SUPREME COURT DECISION 1. 2. Forum Shopping - Ismael V. Santos v. Court of Appeals et al.
- August ‘01 Writ of Cretiorari – National Housing Authority v. Court of Appeals – August ‘01
3. Claims for Refund – Nestle Philippines Inc. (Formerly Fillpro Inc.) v. Hon. Court of Appeals – August ‘01 4. Rescission – Spouses Mariano & Avelina Velarde v. Court of Appeals – August ‘01 5. Aggravating Circumstances – People of the Philippines v. George Cortes y Ortega – August ‘01 6. 7. Fraud/Prescription – Tiburcio Samonte v. Court of Appeals – August ‘01 Deficiency Claim – State Investment House Inc. v. Court of Appeals – August ‘01
8. Foreign Judgment – Asiavest Merchant Bankers (M) Berhad v. Court of Appeals – August ‘01 9. Delivery of Car – Union Motor Corporation v. The Court of Appeals – August ‘01
10. SEC Appeal – Kanimetsu Yamaoka v. Pescarich Manufacturing Corp. –August ‘01 11. 12. 13. Backwages – Philippine Journalist Inc., v. Michael Mosqueda –June ‘04 Contract of Adhesion – Pilipino Telephone Corp., v. Delfino Tecson –June ‘04 Period to Appeal – Florentino Zaragoza v. Pedro Nobleza – June ‘04
14. Period to File Certiorari – Siena Realty Corp., v. Hon. Lolita Gal-lang et al. –June ‘04 15. Rescission – Leonardo Chua et al. v. Mutya B. Victorio –June ‘04
16. Occupational Disease – Azucena O. Salalima v. Employees Compensation Comm. et al. – June ‘04 17. Gross Dishonesty – Alleged Tampering of the Daily Time Records (DTR) of Sherry B. Cervantes Court Stenographer III, Branch 18, Regional Trial Court Manila – June ‘04 18. Jursidiction – Pacita G. Varona v. Court of Appeals – June ‘04
19. Gross Misconduct of a Lawyer - Priscilla Z. Orbe v. Atty. Henry Adaza – June ‘04 20. Illegal Dismissal - R. Transport Corp. v. Rogelio Ejandra – June ‘04
21. Psychological Incapacity – Republic of the Phils. V. LolitA Quintero-Hamano – June ‘04 22. 23. 24. Filiation – Rosalina Eceta v. Ma. Theresa Vell Lagura Eceta – June ‘04 Writ of Possession – Sps. Samson v. Judge Rivera – June ‘04 Disbarment – Gaviola v. Salcedo – June ‘04
25. Minor acted with discernment, Failure to prove – Jose vs. People of the Philippines – Feb ‘05 26. 27. Libel – Filipinas Broadcasting Network, Inc. vs. Ago Medical –Feb ‘05 Retirement Plans – Gerlach vs. Reuters Limited, Phils. – Feb ‘05
28. Authority of MTRCB to review All Television Programs – Movie Television Review vs. ABS-CBN Broadcasting et al. – Feb ‘05 29. Whether a Municipality whose creation was previously voided attain recognition because of time– Camid vs. The Office of the President –Feb ‘05 30. “Immediately Final and Executory” Judgements of Family Courts not Subject to Appeal – Republic of the Philippines vs. Lorino – Feb ‘05 31. Probate of Wills: Attestation Clause – Testate Estate of the Alipio Abada vs. Alipio Abaja – Feb. ‘05 32. Piercing the Corporate Veil – Pamplona Plantation Company, Inc. and/or Bondoc, vs. Tinghil – March ‘05 33. Equitable Mortgage – Ramos vs. Sarao – March ‘05
34. Unutilized input VAT payments – Commissioner of Internal Revenue vs. Seagate Technology(Philippines) – March ‘05 35. Notarial Extra Judicial Foreclosure– PNB vs. Timbol – March ‘05
36. Backwages for illegal dismissal (reiterating ruling in Bustamante vs. NLRC) – Cabatulan vs. Hon. Buat – March ‘05 37. Jurisdiction of Sandiganbayan over government controlled corporation organized under the Corporation Code – People of the Philippines vs. The Hon. Sandiganbayan –March ‘05 Supreme Court Decision Continuation: 38. Jurisdiction of the (COSLAP) Commission on Settlement of Land Problems – Longino vs. Atty. Lina A. General – March ‘05 39. Reconstitution of Title – Juco vs. Heirs of Tomas Siy Chung Fu – March ‘05
40. Fraus et jus nunquam cohabitant – Republic of the Philippines vs. Agunoy, Sr. – March ‘05 41. Action for Reconveyance – Engr. Leyson vs. Bontuyan – March ‘05
42. BP 22 (notice of dishonour) – Billones vs. The People of the Philippines –April ‘05 43. Deputy Ombudsman not an Impeachable Officer – Office of the Ombudsman vs. Hon. Court of Appeals – April ‘05 44. Filing of Intra-Corporate Action not necessity a bar to filing related action – Mobilia Products, Inc. vs. Umezawa and Companion Case – April ‘05 45. Failure to give teaching load to part-time teacher does not amount of illegal dismissal – Saint Mary’s University vs. Court of Appeals – April ‘05
46. Liability of principals in service contracts under Section 6 of RA 6727 limited only to the increment in the minimum wage –NFA vs. Masada Security Agency, Inc. – April ‘05 47. Aquino/Galman Case: Concept of Newly discovered evidence –Brig. Gen. Custodio vs. Sandiganbayan – April ‘05 48. Basis of quorum for a stockholders’ meeting, capital stock as indicated in the articles of incorporation or that contained in the company’s stock and transfer books? – Lanuza vs. Court of Appeals – April ‘05 49. In technical malversation, unlawful intent essential – Abdulla vs. People of the Philippines – May ‘05 50. Prejudicial question in situation involving a civil action and an administrative action – Abacan, Jr. vs. Northwestern University, Inc. – May ‘05 51. Validity of City Ordinance – City of Manila, Hon. Lim as the Mayor of City of Manila vs. Hon. Laguio, Jr., as Presiding Judge, RTC, Manila and Malate Tourist Development Corporation – May ‘05 52. Legal Ethics: Rule 6.03 of the CPR – PCGG vs. Sandiganbayan (Fifth Division) – May ‘05 53. Powers of the MMDA – MMDA vs. Garin –May‘05
54. Excess Income Tax not applied to taxes die following year refundable on the subsequent year – Calamba Steel Center, Inc.(formerly JS Steel Corporation) vs. Commissioner of Internal Revenue – May ‘05
Supreme Court Decision Continuation: 55. Retrenchment – Blucor Minerals Corporation vs. Amarilla –June ‘05
56. IBP Dues – Letter of Atty. Arevalo Jr., Requesting Exemption from Payment of IBP Dues – June ‘05 57. Oral Contract of Lease – Dula vs. Dr. Maravilla – June ‘05
58. Procedural Law: Verification & Certification– Ateneo de Naga University vs. Manalo – June ‘05 59. Remedial Law: Residual Jurisdiction/Period to file Motion for New Trial– Atty. Fernandez vs. Hon. Court of Appeals – June ‘05
60. Constructive Trust: Land Registration – Aznar Brothers Realty Company vs. Aying – June ‘05 61. Insurance Liability for earthquake damage –Gulf Resort Inc., vs. Philippine Charter Insurance Corporation – June ‘05 62. Service Incentive Leaves – Auto Bus Transport Systems, Inc. vs. Bautista – June ‘05 63. Rescission of Contract –Sps. Felipe and Leticia Cannu vs. Sps. Gil and Fernandina Galang – June ‘05 64. Teleconferencing/ Authority of Resident Agent to sign non forum certificate – Expertravel & Tours, Inc. vs. Court of Appeals – June ‘05 65. Copyright Infringement – NBI – Microsoft Corp., vs. Hwang –July ‘05
66. Interest as actual and compensatory damages – The President of the Philippine Deposit Insurance Corp. as Liquidator of Pacific Banking Corp., vs. Hon. Reyes, Pairing Judge, RTC Manila, Branch 31 – July ‘05 67. Extraterritorial Protection of Labor Law –Philippine National Bank vs. Cabansag – July ‘05 68. Service of Summons on Corporation under Man Com. – Tyson’s Super Concrete, Inc., vs. Court of Appeals – July ‘05 69. Forum Shopping – Sherwill Development Corporation vs. Sitio Sto. Niño Residents Association, Inc. – July ‘05
Supreme Court Decision Continuation: 70. Search Warrant: Involvement of Private Parties – United Laboratories, Inc., vs. Isip –July ‘05 71. Pre-Proclamation Controversies – Ms. Lucman vs. Commission on Elections – July ‘05 72. Injunctive Relief – The Phil. Ports Authority vs. Cipres Stevedoring –Aug ‘05
73. City of Makati Business Tax – Mobil Philippines Inc. vs. The City Treasurer of Makati – Aug ‘05 74. Local Franchise Tax – PLDT Company, Inc., vs. City of Bacolod – Aug ‘05
Cross Border Doctrine/Fiction of the ECOZONE as a foreign territory – Commissioner of Internal Revenue vs. vs. Lands Classified as Mineral exempt from Agrarian Reform – Aninao vs. Labor Law: Closure or cessation of an undertaking– Alabang Country Club Inc. Jr. Sandiganbayan – Aug ‘05 79. Inc. Inc. vs.. Joaquin – Aug ‘05 82.. Requirement of “Offense Committed is in relation to the Office” – Adaza vs. Insurance Business – White Gold Marine Services. vs. and Edgalani vs. Tan.). Jr. – Aug ‘05 80. Inc. Aviar – Aug ‘05 76.. vs. – Sept ‘05
. Proper procedure in questioning a filed information – Balatazar vs. Toshiba Information Equipment (Phils. Inc. National Labor Relation Commission – Sept ‘05 88. Blanket Mortgage Clause or Dragnet Clause – Prudential Bank vs. The Hon. vs. Sept ‘05 87. Pantig – Sept ‘05 86. Inc. Aviar and Georgia B. vs. Co.75. Joinder of Indispensible Parties – Lotte Phil. Notice Resetting Pre-Trial – Advance Textile Mills. Supervening Event – Silverio Jr. Dela Cruz – Aug ‘05
83. doing business under the name WCT Manufacturing – Aug ‘05 77. Asturias Chemical Industries. Inc. Landrito. Labor Law: Regularization attaches immediately after end of one year period– Kay Products.. Pioneer Insurance – Aug ‘05 78. Inc. Chuatoco-Ching – Sept ‘05 84. Redemption period and right of redemption – Sps. Don A.. Hon. Filipino Business Consultants. and/or Kay Lee vs.. Court of Appeals – Aug ‘05 81. Court of Appeals – Sept ‘05
Supreme Court Decision Continuation: 85. Intestate or Probate Court does not have jurisdiction to determine questions of ownership-after inventory is already approved –Pacioles. Formal Substitution of deceased litigant not necessary if heirs voluntarily appear in case – Spouses Julita and Felipe dela Cruz vs..
89. – Oct ‘05 101. Statement of Facts/Elements of – Ongson vs. vs. Manalo – Sept ‘05 94. vs. vs. Desierto – Sept ‘05 96.. Sufficient to compel redemption – Biana vs. Suits by developers of subdivision for unpaid amortization cognizable by HLURB – Francel Realty Corporation vs. Filiation & Status of Children: Presumption of Legitimacy –Concepcion vs. Court of Appeals – Oct ‘05 102. Inc. Gimenez – Oct ‘05 100. Hon. tender of a check. Exclusion of Counsel from Criminal Complaints – Republic of the Philippines vs. Anticipating Breach/Failure to State a Cause of Action – Danfoss. Private Complaining party has no right to appeal decision of disciplining authority – The National Appellate Board (NAB) of the National Police Commission (NAPOLCOM) vs. House of Representatives Electoral Tribunal – Oct ‘05 103. Hon. Pleadings must Specify amount of damages in both body and prayer – Siapno vs. Talip representing the Heirs of Jayag – Oct ‘05 98.Civil Service Commission vs. Court of Appeals – Sept ‘05 95. “Fresh Period Rule” of 15 days within which to file Notice of Appeal –Neypes vs. Mamauag – Sept ‘05 90. Aleli “Corazon” Angeles Maglaya –Oct ‘05 97. Continental Cement Corp. Maala –– Sept ‘05 93. Villamor – Sept ‘05 92. Dealings thru a “fixer” negate good faith . The Court of Appeals – Oct ‘05
. Void Judgements – Roces vs. Evidence: Birth Certificate not signed by either parent not proof of legitimate filiation– Belen Sagad Angeles vs. reiteration of ruling in Dai-Chi Electronics Manufacturing as Villarama (Labor Law) – Yusen Air and Sea Service Philippines. Article 1191 of the Civil Code: Power to Rescind Obligations –Casiño Jr. When Market Value will determine jurisdiction over reconveyance – Barangay Piapi vs. Sycip – Oct ‘05 Supreme Court Decision Continuation: 99. People of the Philippines – Sept ‘05 91. BP 22. Inc. P/Insp.
. Constatino. Sarangaya III – Nov ‘05 118. Clinton Apparelle. The Quezon City Government – Nov ‘05 111. Phils. vs.104. vs. Ty – Oct ‘05 109.. Public Bidding – Public Estate Authority vs. Declaratory Relief should be filed before a breach/Prescription of Mortgage – Tambunting. Inc. Sumabat – Oct ‘05 105. Magallanes Village Association – Nov ‘05 113. BA Lepanto Condominium Corporation – Nov ‘05
. Tax Law: Real Estate Tax based on amount in deed conveyance. P. Macalde – Oct ‘05 106. – Oct ‘05 108.. Tort: Res ipsa loquitur –Perla Compania de Seguros. Inc. Authority to Contract Foreign Loans – Sps. Third-Party Complaint for Cancellation of title deemed a direct attack – Sps.. Inc. Court of Appeals – Nov ‘05
Supreme Court Decision Continuation: 114. Roberto and Natividad Valderama vs.D. Sps. Corporate Law: Residence of a Corporation – Hyatt Elevators and Escalators Corporation vs.. Inc.. Hon. Ramon and Rosita Tan vs. The Hon. Proper mode of appeal for orders of the RTC in Local Tax Cases –Yamane vs. invalid – Allied Banking Corporation vs. vs. vs. – Nov ‘05 117. vs. Land Titles: Notice of delinquency sale – Sps. “Contract to Sell” – Sacobia Hills Development Corp. Right of First Refusal – Sps. Bantegui – Nov ‘05 115. Martial Law perse is not a consent-vitiating phenomenon – Philippine Free Press. vs. Jr. Powers of Home Insurance Guarantee Corporation – Metro Properties. Bolinao Security –Nov ‘05 110. Asset Privatization – Nov ‘05 116. Sps. Goldstar Elevators. Amancio and Luisa Sarmiento vs. Trademarks – Levi Strauss & Co. Jr. vs. Court of Appeals – Oct ‘05 107. Mortgagee-Creditor does not assume liabilities of mortgagor towards its employees – Barayoga vs. Cuisia – Nov ‘05 112. 1517.. Inc.
126. Social Security System and Social Security Commission – Dec ‘05 Interpretation of Contracts –Manila International Airport Authority vs. Construction Industry Arbitration Commission and Companion Case – Dec ‘05 124. Moral damages – Manuel vs. Roblett Industrial Construction Corporation – Dec ‘05 122. Inc. Inc. Ramos and Valdez vs. Panganiban – Dec ‘05 Authority to Sign Certificate of Non Forum Shopping – China Banking Corporation vs. Hon. Hon.119. Dulay vs. Duties of Bank – Prudential Bank vs.
Supreme Court Decision Continuation: 129.. Hon. Construction Arbitration – R-II Builders.
131. Tax Law: 2 year prescriptive period under Sec. Rodrigo S. Sabino – Jan ‘06
130. Justifiable delays do not infringe right to Speedy trial – Domondon vs.
127. First Division –Dec ‘05 Proviso “as of the date of his retirement” in Section 12-B(d) of Social Security Law is unconstitutional – Dycaico vs. Surely Agreements – Trade & Investment Development Corporation of the Philippines (Formerly Philippine Export & Foreign Loan Guarantee Corporation) vs. The Hon. – Dec ‘05 Resolution for expropriation by LGU cannot suspend writ of execution – Antonio vs. Mondragon International Philippines. Foreign Depositions – Pfeger R. vs. Libel: Requirement of “printed and first published” merely formal –Banal III vs. Geronimo – Dec ‘05 Evidence: Application for Insurance & Insurance Policy are admissible evidence – Yu vs. Court of Appeals – Dec ‘05 Bigamy. People of Philippines – Dec ‘05
125. Hon. Court of Appeals – Jan ‘06 Remedial Law: Use of Deposition – Sales vs.
128. Lim –Dec ‘05 121. 230(now Sec. Gingoyon –Jan ‘06 Compromise Agreement – Sps. Dulay – Dec ‘05 123. 229) of the NIRC – Commissioner of Internal Revenue vs. Philippine National Bank – Nov ‘05 120. Hon.
Taxation: Demand Letter for tax deficiency assessments signed by authorized subordinate officer. Thoenen – Jan ‘06 Sales. 138. vs. National Labor Relations Commission – Feb ‘06 Sale of Pledged Property – Sps.. 136.Feb ‘06 Legal Ethics: disbarment – Soriano vs. vs. 146.. The Hon. 150. is deemed final – Oceanic Wireless Network. . Heirs of Homer L. vs.. 148. vs.
147. Hon. Paray and Espeleta vs. vs. 140.134. The City of Pasig – Feb ‘06 Supreme Court Decision Continuation:
144. Inc. Atty. 143. Court of Appeals and Companion Case – Jan ‘06 III gotten wealth – Yuchengco and Y Realty Corporation and Company Case vs. The Hon. Journalists. City of Kidapawan – Jan ‘06 Land Titles: irregularly issued title can be cancelled administrative by LRA – Manotok VI vs. Danilo and Alberta Domingo vs. Inc. The Hon.
139. Reed – Jan ‘06 Declaration of Presumptive Death – Republic of the Philippines vs. Commissioner of Internal Revenue – Jan ‘06 Buyers not in Good Faith – Sps. Metro Rail Transit Development – Feb ‘06 PIATCO Case – Republic of the Philippines vs. 141. Barque represented by Teresita Barque Hernandez – Jan ‘06 Defamation and Freedom of the Press – Phil.. Emeterio Adlawan – Feb ‘06 Expropriation: Genuine necessity for public use –Masikip vs. Rodriguez – Feb ‘06 Transportation Law: Voyage Charter – Loadstar shipping Co. Sandiganbayan –Feb ‘06 Civil Law: Co-ownership – Arnelito Adlawan vs. Dra. 137. Dizon – Feb ‘06 Jurisdiction of CIAC –Gammon Philippines. Inc. Court of Appeals – Jan ‘06 Taxation: Government Agencies have no power to grant tax exemptions – Republic of the Philippines vs.
142. Jr. Pioneer Asia Insurance Corp.
149. Energy Regulatory Commission (ERC) – Mar ‘06
Schools Sexual Harassment rules must be published – Gatbonton vs. Gingoyon –Mar ‘06 Requirement of public hearing applies to both independent rate applications and adjustment mechanisms – National Association of Electricity Consumers for Reforms (NASECORE) vs. Builders in Good Faith/Bad Faith – Carrascoso.
People of the Philippines – Apr ‘06 Election Law: Computation for additional Party List seats – Partido Manggagawa (PM) vs. liable for Estafa under Art 315 of RPC – Ramos-Andan vs. National Power Corporation – Apr ‘06
159. Ley Construction and Development Corp. People of the Philippines – Mar ‘06 Violation of PD 115 – Trust Receipts – Ching vs.
155. Loanzon – Mar ‘06 Attempted Rape reduced to unjust vexation – Baleros Jr. Manalo – Mar ‘06 CSE and CES eligibility – House of Representative vs. Reyes – Apr ‘06 Remedial Law: Res Judicata Bar by prior judgement Conclusiveness of Judgement – Republic of the Philippines (Civil Aeronautics Administration) vs. People of the Philippines – Mar ‘06 Prohibition on importation of used cars in Freeport void. Executive Secretary vs.. – Hon.
162.Apr ‘06 Family Law: Congenital Lying is ground for nullity of marriage – Antonio vs. People of the Philippines – Mar ‘06 Evidence: Similar Acts – Boston Bank of the Philippines.
165. The Hon. (formerly Bank of Commerce) vs. . Commission on Election (COMELEC) – Apr ‘06 Remedial Law: Jurisdiction of ERB to issue reconnection orders –MERALCO vs.
153. Jacoba – Apr ‘06 Remedial Law: Taking of Deposition should be respected anent any evidence that a party prejudiced thereby – Hyatt Industrial Manufacturing Corp. Atty.
Legal Ethics: use of disrespectful language in Pleadings –Judge Lacurom vs.151.
. The Secretary of Justice – Mar ‘06
157. Southwing Heavy Industries and Companion Case – Mar ‘06 Supreme Court Decision Continuation:
154. Energy Regulatory Board (ERB) – Apr ‘06 Injunction Exception to PD 1818 – Hernandez vs. vs. Yu – Apr ‘06 Criminal Law: Person who did not sign Check.
163.. Atty. 156.
Estafa through falsification of public document – Gonzaludo vs.
Smuggling Section 2505 Tariff and Customs Code –Jardeleza vs. vs.
166. Political Law: Presidential Proclamation 1017. this power belongs to the DOTC – Mirasol vs. Ermita and Companion Case –May ‘06 Attorney’s Lien in cases involving executors and administrators of an Estate – Salonga Hernandez & Allado vs. Court of Appeals and Jimmy Go –July ‘06 DPWH does not have the power to regulate Limited Access Highways. Cainta Catholic Scholl Employees Union (CCSEU).
170. – Remegio vs. Trinidad-Lichauco – June ‘06
167. except when the last day falls on a non-working day – BPI(formerly Far East Bank and Trust Company) vs. powers of the executive declare state of rebellion and its parameter – Prof.
169. Sps. DPWH – July ‘06
168. non-working days are included in the computations.
Disability Compensation for Overseas Seafarers. – June ‘06 Exhaustion of Administrative remedies – All money claims against the government must first be coursed thru the Commission on Audit before seeking Judicial intervention – National Irrigation Administration vs. when can it be invoked – Philippine Agila Satellite Inc. Gloria Macapagal-Arroyo – June ‘06 Stipulation’s in the CBA should be respected following the principle of “stare decisis” –Cainta Catholic School and Msgr.O. Balbago vs. Ermita and Companion Case – May ‘06 PD 880 Calculated Pre-emptive response (CPR) –Bayan vs.
Supreme Court Decision Continuation: 173. Luis and Carmelita Cabamongan – June ‘06 State Immunity .
171. vs. National Labor Relations Commission –May ‘06 National ID System Case (E. David and Companion Cases vs. Hon. Justice Ong – June ‘06 TROs are valid only for 20 days. Enciso – June ‘06 Inhibition of Judges or Justices – People of the Philippines vs.
177. Pascual –June ‘06 Degree of care banks should employ in taking care of the money of its Depositors – Citibank vs.
178. The Director-General – May ‘06 E.
..O. 464 Executive Privilege –Senate of the Philippines vs. 420) – Kilusang Mayo Uno and Companion Case vs.
vs. vs. there must be actual refusal to do something not merely anticipated – Philippine Coconut Authority vs. vs. a Constitutional Body with limited fiscal autonomy – Commission of Human Rights Employees’ Association Represented by its President.
184. vs. Marcial A. Primex Coco Products. Sadac – July ‘06 Proper parties to file a complaint against a judge –Atty. Commission on Human Rights – Aug ‘06 Legal Ethics – Canon 16 A Lawyer holds in trust all property and monies received by him on behalf of his client –Almendarez. the same is gross negligence – Erasusta Jr. Jr.
183. when can common law relationship be not considered as immoral or disgraceful – Estrada vs. if the parties are not capacitated to many individual contribution must be proved –Rivera vs. Sanchez Jr..
Mandamus. Court of Appeals – Aug ‘06 Supreme Court Decision Continuation:
180. Court of Appeals – Aug ‘06 MIAA’s Airport land and Buildings are exempt from real property taxation – Manila International Airport Authority vs. Balayon Jr. Sps. Heirs of Villanueva – Aug ‘06 Constitutional Law: Commission on Human Rights.
191. substituted by Manuel Raymond Acol vs. Philippine Commercial Credit Card Incorporated – Aug ‘06
187. Judge Dinopol – July ‘06 Right Action vis a vis Cause of Action – Multi0Realty Development Corp. – July ‘06 Freedom of Religion.
182. Endriga – Aug ‘06 Co-ownership in case of common law marriages. Atty.
181. Roberto and Marina Sanchez –Aug ‘06 Purchaser in good faith – when a bank fails to investigate the property subject matter of a real estate mortgage. Langit – Aug ‘06 Civil Law – Notice to Credit card companies about the loss of a card is enough to exempt the cardholder from liability –Manuel Acol..
General Salary increases are not included in the computation of Backwages under Art 279 of the Labor Code – Equitable Banking Corporation (now known as Equitable-PCI Bank) vs.
. The Makati Tuscany Condominium Corp. provided that the LRA makes a favorable report – Republic of the Philippines represented by the Land Registration Authority vs.179.
185.. – Aug ‘06 Constitutional Law: Power of the President to appoint Lower Ranked Officers – Rufino vs. Escritor – July ‘06 In reconstitution of Titles whenever the same is based on the Owner’s duplicate of the TCT mere posting is enough.
– Sept ‘06 Civil Law – Right of First Refusal – There must be meeting of the minds. Cristobal – Sept ‘06 Remedial Law – Guidelines on what documents should accompany a Petition for Certiorari –Air Philippines Corp.
199. Commission on Elections and Norma L.
196. Inc. Inc. – Sept ‘06 Falsification – What is considered taking advantage of official function – Giron Jr. Secretary Michael Defensor –Sept ‘06 RA 9189 extends to Filipinos who have dual citizenship – Nicolas-Lewis vs. vs.
Prohibition is not the proper remedy when what is being sought to be enjoined is an exercise of quasi-legislative power – Holy Spirit Homeowners Association.. vs. Zamora – Sept ‘06 Eminent Domain – LGU’s may exercise the power of Eminent Domain only through an enacted ordinance authorizing the local chief executive to expropriate private property. The Municipality of Panay – Sept ‘06 Principle of Adoptive Admission – Republic of the Philippines.
197. Reclusion Perpetua or Life imprisonment is disqualified to avail of a suspended sentence – Declarador vs. represented by the Land Registration Authority vs.
. RAM System Services. Kenrick Development Corp.
198. and in which an order of execution has been issued. vs.Moreno vs. the right of first refusal deemed waived –Villegas vs.. Inc. so that all proceedings on the execution are proceedings in the suit – Villaflores vs.
202. Gubaton – Sept ‘06 Remedial Law – A case on appeal to the CA. Mejes – Sept ‘06 Taxation – Effectivity of the E Vat vis a vie the 3% excise tax – Commissioner of Internal Revenue vs. Hon.
203. is considered as still pending. Philippine Global Communications. . vs.
201. otherwise. Inc. for public purposes after the payment of just compensation – Beluso vs.
Election Law – Sec 40(a) of the Local Government Code does not apply to those who have not served their sentence .
204. The Court of Appeals – Sept ‘06 Criminal Law – Juveniles in conflict with the Law who commits a crime punishable by Death. PNOC Shipping and Transport Corporation – Sept ‘06 Supreme Court Decision Continuation:
194. Sandiganbayan – Sept ‘06
200. Commission on Election – Sept ‘06 The use of laches as a defense should be based on equity and justice – Cruz vs.Sept ‘06 Civil Law – Assumption of Properties carries with it the assumption of all obligations –Caltex(Philippines).
the lack of procedural due process does not negate the dismissal. Ursabia – Oct ‘06 “When the owner’s duplicate certificate of title has not been lost. Atty.
. because the court that rendered the decision had no jurisdiction.. Court of Appeals and Phil.
208.205. Atty. and (2) the underlying economic realities of the activity or relationship –Francisco vs. Inc. Lawyers should be discouraged from filing suits for collection of fees. – Pineda vs. Inc. 213.. Sanchez – Oct ‘06 The Jusmag and NOVA case – Republic of the Philippines vs. in trift banks the four year grace period starts to run. and Garcia vs. Only when there are no other alternatives should this course of action be considered. substituted by the Heirs Remegia Y. Aurelio and Luz Zaldivar – Oct ‘06
211. Revilla – Oct ‘06 When is a Motion for Reconsideration considered as a Motion for New Trial – Republic of the Philippines vs.
212. Marin – Oct ‘06
206. National Labor Relations Commission – Sept ‘06 Alterations in the serial number of a check not considered as material alterations – The International Corporate Bank.
Supreme Court Decision Continuation: 210. – Remegia Y. vs. from the time of registration with the BIR or upon the issuance of the authority to act as such. but is in fact in the possession of another person. Southside Homeowners Association. as represented by Nilo Y.
Legal Fees – the charging of fees must be based on the principles of quantum meruit. Inc. vs. and the Companion Case – Oct ‘06 When the dismissal is grounded on a just cause. National Bank – Oct ‘06 Requirements for the termination of a Probationary employee. De Jesus – Sept ‘06 For Purposes of Minimum Corporate Income Tax (MCIT). Sps. which ever comes latter – The Manila Banking Corp. then the reconstituted certificate is void. Feliciano vs. Fighting for your clients cause not at the cost of justice and the truth – Plus Builders. Feliciano.
207. –Cathay Pacific Airways. – Ace Promotion and Marketing Corporation vs. Limited vs. Asuncion – Oct ‘06 Conflict of Interest – Paz vs. Feliciano. Atty.
214. Revenue Regulation 4-95.
215. Commissioner of Internal Revenue – Sept ‘06 (1) the putative employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished.
De Sola –Nov ‘06 Labor Law: Misuse of fixed-term employment contract – Innodata Philippines. Inc. Hon..) – Nov ‘06 HLURB: Subdivision Project – Ruben S. Quejada-Lopez – Nov ‘06 Absence of Counsel at pre-trial when parties are themselves present – Paredes vs. Sia and Josephine Sia vs..
221. input VAT on capital goods – Commissioner of Internal Revenue vs.
218. Court of Appeals and Raquiza – Nov ‘06 Execution of Foreign Judgement – St. Uy –Dec ‘06
228. Sandiganbayan – Oct ‘06 The 20% final withholding tax on a banks passive income is part of the Gross Receipts for purposes of computing the 5% Gross receipt tax.
222. – Commissioner of Internal Revenue vs. PTE. Inc. vs. – Nov ‘06 Attorney’s Lien – Francisco Motors Corp.
Office of the Special prosecutor does not have the power to file informations in the Sandiganbayan.
219.. Secretary of Agrarian Reform – Nov ‘06 Principal party alone may sign Certificate of non-forum shopping. Inc.. People of the Philippines and Teresita Lee – Nov ‘06 Fair and True Reporting – GMA Network. Grand International Airways. M.D. Ong – Nov ‘06 Just Compensation: Gabatin case or Natividad case? –Meneses vs. LTD. Inc.
230. Hon. Inc. William Ong vs. this power is vested only in the Office of the Ombudsman – Perez and Apostol vs.a. Lucita G.
227. Trial Courts have jurisdiction over actions for (final) injunction even involving government contracts.. vs. Sabeniano – Nov ‘06 Change of Theory on Appeal prohibited. – Nov ‘06 Family Law: Legal Separation –Ong Eng Kiam a. Verano – Nov ‘06 Petition for Certiorari (Rule 65) to Supreme Court proper procedure to question resolution of Ombudsman in Criminal Cases – Baviera vs. Aviation Services Co. – Oct ‘06 Contract of Sale is merely a prima facie presumption of delivery –Copuyuc vs. Mirant Pagbilao Corporation (formerly Southern Energy Quezon. – The bases conversion and development authority vs. Bustons. Zoleta – Nov ‘06 Evidence: Best Evidence Rule – Citibank vs. 223.216. Citytrust Investment Phils.k.
244. 241. Office of the President of the Philippines – Dec ‘06 Election Law: Disqualification – Lanot vs.
Procedural Law: Remedies under Rule 45 and Rule 65 are mutually exclusive – Nagkahiusang Mamumuo sa Picop Resources Inc. – Dec ‘06 Contract of Sale: Mutuality. Del Rosario – Dec ‘06 Mining Law: Application for MPSA –PNOC-Energy Development Corp. The Hon. 240. Veneracion. Hon.. Commission on Elections – Dec ‘06 Land Titles: PD 892 and Spanish Titles –Santiago vs. – Dec ‘06
232. Election Law: election contest.
. – Villanueva vs.
Supreme Court Decision Continuation: 238.D. Ltd. Jr. Metropolitan Bank & Trust Company – Dec ‘06 HLURB Sec. – Lepanto Consolidated Mining Co. Judge Lee – Dec ‘06 Trial Courts residual Jurisdiction – City of Cebu vs. – Sy vs. Subic Bay Metropolitan Authority – Dec ‘06 Prohibition on the Impairment of Contracts. 236.
235. Vicarious Liability of hospitals for Negligence of visiting physicians –Nogales vs.
243. and Companion Case vs.
234. Capitol Medical Center – Jan ‘07
239. vs. 23 of P. Sps. vs. Dominador Cardaña and Rosalita Cardaña – Dec ‘06 Labor Law: Breach of trust under Article 282 of Labor Code . simultaneous prosecution of pre-proclamation controversies and election protest – Tan and Company Case vs. 957 – Zamora Realty vs. Court of Appeals – Dec ‘06 Torts: Principle of res ipsa loquitur to establish negligence –Capili vs. Commission on Elections – Dec ‘06 Indirect Contempt – Limbona vs. WMC Resources Int’l Pty. Philippine National Bank (PNB) – Jan ‘07 Epira Law – Manila Electric Company Inc. Lualhati – Jan ‘07 Agrarian Dispute: Jurisdiction of DARAB – Guiang vs.231. (PNOC-EDC) vs. Court of Appeals – Jan ‘07 245.
Burmeister – Feb ‘07
251. Court of Appeals –Mar ‘07
254. Commission on Audit – Feb ‘07 Labor Law: Strike determined by the totality of the circumstances surrounding the situation. Felicidad San Luis – Feb ‘07 Remedial Law: Remedy to obtain reversal or modification of judgement is appeal. – Public Estates Authority vs.k.
Criminal Law: Art. – Mcleod vs. Hon. – Feb ‘07 Reclassification of Lands by DAR and Local Government – Department of Agrarian Reform vs. Mercado a.
252. – Santa Rosa Coca-Cola Plant Employees Union vs.
259. 250.A. Rural Bank of Malinao (Albay) – Jan ‘07 Appreciation of Evidence – Republic of the Philippines vs. vs.
256. And Companion Cases – Feb ‘07 Labor Law: Evidence of employment. –Gonzales vs. 218 Failure of Accountable Officers to render accounts – Campomanes vs. Inc. 249. Hon. Luna – Jan ‘07 Evidence : Disputable Presumptions – Sps. Pedro and Paz Surtida vs. Don Pepito Mercado – Jan ‘07 Exclusivity Clause is not per se restraint of trade. National Labor Relations Commission . Sarangani Agricultural Co.
257.Feb ‘07 Sec. 248. CocaCola Bottlers Philippines Inc. R.. Labor: No new evidence can be presented for the first time in position papers – Solgus Corporation vs. Ombudsman Desierto –Feb ‘07 Remedial Law: Intra-Corporate dispute as a pre-judicial question. –Omictin vs. corporation law: grounds for piercing corporate veil. – Feb ‘07 Family Law: Van Dorn restated – Edgar San Luis and the Companion Case vs. 12. Climax Mining Ltd..
Supreme Court Decision Continuation: 253.
255. 247. Hon. Alternative Dispute Resolution: Arbitration Clause is a separate agreement independent of main contract. Jose Teofilo T.246.a. People of the Philippines – Jan ‘07 Agency: Article 1873 Civil Code – Gozun vs. Inc. 6758 Consolidation of allowances and Compensation. Court of Appeals – Feb ‘07 Tax Law: Qualification for –zero-rating – Commissioner of Internal Revenue vs. – Avon Cosmetics.
258. personal liability of directors.
Court of Appeals – Apr ‘07 Execution of a final judgement may be made by mere motion even after lapse of 5 years if delay caused by opposing party – Central Surety and Insurance Company vs. Paglinawan and the Companion Case – Mar ‘07 Corporation Law: Rehabilitation merely suspends enforcement of claims – Metropolitan Bank & Trust Company vs. Turiano – Apr ‘07 Action for Judicial Redemption. P/Senior Inspector Jose J.
CARP: Just Compensation also connotes prompt payment: Power of Supreme Court to decide entire controversy in single proceeding. Commission on Election – Apr ‘07 Under present Rule III (b) Criminal Action for BP 22 shall be deemed to include civil action thus there is identity of parties..D. Demtria – Apr ‘07
267. Ponce – Mar ‘07
261.Mar ‘07 Documents presented during preliminary investigation vested with privileged character –Alcantara vs. restated – Tolentino M. Inc. PNP Chief has jurisdiction to take cognizance of complaints against erring policemen.
268. Court of Appeals – Apr ‘07 Election Law: Exception to general rule that a pre-proclamation case is no longer viable after a proclamation. concurrent jurisdiction with PLEB – Deputy Director General Roberto Lastimoso vs. – Mayor Jainal vs.
269.. Inc. . – Zamora vs. vs.. Inc. The Hon.260.
270. Hon. – Apr ‘07 Evidence: To establish forgery the standards laid down in Ladignon should be met – Rivera vs. Court of Appeals – Mar ‘07 Rehabilitation Proceedings: Suspension of executory labor claims – Philippine Airlines. –Apo Fruits Corp.
265. Planters Products. vs. separate civil action cannot separately maintained – Silangan Textile Manufacturing Corp.
. – Collantes vs. vs. Hi-Yield Realty. Inc.
262. and interest.
263. Zamora – Mar ‘07 Guidelines for establishing psychological Incapacity. Avelino G. Asayo –Apr ‘07 CESO in inactive status: Two conflicting final and executory decisions. Hon.
Supreme Court Decision Continuation: 266. Court of Appeals – Mar ‘07 Criminal Charge for violation of Securities Regulation Code must first be referred to SEC – Baviera vs. ASB Holdings.
Bardaje – May ‘07
279. being under age.
284. 6 Rule 39 of Rules of Court does not apply to land Registration Case . vs.
280. – Commissioner of Internal Revenue vs. Olalia –May ‘07 Agency: Article 1897. Fr.000 per claimant – V.
276. and can be validly substituted. Inc. Provative value of the result of the return. Inc.L. – Luna vs. it is no proclamation and COMELEC can annul proclamation even after assumption of office –Arbonida vs. Apr ‘07 Election Law: Where a proclamation is null and void. . Hon. Florentina J. Philippine Pharmawealth Inc. COMELEC – May ‘07 Secretary of Justice’s resolution on a complaint can only be reversed if there is grave abuse of discretion.
277. Court of Appeals – Apr ‘07 Labor Law: Employees may invoke either the Workmen’s Compensation Act or the provision of the Civil Code.May ‘07 Labor Law: Misconduct as a ground for Termination Standards –Supreme Steel Pipe Corporation vs.
. Cayat and the Companion Case vs. Cuizon – May ‘07 Election Law: Doctrine of the rejection of the Second Placer does not apply in no cases where disqualification becomes final before elections –Rev. – The Department of Health vs. Philippine Health Care Providers. represented by the Philippine Department of Justice vs. can be considered to have filed a valid certificate of candidacy.
275. COMELEC – May ‘07 VAT on Health Care Service Providers.
Labor: Amended Article 128(b) DOLE can exercise jurisdiction regardless of the monetary value no longer limited by P5... – Ting vs. – Chua vs. subject to the consequence that the choice of one remedy will exclude the other – Candano Shipping Lines. Inc. Commission on Elections – Apr ‘07 Sec.273. SugataOn – Apr ‘07 Defense of State Immunity from suit does not apply when official is charged for unauthorized acts. Padillo – May ‘07 A candidate. – Mayor Noel E. New Civil Code – Eurotech Industrial Technologies. Rosal vs.
Supreme Court Decision Continuation: 278. Commission on Elections and Companion Case – Apr ‘07 Extradition: Bail Subject to “clear and convincing evidence” that applicant is not a flight risk – Government of Hong Kong special administrative region. vs.
282. Hon. enterprises and/or Faustino J..
281. Heirs of Diego Lirio – Apr ‘07
283. Visitacion vs.
296. Manila Finest Retirees Association.286.
Doctrine of Mortgagee in good faith – Bank of Commerce vs. San Pablo – May ‘07 Election Law: Disclosure of Party List Nominees – Bantay Republic Act of BARA 7941 and the Companion Case vs. Court of Appeals – Jul ‘07 Complaint for violation of Labor Standards and Compliant for Illegal dismissal can co-exist even if parties are the same –Consolidated Broadcasring System.Jul ‘07 Periods imposed to block the acquisition of Security of Tenure are contrary to public policy – Dumpit-Murillo vs. ZeroVat due certain services. Section 102(b)(2). Senior State Prosecutor Emmanuel Y Velasco and the Companion Case – Jul ‘07 Naturalization – Petition for Admission as Citizens of the Philippines vs. Inc.. NIRC. People of the Philippines – Jun ‘07 Expropriation: No Taking if government paid rental fees –Tan vs..Jun ‘07 Procedural Law: Remedies to undo deleterious consequence . Jun ‘07 R. Van Zuiden Bros. GTVL Manufacturing Industries. Placer Dome Technical services Inc. Sebastian Baking – Jun ‘07 Libelous imputation: Four Requisites – Diaz vs. in his official capacity as the Secretary of Justice – Jun ‘07 Proximate cause.
290. Republic of the Philippines – Jul ‘07 Partial Voluntary Separation of Property made by the spouses pending declaration of nullity of marriage is valid – Virgilio Maquilan vs. Sps.
294. – CIR vs. Malinias – Jun ‘07 Void inquest. The Hon. Inc.. vs.
298. .. 9225 Dual Citizenship – AASJS (Advocates and Adherents of Social Justice for Scholl Teachers and Allied Workers) Member – Hector Gumangan Calilun vs. Inc.
295. The Republic of the Philippines – Jun ‘07 Concept of “Transacting business in the Philippines” – B. 292. vs.
291. Datumanong. irregular preliminary investigation – Ladlad vs. liability of employer for acts of negligent employee – Mercury Drug Corporation vs. COMELEC – Jun ‘07 INP retirees are deemed PNP retirees and entitled to same benefits. Oberio – Jul ‘07
289. Ltd.Victory Liner. – Department of Budget and Management vs...
300. . Dita Maquilan – Jul ‘07 Tax Law: American Express ruling restated..A.
Air Transportation Office – Jul ‘07 Government Officials may be sued under Article 32 Civil Code even if questioned Acts were not tainted with bad faith or Malice. 312.
310. Section 48 Public Land Act – Limcoma Multi-purpose Cooperative vs. –Vinzons-Chato vs. People of the Philippines – Jul ‘07 In Labor only contracting.
.Jul ‘07 Notice to Vacate within 15 days and to pay is jurisdictional requirement in unlawful detainer – Larano vs.
305. the law creates an employer – employee relationship –Manaya vs. Tradename infringement. Capitol Development Corporation –Aug‘07 Labor Law: Two Notices Rule for valid dismissal – Magro Placement and General Services vs. vs.
Search warrants. Republic of the Philippines – Aug ‘07
307. Carbonell – Jul ‘07 Expropriation: exception to rule that just compensation is reckoned from time of taking – Heirs of Mateo Pidacan vs. –OWWA vs. . Gen.. Inc.
314. Fortune Tobacco Corp.
Preliminary injunction cannot be issued if it will change the status quo ante litem. Hon.
304. Chavez – Jul ‘07 Judicial determination of probable cause for issuance of warrant of arrest – AAA vs. Concepcion – Jul ‘07 Conventional Subrogation and assignment of credits – Ledonio vs.
309. Alabang Country Club Inc.
303. . Gilinsky – Aug ‘07 Interpretation of Seafarer’s Contracts. Calendacion – Jul ‘07 Supreme Court Decision Continuation:
302. Atty.Jul ‘07 Procedural Law: Intervention – Union Bank of the Philippines vs.Aug ‘07 Registration of Land..
306.. Sps. –Yao.
308. even before the start of any employeremployee relationships certain rights & obligations arise from perfection of employment contract – Santiago vs.
311. Abu – Aug ‘07 Courts have no power to alter terms of judicially approved compromise agreements – Viesca vs. Hernandez – Aug ‘07 Forum Shopping – Gonzales vs.301. . CF Sharp Crew Management. Sr.
Court of Appeals – Aug ‘07 Technicalities must take a backseat to substantive rights. Court of Appeals – Aug ‘07 Where the mortgagee does not directly deal with the registered owner of land. Magtibay. vs.
319.A. Sandiganbayan – Sept ‘07 Private School Teachers’ Secuirty of tenure are governed by Manual Regulations for Private Schools and not Labor Code – Aklan College vs.
Supreme Court Decision Continuation: 320.B. The Hon. Palma – Aug ‘07 Court’s power to reverse findings of the Department of Justice – Social Security System vs. Department of Justice –Sept ‘07 Contributory negligence negates defense of fortuitous event – Sicam vs..
327. Guarino – Sept ‘07
. National Labor Relations Commission – Sept ‘07 Right of Way – Obra vs. vs. Inc.. Inc. Jorge – Sept ‘07 Retirement Law: Computation of Retirement benefits under R.315. – Aug ‘07 Increased risk theory applicable in Compensation Cases. Sps. Inc.
322. verification and certification against forum shopping – Kimberly Independent Labor Union for Solidarity and companion case vs. Court of Appeals – Aug ‘07 Notarization per se is not guarantee of the validity of the contents of a document – China Banking Corp. strict rules of evidence not applicable to claims for compensation –Government Service Insurance System vs. E. 7641 –Reyes vs. where proper – Polido vs. Villarosa – Aug ‘07
318. Labor Law: Termination of probationary employee under Art. Badua – Sept ‘07 Act of State Doctrine – Presidential Commission on Good Government vs. 281 (b) does not require notice and hearing –Philippine Daily Inquirer. Hon. Jr. 326. law required a higher degree of prudence be exercised –Mercado vs. Allied Bank Corporation – Aug ‘07 In resolving a motion to dismiss courts must consider both the complaint and its annexes – Fluor Daniel. vs. – Philippines.
Judgment on the pleadings.
333. Hon. Inc. “Fresh period rule” – Sps.
Reclamation. Rañon – Oct ‘07 A Trade Union Center is not allowed by law to directly create a local or chapter through chartering – San Miguel Corp.
.Oct ‘07 Notice of Adverse claim does not interrupt the running of the prescriptive period – Heirs of Marcelina Arzadon-Crisologo vs.
336. Employees Union-Philippine Transport vs. Suntay – Nov ‘07 Negligence – Philippine National Railways vs. Court of Appeals – Oct ‘07 Rehabilitation Plan Void Insofar as it impairs stipulation between the parties – Leca Realty Corp. vs. .
338. Nicolas vs.
330. formula – Land Bank of the Philippines vs. Metropolitan Bank & Trust Company –Oct ‘07 Bank do not have unrestrained freedom to charge any interest rate other than that mutually agreed upon – Floirendo. Socorro V. National Housing Authority – Sept ‘07 Writ of Possession cannot deprive heir of legitime – Heirs of the late Domingo N. Court of Appeals and Companion Case – Nov ‘07 Procedure for determining just compensation under R. PR Builders. gross inadequancy of price does not nullify an execution sale. Manuela Corp. – Oct ‘07 Double Sale: No Constructive notice to second buyer if registration is made under Act 3344 over a property registered under the Torrens System – Cecilia Amodia vda. Metropolitan Bank & Trust Company – Oct ‘07 Exercise of Equity Jurisdiction by Courts. right to information – Chavez vs. Vda. vs. de Melencion vs.. Ricardo and Leonila de los Santos vs.
340..Oct ‘07 Criterion to determine whether a corporation is public or private: Totality of relation of corporation to the state test – Philippine Society for the Prevention of Cruelty to Animals vs.
335. San Miguel Packaging Products Employees Union-Pambasang Diwa ng Manggagawang Pilipino – Oct ‘07 Judicial Admission must be also considered in demurrer to evidence –Casent Realty Development Corp.
337. Commission on Audit – Oct ‘07 Neypes ruling restated.
331. Ma. Alienable Land of Public domain once transferred to an enduser agency becomes patrimonial property. 6657. Court of Appeals – Nov ‘07
329.328. exceptions to the in pari delicto principle – Jacobus Bernhard Hulst vs.
341. operative fact doctrine. . Philbanking Corp. de Mangubat –Nov ‘07 Discharge of Accused to be State Witness – Valerio vs.A. Jr.
344.Nov ‘07 Restrictive Custody and Monitored Movements imposed on policemen is not unlawful restraint of freedom – SPO2 Manalo vs.
351. Court of Appeals –Dec ‘07 COA has authority to withhold government employees salary and other emoluments corresponding to amount allegedly embezzled – Santiago vs.
. 2 Rule 42 – Sps. – People of the Philippines vs.
Supreme Court Decision Continuation: 346.
Cashier’s Check. Holder in due course –Bank of the Philippine Islands vs. Jr. vs. subsequent submissions of certified true copies of orders and decisions in a Motion for Reconsideration is substantial compliance with Sec.
350.M. Caguioa – Nov ‘07 Intellectual Property Law – Sehwani.
349. No.. Henry Lanaria and the late Belen Lanaria vs. 00-2-03-SC being a curative statute – Romero vs. In-N-Out Burger. Ssangyong Corporation – Nov ‘07 First application of the newly-promulgated Rules on DNA Evidence.
345. City of Pasig. vs. vs. Hon. Eusebio – Dec ‘07
347. Commission on Audit – Dec ‘07 Where victim is abducted and killing is mere afterthought crime is not complex crime of kidnapping with murder but two separate offences –People of the Philippines vs. Inc. Inc.
352. Incorporated and/or Benita’s Frites. PNP Chief Calderon – Nov ‘07
343. Caguimbal – Dec ‘07 Padilla. “Electronic data Message” and “Electronic document” do not include facsimile transmissions which have an original paper-base copy – MCC Industrial Sales Corp. . Hon. Solangon @ Ka Ramil – Dec ‘07 Continuation by a son in a relationship of a father with the land owner does not give rise to the presumption of the existence of agricultural tenancy – Fuentes vs. Inc. Umanito – Nov ‘07 Retroactive application of A. vs. Alipio restated. Roxas – Nov ‘07 Possibility of irreparable damage without proof of an actual existing right would not justify injunctive relief – Republic of the Philippines vs. which authorize courts to motu proprio or on motion require DNA testing.
353. represented by its City Mayor.. Planta – Dec ‘07 Gross receipts is not synonymous with Gross revenues – Ericson Telecommunications. Hon.
and the companion case –Jan ‘08 Remedial Law: Bill of Particulars – Republic of the Philippines vs. power to recommend criminal indictment – Standard Chartered Bank (Philippine Branch) vs. Secretary of Agrarian Reform – Jan ‘08 Exceptions to Sections 4 & 5 of Rule 15. power to cite in contempt.
For purposes of determining the coverage of the Social Security System. Asiapro Cooperative – Dec ‘07 Torrens System..
362. are not entitled to back salaries – Hon. Lerma –Feb ‘08 Public Appointive local official and employees who are suspended pending investigation of charges against them.
364. People of the Philippines – Jan ‘08 One Right of retention per landowner –Roman Catholic Archbishop of Caceres vs.
366. Sandiganbayan – Jan ‘08 Phrase “with notice to the appellant” In Section 8 means that a notice must first be furnished the appellant to show cause why his appeal should not be dismissed – Milan vs. Hon. Peña – Dec ‘07 Filing of a second motion for reconsideration. does not toll the running of the period of appeal – Heremenegilda dela Cruz Loyola vs.354. Maysilo Estate – Manotok Realty. vs. Governor Plaza vs. CLT Realty Development Corp. Inc.
360. Jr. the submission of counter-affidavits is NOT mandatory – Borlongan. Mendoza – Dec ‘07 Rule on two notices before termination – e Pacific Global Contact Center. Court of Appeals – Feb ‘08
359. Calderon-Bargas – Jan ‘08 Investigations in Aid of Legislation. Senate Committee on Banks – Jan ‘08 An arbitration clause stipulating that a foreign arbitral award shall be final and binding is NOT contrary to public policy – Korea Technologies Co. 363.
. Notice of hearing – KKK Foundation.. Hearing of Motions. 361. and Manotok Estate Corp. LTD vs.
357. and the companion case vs. Inc. Philippine National Police Criminal Investigation – Dec ’07 Supreme Court Decision Continuation:
358. Inc. the Social Security Commission my inquire into the presence or absence of an employer-employee relationship WITHOUT NEED of waiting for prior pronouncement or submitting the issue to the NLRC –Republic of the Philippines. and/or Jose Victor Sison vs. Cabansay – Dec ‘07 The Office of the Ombudsman can NOT intervene nor in any nay participate in an appeal which was precisely initiated to question its decision – Pleyto vs.
In determining probable cause for the issuance of the warrant of arrest. represented by the Social Security Commission vs. vs.
Supreme Court Decision Continuation: 370.. – Ocampo III and the companion case vs. – Feb ’08 Procedural Law: Trial Courts trying an ordinary action for specific performance cannot award a specific portion of a property co-owned and undivided – Panganiban vs. Inc.
. The Court of Appeals – Mar ‘08
371. Martel – Mar ‘08 Quasi-delict: Test of Negligence – Dy Teban Trading. Powertech Corporation – Feb ‘08 Position of Student – Regent of UP falls under Jurisdiction of Sandiganbayan – Serana vs.
372. 378. Glasgow Credit and Collection Services. Masing and Tayactac – Feb ‘08 Conduct of preliminary investigations –Santos-Concio vs. People of the Philippines – Mar ‘08 Writ of Possession will not lie against parties who have been in possession of land for at least 10 years. vs. New Civil Code – Cebu Country Club vs. Compromise Agreements: caveat to laborers in labor disputes to be wary of giving to broad an authority to agents – Arellano vs. Ching – Mar ‘08 Corporation Law: Appointment of receiver – Pryce Corporation vs. Inc.
374. vs. and who were not parties in registration proceedings – Factor vs.
376. and who have entered into possession after issuance of final decree. Gaque – Feb ‘08 Anti-Money Laundering: Procedure of civil forfeiture – Republic of the Philippines vs. Department of Justice – Feb ‘08 Evidence: recantation does not necessarily cancel an earlier declaration – Kaunlaran Lending Investors.
Human Relations: Principle of damnum absque injuria does not apply in violations of Articles 19.
369. Ombudsman’s decisions/orders to discipline a public employees are mandatory and not recommendatory – Office of the Ombudsman and the Companion Case vs. Oamil – Feb ‘08
368. Inc.367. Sandiganbayan and People of the Philippines – Feb ‘08 Standing of the Office of Ombudsman to intervene and seek for reconsideration of a decision of the Court of Appeals (CA) which set aside the former’s. Uy –Mar ‘08 Public Funds shed their public character when they are lent to a private entity who acquires ownership of the funds.
381. National Labor Relations Commission – Apr ‘08 Preliminary Investigation: Restatement of Crespo vs. Damole – Apr ‘08 Finding of no Administrative Liability is not a bar to filing of a criminal case for the same acts – Ferrer. Pablo C. – Silkair (Singapore) PTE. Securities and Exchange Commission – Mar ‘08
380.. Mogul – Juanito Chan y Lim a. Commissioner of Internal Revenue – Mar ‘08 Implied Authority of Corporate officer to sign verification and certification – Enriques vs.a. Michelina S. tax exemptions exclude indirect taxes unless specifically stated. Ltd.
388. bilateral vasectomy does not constitute crime of mutilation – Aguirre vs. vs. Hon.
386. Hon. including all matters involving the implementation of the agrarian reform program. Sandiganbayan. taxes are exacted only for a public purpose and not for benefit of private persons – Planters Products. Department of Agrarian Reform Adjudication Board (DARAB) is vested with primary and exclusive jurisdiction to determine and adjudicate agrarian reform matters. Sandoval – Apr ‘08 Locus Standi: “Direct injury test” in public suits. Secretary of the Department of Justice. Secretary of Justice. – Department of Agrarian Reform vs.379. Aguirre-Olondriz –Apr ‘08 Indirect employer can only be held solidarily liable with direct employer only for unpaid wages if the latter fails to pay the wages of its employees – Meralco Industrial Engineering Services Corp.
387. – Apr ‘08 Executive Privilege – Neri vs. Inc. vs. Senate Committee on Accountability of Public Officers and Investigations – Apr ‘08
Tax Law: Proper Party to Seek refund of indirect taxes is the statutory taxpayer. Gedorio. Bank of the Philippine Islands – Mar ‘08 Concept of Investment Contract under the “Howey Test” – Power Homes Unlimited Corp. vs. Tan. Formaran III – Apr ‘08 Estafa: Correct Application of Indeterminate Sentence Law – Luces vs. Jr.
Supreme Court Decision Continuation: 382. vs. The Hon. Zhang Zhenting vs.. Jr. AbdulWahid – Mar ‘08 Non-interference in the conduct of preliminary investigation.k. vs.
390. Gerardo “Jake” Tan vs. Fertiphil Corpration –Apr ‘08 Preference under Section 6 Rule 78 does no apply in the appointment of Special Administrator – Vic C.
a. JAPRL Development Corp. Maersk Filipinas Crewing. Gregorio Espinoza and Joji Gador-Espinoza –May ‘08 Relaxation of rules in favor of accused not assisted by counsel – Sibal vs. Inc.
403. Hon. – May ‘08 Computation of Time. Fernandez vs.
402. vs. Chavez – Apr ‘08 Kidnapping and Serious Illegal detention – The People of the Philippines vs. Sps. Inc.
396. Holy Trinity Realty Development Corp.
401. People of the Philippines – May ‘08 Review of Jurisprudence on Failure to file Appellant’s Brief – The Government of the Kingdom of Belgium vs. Hon.
397. Kaye Suarez Palino – Apr ‘08
393. – Clarification of Section 1. twin notice requirement for valid dismissal – De la Cruz vs.
399.k.391. the inference for innocence must prevail – Eugenio vs. Fidelity Investment Corporation – May ‘08
Supreme Court Decision Continuation: 394. May ‘08 Elements determinative of the applicability of the doctrine of piercing the veil of corporate fiction.
398. vs.May ‘08 LGU’s are not empowered to impose business taxes on persons engaged in the sale of petroleum products – Petron Corp. Concepcion Progressive Association.
.... – Yamamoto vs. – May ‘08 Protective Remedy of Rehabilitation was never intended to be a refuge of a debtor guilty of fraud – Banco de Oro-EPCI. Inc. Mayor Tiangco – May ‘08 Judicial Admissions – Camitan vs. Court of Appeals – May ‘08 Estoppel does not confer jurisdiction on a tribunal that has none over the cause of action or subject matter –Atwel vs. Nishino Leather Industries. People of the Philippines – Apr ‘08 Proper Service of summons and court decision/orders – Sps. Pending action for annulment of mortgage or foreclosure sale does not stay Issuance of the Writ of Possession – Hon. .
Criminal Law: When circumstances are capable of two inferences. Belen vs.. Rosalinda Trapago Tan a. Inc. Rule 22 – May ‘08 Expropriation: differences between procedure under RA 8974 and Rule 67 – Republic of the Philippines vs.
Supreme Court Decision Continuation: 407.
411. and the companion case – May ‘08 Corporate Acts resulting to dilution of the Republics shareholdings in a sequestered corporation fall under Jurisdiction of Sandiganbayan –Republic of the Philippines vs. Samson – Jul ‘08 Labor Law: Illegal dismissal – The Peninsula Manila vs.. Alipio – Jul ‘08 Death During term of contract of employment is the only condition for compensability of a seafarer’s death.404. Inc. – Office of the Ombudsman vs. cannot unilaterally be withdrawn – Arco Metal Products. Gen.
Rights of an Original Proponent Under BOT LAW – Asia’s Emerging Dragon Corp.. vs. Samahan ng mga Manggagawa sa Arco Metal-Naflu – Jun ‘08 Presidents of State Universities are not beyond disciplinary jurisdiction of the Civil Service Commission – The Civil Service Commission vs. Inc.. Judge Paderanga – Jul ‘08
412. vs. –Merida vs.
. Dagudag (ret. vs.
406. Inc. Commissioner of Internal Revenue – Jul ‘08 Entertaining lapsed appeals in the higher interest of Justice – Department of Agrarian Reform and the companion case vs..
416. Alarma – Jun ‘08
405. –Coastal Safeway Marine Services. Decisions of the Ombudsman are immediately executory even pending appeal. 415. People of the Philippines – Jul ‘08 Health Care Agreement is in the nature of a non-life insurance & Contract of Identity – Philippine Health Care Providers.
414. vs. Vargas and the companion case vs. Department of Transportation and Communications. Sojor – Jun ‘08 Issue of estoppel on the question of jurisdiction – Sps. Investa Corporation –Jun ‘08 Distinction between an order of forfeiture of the bail bond and judgment on the bond – Mendoza vs. Sps.) vs. Visitacion and Jose Caminas – Jul ‘08 Unauthorized cutting of timber in private land.
409. Court of Appeals – Jun ‘08 Act of an employer which are favorable to the employees though not confirming to law but has ripened into a practice. Co. Delgado – Jul ‘08 Gross Ignorance of the Law and unbecoming conduct – Lt.
Aquino – Aug ‘08 Contract Law Article 1191 “Resolution” of Contracts. Imperial Credit Corp.
429. . 1529 in order to claim valid prescription – Republic of the Philippines vs. vs.
422. .. Court Appeals – Aug ‘08 Negotiable Instruments Law. BA Finance Corporation and Avelino Violago – Aug ‘08 Labor Law: Only poor performance that amounts to gross and habitual neglect of duty can justify dismissal – Universal Staffing Services.
430. Lifetime Marketing Corp. Villasin – Jul ‘08 Lawful restraints of elected officials. water districts are government instrumentalities whose officers and employers belong to the Civil Service. – Jul ‘08
428. Municipality (Now City) of Taguig – Jul ‘08 Quo Warranto. Court of Appeals – Jul ‘08 Evidence required under P. Pimentel.. People of the Philippines – Aug ‘08
420. –Bernabe vs. proof of actual receipt of notice of dishonor is an essential element – Suarez vs. Binay and Mercado vs. Office of the Ombudsman – Jul ‘08 Substantial and not absolute identity of parties is required for litis pendentia – City of Makati.
Diplomatic Negotiations Privilege – Akbayan Citizens Action Party vs.Jul ‘08 Supreme Court Decision Continuation: Due Process: reasonable opportunity to controvert evidence and ventilate one’s cause in a proceeding requires full knowledge of the relevant and material facts specific to that proceeding – Uy vs. People of the Philippines – Jul ‘08 Guidelines to be followed when imposing 12% or 6% interest – Lilibeth SungaChan and Cecilia Sunga vs. – Trillanes IV vs.
427.417. Sr.Jul ‘08 Degree of diligence required of banks is more than that of a reasonable man or a good father of a family – Bank of the Philippine Islands vs.
423. People of the Philippines – Aug ‘08 Juvenile drug pusher not entitled to Probation – Padua vs.
424.D. holder in due course – Sps.
425. Pedro and Florencia Violago vs. Hon. National Labor Relations Commission and Morales – Aug ‘08 Conviction Circumstantial evidence sufficient to convict – Nover Bryan Salvador y De Leon vs. – Engr. Feliciano vs. The Hon..
436..Oct ‘08 When Easement of right of way amounts to expropriation necessitating full just compensation – National Power Corp.. . Sr. – Oscar C. and Rodrigo C. Court of Appeals – Sept ‘08 Bereft of registration.. Regional Trial Court of Makati. Reyes – Sept ‘08 Venue of Personal Actions – Marcos-Araneta vs. Ravelo – Sept ‘08
432. vs. Teodoro – Sept ‘08 What constitutes an Intra-Corporate Controversy. Inc. Purefoods Corp. Briones vs.
444. Davis – Oct ‘08 Judicial Conduct – Re: Letter Presiding Justice Vasquez. Hon. 439. Salvador.
Supreme Court Decision Continuation: 434. . Fil-Estate Golf and Development.
441. Co – Sept ‘08 Labor Code: “Cause Analogous to Serious Misconduct – John Hancock Life Insurance Corp.Oct ‘08 Distinction between contract to Sell and Conditional Contract of Sale – Sps. which applies only to public documents under Section 19(a) – Heirs of the Deceased Spouses Vicente S. Reyes vs. Rule 132. Reyes and the companion case vs. vs.
442. Arcilla vs.. Felipe and Victoria Layos vs. Branch 142. Negotiable Instruments Law Accommodation Party – Bautista vs.. .
. 443.Sept ‘08 Under Spanish Regime Crown Lands were per se alienable –Republic of the Philippines vs. Henson-Cruz – Sept ‘08 The mere denial of having participate in the execution of a public document is not sufficient evidence to warrant filling of falsification case – Lao vs.
438. Incorporated – Sept ‘08 Code of Commerce: Verbal notice of claim – Aboitiz Shipping Corporation vs. .Oct ‘08
435. Court of Appeals – Sept ‘08 Procedural Law: Situations calling for multi-appeals – Atty.
437. Zenith Insurance Corporation.431. Jr. Auto Plus Traders.
440. any sale or transaction involving registered land effect or bind the registered property – Republic of the Philippines vs. relationship test and nature of controversy test.
433. Insurance Company of North America – Sept ‘08 Procedural Law: Notarial documents not covered by Section 24.
Doctrine of Conclusiveness of Judgement – Sps.
. the proper party to claim any refunds. Raymond Manalo and Reynaldo Manalo – Nov ‘08 Land Titles: Classification of Boracay –The Secretary of Department of Environment vs. Dionisio C. Lao – Nov ‘08 Rule on the Writ of Amparo – The Secretary of National Defense vs. Lao vs. vs. – Panaguiton.
456. Macas – Dec ‘08 Manufacturers of articles subject to excise tax are statutory taxpayers that are liable to pay the tax. is primarily responsible to the public for whatever damages the vehicle may cause – Cadiente vs.
451. Commissioner of Internal Revenue – Dec ‘08 Criminal Procedure: Filing Complaint with Prosecutor tolls prescriptive period for violations of Special Acts. thus. Mayor Yap – Nov ‘08 MOA Ancestral Domain – The Province of North Cotabato and the companion case vs. Interport Resources Corporation – Nov ‘08 Supreme Court Decision Continuation:
446. vs. Sps. even if already sold. Rustan’s Commercial Corp. The Government of the Republic of the Philippines – Nov’08 Medical Negligence –Sps. when repealing act reenacts substantially the former law.
452.Dec ‘08 Determination of Just Compensation under CARP – Land Bank of the Philippines vs.445. Pineda – Dec ‘08 Torts: Registered owner of vehicle. Jr. “Material fact” in insider Trading prohibition clause.
Corporation Law: Mere inclusion in the GIS is insufficient proof that one is a shareholder – David C.
. Heirs of Noble Casionan – Dec ‘08 Labor Law: Where dismissal is too harsh a penalty – Sagales vs. – Silkair (Singapore) PTE. Rodriguez – Oct ‘08 Corporate Law: Concept of “fact of special significance”.
454. Court of Appeals – Oct ‘08 Elaboration of the “Fictitious-payee” rule under Section 9(c) of the NIL – Philippine National Bank vs. Judicial determination of probable cause – Gabionza vs.
448. Dumlao – Dec ‘08
449. – Securities and Exchange Commission vs.
When Checks are evidence of Indebtedness under SRC.
455. Department of Justice – Dec ‘08 Contributory Negligence – National Power Corporation vs. Fredelicto Flores (deceased) and Felicisima Flores vs.
Clemente Apeles – Feb ‘09 Requisites for a tenancy relationship to exist – Francisco Landicho et al. Samuel Obmiranis y Oreta – Jan ‘09 Application of the Indeterminate Sentence Law in estafa when there are incremental penalties – People of the Philippines v..
. Inc. – Jan ‘09 Required proper Chain of Custody of Seized drugs – The People of the Philippines v. Court of Appeals – Mar ‘09 Ancestral Lands – The City Government of Baguio City. Nayong Pilipino Foundation – Feb ‘09 Collection for Sum of Money – Sebastian Siga-an v. 448. Citytrust Banking Corp. Court of Appeals. Felicidad Sandoval. Godofredo G. v. et al. Inc. 469. Hon.459. 470. . Court of Appeals – Feb ‘09 Without consideration that is separate and distinct from the purchases price an option contract cannot be enforced – Enrico S. et al. represented by Mayor Alfredo S. – Mar ‘09 Proper procedure for Assignment of assets to a SPV – Asset Pool A (SPVAMC) Inc. Lim – Feb ‘09 Divergent decision on the refund/non payment of wages of employee under payroll reinstatement – Juanito A. San Miguel Corp. Felix Sia – Feb ‘09 Art. Philippine Multi-Media System. Inc.
Labor only contracting and legitimate job contracting –Damian Aklan. v. on “builder in good faith” not applicable to lessee who makes improvements –Sulo sa Nayon. v. v.
Supreme Court Decision Continuation: 462. 475. et al. v. Cuanan – Jan ‘09
461.Feb ‘09 Procurement: Proper Procedure to assail decision of a BAC – First United Constructors Corp. Poro Point Management Corporation (PPMC) – Feb ‘09 Limits of Government Power – White Light Corporation et al. v.
473. 464. 474. 460.
471. in his capacity as Trustee of the Trust Estate of the late Juliana Lopez-Manzano v. 2003 – Juan de Dios Carlos v.Jan ‘09 Implied trusts: resulting and constructive – Richard B. v.. et al. Beth Temporada – Jan ‘09 Cable Retransmission not protected under Rome Convention – ABS-CBN Broadcasting Corp v. 472.. – Feb ‘09 Rehabilitation –Philippine National Bank et al. 468. Eulogio v. Inc. v. Only a spouse can initiate an action to sever the marital bond for except cases commenced prior to March 15. 465. Lopez. 466. v. Atty.. et al. New Civil Code. Sps. 476. City of Manila. Philippine Airlines . and/or Phil. . v. . represented by its Officer-in-Charge and Undersecretary. Brain Masweng – Mar ‘09
463. Garcia et al. Village Hotel. et al. Alicia Villanueva – Feb ‘09 Banking Law: Degree of Diligence higher than that of a good father of a family – Central Bank of The Philippines v.Jan ‘09 Procedural Law: Appeals from quasijudicial agencies under Rule 43 – Department of Education. et al. 467.
Notice of Claim 24 hour rule under Art.Gaudencio M. The Land Bank of the Philippines – Apr ‘09 Labor Law: Constructive dismissal .Westmont Bank and the companion case v. 488.) No. Ambassador Hotel – Apr ‘09 Land Titles: Partition.
487. Hon. it will be stopped from denying such authority .Jeromie D. regular v.Mar ‘09 Summary Judgment – Mariano Nocom v.
494. Justina Litania-Hong – Apr ‘09 Disputes regarding rules of Homeowners Associations fall under the jurisdiction of the HLURB – Lourdes L. which prohibits the eviction of qualified tenants/occupants..
483.Simeon Cabang. & Mrs.D. 493. Eristingcol v. Manuel N. article 487 – recovery possession by co-owner. 478.Fe La Rosa. TD – with or without effect. – Apr ‘09
489. v. PD 2016. only one coowner is indispensable party. Cordora v. v. . Inc. v. reinforced by P. The Court of Appeals and the companion case – Apr ‘09 Eduardo E. Formaran III. et al. Antonietta O. 366 Code of Commerce – UCPB General Insurance Co. et al. 491.
484. 486. Descallar – Mar ‘09 Nullity of extrajudicial foreclosure sale because notice of sale was not published in newspaper of general circulation . 481.
490. Borromeo v. 492. Eugenio Peñafiel – Mar ‘09 Relativity of Contracts . 1517. Jr.
. v. et al. v. unregistered DOS – James Estreller. casual. Shangri-la’s Mactan Island Resort – Apr ‘09 Offences covered by Grant of Amnesty strictly construed Kapunan. new issues etc can’t be raised for the 1st time on appeal. Luis Miguel Ysmael – Apr ‘09 Special Agrarian Courts must follow DAR formula when determining just compensation . labor only contracting . – Mar ‘09 Payment of docket Fees –Ruby Shelter Builders . 485. Inc.Fort Bonifacio Development Corp. et al. No. v. extends only to landless urban families who are rightful occupants of the land and its structures. 157 vis-à-vis Art. writ of execution – ministerial duty .Metropolitan Bank and Trust Company.Mar ‘09 Restatement of Mercado v.D. Commission on Election – Mar ‘09 Rights of an Alien who acquired real properties in the country as against his former Filipina girlfriend in whose sole name the properties were registered – Camilio F. 2016. Domingo – Mar ‘09 Land Titles: Titles secured by fraud are not indefeasible – Gregorio Araneta University Foundation v. patentee not possessor – Perfecta Cavile. 480. v.Allied Banking Corporation v. patent .?. v. Pablo C. job contracting. The Regional Trial Court of Kalookan City –Apr ‘09 Labor Code: Interpretation of Art. PD 1517 v. Escasinas et al. Manzano . 280. et al. Guillermo Basay – Apr ‘09 Agents of Corporations allowed to act within scope of apparent authority. Aboitiz Shipping Corp. 482. The Court of Appeals – Apr ‘09 Family Home. Rule 45 – when?. v. Renato Español . 479.477. Inland Construction and Development Corp.
Presidential Decree (P. Oscar Camerino – Mar ‘09 When Circumstantial Evidence is sufficient to convict – People of the Philippines v. Mr. v. unnotarized DOS.
. innocent buyer v. Carolina B. SC not trier of facts . People of the Philippines – Jun ‘09 Contract Law: “Dragnet Clause” in Mortgage Agreements – Producers Bank of the Philippines v. v. – May ‘09 ECC: Claims for benefits filed beyond prescriptive period .. v. v.
Labor Law: Decision or award of a voluntary arbitrator appelable to C. Speeding is indicative of imprudent behavior. what determines jurisdiction and nature of action Estate of Soledad Manantan..
501. 499. 500. need not go beyond the title. Gateway Electronics Corp. right of way – Larry V.A. et al. Bacungan. Lazaro Cruz Villarosa – May ‘09 Arbitration Tribunals should use all reasonable means to ascertain facts without regard to strict techniquality – Summa Kumagai. Simplicio – May ‘09 Torts: Reckless Imprudence. Poe v.Apr ‘09 Where the reclassification or upgrading of positions carries with it a change in qualification requirements. Sps. Inc. 504. Voluntary Arbitrator Froilan M. De Vera – May ‘09 Land Title: person who deals with registered property in good faith will acquire good title from a forger and be protected by a Torrens Title.
508. Excelsa Industries. – May ‘09 Agrarian: Ownership shall be deem to pass only upon full payment of just compensation – Land Bank of Philippines v. et al. Inc.
503. The Hon. final judgment or order/OR – The Heirs of George Y. – Jun ‘09
496. Hon. otherwise no new appointment is required – Alicia D. Aniceto Somera – May ‘09 Retroactive application of the “Fresh period Rule”..
506. Social Security System and Philrock Incorporated – May ‘09 NTC has no power to cancel certificate of public convenience and other licenses issued pursuant to a legislative franchise –Santiago C. Geren A. Garcia – May ‘09 In pari delicto. Romago. stare decisis . Consolidated Broadcasting System. Divinagracia v. Court of Appeals and the companions case – May ‘09 Unlawful detainer case. Insurers joint and solidary liability. Caminos. 497. et al. 510. De Vera v.
498. Ester A. .. Jr. probable cause .Soledad Muñoz Mesa v. trust receipt transaction – Metropolitan Bank & Trust Company v. under Rule 43 and not Rule 65 . Inc. and the companion case v. v.exceptions –Sps.Samahan ng mga Manggagawa sa Hyatt – NUWHRAIN-APL. good faith. v. De Abello – May ‘09 Criminal Law: Mere Filing of an information and/or issuance of warrant of arrest will not automatically make a surrender “involuntary” – Rosario T.Apr ‘09 Execution pending appeal granted only for “Good reasons” –Geologistics.495. 502. Gonzales – May ‘09 Recruitment Agencies have an obligation to protect and tend to the welfare of OFW – Becmen Service Exporter and Promotion.
507. Inc. then a new appointment must be issued in favor of incumbent. Villamil. Vda. Incorporated – May ‘09 Criminal Law: Supreme Court Ordering Secretary of Justice to file a criminal complaint. Inc.Tala Realty Services Corp.
505. v. forged document – root of valid title.preliminary investigation. Malayan Insurance Company Inc. Juanito R. Secretary of Justice Raul M. Tagaro v. .
Taran – Jul ‘09 Criminal Law: No estafa through conversion if agent delivered goods to a subagent for sale on commission basis –Wilma Tabaniag v. Inc. Republic of the Philippines – Jun ‘09 Indirect Contempt: Permissible line of fair comment and legitimate criticism of courts – Erlinda I. Cesar L.
519. Phoenix Assurance Company of New York/McGee & Co. voluntary resignation. exception – Triumph International (Phils. Inc.511. Inc. – Jul ‘09 Tax Law: Deposits for future subscription not subject to DST – Commissioner of Internal Revenue v. Philippine Daily Inquirer. 1623 – Legal redemption. .
513. malice and damages. Apostol – Jul ‘09 Agrarian Law: Tenancy is a legal relationship and not merely a factual relationship – Joaquin Soliman. 3 elements of cause of action – “J” Marketing Corporation represented by its Branch Manager Elmundo Dador v.
525.San Miguel Corp. National Labor Relation Commission – Jun ‘09 Family Law: Totality of evidence standard in declaration of nullity due to psychological incapacity – Marieta C. Larry M. information must state qualifying circumstances for them to be considered in the imposition of the penalty – People of the Philippines v. v.
523. Ilusorio – Jul ‘09 Civil Service Law: the CSC has jurisdiction to supervise the performance of and discipline all government employees. v. – Jun ‘09 Labor Law: The right to dismiss an employee on account of loss of confidence must not be exercised whimsically . Ramon L. Arastre – Mindanao Terminal and Brokerage Services. The Secretary of the Department of Labor and Employment – Jun ‘09 Procedural Law: Nature of Complaint determined by allegations. Guasch v.
515. Inc. v. Villanueva v.
522. SC Rule 45. Alfonso – Jul ‘09 Labor Law: Dismissal for willful breach of employer’s trust. exception – Mercedita T. Azcueta v. People of the Philippines – Jul ‘09
.). benefits. v. 521.
520. Bildner et al. running of 30 day period commences upon buyer being furnished written notice by seller.
518.. Pampanga Sugar Development Company (PASUDECO) Inc. Erlinda K.
524. Arnaldo Dela Cruz – Jul ‘09 Criminal Law: Proper apportionment of civil indemnity ex delicto. civil action deemed instituted.
514. Stevedore v. – Jul ‘09 Procedural Law: Purpose of reglementary periods of appeal is to put an and to judicial controversies. et al. question of law. 516. Bartolome Tampus – Jul ‘09 Civil Law: Art. – Jun ‘09 Labor Law: Authority of Secretary of Labor to determine existence of employer-employee relationship – People’s Broadcasting (Bombo Radyo Philippines.Jul ‘09 Labor Law: An employer who agrees to extend such benefit as an incident of the resignation should not be allowed to renege on the fulfillment of such commitment. v. v.
Torts: Stevedoring Company’s required degree of diligence is ordinary diligence of a good father of a family. and not from notice of finality of decision – Grace Gosiengfiao Guillen et al.. the press should not be held to account for honest mistakes or imperfections in the choice of language. liability for tort may arise even under a contract. including those employed in governmentowned or controlled corporations with original charters such as PUP – Civil Service Commission v. Libel – Hector C. First Express Pawnshop Company Inc. v. Inc. The Court of Appeals.
court need not wait for Report of Register of Deeds before it can rule –Republic of the Philippines v. visitorial power of the SOLE. delay in divulging names of perpetrators does not impair credibility. alibi v. 539. v.
529. Regional Trial Court. 536. Secretary of Labor and Employment – Sept ‘09 Land Titles: Judicial Reconstitution of title.
541. rule of procedure application. stock brokerage & rescission – Armand O. 9165 is not fatal and will not render an accused’s arrest illegal or the items seized/confiscated from him inadmissible.526.elements – Edgar Esqueda v. rescission of contracts. 540. Najera v. v. intent to kill . affirmative testimony stronger than negative testimony. Yukayguan – Jul ’09 Criminal Law: Illegal drugs non-compliance with Section 21.Foundation Specialist. 538. Inc.
535. Agripina Dela Raga – Sept ‘09 Procedural Law: Excusable one (1) day delay in appeal – Republic Cement Corp.
. v. Inc.M. Gil Y. Joseph S. v. Improper attachment . Inc. Raquel-Santos et al. v. Gamilla – Aug ‘09 BP 22: When civil liability allowed to prosper separately after dismissal of BP 22 case. Sergio A.
Evidence. People of the Philippines – Sept ‘09 Labor Law: Labor Standards. People of the Philippines – Jul ‘09 Corporation Law: requirements before instituting a derivative suit – Anthony S. Criminal Law: Frustrated murder. elements of treachery. 530. William Sy and Tessie Sy – Aug ‘09 Civil Law: Pledge. Court of Appeals and the companion case – Aug ‘09 Land Titles: No valid TCT can issue from a void TCT unless an innocent purchase for value had intervened – Rabaja Ranch Development Corp. Jojo Musa y Santos – Aug ‘09 Labor Law: Check-off process – Eduardo J Mariño. Rublico – Sept ‘09 Criminal Law: Attempted Murder modified to attempted Homicide – Ramie Valenzuela v. v. 528. positive identification. trial court’s findings – Arthur Zarate v. 534. elements of drug conviction – People of the Philippines v. Rashamia Hernandez y Santos – Jul ‘09 Criminal Law: Res Gestae. v. v. v. Eduardo J. 1st lien on the judgment – Anita Cheng v. denial – alibi. 533. AFP Retirement and Separation Benefits System – Aug ‘09 Procedural Law: Summary Judgment if no “genuine issue” – D. Duvaz Corporation –Sept ‘09 Civil Law: Extrajudicial Settlement of Estate coupled with a deed of Sale – Cornelia Baladad v.
542. Najera – Aug ‘09 Criminal Law: Totality Test. Branch 43 –Aug ‘09 Labor Law: Test for determining whether an employee is a project employee or a regular employee – Alcatel Philippines Inc. 531.. Sps. – Sept ‘09
527. Relos – Aug ‘09 Family Law Decision of the National Appellate Matrimonial Tribunal –Digna A. Article II of Republic Act No. 543. 532. physical impossibility.
537. Peter I. Betonval Ready Concrete. The Hon. Compliance Orders – Jethro Intelligence & Security Corp.. Yu et al. Consunji. Guinmapang – Sept ‘09 Civil Law: Novation of Contract. Jr. Proper procedure on photographic identification –People of the Philippines v. et al. Rene R.
557. Barnes v. Irene Montemayor – Oct. registrant and successor-in-interest hold the land as mere trustees. Reyes – Oct ‘09 Agrarian Law: Just Compensation should be determined and process . Financiera Manila. Habeas Corpus.A. – Nov ‘09 Criminal Law: Procedure. 8249 covers even those below Salary Grade 27. weight of lower court in assessment of witness – Dadizon v. v Royal Cargo Corp.Nov ‘09
545. Valeroso v. Sandiganbayan – Sept ‘09 Criminal Law: Liability through disputable presumption of ownership and constructive possession.k. v. CA .Oct ‘09 Criminal Law: Failure to establish proper Chain of custody of seized evidence – Dolera y Tejada v. – Nov ‘09 Labor Law: Regular employee by “years of service” – San Miguel Corp. De Santos – Oct ‘09 Corporation Law: Board of Directors cannot elect another director to fill a vacancy caused by the resignation of a hold-over director.
550. when a motion to dismiss not considered a demurrer to evidence – Abador v. mandamus. unsupported by extrinsic evidence. Lito Macabare y Lopez – Sept ‘09 Civil Law: Contract to Sell.544. 551. Inc. v.
548. Court of Appeals and People of the Philippines – Oct ‘09 Land Titles: If Registration of Land Titles: If Registration of Land is Fraudulent. – Oct ‘09 Land Titles: to bind third parties. Due Process. contract of sale. Jerry C. Insp. Maceda Law. tenure v.
549.Oct ‘09 Immigration Law: Deportation Proceedings.
553.Land Bank of the Philippines v.
552. certiorari. 559.a.Oct ‘09 Procedural Law: Denial of a Motion for the execution of judgment is appealable under Sec 1.
556. Compromise Agreement – Valdez v. Ramos . People . holdover – Valle Verde Country Club v. et al. Inc. 547. Republic . prohibition. Teodosio – Nov ‘09 “Equity of Redemption.
. People . 560. jurisdiction of Board of Commissioners.
Criminal Law: Jurisdiction of Sandiganbayan under Section 4(b) R. The City of Mandaluyong. James L. Rogelio Perreras – Sept ‘09 Criminal Procedure: Warrantless Search of Area of Suspect’s immediate control –Sr. ‘09 Procedural Law: Mere imputation of bias. v. circumstantial evidence – People of the Philippines v. 555. term v. Victor Africa .Oct ‘09 Procedural Law: Existence and availability of the right of appeal are antithetical to the availability of the special civil action for certiorari – San Miguel Bukid Homeowners Association. Rule 41.
546. a deed of sale covering an unregistered parcel of land must be registered with the Registry of Deeds. Sps. v. Inding v. rescission – Heirs of Cayetano Pangan.
558. correct mode of appeal.” res judicata – Rizal Commercial Banking Corp. indispensable party – Go v. is not enough ground for voluntary inhibition of a Judge –Jimmy Barnes a. issue of bail. et al. liberal construction vs strict construction. 554.Oct ‘09 Presumptive death under the Civil Code –Valdez v. et al. Sandiganbayan restated – People of the Philippines v. Heirs of Asuncion Añonuevo vda. reconveyance of property– Emma Ver Reyes et al. Teresita C.
Petron . question of law – Cinco v.Nov ‘09 564.Yuki v.Dec ‘09 Procedural Law: Compulsory Joinder of Indispensable parties. 577. 573. 567. 569. Posting may be dispensed – BPI v.561. refusal to receive notice. lessee’s preemptive rights ejectment case can’t be suspended by any action.Dec ‘09 Civil Law: “Unconscionable rate of interest” – Castro v. – Espiritu v. DBP – Jan ‘10 Criminal Law: Elements of Violation of Sec 83 of RA 337. Lim .
Civil Law: “equivalent of a tender of payment.
576. Puzon .” unjustified refusal to accept payment. v. The Manila Chronicle Publishing Corp. doubt should be resolved in favor of labor – Continental Steel Manufacturing Corp.Dec ‘09 Labor Law/Corporation Law: What distinguishes a regular company manager performing important executive tasks from a corporate officer whose election and functions are governed by the company’s by-laws. .Dec ‘09 Civil Law: Lease. De Leon Tan . People . San Miguel Corp Employees Union – Philippine Transport. San Miguel Foods. Labor Law: Death of an unborn child. somplex crime of estafa three Falsification of Commercial Document – Domingo v. Commissioner of Internal Revenue . 574. 572. Sandiganbayan Nov ‘09
Criminal Law: Encashment Slips are commercial documents. BSP . – Dec
570. – Gomez v.Dec ‘09 Procedural Law: Collateral Attack of a Final Order – Fajardo v. Inc.Heirs of Sofia Quirong v. PNOC .
579.Nov ‘09 Labor Law: “Strained Relations” – Cabigting v. prescription .Dec ‘09 Corporation Law: Stockholders not liable for acts of corporation unless they are officers who participated in the act.Dec ‘09 Foreclosure: Posting and Publication Requirements. 566. Heirs of Tarona . TD’s importance – Valdez-Tallorin v. 571. Montaño Nov ‘09 565. et al . unlawful detainer. quashal of information – sufficiency of facts alleged – Go v.
580. Wellington Co.Dec ‘09 Civil Law: Rescission and Resolution of Contracts. ‘09 568. dependent of its parents . Puerto Azul Land Dec ‘09 Tax Law: When the term “sale” is made to include certain transactions for the purpose of imposing a tax – San Roque Power Corp v. CA . 575. warranty against eviction. 578. Comandante Dec ‘09 Corporation Law: Rehabilitation – Pacific Wide Realty v.Nov ‘09 Family Law: Liability of Ascendants to provide support to descendants – Lim v.Dec ‘09 Civil Law: Damages for Libel – Yuchengco v.Nov ‘09 Procedural Law: Substituted Service of summons – Garcia v. . Apurillo . quantum meruit attorney’s fees – amended pleading – Loy v. Procedural Law: Writ of Preliminary Injunction – Equitable PCI Bank v. 562. 563. determination of jurisdiction .Dec ‘09 Procedural Law: When Summary Judgment proper.
586. Gatdula . Ariete .Feb ‘10 Voluntary Surrender – Buada v. ABS-CBN . Tuniaco .Mar ‘10
582.Feb ‘10 Cooperatives are not required to withhold taxes on interest from savings and time deposits of their members – Dumaguete Cathedral Credit Cooperative v. Yu . Nixon Lee .Jan ‘10 Negotiable Instruments Law: Liability of collecting bank – Metropolitan Bank v. Inc. 585.
Civil Law: Voidable Contracts. .Feb ‘10 Illegal Dismissal – Fulache v. Trans. CIR . 588.Feb ‘10 A summary judgment in resolving a documented claim of alleged excessive penalty charges – BPI v.Feb ‘10 Dangerous Drugs. prescription – First Philippine Holdings Corp.Feb ‘10 Duty of Judge to consider all evidence when ruling on a motion to withdraw information. res inter alias acta conspiracy – Tamargo v. 590. 597. Cement Center. 591. 595. Tan .
. . v.Feb ‘10 “Labor Code concept of permanent total disability applies to Filipino seafarers – Quitoriano v.Jan ‘10 Procedural Law: Orders of foreign Court appointing liquidators does not involve the enforcement of a foreign judgment – Peña v.Mar ‘10 Torts – Philippine Hawk Corp.Feb ‘10 Abuse of Right Principle. Yap – Feb ‘10 Mandamus will not lie for enforcing the performance of duties in which the public has no interest – Uy Kiao Eng v. Inc. COMELEC . failure to establish identity of the dangerous drug – Cacao y Prieto v. Tan Lee . Awingan . Jebsens Maritime.Feb ‘10 Corpus delicti. 602. 600. Rosqueta . 598. Art. 587.) Equities Inc. When to dismiss. 596.Mar ‘10 Jurisdiction of the COSLAP – Machado v.Feb ‘10 Verba Legis Principle – CIR v. People . . 594. CIR Feb ‘10 Violation of Section 6 of “Fair Election Act” – Garcia v.Middle East (Phils. 4 years prescriptive period. People – Mar ‘10 Public Prosecutor’s unilateral withdrawal of a motion to drop an accused from the information – Cruz v.
584. 592. 601. 583. 589. Napocor .Feb ‘10 Tax Liabilities of Pawnshops – Tambunting Pawnshop v. . affected by fear? Body of complaint and not caption and prayer determines nature of action.
599. 603. 19 NCV – Villanueva v.Feb ‘10 DOSRI Violation – Soriano v. BA Finance Corp. extrajudicial confession – People v. v. The Special Sixth Division Jan ‘10 Gratuity laws interpreted against the grant of double compensation – Herrera v.Feb ‘10 Easement of right of way – Salimbangon v. 593. Sandiganbayan .Jan ‘10 Jurisdiction over criminal actions arising from violations of PD 957 is vested in regular courts – Dazon v.581.
611. . COMELEC . 613.Apr ‘10 Family Code: Art. Executive Secretary Alberto Romulo . Sps.
621. et al. Heirs of Eugenio D. Summary Judgments – Eland Phils. 618. 620. Remo v. Suazo . 605..Apr ‘10 Intellectual Property Law: Infringement of unregistered trade name – Coffee Partners.Mar ‘10 Administrative Law: Whether the deliberate failure of the appointing authority to submit appointment paper to the CSC within 30 days from its issuance made appointment ineffective and incomplete – Obiasca v.Apr ‘10 Procedural Law: Statements of mere conclusions of law expose the complaint to a motion to dismiss on the ground of failure to state a cause of action – Del Rosario v. Trinidad – Apr ‘10 Civil Law: Sales of Real Property unit price contract. Garcia . v. 608. Milan – May ‘10 Procedural Law: Belated filing of proof of authority to sign verification and certification constitutes substantial compliance – Mediserv.Apr ‘10 Civil Law: determining existence of partnership – Heirs of Jose Lim.Apr ‘10 Tax Law: Minimum Corporate Income Tax – Chamber of Real Estate.
Bank Secrecy Law – BSP v. Court of Appeals May ‘10
609. Michael Alfo Pennisi . et al v. Cudiamat v. v. 622. Donato . et al. et al .Apr ‘10 Civil Law: Passport Act use of Maiden name of a wife – Maria Virginia V. Inc. that has jurisdiction over the regulation of the marketing and distribution of energy resources – Mactan Electric Company. v. v. 607. et al. v.Apr ‘10 Citizenship through Recognition – DOJ Secretary Raul Gonzalez.
616.Apr ‘10 Procedural Law: Exercise of equity jurisdiction – PCI Leasing Finance. and not the ERC.Apr ‘10 Procedural Law: Exception to general rule that lack of jurisdiction on the subject matter can be raised at any time and is not lost by estoppel by laches – Atty. Juliet Villa Lim . Belen . Inc.Apr ‘10 It is the Department of Energy. 610. restatement of Santos doctrinal validity on the gravity and incurability requisition – Suazo v. Subject to 32% tax – South African Airways v. v. Batangas Savings . 606. 614. Inc. 615.Mar ‘10 Off-line Carrier doing business in the Phils. Caballero. Go-Bangayan . The Hon.Mar ‘10 Election Law requirements of administrative due process do not process do not apply to the internal affairs of political parties – Atienza v.
619.Mar ‘10 Law of the Case – Heirs of Estelita Burgos-Lipat.604. San Francisco Coffee. v.Apr ‘10 Labor Law: proper computation of monetary awards of an illegally dismissed employee – Javellana v. lump sum contract – Del Prado v. Basallote . v. CIR . et al. The Hon. NAPOCOR . 36. 612. Secretary of Foreign Affairs . 617. Inc.Mar ‘10 Land Titles.
Roa y Villaluz . Rodriguez . – Evangelista v. People .May ‘10 Criminal Procedure: the task of the presiding judge when the Information is filed with the court is first and foremost to determine the existence or non-existence of probable cause for the arrest of the accused – Borlongan v.623.June ‘10 Legal Ethics: Legal Fees – Catly v.June ‘10 Election Law: registration of political coalitions. et al.May ‘10 Criminal Law. one does not have to be in actual physical possession thereof. Inc. COMELEC . Orda . Navarro .June ‘10 Procedural Law: a petition for review is the correct mode of appeal from decisions of Special Agrarian Courts shall apply only to cases appealed after the finality of this Resolution – Landbank v. Peña – June ‘10 Criminal Law: To be guilty of the crime of illegal possession of firearms and ammunition. 628. SC errors of law – exceptions.
637. – GSIS v. 629.000 for the creation of a legislative district – Sen. Court of Appeals and Irish Sagud . doubt resolved in favor of – Lima Land. Amellar Corp.May ‘10 Corporation Law: Corporation has no power.
635. 632. Loss of trust and confidence = managerial employee.Rustan Ang y Pascua v.
627. Cuevas – July ‘10 Corporation Law: A certificate of stock is the paper representative or tangible evidence of the stock itself and of various interests therein.
631. as a rule. 634. . Benigno Simeon C. 624.May ‘10 Criminal Law: Violence against women.
639. bare denials and accusations of frameup cannot. 633. the balance tips in favor of the milder form of criminal liability – Rosie Quidet v. The certificate is not a stock in the corporation but is merely evidence of the holder’s interest and status in
625.May ‘10 Constitutional Law: Interpretation of the explicit constitutional standard that requires a minimum population of 250. v. prevail over the affirmative testimony of truthful witnesses – People v.
626. – Santos v.June ‘10 Criminal Procedure: when confronted with a motion to withdrawan information on the ground of lack of probable cause based on a resolution of the DOJ Secretary.
636.May ‘10 Constitutional Law: Non-discrimination.June ‘10 Criminal Law: Negative in their nature. the bounded duty of the trial court is to make an independent assessment of the merits of such motion. 2 notice rule. Coalbrine International Philippines.
Labor Law: Omnibus Grounds cited in a dismissal notice. The Hon. Inc. Board of Commissioners . People .
630. 5 days – reasonable period. . not sufficient under the law – Benjamin v. Emotional Anguish . COMELEC . Kudos Metal Corp. except those expressly conferred on it the Corporation Code and those that are implied or incidental to its existence Republic of the Philippines v.June ‘10 Administrative Law: Essence of due process in administrative proceedings is an opportunity to seek a reconsideration. Aquino III v.June ‘10 Tax Law: Invalid waivers of prescriptive period to assess – CIR v. 638. .June ‘10 Administrative Law: Authority of HLURB to issue CDO against a government financial institution. COMELEC . et al v.
. Conspiracy: In case of reasonable doubt as to its existence. the grant of accreditation to the dominant parties – Liberal Party. Accreditation as a Party-List – Ang Ladlad LGBT Party v.
647. Ebio . order of preference not absolute – In the Matter of the Intestate Estate of Cristina AguinaldoSuntay et al. COMELEC . v. 648.
655.the corporation. Sandiganbayan .July ‘10 Criminal Law: Jurisprudence on award of damage – People v. Procedural Law: parties should desist from the practice of filing several motions to dismiss which allege the same ground. Nonimpairment clause – The Learning Child. The Intestate Estate of Francisco De Guzman . expert opinions – Obando et al v. Police Power v.
653. Carates .July ‘10 640. Ayala-Alabang Village Association and the companion case . 650.July ‘10 Labor Code: Article 291 of the Labor Code covers all money claims from employer-employee relationship.
645. Acquisitive prescription.July ‘10 Civil Code: Accretion. People . Spanish Law of Waters of 1866. The employee is not entitled to separation pay – BPI and BPI Family Bank v. Isabel Cojuangco-Suntay . Navarra . v.” – Southeastern Shipping.Aug ‘10 Land Titles: Deed of Restrictions. v. People . CENRO – not – Republic of the Phils. . Inc. “It is not limited to money claims recoverable under the Labor Code. . 643. Estoppel by Deed.July ‘10 Criminal Law: State undertaking to protect witness to whom it had given immunity from prosecution – Disini v. v. Perjury – Masangkay v. Inc. Awid . even if both statements are sworn. Hanover Worldwide Trading Corp. Angeles Electric Corp.Aug ‘10 Criminal Law: Estafa through falsification of public document (forgery of a will).
. Land registration/ confirmation/ acquisitive prescription – Office of the City Mayor of Parañaque City v. Registrar of Deeds of Las Piñas. Cheng et al . 644. Suspicion – Makati Sports Club.July ‘10 Criminal Law: Kindapping with ransom – People v.July ‘10 Civil Law: Elucidation on the “Iron Curtain bar rule” (Art.
642.July ‘10 Land Titles: Cancellation of Notice of Lis Pendens – J.
651. Question of Fact. 992).
641. necessary party. NLRC . Question of Law v. but applies also to claims of overseas contract workers. . Indispensable party v. Intestate Estate of Bruneo Casim – Aug ‘10 Land Titles: a mere showing of possession and occupation for 30 years or more is not sufficient.July ‘10 Labor Law: If an employee has been dismissed for a just cause under Article 282 of the Labor Code. et al v.July ‘10 Procedural Law: Relaxation of the 15-day period to appeal in the interest of substantial justice – PEZA v.July ‘10 Taxation: Local Government in the case of the collection of local taxes there is no express provision in the LGC prohibiting courts from issuing an injunction to restrain local governments from collecting taxes – Angeles City v. v. 654. Fraud v. Lalongisip y delos Angeles .July ‘10 Criminal Law: prosecution by merely showing the inconsistent or contradictory statements of the accused.Aug ‘10 Election Law: Legal Residence – Mitra v.PNB v. Casim Construction Supplies.
662. Jacinto . CA . 659. 669. Tigol Sept ‘10 Criminal Law: When the equipoise rule should apply – People v.
668. 672. if upon the lapse of 180 days from the date of the initial hearing there is still no approved rehabilitation plan. Bernas v. RCBC . Judicial functions v. Lee v.Sept ‘10 Redemption of Property Sold for tax delinquency – City Mayor v. v. his injury is compensable – GSIS v.
. interest – declaratory relief – CREBA v.
666. 660. Toring .Sept ‘10 Criminal Law: Agreement surrounding the issuance of dishonored checks is irrelevant to the prosecution for violation of BP 22 – Land Bank of the Phils.Sept ‘10 Family Law: The psychological incapacity should refer to “no less than mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage – Toring v. and attorney’s fees in intra-corporate controversies are not immediately executory. Zarate . 664.Aug ‘10 Procedural Law: Parent’s right not to testify in a case against his children – In re: Petition for cancellation and correction of entries in the records of birth. Heirs of Primero . Lanting Security and Watchman Agency . Macabagdal . 670. quasi-judicial functions. Alamag and Ngoju – Sept ‘10 Labor Law: If it can be proven that at the time of injury. SR Farms. Ruiz . Redemptioner. 663. 665. proper amount to be paid – Torres v. the RTC must dismiss the petition – North Bulacan Corp.Aug ‘10 Corporation Law: the prevailing rule now categorically provides that awards for moral damages. Attorney’s fees – Municipality of Tiwi v. Hon. v.Sept ‘10 Civil Law: Simulated Sales and declaration against interest – Taghoy v. 667. Reyes . Betito . 448 Builders in good faith – Luciano v. haste in rendering a decision – Atty.Aug ‘10 Procurement: Procedure for valid protest – LRA v.
673.Aug ‘10 Procedural Law: Certiorari under Rule 65 is not the proper remedy against administrative agency not exercising judicial or quasi-judicial function.
Maritime Law: Prescriptive Period for filing claims under COGSA Section 3(6) – Wallem Phils.Aug ‘10 Corporation Law: Under the Rehabilitation Rules. v.
661.Sept ’10 Rules of Court.656. the employee was acting within the scope of his employment and performing an act reasonably necessary in his work. . CA Aug ‘10 Criminal Law: Buy-Bust Chain of Custody – People v. ERC Aug ‘10 Civil Law: Contract to Sell and Contract of Sale – Montecalvo v. exemplary damages. 657. procedural law – applicable to pending cases – Heirs of Divinagracia v.Aug ‘10 Legal Ethics: Conduct of Judges. Nandi y Sali . Shipping Inc.Aug ‘10 Administrative Law: Authority of Local Government Official to engage services of outside counsel. Philippine Bank of Communications – Sept ‘10 Civil Law: Art.Sept ‘10
Oct ‘10 Contract Law: “Claims” against a performance bond. DNG Realty and Dev’t Corp. Muni . novation . CIAC.Sept ‘10 Family Law: A. Lisay v. Claim defined. 676. v. 685.
686. Ruby Shelter Builders and Realty Development Corp.
680. a function belonging to the public prosecutor. – J. Inc. Lim v. judicial review allowed where it has been clearly established that the prosecutor committed grave abuse of discretion. Bases Conversion Development Authority. the determining factor is the purpose of the implemented measure – Chevron Phils.
682. Marian Clinics. Inc. Aggabao v. – Oct ‘10 Family Law: buyers of conjugal property must observe 2 kinds of diligence. Republic .M.execution – De Leon v. it is important that the prosecution explain the reasons behind the procedural lapses and that the integrity and value of the seized evidence had been preserved. Parulan . v.
679.Oct ‘10 Procedural Law: heavy workload cannot be considered a valid justification to sidestep the reglementary period since to do so would only serve to encourage needless delays and interminable litigations.Sept ‘10 Corporation Law: suspension of actions for claims commenced only from the time a management committee or receiver is appointed. Burton Criminal Procedure: Determination of the probable cause.674. – Oct ‘10 Criminal Law: Annulment of Marriage is not a prejudicial question in criminal case for Parricide – Pimentel v. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) is confined only to proceedings commenced after March 15.Sept ‘10 Criminal Law: Dangerous Drugs – for the saving clause of Section 21 of RA No.
Land Titles: Establishing possession. Pimentel – Oct ‘10 Administrative Law: distinguishing tax and regulation as a form of police power. namely: (a) diligence in verifying the validity of the title covering the property. probable cause / estafa v. The Board of Trustees of Riverside Mills Corporation Provident . et al – Oct ‘10
677. . Intestate Estate of Mackay . 689. 687. Reynaldo .Oct ‘10 Attorney’s Fees: propriety of hearing and adjudicating a claim for attorney’s fees in the case in which the lawyer rendered his services – Estate of Siapian v. Inc. Inc. No.Oct ‘10 Procedural Law: Service of Summons – Gentle Supreme Philippines. Anscor Land. Tiosejo Investment Corp. 675. v. 2003 – Ablaza v.Oct ‘10 Civil Code: Trust funds – Metropolitan Bank and Trust Company. Public Estates Authority Contract Law: the Arbitration Clause.
. A judgment on a suit for unlawful detainer ejecting the lessees from the subject property carry with it the return of personal properties stipulated as included in the contract of lease – University Physicians’ Services.Metropolitan Bank and Trust Company v. Pagaduan y Tamayo . . – Sps. 688. Sps. 9165 to apply.Sept ‘10 Civil Law: Lease. Inc. Consulta .
681. coverage of writ of execution. and (b) the diligence in inquiring into the authority of the transacting spouse to sell conjugal property in behalf of the other spouse – Sps. foreclosure.
678. Benjamin and Eleanor Ang . – People v. v. CIAC/Complementary Contracts construed together doctrine – Prudential Guarantee and Assurance Inc. v. 683. v.Oct ‘10 Administrative Law: jurisdiction of the HLURB over an action to compel a land developer to deliver a promised title over a subdivided lot. EO 1008 Construction Industry Arbitration – William Golangco Construction Corporation v. writ of possession/remedy – Equitable PCI Bank v. 684.