Professional Documents
Culture Documents
2007 Significant Decision of Supreme Court of Phils
2007 Significant Decision of Supreme Court of Phils
DECISIONS
Min. Res., GR No. 174153, Lambino v. Comelec; GR No. 174299, Binay v. Comelec,
January 16, 2007)
The Supreme Court denied petitioner Raul Lambinos motion for leave to file a
second motion for
reconsideration of the Courts 8-7 October 25, 2006 decision upholding the
Commission on Elections
(Comelec) in denying due course to Lambino, et al.s initiative petition to change
the Constitution by
shifting to a unicameral-parliamentary form of government. The Court held that the
motion for leave
is a prohibited pleading under the 1997 Rules of Civil Procedure, as amended. It
accordingly noted
without action Lambinos second motion for reconsideration and said that no further
pleadings will
be entertained. The Court noted that the second motion for reconsideration is a
mere reiteration of
Lambinos first motion, which the Court had already denied with finality on
November 21, 2006.
GR No. 118661, Republic v. Sandiganbayan, January 22, 2007, Garcia, J.
The Supreme Court upheld the Sandiganbayans refusal to lift the order of
sequestration and approve
the Stock Purchase Agreement between the Presidential Commission on Good
Government (PCGG)
and the Government Service Insurance System over around 14 million shares of
stock of the San
Miguel Corporation. It directed the anti-graft court to once and for all resolve
ownership of the said
shares, considering the cases two-decade pendency.
GR No. 135123, Republic v. Desierto, January 22, 2007, Azcuna, J.
The Supreme Court held that there is probable cause to hold Herminio Disini, a
friend and golfing
partner of then President Ferdinand E. Marcos, for trial for violation of RA 3019, The
Anti-Graft and
Corrupt Practices, for his alleged turnover of shares of stock of two subsidiaries of
the Herdis Group, Inc.
to the latter.
|GR No. 148246, Republic v. Tuvera,
February 16, 2007, Tinga, J.
The Supreme Court reversed the Sandiganbayans dismissal on demurrer to
evidence of the case for restitution and damages instituted in 1988 by the Republic,
Liberal Party Constitution, which effectively gave Senator Drilon a fresh term
as party president, were validly ratified. Consequently, the Court held that
the issue as to whether the Comelec has jurisdiction to order the LP to hold
the election of its officers has become academic.
GR No. 153675, Government of Hong Kong
Special Administrative Region v. Judge Olalia,
Jr., April 19, 2007, Sandoval-Gutierrez, J.
Overturning the precedent set in Government of the United States v. Judge
Purganan limiting the right to bail to criminal proceedings, the Supreme
Court ruled that a potential extraditee may be granted bail on the basis of
clear and convincing evidencethat the person is not a flight risk and will
abide with all the orders and processes of the extradition court. The Court
felt a re-examination was necessary in view of, among others, the various
international treaties giving recognition and protection to human rights to
which the Philippines is a party.
GR No. 177271, BA-RA 7941 v. Comelec; GR
No. 177314, Rosales v. Comelec, May 4, 2007,
Garcia, J.
The Supreme Court ordered the Comelec to immediately disclose and release
the names of the
nominees of party-list groups or organizations accredited to participate in the
party-list elections
on May 14 in keeping with the publics right to information on matters of
public concern.
GR Nos. 172070-72, Ladlad v. Velasca,
June 1, 2007, Carpio, J.
The Supreme Court ordered the Regional Trial Court, Branch 150 of Makati
City to dismiss the
criminal cases for rebellion against six party-list representatives and four
private individuals after
finding that the prosecutors were guilty of prejudgment, a determination to
file the Information
even in the absence of probable cause.
GR No. 160188, Valenzuela v. People,
June 21, 2007, Tinga, J.
The Court ruled that theft can never be frustrated as its element of unlawful
taking, or apoderamiento, is deemed complete from the moment the
offender gains possession of the thing, even if he has no opportunity to
dispose of the same.
GR No. 158672, COA v. Hinampas; GR No.
(JVA) between the National Housing Authority (NHA) and R-II Builders, Inc.
and all other
agreements in relation to the JVA for the reclamation and development of the
Smokey
Mountain dumpsite into a low-cost housing project under the Smokey
Mountain Development
and Reclamation Project (Project).
GR No. 170656-170657, Metropolitan
Manila Development Authority v. Viron,
August 15, 2007, Carpio-Morales, J.
The Supreme Court held that the MMDA is without authority to order the
closure of
provincial bus terminals along Epifanio de los Santos Avenue (EDSA) and
major thoroughfares
of Metro Manila not only because no authority to implement the Greater
Manila Transport System Project under EO 179 has been granted nor
legislative or police power been delegated to it, but also because the
elimination of the terminals does not satisfy the standards of a valid police
power measure.
GR No. 173034, Pharmaceutical and Health
Care Association of the Philippines v. Duque,
Oct. 9, 2007, Austria-Martinez, J.
The Supreme Court declared null and void sections 4(f), 11, and 46 of the
Department of
Healths Revised Implementing Rules and Regulations of the Milk Code,
which call for an
absolute ban on advertising, promotions, sponsorships or marketing
materials and
activities for breast milk substitutes and provides for administrative
sanctions not found in the law, respectively, for being ultra vires.
GR No. 121666, Commissioner of Internal
Revenue v. Manila Electric Company (MERALCO),
October 10, 2007, Carpio Morales, J.
The Supreme Court upheld both the Court of Tax Appeals and the Court of
Appeals in
ordering a tax refund or, in the alternative, the issuance of a tax credit
certificate to MERALCO
in the amount of PhP107,649,729.00 for overpaid taxes.
GR No. 171053, Sehwani, Inc. and/or
Benitas Frites v. In-N-Out Burgers, Inc.,
October 15, 2007, Ynares-Santiago, J.
The Supreme Court upheld the Supervision and Regulation Fee (SRF)
assessments of the NTC on petitioner PLDTs stock dividends. Under CA
146,The Public Service Act, the NTC is authorized to collect from public
telecommunications companies SRF of PhP0.50 for every PhP100 or a
fraction of the capital and stock subscribed or paid for of a stock corporation,
partnership, or single proprietorship of the capital invested, or of the
property and equipment, whichever is higher. The Court noted that the PLDT
stockholders, by receiving stock dividends, are forced to exchange the
monetary value of their dividends for capital stock, and the monetary value
they forego is considered the actual payment for the original issuance of the
stocks given as dividends. Therefore, stock dividends acquired by
shareholders for the monetary value they forego are under the coverage of
the SRF
GR Nos. 17353-56, PCGG v. Tan,
December 7, 2007, Sandoval-Gutierrez, J.
The Supreme Court declared null and void and of no legal effect the writs of
sequestration issued
by the Philippine Commission on Good Government (PCGG) over the shares
of stock of
Lucio C. Tan, et al., in Allied Banking Corporation for lack of prima facie
evidence sufficient to warrant the sequestration of the shares of stock of Tan,
et al. as ill-gotten wealth.
GR No. 167173, Standard Chartered Bank
(Philippine Branch) v. Senate Committee on
Banks, Financial Institutions, and Currencies,
December 27, 2007, Nachura, J.
The Supreme Court denied for lack of merit the petition of Standard
Chartered Bank (Philippine
Branch) and the latters officers to stop the inquiry of respondent Senate
Committee, chaired by
Senator Edgardo J. Angara, into the formers alleged selling of unregistered
foreign securities in
violation of RA 8799, The Securities Regulation Code. The Court stressed that
the exercise of sovereign legislative authority, of which the power of
legislative inquiry is an essential component, cannot be made subordinate to
a criminal or administrative investigation before a court or a quasi judicial
body.