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Case Digest For Dec. 17

1) The Supreme Court ruled on two cases involving petitions challenging the constitutionality of joint congressional hearings investigating the "Hello Garci" scandal recordings. The Court dismissed the petitions and upheld the authority of Congress to conduct such investigations through joint committees. 2) One petition was filed by a journalist challenging the subpoena issued by the joint committees compelling him to testify. The other was filed by citizens challenging the authority of the joint committees. 3) The Supreme Court found that the joint committees were constituted validly and that Congress has broad investigative powers to look into matters of public interest, like the "Hello Garci" scandal.

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CLARISSE ILAGAN
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81 views3 pages

Case Digest For Dec. 17

1) The Supreme Court ruled on two cases involving petitions challenging the constitutionality of joint congressional hearings investigating the "Hello Garci" scandal recordings. The Court dismissed the petitions and upheld the authority of Congress to conduct such investigations through joint committees. 2) One petition was filed by a journalist challenging the subpoena issued by the joint committees compelling him to testify. The other was filed by citizens challenging the authority of the joint committees. 3) The Supreme Court found that the joint committees were constituted validly and that Congress has broad investigative powers to look into matters of public interest, like the "Hello Garci" scandal.

Uploaded by

CLARISSE ILAGAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

170633             October 17, 2007

MCC INDUSTRIAL SALES CORPORATION, petitioner,


vs.
SSANGYONG CORPORATION, respondents.

Petitioner MCC and Sanyo Seiki ordered 220MT of hot rolled stainless steel under preferential rate of
US$ 1, 860 per MT to Ssangyon Corporation. The two corporations conducted business through
telephone calls and facsimile or telecopy transmissions. After confirming the order, Ssangyong
forwarded to MCC pro forma invoice containing the terms and conditions of the transaction including
the mode of payment for the ordered steel product; An irrevocable letter of credit at sight in favor of
Ssangyong.
MCC was able to open LC for the first batch and failed in the remaining batch of order, hence, the
civil action case filed against them in RTC in Makati for damages due to breach of contract. The
Defendants MCC, Sanyo Seiki and Gregory Chan filed a Demurrer to Evidence alleging Ssangyong
failed to present the original copies of the pro forma invoices. The RTC denied the Demurrer ruling in
favor of Ssangyong.
MCC through their counsel record filed their notice of appeal. One of the issues raised by MCC and
Chan was The honorable court a quo plainly erred in admitting in evidence the pro forma invoices
with reference nos. St2 – POSTS0401-1 and ST2 – POSTS041-2
The Court of Appeal rendered its decision affirming the ruling of the trial court, but absolving Chan of
any liability. According to CA the abovementioned invoices were admissible evidence, although they
were mere facsimile printouts.
On October 4, 2005 Castillo Zamora & Poblador on behalf of MCC files a motion for reconsideration
of the said decision. They once again raised the issue of sustaining the admissibility in evidence of
the pro forma invoices.
The Supreme Court ruled that the terms "electronic data message" and "electronic document," as
defined under the Electronic Commerce Act of 2000, do not include a facsimile transmission .
Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the
functional equivalent of an original under the Best Evidence Rule and is not admissible as electronic
evidence.

WHEREFORE, PREMISES CONSIDERED, the appeal is PARTIALLY GRANTED. The Decision of


the Court of Appeals in CA-G.R. CV No. 82983 is MODIFIED in that the award of actual damages
is DELETED. However, petitioner is ORDERED to pay respondent NOMINAL DAMAGES in the
amount of P200,000.00, and the ATTORNEY'S FEES as awarded by the trial court.

SO ORDERED.

G.R. No. 203302               April 11, 2013

MAYOR EMMANUEL L. MALIKSI, Petitioner,


vs.
COMMISSION ON ELECTIONS AND HOMER T. SAQUILAVAN, Respondents.

RESOLUTION

Emmanuel L. Maliksi, a candidate who garnered second highest votes, brought an election protest in
the Regional Trial Court in Imus, Cavite alleging irregularities in the counting of votes. The RTC held
revision of the votes and based on the revisions they declared Maliksi as the duly elected mayor of
Imus Cavite. While, COMELEC First Division nullified this decision and declared Saquilayan as the
duly elected mayor, after recounting the ballots through the use of the print outs of the ballot images
from the CF cards.
Since the COMELEC First Division failed to notify the parties with their decision, Maliksi filed a motion
for reconsideration, alleging that he was deprived his right of due process for not having been
notified. He argued that the resort to the printouts of the ballot images, which were secondary
evidence, had been unwarranted because there was no proof that the integrity of the paper ballots
had not been preserved. The COMELEC En Banc resolved to deny Maliksi’s motion for
reconsideration.
One of the arguments raised by Maliksi is the honorable supreme court en banc gravely erred in
upholding the comelec first division’s ruling to dispense with the physical ballots and resort to their
digital images. The supreme court ruled that the picture images of the ballots are electronic
documents that are regarded as the equivalents of the original official ballots themselves. They cited
the case of Vinzons-Chato v. House of Representatives Electoral Tribunal, in which the Court held
that "the picture images of the ballots, as scanned and recorded by the PCOS, are likewise ‘official
ballots’ that faithfully capture in electronic form the votes cast by the voter, as defined by Section 2(3)
of R.A. No. 9369. As such, the printouts thereof are the functional equivalent of the paper ballots filled
out by the voters and, thus, may be used for purposes of revision of votes in an electoral protest."
WHEREFORE, the Court PARTIALLY GRANTS the Extremely Urgent Motion for Reconsideration of
petitioner Emmanuel Maliksi; REVERSES the Court's decision promulgated on March 12, 2013; and
DIRECTS the Commission on Elections En Bane to conduct proceedings for the decryption of the
picture images of the ballots involved in the protest after due authentication, and for the recount of
ballots by using the printouts of the ballot images, with notice to and in the presence of the parties or
their representatives in accordance with the procedure laid down by Rule 15 of COMELEC Resolution
No. 8804, as amended by Resolution No. 9164.
G.R. No. 170338             December 23, 2008

VIRGILIO O. GARCILLANO, petitioner,
vs.
THE HOUSE OF REPRESENTATIVES COMMITTEES ON PUBLIC INFORMATION, PUBLIC ORDER AND
SAFETY, NATIONAL DEFENSE AND SECURITY, INFORMATION AND COMMUNICATIONS TECHNOLOGY,
and SUFFRAGE AND ELECTORAL REFORMS, respondents.

x----------------------x

G.R. No. 179275             December 23, 2008

SANTIAGO JAVIER RANADA and OSWALDO D. AGCAOILI, petitioners,


vs.
THE SENATE OF THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE SENATE PRESIDENT THE
HONORABLE MANUEL VILLAR, respondents.

x----------------------x

MAJ. LINDSAY REX SAGGE, petitioner-in-intervention

x----------------------x

AQUILINO Q. PIMENTEL, JR., BENIGNO NOYNOY C. AQUINO, RODOLFO G. BIAZON, PANFILO M. LACSON,
LOREN B. LEGARDA, M.A. JAMBY A.S. MADRIGAL, and ANTONIO F. TRILLANES, respondents-intervenors

DECISION

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