaning of social namely: MANUEL, SALVADOR, WILSON,
justice and undermining the efforts of labor to JIMMY, ALFREDO, JR., and JUDITH, all
cleanse its ranks of undesirables. Length of Service surnamed HABABAG, ALFREDO
is not a bargaining chip that can simply be stacked HABABAG, SR., substituted by his wife,
against the employer. CONSOLACION, and children, namely:
MANUEL, SALVADOR, WILSON, JIMMY,
REMEDIAL LAW ALFREDO, JR., and JUDITH, all surnamed
First Division HABABAG, vs. LAND BANK OF THE
Appeals PHILIPPINES and the DEPARTMENT OF
AGRARIAN REFORM
SPOUSES EDMOND LEE and HELEN 792 SCRA 399, G.R. Nos. 172352 & 172387-88,
HUANG, vs. LAND BANK OF THE JUNE 08, 2016
PHILIPPINES The Court had illuminated that the substantiality of
784 SCRA 342, G.R. No. 218867, FEBRUARY the payments made by the LBP is not the
17, 2016 determining factor in the imposition of interest as
The requirement of paying the full amount of the nothing less than full payment of just
appellate docket fees within the prescribed period compensation is required. The value of the
is not a mere technicality of law or procedure. The landholdings themselves should be equivalent to
payment of docket fees within the prescribed the principal sum of the just compensation due, and
period is mandatory for the perfection of an appeal. that interest is due and should be paid to
Without such payment, the appeal is not perfected. compensate for the unpaid balance of this principal
The appellate court does not acquire jurisdiction sum after the taking has been completed.
over the subject matter of the action and the
Decision sought to be appealed from becomes final ADMINISTRATIVE LAW
and executory. First Division
Government-Owned and Controlled The execution of a public instrument gives rise only
Corporations to a prima facie presumption of delivery, which is
negated by the failure of the vendee to take actual
FIRST MEGA HOLDINGS CORP., vs. GUI- possession of the land sold. A person who does not
GUINTO WATER DISTRICT have actual possession of the thing sold cannot
792 SCRA 670, G.R. No. 208383, JUNE 08, transfer constructive possession by the execution
2016 and delivery of a public instrument.
Government-owned or controlled corporations,
their subsidiaries, other corporate offsprings, and CRIMINAL LAW
government acquired asset corporations are not First Division
allowed to engage the legal services of private Pardon
counsels. The OGCC shall act as the principal law
office of GOCCs unless their respective charters RUBEN E. TIU, vs. HON. NATIVIDAD G.
expressly name the Office of the Solicitor General DIZON, Acting Chairperson of the Board of
(OSG) as their legal counsel. Nonetheless, in Pardons and Parole, HON. FRANKLIN
exceptional cases, private counsel can be hired with JESUS BUCAYU, Director of the Bureau of
the prior written conformity and acquiescence of Corrections, HON. SECRETARY LEILA M.
the Solicitor General or the Government DE LIMA of the Department of Justice,
Corporate Counsel, and the prior written HON. PAQUITO N. OCHOA JR., the
concurrence of the Commission on Audit. Executive Secretary
793 SCRA 595, G.R. No. 211269, JUNE 15,
REMEDIAL LAW 2016
First Division A contract between the sovereign power of the
Civil Liability Chief Executive and the convicted criminal to the
effect that the former will release the latter subject
JOSE BURGOS, JR., vs. SPOUSES ELADIO to the condition that if he does not comply with the
SJ. NAVAL and ARLINA B. NAVAL, and terms of the pardon, he will be recommitted to
AMALIA B. NAVAL prison to serve the unexpired portion of the
793 SCRA 120, G.R. No. 219468, JUNE 08, sentence or an additional one. The grant of pardon
2016 and the determination of the terms and conditions
The RTC did not render any ruling that the act or of a conditional pardon are purely executive acts
omission from which the civil liability may arise did which are not subject to judicial scrutiny.
not exist. The RTC granted the motion to quash
and thereby dismissed the criminal case on the sole REMEDIAL LAW
ground of prescription. Any misgivings regarding First Division
the propriety of that disposition is for the people, Voidable Judgments
thru the OSG, and not for Burgos to argue. Burgos’
remedy is to institute a civil case under the TERESITA TAN, vs. JOVENCIO F.
parameters of the Rules of Criminal Procedure. CINCO, SIMON LORI HOLDINGS, INC.,
PENTACAPITAL INVESTMENT
CIVIL LAW CORPORATION, FORTUNATO G. PE,
First Division RAYMUNDO G. PE, JOSE REVILLA
Property REYES, JR., and DEPUTY SHERIFF
ROMMEL IGNACIO
HEIRS OF JOSE EXTREMADURA, 793 SCRA 610, G.R. No. 213054, JUNE 15,
represented by ELENA H. 2016
EXTREMADURA, vs. MANUEL A judgment rendered by a court without
EXTREMADURA and MARLON jurisdiction is null and void and may be attacked
EXTREMADURA anytime. It creates no rights and produces no effect.
793 SCRA 581, G.R. No. 211065, JUNE 15, It remains a basic fact in law that the choice of the
2016 proper forum is crucial, as the decision of a court
or tribunal without jurisdiction is a total nullity. A
void judgment for want of jurisdiction is no organization. It would be the employees of CESCO
judgment at all. All acts performed pursuant to it who are entitled to seek the foregoing reliefs since
and all claims emanating from it have no legal in cases of labor-only contracting, the person or
effect. intermediary shall be considered merely as an agent
of the employer who shall be responsible to the
AGRARIAN REFORM workers in the same manner and extent as if the
First Division latter were directly employed by him. However,
Just Compensation they have not been impleaded in these cases.

LAND BANK OF THE PHILIPPINES, vs. MERCANTLE LAW

APOLONIO KHO, represented by his heirs, First Division
namely: PERLA LUZ, KRYPTON, KOSELL, Corporate Rehabilitation
KYRIN, and KELVIN, all surnamed KHO
793 SCRA 651, G.R. No. 214901, JUNE 15, PHILIPPINE ASSET GROWTH TWO, INC.
2016 (Successor-in-Interest of Planters
For purposes of determining just compensation, Development Bank) and PLANTERS
the fair market value of an expropriated property is DEVELOPMENT BANK, vs. FASTECH
determined by its character and its price at the time SYNERGY PHILIPPINES, INC. (formerly
of the taking, or the time when the landowner was First Asia System Technology, Inc.),
deprived of the use and benefit of his property, FASTECH MICROASSEMBLY & TEST,
such as when the title is transferred in the name of INC., FASTECH ELECTRONIQUE, INC.,
the beneficiaries. and FASTECH PROPERTIES, INC.
794 SCRA 625, G.R. No. 206528, JUNE 28,
LABOR LAW 2016
First Division A distressed corporation should not be
Labor-only Contracting rehabilitated when the results of the financial
examination and the analysis clearly indicate that
CAGAYAN ELECTRIC POWER & LIGHT there lies no reasonable probability that it may be
COMPANY, INC. (CEPALCO) and revived, to the detriment of its numerous
CEPALCO ENERGY SERVICES stakeholders which include not only the
CORPORATION (CESCO), formerly corporation’s creditors but also the public at large.
CEPALCO ENERGY SERVICES &
TRADING CORPORATION (CESTCO), vs. CIVIL LAW
CEPALCO EMPLOYEE’S LABOR UNION- First Division
ASSOCIATED LABOR UNIONS-TRADE Interest Rates
UNION CONGRESS OF THE
PHILIPPINES (TUCP), CAGAYAN NYMPHA S. ODIAMAR, vs. LINDA
ELECTRIC POWER & LIGHT COMPANY, ODIAMAR VALENCIA
INC. (CEPALCO) and CEPALCO ENERGY 795 SCRA 18, G.R. No. 213582, JUNE 28, 2016
SERVICES CORPORATION (CESCO), It is fundamental that for monetary interest to be
formerly CEPALCO ENERGY SERVICES & due, there must be an express written agreement
TRADING CORPORATION (CESTCO), vs. therefor. The lack of a written stipulation to pay
CEPALCO EMPLOYEE’S LABOR UNION- interest on the loaned amount bars a creditor from
ASSOCIATED LABOR UNIONS-TRADE charging monetary interest and the collection
UNION CONGRESS OF THE interest without any stipulation therefor in writing
PHILIPPINES (TUCP) is prohibited by law.
794 SCRA 95, G.R. Nos. 211015 & 213835,
JUNE 20, 2016
Labor-only contracting is considered as a form of LABOR LAW
unfair labor practice when the same is devised by First Division
the employer to interfere with, restrain or coerce Nominal Damages
employees in the exercise of their rights of self-
 ARMANDO N. PUNCIA, vs. TOYOTA COMMISSIONER OF INTERNAL
SHAW/ PASIG, INC. REVENUE, vs. CBK POWER COMPANY
795 SCRA 32, G.R. No. 214399, JUNE 28, 2016 LIMITED
While Toyota afforded Puncia the opportunity to 746 SCRA 93, G.R. Nos. 193407-08, JANUARY
refute the charge of gross inefficiency against him, 14, 2015
the latter was completely deprived of the same The application for a tax treaty relief from the BIR
when he was dismissed for gross insubordination – should merely operate to confirm the entitlement
a completely different ground from what was stated of the taxpayer to the relief. Since CBK Power had
in the Notice to Explain. Considering that Toyota requested for confirmation from the ITAD before
had dismissed Puncia for a just cause, albeit failed it filed its administrative claim for refund of its
to comply with the proper procedural excess final withholding taxes, the same should be
requirements, the former should pay the latter deemed substantial compliance. To rule otherwise
nominal damages. would defeat the purpose of the NIRC in providing
the taxpayer a remedy for erroneously paid tax
MERCANTILE LAW solely on the ground of failure to make prior
Special First Division application for tax treaty relief.
Corporations

RICHARD K. TOM, vs. SAMUEL N.

RODRIGUEZ
797 SCRA 60, G.R. No. 215764, JULY 13, 2016
Contracts or acts of a corporation must be made
either by the board of directors or by the corporate
agent duly authorized by the board. Absent such REMEDIAL LAW
valid delegation/authorization, the rule is that the First Division
declarations of an individual director relating to the Venue
affairs of the corporation, but not in the course of,
or connected with, the performance of authorized VIRGILIO C. BRIONES, vs. COURT OF
duties of such director, are held not binding on the APPEALS and CASH ASIA CREDIT
corporation. CORPORATION
746 SCRA 240, G.R. No. 204444, JANUARY
CRIMINAL LAW 14, 2015
First Division Written stipulations as to venue may be restrictive
Death of the Accused in the sense that the suit may be filed only in the
place agreed upon, or merely permissive in that the
PEOPLE OF THE PHILIPPINES, vs. parties may file their suit not only in the place
ALVIN CENIDO y PICONES and agreed upon but also in the places fixed by law. As
REMEDIOS CONTRERAS y CRUZ regards restrictive stipulations on venue,
797 SCRA 102, G.R. No. 210801, JULY 18, 2016 jurisprudence instructs that it must be shown that
As Remedios’ death transpired before the such stipulation is exclusive. In the absence of
promulgation of the Court’s Resolution, her qualifying or restrictive words, the stipulation
criminal liability is totally extinguished. should be deemed as merely an agreement on an
Consequently, Remedios’ death renders the Court’s additional forum, not as limiting venue to the
Resolution irrelevant and ineffectual as to her, and specified place.
is therefore set aside. The criminal case against
Remedios is dismissed. CRIMINAL LAW
First Division
TAXATION LAW Ponzi Scheme
First Division
Tax Refunds PEOPLE OF THE PHILIPPINES, vs.
PALMY TIBAYAN and RICO Z. PUERTO
 746 SCRA 259, G.R. Nos. 209655-60,
JANUARY 14, 2015
TGICI’s modus operandi of inducing the public to
invest in it on the undertaking that their investment
would be returned with a very high monthly
interest rate. The directors/incorporators of
TGICI knew from the start that TGICI is operating TAXATION LAW
without any paid-up capital and has no clear trade First Division
by which it can pay the assured profits to its Tax Refund
investors, they cannot comply with their guarantee
and had to simply abscond with their investor’s PANAY POWER CORPORATION (formerly
money. TGICI engaged in a Ponzi Scheme AVON RIVER POWER HOLDINGS
resulting in the defraudation of the TGICI CORPORATION), vs. COMMISSIONER
investors. OF INTERNAL REVENUE
746 SCRA 588, G.R. No. 203351, JANUARY
REMEDIAL LAW 21, 2015
First Division During the period December 10, 2003 to October
Judgment 6, 2010, taxpayers-claimants need not observe the
120-day period before it could file a judicial claim
EDMUND SIA, vs. WILFREDO ARCENAS, for refund of excess input VAT before the CTA.
FERNANDO LOPEZ, and PABLO As such, it need not wait for the expiration of the
RAFANAN 120-day period before filing its judicial claim before
746 SCRA 272, G.R. Nos. 209672-74, the CTA.
JANUARY 14, 2015
Had the petitioner pursued an action for ejectment CIVIL LAW
or reconveyance, the issuance of writs of First Division
possession and demolition would have been Joint Tortfeasors
proper, but not in a special civil action for
mandamus. Orders pertaining to execution of RUKS KONSULT AND CONSTRUCTION,
judgments must substantially conform to the vs. ADWORLD SIGN AND ADVERTISING
dispositive portion of the decision sought to be CORPORATION and TRANSWORLD
executed. As such, it may not vary, or go beyond MEDIA ADS, INC.
the terms of the judgment it seeks to enforce. 746 SCRA 622, G.R. No. 204866, JANUARY
21, 2015
CRIMINAL LAW Transworld and Ruks are guilty of negligence in the
First Division construction of the former’s billboard, and
Complex Crimes perforce, should be held liable for its collapse and
the resulting damage to Adworld’s billboard
ROGELIO J. GONZAGA, vs. PEOPLE OF structure. As joint tortfeasors, they are solidarily
THE PHILIPPINES liable to Adworld. Joint tortfeasors are each liable
746 SCRA 551, G.R. No. 195671, JANUARY 21, as principals, to the same extent and in the same
2015 manner as if they had performed the wrongful act
Rogelio was charged with the offense of Reckless themselves.
Imprudence Resulting to Homicide with Double
Serious Physical Injuries and Damage to Property. LABOR LAW
The RPC provides that when a single act First Division
constitutes to or more grave or less grave felonies, Seafarers
or when an offense is a necessary means for
committing the other, the penalty for the most JOSE RUDY L. BAUTISTA, vs. ELBURG
serious crime, in this case, Reckless Imprudence SHIPMANAGEMENT PHILIPPINES,
Resulting to Homicide, shall be imposed, the same INC., AUGUSTEA SHIPMANAGEMENT
to be applied in its maximum period.
 ITALY, and/or Captain ANTONIO S. For the Court to hold that the Amended
NOMBRADO Information sufficiently vested jurisdiction in the
767 SCRA 657, G.R. No. 206032, AUGUST 19, courts of Makati simply because the defamatory
2015 article was first accessed therein would open the
It is not required that the employment of the floodgates to the libel suit being filed in all other
petitioner as Chief cook should be the sole factor locations where the pepcoalition website is likewise
in the development of his hypertensive accessed or capable of being accessed.
cardiovascular disease so as to entitle him to claim
the benefits provided therefor. It suffices that his REMEDIAL LAW
employment as such had contributed, even in a First Division
small degree, to the development of the disease. Presumption of Regularity
Thus, it is safe to presume that, at the very least, the
nature of petitioner’s employment had contributed CONSULAR AREA RESIDENTS
to the aggravation of his illness, considering that as ASSOCIATION, INC., represented by its
Chief Cook, he was exposed to constant President BENJAMIN V. ZABAT, ROMEO
temperature changes, stress, and physical strain. JUGADO, JR., and NANCY QUINO, vs.
ARNEL PACIANO D. CASANOVA, ENGR.
CRIMINAL LAW TOMAS Y. MACROHON, LOCAL
First Division HOUSING BOARD OF TAGUIG CITY, and
Libel the CITY GOVERNMENT OF TAGUIG
789 SCRA 209, G.R. No. 202618, APRIL 12,
MALAYAN INSURANCE COMPANY, INC. 2016
and HELEN Y. DEE, vs. PHILIP PICCIO, The presumption of regularity of official acts may
MIA GATMAYTAN, MA. ANNABELLA be rebutted by affirmative evidence of irregularity
RELOVA SANTOS, JOHN JOSEPH or failure to perform a duty. The presumption,
GUTIERREZ, JOCELYN UPANO, JOSE however, prevails until it is overcome by no less
DIZON, ROLANDO PAREJA, WONINA M. than a clear and convincing evidence to the
BONIFACIO, ELVIRA CRUZ, CORNELIO contrary. Thus, unless the presumption is rebutted,
ZAFRA, VICENTE ORTUOSTE, it becomes conclusive. Every reasonable
VICTORIA GOMEZ JACINTO, JUVENCIO intendment will be made in support of the
PERECHE, JR., RICARDO LORAYES, presumption and in case of doubt as to an officer’s
PETER C. SUCHIANCO, and TRENNIE act being lawful or unlawful, construction should
MONSOD; MALAYAN INSURANCE be in favor of its lawfulness.
COMPANY, INC., vs. PHILIP PICCIO, MIA
GATMAYTAN, MA. ANNABELLA LEGAL ETHICS
RELOVA SANTOS, JOHN JOSEPH En Banc
GUTIERREZ, JOCELYN UPANO, JOSE Attorneys
DIZON, ROLANDO PAREJA, WONINA M.
BONIFACIO, ELVIRA CRUZ, CORNELIO PHILCOMSAT HOLDINGS
ZAFRA, VICENTE ORTUOSTE, CORPORATION, duly represented by
VICTORIA GOMEZ JACINTO, JUVENCIO ERLINDA I. BILDNER, vs. ATTY. LUIS K.
PERECHE, JR., RICARDO LORAYES, LOKIN, JR. and ATTY. SIKINI C.
PETER C. SUCHIANCO, and TRENNIE LABASTILLA
MONSOD 790 SCRA 173, A.C. No. 11139, APRIL 19, 2016
789 SCRA 93, G.R. Nos. 203370 & 215106, Since the indirect contempt case is criminal in
APRIL 11, 2016 nature, respondents cannot insist that the filing of
Generally speaking, the venue of libel cases where an administrative case against them on the basis of
the complainant is a private individual is limited the Sandiganbayan’s ruling in the aforesaid case is
only to either of two places, namely: (1) where the premature on the premise that their conviction has
complainant actually resides at the time of the not attained finality. A disbarment proceeding is
commission of the offense; or (2) where the alleged separate and distinct from a criminal action filed
defamatory article was printed and first published. against a lawyer despite being involved in the same
set of facts. A finding of guilt in the criminal case EMPLOYMENT and PNCC SKYWAY
will not necessarily result in a finding of liability in CORPORATION EMPLOYEES UNION
the administrative case. 790 SCRA 427, G.R. No. 213299, APRIL 19,
2016
LABOR LAW Considering that PSC had complied with the notice
First Division requirement of the Labor Code, the indemnity
Quitclaims award in favor of the terminated employees was
grossly improper and must be nullified, in this
WILLIAM GO QUE CONSTRUCTION respect, the DOLE Secretary gravely abused its
and/or WILLIAM GO QUE, vs. COURT OF discretion and the CA erred in ruling otherwise.
APPEALS and DANNY SINGSON, When a lower court or tribunal patently violates the
RODOLFO PASAQUI, LENDO Constitution, the law, or existing jurisprudence,
LOMINIQUI, and JUN ANDALES grave abuse of discretion is committed.
790 SCRA 309, G.R. No. 191699, APRIL 19,
2016 ADMINISTRATIVE CASE
Legitimate waivers resulting from voluntary First Division
settlements of laborers’ claims should be treated Prosecutors
and upheld as the law between the parties. There is
no longer any justiciable controversy between RONALDO C. FACTURAN, vs.
petitioner and private respondents Singson and PROSECUTOR ALFREDO L.
Pasaqui on account of the Satisfaction of BARCELONA, JR.
Judgment/Release of Claim they executed in the 792 SCRA 389, A.C. No. 11069, JUNE 08, 2016
petitioner’s favor subsequent to the filing of the It is apparent that respondent used his public
instant case rendering the same moot and position as a prosecutor to advance and protect the
academic, and dismissible with respect to them. private interest of his relative, which is clearly
proscribed in the CPR. His failure to timely return
the case records for ruther action, despite directive
to do so, it can only be inferred that respondent not
merely failed, but obstinately and deliberately
CIVIL LAW refused to perform his duties as a prosecutor.
First Division
Reconstitution of Titles POLITICAL LAW
REPUBLIC OF THE PHILIPPINES, vs. En Banc
HOMER and MA. SUSANA DAGONDON Judicial Review
790 SCRA 414, G.R. No. 210540, APRIL 19,
2016 INTERNATIONAL SERVICE OF THE
The purpose of the reconstitution of title is to have, ACQUISITION OF AGRI-BIOTECH
after observing the procedures prescribed by law, APPLICATIONS, INC. VS. GREENPEACE
the title reproduced in exactly the same way it has SOUTHEAST ASIA (PHILIPPINES)
been when the loss or destruction occurred. The 798 SCRA 250, G.R. Nos 209271, 209276,
law presupposes that the property whose title is 209301 & 209430, JULY 26, 2016
sought to be reconstituted has already been As the matter never went beyond the field testing
brought under the provisions of the Torrens phase, none of the foregoing tasts related to
System. propagation were pursued or the requirements
thereof complied with. Thus, there are no
REMEDIAL LAW guaranteed after-effects to the already conducted Bt
First Division talong field trials that demand an adjudication from
Grave Abuse of Discretion which the public may perceivably benefit. Any
future threat to the right of herein respondents or
PNCC SKYWAY CORPORATION, vs. THE the public in general to a healthful and balanced
SECRETARY OF LABOR AND ecology is therefore more imagined than real.
 799 SCRA 516, G.R. No. 219783, AUGUST 03,
2016
Rules of procedure allow a party in a civil action to
amend his pleading as a matter of right, so long as
the pleading is amended only once and before a
responsive pleading is served. Otherwise, a party
LABOR LAW can only amend his pleading upon prior leave of
First Division court. Hence, as long as it does not appear that the
Two-Notice Rule motion for leave was made with bad faith or with
intent to delay the proceedings, courts are justified
RODFHEL BACLAAN TORREFIEL, to grant leave and allow the filling of an amended
MYRA SUACILLO, LORLIE ORENDAY, pleading.
SHEELA LAO, and LEODELYN LIBOT, vs.
BEAUTY LANE PHILS., INC./MS. MA. ADMINISTRATIVE LAW
HENEDINA D. TOBOJKA First Division
799 SCRA 470, G.R. No. 214186, AUGUST 03, Practice of Law
2016
The copies of the Notices to Explain and SPOUSES MANOLO and MILINIA
Preventive Suspension issued to them did not NUEZCA, vs. ATTY. ERNESTO V.
specify charges against them but simply stated that VILLAGARCIA
they condoned and failed to report anomalies to the 799 SCRA 542, A.C. No. 8210, AUGUST 08,
management. The failure to inform an employee of 2016
the charges against him deprives him of due The use of intemperate language and unkind
process. ascriptions has no place in the dignity of judicial
forum. Language abound with countless
TAXATION LAW possibilities for one to be emphatic but respectful,
First Division convincing but not derogatory, and illuminating
Tax Refund but not offensive. The practice of law is a privilege
given to lawyers who meet the high standards of
COMMISSIONER OF INTERNAL legal proficiency and morality. Any violation of
REVENUE, vs. GOODYEAR these standards exposes the lawyer to
PHILIPPINES, INC. administrative liability.
799 SCRA 489, G.R. No. 216130, AUGUST 03,
2016
The term “dividends” should be understood
according to the taxation law of the State in which
the corporation making the distribution is a
resident. The primary purpose of filing an
administrative claim was to serve as a notice of LABOR LAW
warning to the Commissioner of Internal Revenue First Division
(CIR) that court action would follow unless the tax Disability Benefit
or penalty alleged to have been collected MAGSAYSAY MARITIME
erroneously or illegally is refunded. CORPORATION, PRINCESS CRUISE
LINES, MARLON R. ROÑO and “STAR
REMEDIAL LAW PRINCESS,” vs. ROMEO V.
First Division PANOGALINOG
Amendment of Pleadings 763 SCRA 140, G.R. No. 212049, JULY 15, 2015
The employer is liable for a seafarer’s disability
SPOUSES ERNESTO TATLONGHARI and arising from a work-related injury or illness, only
EUGENIA TATLONGHARI, vs. BANGKO after the degree of disability has been established by
KABAYAN-IBAAN RURAL BANK, INC. the company-designated physician. A seafarer shall
be entitled to the payment of the full amount of his
disability compensation only if his injury, regardless
of the degree, results in loss of profession, i.e., his
physical condition prevents a return to sea service.

REMEDIAL LAW REMEDIAL LAW

First Division Second Division
Litis Pendentia Probable Cause

NORLINDA S. MARILAG, vs. De Los Santos-Dio vs. Court of Appeals,

MARCELINO B. MARTINEZ 699 SCRA 614, G.R. No. 178947 June 26, 2013
763 SCRA 533, G.R. No. 201892, JULY 22, 2015
Though the debt and the mortgage constitute
separate agreements, the latter is subsidiary to the A judge is not bound by the resolution of the public
former, and both refer to one and the same prosecutor who conducted the preliminary
obligation. Splitting a cause of action is a mode of investigation and must himself ascertain from the
forum shopping by filing multiple cases based on latter’s findings and supporting documents whether
the same cause of action, but with different prayers, probable cause exists for the purpose of issuing a
where the ground of dismissal is litis pendentia (or res warrant of arrest.
judicata as the case may be).
REMEDIAL LAW
Second Division
LABOR LAW Appeals
Second Division
Work-related Illness Philippine Airlines, Inc. vs. Commissioner of
Internal Revenue
Inter-Orient Maritime, Incorporated vs. 700 SCRA 322, G.R. No. 198759 July 1, 2013
Candava
700 SCRA 174, June 26, 2013 When the trial court had already received all the
evidence of the parties, the Court may resolve the
Joselito contracted his illness in the course of case on the merits instead of remanding them in the
employment. It cannot also be denied that the same interest of expediency and to better serve the ends
was aggravated during the same period. Thus, there of justice.
was a clear causal connection between such illness
and his eventual death, making his death REMEDIAL LAW
compensable. Second Division
Preliminary Attachment
ADMINISTRATIVE LAW
Second Division Lim vs Lazaro
Simple Misconduct G.R. No. 185734, July 3, 2013

The provisional remedy of the issuance of a writ of

Abulencia vs Hermosisima preliminary attachment was improperly lifted
699 SCRA 576, June 26, 2013 because even though the case was already closed
based on the compromise agreement between the
Respondent’s act of hurling invectives on the parties, that the said lien continues until the debt is
complainants during office hours and within the paid, or the sale is had under execution issued on
court premises was correctly held to be a case of the judgment or until the judgment is satisfied, or
simple misconduct. the attachment discharged or vacated in the same
manner provided by law.

LEGAL ETHICS
Second Division Second Division
Practice of Law Criminal Law
Coscolluela vs. Sandiganbayan
Cabanes, Jr., 701 SCRA 188, G.R. No. 191411 July 15, 2013
700 SCRA 734, A.C. No. 7749 July 8, 2013
Petitioners could not have urged the speedy
Atty. Cabanes was suspended from the practice of resolution of their case because they were
law for his failure to file his pre-trial brief as well as completely unaware that the investigation against
to attend the scheduled hearings constitutes them was still on-going or at most has been
negligence. declared dismissed.

LABOR LAW
Second Division
Loss of Trust and Confidence

Martinez vs. Central Pangasinan

Coorperatuin,
LABOR LAW 701 SCRA 205, G.R. No. 192306 July 15, 2013
Second Division
Substantial Evidence Martinez’s failure to properly account for his
shortage of such a significant amount is enough
PNOC-Energy Development Corporation vs. reason for CENPELCO to lose trust and
Estrella confidence in him. Hence, a ground for valid
700 SCRA 767, G.R. No. 197789 July 8, 2013 dismissal of an employee.

Neither do the text messages sent to Jacobe

predicate any corrupt motive on Estrella’s part
since the causal connection between these
messages and the conduct of Estrella’s bid
inspection and/or approval was not adequately
shown.

REMEDIAL LAW
CIVIL LAW Second Division
Second Division Forcible Entry
Succession
Philippine Tourism Authority vs. Sabandal-
Heirs of Magdaleno Ypon vs. Ricaforte, Herzenstiel
700 SCRA 778, G.R. No. 198680 July 8, 2013 701 SCRA 517, G.R. No. 196741 July 17, 2013

Matters relating to the rights of filiation and In an action for forcible entry, the plaintiff must
heirship must be ventilated in the proper probate prove that he was in prior possession of the
court in a special proceeding instituted precisely for disputed property and that the defendant deprived
the purpose of determining such rights. Hence, the him of his possession. Suffice it to state that
status of an illegitimate child who claimed to be an possession in the eyes of the law does not mean
heir to a decedent’s estate could not be adjudicated that a man has to have his feet on every square
in an ordinary civil action which, as in this case, was meter of the ground before he is deemed in
for the recovery of property. possession.

LABOR LAW
REMEDIAL LAW En Banc
Termination of Employment Second Division
Tax Declaration
Abbott Laboratories, Philippines vs. Alcaraz
701 SCRA 682, G.R. No. 192571 July 23, 2013 Heirs of Alejandra Delfin vs. Rabadon
A probationary employee may also be terminated 702 SCRA 587, G.R. No. 165014 July 31, 2013
for failure to qualify as a regular employee in
accordance with the reasonable standards made The tax declarations and tax receipts are
known by the employer to the employee at the time insufficient to prove petitioner’s proffered theory
of the engagement. that their predecessor-in-interest was the lawful
possessor and owner of the foregoing property
POLITICAL LAW even before the last World War. Hence, the failure
Second Division to prove the legitimacy of Remegio’s possession
Local Government Code and ownership since they failed to present the
Province of Cagayan vs. Lara pertinent deed of sale or any other evidence of the
702 SCRA 183, G.R. No. 188500 July 24, 2013 latter’s title.

In order for an entity to legally undertake a REMEDIAL LAW

quarrying business, he must first comply with all Second Division
the requirements imposed not only by the national Appeals
government, but also by the local government unit Lihaylihay vs. People
where his business is situated. 702 SCRA 755, G.R. No. 191219 July 31, 2013

CIVIL LAW Issues brought to the Court on whether the

Second Division prosecution was able to prove the guilt of the
Reconstitution of Titles accused beyond reasonable doubt, whether the
Republic vs. De Asis, Jr. presumption of innocence was sufficiently
702 SCRA 258, G.R. No. 193874 July 24, 2013 debunked, whether or not conspiracy was
satisfactorily established, or whether or not good
Reconstitution must be granted only upon clear faith was properly appreciated, are all, invariably,
proof that the title sought to be restored had questions of fact. Hence, absent any of the
previously existed and was issued to the petitioner. recognized exceptions to the above-mentioned
Strict compliance with the requirements of the law rule, the Sandiganbayan’s findings on the foregoing
aims to thwart dishonest parties from abusing matters should be deemed as conclusive.
reconstitution proceedings as a means of illegally
obtaining properties otherwise already owned by
other parties. REMEDIAL LAW
Second Division
MERCANTILE LAW Grave Abuse of Discretion
Second Divisin
Corporate Rehabilitation Secretary of the Department of Finance vs.
Court of Tax Appeals
Bank of the Philippine Islands vs. Sarabia 703 SCRA 187, G.R. No. 168137 August 7, 2013
Manor Hotel Corporation
702 SCRA 432, G.R. No. 175844 July 29, 2013 An act of a court or tribunal can only be considered
to be tainted with grave the abuse of discretion
Rehabilitation plan may be approved even over the must be so patent or gross as to constitute an
opposition of the creditors holding a majority of evasion of a positive duty or a virtual refusal to
the corporation’s total liabilities if there is a perform the duty or to act at all in contemplation
showing that rehabilitation is feasible and the of law. Finding that this characterization does not
opposition of the creditors is manifestly fit the CTA’s exercise of discretion in this case, the
unreasonable. Court holds that no grave abuse of discretion
CIVIL LAW attended its grant of KCTMPC’s motion to release.
CIVIL LAW The applicant failed to prove his entitlement to the
Second Division claim and compliance with all the documentary and
Property Relations evidentiary requirements for refund when records
Tan vs. Andrade show that all of the export sales invoices presented
703 SCRA 198, G.R. No. 171904 August 7, 2013 not only lack the word “zero-rated” but also failed
There must be strict proof of the exclusive to reflect its BIR Permit to Print as well as its TIN-
ownership of one of the spouses, and the burden V.
of proof rests upon the party asserting it.
Otherwise, all property of the marriage is presumed REMEDIAL LAW
to belong to the conjugal partnership. En Banc
Criminal Procedure
Yalong vs. People
704 SCRA 195, August 28, 2013

The subject check which was drawn, issued, and

delivered in Manila and presented and dishonored
REMEDIAL LAW in Batangas City may be prosecuted for violation of
Second Division BP 22 in any of the places where any of its elements
Grave Abuse of Discretion occurred — in particular, the place where the check
is drawn, issued, delivered, or dishonored.
The Law Firm of Chavez Miranda and
Aseoche vs. Fria REMEDIAL LAW
703 SCRA 258, August 07, 2013 Second Division
Appeals
he abuse of discretion must be so patent and gross Castells vs. Saudi Arabian Airlines
as to amount to an evasion of a positive duty or to 704 SCRA 206, August 28, 2013
a virtual refusal to perform a duty enjoined by law,
or to act at all in contemplation of law, as where the The CA in exercising its sound discretion in
power is exercised in an arbitrary and despotic granting the extension to file a petition for
manner by reason of passion and hostility. certiorari beyond the 60 day reglementary period
thru a Resolution could not renege on such grant
REMEDIAL LAW by rendering refusing to admit the same petition.
En Banc
Evidence REMEDIAL LAW
Second Division
Delos Santos vs. Commission on Audit Civil Procedure
703 SCRA 501, August 13, 2013 B. Sta. Rita & Co., Inc. vs. Gueco
704 SCRA 320, August 28, 2013
The petitioners invoked good faith in the
performance of their respective duties. However, Petitioners were not parties in the surrender of
the presumption of regularity in the performance titles case nor did they, in any manner, participate
of official duties in the absence of bad faith and in the proceedings of the same and as such, cannot
malice must fail in the presence of an explicit rule therefore interpose an appeal therefrom.
that was violated.
LEGAL ETHICS
TAXATION LAW Second Division
Second Division Attorney’s Fees
Tax Refund
J.R.A. Philippines, Inc. vs. Commissioner of Asian Construction and Development
Internal Revenue Corporation vs. Sumitomo Corporation
704 SCRA 94, August 28, 2013 704 SCRA 332, August 28, 2013
 not be interfered with by any court of concurrent
The CA’s deletion of attorney’s fees is proper jurisdiction.
because the stipulation on attorney’s fees between
the parties was inoperative and the records
disclosed that there was no gross and evident bad REMEDIAL LAW
faith on the part of the petitioner. Second Division
Stare Decisis
LABOR LAW
Second Division Banco Filipino Savings and Mortgage Bank
Reinstatement vs. Tala Realty Services Corporation
Integrated Microelectronics, Inc. vs. Pionilla 705 SCRA 208, September 09, 2013
704 SCRA 362, August 28, 2013
On the basis of the principle of stare decisis which
The reinstatement of the respondent without enjoins adherence to judicial precedents as
backwages was proper because the penalty of controlling and binding, Banco Filipino cannot
dismissal was too harsh of a penalty to be imposed demand the reconveyance of the subject properties
against him for his infractions and because his in the present cases wherein the Court has
employer was in good faith when it dismissed previously declared that the implied trust
Pionilla as his dereliction of its policy on ID usage agreement between Banco Filipino and Tala Realty
was honestly perceived to be a threat to the is inexistent and void for being contrary to law.
company’s security.
REMEDIAL LAW
REMEDIAL LAW Second Division
Second Division Civil Procedure
Civil Procedure
Cruz vs. Manila International Airport
Sangguniang Barangay of Pangasugan, Authority
Baybay, Leyte vs. Exploration Permit 705 SCRA 275, September 09, 2013
Application (EXTA-000005-VIII) of
Philippine National Oil Company It is highly erroneous for the appellee to either
704 SCRA 446, September 02, 2013 assign any error or seek any affirmative relief or
modification of the lower court’s judgment without
Petitioner’s attempt to re-litigate a subject matter of interposing its own appeal, as his role in the appeal
the MAB’s Decision which had long become final process is confined only to the task of refuting the
and executory must immediately be struck down as assigned errors interposed by the appellant.
it violates the doctrine of immutability of judgment,
wherein a decision that has acquired finality LEGAL ETHICS
becomes immutable and unalterable, and may no Second Division
longer be modified in any respect. Attorneys
Orola vs. Ramos
REMEDIAL LAW 705 SCRA 350, September 11, 2013
Second Division
Civil Procedure Respondent’s justification that no confidential
First Gas Power Corporatin vs. Republic of information was relayed to him and was only a
the Philippines friendly accommodation cannot fully exculpate him
704 SCRA 453, September 02, 2013 for the charges against him since the rule on
conflict of interests provides an absolute
The CA correctly held that it was erroneous for the prohibition from representation with respect to
RTC to set aside the ruling of a co-equal and opposing parties in the same case.
coordinate court as it is an utter disregard of the
policy of judicial stability which states that the
judgment of a court of competent jurisdiction may REMEDIAL LAW
Second Division falls under agrarian reform exemption from CARP
Civil Procedure coverage and courts cannot simply brush aside his
pronouncements regarding the status of the land in
Unicapital, Inc. vs. Consing, Jr. dispute.
705 SCRA 511, September 11, 2013
REMEDIAL LAW
Although the subject cases involve the same parties Second Division
and proceeding from a similar factual milieu, it Special Civil Action
should remain unconsolidated since they proceed
from different sources of obligations and, hence, Heirs of the Late Spouses Flaviano
would have no practical effect as the core issues Maglasang and Salud Adaza-Maglasang vs.
and reliefs sought in each case are separate and Manila Banking Corporation
distinct from the other. 706 SCRA 235, September 23, 2013

The stipulation under the real estate

mortgage executed by Sps. Maglasang which fixed
REMEDIAL LAW the place of the foreclosure sale lacks words of
Second Division exclusivity which would bar any other acceptable
Compromise Judgment fora wherein the said sale may be conducted, thus,
Remulla vs. Maliksi the stipulated place should only be as an additional,
706 SCRA 35, September 18, 2013 not a limiting venue.

Remulla, being a resident-taxpayer of the Province

of Cavite whose public funds stand to be expended REMEDIAL LAW
to enforce a compromise judgment, has the legal En Banc
standing to file the petition for annulment of Actual Justiciable Controversy
judgment since a taxpayer may be allowed to sue Republic vs. Roque
where public money is being deflected to any 706 SCRA 273, September 24, 2013
improper purpose.
Private respondents failed to demonstrate how they
CIVIL LAW are in immediate danger to sustain some direct
Second Division injury and only asserted general interests and
Partition infractions which the government could
Bagayas vs. Bagayas prospectively commit if the enforcement of the
706 SCRA 73, September 18, 2013 said law would remain untrammeled, thus, there is
no actual justiciable controversy in the case.
The petitioner could not ask for the partition of the
subject lands since the first phase of a partition is REMEDIAL LAW
taken up with the determination of whether or not Second Divison
a co-ownership in fact exists and she is not entitled Evidence
because a co- ownership does not exist.
Acaac vs. Azcuna, Jr.
AGRARIAN REFORM 706 SCRA 440, September 30, 2013
Second Division
Jurisdiction Even though Azcuna failed to submit any other
Department of Agrarian Reform vs. Court of evidence in accordance with the presumption of
Appeals validity in favor of an ordinance, its
706 SCRA 213, September 23, 2013 constitutionality or legality should be upheld in the
absence of any controverting evidence. Petitioners
had the burden of proving their own allegation,
The DAR Secretary has competence and which they, however, failed to do.
jurisdiction to determine whether or not the land
ADMINISTRATIVE LAW MARIA CRISTINA ZABALJAUREGUI
En Banc PITCHER, vs. ATTY. RUSTICO B.
Administrative Supervision GAGATE
707 SCRA 13, A.C. No. 9532, OCTOBER 08,
Re: Request for Guidance/Clarification on 2013
Section 7, Rule 111 of Republic Act. No. 10154 The Court observes that, in the present case,
Requiring Retiring Government Employees to complainant was subjected to a grave injury as she
Secure a Clearance of Pendency/Non- was subjected to a graver injury as she was
Pendency of Casels from the Civil Service prosecuted for the crime of grave coercion largely
Commission due to the advice of respondent. Were it not for
706 SCRA 502, October 01, 2013 respondent’s imprudent counseling, not to mention
his act of abandoning his client during the
A clearance requirement which pertains to criminal proceedings, complainant would not have unduly
cases on retiring court personnel is a matter beyond suffered the harbors of a criminal prosecution. The
the ambit of the Judiciary’s power of administrative Court finds it apt to impose against respondent a
supervision. higher penalty of suspension from the practice of
law for a period of three years as recommended by
CIVIL LAW the OBC.
Second Division
Contracts To Sell
CONSTITUTIONAL LAW
FREDERICK VENTURA, MARITES En Banc
VENTURA-ROXAS, and PHILIP House of Representatives Electoral Tribunal
VENTURA (HEIRS OF DECEASED
DOLORES C. VENTURA), vs. HEIRS OF WIGBERTO R. TAÑADA, JR., vs.
SPOUSES EUSTACIO T. ENDAYA and COMMISSION ON ELECTIONS,
TRINIDAD L. ENDAYA, namely, TITUS L. ANGELINA D. TAN, AND ALVIN JOHN S.
ENDAYA, ENRICO L. ENDAYA, and TAÑADA
JOSEPHINE ENDAYA-BANTUG 708 SCRA 188 G.R. Nos. 207199-200,
OCTOBER 22, 2013
706 SCRA 631, G.R. No. 190016, OCTOBER Case law states that the proclamation of a
02, 2013 congressional candidate following the election
divests the COMELEC of jurisdiction over
While the quality of contingency inheres in a disputes relating to the election, returns, and
contract to sell, the same should not be confused qualifications of the proclaimed representative in
with a conditional contract of sale. In a contract to favor of the HRET. Considering that Angelina had
sell, the fulfillment of the suspensive condition will already been proclaimed as Member of the House
not automatically transfer ownership to the buyer of Representatives for the 4th District of Quezon
although the property may have been previously Province, the Court is now without jurisdiction to
delivered to him. The prospective seller still has to resolve the case at bar.
convey title to the prospective buyer by entering
into a contract od absolute sale. On the other hand,
in a conditional contract of sale, the fulfillment of
the suspensive condition renders the sale absolute REMEDIAL LAW
and the previous delivery of the property has the Second Division
effect of automatically transferring the seller’s Provisional Remedies
ownership or title to the property to the buyer.
OFFICE OF THE OMBUDSMAN
(VISAYAS), vs. COURT OF APPEALS and
BERMELA A. GABUYA
LEGAL ETHICS 708 SCRA 523 G.R. No. 189801, OCTOBER
En Banc 23, 2013
Practice of Law
 aside and disregarded lightly, and before this can be
done, both the previous testimony and the
The ancillary remedy of preliminary injunction subsequent one should be carefully compared and
cannot exist except only as part of an independent juxtaposed, the circumstances under which each
action or proceeding. Thus, since the CA already was made, carefully and keenly scrutinized, and the
remanded the case to the Ombudsman for the reasons or motives for the change discriminatingly
purpose of resolving Gabuya’s pending motion for analyzed.
reconsideration, the writ of preliminary injunction
issued by it, absent any countervailing justification
therefor, must be dissolved.
CONSTITUTIONAL LAW
En Banc
Separation of Powers
LEGAL ETHICS
Second Division GRECO ANTONIOUS BEDA B. BELGICA,
Attorneys JOSE M. VILLEGAS, JR., JOSE L.
GONZALEZ, REUBEN M. ABANTE, and
AZUCENA SEGOVIA-RIBAYA, vs. ATTY. QUINTIN PAREDES SAN DIEGO, vs.
BARTOLOME C. LAWSIN HONORABLE EXECUTIVE SECRETARY
709 SCRA 287, A.C. No. 7965, NOVEMBER PAQUITO N. OCHOA, JR., SECRETARY
13, 2013 OF BUDGET AND MANAGEMENT
A lawyer’s duty to his client is one essentially FLORENCIO B. ABAD, NATIONAL
imbued with trust so much so that it is incumbent TREASURER ROSALIA V. DE LEON,
upon the former to exhaust all reasonable efforts SENATE OF THE PHILIPPINES,
towards its faithful compliance. In this case, despite represented by FRANKLIN M. DRILON in
that singular encounter, respondent had thereafter his capacity as SENATE PRESIDENT, and
all the opportunity to return the subject amount but HOUSE OF REPRESENTATIVES,
still failed to do so. Besides, the obligatory force of represented by FELICIANO S.
said duty should not be diluted by the temperament BELMONTE, JR. in his capacity as
or occasional frustrations of the lawyer’s client, SPEAKER OF THE HOUSE
especially so when the latter remains unsatisfied by 710 SCRA 1, G.R. No. 208566, NOVEMBER
the lawyer’s work. 19, 2013

Post-enactment measures which govern the areas

of project identification, fund release and fund
REMEDIAL LAW realignment are not related to functions of
Second Division congressional oversight and, hence, allow
Recantations legislators to intervene and/or assume duties that
properly belong to the sphere of budget execution.
PEOPLE OF THE PHILIPPINES, vs. From the moment the law becomes effective, any
P/SUPT. ARTEMIO E. LAMSEN, PO2 provision of law that empowers Congress or any of
ANTHONY D. ABULENCIA, and SPO1 its members to pay any role in the implementation
WILFREDO L. RAMOS or enforcement of the law violates the principle of
709 SCRA 522, G.R. No. 198338, separation of powers and is thus unconstitutional.
NOVEMBER 13, 3013
The rule is settled that in cases where previous
testimony is retracted and a subsequent different, if REMEDIAL LAW
not contrary, testimony is made by the same Second Division
witness, the test to decide which testimony to Judgment on the Pleadings
believe is one of comparison coupled with the
application of the general rules of evidence. A GOVERNMENT SERVICE INSURANCE
testimony solemnly given in court should not be set SYSTEM, vs. PRUDENTIAL GUARANTEE
 AND ASSURANCE, INC., HEIRS OF JOSEPHINE S. NADALA,
DEVELOPMENT BANK OF THE represented by ROY S. NADALA,
PHILIPPINES, and LAND BANK OF THE HOFBOWER SANDUETA, NERISA
PHILIPPINES SANDUETA MICUBO, OSCAR
710 SCRA 337, G.R. No. 165585, November 20, SANDUETA, MARILYN SANDUETA
2013 VELASCO, RONALD SANDUETA, and
Judgment on the pleadings is appropriate when an NAPOLEON SANDUETA, vs. DOMINGO
answer fails to tender an issue, or otherwise admits ROBLES, HEIRS OF TEODORO ABAN,
the material allegations of the adverse party’s namely: NERIO ABAN, VIRGINIO ABAN,
pleasing. It is a form of judgment that is exclusively SUSANA ABAN, and DAVID ABAN; HEIRS
based on the submitted pleadings without the OF EUFRECENA** GALEZA, namely:
introduction of evidence as the factual issues CESAR GALEZA, NESTOR GALEZA,
remain uncontroverted. ANGELA GALEZA, JUSTO GALEZA, KIA
GALEZA PONCE, PORFERIA GALEZA
NALZARO, ROSARIO GALEZA VELASCO,
HERMINIA GALEZA GUERRERO, and
NONA GALEZA NACARIO
710 SCRA 491, G.R. No. 203204, NOVEMBER
20, 2013
MERCANTILE LAW The right of retention, as protected and enshrined
Second Division in the Constitution, balances the effects of
Trademarks compulsory land acquisition by granting the
landowner the right to choose the area to be
BIRKENSTOCK ORTHOPAEDIE GMBH retained subject to legislative standards. Since the
AND CO. KG (formerly BIRKENSTOCK right is granted to limit the effects of compulsory
ORTHOPAEDIE GMBH), vs. PHILIPPINE land acquisition, it is a prerequisite that the land
SHOE EXPO MARKETING falls under the coverage of the Operation Land
CORPORATION Transfer Program of the government. If the land is
710 SCRA 474, G.R. No. 194307, NOVEMBER beyond the ambit of the OLT Program, the
20, 2013 landowner need not apply for retention since the
appropriate remedy would be to apply for
It is not the application or registration of a exemption.
trademark that vests ownership thereof, but it is the
ownership of a trademark that confers the right to LEGAL ETHICS
register the same. A trademark is an industrial Second Division
property over which its owner is entitled to Penalties
property rights which cannot be appropriated by
unscrupulous entities that, in one way or another, FELIPE C. DAGALA, vs. ATTY. JOSE C.
happen to register such trademark ahead of its true QUESADA, JR. and ATTY. AMADO T.
and lawful owner. The presumption of ownership ADQUILEN
accorded to a registrant must then necessarily yield 711 SCRA 206, A.C. No. 5044, DECEMBER
to superior evidence of actual and real ownership 02, 2013
of a trademark. A retained counsel is expected to serve the client
with competence and diligence and not to sit idly
by and leave the rights of his client in a state of
AGRARIAN REFORM uncertainty. He is obliged to attend scheduled
Second Division hearings or conferences, prepare and file the
Right of Retention required pleadings, prosecute the handled cases
with reasonable dispatch, and urge their
HEIRS OF ROMULO D. SANDUETA, termination without waiting for the client or the
namely: GLORIA SANDUETA ELOPRE, court to prod him or her to do so. The appropriate
penalty on an errant lawyer depends on the exercise unforeseen and unexpected occurrence or of the
of sound judicial discretion based on the failure of the debtor to comply with obligations
surrounding facts. must be independent of human will; (b) it must be
impossible to foresee the event that constitutes the
caso fortuito or, if it can be foreseen, it must be
impossible to avoid; (c) the occurrence must be
CIVIL LAW such as to render it impossible for the debtor to
Second Division fulfill obligations in a normal manner; and, (d) the
Property obligor must be free from any participation in the
aggravation of the injury or loss.
LAURA E. PARAGUYA, vs. SPOUSES
ALMA ESCUREL-CRUCILLO and
EMETERIO CRUCILLO, and the CIVIL LAW
REGISTER OF DEEDS OF SORSOGON Second Division
711 SCRA 275, G.R. No. 200265, DECEMBER Contracts to Sell
02, 2013
OPTIMUM DEVELOPMENT BANK, vs.
SPOUSES BENIGNO V. JOVELLANOS and
It is an established rule that a Torrens certificate of LOURDES R. JOVELLANOS
title is not conclusive proof of ownership. A party 711 SCRA 548, G.R. No. 189145, DECEMBER
may seek its annulment on the basis of fraud or 04, 2013
misrepresentation. However, such action must be In a contract to sell, the prospective seller binds
seasonably filed, else the same would be barred. himself to sell the property subject of the
The period to contest a decree of registration shall agreement exclusively to the prospective buyer
be one (1) year from the date of its entry and that, upon fulfillment of the condition agreed upon
after the lapse of the said period, the Torrens which is the full payment of the purchase price but
certificate of title issued thereon becomes reserving to himself the ownership of the subject
incontrovertible and indefeasible. property despite delivery thereof to the prospective
buyer. The unlawful detainer suit for illegally
withholding possession of the subject property is
CIVIL LAW premised upon the cancellation or termination of
Second Division the Contract to Sell. Nonpayment of the
Fortuitous Event installments due had rendered the Contract to Sell
without force and effect, thus depriving the latter
METRO CONCAST STEEL of their right to possess the property.
CORPORATION, SPOUSES JOSE S.
DYCHIAO AND TIU OH YAN, SPOUSES
GUILLERMO AND MERCEDES LABOR LAW
DYCHIAO, AND SPOUSES VICENTE Second Division
AND FILOMENA DYCHIAO, vs. ALLIED Substantial Evidence
BANK CORPORATION
711 SCRA 479, G.R. No. 177921, DECEMBER XAVIER C. RAMOS, vs. BPI FAMILY
04, 2013 SAVINGS BANK, INC. and ALFONSO L.
Fortuitous events by definition are extraordinary SALCEDO, JR.
event not foreseeable or avoidable. It is therefore 711 SCRA 590, G.R. No. 203186, DECEMBER
not enough that the event should not have been 04, 2013
foreseen or anticipated, as is commonly believed In cases files before administrative or quasi-judicial
but it must be one impossible to foresee or to bodies, a fact may be deemed established if it is
avoid. The mere difficulty to foresee the happening supported by substantial evidence, or that amount
is not impossibility to foresee the same. To of relevant evidence which a reasonable mind
constitute a fortuitous event, the following might accept as adequate to justify a conclusion.
elements must concur: (a) the cause of the
 ground for dismissal of an action distinct from
forum-shopping itself.
LABOR LAW
Second Division CIVIL LAW
Nominal Damages Second Division
Novation
SANGWOO PHILIPPINES, INC.
EMPLOYEES UNION OLALIA, represented ACE FOODS, INC., vs. MICRO PACIFIC
by PORFERIA SALIBONGCOGON, vs. TECHNOLOGIES CO., LTD.,[1]
SANGWOO PHILIPPINES, INC. and/or 712 SCRA 679, G.R. No. 200602, DECEMBER
SANG IK JANG, JISSO JANG, WISSO JANG, 11, 2013
and NORBERTO TADEO Novation in its broad concept, may either be
711 SCRA 618, G.R. No. 173229, DECEMBER extinctive or modificatory. It is extinctive when an
09, 2013 old obligation is terminated by the creation of a
It is well to stress that while SPI had a valid ground new obligation that takes place of the former; it is
to terminate its employees, i.e., closure of business, merely modificatory when the old obligation
its failure to comply with the proper procedure for subsists to the extent it remains compatible with
termination renders it liable to pay the employee the amendatory agreement. In either case, however,
nominal damages for such omission. An employer novation is never presumed, and the animus novandi,
which has a valid cause for dismissing its employee whether totally or partially, must appear by express
but conducts the dismissal with procedural agreement of the parties, or by their acts that are
infirmity is liable to pay the employee nominal too clear and unequivocal to be mistaken.
damages. However, case law exhorts that in
instances where the payment of such damages
becomes impossible, unjust, or too burdensome, REMEDIAL LAW
modification becomes necessary in order to Second Division
harmonize the disposition with the prevailing Contempt
circumstances.
LETICIA P. LIGON, vs. THE REGIONAL
TRIAL COURT, BRANCH 56 AT MAKATI
REMEDIAL LAW CITY AND ITS PRESIDING JUDGE,
Second Division JUDGE REYNALDO M. LAIGO, SHERIFF
Forum Shopping IV LUCITO V. ALEJO, ATTY. SILVERIO
GARING, MR. LEONARDO J. TING, AND
PHILIPPINE POSTAL CORPORATION, MR. BENITO G. TECHICO
vs. COURT OF APPEALS and CRISANTO 717 SCRA 373, G.R. No. 190028, FEBRUARY
G. DE GUZMAN 26, 2014
711 SCRA 632, G.R. No. 173590, December 09, Contempt of court has been defined as a willful
2013 disregard or disobedience of a public authority. In
its broad sense, contempt is a disregard of, or
disobedience to, the rules or orders of a legislative
De Guzman was also guilty of forum-shopping by or judicial body or an interruption of its proceeding
pursuing two (2) separate remedies – petition for by disorderly behavior or insolent language in its
certiorari and appeal – that have long been held to presence or so near thereto as to disturb its
be mutually exclusive, and not alternative or proceedings or to impair the respect due to such a
cumulative remedies. By failing to inform the Court body. In its restricted and more usual sense,
of Appeals of his subsequent filing of a notice of contempt comprehends a despising of the
appeal before the Philippine Postal Corporation, authority, justice, or dignity of a court.
De Guzman committed a violation of his
certification against forum-shopping with the
Court of Appeals, which has been held to be a
CIVIL LAW
Second Division
Estoppel DOLORES C. VENTURA), vs. HEIRS OF
SPOUSES EUSTACIO T. ENDAYA and
GMA NETWORK, INC., vs. NATIONAL TRINIDAD L. ENDAYA, namely, TITUS L.
TELECOMMUNICATIONS COMMISSION ENDAYA, ENRICO L. ENDAYA, and
717 SCRA 435, G.R. No. 196112, FEBRUARY JOSEPHINE ENDAYA-BANTUG
26, 2014 706 SCRA 631, G.R. No. 190016, OCTOBER
The State cannot be put in estoppel by the mistakes 02, 2013
or errors of its officials or agents. Hence, whatever
irregularity had attended the issuance of the
temporary permits in this case does not render While the quality of contingency inheres in a
correct what appears to be erroneous procedure. contract to sell, the same should not be confused
with a conditional contract of sale. In a contract to
sell, the fulfillment of the suspensive condition will
not automatically transfer ownership to the buyer
ADMINISTRATIVE LAW although the property may have been previously
Second Division delivered to him. The prospective seller still has to
Court Personnel convey title to the prospective buyer by entering
into a contract od absolute sale. On the other hand,
OFFICE OF THE COURT in a conditional contract of sale, the fulfillment of
ADMINISTRATOR, vs. PAZ P. the suspensive condition renders the sale absolute
CAPISTRANO, COURT STENOGRAPHER and the previous delivery of the property has the
III, REGIONAL TRIAL COURT, QUEZON effect of automatically transferring the seller’s
CITY, BRANCH 224 ownership or title to the property to the buyer.
728 SCRA 439, A.M. No. P-13-3147, JULY 02,
2014
No other office in the government service exercises
a greater demand for moral righteousness and LEGAL ETHICS
uprightness from an employee than in the Judiciary. En Banc
The Court has repeated emphasized that the Practice of Law
conduct of court personnel, from the presiding
judge to the lowliest clerk, must always be MARIA CRISTINA ZABALJAUREGUI
circumscribed with the heavy burden of PITCHER, vs. ATTY. RUSTICO B.
responsibility as to let them be free from any GAGATE
suspicion that may taint the judiciary. The Court 707 SCRA 13, A.C. No. 9532, OCTOBER 08,
condemns and would never countenance any 2013
conduct, act or omission on the part of all those The Court observes that, in the present case,
involved in the administration of justice, which complainant was subjected to a grave injury as she
would violate the norm of public accountability and was subjected to a graver injury as she was
diminish or even just tend to diminish the faith of prosecuted for the crime of grave coercion largely
the people in the Judiciary. due to the advice of respondent. Were it not for
respondent’s imprudent counseling, not to mention
his act of abandoning his client during the
proceedings, complainant would not have unduly
suffered the harbors of a criminal prosecution. The
Court finds it apt to impose against respondent a
higher penalty of suspension from the practice of
CIVIL LAW law for a period of three years as recommended by
Second Division the OBC.
Contracts To Sell

FREDERICK VENTURA, MARITES CONSTITUTIONAL LAW

VENTURA-ROXAS, and PHILIP En Banc
VENTURA (HEIRS OF DECEASED House of Representatives Electoral Tribunal
 still failed to do so. Besides, the obligatory force of
WIGBERTO R. TAÑADA, JR., vs. said duty should not be diluted by the temperament
COMMISSION ON ELECTIONS, or occasional frustrations of the lawyer’s client,
ANGELINA D. TAN, AND ALVIN JOHN S. especially so when the latter remains unsatisfied by
TAÑADA the lawyer’s work.
708 SCRA 188 G.R. Nos. 207199-200,
OCTOBER 22, 2013
Case law states that the proclamation of a REMEDIAL LAW
congressional candidate following the election Second Division
divests the COMELEC of jurisdiction over Recantations
disputes relating to the election, returns, and
qualifications of the proclaimed representative in PEOPLE OF THE PHILIPPINES, vs.
favor of the HRET. Considering that Angelina had P/SUPT. ARTEMIO E. LAMSEN, PO2
already been proclaimed as Member of the House ANTHONY D. ABULENCIA, and SPO1
of Representatives for the 4th District of Quezon WILFREDO L. RAMOS
Province, the Court is now without jurisdiction to 709 SCRA 522, G.R. No. 198338,
resolve the case at bar. NOVEMBER 13, 3013
The rule is settled that in cases where previous
testimony is retracted and a subsequent different, if
REMEDIAL LAW not contrary, testimony is made by the same
Second Division witness, the test to decide which testimony to
Provisional Remedies believe is one of comparison coupled with the
OFFICE OF THE OMBUDSMAN application of the general rules of evidence. A
(VISAYAS), vs. COURT OF APPEALS and testimony solemnly given in court should not be set
BERMELA A. GABUYA aside and disregarded lightly, and before this can be
708 SCRA 523 G.R. No. 189801, OCTOBER done, both the previous testimony and the
23, 2013 subsequent one should be carefully compared and
The ancillary remedy of preliminary injunction juxtaposed, the circumstances under which each
cannot exist except only as part of an independent was made, carefully and keenly scrutinized, and the
action or proceeding. Thus, since the CA already reasons or motives for the change discriminatingly
remanded the case to the Ombudsman for the analyzed.
purpose of resolving Gabuya’s pending motion for
reconsideration, the writ of preliminary injunction
issued by it, absent any countervailing justification CONSTITUTIONAL LAW
therefor, must be dissolved. En Banc
Separation of Powers

LEGAL ETHICS GRECO ANTONIOUS BEDA B. BELGICA,

Second Division JOSE M. VILLEGAS, JR., JOSE L.
Attorneys GONZALEZ, REUBEN M. ABANTE, and
QUINTIN PAREDES SAN DIEGO, vs.
AZUCENA SEGOVIA-RIBAYA, vs. ATTY. HONORABLE EXECUTIVE SECRETARY
BARTOLOME C. LAWSIN PAQUITO N. OCHOA, JR., SECRETARY
709 SCRA 287, A.C. No. 7965, NOVEMBER OF BUDGET AND MANAGEMENT
13, 2013 FLORENCIO B. ABAD, NATIONAL
A lawyer’s duty to his client is one essentially TREASURER ROSALIA V. DE LEON,
imbued with trust so much so that it is incumbent SENATE OF THE PHILIPPINES,
upon the former to exhaust all reasonable efforts represented by FRANKLIN M. DRILON in
towards its faithful compliance. In this case, despite his capacity as SENATE PRESIDENT, and
that singular encounter, respondent had thereafter HOUSE OF REPRESENTATIVES,
all the opportunity to return the subject amount but represented by FELICIANO S.
 BELMONTE, JR. in his capacity as register the same. A trademark is an industrial
SPEAKER OF THE HOUSE property over which its owner is entitled to
710 SCRA 1, G.R. No. 208566, NOVEMBER property rights which cannot be appropriated by
19, 2013 unscrupulous entities that, in one way or another,
Post-enactment measures which govern the areas happen to register such trademark ahead of its true
of project identification, fund release and fund and lawful owner. The presumption of ownership
realignment are not related to functions of accorded to a registrant must then necessarily yield
congressional oversight and, hence, allow to superior evidence of actual and real ownership
legislators to intervene and/or assume duties that of a trademark.
properly belong to the sphere of budget execution.
From the moment the law becomes effective, any
provision of law that empowers Congress or any of AGRARIAN REFORM
its members to pay any role in the implementation Second Division
or enforcement of the law violates the principle of Right of Retention
separation of powers and is thus unconstitutional.
HEIRS OF ROMULO D. SANDUETA,
namely: GLORIA SANDUETA ELOPRE,
REMEDIAL LAW HEIRS OF JOSEPHINE S. NADALA,
Second Division represented by ROY S. NADALA,
Judgment on the Pleadings HOFBOWER SANDUETA, NERISA
SANDUETA MICUBO, OSCAR
GOVERNMENT SERVICE INSURANCE SANDUETA, MARILYN SANDUETA
SYSTEM, vs. PRUDENTIAL GUARANTEE VELASCO, RONALD SANDUETA, and
AND ASSURANCE, INC., NAPOLEON SANDUETA, vs. DOMINGO
DEVELOPMENT BANK OF THE ROBLES, HEIRS OF TEODORO ABAN,
PHILIPPINES, and LAND BANK OF THE namely: NERIO ABAN, VIRGINIO ABAN,
PHILIPPINES SUSANA ABAN, and DAVID ABAN; HEIRS
710 SCRA 337, G.R. No. 165585, November 20, OF EUFRECENA** GALEZA, namely:
2013 CESAR GALEZA, NESTOR GALEZA,
Judgment on the pleadings is appropriate when an ANGELA GALEZA, JUSTO GALEZA, KIA
answer fails to tender an issue, or otherwise admits GALEZA PONCE, PORFERIA GALEZA
the material allegations of the adverse party’s NALZARO, ROSARIO GALEZA VELASCO,
pleasing. It is a form of judgment that is exclusively HERMINIA GALEZA GUERRERO, and
based on the submitted pleadings without the NONA GALEZA NACARIO
introduction of evidence as the factual issues 710 SCRA 491, G.R. No. 203204, NOVEMBER
remain uncontroverted. 20, 2013
The right of retention, as protected and enshrined
in the Constitution, balances the effects of
MERCANTILE LAW compulsory land acquisition by granting the
Second Division landowner the right to choose the area to be
Intellectual Property Rights retained subject to legislative standards. Since the
right is granted to limit the effects of compulsory
BIRKENSTOCK ORTHOPAEDIE GMBH land acquisition, it is a prerequisite that the land
AND CO. KG (formerly BIRKENSTOCK falls under the coverage of the Operation Land
ORTHOPAEDIE GMBH), vs. PHILIPPINE Transfer Program of the government. If the land is
SHOE EXPO MARKETING beyond the ambit of the OLT Program, the
CORPORATION landowner need not apply for retention since the
710 SCRA 474, G.R. No. 194307, NOVEMBER appropriate remedy would be to apply for
20, 2013 exemption.
It is not the application or registration of a
trademark that vests ownership thereof, but it is the
ownership of a trademark that confers the right to
LEGAL ETHICS DYCHIAO AND TIU OH YAN, SPOUSES
Second Division GUILLERMO AND MERCEDES
Penalties DYCHIAO, AND SPOUSES VICENTE
AND FILOMENA DYCHIAO, vs. ALLIED
FELIPE C. DAGALA, vs. ATTY. JOSE C. BANK CORPORATION
QUESADA, JR. and ATTY. AMADO T. 711 SCRA 479, G.R. No. 177921, DECEMBER
ADQUILEN 04, 2013
711 SCRA 206, A.C. No. 5044, DECEMBER
02, 2013
A retained counsel is expected to serve the client Fortuitous events by definition are extraordinary
with competence and diligence and not to sit idly event not foreseeable or avoidable. It is therefore
by and leave the rights of his client in a state of not enough that the event should not have been
uncertainty. He is oblige to attend scheduled foreseen or anticipated, as is commonly believed
hearings or conferences, prepare and file the but it must be one impossible to foresee or to
required pleadings, prosecute the handled cases avoid. The mere difficulty to foresee the happening
with reasonable dispatch, and urge their is not impossibility to foresee the same. To
termination without waiting for the client or the constitute a fortuitous event, the following
court to prod him or her to do so. The appropriate elements must concur: (a) the cause of the
penalty on an errant lawyer depends on the exercise unforeseen and unexpected occurrence or of the
of sound judicial discretion based on the failure of the debtor to comply with obligations
surrounding facts. must be independent of human will; (b) it must be
impossible to foresee the event that constitutes the
caso fortuito or, if it can be foreseen, it must be
impossible to avoid; (c) the occurrence must be
CIVIL LAW such as to render it impossible for the debtor to
Second Division fulfill obligations in a normal manner; and, (d) the
Property obligor must be free from any participation in the
aggravation of the injury or loss.
LAURA E. PARAGUYA, vs. SPOUSES
ALMA ESCUREL-CRUCILLO and
EMETERIO CRUCILLO, and the
REGISTER OF DEEDS OF SORSOGON CIVIL LAW
711 SCRA 275, G.R. No. 200265, DECEMBER Second Division
02, 2013 Contracts to Sell
It is an established rule that a Torrens certificate of
title is not conclusive proof of ownership. A party OPTIMUM DEVELOPMENT BANK, vs.
may seek its annulment on the basis of fraud or SPOUSES BENIGNO V. JOVELLANOS and
misrepresentation. However, such action must be LOURDES R. JOVELLANOS
seasonably filed, else the same would be barred. 711 SCRA 548, G.R. No. 189145, DECEMBER
The period to contest a decree of registration shall 04, 2013
be one (1) year from the date of its entry and that, In a contract to sell, the prospective seller binds
after the lapse of the said period, the Torrens himself to sell the property subject of the
certificate of title issued thereon becomes agreement exclusively to the prospective buyer
incontrovertible and indefeasible. upon fulfillment of the condition agreed upon
which is the full payment of the purchase price but
reserving to himself the ownership of the subject
property despite delivery thereof to the prospective
CIVIL LAW buyer. The unlawful detainer suit for illegally
Second Division withholding possession of the subject property is
Fortuitous Event premised upon the cancellation or termination of
the Contract to Sell. Nonpayment of the
METRO CONCAST STEEL installments due had rendered the Contract to Sell
CORPORATION, SPOUSES JOSE S.
without force and effect, thus depriving the latter PHILIPPINE POSTAL CORPORATION,
of their right to possess the property. vs. COURT OF APPEALS and CRISANTO
G. DE GUZMAN
711 SCRA 632, G.R. No. 173590, December 09,
LABOR LAW 2013
Second Division De Guzman was also guilty of forum-shopping by
Substantial Evidence pursuing two (2) separate remedies – petition for
certiorari and appeal – that have long been held to
XAVIER C. RAMOS, vs. BPI FAMILY be mutually exclusive, and not alternative or
SAVINGS BANK, INC. and ALFONSO L. cumulative remedies. By failing to inform the Court
SALCEDO, JR. of Appeals of his subsequent filing of a notice of
711 SCRA 590, G.R. No. 203186, DECEMBER appeal before the Philippine Postal Corporation,
04, 2013 De Guzman committed a violation of his
In cases files before administrative or quasi-judicial certification against forum-shopping with the
bodies, a fact may be deemed established if it is Court of Appeals, which has been held to be a
supported by substantial evidence, or that amount ground for dismissal of an action distinct from
of relevant evidence which a reasonable mind forum-shopping itself.
might accept as adequate to justify a conclusion.
CIVIL LAW
Second Division
LABOR LAW Novation
Second Division
Damages ACE FOODS, INC., vs. MICRO PACIFIC
TECHNOLOGIES CO., LTD.,[1]
SANGWOO PHILIPPINES, INC. 712 SCRA 679, G.R. No. 200602, DECEMBER
EMPLOYEES UNION OLALIA, represented 11, 2013
by PORFERIA SALIBONGCOGON, vs. Novation in its broad concept, may either be
SANGWOO PHILIPPINES, INC. and/or extinctive or modificatory. It is extinctive when an
SANG IK JANG, JISSO JANG, WISSO JANG, old obligation is terminated by the creation of a
and NORBERTO TADEO new obligation that takes place of the former; it is
711 SCRA 618, G.R. No. 173229, DECEMBER merely modificatory when the old obligation
09, 2013 subsists to the extent it remains compatible with
It is well to stress that while SPI had a valid ground the amendatory agreement. In either case, however,
to terminate its employees, i.e., closure of business, novation is never presumed, and the animus novandi,
its failure to comply with the proper procedure for whether totally or partially, must appear by express
termination renders it liable to pay the employee agreement of the parties, or by their acts that are
nominal damages for such omission. An employer too clear and unequivocal to be mistaken.
which has a valid cause for dismissing its employee
but conducts the dismissal with procedural
infirmity is liable to pay the employee nominal REMEDIAL LAW
damages. However, case law exhorts that in Second Division
instances where the payment of such damages Contempt
becomes impossible, unjust, or too burdensome,
modification becomes necessary in order to LETICIA P. LIGON, vs. THE REGIONAL
harmonize the disposition with the prevailing TRIAL COURT, BRANCH 56 AT MAKATI
circumstances. CITY AND ITS PRESIDING JUDGE,
JUDGE REYNALDO M. LAIGO, SHERIFF
IV LUCITO V. ALEJO, ATTY. SILVERIO
REMEDIAL LAW GARING, MR. LEONARDO J. TING, AND
Second Division MR. BENITO G. TECHICO
Forum Shopping 717 SCRA 373, G.R. No. 190028, FEBRUARY
26, 2014
Contempt of court has been defined as a willful would violate the norm of public accountability and
disregard or disobedience of a public authority. In diminish or even just tend to diminish the faith of
its broad sense, contempt is a disregard of, or the people in the Judiciary.
disobedience to, the rules or orders of a legislative
or judicial body or an interruption of its proceeding CIVIL LAW
by disorderly behavior or insolent language in its Second Division
presence or so near thereto as to disturb its Contracts To Sell
proceedings or to impair the respect due to such a
body. In its restricted and more usual sense, FREDERICK VENTURA, MARITES
contempt comprehends a despising of the VENTURA-ROXAS, and PHILIP
authority, justice, or dignity of a court. VENTURA (HEIRS OF DECEASED
DOLORES C. VENTURA), vs. HEIRS OF
SPOUSES EUSTACIO T. ENDAYA and
TRINIDAD L. ENDAYA, namely, TITUS L.
CIVIL LAW ENDAYA, ENRICO L. ENDAYA, and
Second Division JOSEPHINE ENDAYA-BANTUG
Estoppel 706 SCRA 631, G.R. No. 190016, OCTOBER
02, 2013
GMA NETWORK, INC., vs. NATIONAL While the quality of contingency inheres in a
TELECOMMUNICATIONS COMMISSION contract to sell, the same should not be confused
717 SCRA 435, G.R. No. 196112, FEBRUARY with a conditional contract of sale. In a contract to
26, 2014 sell, the fulfillment of the suspensive condition will
The State cannot be put in estoppel by the mistakes not automatically transfer ownership to the buyer
or errors of its officials or agents. Hence, whatever although the property may have been previously
irregularity had attended the issuance of the delivered to him. The prospective seller still has to
temporary permits in this case does not render convey title to the prospective buyer by entering
correct what appears to be erroneous procedure. into a contract od absolute sale. On the other hand,
in a conditional contract of sale, the fulfillment of
the suspensive condition renders the sale absolute
ADMINISTRATIVE LAW and the previous delivery of the property has the
Second Division effect of automatically transferring the seller’s
Court Personnel ownership or title to the property to the buyer.

OFFICE OF THE COURT

ADMINISTRATOR, vs. PAZ P. LEGAL ETHICS
CAPISTRANO, COURT STENOGRAPHER En Banc
III, REGIONAL TRIAL COURT, QUEZON Practice of Law
CITY, BRANCH 224
728 SCRA 439, A.M. No. P-13-3147, JULY 02, MARIA CRISTINA ZABALJAUREGUI
2014 PITCHER, vs. ATTY. RUSTICO B.
No other office in the government service exercises GAGATE
a greater demand for moral righteousness and 707 SCRA 13, A.C. No. 9532, OCTOBER 08,
uprightness from an employee than in the Judiciary. 2013
The Court has repeated emphasized that the The Court observes that, in the present case,
conduct of court personnel, from the presiding complainant was subjected to a grave injury as she
judge to the lowliest clerk, must always be was subjected to a graver injury as she was
circumscribed with the heavy burden of prosecuted for the crime of grave coercion largely
responsibility as to let them be free from any due to the advice of respondent. Were it not for
suspicion that may taint the judiciary. The Court respondent’s imprudent counseling, not to mention
condemns and would never countenance any his act of abandoning his client during the
conduct, act or omission on the part of all those proceedings, complainant would not have unduly
involved in the administration of justice, which suffered the harbors of a criminal prosecution. The
Court finds it apt to impose against respondent a AZUCENA SEGOVIA-RIBAYA, vs. ATTY.
higher penalty of suspension from the practice of BARTOLOME C. LAWSIN
law for a period of three years as recommended by 709 SCRA 287, A.C. No. 7965, NOVEMBER
the OBC. 13, 2013
A lawyer’s duty to his client is one essentially
imbued with trust so much so that it is incumbent
CONSTITUTIONAL LAW upon the former to exhaust all reasonable efforts
En Banc towards its faithful compliance. In this case, despite
House of Representatives Electoral Tribunal that singular encounter, respondent had thereafter
all the opportunity to return the subject amount but
WIGBERTO R. TAÑADA, JR., vs. still failed to do so. Besides, the obligatory force of
COMMISSION ON ELECTIONS, said duty should not be diluted by the temperament
ANGELINA D. TAN, AND ALVIN JOHN S. or occasional frustrations of the lawyer’s client,
TAÑADA especially so when the latter remains unsatisfied by
708 SCRA 188 G.R. Nos. 207199-200, the lawyer’s work.
OCTOBER 22, 2013
Case law states that the proclamation of a REMEDIAL LAW
congressional candidate following the election Second Division
divests the COMELEC of jurisdiction over Recantations
disputes relating to the election, returns, and
qualifications of the proclaimed representative in PEOPLE OF THE PHILIPPINES, vs.
favor of the HRET. Considering that Angelina had P/SUPT. ARTEMIO E. LAMSEN, PO2
already been proclaimed as Member of the House ANTHONY D. ABULENCIA, and SPO1
of Representatives for the 4th District of Quezon WILFREDO L. RAMOS
Province, the Court is now without jurisdiction to 709 SCRA 522, G.R. No. 198338,
resolve the case at bar. NOVEMBER 13, 3013
The rule is settled that in cases where previous
testimony is retracted and a subsequent different, if
not contrary, testimony is made by the same
REMEDIAL LAW witness, the test to decide which testimony to
Second Division believe is one of comparison coupled with the
Provisional Remedies application of the general rules of evidence. A
testimony solemnly given in court should not be set
OFFICE OF THE OMBUDSMAN aside and disregarded lightly, and before this can be
(VISAYAS), vs. COURT OF APPEALS and done, both the previous testimony and the
BERMELA A. GABUYA subsequent one should be carefully compared and
708 SCRA 523 G.R. No. 189801, OCTOBER juxtaposed, the circumstances under which each
23, 2013 was made, carefully and keenly scrutinized, and the
The ancillary remedy of preliminary injunction reasons or motives for the change discriminatingly
cannot exist except only as part of an independent analyzed.
action or proceeding. Thus, since the CA already
remanded the case to the Ombudsman for the CONSTITUTIONAL LAW
purpose of resolving Gabuya’s pending motion for En Banc
reconsideration, the writ of preliminary injunction Separation of Powers
issued by it, absent any countervailing justification
therefor, must be dissolved. GRECO ANTONIOUS BEDA B. BELGICA,
JOSE M. VILLEGAS, JR., JOSE L.
LEGAL ETHICS GONZALEZ, REUBEN M. ABANTE, and
Second Division QUINTIN PAREDES SAN DIEGO, vs.
Attorneys HONORABLE EXECUTIVE SECRETARY
PAQUITO N. OCHOA, JR., SECRETARY
OF BUDGET AND MANAGEMENT
 FLORENCIO B. ABAD, NATIONAL 710 SCRA 474, G.R. No. 194307, NOVEMBER
TREASURER ROSALIA V. DE LEON, 20, 2013
SENATE OF THE PHILIPPINES, It is not the application or registration of a
represented by FRANKLIN M. DRILON in trademark that vests ownership thereof, but it is the
his capacity as SENATE PRESIDENT, and ownership of a trademark that confers the right to
HOUSE OF REPRESENTATIVES, register the same. A trademark is an industrial
represented by FELICIANO S. property over which its owner is entitled to
BELMONTE, JR. in his capacity as property rights which cannot be appropriated by
SPEAKER OF THE HOUSE unscrupulous entities that, in one way or another,
710 SCRA 1, G.R. No. 208566, NOVEMBER happen to register such trademark ahead of its true
19, 2013 and lawful owner. The presumption of ownership
Post-enactment measures which govern the areas accorded to a registrant must then necessarily yield
of project identification, fund release and fund to superior evidence of actual and real ownership
realignment are not related to functions of of a trademark.
congressional oversight and, hence, allow
legislators to intervene and/or assume duties that AGRARIAN REFORM
properly belong to the sphere of budget execution. Second Division
From the moment the law becomes effective, any Right of Retention
provision of law that empowers Congress or any of
its members to pay any role in the implementation HEIRS OF ROMULO D. SANDUETA,
or enforcement of the law violates the principle of namely: GLORIA SANDUETA ELOPRE,
separation of powers and is thus unconstitutional. HEIRS OF JOSEPHINE S. NADALA,
represented by ROY S. NADALA,
REMEDIAL LAW HOFBOWER SANDUETA, NERISA
Second Division SANDUETA MICUBO, OSCAR
Judgment on the Pleadings SANDUETA, MARILYN SANDUETA
VELASCO, RONALD SANDUETA, and
GOVERNMENT SERVICE INSURANCE NAPOLEON SANDUETA, vs. DOMINGO
SYSTEM, vs. PRUDENTIAL GUARANTEE ROBLES, HEIRS OF TEODORO ABAN,
AND ASSURANCE, INC., namely: NERIO ABAN, VIRGINIO ABAN,
DEVELOPMENT BANK OF THE SUSANA ABAN, and DAVID ABAN; HEIRS
PHILIPPINES, and LAND BANK OF THE OF EUFRECENA** GALEZA, namely:
PHILIPPINES CESAR GALEZA, NESTOR GALEZA,
710 SCRA 337, G.R. No. 165585, November 20, ANGELA GALEZA, JUSTO GALEZA, KIA
2013 GALEZA PONCE, PORFERIA GALEZA
Judgment on the pleadings is appropriate when an NALZARO, ROSARIO GALEZA VELASCO,
answer fails to tender an issue, or otherwise admits HERMINIA GALEZA GUERRERO, and
the material allegations of the adverse party’s NONA GALEZA NACARIO
pleasing. It is a form of judgment that is exclusively 710 SCRA 491, G.R. No. 203204, NOVEMBER
based on the submitted pleadings without the 20, 2013
introduction of evidence as the factual issues The right of retention, as protected and enshrined
remain uncontroverted. in the Constitution, balances the effects of
compulsory land acquisition by granting the
MERCANTILE LAW landowner the right to choose the area to be
Second Division retained subject to legislative standards. Since the
Intellectual Property Right right is granted to limit the effects of compulsory
land acquisition, it is a prerequisite that the land
BIRKENSTOCK ORTHOPAEDIE GMBH falls under the coverage of the Operation Land
AND CO. KG (formerly BIRKENSTOCK Transfer Program of the government. If the land is
ORTHOPAEDIE GMBH), vs. PHILIPPINE beyond the ambit of the OLT Program, the
SHOE EXPO MARKETING landowner need not apply for retention since the
CORPORATION
appropriate remedy would be to apply for GUILLERMO AND MERCEDES
exemption. DYCHIAO, AND SPOUSES VICENTE
LEGAL ETHICS AND FILOMENA DYCHIAO, vs. ALLIED
Second Division BANK CORPORATION
Penalties 711 SCRA 479, G.R. No. 177921, DECEMBER
04, 2013
FELIPE C. DAGALA, vs. ATTY. JOSE C. Fortuitous events by definition are extraordinary
QUESADA, JR. and ATTY. AMADO T. event not foreseeable or avoidable. It is therefore
ADQUILEN not enough that the event should not have been
711 SCRA 206, A.C. No. 5044, DECEMBER foreseen or anticipated, as is commonly believed
02, 2013 but it must be one impossible to foresee or to
A retained counsel is expected to serve the client avoid. The mere difficulty to foresee the happening
with competence and diligence and not to sit idly is not impossibility to foresee the same. To
by and leave the rights of his client in a state of constitute a fortuitous event, the following
uncertainty. He is oblige to attend scheduled elements must concur: (a) the cause of the
hearings or conferences, prepare and file the unforeseen and unexpected occurrence or of the
required pleadings, prosecute the handled cases failure of the debtor to comply with obligations
with reasonable dispatch, and urge their must be independent of human will; (b) it must be
termination without waiting for the client or the impossible to foresee the event that constitutes the
court to prod him or her to do so. The appropriate caso fortuito or, if it can be foreseen, it must be
penalty on an errant lawyer depends on the exercise impossible to avoid; (c) the occurrence must be
of sound judicial discretion based on the such as to render it impossible for the debtor to
surrounding facts. fulfill obligations in a normal manner; and, (d) the
obligor must be free from any participation in the
CIVIL LAW aggravation of the injury or loss.
Second Division
Property CIVIL LAW
Second Division
LAURA E. PARAGUYA, vs. SPOUSES Contracts to Sell
ALMA ESCUREL-CRUCILLO and
EMETERIO CRUCILLO, and the OPTIMUM DEVELOPMENT BANK, vs.
REGISTER OF DEEDS OF SORSOGON SPOUSES BENIGNO V. JOVELLANOS and
711 SCRA 275, G.R. No. 200265, DECEMBER LOURDES R. JOVELLANOS
02, 2013 711 SCRA 548, G.R. No. 189145, DECEMBER
It is an established rule that a Torrens certificate of 04, 2013
title is not conclusive proof of ownership. A party In a contract to sell, the prospective seller binds
may seek its annulment on the basis of fraud or himself to sell the property subject of the
misrepresentation. However, such action must be agreement exclusively to the prospective buyer
seasonably filed, else the same would be barred. upon fulfillment of the condition agreed upon
The period to contest a decree of registration shall which is the full payment of the purchase price but
be one (1) year from the date of its entry and that, reserving to himself the ownership of the subject
after the lapse of the said period, the Torrens property despite delivery thereof to the prospective
certificate of title issued thereon becomes buyer. The unlawful detainer suit for illegally
incontrovertible and indefeasible. withholding possession of the subject property is
premised upon the cancellation or termination of
CIVIL LAW the Contract to Sell. Nonpayment of the
Second Division installments due had rendered the Contract to Sell
Fortuitous Event without force and effect, thus depriving the latter
of their right to possess the property.
METRO CONCAST STEEL
CORPORATION, SPOUSES JOSE S. LABOR LAW
DYCHIAO AND TIU OH YAN, SPOUSES Second Division
Substantial Evidence be mutually exclusive, and not alternative or
cumulative remedies. By failing to inform the Court
XAVIER C. RAMOS, vs. BPI FAMILY of Appeals of his subsequent filing of a notice of
SAVINGS BANK, INC. and ALFONSO L. appeal before the Philippine Postal Corporation,
SALCEDO, JR. De Guzman committed a violation of his
711 SCRA 590, G.R. No. 203186, DECEMBER certification against forum-shopping with the
04, 2013 Court of Appeals, which has been held to be a
In cases files before administrative or quasi-judicial ground for dismissal of an action distinct from
bodies, a fact may be deemed established if it is forum-shopping itself.
supported by substantial evidence, or that amount
of relevant evidence which a reasonable mind CIVIL LAW
might accept as adequate to justify a conclusion. Second Division
Novation
LABOR LAW
Second Division ACE FOODS, INC., vs. MICRO PACIFIC
Damages TECHNOLOGIES CO., LTD.,[1]
712 SCRA 679, G.R. No. 200602, DECEMBER
SANGWOO PHILIPPINES, INC. 11, 2013
EMPLOYEES UNION OLALIA, represented Novation in its broad concept, may either be
by PORFERIA SALIBONGCOGON, vs. extinctive or modificatory. It is extinctive when an
SANGWOO PHILIPPINES, INC. and/or old obligation is terminated by the creation of a
SANG IK JANG, JISSO JANG, WISSO JANG, new obligation that takes place of the former; it is
and NORBERTO TADEO merely modificatory when the old obligation
711 SCRA 618, G.R. No. 173229, DECEMBER subsists to the extent it remains compatible with
09, 2013 the amendatory agreement. In either case, however,
It is well to stress that while SPI had a valid ground novation is never presumed, and the animus novandi,
to terminate its employees, i.e., closure of business, whether totally or partially, must appear by express
its failure to comply with the proper procedure for agreement of the parties, or by their acts that are
termination renders it liable to pay the employee too clear and unequivocal to be mistaken.
nominal damages for such omission. An employer
which has a valid cause for dismissing its employee REMEDIAL LAW
but conducts the dismissal with procedural Second Division
infirmity is liable to pay the employee nominal Contempt
damages. However, case law exhorts that in
instances where the payment of such damages LETICIA P. LIGON, vs. THE REGIONAL
becomes impossible, unjust, or too burdensome, TRIAL COURT, BRANCH 56 AT MAKATI
modification becomes necessary in order to CITY AND ITS PRESIDING JUDGE,
harmonize the disposition with the prevailing JUDGE REYNALDO M. LAIGO, SHERIFF
circumstances. IV LUCITO V. ALEJO, ATTY. SILVERIO
GARING, MR. LEONARDO J. TING, AND
REMEDIAL LAW MR. BENITO G. TECHICO
Second Division 717 SCRA 373, G.R. No. 190028, FEBRUARY
Forum Shopping 26, 2014
Contempt of court has been defined as a willful
PHILIPPINE POSTAL CORPORATION, disregard or disobedience of a public authority. In
vs. COURT OF APPEALS and CRISANTO its broad sense, contempt is a disregard of, or
G. DE GUZMAN disobedience to, the rules or orders of a legislative
711 SCRA 632, G.R. No. 173590, December 09, or judicial body or an interruption of its proceeding
2013 by disorderly behavior or insolent language in its
De Guzman was also guilty of forum-shopping by presence or so near thereto as to disturb its
pursuing two (2) separate remedies – petition for proceedings or to impair the respect due to such a
certiorari and appeal – that have long been held to body. In its restricted and more usual sense,
contempt comprehends a despising of the Since the case lacks the essential requirement of
authority, justice, or dignity of a court. bad faith, the court deemed it inappropriate to
award the attorneys fee in favor of either party. It
CIVIL LAW was evidenced when CIAC, CA and this Court have
Second Division all found the parties original claims to be partially
Estoppel meritorious.

GMA NETWORK, INC., vs. NATIONAL REMEDIAL LAW

TELECOMMUNICATIONS COMMISSION Second Division
717 SCRA 435, G.R. No. 196112, FEBRUARY Substantial Evidence
26, 2014 INC Shipmanagement, Inc. vs. Moradas,
The State cannot be put in estoppel by the mistakes 713 SCRA 475, January 15, 2014
or errors of its officials or agents. Hence, whatever The corroborative testimonies of the staff and crew
irregularity had attended the issuance of the members were given credence by the court, absent
temporary permits in this case does not render any showing that they are lying. Also, the allegation
correct what appears to be erroneous procedure. of the petitioner that the damages was self –
inflicted was supported by the incident when the
ADMINISTRATIVE LAW respondent was caught pilfering the vessels
Second Division supplies. He was supposed to be relieved from duty
Court Personnel prior to the incident of burning. Thus, giving way
for the possibility of harboring bad feeling upon the
OFFICE OF THE COURT ships management. The matter establishes
ADMINISTRATOR, vs. PAZ P. substantial evidence in favor of the petitioner.
CAPISTRANO, COURT STENOGRAPHER
III, REGIONAL TRIAL COURT, QUEZON ADMINISTRATIVE LAW
CITY, BRANCH 224 Second Division
728 SCRA 439, A.M. No. P-13-3147, JULY 02, Public Officers
2014 Marquez vs. Ovejera,
No other office in the government service exercises 715 SCRA 332, February 05, 2014
a greater demand for moral righteousness and Despite her admission of non-submission
uprightness from an employee than in the Judiciary. of the interest of the time deposit she has for her
The Court has repeated emphasized that the 2004 and 2005 SALN, she cannot be held
conduct of court personnel, from the presiding administraviely liable for an infraction that was not
judge to the lowliest clerk, must always be included in the original charge.
circumscribed with the heavy burden of
responsibility as to let them be free from any REMEDIAL LAW
suspicion that may taint the judiciary. The Court Second Division
condemns and would never countenance any Forclosure of Mortgage
conduct, act or omission on the part of all those Quintos vs. Department of Agrarian
involved in the administration of justice, which Adjudication Board,
would violate the norm of public accountability and 715 SCRA 592, February 10, 2014
diminish or even just tend to diminish the faith of It is settled that a mortgagee does not become the
the people in the Judiciary. owner of the mortgaged property until he has
LEGAL ETHICS foreclosed the mortgage and, thereafter, purchased
Second Division the property at the foreclosure sale. In this light,
Attorneys Fee APT could not have been regarded as the
"landowner of the subject property. Absent any
The President of the Church of Jesus Christ of consent from GCFI, the standing owner of the
Latter Day Saints vs. BTL Construction subject property, it had no authority to enter into
Corporation any tenancy agreement with the KAMIFCI
713 SCRA 455, January 15, 2014 members. Since the law establishes a special
relationship in tenancy with important
consequences, it properly pinpoints the persons to 724 SCRA 668, June 04, 2014
whom said relationship shall apply. The court ruled not to base its decision on the
literal sense of Section 2, Article 26 of the family
REMEDIAL LAW code. Hence, they sought to render a decision on
Second Division the basis of the intent of the lawmakers.
Exhaustion of Administrative Remedies Disallowing a Filipino spouse to initiate an
Vales vs. Galinato, annulment case shall cause injustice and should not
718 SCRA 100, March 05, 2014 be the case for all.
The petitioners are denied neither of the right of
exemption nor retention because the assailed land REMEDIAL LAW
is covered under the Operation of Land Transfer Second Division
(OLT). The Deed of Sale executed by Sps. Vales in Actions
favor of the petitioners are not recognized by the Piedad vs. Gurieza,
tenants-farmers which is an essential requirement 727 SCRA 71, June 18, 2014
before the said instrument to have a binding effect The court ruled that Bonifacio never relinquished
upon them. the possession over the house and lot. And settled
is the rule that physical possession of the party is
ADMIISTRATIVE LAW not warranted to retain ownership of a property.
Second Division His employment of caretakers and establishment of
Pharmaceutical Products a hut renders that he merely tolerated the
Republic vs. Drugmaker's Laboratories, Inc., possession of the property by Sps. Gurieza as they
718 SCRA 153, March 05, 2014 were the last caretaker of the subject property.
The assailed Circular No. 1 and 8 by the respondent
which resumes the requirement of BA/BE prior LEGAL ETHICS
the issuance of Certificate of Product Registration Second Division
cannot be considered as administrative regulations. Attorney’s Fees
It merely intends to administer and supervise the Rana vs. Wong,
implementation of the provisions of AO 67, the 727 SCRA 539, June 30, 2014
order that introduced the circulars. In this light, the Initially, Sps. Rana are to be granted of the nominal
FDA may impose the questioned requisite of damage and temperate damage caused by the
BA/BE by virtue of Circular No. 1 and 8. demolition of the subject portion by Wong et al.,
she is being similarly held liable for nominal
REMEDIAL LAW damages by way of constructing the subject portion
Second Division thus introducing the nuisance per accidens.
Moot and Academic Naturally, the court sees it ample to offset the
Peñafrancia Sugar Mill, Inc. vs. Sugar damages caused by parties against each other. Since
Regulatory Administration, the case does not clearly and convincingly show
718 SCRA 212, March 05, 2014 that the motive for filling the case is precipitated by
malice or bad faith, neither of the parties shall be
During the pendency of the instant case, the awarded of the damages prayed for.
respondent issued Sugar Order no. 5 (2013-2014) CIVIL LAW
which revoked the effectivity of the assailed sugar Second Division
orders which renders the main issue to be moot. Quantum Meruit
Moreover, resolving the procedural issue on Rivelisa Realty, Inc, vs. First Sta. Clara
forum-shopping would not afford either party any Builders Corporation,
substantial relief or would have any practical legal 713 SCRA 618, January 15, 2014
effort. In consonance with the principle of
Quantum Meruit, the court finds it appropriate to
REMEDIAL LAW allow First Santa Clara to claim form Rivelisa the
Second Division amount equal to the partially completed work that
Moot and Academic the former rendered. Doing in contrast would
Republic vs. Manalo,
equate to unjust enrichment of the latter at the delaying the disposition of the case shall render her
expense of First Santa Clara. administratively liable thereto. Rules of Summary
Procedure clearly sets a period of 30 days from the
CIVIL LAW submission of the last affidavit or position paper
Second Division within which a decision thereon must be issued.
Builders inGood Faith The Judge merely rendered a decision only about
Heirs of Victorino Sarili, The vs. Lagrosa, two (2) years and four (4) months later. Likewise,
713 SCRA 726, January 15, 2014 her length of service of 17 years was taken against
The court affirmed the decision of the her for she should have known the elementary rule
appellate court. It was held that the mere reliance to which the law ascribe to.
of the petitioners on the executed Special Power of
Attorney issued to Ramon was forged. Hence, it ADMINISTRATIVE LAW
was ruled that no valid transfer of the subject was Second Division
obtained by Sps. Sarili because the source of such Court Personnel
right was void. Office of the Administrator vs. Ampong,
724 SCRA 488, June 04, 2014
CRIMINAL LAW In the case at bar, his designation of the respondent
Second Division at the time the offense was committed is
Qualified Rape immaterial. The underlying issue is that the
People vs. Cadano, Jr., administrative jurisdiction rests at the Supreme
719 SCRA 234, March 12, 2014 Court regardless of whether the status of
Since the effective law at the time when the first employment of the respondent as an officer of the
two crimes of rape was committed was the older court came before or after the commission of the
rape law of RA. 8353 (Anti-Rape Law), the offense.
qualifying circumstance of the accused moral
ascendancy towards the victim cannot be applied. LEGAL ETHICS
On the other hand, the third crime of rape given En Banc
that it was done after the amendment of the rape Notary Public
provision, the qualifying circumstance is properly Crisostomo vs. Nazareno,
appreciated. 726 SCRA 1, June 10, 2014
CONSTITUTIONAL LAW The court ruled that the acts of Navarro in filling
Second Division ejectment and rescission cases among different
Due Process individuals without disclosing such on the attached
Republic vs. Transunion Corporation, Certificate of Non-Forum Shopping constitutes
722 SCRA 273, April 21, 2014 not a failure to comply but a violation to the
The court sees that the petition of Transunion prohibition. Notably, he was the counsel and the
should not stand because they were not denied the notarial public for the submitted certificates. On
right to exhaust administrative remedies. The the same breath, Navarro failed to refute the
contended action of the LMD Director was merely allegation berated towards him. The matter
investigative in nature and not to adjudicate. establishes administrative liability. Further, the
Hence, them not being furnished of a copy belies court sanctioned him to be suspended to practice
no complication and no right to due process was law for 1 year.
violated.
REMEDIAL LAW
ADMINISTRATIVE LAW Second Division
Second Division Appeals
Undue Delay in Rendering a Decision Taganito Mining Corporation vs.
Dulang vs. Regencia, Commissioner of Internal Revenue,
724 SCRA 214, June 02, 2014 726 SCRA 637, June 18, 2014
Given the expeditious nature that the ejectment Because the petitioner calls for the review
case warrants, absent any acceptable reason in of the evidence to determine whether the input
taxes being claimed were paid and duly CIVIL LAW
substantiated which is outside the gambit of the First Division
court as trier of facts. Hence, the court is not Laches
persuaded that there is a need to deviate from the Sierra vs. Paic Savings and Mortgage Bank,
findings of the CTA. Inc.,
734 SCRA 694, September 10, 2014
LABOR LAW The Court has stressed that allegations must be
First Division proven by sufficient evidence because mere
Regular Employees allegation is not evidence. Where mistake or error
Omni Hauling Services, Inc. vs. Bon, is alleged by parties who claim to have not had the
734 SCRA 270, September 03, 2014 benefit of a good education, as in this case, they
Because the employees were not explicitly must establish that their personal circumstances
informed of the duration and scope of the project, prevented them from giving their free, voluntary,
they cannot be considered as project employees and spontaneous consent to a contract
under the guise of the Labor Code.
CIVIL LAW
LABOR LAW Second Division
First Division Reciprocal Obligations
Surety Bond Golden Valley Exploration, Inc. vs. Pinkian
Philippine Touristers, Inc. vs. MAS Transit Mining Company
Workers Union-Anglo-KMU, 726 SCRA 259, June 11, 2014
734 SCRA 298, September 03, 2014
While it has been settled that the posting of a cash The court correctly ruled that PMC may
or surety bond is indispensable to the perfection of exercise the right to unilaterally rescind the control
an appeal in cases involving monetary awards from in view of the violations committed by GVEI. Due
the decision of the LA. However, the filing of the to the express stipulation of a rescission provision
motion to reduce bond without compliance with in the Operating Agreement, and upon failure of
the requisites in the preceding paragraph shall not payment by GVEI, PMC is reinforced to exercise
stop the running of the period to perfect an appeal. its power to rescind unilaterally.
In this regard, it bears stressing that the reduction
of the bond provided thereunder is not a matter of CIVIL LAW
right on the part of the movant and its grant still Second Division
lies within the sound discretion of the NLRC upon Estoppel
a showing of meritorious grounds and the Rural Bank of Cabadbaran, Inc. vs. Melecio-
reasonableness of the bond tendered under the Yap,
circumstances. Hence, the court finds merit in 731 SCRA 244, July 30, 2014
favor of the petitioner. The mere reliance of the petitioner on the SPA’s
presumption of authenticity was not given
REMEDIAL LAW credence by the Court. The petitioner failed to
First Division show that disputed SPA was likewise entered into
Intervention by the respondents. In light of this, Erna have no
Pulgar vs. Regional Trial Court of Mauban, ostensible authority to execute the mortgage in
Quezon, Branch 64, behalf of the respondents. The SPA was declared
734 SCRA 527, September 10, 2014 null and void, however, it was maintained that Erna
During the pendency of the case, the main issued is must be held accountable to the mortgage
already dismissed by virtue of the mutually agreed agreement for she gave her unwavering consent by
Resolution executed by the Secretary of Finance. entering it.
Subsequently, its dismissal shall carry without the
dismissal of the motion of intervention filed by REMEDIAL LAW
complainant. Jurisdiction over an intervention is Second Division
governed by jurisdiction over the main action. Laches
 National Transmission Corporation vs. TAXATION LAW
Alphaomega Integrated Corporation, First Division
731 SCRA 299, July 30, 2014 Refund
The court denied the petition of AIC for the
modification of Final Award of the CIAC of the Commissioner of Internal Revenue vs. CE
amount of 17,495,117 to 18,896,673. The court Luzon Geothermal Power Company, Inc.,
ruled against the petitioner because the 15 day 735 SCRA 421, September 17, 2014
prescribed under the CIAC Rules to correct any
mathematical or typographical error was not made While both claims for refund were filed within the
by the petitioner. Instead, they have purposely sat two (2)-year prescriptive period, CE Luzon failed
on the said timeline supposedly for strategic to comply with the 120-day period as it filed its
purposes against Transco. judicial claim in C.T.A., thus, should be dismissed
on the ground of lack of jurisdiction for being
MERCANTILE LAW prematurely filed.
First Division
Unfair Competition ETHICS
Co vs. Yeung, First Division
735 SCRA 66, September 10, 2014 Notice

The court upheld the decision of the lower court Pagdanganan, Jr. vs. Sarmiento
and the Court of Appeals that unfair competition 735 SCRA 584, September 17, 2014
was by the petitioners. The act of selling and/or The reglementary period for filing a petition should
distributing the subject product packaged in the be reckoned from the date the counsel of record
bottle identical to that of the original constitutes had the notice of resolution, which is in
unfair competition. However, the court see it unfit consonance with the rule that if a litigant is
to hold the petitioner in violation of trademark represented by counsel, notices of all kinds,
infringement because at the time of the including court orders and decisions, must be
commission of the offense, the product was not yet served on said counsel, and notice to him is
patented in favor of the respondents. considered notice to his client.

LEGAL ETHICS CIVIL LAW

First Division First Division
Lawyer’s Oath Reconveyance
Almazan, Sr. vs. Suerte-Felipe, Zuñiga-Santos vs. Santos-Gran
735 SCRA 230, September 17, 2014 738 SCRA 33, October 08, 2014
Since the action for reconveyance for the property
The ruled that the act of the respondent in which is in the possession of the respondent was
notarizing the Extra-Judicial settlement in the City filed beyond the ten-year prescriptive period, the
of Marikina constitutes falsehood. Despite being implied trust has already prescribed and warrants
registered in the cities of Taguig, Pateros, San Juan the dismissal of the complaint.
and Mandaluyong in the years 1998 – 1999, he was
not vested with the authority to notarize outside his
jurisdiction, herein in this case is in Marikina City. CONSTITUTIONAL LAW
It also is in violation of Rule 1.01, Canon 1 of the First Division
Code of Professional Responsibility for it Right to Privacy
constitutes engaging in unlawful, dishonest,
immoral or deceitful conduct. The respondent is Lee vs. Ilagan
hereby sanctioned to be suspended from the 738 SCRA 59, October 08, 2014
practice of law for the period of six (6) months. While Ilagan purports a privacy interest in the
suppression of his sex video, he failed to explain
the connection between such interest and any
violation of his right to life, liberty or security which
is crucial in habeas data cases. REMEDIAL LAW
First Division
LABOR LAW Indispensable Parties
First Division
Seafarers People vs. Go
Canuel vs. Magsaysay Maritime Corporation 736 SCRA 501, September 24, 2014
738 SCRA 120, October 13, 2014 Respondents’ certiorari petition in CA, without the
Canuel suffered a work-related injury when he People, as represented by the OSG, having first
figured in an accident while performing his duties been impleaded should not have been resolved by
in the vessel. Compensability does not depend on the CA as it is jurisdictional that any indispensable
whether the injury or disease was pre- existing at party be impleaded in the proceedings before the
the time of the employment but rather if the disease court renders judgment.
or injury is work-related or aggravated his
condition.
CONSTITUTIONAL LAW
CRIMINAL LAW First Division
First Division Right to Speedy Disposition of Cases
BP 22
Rimando vs. Aldaba Majestic Finance and Investment Co., Inc. vs.
738 SCRA 232, October 13, 2014 Tito
Rimando’s acquittal and subsequent exoneration in 739 SCRA 217, October 22, 2014
the BP 22 cases had no effect in the estafa case even
if both cases were founded on the same factual The fact that it took Sps. Nazal almost 11 years to
circumstances because they present different move for the setting of the case for hearing, they
causes of action. had already lost their right to participate therein for
violation of the right to speedy disposition of cases
CRIMINAL LAW of the respondent.
Second Division

People vs. Dionaldo CIVIL LAW

731 SCRA 68, July 23, 2014 Second Division
Exemplary damages must be awarded in this case, Compromise Agreements
in view of the the fact that the kidnapping was Metro Manila Shopping Mecca Corp. vs.
committed for the purpose of extorting ransom, Toledo
which has resulted to the death of the victim, and 739 SCRA 399, November 10, 2014
in order to deter others from committing the same Since the Universal Compromise Agreement
atrocious acts. between the parties appears to have been executed
in accordance with the requirements of a valid
MERCANTILE LAW compromise agreement, the City of Manila cannot
First Division submit that it the had no effect on the subject
Final Rejection decision.
H.H. Hollero Construction, Inc. vs.
Government Service Insurance System
736 SCRA 303, September 24, 2014 REMEDIAL LAW
Petitioner’s causes of action for indemnity accrued First Division
from the date the GSIS rejected its claims in the Forcible Entry
first instance or from the “final rejection” of the Javier vs. Lumontad
claim. Given that it allowed more than twelve (12) 744 SCRA 1, December 03, 2014
months to lapse before filing the necessary Petitioner’s forcible entry complaint need not
complaint, its causes of action had already expressly employ the language of the law, it would
prescribed. suffice that facts are set up showing that one in
physical possession of a land or building has been the value of the thing stolen which must be proved
deprived of that possession by another through and not a mere uncorroborated “estimate.”
force, intimidation, threat, strategy or stealth.
REMEDIAL LAW
TAXATION LAWS First Division
First Division Extinguishment of Civil Liability
Tax Refunds Daluraya vs. Olivia
744 SCRA 193, December 08, 2014
Mindanao II Geothermal Partnership vs. Since Daluraya’s acquittal was based on the fact
Commissioner of Internal Revenue that the act or omission from which the civil
744 SCRA 143, December 08, 2014 liability may arise did not exist, his civil liability
Since the petitioner filed its administrative and should be deemed as non-existent by the nature of
judicial claims for refund/credit of its input VAT such acquittal.
in CTA during the period when BIR Ruling No.
DA-489-03 was in place, it need not wait for the LABOR LAW
expiration of the 120-day period before filing its First Division
judicial claim before the CTA, and hence, is Retirement Pay
deemed timely filed.
Villena vs. Batangas II Electric Cooperative,
ADMINISTRATIVE LAW Inc.
First Division 750 SCRA 55, February 04, 2015
Appointments While retirement pay and separation pay are not
mutually exclusive of each other, Villena cannot be
Philippine Amusement and Gaming granted entitlement to retirement pay which was
Corporation vs. De Guzman not included as an issue in the illegal dismissal case
744 SCRA 153, December 08, 2014 which had already been finally decided.
PAGCOR, as the one that appointed De Guzman
to her position is also only one that has the power AGRARIAN LAW
to remove or to discipline her for any First Division
transgressions she may have committed. Legal Interest

MERCANTILE LAW Land Bank of the Philippines vs. Heirs of

First Division Jesus Alsua
Liability of Corporate Officers 750 SCRA 121, February 04, 2015
Montallana vs. La Consolacion College Legal interest in expropriation cases is allowed
Manila where there is delay in the payment at the rate of
744 SCRA 163, December 08, 2014 12% interest p.a. from the time of taking until June
The order for respondents to pay Montallana 30, 2013 only, thereafter, or beginning July 1, 2013,
backwages should be deleted since there is no until fully paid, interest shall be at 6% p.a.
reason for them to be held liable because personal
liability of corporate directors, trustees or officers CRIMINAL LAW
does not attach except in circumstances as First Division
provided by law. Chain of Custody Rule

CRIMINAL LAW People vs. Sumili

First Division 750 SCRA 143, February 04, 2015
Qualified Theft The dangerous drug presented in court as evidence
Candelaria vs. People against an accused must be the same as that seized
744 SCRA 178, December 08, 2014 from him. The chain of custody requirement
A truck driver who failed to deliver diesel fuel removes any unnecessary doubts regarding the
placed under his custody and remains unaccounted identity of the evidence.
for shall be guilty of qualified theft and be liable for
REMEDIAL LAW First Division
First Division Robbery with Homicide
Chain of Custody People vs. Palma
751 SCRA 233, February 18, 2015
Bonsurbe, Jr. vs. Yerro The elements for the crime of robbery with
750 SCRA 490, February 11, 2015 homicide are present when evidence shows that
The chain of custody rule demands was not met accused were all armed with knives when they
when the police officer only delivered the sachet 2 broke into the house of Freddie, took certain
days after the buy-bust operation where it was personal properties, and, in the course thereof,
required be turned over to the PNP Crime stabbed him, resulting to his death.
Laboratory within 24 hours from its confiscation.
REMEDIAL LAW
First Division
REMEDIAL LAW Appeals
First Division Benabaye vs. People
Dismissal of Action 752 SCRA 26, February 25, 2015
While it is true that only Benabaye was able to
Yap-Co vs. Uy successfully perfect her appeal, the rule is that an
750 SCRA 504, February 11, 2015 appeal in a criminal proceeding throws the whole
Since the prosecution has not presented the case open for review of all its aspects, and thus shall
supposed Compromise Agreement for the court’s benefit the co-accused who did not appeal.
approval nor filed the required motion to that
effect, the case was not provisionally dismissed. LABOR LAW
First Division
REMEDIAL LAW Strained Relations
First Division Tatel vs. JLFP Investigation Security Agency,
Judgment Inc.
De Leon vs. Dela Llana 752 SCRA 55, February 25, 2015
750 SCRA 531, February 11, 2015 As reinstatement is no longer feasible in this case
because of the strained relations between the
Outright dismissal for failure to state a cause of parties and the fact that Tatel had since been
action was improper when the complaint employed with another company, separation pay is
sufficiently averred actual fraud on the part of awarded in lieu of reinstatement.
petitioner in procuring her title to the subject
property to the prejudice of respondents who claim
to have acquired it first. CRIMINAL LAW
First Division
CIVIL LAW Treachery
First Division
Redemption People vs. Casas
Guevarra vs. The Commoner Lending 752 SCRA 94, February 25, 2015
Corporation, Inc. There is no treachery when Casas, who acted in the
751 SCRA 144, February 18, 2015 heat of the moment, stabbed the victim since the
In addition to the principal and interest, the latter elected to intervene in the fistfight and was
repurchase price should also include all the aware of the danger to his life.
expenses of foreclosure, and considering that Sps.
Guevarra failed to redeem the subject property
within the one-year reglementary period, they are REMEDIAL LAW
liable to reimburse TCLC the corresponding DST First Division
and CGT it paid to the BIR. Attachment

CRIMINAL LAW Northern Islands Co., Inc. vs. Garcia

 753 SCRA 603, March 18, 2015 748 SCRA 633, January 28, 2015
With the RTC’s loss of jurisdiction over the Main Records reveal that Sykes Asia adequately informed
Case necessarily comes its loss of jurisdiction over petitioners of their employment status at the time
all matters merely ancillary thereto such as the of their engagement, which provides that they were
Attachment which is also considered appealed and hired in connection with a particular project, thus,
so also removed from the jurisdiction of the court a they were indeed project-based employees and not
quo. regular employees.

CRIMINAL LAW LABOR LAW

First Division First Division
Denials Two-notice rule

People vs. Balute Maersk-Filipinas Crewing, Inc. vs. Avestruz

748 SCRA 172, January 21, 2015 751 SCRA 161, February 18, 2015
The alibi and denial of Balute that he has no Avestruz was illegally dismissed there being no
knowledge of the charges against him and that he compliance with the two-notice rule when he was
was at a certain shop from morning to evening are merely verbally informed that he was dismissed
outweighed by positive identification by the from service and would be disembarked from the
eyewitnesses who are in the same car with the vessel by the captain because of the oily cover of
victim at the time of the incident. the garbage bin.

CRIMINAL LAW REMEDIAL LAW

First Division First Division
Moral Damages Money Judgment

People vs. Matibag Department of Environment and Natural

754 SCRA 529, January 25, 2015 Resources (DENR) vs. United Planners
Consultants, Inc. (UPCI)
In line with recent jurisprudence, civil indemnity in 751 SCRA 389, February 23, 2015
the amount of P100,000.00 and moral damages in
the amount of P100,000.00 are awarded to Duhan’s Despite finality of the confirmed arbitral award by
heirs without need of evidence other than the the RTC, the respondent has to first seek the
commission of the crime and Duhan’s death. approval of their monetary claim to the COA
which has primary jurisdiction over all execution of
ADMINISTRATIVE LAW money judgment against the Government.
First Division
Sheriff LEGAL ETHICS
Sabijon vs. De Juan First Division
748 SCRA 298, January 28, 2015 Conflict of Interest
The respondent, as a Sheriff, ought to know that a Anglo vs. Valencia
judgment debtor, is given the option to choose 751 SCRA 588, February 25, 2015
which among his properties or a part thereof may Respondents’ law firm represented conflicting
be levied upon and his failure to do so diminishes interests when the opposing parties in the present
or tending to diminish public trust and confidence criminal case against Anglo was represented by the
in the courts will not be tolerated. same law office which handled complainant’s labor
cases.

LABOR LAW
First Division REMEDIAL LAW
Valid Termination First Division
Gadia vs. Sykes Asia, Inc. Non-joinder of indispensable parties
 Divinagracia vs. Parilla client’s cause with diligence, care, and devotion,
753 SCRA 87, March 11, 2015 whether he accepts it for a fee or for free. He owes
fidelity to such cause and must always be mindful
In an action for partition, all the co-heirs and of the trust and confidence reposed upon him.
persons having an interest in the property are Therefore, a lawyer’s neglect of a legal matter
indispensable parties and will not lie without the entrusted to him by his client constitutes
joinder of the said parties. inexcusable negligence for which he must be held
administratively liable.

TAXATION LAW LEGAL ETHICS

First Division First Division
Tax Refunds Suspension from Practice of Law
Cargill Philippines, Inc. vs. Commissioner of
Internal Revenue SHIRLEY OLAYTA-CAMBA, vs. ATTY.
753 SCRA 124, March 11, 2015 OTILIO SY BONGON
Since Cargill’s administrative claim for refund was 754 SCRA 205, A.C. No. 8826, MARCH 25,
filed before the period when BIR Ruling No. DA- 2015
489-03 was in effect, the filing of its judicial claim Jurisprudence provides that in similar cases where
only 3 days later was correctly dismissed for being lawyers neglected their client’s affairs and, at the
prematurely filed. same time, failed to return the latter’s money
and/or property despite demand, the Supreme
LABOR LAW Court imposed upon them the penalty of
First Division suspension from the practice of law. However,
Termination of Employment there have been instances where the Court
tempered the penalty imposed upon a lawyer due
ST. LUKE’S MEDICAL CENTER, INC., vs. to humanitarian and equitable considerations.
MARIA THERESA V. SANCHEZ Taking into consideration respondent’s advanced
753 SCRA 218, G.R. No. 212054, MARCH 11, age, medical condition, and the fact that this is his
2015 first offense.
An employer may terminate an employment for any
of the following causes: (a) Serious misconduct or STATUTORY CONSTRUCTION
willful disobedience by the employee of the lawful First Division
orders of his employer or his representative in Statutes
connection with his work. Note that for an THE DEPARTMENT OF HEALTH,
employee to be validly dismissed on this ground, represented by SECRETARY ENRIQUE T.
the employer’s orders, regulations, or instructions ONA, and THE FOOD AND DRUG
must be: (1) reasonable and lawful; (2) sufficiently ADMINISTRATION (formerly the Bureau of
known to the employee; and, (3) in connection with Food and Drugs), represented by
the duties which the employee has been engaged to ASSISTANT SECRETARY OF HEALTH
discharge. NICOLAS B. LUTERO III, Officer-in-
Charge, vs. PHILIP MORRIS PHILIPPINES
LEGAL ETHICS MANUFACTURING, INC.
First Division 754 SCRA 452, G.R. No. 202943, MARCH 25,
Attorney-Client Relationship 2015
General legislation must give way to special
EDUARDO A. MAGLENTE, vs. ATTY. legislation on the same subject, and generally is so
DELFIN R. AGCAOILI, JR. interpreted as to embrace only cases in which the
753 SCRA 350, A.C. No. 10672, MARCH 18, special provisions are not applicable. In other
2015 words, where two statutes are of equal theoretical
It must be stressed that once a lawyer takes up the application to a particular case, the one designed
cause of his client, he is duty-bound to serve the therefore should prevail.
latter with competence, and to attend to such
MERCANTILE LAW allegedly seized from the accused strongly militates
First Division against a finding of guilt, as in this case. Therefore,
Corporate Rehabilitation as reasonable doubt persists on the identity of the
drugs allegedly seized from the accused, the latter’s
BPI FAMILY SAVINGS BANK, INC., vs. ST. acquittal should come as a matter of course.
MICHAEL MEDICAL CENTER, INC.
754 SCRA 493, G.R. No. 205469, MARCH 25, REMEDIAL LAW
2015 First Division
Restoration is the central idea behind the remedy Preliminary Investigation
of corporate rehabilitation. It contemplates a
continuance of corporate life and activities in an PRESIDENTIAL COMMISSION ON
effort to restore and reinstate the corporation to its GOOD GOVERNMENT, vs. OFFICE OF
former position of successful operation and THE OMBUDSMAN, RENATO D. TAYAG,
solvency, the purpose being to enable the company ISMAEL M. REINOSO, GENEROSO
to gain a new lease on life and allow its creditors to TANSECO, MANUEL MORALES, RUBEN
be paid their claims out of its earnings. B. ANCHETA, GERONIMO Z. VELASCO,
TROADIO T. QUIAZON, JR., FERNANDO
CIVIL LAW MARAMAG, EDGARDO TORDESILLAS,
First Division ARTURO R. TANCO, JR., GERARDO
Assignment of Credit SICAT, PANFILO O. DOMINGO,
FORT BONIFACIO DEVELOPMENT POTENCIANO ILUSORIO, MANUEL B.
CORPORATION, vs. VALENTIN L. FONG SYQUIO, RAFAEL M. ATAYDE,
754 SCRA 544, G.R. No. 209370, MARCH 25, HONORIO POBLADOR, JR., GEORGE T.
2015 SCHOLEY, TIRSO ANTIPORDA, JR.,
When a person assigns his credit to another person, CARLOS L. INDUCTIVO, and TEODORO
the latter is deemed subrogated to the rights as well VALENCIA
as to the obligations of the former. The practical 785 SCRA 55, G.R. No. 193176, FEBRUARY
efficacy of the assignment although valid between 24, 2016
Fong and MS Maxco, remains contingent on The duty of the Ombudsman in the conduct of
FBDC’s consent. Without the happening of said preliminary investigation is to establish whether
condition, only MS Maxco, and not Fong, can there exists probable cause to file an information in
collect on the credit. However, this finding does court against the accused. Preliminary investigation
not preclude any recourse that Fong may take is not the occasion for the full and exhaustive
against MS Maxco. After all, an assignment of display of the parties’ evidence. It is for the
credit for a consideration and covering a presentation of such evidence as may engender a
demandable sum of money is considered as a sale well-founded belief that an offense has been
of personal property. committed and that the accused is probably guilty
thereof. The validity and merits of a party’s
REMEDIAL LAW accusation or defense as well as admissibility of
First Division testimonies and evidence, are better ventilated
Object Evidence during the trial proper.

PEOPLE OF THE PHILIPPINES, vs. CIVIL LAW

CHARLIE SORIN y TAGAYLO First Division
754 SCRA 594, G.R. No. 212635, MARCH 25, Reconstitution of Titles
2015
It is well-settled that in criminal prosecution JOSE B. LURIZ, vs. REPUBLIC OF THE
involving illegal drugs, the presentation of the PHILIPPINES
drugs which constitute the corpus delicti of the crime 785 SCRA 142, G.R. No. 208948, FEBRUARY
calls for the necessity of proving with moral 24, 2016
certainty that they are the same seized items. The The reconstitution of a certificate of a title denotes
lack of conclusive identification of the illegal drugs restoration in the original form and condition of a
lost or destroyed instrument attesting the title of a
person to a piece of land. It partakes of a land
registration proceeding. Thus, it must be granted LABOR LAW
only upon clear proof that the title sought to be Second Division
restored was indeed issued to the petitioner or his Retirement
predecessor-in-interest, and such title was in force GRACE CHRISTIAN HIGH SCHOOL,
at the time it was lost or destroyed. represented by its Principal, DR. JAMES
TAN, vs. FILIPINAS A. LAVANDERA
CIVIL LAW 733 SCRA 498, G.R. No. 177845, AUGUST 20,
First Division 2014
Annulment of Marriage An employees retirement benefits under any
collective bargaining and other agreements shall
REPUBLIC OF THE PHILIPPINES, vs. not be less than those provided under the same –
REGHIS M. ROMERO II and OLIVIA that is, at least one-half (1/2) month salary for every
LAGMAN ROMERO. OLIVIA LAGMAN year of service, a fraction of at least six (6) months
ROMERO, vs. REGHIS M. ROMERO II being considered as one whole year – and that
785 SCRA 164, G.R. Nos. 209180 & 209253, unless the parties provide for broader inclusions,
FEBRUARY 24, 2016 the term one-half month salary shall mean fifteen
Psychological incapacity as a ground to nullify a (15) days plus one-twelfth (1/12) of the 13th month
marriage should refer to the most serious cases of pay and the cash equivalent of not more than five
personality disorders clearly demonstrative of an (5) days of service incentive leaves.
utter insensitivity or inability to give meaning and
significance to the marriage. That Reghis married AGRARIAN REFORM
Olivia not out of love, but out of reverence for the Second Division
latter’s parent’s does not constitute psychological Expropriation Proceedings
incapacity contemplated under the Family Code.
Any doubt should be resolved in favor of the JOSE T. LAJOM, represented by PORFIRIO
validity of the marriage and the indissolubility of RODRIGUEZ, FLORENCIA LAJOM
the marital tie. GARCIA-DIAZ, FRANCISCO LAJOM
GARCIA, JR., FERNANDO LAJOM
JUDICIAL ETHICS RODRIGUEZ, TOMAS ATAYDE,
First Division AUGUSTO MIRANDA, JOSEFINA
Motion for Extension of Time ATAYDE FRANCISCO, RAMON L.
ATAYDE, and BLESILDA ATAYDE RIOS,
FLORANTE A. MIANO, vs. MA. ELLEN M. vs. LAND BANK OF THE PHILIPPINES
AGUILAR 733 SCRA 511, G.R. No. 185048, AUGUST 20,
785 SCRA 338, A.M. No. RTJ-15-2408, 2014
MARCH 02, 2016 It is fundamental that just compensation should be
Failure to decide cases and other matters within the determined at the time of the property’s taking. The
reglementary period constitutes gross inefficiency date of taking of the subject land for purposes of
and warrants the imposition of administrative computing just compensation should be reckoned
sanction against the erring magistrate. The Court is from the issuance dates of the emancipation
not unmindful of the circumstances that may delay patents. Although the taking of properties for
the speedy disposition of cases assigned to judges, agrarian reform purposes is a revolutionary kind of
thus, the Court allows extensions of time within expropriation, it should not be carried out at the
which pending cases may be disposed of, upon a undue expense of landowners who are also entitled
seasonable filing of a request therefor and sufficient to protection under the Constitution and agrarian
justification. For failing to do so, respondent reform laws. The Court has previously allowed the
cannot evade administrative liability. grant of legal interest in expropriation cases where
there was delay in the payment of just
compensation, deeming the same to be an effective
forbearance on the part of the State. This
incremental interest is not granted on the The element of Malversation of Public Funds are
computed just compensation; rather, it is a penalty distinctly different from those of Technical
imposed for damages incurred by the landowner Malversation. In the crime of Malversation of
due to the delay in its payment. Public Funds, the offender misappropriates public
funds for his own personal use or allows any other
REMEDIAL LAW person to take such public funds for the latter’s
Second Division personal use. On the other hand, in Technical
Certification Against Forum Shopping Malversation, the public officer applies public
funds under his administration not for his or
LOURDES C. FERNANDEZ, vs. NORMA another’s personal use, but to a public use other
VILLEGAS and any person acting in her than that for which the fund was appropriated by
behalf including her family law or ordinance. Technical Malversation does not
733 SCRA 548, G.R. No. 200191, AUGUST 20, include, or is not necessarily included in the crime
2014 of Malversation of Public Fund.
It has been held that under reasonable or justifiable
circumstances – as in this case where the plaintiffs REMEDIAL LAW
or petitioners share a common interest and invoke First Division
a common cause of action or defense – the rule Judgments
requiring all such plaintiffs or petitioners to sign the
certification against forum shopping may be CHERITH A. BUCAL, vs. MANNY P.
relaxed. BUCAL
759 SCRA 262, G.R. No. 206957, JUNE 17,
2015
REMEDIAL LAW It is improper to enter an order which exceeds the
First Division scope of relief sought by the pleadings, absent
Doctrine of Immutability of Judgments notice which affords the opposing party an
opportunity to be heard with respect to the
MICHELIN ASIA PACIFIC APPLICATION proposed relief. The fundamental purpose of the
SUPPORT CENTER, INC., vs. MARIO J. requirement that allegations of a complaint must
ORTIZ provide the measure of recovery is to prevent
741 SCRA 121, G.R. No. 189861, NOVEMBER surprise to the defendant. For the same reason, this
19, 2014 protection against surprises granted to defendants
A definitive final judgment, however erroneous, is should also be available to petitioners. Both parties
no longer subject to change or revision. Settled is to a suit are entitled to due process against
the rule that a decision that has acquired finality unforeseen and arbitrary judgments.
becomes immutable and unalterable. This quality of
immutability precludes the modification of a final LABOR LAW
judgment, even if the modification is meant to First Division
correct erroneous conclusions of fact and law. Disability Benefits

CRIMINAL LAW ACE NAVIGATION COMPANY and VELA

First Division INTERNATIONAL MARINE LIMITED,
Technical Malversation vs. SANTOS D. GARCIA
759 SCRA 274, G.R. No. 207804, JUNE 27,
GOVERNOR ENRIQUE T. GARCIA, JR., 2015
vs. OFFICE OF THE OMBUDSMAN, A judicious review of the records reveals that
LEONARDO B. ROMAN, ROMEO L. Garcia was indeed unable to obtain any gainful
MENDIOLA, PASTOR P. VICHUACO, employment for more than 120 days after his
AURORA J. TIAMBENG and repatriation. However, this fact does not ipso facto
NUMERIANO G. MEDINA render his disability total and permanent. The
741 SCRA 172, G.R. No. 197567, NOVEMBER company-designated physician is given a leeway of
19, 2014 an additional 120 days, or a total of 240 days from
repatriation, to give the seafarer further treatment admission of guilt, remorse, length of service, or
and, thereafter, make a declaration as to the nature high performance rating.
of the latter’s disability.
ADMINISTRATIVE LAW
REMEDIAL LAW First Division
First Division Injunction
Appeals
MITSUBISHI MOTORS PHILIPPINES CARMELO V. CACHERO, vs. UNITED
CORPORATION, vs. BUREAU OF OVERSEAS BANK PHILS. and/or
CUSTOMS WESTMONT BANK
759 SCRA 306, G.R. No. 209830, JUNE 17, 762 SCRA 82, G.R. No. 180162, JULY 08, 2015
2015 A Sheriff performs a sensitive role in the
In view of respondent’s availment of a wrong mode dispensation of justice. He is duty-bound to know
of appeal via notice of appeal stating that it was the basic rules in the implementation of a writ of
elevating the case to the CA – instead of appealing execution and be vigilant in the exercise of that
by way of a petition for review to the CTA within authority. While sheriffs have the ministerial duty
thirty (30) days from receipt of a copy of the RTC’s to implement writs of execution promptly, they are
Order – the Court is constrained to deem the bound to discharge their duties with prudence,
RTC’s dismissal of respondent’s collection case caution, and attention which careful men usually
against petitioner final and executory. It is settled exercise in the management of their affairs. Settled
that the perfection of an appeal in the manner and is the rule that where a party has actual notice, no
within the period set by law is not only mandatory, matter how acquired, of an injunction clearly
but jurisdictional as well, and that failure to perfect informing him from what he must abstain, he is
an appeal within the period fixed by law renders the legally bound from that time to desist from what he
judgment appealed from final and executory. is restrained and inhibited from doing, and will be
punished for a violation thereof, even though it
ADMINISTRATIVE LAW may not have served, or may have been served to
First Division him defectively.
Court Personnel
REMEDIAL LAW
RE: REPORT OF ATTY. CARIDAD A. First Division
PABELLO, Chief of Office, Office of Res Judicata
Administrative Services-Office of the Court
Administrator (OAS-OCA), on Neglect of ROBERTO STA. ANA DY, JOSE ALAINEO
Duty of FERDINAND F. ANDRES, Human DY, and ALTEZA A. DY for themselves and
Resource Management Officer III, Regional as heirs/substitutes of deceased-petitioner
Trial Court (RTC)-Personnel Division, OAS- CHLOE ALINDOGAN DY, vs.
OCA, the Processor-in-Charge of BONIFACIO A. YU, SUSANA A. TAN, and
Appointment and the Alleged Erroneous SOLEDAD ARQUILLA substituting
Recording, Erasure, and Alteration of the deceased-respondent ROSARIO ARQUILLA
Performance Rating on the Record Book. 762 SCRA 357, G.R. No. 202632, JULY 08,
762 SCRA 26, A.M. No. 2014-07-SC, JULY 08, 2015
2015 Res judicata comprehends two concepts: (1) bar by
It is incumbent upon every government employee former judgment, and (2) conclusiveness of
to adapt all reasonable means to cope with the judgment. For res judicata to serve as an absolute
heavy workload, for the occupation demands no bar to a subsequent action, the following requisites
less than full and uncomplaining dedication to the must concur: (a) the former judgment or order
public service. The disciplining authority, the must be final; (b) the judgment or order must be on
Supreme Court in this case, is granted the the merits; (c) it must have been rendered by a court
discretion to consider mitigating circumstances in having jurisdiction over the subject matter and
the imposition of final penalty. These factors range, parties; and (d) there must be between the first and
among others, from the erring individual’s second actions, identity of parties, of subject
matter, and of causes of action. When there is no project employees should prove that: (a) the
identity of causes of action, but only an identity of duration and scope of the employment was
issues, there exists res judicata in the concept of specified at the time they were engaged; and (b)
conclusiveness of judgment. there was indeed a project.

REMEDIAL LAW REMEDIAL LAW

First Division First Division
Real Parties-In-Interest Third Party Claims

ANDY ANG, vs. SEVERINO PACUNIO, JE-AN SUPREME BUILDERS AND SALES
TERESITA P. TORRALBA, SUSANA CORPORATION, vs. PLANTERS
LOBERANES, CHRISTOPHER N. DEVELOPMENT BANK
PACUNIO, and PEDRITO P. AZARCON, 766 SCRA 463, G.R. No. 211742, AUGUST 12,
represented by their Attorney-in-Fact, 2015
GALILEO P. TORRALBA Where a parcel of land levied upon an execution is
762 SCRA 411, G.R. No. 208928, JULY 08, 2015 occupied by a party other than the judgment
The rule on real parties-in-interest has two (2) debtor, the procedure is for the court to order a
requirements, namely: (a) to institute an action, the hearing to determine the nature of said adverse
plaintiff must be the real party-in-interest; and (b) possession. The adverse third party may take other
the action must be prosecuted in the name of the legal remedies to prosecute his claim, such as
real party-in-interest. Interest within the meaning invoking the supervisory power of the RTC to
of the Rules of Court means material interest or an enjoin the enforcement/implementation of the
interest in issue to be affected by the decree or writ of possession, as what petitioners did in this
judgment of the case, as distinguished from mere case. However, the RTC does not and cannot pass
curiosity about the question involved. One having upon the question of title to the property, with any
no material interest cannot invoke the jurisdiction character of finality, and can treat of the matter only
of the court as the plaintiff in an action. When the as may be necessary to decide the question of
plaintiff is not the real party-in-interest, the case is whether or not the person in possession holds the
dismissible on the ground of lack of cause of action. property adversely to the judgment obligor. If the
claimant’s proofs do not persuade the court of the
LABOR LAW validity of his title or right of possession thereto,
First Division the claim will be denied.
Project Employees
ADMINISTRATIVE LAW
DIONISIO DACLES, vs. MILLENIUM First Division
ERECTORS CORPORATION and/or Violation of Reasonable Office Rules and
RAGAS TIU Regulations
762 SCRA 420, G.R. No. 209822, JULY 08, 2015
For an employee to be considered project-based, TERESITA R. MARIGOMEN, Clerk of
the employer must show that: (a) the employee was Court, COURT OF APPEALS, MANILA, vs.
assigned to carry out a specific project or RONELO G. LABAR, Driver, Mailing and
undertaking; and (b) the duration and scope of Delivery Section, COURT OF APPEALS,
which were specified at the time the employee was CEBU STATION
engaged for such project. Being assigned to a 768 SCRA 15, A.M. No. CA-15-33-P, AUGUST
project or a phase thereof which begins and ends at 24, 2015
determined or determinable times, the services of Labar should be held liable for violation of
project employees may be lawfully terminated at reasonable office rules and regulations for his
the completion of such project or phase. unjustified presence at the maintenance section of
Consequently, in order to safeguard the rights of the CA-Cebu without official business thereat or
workers against the arbitrary use of the word without a valid pass slip from the Assistant Clerk
“project” to prevent them from attaining regular of Court. Likewise, he should be held liable for the
status, employers claiming that their workers are offense of gambling prohibited by law under the
same rules, for having committed gambling on the ROGER ALLEN BIGLER, vs. PEOPLE OF
same incident. THE PHILIPPINES and LINDA SUSAN
PATRICIA E. BARRETO
TAXATION LAW 785 SCRA 479, G.R. No. 210972, MARCH 02,
First Division 2016
Tax Refunds In a catena similar cases where the accused failed to
perfect their appeal on their respective judgments
CE LUZON GEOTHERMAL POWER of convictions, the Court corrected the penalties
COMPANY, INC., vs. COMMISSIONER OF imposed notwithstanding the finality of the
INTERNAL REVENUE decisions because they were outside the range of
768 SCRA 269, G.R. Nos. 200841-42, AUGUST penalty prescribed by the law. There is thus, no
26, 2015 reason to deprive petitioner of the relief afforded
The rule be that during the period December 20, the accused in the aforesaid similar cases. A
2003 to October 6, 2010, taxpayers-claimants need sentence which imposes upon the defendant in a
not observe the 120-day period before it could file criminal prosecution a penalty in excess of the
a judicial claim for refund of excess input VAT maximum which the court is authorized by law to
before the CTA. Before and after the impose for the offense for which the defendant was
aforementioned period, the observance of the 120- convicted, is void for want or excess of jurisdiction
day period is mandatory and jurisdictional to the as to the excess.
filing of such claim.
CRIMINAL LAW
REMEDIAL LAW First Division
First Division Rape
Preliminary Injunction PEOPLE OF THE PHILIPPINES, vs.
GODOFREDO COMBOY y CRONICO
SPOUSES ROMULO H. ESPIRITU and 785 SCRA 512, G.R. No. 218399, MARCH 02,
EVELYN ESPIRITU, vs. SPOUSES 2016
NICANOR SAZON and ANNALIZA G. Statutory Rape is committed by having sexual
SAZON intercourse with a woman below twelve (12) years
785 SCRA 454, G.R. No. 204965, MARCH 02, of age regardless of her consent, or lack of it, to the
2016 sexual act. Proof of force, threat. Or intimidation,
A preliminary injunction is an order granted at any or consent of the offended party is unnecessary as
stage of an action or proceeding prior to the these are not elements of statutory rape,
judgment or final order requiring a party or a court, considering that the absence of free consent is
an agency, or a person to refrain from a particular conclusively presumed when the victim is below
act or acts. Its essential role is preservative of the the age of twelve (12). The law presumes that the
rights of the parties in order to protect the ability offended party does not possess discernment and
of the court to render a meaningful decision, or in is incapable of giving intelligent consent to the
order to guard against a change of circumstances sexual act.
that will hamper or prevent the granting of the
proper relief after the trial on the merits. The grant REMEDIAL LAW
or denial of a writ of preliminary injunction is En Banc; Criminal Procedure
discretionary upon the trial court because the Preliminary Investigation
assessment and evaluation of evidence towards that
end involve findings of fact left to the said court for JESSICA LUCILA G. REYES, vs. THE
its conclusive determination. HONORABLE OMBUDSMAN, JESSICA
LUCILA G. REYES, vs. THE HONORABLE
CRIMINAL LAW SANDIGANBAYAN (THIRD DIVISION)
First Division and PEOPLE OF THE PHILIPPINES,
Penalties JANET LIM NAPOLES, vs. CONCHITA
CARPIO-MORALES in her official capacity
as OMBUDSMAN, PEOPLE OF THE
PHILIPPINES, and SANDIGANBAYAN, JO ALIBIN, as substituted by his heirs, namely:
CHRISTINE NAPOLES and JAMES BEATRIZ A. TORZAR, VIRGINIA A.
CHRISTOPHER NAPOLES, vs. TARAYA, ROSARIO A. MARCO, JESUS A.
CONCHITA CARPIO-MORALES, in her ALIBIN, and JAY ALIBIN, as substituted by
official capacity as OMBUDSMAN, PEOPLE his children, namely: JAYNES ALIBIN, JAY
OF THE PHILIPPINES, and ALIBIN, and JESUS ALIBIN, JR.
SANDIGANBAYAN, JO CHRISTINE 733 SCRA 1, G.R. No. 196129, AUGUST 13,
NAPOLES and JAMES CHRISTOPHER 2014
NAPOLES, vs. SANDIGANBAYAN and The Supreme Court is not a trier of facts and,
PEOPLE OF THE PHILIPPINES, JOHN hence, does not normally undertake the
RAYMUND DE ASIS, vs. CONCHITA reexamination of the evidence presented by the
CARPIO-MORALES, in her official capacity contending parties during the trial of the case,
as OMBUDSMAN, PEOPLE OF THE considering that the factual findings of the CA are
PHILIPPINES, and SANDIGANBAYAN generally conclusive and binding on the Court,
(THIRD DIVISION) especially if they do not contradict those of the trial
787 SCRA 354, G.R. Nos. 212593-94., 213163- court. Points of law, theories, issues and arguments
78, 213540-41, 213542-43, 215880-94, 213475-76, not brought to the attention of the lower court
MARCH 15, 2016 need not be considered by a reviewing court, as
A preliminary investigation is not the occasion for they cannot be raised for the first time at that late
the full and exhaustive display of the prosecution’s stage.
evidence, and that the presence or absence of the
elements of the crime is evidentiary in nature and is LABOR LAW
a matter of defense that may be passed upon after Second Division
a full-blown trial on the merits. Therefore, the Due Process
validity and merits of a party’s defense or
accusation, as well as the admissibility of LEI SHERYLL FERNANDEZ, vs. BOTICA
testimonies and evidence, are better ventilated CLAUDIO represented by GUADALUPE
during trial proper than at the preliminary JOSE
investigation level. 733 SCRA 133, G.R. No. 205870, AUGUST 13,
2014
LEGAL ETHICS Jose eventually participated in the appeal
En Banc proceedings by filing not only one but two motions
Attorneys for reconsideration from the NLRC Resolution,
thereby negating any supposed denial of due
CHAMELYN A. AGOT, vs. ATTY. LUIS P. process on her part. The availment of the
RIVERA opportunity to seek reconsideration of the action
732 SCRA 12, A.C. No. 8000, AUGUST 05, 2014 or ruling complained of in labor cases amounts to
Respondent misrepresented himself as an due process.
immigration lawyer which resulted to complainant
seeking his assistance when in truth he had no ADMINISTRATIVE LAW
specialization in immigration law but merely had a First Division
contact. His deception is not only unacceptable, Immorality
disgraceful, and dishonorable to the legal DOROTHY FE MAH-AREVALO, vs.
profession and reveals a basic flaw that makes him JUDGE CELSO L. MANTUA, REGIONAL
unfit to practice law. TRIAL COURT OF PALOMPON, LEYTE,
BRANCH 17
REMEDIAL LAW 740 SCRA 567, A.M. No. RTJ-13-2360,
Second Division NOVEMBER 19. 2014
Appeals Immorality has been defined to include not only
sexual matters but also conduct inconsistent with
CARIDAD RODRIGUEZA, as substituted by rectitude, or indicative of corruption, indecency,
RUFINO RODRIGUEZA, vs. DOMINGO depravity, and dissoluteness; r is willful, flagrant, or
shameless conduct showing moral indifference to a full-blown administrative trial regarding her
opinions of respectable members of the misdeeds which could potentially result in her
community, and an inconsiderate attitude toward termination for just cause.
good order and public welfare. There is no doubt
that engaging in an extramarital affair is not only a CIVIL LAW
violation of the moral standards expected of the First Division
members and employees of the judiciary but is also Compromise Agreements
a desecration of the sanctity of the institution of
marriage which the Supreme Court abhors and is, PHILIPPINE TRANSMARINE CARRIERS,
thus, punishable. INC., CARLOS C. SALINAS, and
NORWEGIAN CREW MANAGEMENT
REMEDIAL LAW A/S, vs. CESAR C. PELAGIO
First Division 766 SCRA 447, G.R. No. 211302, AUGUST 12,
Certiorari 2015
A compromise agreement is a contract whereby the
CENTRAL BICOL STATE UNIVERSITY parties, by making reciprocal concessions, avoid a
OF AGRICULTURE, represented by its litigation or put an end to one already commenced.
President, ATTY. MARIO T. BERNALES, Once entered into, it has the effect and the
vs. PROVINCE OF CAMARINES SUR, authority of res judicata upon the parties. A valid
represented by GOVERNOR LUIS compromise agreement may render a pending case
RAYMUND F. VILLAFUERTE, JR. and moot and academic. However, the parties may opt
GAWAD KALINGA FOUNDATION, INC. to put therein clauses, conditions, and the like that
represented by its Executive Director, JOSE would prevent a pending case from becoming moot
LUIS OQUIÑENA, and its Camarines Sur and academic – such as when the execution of such
Chapter Head, HARRY AZANA agreement is without prejudice to the final
764 SCRA 394, G.R. No. 210861, JULY 29, 2015 disposition of the said case.
As a general rule, a petition for certiorari must be
filed strictly within sixty (60) days from notice of CIVIL LAW
judgment or from the order denying a motion for First Division
reconsideration. Under exceptional cases, the Diligence of a Good Father of the Family
Court has held that the 60-day period may be
extended subject to the court’s sound discretion. G.V. FLORIDA TRANSPORT, INC., vs.
There should be an effort on the part of the party HEIRS OF ROMEO L. BATTUNG, JR.,
invoking liberality to advance a reasonable or represented by ROMEO BATTUNG, SR.
meritorious explanation for his/her failure to 772 SCRA 579, G.R. No. 208802, OCTOBER
comply with the rules. 14, 2015
The law exacts from common carriers the highest
LABOR LAW degree of diligence – extraordinary diligence – in
First Division ensuring the safety of its passengers. However, the
Resignation law provides a lesser degree of diligence – diligence
of a good father of the family – for injuries suffered
CENTRAL AZUCARERA DE BAIS, INC. by a passenger on account of willful acts or
and ANTONIO STEVEN L. CHAN, vs. negligence of other passengers or strangers in
JANET T. SIASON assessing the existence of any culpability on the
764 SCRA 494, G.R. No. 215555, JULY 29, 2015 common carrier’s part.
Resignation is the formal pronouncement or
relinquishment of a position or office. It is the LABOR LAW
voluntary act of an employee. The intent to First Division
relinquish must concur with the overt act of Reinstatement
relinquishment. While it may be said that she did
not tender her resignation wholeheartedly, she
voluntarily resigned from her job in order to avoid
 MELVIN P. MALLO, vs. SOUTHEAST engagement was clearly in pursuit of a private
ASIAN COLLEGE, INC. and EDITA business venture, akin to the services offered by
ENATSU real estate brokers. She not only expended her time
772 SCRA 657, G.R. No. 212861, OCTOBER and effort which should have been devoted to the
14, 2015 performance of her official functions, but she had
Mallo’s filing of a complaint for illegal dismissal, also tainted the integrity of her office by giving the
coupled with his prior acts of actively inquiring impression that she could have wielded her
about his teaching load, negate any intention on his authority or influence in exchange for unofficial
part to sever his employment. Abandonment of favors.
position is a matter of intention and cannot be
lightly inferred, much less legally presumed, from CRIMINAL LAW
certain equivocal acts. Since Mallo was not First Division
dismissed and that he never abandoned his job, it is Estafa through Misappropriation
only proper for him to report back to work and for
respondents to reinstate him to his former position PAZ CHENG y CHU, vs. PEOPLE OF THE
or a substantially equivalent one in its stead. PHILIPPINES
780 SCRA 347, G.R. No. 174113, JANUARY 13,
CIVIL LAW 2016
First Division The right to a commission only establishes the
Default relation of principal and agent, with the agent
coming under the obligation to turn over to the
MAYBANK PHILIPPINES, INC. (formerly principal the amount collected minus such
PNB-Republic Bank), vs. SPOUSES OSCAR commission. If the agent should retain more than
and NENITA TARROSA the commission, she would be guilty of estafa
772 SCRA 670, G.R. No. 213014, OCTOBR 14, through misappropriation. Yet, because the
2015 transaction between Rodriguez and the petitioner
An action to enforce a right arising from a was a sale, the former effectively transferred to the
mortgage should be enforced within ten (10) years latter the possession and the ownership of the
from the time the right of action accrues, i.e., when items of jewelry. Once the ownership of the jewelry
the mortgagor defaults in the payment of his became vested in the latter, she could not
obligation to the mortgagee. It is not sufficient that misappropriate the items of jewelry.
the law or obligation fixes a date for performance.
It must further state expressly that after the period REMEDIAL LAW
lapses, default will commence. It is only when First Division
demand to pay is unnecessary or when required, Lis Pendens
such demand is made and subsequently refused that SPOUSES RAMON and LIGAYA
the mortgagor can be considered in default and the GONZALES, vs. MARMAINE REALTY
mortgagee obtains the right to file an action to CORPORATION, represented by MARIANO
collect the debt or foreclose the mortgage. MANALO
781 SCRA 63, G.R. No. 214241, JANUARY 13,
ADMINISTRATIVE LAW 2016
First Division Founded upon public policy and necessity, lis
Moonlighting pendens is intended to keep the properties in
ANTONIO A. FERNANDEZ, vs. MILA A. litigation within the power of the court until
ALER-TA litigation is terminated; and to prevent the defeat of
780 SCRA 248, A.M. No. P-15-3344, the judgment or decree by subsequent alienation.
JANUARY 13, 2016 Its notice is an announcement to the whole world
Moonlighting is denominated as the light offense that a particular property is in litigation and serves
of “the pursuit of a private business or vocation as a warning that one who acquires an interest over
without the permission required under the Civil said property does so at his own risk or that he
Service rules and regulations.” In dealing and gambles on the result of the litigation over said
transacting with external government agencies, her property.
 Mandamus will not issue to enforce a right which is
REMEDIAL LAW in substantial dispute or to which a substantial
First Division; Criminal Procedure; Pleadings doubt exists. The writ of mandamus may only issue
and Practice; Information if the party claiming it has a well-defined, clear, and
GIRLIE M. QUISAY, vs. PEOPLE OF THE certain legal right to the thing demanded, and that
PHILIPPINES it was the imperative duty of respondent to
781 SCRA 98, G.R. No. 216920, JANUARY 13, perform the act required to accord the same upon
2016 him.
As a general rule, complaints or informations filed
before the courts without the prior written CIVIL LAW
authority or approval of the foregoing authorized First Division
officers renders the same defective and, therefore, Sale on Installment
subject to quashal. The filing of an Information by
an officer without the requisite authority to file the EQUITABLE SAVINGS BANK (now known
same constitutes a jurisdictional infirmity which as the merged entity “BDO Unibank, Inc.”),
cannot be cured by silence, waiver, acquiescence, or vs. ROSALINDA C. PALCES
even by express consent. Hence, such ground may 787 SCRA 260, G.R. No. 214752, MARCH 09,
be raised at any stage of the proceedings. 2016
The respondent never bought the subject vehicle
LEGAL ETHICS from petitioner but from a third party, and merely
En Banc; Attorneys sought financing from petitioner for its full
Code of Professional Responsibility purchase price. In order to document the loan
transaction, a Promissory Note with Chattel
SPOUSES JONATHAN and ESTER Mortgage was executed wherein, inter alia,
LOPEZ, vs. ATTY. SINAMAR E. LIMOS respondent acknowledged her indebtedness to
782 SCRA 609, A.C. No. 7618, FEBRUARY 02, petitioner. There was no vendor-vendee
2016 relationship since a loan contract with accessory
Undoubtedly, the Court’s patience has been tested chattel mortgage contract – and not a contract of
to the limit by what in hindsight amount to a sale of personal property in installments – was
lawyer’s impudence and disrespectful bent. At the entered into by the parties.
minimum, members of the legal fraternity owe
courts of justice respect, courtesy, and such other CIVIL LAW
becoming conduct essential in the promotion of First Division
orderly, impartial, and speedy justice. The blatant Judicial Declaration of Presumptive Death
disregard on directives of the Investigating
Commissioner of IBP to attend the mandatory REPUBLIC OF THE PHILIPPINES, vs.
conference and to submit a position paper, such NILDA B. TAMPUS
audacity caused undue delay in the resolution of the 787 SCRA 563, G.R. No. 214243, MARCH 16,
instant administrative case and contravenes the 2016
Code of Professional Responsibility. The premise of the Family Code places upon the
present spouse the burden of complying with the
REMEDIAL LAW stringent requirement of “well-founded belief’
First Division which can only be discharged upon a showing of
Mandamus proper and honest-to-goodness inquiries and
efforts to ascertain not only the absent spouse’s
FELICITO M. MEJORADO, vs. HON. whereabouts. But more importantly, whether the
FLORENCIO B. ABAD, in his capacity as latter is still alive or is already dead.
the Secretary of the Department of Budget
and Management AGRARIAN REFORM
787 SCRA 249, G.R. No. 214430, MARCH 09, First Division
2016 Agrarian Leasehold Relationship
 CITA C. PEREZ, vs. FIDEL D. AQUINO suspension of Lopez’s work. The continuation of
787 SCRA 581, G.R. No. 217799, MARCH 16, his engagement with Irvine, either in Cavite or in
2016 any of its business locations should not have been
The existence of an agricultural leasehold affected by the culmination of the Cavite project
relationship is not terminated by changes in alone.
ownership in case of sale, since the purpose of the
law is to strengthen the security of tenure of LABOR LAW
tenants. This notwithstanding, petitioner, as the First Division
new owner is bound to respect and maintain Demotion
respondent as tenant of the subject land because of PHILIPPINE AIRLINES, INC., vs.
the latter’s tenancy right attached to the land ALEXANDER P. BICHARA
regardless of who its owner may be. 769 SCRA 139, G.R. No. 213729,
SEPTEMBER 02, 2015
LABOR LAW Already settled is the illegality of Bichara’s
First Division demotion with finality, he should be awarded the
Termination of Employment salary differential of a flight purser from a flight
steward from the time of his illegal demotion up
UNIVERSAL ROBINA SUGAR MILLING until he was retrenched. The award of salary
CORPORATION, vs. ELMER ABLAY, differential is not dependent on the validity of his
ILDEFONSO CLAVECILLAS, STANLEY termination as it is intrinsically linked to the
BLAZA, VINCENT VILLAVICENCIO, illegality of his Demotion. With this direct relation,
ROBERTO CACAS, and ELSA CADAYUNA, there should be no obstacle in rendering this award.
in behalf of her deceased husband,
ELEAZAR CADAYUNA LABOR LAW
787 SCRA 593, G.R. No. 218172, MARCH 16, First Division
2016 Loss of Trust and Confidence
Ablay’s conviction as an accomplice to the murder CEBU PEOPLE’S MULTI-PURPOSE
of petitioner’s former assistant manager had COOPERATIVE and MACARIO G.
strained the relationship between Ablay and QUEVEDO, vs. NICERATO E.
petitioner. Ablay should not be reinstated in the CARBONILLA, JR.
company instead be paid separation pay, as 782 SCRA 418, G.R. No. 212070, JANUARY
reinstatement would only create an atmosphere of 27, 2016
antipathy. It should be clarified that said strained Employers are allowed a wider latitude of
relation should not affect the grant of benefits in discretion in terminating the services of employees
his favor prior to his conviction, as the latter who perform functions by which their nature
pertains to an offense entirely separate and distinct requires the employer’s full trust and confidence.
from the acts constituting petitioner’s charges Mere existence of basis for believing that the
against him. employee has breached trust and confidence of the
employer is sufficient and does not require proof
LABOR LAW beyond reasonable doubt. Thus, when an employee
First Division has been guilty of breach of trust or his employer
Suspension of Business Operation has ample reason to distrust him, a labor tribunal
cannot deny the employer the authority to dismiss
CRISPIN B. LOPEZ, vs. IRVINE him.
CONSTRUCTION CORP. and TOMAS SY
SANTOS AGRARIAN REFORM
733 SCRA 589, G.R. No. 207253, AUGUST 20, First Division
2014 Just Compensation
Lopez is a regular and not a project employee. The
supposed layoff of Lopez was hardly justified LAND BANK OF THE PHILIPPINES, vs.
considering the absence of any causal relation EDGARDO L. SANTOS, represented by his
between the cessation of Irvine’s project with the assignee, ROMEO L. SANTOS, EDGARDO
 L. SANTOS, represented by his assignee, The requirement of paying the full amount of the
ROMEO L. SANTOS, vs. LAND BANK OF appellate docket fees within the prescribed period
THE PHILIPPINES is not a mere technicality of law or procedure. The
782 SCRA 441, G.R. Nos. 213863 & 214021, payment of docket fees within the prescribed
JANUARY 27, 2016 period is mandatory for the perfection of an appeal.
Without such payment, the appeal is not perfected.
In expropriation cases, interest is imposed if there The appellate court does not acquire jurisdiction
is delay in the payment of just compensation to the over the subject matter of the action and the
landowner since the obligation is deemed to be an Decision sought to be appealed from becomes final
effective forbearance on the part of the State. Such and executory.
interest shall be pegged at the rate of twelve percent
(12%) per annum on the unpaid balance of the just ADMINISTRATIVE LAW
compensation, reckoned from the time of taking, First Division
or the time when the landowner was deprived of Revised Rules on Administrative Cases in the
the use and benefit of his property until full Civil Service; Penalties
payment. OFFICE OF THE OMBUDSMAN-FIELD
INVESTIGATION OFFICE, vs. ROLANDO
LABOR LAW B. FALLER
First Division 792 SCRA 361, G.R. No. 215994, JUNE 06,
Length of Service 2016
Under the Revised Rules of Administrative Cases
SECURITY BANK SAVINGS in the Civil Service, if the respondent is found guilty
CORPORATION (formerly PREMIERE of two (2) or more charges, the penalty for the most
DEVELOPMENT BANK)/HERMINIO M. serious charge shall be imposed and the other
FAMATIGAN, JR., vs. CHARLES M. charges shall be considered as aggravating
SINGSON circumstances. Likewise, the maximum of the
784 SCRA 30, G.R. No. 214230, FEBRUARY penalty shall be imposed where only aggravating
10, 2016 and no mitigating circumstances are present.
The fact that private respondent served petitioner
for more than twenty years with no negative record AGRARIAN REFORM
prior to his dismissal does not call for such award Special First Division
of benefits, since his violation reflects a regrettable Just Compensation
lack of loyalty and worse, betrayal of the company.
If an employee’s length of service is to be regarded LAND BANK OF THE PHILIPPINES, vs.
as a justification for moderating the penalty of ALFREDO HABABAG, SR., substituted by
dismissal, such gesture will actually become a prize his wife, CONSOLACION, and children,
for disloyalty, distorting the meaning of social namely: MANUEL, SALVADOR, WILSON,
justice and undermining the efforts of labor to JIMMY, ALFREDO, JR., and JUDITH, all
cleanse its ranks of undesirables. Length of Service surnamed HABABAG, ALFREDO
is not a bargaining chip that can simply be stacked HABABAG, SR., substituted by his wife,
against the employer. CONSOLACION, and children, namely:
MANUEL, SALVADOR, WILSON, JIMMY,
REMEDIAL LAW ALFREDO, JR., and JUDITH, all surnamed
First Division HABABAG, vs. LAND BANK OF THE
Appeals PHILIPPINES and the DEPARTMENT OF
AGRARIAN REFORM
SPOUSES EDMOND LEE and HELEN 792 SCRA 399, G.R. Nos. 172352 & 172387-88,
HUANG, vs. LAND BANK OF THE JUNE 08, 2016
PHILIPPINES The Court had illuminated that the substantiality of
784 SCRA 342, G.R. No. 218867, FEBRUARY the payments made by the LBP is not the
17, 2016 determining factor in the imposition of interest as
nothing less than full payment of just
compensation is required. The value of the HEIRS OF JOSE EXTREMADURA,
landholdings themselves should be equivalent to represented by ELENA H.
the principal sum of the just compensation due, and EXTREMADURA, vs. MANUEL
that interest is due and should be paid to EXTREMADURA and MARLON
compensate for the unpaid balance of this principal EXTREMADURA
sum after the taking has been completed. 793 SCRA 581, G.R. No. 211065, JUNE 15,
2016
ADMINISTRATIVE LAW The execution of a public instrument gives rise only
First Division to a prima facie presumption of delivery, which is
Government-Owned and Controlled negated by the failure of the vendee to take actual
Corporations possession of the land sold. A person who does not
have actual possession of the thing sold cannot
FIRST MEGA HOLDINGS CORP., vs. GUI- transfer constructive possession by the execution
GUINTO WATER DISTRICT and delivery of a public instrument.
792 SCRA 670, G.R. No. 208383, JUNE 08,
2016 CRIMINAL LAW
Government-owned or controlled corporations, First Division
their subsidiaries, other corporate offsprings, and Pardon
government acquired asset corporations are not RUBEN E. TIU, vs. HON. NATIVIDAD G.
allowed to engage the legal services of private DIZON, Acting Chairperson of the Board of
counsels. The OGCC shall act as the principal law Pardons and Parole, HON. FRANKLIN
office of GOCCs unless their respective charters JESUS BUCAYU, Director of the Bureau of
expressly name the Office of the Solicitor General Corrections, HON. SECRETARY LEILA M.
(OSG) as their legal counsel. Nonetheless, in DE LIMA of the Department of Justice,
exceptional cases, private counsel can be hired with HON. PAQUITO N. OCHOA JR., the
the prior written conformity and acquiescence of Executive Secretary
the Solicitor General or the Government 793 SCRA 595, G.R. No. 211269, JUNE 15,
Corporate Counsel, and the prior written 2016
concurrence of the Commission on Audit. A contract between the sovereign power of the
Chief Executive and the convicted criminal to the
REMEDIAL LAW effect that the former will release the latter subject
First Division; Criminal Procedure; Civil to the condition that if he does not comply with the
Liability terms of the pardon, he will be recommitted to
JOSE BURGOS, JR., vs. SPOUSES ELADIO prison to serve the unexpired portion of the
SJ. NAVAL and ARLINA B. NAVAL, and sentence or an additional one. The grant of pardon
AMALIA B. NAVAL and the determination of the terms and conditions
793 SCRA 120, G.R. No. 219468, JUNE 08, of a conditional pardon are purely executive acts
2016 which are not subject to judicial scrutiny.
The RTC did not render any ruling that the act or
omission from which the civil liability may arise did REMEDIAL LAW
not exist. The RTC granted the motion to quash First Division
and thereby dismissed the criminal case on the sole Voidable Judgments
ground of prescription. Any misgivings regarding
the propriety of that disposition is for the people, TERESITA TAN, vs. JOVENCIO F.
thru the OSG, and not for Burgos to argue. Burgos’ CINCO, SIMON LORI HOLDINGS, INC.,
remedy is to institute a civil case under the PENTACAPITAL INVESTMENT
parameters of the Rules of Criminal Procedure. CORPORATION, FORTUNATO G. PE,
RAYMUNDO G. PE, JOSE REVILLA
CIVIL LAW REYES, JR., and DEPUTY SHERIFF
First Division ROMMEL IGNACIO
Possession 793 SCRA 610, G.R. No. 213054, JUNE 15,
2016
A judgment rendered by a court without 794 SCRA 95, G.R. Nos. 211015 & 213835,
jurisdiction is null and void and may be attacked JUNE 20, 2016
anytime. It creates no rights and produces no effect. Labor-only contracting is considered as a form of
It remains a basic fact in law that the choice of the unfair labor practice when the same is devised by
proper forum is crucial, as the decision of a court the employer to interfere with, restrain or coerce
or tribunal without jurisdiction is a total nullity. A employees in the exercise of their rights of self-
void judgment for want of jurisdiction is no organization. It would be the employees of CESCO
judgment at all. All acts performed pursuant to it who are entitled to seek the foregoing reliefs since
and all claims emanating from it have no legal in cases of labor-only contracting, the person or
effect. intermediary shall be considered merely as an agent
of the employer who shall be responsible to the
AGRARIAN REFORM workers in the same manner and extent as if the
First Division latter were directly employed by him. However,
Just Compensation they have not been impleaded in these cases.

LAND BANK OF THE PHILIPPINES, vs. MERCANTLE LAW

APOLONIO KHO, represented by his heirs, First Division
namely: PERLA LUZ, KRYPTON, KOSELL, Corporate Rehabilitation
KYRIN, and KELVIN, all surnamed KHO
793 SCRA 651, G.R. No. 214901, JUNE 15, PHILIPPINE ASSET GROWTH TWO, INC.
2016 (Successor-in-Interest of Planters
For purposes of determining just compensation, Development Bank) and PLANTERS
the fair market value of an expropriated property is DEVELOPMENT BANK, vs. FASTECH
determined by its character and its price at the time SYNERGY PHILIPPINES, INC. (formerly
of the taking, or the time when the landowner was First Asia System Technology, Inc.),
deprived of the use and benefit of his property, FASTECH MICROASSEMBLY & TEST,
such as when the title is transferred in the name of INC., FASTECH ELECTRONIQUE, INC.,
the beneficiaries. and FASTECH PROPERTIES, INC.
794 SCRA 625, G.R. No. 206528, JUNE 28,
LABOR LAW 2016
First Division
Labor-only Contracting A distressed corporation should not be
CAGAYAN ELECTRIC POWER & LIGHT rehabilitated when the results of the financial
COMPANY, INC. (CEPALCO) and examination and the analysis clearly indicate that
CEPALCO ENERGY SERVICES there lies no reasonable probability that it may be
CORPORATION (CESCO), formerly revived, to the detriment of its numerous
CEPALCO ENERGY SERVICES & stakeholders which include not only the
TRADING CORPORATION (CESTCO), vs. corporation’s creditors but also the public at large.
CEPALCO EMPLOYEE’S LABOR UNION-
ASSOCIATED LABOR UNIONS-TRADE CIVIL LAW
UNION CONGRESS OF THE First Division
PHILIPPINES (TUCP), CAGAYAN Interest Rates
ELECTRIC POWER & LIGHT COMPANY, NYMPHA S. ODIAMAR, vs. LINDA
INC. (CEPALCO) and CEPALCO ENERGY ODIAMAR VALENCIA
SERVICES CORPORATION (CESCO), 795 SCRA 18, G.R. No. 213582, JUNE 28, 2016
formerly CEPALCO ENERGY SERVICES & It is fundamental that for monetary interest to be
TRADING CORPORATION (CESTCO), vs. due, there must be an express written agreement
CEPALCO EMPLOYEE’S LABOR UNION- therefor. The lack of a written stipulation to pay
ASSOCIATED LABOR UNIONS-TRADE interest on the loaned amount bars a creditor from
UNION CONGRESS OF THE charging monetary interest and the collection
PHILIPPINES (TUCP) interest without any stipulation therefor in writing
is prohibited by law.
 is therefore set aside. The criminal case against
LABOR LAW Remedios is dismissed.
First Division
Nominal Damages TAXATION LAW
First Division
ARMANDO N. PUNCIA, vs. TOYOTA Tax Refunds
SHAW/ PASIG, INC.
795 SCRA 32, G.R. No. 214399, JUNE 28, 2016 COMMISSIONER OF INTERNAL
While Toyota afforded Puncia the opportunity to REVENUE, vs. CBK POWER COMPANY
refute the charge of gross inefficiency against him, LIMITED
the latter was completely deprived of the same 746 SCRA 93, G.R. Nos. 193407-08, JANUARY
when he was dismissed for gross insubordination – 14, 2015
a completely different ground from what was stated The application for a tax treaty relief from the BIR
in the Notice to Explain. Considering that Toyota should merely operate to confirm the entitlement
had dismissed Puncia for a just cause, albeit failed of the taxpayer to the relief. Since CBK Power had
to comply with the proper procedural requested for confirmation from the ITAD before
requirements, the former should pay the latter it filed its administrative claim for refund of its
nominal damages. excess final withholding taxes, the same should be
deemed substantial compliance. To rule otherwise
would defeat the purpose of the NIRC in providing
the taxpayer a remedy for erroneously paid tax
MERCANTILE LAW solely on the ground of failure to make prior
Special First Division application for tax treaty relief.
Corporations
REMEDIAL LAW
RICHARD K. TOM, vs. SAMUEL N. First Division
RODRIGUEZ Venue
797 SCRA 60, G.R. No. 215764, JULY 13, 2016
Contracts or acts of a corporation must be made VIRGILIO C. BRIONES, vs. COURT OF
either by the board of directors or by the corporate APPEALS and CASH ASIA CREDIT
agent duly authorized by the board. Absent such CORPORATION
valid delegation/authorization, the rule is that the 746 SCRA 240, G.R. No. 204444, JANUARY
declarations of an individual director relating to the 14, 2015
affairs of the corporation, but not in the course of, Written stipulations as to venue may be restrictive
or connected with, the performance of authorized in the sense that the suit may be filed only in the
duties of such director, are held not binding on the place agreed upon, or merely permissive in that the
corporation. parties may file their suit not only in the place
agreed upon but also in the places fixed by law. As
CRIMINAL LAW regards restrictive stipulations on venue,
First Division jurisprudence instructs that it must be shown that
Death of the Accused such stipulation is exclusive. In the absence of
qualifying or restrictive words, the stipulation
PEOPLE OF THE PHILIPPINES, vs. should be deemed as merely an agreement on an
ALVIN CENIDO y PICONES and additional forum, not as limiting venue to the
REMEDIOS CONTRERAS y CRUZ specified place.
797 SCRA 102, G.R. No. 210801, JULY 18, 2016
As Remedios’ death transpired before the CRIMINAL LAW
promulgation of the Court’s Resolution, her First Division
criminal liability is totally extinguished. Ponzi Scheme
Consequently, Remedios’ death renders the Court’s PEOPLE OF THE PHILIPPINES, vs.
Resolution irrelevant and ineffectual as to her, and PALMY TIBAYAN and RICO Z. PUERTO
 746 SCRA 259, G.R. Nos. 209655-60,
JANUARY 14, 2015 TAXATION LAW
TGICI’s modus operandi of inducing the public to First Division
invest in it on the undertaking that their investment Tax Credit
would be returned with a very high monthly
interest rate. The directors/incorporators of PANAY POWER CORPORATION (formerly
TGICI knew from the start that TGICI is operating AVON RIVER POWER HOLDINGS
without any paid-up capital and has no clear trade CORPORATION), vs. COMMISSIONER
by which it can pay the assured profits to its OF INTERNAL REVENUE
investors, they cannot comply with their guarantee 746 SCRA 588, G.R. No. 203351, JANUARY
and had to simply abscond with their investor’s 21, 2015
money. TGICI engaged in a Ponzi Scheme During the period December 10, 2003 to October
resulting in the defraudation of the TGICI 6, 2010, taxpayers-claimants need not observe the
investors. 120-day period before it could file a judicial claim
for refund of excess input VAT before the CTA.
REMEDIAL LAW As such, it need not wait for the expiration of the
First Division 120-day period before filing its judicial claim before
Dispositive Portions the CTA.

EDMUND SIA, vs. WILFREDO ARCENAS, CIVIL LAW

FERNANDO LOPEZ, and PABLO First Division
RAFANAN Joint Tortfeasors
746 SCRA 272, G.R. Nos. 209672-74,
JANUARY 14, 2015 RUKS KONSULT AND CONSTRUCTION,
Had the petitioner pursued an action for ejectment vs. ADWORLD SIGN AND ADVERTISING
or reconveyance, the issuance of writs of CORPORATION and TRANSWORLD
possession and demolition would have been MEDIA ADS, INC.
proper, but not in a special civil action for 746 SCRA 622, G.R. No. 204866, JANUARY
mandamus. Orders pertaining to execution of 21, 2015
judgments must substantially conform to the Transworld and Ruks are guilty of negligence in the
dispositive portion of the decision sought to be construction of the former’s billboard, and
executed. As such, it may not vary, or go beyond perforce, should be held liable for its collapse and
the terms of the judgment it seeks to enforce. the resulting damage to Adworld’s billboard
structure. As joint tortfeasors, they are solidarily
CRIMINAL LAW liable to Adworld. Joint tortfeasors are each liable
First Division as principals, to the same extent and in the same
Complex Crimes manner as if they had performed the wrongful act
themselves.
ROGELIO J. GONZAGA, vs. PEOPLE OF
THE PHILIPPINES LABOR LAW
746 SCRA 551, G.R. No. 195671, JANUARY 21, First Division
2015 Occupational Disease
Rogelio was charged with the offense of Reckless
Imprudence Resulting to Homicide with Double JOSE RUDY L. BAUTISTA, vs. ELBURG
Serious Physical Injuries and Damage to Property. SHIPMANAGEMENT PHILIPPINES,
The RPC provides that when a single act INC., AUGUSTEA SHIPMANAGEMENT
constitutes to or more grave or less grave felonies, ITALY, and/or Captain ANTONIO S.
or when an offense is a necessary means for NOMBRADO
committing the other, the penalty for the most 767 SCRA 657, G.R. No. 206032, AUGUST 19,
serious crime, in this case, Reckless Imprudence 2015
Resulting to Homicide, shall be imposed, the same It is not required that the employment of the
to be applied in its maximum period. petitioner as Chief cook should be the sole factor
in the development of his hypertensive locations where the pepcoalition website is likewise
cardiovascular disease so as to entitle him to claim accessed or capable of being accessed.
the benefits provided therefor. It suffices that his
employment as such had contributed, even in a REMEDIAL LAW
small degree, to the development of the disease. First Division
Thus, it is safe to presume that, at the very least, the Presumption of Regularity
nature of petitioner’s employment had contributed
to the aggravation of his illness, considering that as CONSULAR AREA RESIDENTS
Chief Cook, he was exposed to constant ASSOCIATION, INC., represented by its
temperature changes, stress, and physical strain. President BENJAMIN V. ZABAT, ROMEO
JUGADO, JR., and NANCY QUINO, vs.
CRIMINAL LAW ARNEL PACIANO D. CASANOVA, ENGR.
First Division TOMAS Y. MACROHON, LOCAL
Libel HOUSING BOARD OF TAGUIG CITY, and
the CITY GOVERNMENT OF TAGUIG
MALAYAN INSURANCE COMPANY, INC. 789 SCRA 209, G.R. No. 202618, APRIL 12,
and HELEN Y. DEE, vs. PHILIP PICCIO, 2016
MIA GATMAYTAN, MA. ANNABELLA The presumption of regularity of official acts may
RELOVA SANTOS, JOHN JOSEPH be rebutted by affirmative evidence of irregularity
GUTIERREZ, JOCELYN UPANO, JOSE or failure to perform a duty. The presumption,
DIZON, ROLANDO PAREJA, WONINA M. however, prevails until it is overcome by no less
BONIFACIO, ELVIRA CRUZ, CORNELIO than a clear and convincing evidence to the
ZAFRA, VICENTE ORTUOSTE, contrary. Thus, unless the presumption is rebutted,
VICTORIA GOMEZ JACINTO, JUVENCIO it becomes conclusive. Every reasonable
PERECHE, JR., RICARDO LORAYES, intendment will be made in support of the
PETER C. SUCHIANCO, and TRENNIE presumption and in case of doubt as to an officer’s
MONSOD; MALAYAN INSURANCE act being lawful or unlawful, construction should
COMPANY, INC., vs. PHILIP PICCIO, MIA be in favor of its lawfulness.
GATMAYTAN, MA. ANNABELLA
RELOVA SANTOS, JOHN JOSEPH LEGAL ETHICS
GUTIERREZ, JOCELYN UPANO, JOSE En Banc
DIZON, ROLANDO PAREJA, WONINA M. Disbarment
BONIFACIO, ELVIRA CRUZ, CORNELIO
ZAFRA, VICENTE ORTUOSTE, PHILCOMSAT HOLDINGS
VICTORIA GOMEZ JACINTO, JUVENCIO CORPORATION, duly represented by
PERECHE, JR., RICARDO LORAYES, ERLINDA I. BILDNER, vs. ATTY. LUIS K.
PETER C. SUCHIANCO, and TRENNIE LOKIN, JR. and ATTY. SIKINI C.
MONSOD LABASTILLA
789 SCRA 93, G.R. Nos. 203370 & 215106, 790 SCRA 173, A.C. No. 11139, APRIL 19, 2016
APRIL 11, 2016 Since the indirect contempt case is criminal in
Generally speaking, the venue of libel cases where nature, respondents cannot insist that the filing of
the complainant is a private individual is limited an administrative case against them on the basis of
only to either of two places, namely: (1) where the the Sandiganbayan’s ruling in the aforesaid case is
complainant actually resides at the time of the premature on the premise that their conviction has
commission of the offense; or (2) where the alleged not attained finality. A disbarment proceeding is
defamatory article was printed and first published. separate and distinct from a criminal action filed
For the Court to hold that the Amended against a lawyer despite being involved in the same
Information sufficiently vested jurisdiction in the set of facts. A finding of guilt in the criminal case
courts of Makati simply because the defamatory will not necessarily result in a finding of liability in
article was first accessed therein would open the the administrative case.
floodgates to the libel suit being filed in all other
LABOR LAW
First Division discretion and the CA erred in ruling otherwise.
Quitclaims When a lower court or tribunal patently violates the
WILLIAM GO QUE CONSTRUCTION Constitution, the law, or existing jurisprudence,
and/or WILLIAM GO QUE, vs. COURT OF grave abuse of discretion is committed.
APPEALS and DANNY SINGSON,
RODOLFO PASAQUI, LENDO ADMINISTRATIVE CASE
LOMINIQUI, and JUN ANDALES First Division
790 SCRA 309, G.R. No. 191699, APRIL 19, Prosecutors
2016 RONALDO C. FACTURAN, vs.
Legitimate waivers resulting from voluntary PROSECUTOR ALFREDO L.
settlements of laborers’ claims should be treated BARCELONA, JR.
and upheld as the law between the parties. There is 792 SCRA 389, A.C. No. 11069, JUNE 08, 2016
no longer any justiciable controversy between It is apparent that respondent used his public
petitioner and private respondents Singson and position as a prosecutor to advance and protect the
Pasaqui on account of the Satisfaction of private interest of his relative, which is clearly
Judgment/Release of Claim they executed in the proscribed in the CPR. His failure to timely return
petitioner’s favor subsequent to the filing of the the case records for ruther action, despite directive
instant case rendering the same moot and to do so, it can only be inferred that respondent not
academic, and dismissible with respect to them. merely failed, but obstinately and deliberately
refused to perform his duties as a prosecutor.
CIVIL LAW
First Division POLITICAL LAW
Reconstitution of Titles En Banc
Judicial Review
REPUBLIC OF THE PHILIPPINES, vs.
HOMER and MA. SUSANA DAGONDON INTERNATIONAL SERVICE OF THE
790 SCRA 414, G.R. No. 210540, APRIL 19, ACQUISITION OF AGRI-BIOTECH
2016 APPLICATIONS, INC. VS. GREENPEACE
The purpose of the reconstitution of title is to have, SOUTHEAST ASIA (PHILIPPINES)
after observing the procedures prescribed by law, 798 SCRA 250, G.R. Nos 209271, 209276,
the title reproduced in exactly the same way it has 209301 & 209430, JULY 26, 2016
been when the loss or destruction occurred. The As the matter never went beyond the field testing
law presupposes that the property whose title is phase, none of the foregoing tasts related to
sought to be reconstituted has already been propagation were pursued or the requirements
brought under the provisions of the Torrens thereof complied with. Thus, there are no
System. guaranteed after-effects to the already conducted Bt
talong field trials that demand an adjudication from
REMEDIAL LAW which the public may perceivably benefit. Any
First Division future threat to the right of herein respondents or
Grave Abuse of Discretion the public in general to a healthful and balanced
ecology is therefore more imagined than real.
PNCC SKYWAY CORPORATION, vs. THE
SECRETARY OF LABOR AND LABOR LAW
EMPLOYMENT and PNCC SKYWAY First Division
CORPORATION EMPLOYEES UNION Two-Notice Rule
790 SCRA 427, G.R. No. 213299, APRIL 19,
2016 RODFHEL BACLAAN TORREFIEL,
Considering that PSC had complied with the notice MYRA SUACILLO, LORLIE ORENDAY,
requirement of the Labor Code, the indemnity SHEELA LAO, and LEODELYN LIBOT, vs.
award in favor of the terminated employees was BEAUTY LANE PHILS., INC./MS. MA.
grossly improper and must be nullified, in this HENEDINA D. TOBOJKA
respect, the DOLE Secretary gravely abused its
 799 SCRA 470, G.R. No. 214186, AUGUST 03, SPOUSES MANOLO and MILINIA
2016 NUEZCA, vs. ATTY. ERNESTO V.
The copies of the Notices to Explain and VILLAGARCIA
Preventive Suspension issued to them did not 799 SCRA 542, A.C. No. 8210, AUGUST 08,
specify charges against them but simply stated that 2016
they condoned and failed to report anomalies to the The use of intemperate language and unkind
management. The failure to inform an employee of ascriptions has no place in the dignity of judicial
the charges against him deprives him of due forum. Language abound with countless
process. possibilities for one to be emphatic but respectful,
convincing but not derogatory, and illuminating
TAXATION LAW but not offensive. The practice of law is a privilege
First Division given to lawyers who meet the high standards of
Tax Refund legal proficiency and morality. Any violation of
these standards exposes the lawyer to
COMMISSIONER OF INTERNAL administrative liability.
REVENUE, vs. GOODYEAR
PHILIPPINES, INC. LABOR LAW
799 SCRA 489, G.R. No. 216130, AUGUST 03, First Division
2016 Disability Benefit
The term “dividends” should be understood
according to the taxation law of the State in which MAGSAYSAY MARITIME
the corporation making the distribution is a CORPORATION, PRINCESS CRUISE
resident. The primary purpose of filing an LINES, MARLON R. ROÑO and “STAR
administrative claim was to serve as a notice of PRINCESS,” vs. ROMEO V.
warning to the Commissioner of Internal Revenue PANOGALINOG
(CIR) that court action would follow unless the tax 763 SCRA 140, G.R. No. 212049, JULY 15, 2015
or penalty alleged to have been collected The employer is liable for a seafarer’s disability
erroneously or illegally is refunded. arising from a work-related injury or illness, only
after the degree of disability has been established by
REMEDIAL LAW the company-designated physician. A seafarer shall
First Division be entitled to the payment of the full amount of his
Amendment of Pleadings disability compensation only if his injury, regardless
SPOUSES ERNESTO TATLONGHARI and of the degree, results in loss of profession, i.e., his
EUGENIA TATLONGHARI, vs. BANGKO physical condition prevents a return to sea service.
KABAYAN-IBAAN RURAL BANK, INC.
799 SCRA 516, G.R. No. 219783, AUGUST 03, REMEDIAL LAW
2016 First Division; Dismissal of Actions; Litis
Rules of procedure allow a party in a civil action to Pendentia
amend his pleading as a matter of right, so long as NORLINDA S. MARILAG, vs.
the pleading is amended only once and before a MARCELINO B. MARTINEZ
responsive pleading is served. Otherwise, a party 763 SCRA 533, G.R. No. 201892, JULY 22, 2015
can only amend his pleading upon prior leave of Though the debt and the mortgage constitute
court. Hence, as long as it does not appear that the separate agreements, the latter is subsidiary to the
motion for leave was made with bad faith or with former, and both refer to one and the same
intent to delay the proceedings, courts are justified obligation. Splitting a cause of action is a mode of
to grant leave and allow the filling of an amended forum shopping by filing multiple cases based on
pleading. the same cause of action, but with different prayers,
where the ground of dismissal is litis pendentia (or res
ADMINISTRATIVE LAW judicata as the case may be).
First Division
Practice of Law REMEDIAL LAW
First Division
Certiorari property and pays a full and fair price for the same
VISAYAN ELECTRIC COMPANY at the time of such purchase, or before he has
EMPLOYEES UNION-ALU-TUCP and notice of some other person’s claim or interest in
CASMERO MAHILUM, petitioners, vs. the property. As William claimed that he had no
VISAYAN ELECTRIC COMPANY, INC. knowledge about the details of such annotation, he
(VECO), respondent. was aware that individuals other than the sellers
763 SCRA 566, G.R. No. 205575, July 22, 2015. were in possession of the subject property.

The law provides that certiorari should be filed “not ADMINISTRATIVE LAW
later than sixty (60) days from notice of the En Banc
judgment, order or resolution”. In this case, the fact Illegal Expenditure of Public Funds
that the delay in the filing of the petition for certiorari
was only one day is not a legal justification for FAUSTINO A. SILANG, VENERANDO R.
noncompliance with the rule requiring that it be REA, LUZVIMINDA B. CUADRA, MARIA
filed not later than sixty (60) days from notice of CIELITO V. ZETA, et. al. vs. COMMISSION
the assailed judgment, order or resolution. ON AUDIT, respondent.
770 SCRA 110, G.R. No. 213189, September 8,
CONSTITUTIONAL LAW 2015.
First Division As a general rule, public officials who are directly
Stop and Frisk Searches responsible for any illegal expenditure of public
ALVIN COMERCIANTE y GONZALES, funds are personally liable therefor. The Auditing
petitioner, vs. PEOPLE OF THE Code provides that the treasurer of the local
PHILIPPINES, respondent. government unit shall exercise the diligence of a
763 SCRA 587, G.R. No. 205926, July 2, 2015. good father of a family in supervising the
accountable officers under him; otherwise, he shall
The basic criterion of “stop and frisk” would be be jointly and solidarily liable with them for the loss
that the police officer, with his or her personal of government funds or property under their
knowledge, must observe the facts leading to the control.
suspicion of an illicit act. In this case,
Comerciante’s acts of standing around with a CIVIL LAW
companion and handing over something to the First Division
latter do not indicate a reasonable inference of Contracts
criminal activity which would constitute a “genuine
reason” for PO3 Calag to conduct a “stop and LORALEI P. HALILI, petitioner, vs.
frisk” search on the former. JUSTICE FOR CHILDREN
INTERNATIONAL, ROB MORRIS, and
CIVIL LAW GUNDELINA A. VELAZCO, respondents.
First Division 770 SCRA 241, G.R. No. 194906, September 9,
Buyer in Good Faith 2015.

WILSON GO and PETER GO, petitioners, In labor contracts, parties are allowed to pre-
vs. THE ESTATE OF THE LATE FELISA terminate the employment contract within the
TAMIO DE BUENAVENTURA, represented stipulated fixed-term period of one year, provided
by RESURRECCION A. BIHIS, RHEA A. that the party invoking the same has: (a) a legal
BIHIS, and REGINA A. BIHIS; and cause for terminating it; and (b) notifies the other
RESURRECCION A. BIHIS, RHEA A. party in writing four (4) weeks prior to the intended
BIHIS and REGINA A. BIHIS, in their date of termination. The first requisite of legal
personal capacities, respondents. cause was not complied with by JFCI as there was
763 SCRA 632, G.R. No. 211972, July 22, 2015. no just or authorized cause was proven by
A purchaser in good faith is one who buys the substantial evidence in support of its invocation of
property of another without notice that some other the termination clause stated in its contract with
person has a right to, or an interest in, such Halili.
 ALEX NULADA, complainant, vs. ATTY.
ORLANDO S. PAULMA, respondent.
789 SCRA 111, A.C. No. 8172, April 12, 2016.
CRIMINAL LAW
First Division The issuance of worthless checks in violation of BP
Civil Liability Blg. 22 indicates a lawyer’s unfitness for the trust
PEOPLE OF THE PHILIPPINES, plaintiff- and confidence reposed on him, shows such lack of
appellee, vs. ARMANDO DIONALDO y personal honesty and good moral character as to
EBRON, RENATO DIONALDO y EBRON, render him unworthy of public confidence, and
MARIANO GARIGUEZ, JR. y RAMOS, and constitutes a ground for disciplinary action.
RODOLFO LARIDO y EBRON, accused- Respondent’s conviction for violation of BP 22, a
appellants. crime involving moral turpitude, constitutes a
770 SCRA 350, G.R. No. 207949, September 9, violation of the lawyer’s oath.
2015.

The death of the accused pending appeal of his REMEDIAL LAW

conviction extinguishes his criminal liability, as well First Division
as his civil liability ex delicto. Consequently, Renato’s Substitution of Parties
death renders the criminal case against him as
dismissed. PACIFIC REHOUSE CORPORATION,
petitioner, vs. JOVEN L. NGO, as
represented by OSCAR J. GARCIA,
CONSTITUTIONAL LAW respondent.
First Division 789 SCRA 308, G.R. No. 214934, April 12, 2016.
Just Compensation
The Rules of Court allows the substitution of a
LAND BANK OF THE PHILIPPINES, party-litigant who dies during the pendency of a
petitioner, vs. ALFREDO HABABAG, SR., case by his heirs, provided that the claim subject of
substituted by his wife, CONSOLACION, said case is not extinguished by his death. The death
and children, namely: MANUEL, of a party litigant, i.e., Bautista, did not render the
SALVADOR, WILSON, JIMMY, ALFREDO, case dismissible on such ground, but rather, calls
JR., and JUDITH, all surnamed HABABAG, for the proper application of said law on
respondents. substitution of party-litigants.
770 SCRA 491, G.R. No. 172352, September 16,
2015.
LEGAL ETHICS
The constitutional limitation of just compensation First Division
is considered to be the sum equivalent of the Suspension
market value of the property, which defined as the
fair value of the property as between one who SPOUSES LAMBERTO V. EUSTAQUIO
receives and one who desires to sell it, fixed at the and GLORIA J. EUSTAQUIO, complainants,
time of the actual taking by the government. vs. ATTY. EDGAR R. NAVALES,
Hence, in this case, in order to be just, the respondent.
compensation for the land must be what the 792 SCRA 377, A.C. No. 10465, June 8, 2016.
farmer-beneficiaries can reasonably afford to pay
based on what the land can produce. When the Supreme Court orders a lawyer
suspended from the practice of law, he must desist
from performing all functions requiring the
LEGAL ETHICS application of legal knowledge within the period of
First Division suspension, including desisting from holding a
Suspension from Practice of Law position in government requiring the authority to
practice law. Hence, respondent’s continuous
discharge of his functions as Assistant City REALTY CORPORATION, petitioners, vs.
Prosecutor for Quezon City despite the suspension EASTWEST BANKING CORPORATION,
order against him constitutes practice of law and, SECURITY BANKING CORPORATION,
thus, a clear defiance of the Court’s order of ALLIED BANKING CORPORATION,
suspension against him. represented by the Trustee and Attorney-in-
Fact of EASTWEST BANKING
CIVIL LAW CORPORATION TRUST DIVISION,
First Division EMMANUEL L. ORTEGA, in his capacity as
Adverse Claims the Ex Officio Sheriff of the Regional Trial
Court, Malolos City, Bulacan, EDRIC C.
ALICIA P. LOGARTA, petitioner, vs. ESTRADA, in his capacity as Sheriff IV of the
CATALINO M. MANGAHIS, respondent. Regional Trial Court, Malolos City, Bulacan,
795 SCRA 644, G.R. No. 213568, July 5, 2016. respondents.
798 SCRA 644, G.R. No. 210606, July 27, 2016.
It is only when the owner refuses or fails to
surrender the duplicate certificate for annotation Petitioners’ filing of an Amended Complaint for
that a statement setting forth an adverse claim may Injunction and Annulment of Foreclosure Sale
be filed with the Register of Deeds. In the case at against the respondents before the RTC Malolos
hand, there was no showing that respondent does not constitute forum shopping because there
refused or failed to present the owner’s duplicate of is no identity of parties between Civil Case No. 10-
TCT No. CLO-763, which would have prompted 323 pending before RTC-Makati and Civil Case
Carmona Realty to cause the annotation of the No. 543-M-2010 pending before RTC-Malolos, the
MOA as an adverse claim instead of a voluntary underlying circumstances surrounding the causes
dealing. of action in both cases are likewise substantially
different, and a judgment in Civil Case No. 10-323
will not necessarily result in res judicata in Civil Case
REMEDIAL LAW No. 543-M-2010.
First Division
Appeals CIVIL LAW
First Division
CENTURY PROPERTIES, INC., petitioner, Divorce
vs. EDWIN J. BABIANO and EMMA B.
CONCEPCION, respondents. DOREEN GRACE PARILLA MEDINA,
795 SCRA 671, G.R. No. 220978, July 5, 2016. a.k.a. “DOREEN GRACE MEDINA
KOIKE,” petitioner, vs. MICHIYUKI
As a general rule, a party who has not appealed KOIKE, THE LOCAL CIVIL REGISTRAR
cannot obtain any affirmative relief other than the OF QUEZON CITY, METRO MANILA,
one granted in the appealed decision. However, and THE ADMINISTRATOR AND CIVIL
jurisprudence admits an exception to the said rule, REGISTRAR GENERAL OF THE
such as when strict adherence thereto shall result in NATIONAL STATISTICS OFFICE,
the impairment of the substantive rights of the respondents.
parties concerned. Concepcion’s right to her earned 798 SCRA 733, G.R. No. 215723, July 27, 2016.
commissions is a substantive right which cannot be In order for a divorce obtained abroad by the alien
impaired by an erroneous computation of what she spouse to be recognized in our jurisdiction, it must
really is entitled to. be shown that the divorce decree is valid according
to the national law of the foreigner. Both the
REMEDIAL LAW divorce decree and the governing personal law of
First Division the alien spouse who obtained the divorce must be
Forum Shopping proven. Since our courts do not take judicial notice
of foreign laws and judgment, our law on evidence
GRACE PARK** INTERNATIONAL requires that both the divorce decree and the
CORPORATION and WOODLINK
national law of the alien must be alleged and proven GRANDEA & PALER LAW OFFICE,
like any other fact. respondents.
799 SCRA 624, A.C. No. 11113, August 9, 2016.
CRIMINAL LAW
First Division The misrepresentations and deceits on the part of
Extinction of Criminal Liability Attys. Cruz-Angeles and Paler tend to undermine
and/or denigrate the integrity of the courts. As
PEOPLE OF THE PHILIPPINES vs. officers of the court, lawyers are bound to maintain
ALLAN EGAGAMAO not only a high standard of legal proficiency, but
799 SCRA 507, G.R. No. 218809, August 3, also of morality, honesty, integrity, and fair
2016. dealing.”
By the death of the convict, as to the personal
penalties and pecuniary penalties, liability therefor LABOR LAW
is extinguished only when the death of the offender First Division
occurs before final judgment. Upon Egagamao’s Work-Related Death
death pending appeal of his conviction, the criminal
action is extinguished inasmuch as there is no CONCHITA J. RACELIS, petitioner, vs.
longer a defendant to stand as the accused; the civil UNITED PHILIPPINE LINES, INC.
action instituted therein for the recovery of civil and/or HOLLAND AMERICA LINES,
liability ex delicto is ipso facto extinguished, INC.,** and FERNANDO T. LISING,
grounded as it is on the criminal action. respondents.
740 SCRA 122, G.R. No. 198408, November 12,
LABOR LAW 2014.
First Division
Termination of Employment Rodolfo’s work-related illness during the term of
his employment that caused his medical
HOLCIM PHILIPPINES, INC., petitioner, repatriation and, ultimately, his death was work-
vs. RENANTE J. OBRA, respondent. related, and, it is but proper to consider the same as
799 SCRA 607, G.R. No. 220998, August 8, a compensable work-related death despite it having
2016. occurred after his repatriation. The work-related
death need not precisely occur during the term of
To constitute a valid cause for dismissal within the his employment as it is enough that the seafarer’s
text and meaning of the Labor Code, the work-related injury or illness which eventually
employee’s misconduct must be serious, such grave causes his death had occurred during the term of
and aggravated character and not merely trivial or his employment.
unimportant, as in this case where the item which
respondent tried to take out was practically of no ADMINISTRATIVE LAW
value to petitioner. The dismissal imposed on First Division
respondent as penalty for his attempt to take a piece Delegation of Powers
of scrap wire is unduly harsh and excessive, as such
act cannot be considered as a serious misconduct COSMOS BOTTLING CORPORATION,
under the Labor Code. petitioner, vs. COMMISSION EN BANC of
the SECURITIES AND EXCHANGE
LEGAL ETHICS COMMISSION (SEC) and JUSTINA F.
First Division CALLANGAN, in her capacity as Director of
Suspension from Practice of Law the Corporation, Finance Department of the
SEC, respondents.
CLEO B. DONGGA-AS, complainant, vs. 740 SCRA 169, G.R. No. 199028, November 12,
ATTY. ROSE BEATRIX CRUZ-ANGELES, 2014.
ATTY. WYLIE M. PALER, and ATTY.
ANGELES GRANDEA, of the ANGELES, The Revocation Order is properly deemed as a
decision issued by the SEC-CFD as one of the
Operating Departments of the SEC, and CONSTITUTIONAL LAW
accordingly, may be appealed to the SEC En Banc, First Division
as what Cosmos properly did in this case. As an Mines and Mining
administrative agency with both regulatory and
adjudicatory functions, the SEC was given the APO CEMENT CORPORATION, petitioner,
authority to delegate some of its functions to, inter vs. MINGSON MINING INDUSTRIES
alia, its various operating departments, such as the CORPORATION, respondent.
SEC-CFD. 740 SCRA 383, G.R. No. 206728, November 12,
2014.
CIVIL LAW
First Division An apparent lack of due process may be raised by a
Temperate Damages party at any time since due process is a jurisdictional
requisite that all tribunals, whether administrative
S.V. MORE PHARMA CORPORATION and or judicial, are duty-bound to observe. A decision
ALBERTO A. SANTILLANA, petitioners, vs. rendered without due process is void ab initio and
DRUGMAKERS LABORATORIES, INC. may be attacked at anytime directly or collaterally
and ELIEZER DEL MUNDO, respondents. by means of a separate action, or by resisting such
740 SCRA 253, G.R. Nos. 200408 & 200416, decision in any action or proceeding where it is
November 12, 2014. invoked.

Considering that respondents palpably suffered ADMINISTRATIVE LAW

some form of pecuniary loss resulting from En Banc
petitioners’ breach of contract, the Court deems it Misconduct
proper to, instead, award in their favor the sum of
P100,000.00 in the form of temperate damages. OFFICE OF THE OMBUDSMAN,
Temperate or moderate damages may be recovered petitioner, vs. AVELINO DE ZOSA and
when the court finds that some pecuniary loss has BARTOLOME DELA CRUZ, respondents.
been suffered but its amount cannot, from the 746 SCRA 632, G.R. No. 205433, January 21,
nature of the case, be proved with certainty. 2015.

LABOR LAW To warrant dismissal from service, the misconduct

First Division must be grave, serious, important, weighty,
Compensable Illness momentous, and not trifling. The misconduct must
imply wrongful intention and not a mere error of
BAHIA SHIPPING SERVICES, INC., FRED judgment and must also have a direct relation to
OLSEN CRUISE LINE, and MS. CYNTHIA and be connected with the performance of the
C. MENDOZA, petitioners, vs. JOEL P. public officer’s official duties amounting either to
HIPE, JR., respondent. maladministration or willful, intentional neglect, or
740 SCRA 330, G.R. No. 204699, November 12, failure to discharge the duties of the office.
2014.
REMEDIAL LAW
Hipe was subsequently declared fit to work by the First Division
company-designated physician merely 65 days after Preliminary Investigation
his repatriation, thus negating the existence of any
permanent disability for which compensability is TERESITA A. CIRON, petitioner, vs. MA.
sought. Two (2) elements must concur for an injury MERCEDITAS N. GUTIERREZ, in her
or illness of a seafarer to be compensable: (a) the official capacity as Ombudsman, FLORIZA
injury or illness must be work-related; and (b) that A. BRIONES and TERESITA P.
the work-related injury or illness must have existed BUTARDOTACATA, in their official
during the term of the seafarer’s employment capacities as Graft Investigation &
contract. Prosecution Officer II of the Office of the
Ombudsman, NONNA O. BELTRAN, 2nd
 Assistant City Prosecutor, RAUL E. 756 SCRA 350, G.R. No. 209537, April 20, 2015.
CONTRERAS, City Prosecutor, both of
National Prosecution Office, Iriga City, and The Compromise Judgment, covering the
SANTIAGO D. ORTEGA, JR., respondents. surrender of the possession of the subject premises,
756 SCRA 110, G.R. Nos. 194339-41, April 20, as well as the demolition period of the Building
2015. and/or removal of the materials salvaged
therefrom, is, by nature, “immediately executory,
A new preliminary investigation must be conducted unless a motion is filed to set aside the compromise
in order to accord the accused the right to submit on the ground of fraud, mistake, or duress in which
counter-affidavits and evidence only in the event an appeal may be taken from the order
following instances: (a) where the original witnesses denying the motion.” With no such motion having
of the prosecution or some of them may have been filed, the RTC is bound to issue a writ of
recanted their testimonies or may have died or may execution to carry out the said judgment to its full
no longer be available and new witnesses for the force and effect.
State have emerged; (b) where aside from the
original accused, other persons are charged under a CRIMINAL LAW
new criminal complaint for the same offense or First Division;
necessarily included therein; (c) if under a new Extinction of Criminal Liability
criminal complaint, the original charge has been
upgraded; or (d) if under a new criminal complaint, PEOPLE OF THE PHILIPPINES, plaintiff-
the criminal liability of the accused is upgraded appellee, vs. EUGENE SAMUYA, accused-
from being an accessory to that of a principal. Since appellant
none of the foregoing instances obtain in this case, 756 SCRA 365, G.R. No. 213214, April 20, 2015.
the Court holds that the OCP-Iriga, through The prosecution was able to prove that Eugene’s
Beltran and Contreras, need not conduct another attack on Gabriel was so swift and sudden, and
preliminary investigation. without any warning. Treachery was correctly
appreciated. Under the Revised Penal Code, there
COMMERCIAL LAW is treachery when the offender commits any of the
First Division crimes against the person, employing means,
Obligations methods, or forms in the execution thereof which
tend directly and specially to insure its execution,
PRISCILO B. PAZ,** petitioner, vs. NEW without risk to himself arising from the defense
INTERNATIONAL ENVIRONMENTAL which the offended party might make.
UNIVERSALITY, INC., respondent.
756 SCRA 284, G.R. No. 203993, April 20, 2015.
CRIMINAL LAW
The Corporation Code explicitly provides that one First Division
who assumes an obligation to an ostensible Qualified Rape
corporation, as such, cannot resist performance
thereof on the ground that there was in fact no PEOPLE OF THE PHILIPPINES, plaintiff-
corporation. Clearly, petitioner is bound by his appellee, vs. RICKY ARGUTA alias “JOEL”
obligation under the MOA not only on estoppel but and WILSON CAHIPE alias “SIWIT,”
by express provision of law. Hence, it is assumed accused-appellants.
that petitioner, who is a pilot, knew what he was 756 SCRA 376, G.R. No. 213216, April 20, 2015.
doing with respect to his business with respondent.
The accused-appellants are guilty as charged, i.e., of
REMEDIAL LAW raping AAA with the use of a deadly weapon, and
First Division it is only appropriate to increase their conviction
Execution of Judgments from Simple Rape to Qualified Rape. The Court
notes that the rape occurred during the effectivity
THE PLAZA, INC., petitioner, vs. AYALA of the old rape provision of the RPC, and, thus, the
LAND, INC., respondent. latter provision is controlling in this case, which
also provides that if the act is committed either with Parties-in-interest without whom no final
the use of a deadly weapon or by two (2) or more determination can be had of an action shall be
persons, the crime will be Qualified Rape, joined either as plaintiffs or defendants. Cacayuran
necessitating the imposition of a higher penalty. failed to implead in his complaint the Municipality,
a real party-in-interest and an indispensable party
that stands to be directly affected by any judicial
POLITICAL LAW resolution on the case.
First Division
Public Bidding CIVIL LAW
First Division
BISHOP BRODERICK S. PABILLO, DD, Contributory Negligence
PABLO R. MANALASTAS, JR., PhD,
MARIA CORAZON AKOL, CONCEPCION SPS. FERNANDO VERGARA and
B. REGALADO, HECTOR A. BARRIOS, HERMINIA VERGARA, petitioners, vs.
LEO Y. QUERUBIN, AUGUSTO C. ERLINDA TORRECAMPO SONKIN,
LAGMAN, FELIX P. MUGA II, PhD, ATTY. respondent.
GREGORIO T. FABROS, EVITA L. 757 SCRA 442, G.R. No. 193659, June 15, 2015.
JIMENEZ, and JAIME DL CARO, PhD, The underlying precept on contributory negligence
petitioners, vs. COMMISSION ON is that a plaintiff who is partly responsible for his
ELECTIONS EN BANC, represented by own injury should not be entitled to recover
Acting Chairperson CHRISTIAN ROBERT damages in full but must bear the consequences of
S. LIM, and SMARTMATIC-TIM his own negligence. The defendant must therefore
CORPORATION, represented by Smartmatic be held liable only for the damages actually caused
Asia-Pacific President CESAR FLORES, by his negligence.
respondents.
756 SCRA 606, G.R. No. 216098, April 21, 2015. CIVIL LAW
First Division
It is an established public policy, as well as a Summary Eviction
statutory mandate that all government
procurement shall be done through competitive LEONCIO ALANGDEO, ARTHUR
public bidding. However, as an exception, the VERCELES, and DANNY VERGARA,
Government Procurement Reform Act (GPRA) petitioners, vs. The City Mayor of Baguio,
sanctions a resort to alternative methods of HON. BRAULIO D. YARANON (to be
procurement, via direct contracting. Direct substituted by incumbent City Mayor, HON.
contracting may be allowed when the procurement MAURICIO DO MOGAN), JEOFREY
involves goods of proprietary nature, which can be MORTELA, Head Demolition Team, CITY
obtained only from the proprietary source — that ENGINEER’S OFFICE, and ERNESTO
is, when patents, trade secrets, and copyrights LARDIZABAL, respondents.
prohibit others from manufacturing the same item. 761 SCRA 272, G.R. No. 206423, July 1, 2015.

REMEDIAL LAW It is the Building Official, and not the City Mayor,
First Division who has the authority to order the demolition of
Indispensable Parties the structures under the NBCP. In this case, DO
No. 05, which ordered the summary demolition of
LAND BANK OF THE PHILIPPINES, petitioners’ structures, was invalidly issued by the
petitioner, vs. EDUARDO M. CACAYURAN, City Mayor.
respondent,
MUNICIPALITY OF AGOO, LA UNION, LABOR LAW
intervenor. First Division
757 SCRA 160, G.R. No. 191667, April 22, 2015. Permanent Total Disability
BAHIA SHIPPING SERVICES, INC. and/or Corporation Code requires stockholders’ approval
V-SHIP NORWAY and/or CYNTHIA C. for certain specific acts. The issuance of an
MENDOZA, petitioners, vs. CARLOS L. injunctive writ is warranted to enjoin the RTC-
FLORES, JR.,** respondent. Nabunturan from implementing its orders in the
761 SCRA 323, G.R. No. 207639, July 1, 2015. specific performance case placing the management
and control of GDITI to Rodriguez.
Case law instructs that, if after the lapse of the 240-
day period, the seafarer is still incapacitated to REMEDIAL LAW
perform his usual sea duties and the company- First Division
designated physician had not yet declared him fit to Forum Shopping
work or permanently disabled, whether total or
permanent, the conclusive presumption that the WARLITO C. VICENTE, petitioner, vs.
seafarer is totally and permanently disabled arises. ACIL CORPORATION, respondent.
It is but proper to hold that respondent was 763 SCRA 1, G.R. No. 196461, July 15, 2015
permanently and totally disabled, and hence,
entitled to the corresponding benefits stated under While a litigant’s right to initiate an action in court
the CBA. is fully respected, once his case has been
adjudicated by a competent court in a valid final
CRIMINAL LAW judgment, he should not be permitted to initiate
First Division similar suits hoping to secure a favorable ruling, for
Qualified Rape this will result to endless litigations detrimental to
the administration of justice, as Acil in this case.
PEOPLE OF THE PHILIPPINES, plaintiff-
appellee, vs. ANTONIO BALCUEVA y CIVIL LAW
BONDOCOY, accused-appellant. First Division
761 SCRA 489, G.R. No. 214466, July 1, 2015. Compromise Agreements

The elements of Qualified Rape, which are present REPUBLIC OF THE PHILIPPINES,
in this case, under the foregoing provisions are as represented by the PRESIDENTIAL
follows: (a) the victim is a female over 12 years but COMMISSION ON GOOD
under 18 years of age; (b) the offender is a parent, GOVERNMENT, petitioner, vs. LEGAL
ascendant, stepparent, guardian, relative by HEIRS OF JOSE L. AFRICA, respondents.
consanguinity or affinity within the third civil 767 SCRA 640, G.R. No. 205722, August 19,
degree, or the common-law spouse of the parent of 2015
the victim; and (c) the offender has carnal A compromise is a contract whereby the parties, by
knowledge of the victim either through force, making reciprocal concessions, avoid litigation or
threat or intimidation; or when she is deprived of put an end to one already commenced. It is settled
reason or is otherwise unconscious; or by means of that for a defendant to benefit from the
fraudulent machinations or grave abuse of compromise agreement executed between the
authority. plaintiff and the other defendants, it must be
established that: (1) the plaintiff alleged a common
CORPORATION LAW cause of action against the defendants; and (2) all
First Division the defendants are indispensable parties to the case.
Board of Directors

RICHARD K. TOM, petitioner, vs. SAMUEL CIVIL LAW

N. RODRIGUEZ, respondent. First Division
761 SCRA 679, G.R. No. 215764, July 6, 2015 Burden of Proof

A corporation exercises its powers through its HEIRS OF FRANCISCO I. NARVASA, SR.,
board of directors and/or its duly authorized and HEIRS OF PETRA IMBORNAL and
officers and agents, except in instances where the PEDRO FERRER, represented by their
 Attorney-in-Fact, MRS. REMEDIOS B. dismissal of the criminal action is the People and
NARVASAREGACHO, petitioners, vs. not the petitioners who are mere complaining
EMILIANA, VICTORIANO, FELIPE, witnesses.
MATEO, RAYMUNDO, MARIA and
EDUARDO, all surnamed IMBORNAL, LABOR LAW
respondents. Second Division
732 SCRA 171, G.R. No. 182908, August 6, 2014 Separation Pay

While implied trusts may be proven by oral BENSON INDUSTRIES EMPLOYEES

evidence, the evidence must be trustworthy and UNION-ALU-TUCP and/or VILMA
received by the courts with extreme caution, and GENON, EDISA HORTELANO,
should not be made to rest on loose, equivocal or LOURDES ARANAS, TONY
indefinite declarations. In this light, the Court FORMENTERA, RENEBOY LEYSON,
cannot fully accept and accord evidentiary value to MA. ALONA ACALDO, MA.
the oral testimony offered by Francisco, et al. on the CONCEPCION ABAO, TERESITA
alleged verbal agreement between their CALINAWAN, NICIFORO CABANSAG,
predecessors, the Imbornal sisters, and Ciriaco with STELLA BARONGO, MARILYN POTOT,
respect to the Motherland. WELMER ABANID, LORENZO ALIA,
LINO PARADERO, DIOSDADO
CRIMINAL LAW ANDALES, LUCENA ABESIA, and
Second Division ARMANDO YBAÑEZ, petitioners, vs.
Office of the Solicitor General BENSON INDUSTRIES, INC., respondent.
732 SCRA 318, G.R. No. 200746, August 6,
PEOPLE OF THE PHILIPPINES, plaintiff, 2014.
MALAYAN INSURANCE COMPANY, INC.
and HELEN Y. DEE, private complainants- The postulation that Benson had closed its
petitioners, vs. PHILIP PICCIO, MIA establishment and ceased operations due to serious
GATMAYTAN, MA. ANNABELLA business losses cannot be accepted as an excuse to
RELOVA SANTOS, JOHN JOSEPH clear itself of any liability since the ground of
GUTIERREZ, JOCELYN UPANO, JOSE serious business losses is not considered as an
DIZON, ROLANDO PAREJA, WONINA exculpatory parameter under the aforementioned
BONIFACIO, ELVIRA CRUZ, CORNELIO CBA. While serious business losses generally
ZAFRA, VICENTE ORTUOSTE, exempt the employer from paying separation
VICTORIA GOMEZ JACINTO, JUVENCIO benefits, it must be pointed that the exemption only
PERECHE, JR., RICARDO LORAYES, pertains to the obligation of the employer under the
PETER SUCHIANCO, and TRENNIE Labor Code.
MONSOD, respondents.
732 SCRA 254, G.R. No. 193681, August 6, ADMINISTRATIVE LAW
2014. En Banc
Grave Misconduct
The authority to represent the State in appeals of
criminal cases before the Court and the CA is PRESIDING JUDGE JOSE B. LAGADO and
vested solely in the OSG which is the law office of CLERK OF COURT II JOSEFINA C.
the Government whose specific powers and EMPUESTO, both of the MUNICIPAL
functions include that of representing the Republic TRIAL COURT, MAHAPLAG, LEYTE,
and/or the people before any court in any action complainants, vs. CLERK II BRYAN
which affects the welfare of the people as the ends ANTONIO C. LEONIDO, respondent.
of justice may require. The rationale therefor is
rooted in the principle that the party affected by the
732 SCRA 579, A.M. No. P-14-3222, August 12,
2014. REMEDIAL LAW
(formerly A.M. OCA I.P.I. No. 11-3609-P) First Division
Waiver of Defenses
In this case, Leonido was guilty of Dishonesty and
Gross Misconduct for fraudulently intercepting the DOMINADOR M. APIQUE, petitioner, vs.
subject checks through the use of a falsified EVANGELINE APIQUE FAHNENSTICH,
authorization letter purportedly signed by respondent.
Empuesto and keeping such checks in his 765 SCRA 399, G.R. No. 205705, August 5,
possession without the complainants’ knowledge 2015.
and authority. The subsequent return of the subject The Court cannot subscribe to Dominador’s claim
checks to their lawful owners is of no moment as it for payment of compensation as administrator of
did not change the unlawful nature of Leonido’s the business affairs of Evangeline based on the
acts which is tantamount to stealing. principle of quantum meruit, which was not raised
as an affirmative defense or counterclaim in his
ADMINISTRATIVE LAW answer to the complaint. Settled is the rule that
First Division defenses which are not raised in the answer are
Legal Ethics deemed waived, and counterclaims not set up in the
answer shall be barred.
MAXIMINO NOBLE III, complainant, vs.
ATTY. ORLANDO O. AILES, respondent. LABOR LAW
761 SCRA 1, A.C. No. 10628, July 1, 2015. First Division
As a member of the bar, Orlando should have been Fixed-term Employment
more circumspect in his words, being fully aware
that they pertain to another lawyer to whom OKS DESIGNTECH, INC., represented by
fairness as well as candor is owed. It must be ZAMBY O. PONGAD, petitioner, vs. MARY
emphasized that membership in the bar is a JAYNE L. CACCAM,** respondent.
privilege burdened with conditions such that a 765 SCRA 433, G.R. No. 211263, August 5,
lawyer’s words and actions directly affect the 2015.
public’s opinion of the legal profession. An employee is said to be under a fixed-term
employment when he is hired under a contract
LABOR LAW which specifies that the employment will last only
First Division for a definite period. The Court upholds the
Abandonment NLRC’s finding that respondent was a fixed-term
employee and not a regular one whose employment
FORTUNATO R. BARON, MANOLO B. may be validly terminated upon the expiration of
BERSABAL, and RECTO A. MELENDRES, her contract.
petitioners, vs. EPE TRANSPORT, INC.**
and/or ERNESTO P. ENRIQUEZ, ADMINISTRATIVE LAW
respondents. First Division
765 SCRA 345, G.R. No. 202645, August 5, Effect on Administrative Case
2015.
OFFICE OF THE OMBUDSMAN,
represented by HON. CONCHITA CARPIO-
Abandonment of work does not per se sever the MORALES, in her capacity as Tanodbayan,
employer-employee relationship. It is merely a and HON. GERARD A. MOSQUERA, in his
form of neglect of duty, which is, in turn, a just capacity as Deputy Ombudsman for Luzon,
cause for termination of employment. Since petitioners, vs. ROGER F. BORJA,
petitioners’ abandonment was not proven by respondent.
respondents in this case, the NLRC correctly ruled 774 SCRA 228, G.R. No. 201830, November 10,
that the former were illegally dismissed. 2015.
The dismissal of the criminal case is not a ground registered in the Stock and Transfer Book is only
for the dismissal of the administrative case, in 4.16% in view of the nonregistration of Angela’s
consonance with the rule that a criminal case is shares of stock in the FSVCI Stock and Transfer
separate from an administrative case and each must Book in his favor. An owner of shares of stock
be disposed of according to the facts and the law cannot be accorded the rights pertaining to a
applicable to each case. Thus, while the absence of stockholder — such as the right to call for a
bad faith may negate criminal liability for graft and meeting and the right to vote, or be voted for — if
corrupt practices under RA 3019, it does not his ownership of such shares is not recorded in the
automatically absolve Borja of administrative Stock and Transfer Book.
liability for conduct prejudicial to the best interest
of the service. CIVIL LAW
First Division
COMMERCIAL LAW Simulated Contracts
First Division
Intra-Corporate Controversies RENEE B. TANCHULING, and the HEIRS
OF VICENTE N. Y. TANCHULING,
MANUEL LUIS C. GONZALES and namely: REBECCA TANCHULING-TAN,
FRANCIS MARTIN D. GONZALES, RITA TANCHULING-MAPA, ROSEMARIE
petitioners, vs. GJH LAND, INC. (formerly TANCHULING-SALINAS, and VINCENT
known as S.J. LAND, INC.), CHANG RAYMOND B. TANCHULING, petitioners,
HWAN JANG a.k.a. STEVE JANG, SANG vs. SOTERO C. CANTELA, respondent.
RAK KIM, MARIECHU N. YAP, and ATTY. 774 SCRA 406, G.R. No. 209284, November 10,
ROBERTO P. MALLARI II, respondents. 2015.
774 SCRA 242, G.R. No. 202664, November 10, Simulation takes place when the parties do not
2015. really want the contract they have executed to
produce the legal effects expressed by its wordings.
Applying the relationship test and the nature of the Absolute simulation takes place when the parties
controversy test, the suit between the parties is do not intend to be bound at all and is void; relative
clearly rooted in the existence of an intra-corporate simulation occurs when the parties conceal their
relationship and pertains to the enforcement of true agreement and binds the parties to their
their correlative rights and obligations under the agreement when it does not prejudice a third
Corporation Code and the internal and intra- person and is not intended for any purpose
corporate regulatory rules of the corporation, contrary to law, morals, good customs, public order
hence, intra-corporate, which should be heard by or public policy.
the designated Special Commercial Court.
CONSTITUTIONAL LAW
COMMERCIAL LAW First Division
First Division Jurisdiction
Shares of Stock
CONCHITA CARPIO-MORALES, in her
F & S VELASCO COMPANY, INC., IRWIN capacity as the Ombudsman, petitioner, vs.
J. SEVA, ROSINA B. VELASCO- COURT OF APPEALS (SIXTH DIVISION)
SCRIBNER, MERCEDEZ SUNICO, and and JEJOMAR ERWIN S. BINAY, JR.,
JOSE SATURNINO O. VELASCO,** respondents.
petitioners, vs. DR. ROMMEL L. MADRID, 774 SCRA 431, G.R. Nos. 217126-27,
PETER PAUL L. DANAO, MANUEL L. November 10, 2015.
ARIMADO, and MAUREEN R. LABALAN,
respondents. The concept of Ombudsman independence cannot
774 SCRA 388, G.R. No. 208844, November 10, be invoked as basis to insulate the Ombudsman
2015. from judicial power constitutionally vested unto the
Madrid could not have made a valid call of the courts. Courts are apolitical bodies, which are
meeting as his stock ownership of FSVCI as ordained to act as impartial tribunals and apply
even justice to all. Hence, the Ombudsman’s
notion that it can be exempt from an incident of For a contracting party to be entitled to rescission
judicial power — that is, a provisional writ of (or resolution) in accordance with the Civil Code,
injunction against a preventive suspension order — the other contracting party must be in substantial
clearly strays from the concept’s rationale of breach of the terms and conditions of their
insulating the office from political harassment or contract. A substantial breach of a contract, unlike
pressure. slight and casual breaches thereof, is a fundamental
breach that defeats the object of the parties in
REMEDIAL LAW entering into an agreement.
First Division
Appeals
REMEDIAL LAW
SPOUSES AMADOR C. CAYAGO, JR. and First Division
ERMALINDA B. CAYAGO, petitioners, vs. Immutability of Final Judgments
SPOUSES EVELITO CANTARA and
SOLEDAD CANTARA, respondents. ROLANDO S. ABADILLA, JR., petitioner,
776 SCRA 23, G.R. No. 203918, December 2, vs. SPOUSES BONIFACIO P. OBRERO and
2015. BERNABELA N. OBRERO, and JUDITH
OBRERO-TIMBRESA, respondents.
The right to appeal is merely statutory privilege, 777 SCRA 457, G.R. No. 210855, December 9,
subject to the court’s discretion by virtue of which 2015.
no party can assume that its motion for extension
would be granted. However, where strong Given the improper remedy taken, the order of
considerations of substantial justice are present, the dismissal rendered by the RTC has, thus, become
stringent application of technical rules could be final and immutable and, therefore, can no longer
relaxed in the exercise of equity jurisdiction. It is a be altered or modified in any respect. The doctrine
travesty of justice to dismiss outright a petition for of immutability of judgments bars courts from
review which complied with the rules only because modifying decisions that had already attained
of reasons not attributable to the petitioners such finality, even if the purpose of the modification is
as delay on the part of the personnel of the CA in to correct errors of fact or law.
transmitting case records to their respective
ponentes. CIVIL LAW
First Division
Estoppel

FILINVEST ALABANG, INC., petitioner, vs.

CENTURY IRON WORKS, INC.,
CIVIL LAW respondent.
First Division 777 SCRA 519, G.R. No. 213229, December 9,
Reciprocal Obligations 2015.

ROGELIO S. NOLASCO, NICANORA N. The petitioner’s issuance of the Certificate of

GUEVARA, LEONARDA N. ELPEDES, Completion and Acceptance signifying that it had
HEIRS OF ARNULFO S. NOLASCO, and already accepted respondent’s work as up to par
REMEDIOS M. NOLASCO, represented by already estops the former from withholding the
ELENITA amounts due to respondent’s purported
M. NOLASCO, petitioners, vs. CELERINO substandard workmanship. It is settled that
S. CUERPO, JOSELITO ENCABO, whenever a party has, by his own declaration, act,
JOSEPH ASCUTIA, and DOMILO or omission, intentionally and deliberately led
LUCENARIO, respondents. another to believe a particular thing true, and to act
777 SCRA 447, G.R. No. 210215, December 9, upon such belief, he cannot, in any litigation arising
2015.
out of such declaration, act or omission, be THE NATIONAL UNION OF STUDENTS
permitted to falsify it, as in this case. OF THE PHILIPPINES; VENCER MARI
E. CRISOSTOMO, CHAIRPERSON OF
LABOR LAW THE ANAKBAYAN; MARC LINO J. ABILA,
First Division NATIONAL PRESIDENT OF THE
Due Process COLLEGE EDITORS GUILD OF THE
PHILIPPINES; EINSTEIN Z. RECEDES,
QUANTUM FOODS, INC., petitioner, vs. DEPUTY SECRETARY-GENERAL OF
MARCELINO ESLOYO and GLEN ANAKBAYAN; CHARISSE BERNADINE I.
MAGSILA, respondents. BAÑEZ, CHAIRPERSON OF THE
777 SCRA 532, G.R. No. 213696, December 9, LEAGUE OF FILIPINO STUDENTS;
2015. ARLENE CLARISSE Y. JULVE, MEMBER
OF ALYANSA NG MGA GRUPONG
It is well to emphasize that technical rules are not HALIGI NG AGHAM AT TEKNOLOHIYA
binding in cases submitted before the NLRC. In PARA SA MAMAMAYAN (AGHAM); and
fact, labor officials are enjoined to use every and SINING MARIA ROSA L. MARFORI,
reasonable means to ascertain the facts in each case petitioners, vs. COMMISSION ON
speedily and objectively, without regard to ELECTIONS, respondent.
technicalities of law or procedure, in the interest of 777 SCRA 574, G.R. No. 221318, December 16,
due process. Consequently, the NLRC cannot be 2015.
faulted for relaxing its own rules in the interest of
substantial justice. The biometrics validation imposed under RA
10367 is a requirement and not a “qualification” to
CRIMINAL LAW the exercise of the right of suffrage, but a mere
First Division aspect of the registration procedure, of which the
Impulse of Uncontrollable Fear State has the right to reasonably regulate. RA 10367
was precisely designed to facilitate the conduct of
ADINA B. MANANSALA, petitioner, vs. orderly, honest, and credible elections by
PEOPLE OF THE PHILIPPINES, containing — if not eliminating, the perennial
respondent. problem of having flying voters, as well as dead and
777 SCRA 563, G.R. No. 215424, December 9, multiple registrants.
2015.
For the circumstance of acting under an impulse of LEGAL ETHICS
uncontrollable fear to be appreciated in favor of an En Banc; Attorneys
accused, the following elements must concur: (a) Borrowing Money from Clients
the existence of an uncontrollable fear; (b) that the
fear must be real and imminent; and (c) the fear of SPOUSES HENRY A. CONCEPCION and
an injury is greater than, or at least equal to, that BLESILDA S. CONCEPCION,
committed. In the instant case, nothing would complainants, vs. ATTY. ELMER A. DELA
show that Lacanilao, or any of her superiors at ROSA, respondent.
UMC for that matter, threatened her with loss of 749 SCRA 26, A.C. No. 10681, February 3,
employment should she fail to do so. 2015.

In unduly borrowing money from the complainants

POLITICAL LAW and by blatantly refusing to pay the same,
En Banc respondent abused the trust and confidence
Biometrics reposed in him by his clients, and, in so doing,
failed to uphold the integrity and dignity of the legal
KABATAAN PARTY-LIST, represented by profession. Thus, he should be equally held
REPRESENTATIVE JAMES MARK TERRY administratively liable on this score.
L. RIDON and MARJOHARA S. TUCAY;
SARAH JANE I. ELAGO, PRESIDENT OF
LEGAL ETHICS (formerly OCA I.P.I. No. 11-3672-P)
First Division
Notary Public The penalty imposed by law is not directed at
respondent’s private life, but rather at her actuation
MELANIO S. SALITA, complainant, vs. unbecoming of a public official. Willful refusal to
ATTY. REYNALDO T. SALVE, respondent. pay just debts, much like misconduct, equally
749 SCRA 463, A.C. No. 8101, February 4, contemplates the punishment of the errant official
2015. in view of the damage done to the image of the
The function of a notary public is, among others, Judiciary. Willful failure to pay just debts is
to guard against any illegal or immoral classified as a light offense, with the corresponding
arrangements. Atty. Salve’s act of certifying under penalty of reprimand.
oath an irregular Deed of Absolute Sale without
requiring the personal appearance of the persons CIVIL LAW
executing the same constitutes gross negligence in First Division
the performance of duty as a notary public. Forbearance

LEGAL ETHICS WT CONSTRUCTION, INC., petitioner, vs.

First Division THE PROVINCE OF CEBU, respondent.
Lawyer’s Oath 771 SCRA 13, G.R. No. 208984, September 16,
2015.
SPOUSES WILLIE and AMELIA
UMAGUING, complainants, vs. ATTY. The liability of the Province of Cebu involves a
WALLEN R. DE VERA, respondent. forbearance of money. The term “forbearance,”
749 SCRA 473, A.C. No. 10451, February 4, within the context of usury law, has been described
2015. as a contractual obligation of a lender or creditor to
It is highly improbable for Atty. De Vera to have refrain, during a given period of time, from
remained in the dark about the authenticity of the requiring the borrower or debtor to repay the loan
documents he himself submitted to the court when or debt then due and payable.
his professional duty requires him to represent his
client with zeal and within the bounds of the law. TAXATION LAW
The Lawyer’s Oath enjoins every lawyer not only to First Division
obey the laws of the land but also to refrain from Estoppel
doing any falsehood in or out of court or from
consenting to the doing of any in court, and to COMMISSIONER OF INTERNAL
conduct himself according to the best of his REVENUE, petitioner, vs. NIPPON
knowledge and discretion with all good fidelity to EXPRESS (PHILS.) CORPORATION,
the courts as well as to his clients. respondent.
771 SCRA 27, G.R. No. 212920, September 16,
ADMINISTRATIVE LAW 2015.
First Division
Penalties It deserves mentioning that the CIR is not estopped
from assailing the validity of the Tax Credit
MARY-ANN** S. TORDILLA, COURT Certificate which was issued by her subordinates in
STENOGRAPHER III, REGIONAL TRIAL the BIR. In matters of taxation, the government
COURT OF NAGA CITY, CAMARINES cannot be estopped by the mistakes, errors or
SUR, BRANCH 27, complainant, vs. LORNA omissions of its agents for upon it depends the
H. AMILANO, COURT STENOGRAPHER ability of the government to serve the people for
III, REGIONAL TRIAL COURT OF NAGA whose benefit taxes are collected.
CITY, CAMARINES SUR, BRANCH 61,
respondent. CORPORATION LAW
749 SCRA 487, A.M. No. P-14-3241, February First Division
4, 2015. Liability of Corporate Officers
 himself caused the intercalation of the notarized
JAKERSON G. GARGALLO, petitioner, vs. SPA by inserting handwritten alterations therein
DOHLE SEAFRONT CREWING which changed its meaning, thus, violating the
(MANILA), INC., DOHLE MANNING Code of Professional Responsibility. A lawyer shall
AGENCIES, INC., and MR. MAYRONILO not engage in unlawful, dishonest, immoral or
B. PADIZ, respondents. deceitful conduct.
771 SCRA 88, G.R. No. 215551, September 16, CRIMINAL LAW
2015. First Division
Extinction of Penal Actions
The Court finds no basis to hold respondent Dohle
Seafront President Padiz, solidarily liable with DOLORES DIAZ, petitioner, vs. PEOPLE
respondents Dohle Manning and Dohle Seafront OF THE PHILIPPINES and LETICIA S.
for the payment of the monetary awards granted to ARCILLA, respondents.
petitioner, absent any showing that he had acted 776 SCRA 43, G.R. No. 208113, December 2,
beyond the scope of his authority or with malice. 2015.
Settled is the rule that in the absence of malice and The extinction of the penal action does not carry
bad faith, or a specific provision of law making a with it the extinction of the civil liability where the
corporate officer liable, such officer cannot be acquittal is based on reasonable doubt as only
made personally liable for corporate liabilities. preponderance of evidence, or “greater weight of
the credible evidence,” is required. Thus, an
LEGAL ETHICS accused acquitted of estafa may still be held civilly
First Division liable where the facts established by the evidence so
Notary Public warrant, as in this case.

ATTY. BENIGNO T. BARTOLOME, LABOR LAW

complainant, vs. ATTY. CHRISTOPHER A. First Division
BASILIO, respondent. Floating Status
772 SCRA 213, A.C. No. 10783, October 14,
2015. RAFAEL B. QUILLOPA, petitioner, vs.
QUALITY GUARDS SERVICES AND
A notary public should not notarize a document INVESTIGATION AGENCY and ISMAEL
unless the person who signed the same is the very BASABICA, JR., respondents.
person who executed and personally appeared 776 SCRA 85, G.R. No. 213814, December 2,
before him to attest to the contents and the truth 2015.
of what are stated therein. By failing in this regard,
the notary public permits a falsehood which does The unjustified failure to place petitioner back in
not only transgress the Notarial Rules but also the active duty within the allowable six (6)-month
Code of Professional Responsibility. period hold respondents liable for petitioner’s
constructive dismissal. Placing a security guard in
LEGAL ETHICS temporary “off-detail” or “floating status” is part
First Division of management prerogative of the employer-
Notarized Documents security agency and does not, per se, constitute a
severance of the employer-employee relationship.
ELENA BIETE LEONES VDA. DE Furthermore, the security guard must not remain in
MILLER, complainant, vs. ATTY. such status for a period of more than six (6)
ROLANDO B. MIRANDA, respondent. months; otherwise, he is deemed terminated.
774 SCRA 205, A.C. No. 8507, November 10,
2015. REMEDIAL LAW
Respondent’s failure to carefully double-check the First Division
draft of the original SPA submitted to him by his Jurisdiction
secretary led him to notarize a document which did
not reflect the true intent of his client. Respondent
 NARRA NICKEL MINING AND mean only verbal arguments in court; one may also
DEVELOPMENT CORPORATION, be heard thru pleadings.
TESORO MINING AND
DEVELOPMENT, INC., and MCARTHUR LABOR LAW
MINING, INC., petitioners, vs. REDMONT First Division
CONSOLIDATED MINES Burden of Proof
CORPORATION, respondent.
777 SCRA 258, G.R. No. 202877, December 9, VICENTE C. TATEL, petitioner, vs. JLFP
2015. INVESTIGATION AND SECURITY
AGENCY, INC., JOSE LUIS F.
It is a fundamental rule that the question of PAMINTUAN, and/or PAOLO C. TURNO,
jurisdiction may be tackled motu proprio on appeal respondents.
even if none of the parties raised the same. The 777 SCRA 347, G.R. No. 206942, December 9,
reason for the rule is that a court without 2015.
jurisdiction cannot render a valid judgment. The
jurisdictional parameter that the appeal be taken Jurisprudence has placed upon the employer the
against a judgment, final order, resolution or award burden of proving that an employee was not
of a “quasi-judicial agency in the exercise of its dismissed or, if dismissed, that the dismissal was for
quasi-judicial functions” is explicitly stated in the a valid or authorized cause. In this case,
Rules of Court. respondents have adequately discharged this
burden, proving that they did not dismiss Tatel.
ADMINISTRATIVE LAW Accordingly, the burden of proof has shifted to the
First Division latter to establish otherwise, which he, however,
Procedural Due Process failed to do.

HON. HERMOGENES E. EBDANE, JR., in REMEDIAL LAW

his official capacity as Acting Secretary of the First Division
Department of Public Works and Highways Rule 108 of the Rules of Court
(DPWH), ATTY. JOEL L. JACOB, in his
official capacity as Officer-in-Charge, Legal IN THE MATTER OF THE PETITION
Service (DPWH), ATTY. OLIVER T. FOR CORRECTION OF ENTRY
RODULFO, in his official capacity as Head, (CHANGE OF FAMILY NAME IN THE
Internal Affairs Office (DPWH), and HON. BIRTH CERTIFICATE OF FELIPE C.
JAIME A. PACANAN, in his official capacity ALMOJUELA AS APPEARING IN THE
as Regional Director (DPWH), Regional RECORDS OF THE NATIONAL
Office No. VIII, petitioners, vs. ALVARO Y. STATISTICS OFFICE),
APURILLO, ERDA P. GABRIANA, FELIPE C. ALMOJUELA, petitioner, vs.
JOCELYN S. JO, IRAIDA R. LASTIMADO, REPUBLIC OF THE PHILIPPINES,
and FRANCISCO B. VINEGAS, JR., respondent.
respondents. 801 SCRA 399, G.R. No. 211724, August 24,
777 SCRA 324, G.R. No. 204172, December 9, 2016.
2015.
An adversary proceeding is defined as one “having
In this case, the Court finds that while there were opposing parties; contested, as distinguished from
missteps in the proceedings conducted before the an ex parte application, one of which the party
DPWH, they were, nonetheless, accorded a fair seeking relief has given legal warning to the other
opportunity to be heard when the formal charge party, and afforded the latter an opportunity to
directed them. In administrative proceedings, as in contest it.” The failure to strictly comply with the
the case at bar, procedural due process simply above discussed requirements provided by law for
means the opportunity to explain one’s side or the correction of an entry in the civil registrar involving
opportunity to seek a reconsideration of the action substantial and controversial alterations renders the
or ruling complained of. “To be heard” does not entire proceedings therein null and void.
 evidence. It is settled that in criminal prosecutions
CIVIL LAW involving illegal drugs, the presentation of the
First Division drugs which constitute the corpus delicti of the crime
Antichresis calls for the necessity of proving with moral
certainty that they are the same seized items.
SPOUSES CHARITO M. REYES and
ROBERTO REYES, and SPOUSES VILMA CRIMINAL LAW
M. MARAVILLO and DOMINGO First Division
MARAVILLO, JR., petitioners, vs. HEIRS Searches Incidental to a Lawful Arrest
OF BENJAMIN MALANCE,** namely:
ROSALINA M. MALANCE, BERNABE M. ELMER G. SINDAC @
MALANCE, BIENVENIDO M. MALANCE, “TAMER,” petitioner, vs. THE PEOPLE OF
and DOMINGA*** M. MALANCE, THE PHILIPPINES, respondent.
represented by BIENVENIDO M. 802 SCRA 270, G.R. No. 220732, September 6,
MALANCE, respondents. 2016.
801 SCRA 485, G.R. No. 219071, August 24,
2016. As a consequence of Sindac’s unlawful arrest, it
follows that there could be no valid search
incidental to a lawful arrest which had yielded the
As antichretic creditors, the Magtalas sisters are plastic sachet containing shabu from Sindac. Since
entitled to retain enjoyment of the subject land until the shabu purportedly seized from Sindac
the debt has been totally paid. Antichresis involves constitutes inadmissible evidence in violation of
an express agreement between parties whereby: (a) Article III of the 1987 Constitution, and given that
the creditor will have possession of the debtor’s real the confiscated shabu is the very corpus delicti of the
property given as security; (b) such creditor will crime charged, the Court finds Sindac’s conviction
apply the fruits of the said property to the interest to be improper and therefore, acquits him.
owed by the debtor, if any, then to the principal
amount; (c) the creditor retains enjoyment of such
property until the debtor has totally paid what he CRIMINAL LAW
owes; and (d) should the obligation be duly paid, First Division
then the contract is automatically extinguished Searches Incidental to a Lawful Arrest
proceeding from the accessory character of the
agreement. EDMUND BULAUITAN y MAUAYAN,**
petitioner, vs. PEOPLE OF THE
CRIMINAL LAW PHILIPPINES, respondent.
First Division 803 SCRA 367, G.R. No. 218891, September 19,
Chain of Custody Rule 2016.

PEOPLE OF THE PHILIPPINES, plaintiff- The three (3) plastic sachets containing shabu
appellee, vs. ROMEO LINTAG y recovered therefrom are inadmissible in evidence
LAUREOLA, accused-appellant. for being the proverbial fruit of the poisonous tree.
802 SCRA 257, G.R. No. 219855, September 6, Therefore, Bulauitan must necessarily be acquitted
2016. and exonerated from all criminal liability. The 1987
Constitution provides that evidence obtained from
In the given case, it was SPO3 Valdez — and not unreasonable searches and seizures shall be
SPO2 Gonzales — who delivered such request and inadmissible in evidence for any purpose in any
presumably, the seized plastic sachets as well, to proceeding.
Forensic Chemical Officer PI Mariano. This
immediately puts into question how SPO3 Valdez CRIMINAL LAW
came into possession of the seized items, which First Division;
was not explained by the prosecution through the Illegal Possession of Dangerous Drugs
presentation of testimonial or documentary
 ANTONIO GAMBOA y DELOS SANTOS, CORPORATION, NICOLAS C.
petitioner, vs. PEOPLE OF THE BALDERRAMA, SIDDCOR INSURANCE
PHILIPPINES, respondent. CORPORATION (now MEGA PACIFIC
808 SCRA 24, G.R. No. 220333, November 14, INSURANCE CORPORATION),
2016. PHILIPPINE PHOENIX SURETY AND
INSURANCE, INC., PARAMOUNT
The breaches of the procedure contained in RA INSURANCE CORPORATION,** AND
9165 committed by the police officers, militate FORTUNE LIFE AND GENERAL
against a finding of guilt beyond reasonable doubt INSURANCE COMPANY, respondents.
against the accused as the integrity and evidentiary 716 SCRA 67, G.R. No. 187403, February 12,
value of the corpus delicti had been compromised. In 2014.
order to secure the conviction of an accused
charged with illegal possession of dangerous drugs, Under the Civil Code, an extension of time given
the prosecution must prove that: (a) the accused to the principal debtor by the creditor without the
was in possession of an item or object identified as surety’s consent would deprive the surety of his
a dangerous drug; (b) such possession was not right to pay the creditor and to be immediately
authorized by law; and (c) the accused freely and subrogated to the creditor’s remedies against the
consciously possessed the said drug. principal debtor upon the maturity date.
Considering the inoperability of Article 2079 of the
CIVIL LAW Civil Code in this case, the bonding companies’
Second Division liabilities to TIDCORP under the Surety Bonds —
Psychological Incapacity except those issued by Paramount and covered by
its Compromise Agreement with TIDCORP —
REPUBLIC OF THE PHILIPPINES, have not been extinguished.
petitioner, vs. RODOLFO O. DE GRACIA,
respondent. REMEDIAL LAW
716 SCRA 8, G.R. No. 171557, February 12, Second Division
2014. Hearsay Evidence

Verily, although expert opinions furnished by RICARDO L. ATIENZA AND ALFREDO A.

psychologists regarding the psychological CASTRO, petitioners, vs. PEOPLE OF THE
temperament of parties are usually given PHILIPPINES, respondent.
considerable weight by the courts, the existence of 716 SCRA 84, G.R. No. 188694, February 12,
psychological incapacity must still be proven by 2014.
independent evidence. Natividad’s refusal to live
with Rodolfo and to assume her duties as wife and It is settled that while affidavits may be considered
mother as well as her emotional immaturity, as public documents if they are acknowledged
irresponsibility and infidelity do not rise to the level before a notary public, they are still classified as
of psychological incapacity that would justify the hearsay evidence unless the affiants themselves are
nullification of the parties’ marriage. placed on the witness stand to testify thereon and
the adverse party is accorded the opportunity to
CIVIL LAW cross-examine them. With the prosecution’s failure
Second Division to present Nelson to affirm his statement that
Solidary Obligations Castro caused the return of Volume 266, the
prosecution’s evidence on the matter should be
TRADE AND INVESTMENT treated as hearsay and, thus, inadmissible to
DEVELOPMENT CORPORATION OF establish the truth or falsity of the relevant claims.
THE PHILIPPINES (Formerly
PHILIPPINE EXPORT AND FOREIGN REMEDIAL LAW
LOAN GUARANTEE CORPORATION), First Division
petitioner, vs. ASIA PACES Petition for Certiorari
CORPORATION, PACES INDUSTRIAL
PROVINCE OF LEYTE, herein represented to commit so grave a wrong under the RPC in favor
by MR. RODOLFO BADIABLE, in his of Wacoy and Quibac, as correctly appreciated by
capacity as the ICO-Provincial Treasurer, the CA. In determining the presence of this
Province of Leyte, petitioner, vs. ENERGY circumstance, it must be considered that since
DEVELOPMENT CORPORATION, intention is a mental process and is an internal state
respondent. of mind, the accused’s intention must be judged by
760 SCRA 149, G.R. No. 203124, June 22, 2015. his conduct and external overt acts.

Thus, in petitions for certiorari filed before the CA,

the latter acquires jurisdiction over the person of
the respondent upon: (a) the service of the order or CIVIL LAW
resolution indicating the CA’s initial action on the First Division
petition to the respondent; or (b) the voluntary Solidary Obligations
submission of the respondent to the CA’s
jurisdiction. Hence, the CA had already acquired GO TONG ELECTRICAL SUPPLY CO.,
jurisdiction over both parties to the instant case due INC. and GEORGE C. GO, petitioners, vs.
to compliance to the abovementioned BPI FAMILY SAVINGS BANK, INC.,
requirements. substituted by PHILIPPINE INVESTMENT
ONE [SPV-AMC], INC.,** respondent.
760 SCRA 486, G.R. No. 187487, June 29, 2015.
CRIMINAL LAW
First Division Go had clearly bound himself as a surety to Go
Treachery Tong Electrical’s loan obligation. Thus, there is no
question that Go’s liability thereto is solidary with
PEOPLE OF THE PHILIPPINES, plaintiff- the former. As provided under the Civil Code, “the
appellee, vs. ERNIE INCIONG y ORENSE, surety undertakes to be bound solidarily with the
accused-appellant. principal obligor”.
760 SCRA 249, G.R. No. 213383, June 22, 2015.

Treachery is present when the offender commits REMEDIAL LAW

any of the crimes against persons, employing First Division
means, methods, or forms in the execution, which Preliminary Investigations
tend directly and specially to insure its execution,
without risk to the offender arising from the PHILIPPINE DEPOSIT INSURANCE
defense which the offended party might make. The CORPORATION (PDIC), petitioner, vs.
assault on Lumbera ensured that accused-appellant HON. ORLANDO C. CASIMIRO, in his
would be able to consummate the crime without capacity as Overall Deputy Ombudsman,
risk to his own person, hence, the qualifying FIDEL C. CU, CARMELITA B. ZATE, and
circumstance of treachery. MARY LOU S. APELO, respondents.
769 SCRA 110, G.R. No. 206866, September 2,
CRIMINAL LAW 2015.
First Division
Mitigating Circumstance It was error on the part of the Ombudsman to
simply discredit Gomez’s affidavit as inadmissible
GUILLERMO WACOY y BITOL, petitioner, in evidence for being hearsay. The technical rules
vs. PEOPLE OF THE PHILIPPINES, of evidence should not be applied in the course of
respondent. its proceedings. Hearsay evidence is admissible in
760 SCRA 259, G.R. No. 213792, June 22, 2015. determining probable cause in preliminary
investigations because such investigation is merely
The penalty for the crime of Homicide must be preliminary, and does not finally adjudicate rights
imposed in its minimum period due to the presence and obligations of parties.
of the mitigating circumstance of lack of intention
REMEDIAL LAW on the fate or whereabouts of those persons, with
First Division the intention of removing from the protection of
Hearsay Evidence Rule the law for a prolonged period of time.”

PRESIDENTIAL COMMISSION ON CRIMINAL LAW

GOOD GOVERNMENT, petitioner, vs. MA. First Division
MERCEDITAS NAVARRO-GUTIERREZ Anti-Trafficking in Persons Act of 2003
(as then Ombudsman), DON M. FERRY,
JOSE R. TENGCO, JR., ROLANDO M. VINSON** D. YOUNG a.k.a. BENZON
ZOSA, CESAR C. ZALAMEA, OFELIA I. ONG and BENNY YOUNG a.k.a. BENNY
CASTELL, and RAFAEL A. SISON, public ONG, petitioners, vs. PEOPLE OF THE
respondents, PHILIPPINES, as represented by the
RODOLFO M. CUENCA, MANUEL I. OFFICE OF THE SOLICITOR GENERAL,
TINIO, and ANTONIO R. ROQUE, private respondent.
respondents. 783 SCRA 286, G.R. No. 213910, February 3,
773 SCRA 434, G.R. No. 194159, October 21, 2016.
2015.
In this case, the assailed RTC Order was a patent
The Ombudsman erred in simply discrediting the nullity for being rendered with grave abuse of
TWG’s findings contained in the Executive discretion amounting to lack or in excess of
Summary which were adopted by the Ad Hoc jurisdiction. The present case involves public
Committee for being hearsay, self-serving, and of interest as it imputes violations of the “Anti-
little probative value. Owing to the initiatory nature Trafficking in Persons Act of 2003,” a crime so
of preliminary investigations, the technical rules of abhorrent and reprehensible that is characterized
evidence should not be applied in the course of its by sexual violence and slavery. Accordingly, direct
proceedings. Hearsay evidence is admissible in resort to a certiorari petition sans a motion for
determining probable cause in preliminary reconsideration is clearly sanctioned in this case.
investigations because such investigation is merely
preliminary, and does not finally adjudicate rights REMEDIAL LAW
and obligations of parties. First Division
Doctrine of Judicial Stability or
CONSTITUTIONAL LAW Noninterference
First Division
Enforced Disappearances ELDEFONSO G. DEL ROSARIO and
JOSEFINO R. ORTIZ, petitioners, vs.
SPOUSES ROZELLE RAYMOND MARTIN CRISTINA OCAMPO-FERRER, respondent.
and CLAUDINE MARGARET SANTIAGO, 794 SCRA 116, G.R. No. 215348, June 20, 2016.
petitioners, vs. RAFFY TULFO, BEN
TULFO, and ERWIN TULFO, respondents.
773 SCRA 558, G.R. No. 205039, October 21, The Court emphasizes that under the doctrine of
2015. judicial stability or noninterference in the regular
orders or judgments of a coequal court, the various
“Extrajudicial killings,” according to case law, are trial courts of a province or city, having the same
generally characterized as “killings committed equal authority, should not, cannot, and are not
without due process of law, i.e., without legal permitted to interfere with their respective cases,
safeguards or judicial proceedings,” while much less with their orders or judgments. The
“enforced disappearances,” according to Republic doctrine of judicial stability or noninterference in
Act No. 9851, “means the arrest, detention, or the regular orders or judgments of a coequal court
abduction of persons by, or with the authorization, is an elementary principle in the administration of
support or acquiescence of, a State or a political justice: no court can interfere by injunction with the
organization followed by a refusal to acknowledge judgments or orders of another court of concurrent
that deprivation of freedom or to give information
jurisdiction having the power to grant the relief to threats on their lives or to similar analogous
sought by the injunction. causes that would prevent the court from
effectively hearing and conducting the Amparo
REMEDIAL LAW proceedings which, however, do not obtain in these
First Division cases
Petition for Review on Certiorari
CRIMINAL LAW
TING TRUCKING/MARY VIOLAINE A. First Division
TING, petitioner, vs. JOHN C. MAKILAN, Burden of Proof
respondent.
794 SCRA 140, G.R. No. 216452, June 20, 2016. DAMASO T. AMBRAY and CEFERINO T.
AMBRAY, JR.,** petitioners, vs. SYLVIA A.
The Rules of Court provides that the Supreme TSOUROUS, CARMENCITA AMBRAY-
Court is not the proper venue to consider a factual LAUREL, HEDY AMBRAY-AZORES,
issue as it is not a trier of facts. The rule, however, VIVIEN AMBRAY-YATCO, NANCY
is not ironclad and a departure therefrom may be AMBRAY-ESCUDERO, MARISTELA
warranted where the findings of fact of the LA and AMBRAY-ILAGAN, ELIZABETH
the NLRC, on the one hand, and the CA, on the AMBRAY-SORIANO, MA. LUISA FE
other hand, are contradictory, as in this case. There AMBRAY-ARCILLA, and CRISTINA
is therefore a need to review the records to AMBRAY-LABIT, respondents.
determine whether the CA, in the exercise of its 795 SCRA 627, G.R. No. 209264, July 5, 2016.
certiorari jurisdiction, erred in finding grave abuse of
discretion on the part of the NLRC, in ruling that As a rule, forgery cannot be presumed and must be
respondent was not illegally dismissed. proved by clear, positive and convincing evidence,
and the burden of proof lies on the party alleging
CONSTITUTIONAL LAW forgery. One who alleges forgery has the burden to
En Banc establish his case by a preponderance of evidence,
Writ of Amparo or evidence which is of greater weight or more
convincing than that which is offered in opposition
ARTHUR BALAO, WINSTON BALAO, to it. The fact of forgery can only be established by
NONETTE BALAO, JONILYN BALAO- a comparison between the alleged forged signature
STRUGAR, and BEVERLY LONGID, and the authentic and genuine signature of the
petitioners, vs. EDUARDO ERMITA, person whose signature is theorized to have been
GILBERTO TEODORO, RONALDO forged.
PUNO, NORBERTO GONZALES, GEN.
ALEXANDER YANO, GEN. JESUS REMEDIAL LAW
VERZOSA, BRIG. GEN. REYNALDO First Division
MAPAGU, LT. P/DIR. EDGARDO Petition for Review on Certiorari
DOROMAL, MAJ. GEN. ISAGANI
CACHUELA, Commanding Officer of the JULIUS BAUTISTA, ARSENIO
AFP-ISU based in Baguio City, PSS LARANANG, REYNALDO BALDEMOR,
EUGENE MARTIN, and several JOHN CARMELITA MANAYAN, NORMA
DOES, respondents. FLORES, CONSUELO ESTIGOY,
794 SCRA 177, G.R. No. 186050, June 21, 2016. CARMELITA VALMONTE, SIMEON
MARTIN, MAGDALENA GADIAN, JOSE
The court shall not dismiss the petition, but shall GINNO DELA MERCED, JOVEN SILAN,
archive it, if upon its determination it cannot JR., JULIO DIAZ, GIDEON ACOSTA, and
proceed for a valid cause such as the failure of WENCESLA BAUTISTA, petitioners, vs. LT.
petitioner or witnesses to appear due to threats on COL. BENITO DONIEGO, JR., LT. COL.
their lives. The Amparo rule sanctions the archiving ALFREDO PATARATA, and MAJOR
of cases, provided that it is impelled by a valid GENERAL GREGORIO PIO CATAPANG,
cause, such as when the witnesses fail to appear due respondents.
797 SCRA 724, G.R. No. 218665, July 20, 2016. Although the taxable person who has actual and
beneficial use and possession of a property may be
The Rules of Court require that in an appeal by way charged with the payment of unpaid realty tax due
of a petition for review, the appeal is deemed thereon, such assumption of liability does not
perfected as to the petitioner upon the timely filing clothe the said person with the legal title or interest
of the petition and the payment of docket and other over the property.
lawful fees. To perfect the appeal, the party has to
file the petition for review and to pay the docket
fees within the prescribed period. Consequently, LABOR LAW
without the petition, the CA cannot be said to have First Division
acquired jurisdiction over the case. Control Test
Felicilda vs. Uy
ADMINISTRATIVE LAW 803 SCRA 296, G.R. No. 221241 September 14,
First division 2016
Court Personnel

Corpuz vs. Rivera The power of control refers merely to the existence
801 SCRA 572, A.M. No. P-16-3541, A.M. No. of the power. It is not essential for the employer to
P-16-3542, A.M. No. P-16-3543, OCA I.P.I. actually supervise the performance of duties of the
No. 14-2731-MTJ August 30, 2016 employee, as it is sufficient that the former has a
right to wield the power, as in this case.
Rivera’s money-lending activities which were done
even during office hours and within the court
premises surely put the integrity of her office under
suspicion, as it gave the impression that she took
advantage of her position and abused the
confidence reposed in her in doing her business. REMEDIAL LAW
Second Division
LEGAL ETHICS Dismissal of Actions
En Banc
Suspension from Practice of Law Sahar International Trading, Inc. vs. Warner
Lambert Co., LLC
Reyes vs. Nieva 725 SCRA 460, G.R. No. 194872 June 9, 2014
802 SCRA 196, A.C. No. 8560 September 6,
2016 No actual substantial relief which a petitioner
would be entitled to, and which would be negated
Lawyers may be suspended from the practice of law by the dismissal of the petition. Courts generally
or disbarred for any misconduct, even if it pertains decline jurisdiction over such case or dismiss it on
to his private activities, as long as it shows him to the ground of mootness. Thus, judgment will not
be wanting in moral character, honesty, probity or serve any useful purpose or have any practical legal
good demeanor. effect because, in the nature of things, it cannot be
enforced.
CIVIL LAW
First division LEGAL ETHICS
Words and Phrases First Division
Felipe layos vs. Atty. Marlito I. Villanueva
Onstott vs. Upper Tagpos Neighborhood A.C. No. 8085. December 1, 2014.
Association, Inc.
803 SCRA 280, G.R. No. 221047 September 14, Atty. Villanueva was suspended for his constant
2016 failure to attend hearings which resulted to the
issuance by the RTC of an adverse decision against
his client, Layos.
 First Division
Nonjoinder of Indispensable Parties ;
TAXATION LAW
First Division Laus vs. Optimum Security Services, Inc.
Tax Refunds 783 SCRA 257, G.R. No. 208343 February 3,
2016
CBK Power Company Limited vs.
Commissioner of Internal Revenue The refusal of the petioner to implead an
743 SCRA 693, G.R. No. 198928 December 3, indispensable party despite the order of the court,
2014 the latter may dismiss the complaint/petition for
the plaintiff’s/petitioner’s failure to comply
During the period December 10, 2003 to October therewith.
6, 2010 by virtue of DA-489-03, taxpayers-
claimants need not observe the one hundred twenty CONSTITUTIONAL LAW
(120)-day period before it could file a judicial claim First Division
for refund of excess input Value-Added Tax (VAT) Warrantless Searches and Seizures
before the Court of Tax Appeals. People vs. Manago
801 SCRA 103, G.R. No. 212340 August 17,
REMEDIAL LAW 2016
First Division
Mandamus A variant of searching moving vehicles without a
Martinez vs. Martin warrant may entail the setup of military or police
743 SCRA 719, G.R. No. 203022 December 3, checkpoints are not illegal per se for as long as its
2014 necessity is justified by the exigencies of public
order and conducted in a way least intrusive to
The petition for writ of mandamus filed by motorists. Hence, the search conducted by the
Martinez should fail on the ground that Motion for police officers were valid.
Reconsideration filed before the RTC when the
writ was filed was still pending.
LEGAL ETHICS
CRIMINAL LAW First Division
First Division Attorney’s Fees
When Death Results From the Commission of Jakerson G. Gargallo vs. DOHLE Seafront
a Crime Crewing
G.R. No. 215551, August 17, 2016
People vs. Parba
773 SCRA 83, G.R. No. 214506 October 19,
2015 Absent any showing of any bad faith on the part of
the respondents to pay, the award of attorney’s fees
When death results from the commission of a must be deleted.
crime, the heirs of the victim are entitled to the
following awards: (a) civil indemnity ex delicto for
the death of the victim without need of evidence LABOR LAW
other than the commission of the crime; (b) actual First Division
or compensatory damages to the extent proved, or Service Incentive Leave
temperate damages when some pecuniary loss has
been suffered but its amount cannot be provided HSY Marketing Ltd. Co. vs. Villastique
with certainty; (c) moral damages; and (d) 801 SCRA 163, G.R. No. 219569 August 17,
exemplary damages when the crime was committed 2016
with one or more aggravating circumstances
Villanueva, an employee of petitioner for more
REMEDIAL LAW than 1 year is entitled to service incentive leave pay
which may be used as leave days or he may collect Respondent was held guilty of Grave Misconduct
its monetary value, unless the working days in the which was classified as a grave offense punishable
establishment as a matter of practice or policy, or by dismissal even for first time offenders, with all
that provided in the employment contracts, is less the accessory penalties.
than 12 months, in which case said period shall be
considered as one [(1)] year. REMEDIAL LAW
First Division
Voluntary Arbitration

Coca-Cola Femsa Philippines, Inc. vs.

Bacolod Sales Force Union-Congress of
CRIMINAL LAW Independent Organization-ALU
First Division 804 SCRA 139, G.R. No. 220605 September 21,
Damages 2016

People vs. Bagamano Where the VA was averred to have acted without
801 SCRA 209, G.R. No. 222658 August 17, or in excess of his jurisdiction or with grave abuse
2016 of discretion amounting to lack or excess of
jurisdiction, the filing of a petition for certiorari
Courts may modify the amount of exemplary from the VA’s judgment to the CA under Rule 65
damages awarded to AAA in order to conform with of the same Rules was allowed, as in this case.
prevailing jurisprudence. Hence, accused appellant
is ordered to pay AAA the amount of P75,000.00 LABOR LAW
as exemplary damages. Meanwhile, the awards of First Division
P75,000.00 as civil indemnity and P75,000.00 as Separation Pay
moral damages are affirmed.
Manila Doctors College vs. Olores
CIVIL LAW 804 SCRA 482, G.R. No. 225044 October 3,
First Division 2016
Contracts
Sagun vs. ANZ Global Services and Failure of the petitioners to comply with said order,
Operations (Manila), Inc. the CA correctly declared respondent to be entitled
801 SCRA 243, G.R. No. 220399 August 22, to the payment of his accrued salaries during the
2016 period of the appeal until the reversal of the
December 8, 2010 Decision of LA Amansec.
The non-compliance of the petitioner with the
satisfactory background check will not create any CIVIL LAW
obligation on the part of the ANZ to recognize and First Division
fully accord him rights under his employment Damages
contract.
CDR. RESTITUTO C. BUENVIAJE vs.
SPOUSES JOVITO R. and LYDIA B.
LEGAL ETHICS SALONGA, JEBSON HOLDINGS
First Division CORPORATION and FERDINAND JUAT
Grave Misconduct BAÑEZ
G.R. No. 216023, October 05, 2016
Field Investigation Office of the Office of the
Ombudsman vs. Castillo Buenviaje’s was made liable to pay for moral
801 SCRA 586, G.R. No. 221848 August 30, damages and attorney’s fees to Sps. Salonga on his
2016 alleged connivance with Jebson and Bañez in
diluting the cash portion of his down payments to
the prejudice of Sps. Salonga.
 Temperate Damages

REMEDIAL LAW Evangelista vs. Andolong III

First Division 809 SCRA 271, G.R. No. 221770 November 16,
Motion for Reconsideration 2016

Sy-Vargas vs. The Estate of Rolando Ogsos,

Sr. Nanito should have received remittances
805 SCRA 438, G.R. No. 221062 October 5, representing net profits from respondents, albeit he
2016 failed to prove the exact amount he should receive
from the latter. Hence, the Court allowed the
Since March 29, 2014 fell on a Saturday, petitioner recovery of temperate damages in instances where
and Kathryn were completely justified in filing their it has been established that some pecuniary loss has
motion for reconsideration on the next working been suffered, but its amount cannot be proven
day: Monday, March 31, 2014. Accordingly, the CA with certainty.
should not have considered it filed out of time, and
instead, resolved such motion on the merits.
CRIMINAL LAW
LEGAL ETHICS Second Division
First Division Aberratio Ictus
Suspension People vs. Umawid
725 SCRA 597, G.R. No. 208719 June 9, 2014
Dumanlag vs. Intong
805 SCRA 489, A.C. No. 8638 October 10, 2016 Maureen’s death is a case of aberratio ictus, given
that the fatal blow therefor was only delivered by
For failure to file his position paper upon directive mistake as it was actually Vicente who was
of the court, the latter finds it proper to reprimand Umawid’s intended target.
him for his first infraction with warning that
commission of the same or similar infraction will REMEDIAL LAW
be dealt with more severely. Since it was also his First Division
first infraction, respondent therein was merely Burden of Proof
reprimanded by the Court, as in this case.
Tze Sun Wong vs. Wong
ADMINISTRATIVE LAW 743 SCRA 567, G.R. No. 180364 December 3,
First Division 2014
Public Utilities
For failure of the petitioner to prove his allegations
NASECORE vs. MERALCO by affirmative evidence of irregularity or failure to
805 SCRA 501, G.R. No. 191150 October 10, perform a duty, the presumption of regularity was
2016 upheld due to the absence of any clear and
convincing evidence to the contrary.
ERC’s shift from the RORB to the PBR
methodology should therefore be deemed as a REMEDIAL LAW
supervening circumstance that rendered First Division
inconsequential this Court’s provisional approval Jurisdiction
of the rate increases applied for by MERALCO in
Lualhati which was made under the context of the Reicon Realty Builders Corporation vs.
now-defunct RORB system. Diamond Dragon Realty and Management,
Inc.
750 SCRA 37, G.R. No. 204796 February 4,
CIVIL LAW 2015
First Division
If the defendant, however, enters a special CRIMINAL LAW
appearance but grounds the same on the service of First Division
the complainant’s initiatory pleading to him, then Chain of Custody Rule
that would not be considered as an objection to the
court’s jurisdiction over his person. People vs. Goco
806 SCRA 240, G.R. No. 219584 October 17,
LEGAL ETHICS 2016
First Division
Attorney-Client Relationship The lapses committed by the police officers in
accounting for the procedure in handling of the
Egger vs. Duran seized drugs, and cast serious doubt on the integrity
802 SCRA 571, A.C. No. 11323 September 14, and evidentiary value of the seized items. Hence,
2016 creating a reasonable doubt as to the guilt of
accused.
The letter signed by Reposo herself shows that she
and complainant jointly sought the services of
respondent to work on their annulment case. Thus, LABOR LAW
attorney-client relationship has already exist. First Division
Presumptions

CRIMINAL LAW Toyota Pasig, Inc. vs. De Peralta

First Division 807 SCRA 120, G.R. No. 213488 November 7,
Civil Liability 2016

People vs. Layag The failure of employers to submit the necessary

806 SCRA 190, G.R. No. 214875 October 17, documents that are in their possession gives rise to
2016 the presumption that the presentation thereof is
prejudicial to its cause.
Layag’s civil liability in connection with his acts
against the victim, AAA, may be based on sources
other than delicts; in which case, AAA may file a LABOR LAW
separate civil action against the estate of Layag, as First Division
may be warranted by law and procedural rules. Willful Disobedience

Sta. Isabel vs. Perla Compañia de Seguros,

CIVIL LAW Inc.
First Division 807 SCRA 162, G.R. No. 219430 November 7,
Estoppel 2016

Magsano vs. Pangasinan Savings and Loan The refusal of Sta. Isabel to appear before Perla’s
Bank, Inc. Head Office despite due notice and warnings
806 SCRA 197, G.R. No. 215038 October 17, constitutes insubordination. Thus, a valid ground
2016 for dismissal.

The sale made by Susana of the entire co-owned LABOR LAW

property binds her undivided interest in the subject First Division
conjugal property based on the principle of Project Employees
estoppel. Hence, through estoppel an admission or
representation is rendered conclusive upon the Quebral vs. Angbus Construction, Inc.
person making it, and cannot be denied or 807 SCRA 176, G.R. No. 221897 November 7,
disproved as against the person relying thereon. 2016
A project-based employee is assigned to a project First Division
which begins and ends at determined or Attorneys
determinable times. The services of employees who
are hired as such may be lawfully terminated at the Belo-Henares vs. Guevarra
completion of the project. 811 SCRA 392, A.C. No. 11394 December 1,
2016

LABOR LAW Lawyers may be disciplined even for any conduct

First Division committed in their private capacity, as long as their
Termination misconduct reflects their want of probity or good
demeanor, a good character being an essential
BUENAFLOR CAR SERVICES, INC. vs. qualification for the admission to the practice of
CEZAR DURUMPILI DAVID, JR. law and for continuance of such privilege.
GR No. 222730, November 07, 2016
REMEDIAL LAW
First Division
Respondent’s termination was grounded on his Petition for Review on Certiorari
violation of petitioner’s Code of conduct and
behavior which was held to be tantamount to Ayson vs. Fil-Estate Properties, Inc.
serious misconduct and willful breach of trust. 811 SCRA 520, G.R. No. 223254, G.R. No.
Hence, the dismissal was legal. 223269 December 1, 2016

REMEDIAL LAW The findings of Fil-Estate and Fairways’ bad faith,

First Division as well as their liability for moral damages,
Docket Fees exemplary damages, and attorney’s fees, are all
factual matters which are not within the ambit of
Camaso vs. TSM Shipping (Phils.), Inc. the instant petition for review on certiorari under
807 SCRA 204, G.R. No. 223290 November 7, Rule 45 of the Rules of Court.
2016
REMEDIAL LAW
The failure to pay the required docket fees per se En Banc
should not necessarily lead to the dismissal of a
case. Provided that, the fees are paid within a Cambe vs. Office of the Ombudsman
reasonable period; and there was no intention on 812 SCRA 537, G.R. Nos. 212014-15, G.R. Nos.
the part of the claimant to defraud the government. 212427-28 December 6, 2016

LEGAL ETHICS Probable cause can be established with hearsay

First Division evidence, such as the testimonies of the
Attorneys whistleblowers, as long as there is substantial basis
for crediting the hearsay.
Curammeng vs. People
808 SCRA 613, G.R. No. 219510 November 14,
2016 AGRARIAN LAW
En Banc
The mistakes of counsel binds the client, may not Just Composition
be strictly followed where observance of it would
result in the outright deprivation of the client’s Heirs of Pablo Feliciano, Jr. vs. Land Bank of
liberty or property, or where the interest of justice the Philippines
so requires. 814 SCRA 289, G.R. No. 215290 January 11,
2017

LEGAL ETHICS
The acquisition process under PD 27 is still Use of Unlicensed Firearm
incomplete where the just compensation due the
landowner has yet to be settled. Hence, just Ramos vs. People
compensation should be determined and the G.R. No. 218466, January 23, 2017
process be concluded under Republic Act (RA) No.
6657. The use of an unlicensed firearm in the commission
of a crime must still be proven before it can be
LABOR LAW appreciated as an aggravating circumstance.
First Division
POEA-Standard Employment Contract
ADMINISTRATIVE LAW
Jebsens Maritime, Inc. vs. Rapiz First Division
814 SCRA 303, G.R. No. 218871 January 11, Administrative Due Process
2017
Nestlé Philippines, Inc. vs. Puedan, Jr.
The provisions of the stipulations of a contract 816 SCRA 243, G.R. No. 220617 January 30,
under POEA-SEC shall determine the amount of 2017
disability benefits a claimant shall be entitled to.
CIVIL LAW As the Information alleged that accused-appellants
First Division used an unlicensed firearm in killing Rolando, the
Reconstitution of Titles prosecution was duty-bound to prove this
allegation. Having failed in this respect, the Court
Republic vs. Susi cannot simply appreciate the use of an unlicensed
814 SCRA 397, G.R. No. 213209 January 16, firearm as an aggravating circumstance.
2017
MERCANTILE LAW
The purpose of the reconstitution is to enable, after First Division
observing the procedures prescribed by law, the Complete and Delivered Instruments
reproduction of the lost or destroyed Torrens
certificate in the same form and in exactly the same Ubas, Sr. vs. Chan
way it was at the time of the loss or destruction. 816 SCRA 659, G.R. No. 215910 February 6,
2017

REMEDIAL LAW The Negotiable Instruments Law (NIL) provides

First Division that when an instrument is no longer in the
Evidence possession of the person who signed it and it is
complete in its terms, “a valid and intentional
Republic vs. Galeno delivery by him is presumed until the contrary is
815 SCRA 191, G.R. No. 215009 January 23, proved.” Thus, the Respondent’s defense that the
2017 subject checks were lost and, thus, were not actually
issued to petitioner which has already passed upon
The contents of the certifications are hearsay the RTC shall not hold water.
because respondent’s sole witness and attorney-in-
fact, Lea Galeno Barraca, was incompetent to ADMINISTRATIVE LAW
testify on the veracity of their contents, as she did En Banc
not prepare any of the certifications nor was she a Substantial Evidence
public officer of the concerned government
agencies. Re: Complaint of Aero Engr. Darwin A. Reci
Against Court Administrator Jose Midas P.
Marquez and Deputy Court Administrator
CRIMINAL LAW Thelma C. Bahia Relative to Criminal Case
First Division No. 05-236956
817 SCRA 14, A.M. No. 17-01-04-SC February
7, 2017 CIVIL LAW
First Division
CA Marquez and DCA Bahia are presumed to have Solutio Indebiti
regularly performed their duties. Until otherwise
proven by substantial evidence to the contrary. Bank of the Philippine Islands vs. Mendoza
821 SCRA 41, G.R. No. 198799 March 20, 2017
CIVIL LAW
First Division Bank of the Philippine Islands’ (BPI’s) payment of
Psychological Incapacity the proceeds of the subject check was due to a
mistaken notion that such check was cleared, when
Del Rosario vs. Del Rosario in fact, it was dishonored due to an alteration in the
818 SCRA 83, G.R. No. 222541 February 15, amount indicated therein. Such payment on the
2017 part of BPI to respondents was clearly made by
mistake, giving rise to the quasi-contractual
obligation of solutio indebiti under Article 2154 in
Based on the totality of the evidence presented, relation to Article 2163 of the Civil Code.
there exists insufficient factual or legal basis to
conclude that Jose’s immaturity, irresponsibility, or LEGAL ETHICS
infidelity amount to psychological incapacity. First Division
Attorney’s Fees

ADMINISTRATIVE LAW Dinglasan-Delos Santos vs. Abejon

En Banc 821 SCRA 132, G.R. No. 215820 March 20, 2017
Sexual Harassment
The award attorney’s fees demands factual, legal,
Arabani, Jr. vs. Arabani, 818 SCRA 245 and equitable justification. In this case, the Court
A.M. No. SCC-10-14-P, A.M. No. SCC-10-15-P, finds no justification for the award of attorney’s
A.M. No. SCC-11-17 February 21, 2017 fees to either party. Accordingly, any award for
attorney’s fees made by the courts a quo must be
Judge Arabani’s act of making a drawing a vagina deleted.
and a penis, and thereafter showing it to an
employee of the court constitutes sexual CIVIL LAW
harassment. First Division
Reconstitution of Titles
ELECTION LAW
En Banc Sebastian vs. Cruz
Canvassing of Votes 821 scra 150, G.R. No. 220940 March 20, 2017

Commission on Elections vs. Mamalinta A reconstitution of title cannot be granted to Sps.

820 SCRA 286, G.R. No. 226622 March 14, Cruz because the said title was not actually lost or
2017 destroyed, but is in fact in the possession of another
person.
The CA failed to determine Mamalinta’s
administrative liability on the third act she was
accused of committing such as the premature LABOR LAW
proclamation of Sinsuat as the winning candidate First Division
on the basis of an incomplete canvass of election Mandatory Contribution
returns.
Navarra vs. People
821 SCRA 179, G.R. No. 224943 March 20, 2017
FENICS’s President and Chairman of the Board of Plaintiff therein seeks to quiet title over lands of
Directors at that time, is charged for violation of public domain – a subject matter to which the RTC
Section 22(a), in relation to Section 28(h) and (f), of has no jurisdiction over. Hence, the only power it
RA 8282 for FENICS’s failure and/or refusal to has is to dismiss the action.
remit its employees’ SSS contributions to the SSS
during the period from July 1997 to June 2000. MERCANTILE LAW
First Division
CRIMINAL LAW Corporate Rehabilitation
First Division
Death of the Accused Bureau of Internal Revenue vs. Lepanto
Ceramics, Inc.
People vs. Toukyo 824 SCRA 125, G.R. No. 224764 April 24, 2017
821 SCRA 190, G.R. No. 225593 March 20, 2017
It was improper for Misajon, et al. to collect, or even
Upon Toukyo’s death pending appeal of his attempt to collect, deficiency taxes from LCI
conviction, the criminal action is extinguished outside of the rehabilitation proceedings
inasmuch as there is no longer a defendant to stand concerning the latter, and in the process, willfully
as the accused. disregard the Commencement Order lawfully
issued by the Rehabilitation Court.
CRIMINAL LAW
First Division
Anti0Grtaft and Corrupt Practices Act

Fuentes vs. People

822 SCRA 509, G.R. No. 186421 April 17, 2017
LEGAL ETHICS
Fuentes’ acts of refusing to issue a Business Permit First Division
in Valenzuela’s favor, effectively barred Triple A Penalties
from engaging in its ship chandling operations
without such Business Permit, caused some sort of Yap-Paras vs. Paras
undue injury on the part of Valenzuela. 820 SCRA 116, A.C. No. 5333 March 13, 2017

Atty. Paras cannot resume to practice law without

ELECTION LAW the order of the court lifting the suspension order
En Banc against him.
Certificate of Candidacy
CRIMINAL LAW
Dimapilis vs. Commission on Elections First Division
823 SCRA 451, G.R. No. 227158 April 18, 2017 Chain of Custody Rule

Since Dimapilis was held guilty for grave People vs. Macapundag
misconduct with an accesroy of perpetual 820 SCRA 204, G.R. No. 225965 March 13,
disqualification, his certificate of candidacy shall be 2017
deemed void ab inito.
The plurality of the breaches of procedure
REMEDIAL LAW committed by the police officers, unacknowledged
First Division and unexplained by the State, militate against a
Jurisdiction finding of guilt beyond reasonable doubt against
the accused, as the integrity and evidentiary value
Bilag vs. Ay-Ay of the corpus delicti had been compromised.
824 SCRA 78, G.R. No. 189950 April 24, 2017
REMEDIAL LAW
First Division judicial claim was only filed on September 10, 2003.
Docket fees Therefore, Metrobank’s claim for refund had
clearly prescribed.
Dee vs. Harvest All Investment Limited
820 scra 585, G.R. No. 224834, G.R. No. MERCANTILE LAW
224871 March 15, 2017 First Division
Merger of Corporations
Harvest All was correct in basing the docket fees
on the 1 Billion SRO since the complaint does not Sumifru (Philippines) Corporation vs. Baya
involve the recovery of sum of money. 822 SCRA 564, G.R. No. 188269 April 17, 2017

ADMINISTRATIVE LAW One of the effects of a merger is that the surviving

First Division company shall inherit not only the assets, but also
Absence without Official Leave the liabilities of the corporation it merged with.
Therefore, Sumifru’s contention that it should only
Re: Dropping from the Rolls of Rowie A. be held liable for the period when Baya stayed with
Quimno, Utility Worker I, Municipal Circuit DFC as it only merged with the latter and not with
Trial Court of Ipil-Tungawan- Roseller T. AMSFC is untenable.
Lim, Ipil, Zamboanga Sibugay
822 SCRA 476, A.M. No. 17-03-33-MCTC April ADMINISTRATIVE LAW
17, 2017 First Division
Simple Negligence
Quimno should be separated from service or
dropped from the rolls in view of his continued Daplas vs. Department of Finance
absence without leave. 823 SCRA 44, G.R. No. 221153 April 17, 2017

REMEDIAL LAW Daplas was held guilty of Simple Negligence in

First Division omitting to include a property in her SALN under
Mandamus the presumption that such property was a part of
their conjugal property which does not have any
City of Davao vs. Olanolan relation with her employment.
822 SCRA 481, G.R. No. 181149 April 17, 2017
ADMINISTRATIVE LAW
Olanolan had no right to the office of Punong First Division
Barangay at the time he filed his mandamus Simpke Neglect of Duty
petition, during which the status quo ante order
(SQAO) had already been recalled, he had no valid Olympia-Geronilla vs. Montemayor, Jr.
legal interest to the reliefs prayed for. 825 SCRA 315, A.M. No. P-17-3676 June 5,
TAXATION LAW 2017
First Division
Prescriptive Period The Court imposes on Atty. Centron the penalty,
for simple negligence, of fine in the amount of
Metropolitan Bank & Trust Company P10,000.00, with a stern warning that a repetition
vs.Commissioner of Internal Revenue of the same or any similar act shall be dealt with
822 SCRA 496, G.R. No. 182582 April 17, 2017 more severely.

Metrobank’s final withholding tax liability in March TAXATION LAW

2001 was remitted to the BIR on April 25, 2001. As First Division
such, it only had until April 25, 2003 to file its Tax Refund
administrative and judicial claims for refund.
However, while Metrobank’s administrative claim Mitsubishi Corporation-Manila Branch vs.
was filed on December 27, 2002, its corresponding Commissioner of Internal Revenue
 825 SCRA 332, G.R. No. 175772 June 5, 2017 respondent which should be derived from direct
knowledge. Hence, the respondents are not obliged
Petitioner paid the subject taxes in the aggregate to prove their exception or defense.
amount of P52,612,812.00, which it was not
required to pay, the Bureau of Internal Revenue ADMINISTRATIVE LAW
(BIR) erroneously collected such amount. En Banc
Accordingly, petitioner is entitled to its refund. Court Personnel

CRIMINAL LAW Judaya vs. Balbona

First Division 826 SCRA 81, A.M. No. P-06-2279 June 6, 2017
Civil Liability Arising from Crime
Balbona’s act of soliciting and receiving money
People vs. Culas from litigants for personal gain constitute Grave
825 SCRA 552, G.R. No. 211166 June 5, 2017 Misconduct, for which the court employee guilty
thereof should be held administratively liable.
Upon accused-appellant’s death pending appeal of
his conviction, the criminal action is extinguished ADMINISTRATIVE LAW
inasmuch as there is no longer a defendant to stand First Division
as the accused; the civil action instituted therein for Judges
the recovery of the civil liability ex delicto is ipso
facto extinguished, grounded as it is on the criminal Rizalado vs. Bollozos
action. 827 SCRA 205, OCA I.P.I. No. 11-3800-RTJ,
OCA I.P.I. No. 12-3867-RTJ, OCA I.P.I. No.
REMEDIAL LAW 12-3897-RTJ, OCA I.P.I. No. 13-4070-RTJ
First Division June 19, 2017
Dismissal of Action
Before filing of an administrative complaint, the
Edron Construction Corporation vs. petitioner must first resort to and exhaustion of
Provincial Government of Surigao Del Sur these judicial remedies, as well as the entry of
826 SCRA 47, G.R. No. 220211 June 5, 2017 judgment in the corresponding action or
proceeding, are prerequisites for the taking of other
The failure of the respondents to implead or raise a measures against the persons of the judges
defense in either in his motion to dismiss or answer concerned, whether of civil, administrative, or
is deemed waived, and the respondents cannot rely criminal nature.
on upon it due to estoppel.
REMEDIAL LAW
ADMINISTRATIVE LAW First Division
En Banc Petition for Review on Certiorari
Substantial Evidence
Estate of Honorio Poblador, Jr. vs. Manzano
RE: LETTER OF LUCENA 827 SCRA 253, G.R. No. 192391 June 19, 2017
OFENDOREYES ALLEGING ILLICIT
ACTIVITIES OF A CERTAIN ATTY. Poblador’s petition for review must fail on the
CAJAYON INVOLVING CASES IN THE account of his failure to prove even by
COURT OF APPEALS, CAGAYAN DE ORO preponderance of evidence the existence of any act
CITY. or omission of Manzano that would support its
826 SCRA 74, A.M. No. 16-12-03-CA, I.P.I. claim of civil liability ex delicto.
No. 17-248-CA-J June 6, 2017

In administrative cases disciplining for grave CRIMINAL LAW

offense court employees or magistrates. Petitioners First Division
must submit competent evidence against the Denials
 Attorneys
People vs. Monroyo
828 SCRA 416, G.R. No. 223708 June 28, 2017 Festin vs. Zubiri
A.C. No. 11600, June 19, 2017
Monroyo only proffered the defense of denial
which was found to be too shallow and Atty. Zubiri’s disregard of the procedural rules,
insignificant so as to impel BBB to falsely charge misusage of rules to causes injustice, and failure to
her uncle and publicly disclose that she was raped. exhibit fairness towards is professional colleagues
undoubtedly violated his professional obligations
under CPR.
REMEDIAL LAW
First Division ADMINISTRATIVE LAW
Remand of Cases First Division
Simple Neglect of Duties
Cariaga vs. Sapigao
436, G.R. No. 223844 June 28, 2017 Baguio vs. Lacuna
The court may dispense with the time-consuming 827 SCRA 195, A.M. No. P-17-3709 June 19,
procedure of remand in order to prevent further 2017
delays in the disposition of the case and to better
serve the ends of justice. Thus, Cariaga’s petition The court cannot impose the actual penalties in the
on the merits insofar as the crimes of false presence of mitigating facts, such as, length of
Certification and Slander by Deed are concerned. service in the judiciary, the acknowledgment of
infractions and feelings of remorse, and family
CIVIL LAW circumstances, among others.
First Division
Register of Deeds LEGAL ETHICS
First Division
Geñorga vs. Heirs of Julian Meliton Penalties
828 SCRA 673, G.R. No. 224515 July 3, 2017
Montecillo vs. Gatchalian
In the absence of a verified and approved 828 SCRA 222, A.C. No. 8371 June 28, 2017
subdivision plan and technical description duly
submitted for registration on TCT No. 8027, it The court may suspend the lawyer from the
must return the same to the presenter, in this case, practice of law for neglecting their clients’ affairs by
petitioner who, as aforesaid, failed to establish a failing to attend hearings and/or failing to update
better right to the possession of the said owner’s clients about court decisions.
duplicate title as against respondents.
CIVIL LAW
CRIMINAL LAW First Division
First Division Interest Rates
Death of the Accused Pending Appeal
Zaragoza vs. Iloilo Santos Truckers, Inc.
People vs. Jao 828 SCRA 452, G.R. No. 224022 June 28, 2017
157, G.R. No. 225634 June 7, 2017
Considering that all the requisites of a suit for
Upon Catigtig’s death pending appeal of his unlawful detainer have been complied with,
conviction his criminal liability is extinguished petitioner is justified in ejecting respondent from
inasmuch as there is no longer a defendant to stand the subject land. Thus, the rental arrearages due to
as the accused. petitioner shall earn legal interest of twelve percent
(12%) per annum, computed from first demand on
LEGAL ETHICS May 24, 2011 to June 30, 2013, and six percent (6%)
First Division per annum from July 1, 2013 until fully paid.
REMEDIAL LAW
First Division People vs. Ladra
Findings of Facts 831 SCRA 252, G.R. No. 221443 July 17, 2017

Belmonte vs. People Rape can be committed even in places where

828 SCRA 463, G.R. No. 224143 June 28, 2017 people congregate, in parks, along the roadside,
within school premises, inside a house where there
Findings of the trial court which are factual in are other occupants, and even in the same room
nature and involve the credibility of witnesses, are where other members of the family are also
accorded respect when no glaring errors, gross sleeping. Hence, the presence of AAA’s brother in
misapprehension of facts or speculative, arbitrary the room does not negate the commission of the
and unsupported conclusions are made from such crime.
findings. CRIMINAL LAW
Special Third Division
Civil Liability
ADMINISTRATIVE LAW
First Division People vs. Dimaala
Penalties 831 SCRA 270, G.R. No. 225054 July 17, 2017

Office of the Deputy Ombudsman for Luzon Accused-appellant’s civil liability based on sources
vs. Dionisio other than the subject delict survives, and the
830 SCRA 501, G.R. No. 220700 July 10, 2017 victim may file a separate civil action against the
estate of accused-appellant, as may be warranted by
Dionisio was held guilty og grave misconduct for law and procedural rules.
his failure to justify the resort in the construction
of the school canteen and in the purchase of the AGRARIAN LAW
educational equipment. En Banc
Just Compensation
REMEDIAL LAW
First Division Land Bank of the Philippines vs. Rural Bank
Injunction of Hermosa (Bataan), Inc.
832 SCRA 78, G.R. No. 181953 July 25, 2017
Cayabyab vs. Dimson
830 SCRA 520, G.R. No. 223862 July 10, 2017 When the agrarian reform process is still
incomplete, such as in this case where the just
Dimson cannot secure a writ of injunction without compensation due the landowner has yet to be
showing the possibility of irreparable damage and settled, just compensation should be determined
proof of an existing right toward such claim. and the process be concluded under Republic Act
(RA) No. 6657.
LEGAL ETHICS
First Division POLITICAL LAW
Penlties En Banc
Samonte vs. Jumamil House Of Representatives
831 SCRA 180, A.C. No. 11668 July 17, 2017 Baguilat, Jr. vs. Alvarez
832 SCRA 111 July 25, 2017
Atty. Jumamil was suspended from the practice of
law for his neglect of duties which adversely caused The Speaker of the House of Representatives shall
the interest of his client. be elected by a majority vote of its entire
membership. Said provision also states that the
CRIMINAL LAW House of Representatives may decide to have
First Division officers other than the Speaker, and that the
Rape
method and manner as to how these officers are
chosen is something within its sole control.