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

75. Blanket Mortgage Clause or Dragnet Clause – Prudential Bank vs. Don A. Aviar and Georgia B. Aviar – Aug ‘05 76. Notice Resetting Pre-Trial – Advance Textile Mills, Inc., vs. Tan, doing business under the name WCT Manufacturing – Aug ‘05 77. Insurance Business – White Gold Marine Services, Inc., vs. Pioneer Insurance – Aug ‘05 78. Requirement of “Offense Committed is in relation to the Office” – Adaza vs. Sandiganbayan – Aug ‘05 79. Lands Classified as Mineral exempt from Agrarian Reform – Aninao vs. Asturias Chemical Industries, Inc. – Aug ‘05 80. Labor Law: Regularization attaches immediately after end of one year period– Kay Products, Inc. and/or Kay Lee vs. Hon. Court of Appeals – Aug ‘05 81. Formal Substitution of deceased litigant not necessary if heirs voluntarily appear in case – Spouses Julita and Felipe dela Cruz vs. Joaquin – Aug ‘05 82. Joinder of Indispensible Parties – Lotte Phil. Co., Inc., vs. Dela Cruz – Aug ‘05

83. Intestate or Probate Court does not have jurisdiction to determine questions of ownership-after inventory is already approved –Pacioles, Jr. vs. Chuatoco-Ching – Sept ‘05 84. Redemption period and right of redemption – Sps. Landrito, Jr. and Edgalani vs. The Hon. Court of Appeals – Sept ‘05

Supreme Court Decision Continuation: 85. Proper procedure in questioning a filed information – Balatazar vs. Pantig – Sept ‘05 86. Cross Border Doctrine/Fiction of the ECOZONE as a foreign territory – Commissioner of Internal Revenue vs. Toshiba Information Equipment (Phils.), Inc., Sept ‘05 87. Labor Law: Closure or cessation of an undertaking– Alabang Country Club Inc., vs. National Labor Relation Commission – Sept ‘05 88. Supervening Event – Silverio Jr., vs. Filipino Business Consultants, Inc. – Sept ‘05

89. Private Complaining party has no right to appeal decision of disciplining authority – The National Appellate Board (NAB) of the National Police Commission (NAPOLCOM) vs. P/Insp. Mamauag – Sept ‘05 90. BP 22, Statement of Facts/Elements of – Ongson vs. People of the Philippines – Sept ‘05 91. reiteration of ruling in Dai-Chi Electronics Manufacturing as Villarama (Labor Law) – Yusen Air and Sea Service Philippines, Inc., vs. Villamor – Sept ‘05 92. Dealings thru a “fixer” negate good faith - Civil Service Commission vs. Maala –– Sept ‘05 93. Pleadings must Specify amount of damages in both body and prayer – Siapno vs. Manalo – Sept ‘05 94. Filiation & Status of Children: Presumption of Legitimacy –Concepcion vs. Court of Appeals – Sept ‘05 95. Exclusion of Counsel from Criminal Complaints – Republic of the Philippines vs. Hon. Desierto – Sept ‘05 96. Evidence: Birth Certificate not signed by either parent not proof of legitimate filiation– Belen Sagad Angeles vs. Aleli “Corazon” Angeles Maglaya –Oct ‘05 97. When Market Value will determine jurisdiction over reconveyance – Barangay Piapi vs. Talip representing the Heirs of Jayag – Oct ‘05 98. Suits by developers of subdivision for unpaid amortization cognizable by HLURB – Francel Realty Corporation vs. Sycip – Oct ‘05 Supreme Court Decision Continuation: 99. tender of a check, Sufficient to compel redemption – Biana vs. Gimenez – Oct ‘05 100. Anticipating Breach/Failure to State a Cause of Action – Danfoss, Inc. vs. Continental Cement Corp. – Oct ‘05 101. “Fresh Period Rule” of 15 days within which to file Notice of Appeal –Neypes vs. Hon. Court of Appeals – Oct ‘05 102. Void Judgements – Roces vs. House of Representatives Electoral Tribunal – Oct ‘05 103. Article 1191 of the Civil Code: Power to Rescind Obligations –Casiño Jr. vs. The Court of Appeals – Oct ‘05

104. Declaratory Relief should be filed before a breach/Prescription of Mortgage – Tambunting, Jr. vs. Sps. Sumabat – Oct ‘05 105. P.D. 1517, Right of First Refusal – Sps. Roberto and Natividad Valderama vs. Macalde – Oct ‘05 106. Third-Party Complaint for Cancellation of title deemed a direct attack – Sps. Amancio and Luisa Sarmiento vs. The Hon. Court of Appeals – Oct ‘05 107. Trademarks – Levi Strauss & Co., vs. Clinton Apparelle, Inc. – Oct ‘05 108. “Contract to Sell” – Sacobia Hills Development Corp., vs. Ty – Oct ‘05 109. Public Bidding – Public Estate Authority vs. Bolinao Security –Nov ‘05 110. Tax Law: Real Estate Tax based on amount in deed conveyance, invalid – Allied Banking Corporation vs. The Quezon City Government – Nov ‘05 111. Authority to Contract Foreign Loans – Sps. Constatino, Jr., vs. Hon. Cuisia – Nov ‘05 112. Powers of Home Insurance Guarantee Corporation – Metro Properties, Inc., vs. Magallanes Village Association – Nov ‘05 113. Martial Law perse is not a consent-vitiating phenomenon – Philippine Free Press, Inc., vs. Court of Appeals – Nov ‘05

Supreme Court Decision Continuation: 114. Land Titles: Notice of delinquency sale – Sps. Ramon and Rosita Tan vs. Bantegui – Nov ‘05 115. Mortgagee-Creditor does not assume liabilities of mortgagor towards its employees – Barayoga vs. Asset Privatization – Nov ‘05 116. Corporate Law: Residence of a Corporation – Hyatt Elevators and Escalators Corporation vs. Goldstar Elevators, Phils., Inc. – Nov ‘05 117. Tort: Res ipsa loquitur –Perla Compania de Seguros, Inc., vs. Sps. Sarangaya III – Nov ‘05 118. Proper mode of appeal for orders of the RTC in Local Tax Cases –Yamane vs. BA Lepanto Condominium Corporation – Nov ‘05

119. Tax Law: 2 year prescriptive period under Sec. 230(now Sec. 229) of the NIRC – Commissioner of Internal Revenue vs. Philippine National Bank – Nov ‘05 120. Duties of Bank – Prudential Bank vs. Lim –Dec ‘05 121. Surely Agreements – Trade & Investment Development Corporation of the Philippines (Formerly Philippine Export & Foreign Loan Guarantee Corporation) vs. Roblett Industrial Construction Corporation – Dec ‘05 122. Foreign Depositions – Pfeger R. Dulay vs. Rodrigo S. Dulay – Dec ‘05 123. Construction Arbitration – R-II Builders, Inc., vs. Construction Industry Arbitration Commission and Companion Case – Dec ‘05 124. Libel: Requirement of “printed and first published” merely formal –Banal III vs. Hon. Panganiban – Dec ‘05 Authority to Sign Certificate of Non Forum Shopping – China Banking Corporation vs. Mondragon International Philippines, Inc. – Dec ‘05 Resolution for expropriation by LGU cannot suspend writ of execution – Antonio vs. Hon. Geronimo – Dec ‘05 Evidence: Application for Insurance & Insurance Policy are admissible evidence – Yu vs. Hon. Court of Appeals – Dec ‘05 Bigamy, Moral damages – Manuel vs. People of Philippines – Dec ‘05

125.

126.

127.

128.

Supreme Court Decision Continuation: 129. Justifiable delays do not infringe right to Speedy trial – Domondon vs. Hon. 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. Social Security System and Social Security Commission – Dec ‘05 Interpretation of Contracts –Manila International Airport Authority vs. The Hon. Gingoyon –Jan ‘06 Compromise Agreement – Sps. Ramos and Valdez vs. Hon. Court of Appeals – Jan ‘06 Remedial Law: Use of Deposition – Sales vs. Sabino – Jan ‘06

130.

131.

132.

133.

134.

Taxation: Demand Letter for tax deficiency assessments signed by authorized subordinate officer, is deemed final – Oceanic Wireless Network, Inc., vs. Commissioner of Internal Revenue – Jan ‘06 Buyers not in Good Faith – Sps. Danilo and Alberta Domingo vs. Reed – Jan ‘06 Declaration of Presumptive Death – Republic of the Philippines vs. The Hon. Court of Appeals – Jan ‘06 Taxation: Government Agencies have no power to grant tax exemptions – Republic of the Philippines vs. City of Kidapawan – Jan ‘06 Land Titles: irregularly issued title can be cancelled administrative by LRA – Manotok VI vs. Heirs of Homer L. Barque represented by Teresita Barque Hernandez – Jan ‘06 Defamation and Freedom of the Press – Phil. Journalists, Inc., vs. Thoenen – Jan ‘06 Sales; Builders in Good Faith/Bad Faith – Carrascoso, Jr. vs. The Hon. Court of Appeals and Companion Case – Jan ‘06 III gotten wealth – Yuchengco and Y Realty Corporation and Company Case vs. The Hon. Sandiganbayan –Feb ‘06 Civil Law: Co-ownership – Arnelito Adlawan vs. Emeterio Adlawan – Feb ‘06 Expropriation: Genuine necessity for public use –Masikip vs. The City of Pasig – Feb ‘06 Supreme Court Decision Continuation:

135. 136. 137. 138.

139. 140. 141.

142. 143.

144.

Schools Sexual Harassment rules must be published – Gatbonton vs. National Labor Relations Commission – Feb ‘06 Sale of Pledged Property – Sps. Paray and Espeleta vs. Dra. Rodriguez – Feb ‘06 Transportation Law: Voyage Charter – Loadstar shipping Co., vs. Pioneer Asia Insurance Corp., - Feb ‘06 Legal Ethics: disbarment – Soriano vs. Atty. Dizon – Feb ‘06 Jurisdiction of CIAC –Gammon Philippines, Inc. vs. Metro Rail Transit Development – Feb ‘06 PIATCO Case – Republic of the Philippines vs. Hon. 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. Energy Regulatory Commission (ERC) – Mar ‘06

145. 146.

147. 148.

149. 150.

151.

Estafa through falsification of public document – Gonzaludo vs. People of the Philippines – Mar ‘06 Violation of PD 115 – Trust Receipts – Ching vs. The Secretary of Justice – Mar ‘06

152.

153.

Smuggling Section 2505 Tariff and Customs Code –Jardeleza vs. People of the Philippines – Mar ‘06 Evidence: Similar Acts – Boston Bank of the Philippines, (formerly Bank of Commerce) vs. Manalo – Mar ‘06 CSE and CES eligibility – House of Representative vs. Atty. Loanzon – Mar ‘06 Attempted Rape reduced to unjust vexation – Baleros Jr. vs. People of the Philippines – Mar ‘06 Prohibition on importation of used cars in Freeport void. – Hon. Executive Secretary vs. Southwing Heavy Industries and Companion Case – Mar ‘06 Supreme Court Decision Continuation:

154.

155. 156.

157.

158.

Legal Ethics: use of disrespectful language in Pleadings –Judge Lacurom vs. Atty. Jacoba – Apr ‘06 Remedial Law: Taking of Deposition should be respected anent any evidence that a party prejudiced thereby – Hyatt Industrial Manufacturing Corp., vs. Ley Construction and Development Corp., - Apr ‘06 Family Law: Congenital Lying is ground for nullity of marriage – Antonio vs. Reyes – Apr ‘06 Remedial Law: Res Judicata Bar by prior judgement Conclusiveness of Judgement – Republic of the Philippines (Civil Aeronautics Administration) vs. Yu – Apr ‘06 Criminal Law: Person who did not sign Check, liable for Estafa under Art 315 of RPC – Ramos-Andan vs. People of the Philippines – Apr ‘06 Election Law: Computation for additional Party List seats – Partido Manggagawa (PM) vs. The Hon. Commission on Election (COMELEC) – Apr ‘06 Remedial Law: Jurisdiction of ERB to issue reconnection orders –MERALCO vs. Energy Regulatory Board (ERB) – Apr ‘06 Injunction Exception to PD 1818 – Hernandez vs. National Power Corporation – Apr ‘06

159.

160.

161.

162.

163.

164.

165.

166.

Disability Compensation for Overseas Seafarers. – Remegio vs. National Labor Relations Commission –May ‘06 National ID System Case (E.O. 420) – Kilusang Mayo Uno and Companion Case vs. The Director-General – May ‘06 E.O. 464 Executive Privilege –Senate of the Philippines vs. Ermita and Companion Case – May ‘06 PD 880 Calculated Pre-emptive response (CPR) –Bayan vs. Ermita and Companion Case –May ‘06 Attorney’s Lien in cases involving executors and administrators of an Estate – Salonga Hernandez & Allado vs. Pascual –June ‘06 Degree of care banks should employ in taking care of the money of its Depositors – Citibank vs. Sps. Luis and Carmelita Cabamongan – June ‘06 State Immunity ; when can it be invoked – Philippine Agila Satellite Inc., vs. Trinidad-Lichauco – June ‘06

167.

168.

169.

170.

171.

172.

Supreme Court Decision Continuation: 173. Political Law: Presidential Proclamation 1017, powers of the executive declare state of rebellion and its parameter – Prof. David and Companion Cases vs. Gloria Macapagal-Arroyo – June ‘06 Stipulation’s in the CBA should be respected following the principle of “stare decisis” –Cainta Catholic School and Msgr. Balbago vs. Cainta Catholic Scholl Employees Union (CCSEU). – 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. Enciso – June ‘06 Inhibition of Judges or Justices – People of the Philippines vs. Hon. Justice Ong – June ‘06 TROs are valid only for 20 days, non-working days are included in the computations, except when the last day falls on a non-working day – BPI(formerly Far East Bank and Trust Company) vs. Court of Appeals and Jimmy Go –July ‘06 DPWH does not have the power to regulate Limited Access Highways, this power belongs to the DOTC – Mirasol vs. DPWH – July ‘06

174.

175.

176.

177.

178.

179.

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. Sadac – July ‘06 Proper parties to file a complaint against a judge –Atty. Balayon Jr., vs. Judge Dinopol – July ‘06 Right Action vis a vis Cause of Action – Multi0Realty Development Corp. vs. The Makati Tuscany Condominium Corp. – July ‘06 Freedom of Religion, when can common law relationship be not considered as immoral or disgraceful – Estrada 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, provided that the LRA makes a favorable report – Republic of the Philippines represented by the Land Registration Authority vs. Sps. 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, the same is gross negligence – Erasusta Jr., vs. Court of Appeals – Aug ‘06 MIAA’s Airport land and Buildings are exempt from real property taxation – Manila International Airport Authority vs. Court of Appeals – Aug ‘06 Supreme Court Decision Continuation:

180.

181.

182.

183.

184.

185.

186.

Mandamus, there must be actual refusal to do something not merely anticipated – Philippine Coconut Authority vs. Primex Coco Products, Inc. – Aug ‘06 Constitutional Law: Power of the President to appoint Lower Ranked Officers – Rufino vs. Endriga – Aug ‘06 Co-ownership in case of common law marriages, if the parties are not capacitated to many individual contribution must be proved –Rivera vs. Heirs of Villanueva – Aug ‘06 Constitutional Law: Commission on Human Rights, a Constitutional Body with limited fiscal autonomy – Commission of Human Rights Employees’ Association Represented by its President, Marcial A. Sanchez Jr., vs. 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, Jr., vs. Atty. 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, substituted by Manuel Raymond Acol vs. Philippine Commercial Credit Card Incorporated – Aug ‘06

187.

188.

189.

190.

191.

192.

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, Inc. vs. Secretary Michael Defensor –Sept ‘06 RA 9189 extends to Filipinos who have dual citizenship – Nicolas-Lewis vs. Commission on Election – Sept ‘06 The use of laches as a defense should be based on equity and justice – Cruz vs. Cristobal – Sept ‘06 Remedial Law – Guidelines on what documents should accompany a Petition for Certiorari –Air Philippines Corp. 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, for public purposes after the payment of just compensation – Beluso vs. The Municipality of Panay – Sept ‘06 Principle of Adoptive Admission – Republic of the Philippines, represented by the Land Registration Authority vs. Kenrick Development Corp., - Sept ‘06 Civil Law – Assumption of Properties carries with it the assumption of all obligations –Caltex(Philippines), Inc. vs. PNOC Shipping and Transport Corporation – Sept ‘06 Supreme Court Decision Continuation:

193.

194.

195.

196.

197.

198.

199.

Election Law – Sec 40(a) of the Local Government Code does not apply to those who have not served their sentence - Moreno vs. Commission on Elections and Norma L. Mejes – Sept ‘06 Taxation – Effectivity of the E Vat vis a vie the 3% excise tax – Commissioner of Internal Revenue vs. Philippine Global Communications, Inc. – Sept ‘06 Civil Law – Right of First Refusal – There must be meeting of the minds, otherwise, the right of first refusal deemed waived –Villegas vs. The Court of Appeals – Sept ‘06 Criminal Law – Juveniles in conflict with the Law who commits a crime punishable by Death, Reclusion Perpetua or Life imprisonment is disqualified to avail of a suspended sentence – Declarador vs. Hon. Gubaton – Sept ‘06 Remedial Law – A case on appeal to the CA, and in which an order of execution has been issued, is considered as still pending, so that all proceedings on the execution are proceedings in the suit – Villaflores vs. RAM System Services, Inc. – Sept ‘06 Falsification – What is considered taking advantage of official function – Giron Jr., vs. Sandiganbayan – Sept ‘06

200.

201.

202.

203.

204.

205.

Legal Fees – the charging of fees must be based on the principles of quantum meruit. Lawyers should be discouraged from filing suits for collection of fees. Only when there are no other alternatives should this course of action be considered. – Pineda vs. Atty. De Jesus – Sept ‘06 For Purposes of Minimum Corporate Income Tax (MCIT), Revenue Regulation 4-95, in trift banks the four year grace period starts to run, from the time of registration with the BIR or upon the issuance of the authority to act as such, which ever comes latter – The Manila Banking Corp., vs. 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; and (2) the underlying economic realities of the activity or relationship –Francisco vs. National Labor Relations Commission – Sept ‘06 Alterations in the serial number of a check not considered as material alterations – The International Corporate Bank, Inc., vs. Court of Appeals and Phil. National Bank – Oct ‘06 Requirements for the termination of a Probationary employee. –Cathay Pacific Airways, Limited vs. Marin – Oct ‘06

206.

207.

208.

209.

Supreme Court Decision Continuation: 210. Fighting for your clients cause not at the cost of justice and the truth – Plus Builders, Inc. and Garcia vs. Atty. Revilla – Oct ‘06 When is a Motion for Reconsideration considered as a Motion for New Trial – Republic of the Philippines vs. Asuncion – Oct ‘06 Conflict of Interest – Paz vs. Atty. Sanchez – Oct ‘06 The Jusmag and NOVA case – Republic of the Philippines vs. Southside Homeowners Association, Inc. and the Companion Case – Oct ‘06 When the dismissal is grounded on a just cause, the lack of procedural due process does not negate the dismissal. – Ace Promotion and Marketing Corporation vs. Ursabia – Oct ‘06 “When the owner’s duplicate certificate of title has not been lost, but is in fact in the possession of another person, then the reconstituted certificate is void, because the court that rendered the decision had no jurisdiction. – Remegia Y. Feliciano, substituted by the Heirs Remegia Y. Feliciano, as represented by Nilo Y. Feliciano vs. Sps. Aurelio and Luz Zaldivar – Oct ‘06

211.

212. 213.

214.

215.

216.

Office of the Special prosecutor does not have the power to file informations in the Sandiganbayan, this power is vested only in the Office of the Ombudsman – Perez and Apostol vs. Hon. 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. – Commissioner of Internal Revenue vs. Citytrust Investment Phils., Inc. – Oct ‘06 Contract of Sale is merely a prima facie presumption of delivery –Copuyuc vs. De Sola –Nov ‘06 Labor Law: Misuse of fixed-term employment contract – Innodata Philippines, Inc. vs. Quejada-Lopez – Nov ‘06 Absence of Counsel at pre-trial when parties are themselves present – Paredes vs. Verano – Nov ‘06 Petition for Certiorari (Rule 65) to Supreme Court proper procedure to question resolution of Ombudsman in Criminal Cases – Baviera vs. Zoleta – Nov ‘06 Evidence: Best Evidence Rule – Citibank vs. Sabeniano – Nov ‘06 Change of Theory on Appeal prohibited; input VAT on capital goods – Commissioner of Internal Revenue vs. Mirant Pagbilao Corporation (formerly Southern Energy Quezon, Inc.) – Nov ‘06 HLURB: Subdivision Project – Ruben S. Sia and Josephine Sia vs. People of the Philippines and Teresita Lee – Nov ‘06 Fair and True Reporting – GMA Network, Inc. vs. Bustons, M.D. – Nov ‘06 Attorney’s Lien – Francisco Motors Corp., vs. Hon. Court of Appeals and Raquiza – Nov ‘06 Execution of Foreign Judgement – St. Aviation Services Co., PTE., LTD., vs. Grand International Airways, Inc. – Nov ‘06 Family Law: Legal Separation –Ong Eng Kiam a.k.a. William Ong vs. Lucita G. Ong – Nov ‘06 Just Compensation: Gabatin case or Natividad case? –Meneses vs. Secretary of Agrarian Reform – Nov ‘06 Principal party alone may sign Certificate of non-forum shopping; Trial Courts have jurisdiction over actions for (final) injunction even involving government contracts. – The bases conversion and development authority vs. Uy –Dec ‘06

217.

218.

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220.

221.

222. 223.

224.

225. 226.

227.

228.

229.

230.

231.

Procedural Law: Remedies under Rule 45 and Rule 65 are mutually exclusive – Nagkahiusang Mamumuo sa Picop Resources Inc., vs. The Hon. Court of Appeals – Dec ‘06 Torts: Principle of res ipsa loquitur to establish negligence –Capili vs. Sps. Dominador Cardaña and Rosalita Cardaña – Dec ‘06 Labor Law: Breach of trust under Article 282 of Labor Code. – Sy vs. Metropolitan Bank & Trust Company – Dec ‘06 HLURB Sec. 23 of P.D. 957 – Zamora Realty vs. Office of the President of the Philippines – Dec ‘06 Election Law: Disqualification – Lanot vs. Commission on Elections – Dec ‘06 Land Titles: PD 892 and Spanish Titles –Santiago vs. Subic Bay Metropolitan Authority – Dec ‘06 Prohibition on the Impairment of Contracts. – Lepanto Consolidated Mining Co. vs. WMC Resources Int’l Pty. Ltd. – Dec ‘06

232.

233.

234.

235. 236.

237.

Supreme Court Decision Continuation: 238. Election Law: election contest; simultaneous prosecution of pre-proclamation controversies and election protest – Tan and Company Case vs. Commission on Elections – Dec ‘06 Indirect Contempt – Limbona vs. Hon. Judge Lee – Dec ‘06 Trial Courts residual Jurisdiction – City of Cebu vs. Del Rosario – Dec ‘06 Mining Law: Application for MPSA –PNOC-Energy Development Corp. (PNOC-EDC) vs. Veneracion, Jr. – Dec ‘06 Contract of Sale: Mutuality. – Villanueva vs. Philippine National Bank (PNB) – Jan ‘07 Epira Law – Manila Electric Company Inc. and Companion Case vs. Lualhati – Jan ‘07 Agrarian Dispute: Jurisdiction of DARAB – Guiang vs. Court of Appeals – Jan ‘07 245. Vicarious Liability of hospitals for Negligence of visiting physicians –Nogales vs. Capitol Medical Center – Jan ‘07

239. 240. 241.

242.

243.

244.

246. 247. 248. 249. 250.

Criminal Law: Art. 218 Failure of Accountable Officers to render accounts – Campomanes vs. People of the Philippines – Jan ‘07 Agency: Article 1873 Civil Code – Gozun vs. Jose Teofilo T. Mercado a.k.a. Don Pepito Mercado – Jan ‘07 Exclusivity Clause is not per se restraint of trade. – Avon Cosmetics, Inc., vs. Luna – Jan ‘07 Evidence : Disputable Presumptions – Sps. Pedro and Paz Surtida vs. Rural Bank of Malinao (Albay) – Jan ‘07 Appreciation of Evidence – Republic of the Philippines vs. Hon. Ombudsman Desierto –Feb ‘07 Remedial Law: Intra-Corporate dispute as a pre-judicial question. –Omictin vs. Hon. Court of Appeals – Feb ‘07 Tax Law: Qualification for –zero-rating – Commissioner of Internal Revenue vs. Burmeister – Feb ‘07

251.

252.

Supreme Court Decision Continuation: 253. Alternative Dispute Resolution: Arbitration Clause is a separate agreement independent of main contract. –Gonzales vs. Climax Mining Ltd. And Companion Cases – Feb ‘07 Labor Law: Evidence of employment; corporation law: grounds for piercing corporate veil; personal liability of directors. – Mcleod vs. National Labor Relations Commission - Feb ‘07 Sec. 12, R.A. 6758 Consolidation of allowances and Compensation. – Public Estates Authority vs. Commission on Audit – Feb ‘07 Labor Law: Strike determined by the totality of the circumstances surrounding the situation. – Santa Rosa Coca-Cola Plant Employees Union vs. CocaCola Bottlers Philippines Inc. – Feb ‘07 Reclassification of Lands by DAR and Local Government – Department of Agrarian Reform vs. Sarangani Agricultural Co., Inc. – Feb ‘07 Family Law: Van Dorn restated – Edgar San Luis and the Companion Case vs. Felicidad San Luis – Feb ‘07 Remedial Law: Remedy to obtain reversal or modification of judgement is appeal; Labor: No new evidence can be presented for the first time in position papers – Solgus Corporation vs. Hon. Court of Appeals –Mar ‘07

254.

255.

256.

257.

258.

259.

260.

CARP: Just Compensation also connotes prompt payment: Power of Supreme Court to decide entire controversy in single proceeding. –Apo Fruits Corp. vs. The Hon. Court of Appeals – Mar ‘07 Rehabilitation Proceedings: Suspension of executory labor claims – Philippine Airlines, Inc., vs. Zamora – Mar ‘07 Guidelines for establishing psychological Incapacity. – Zamora vs. Court of Appeals – Mar ‘07 Criminal Charge for violation of Securities Regulation Code must first be referred to SEC – Baviera vs. Paglinawan and the Companion Case – Mar ‘07 Corporation Law: Rehabilitation merely suspends enforcement of claims – Metropolitan Bank & Trust Company vs. ASB Holdings, Inc., - Mar ‘07 Documents presented during preliminary investigation vested with privileged character –Alcantara vs. Ponce – Mar ‘07

261.

262.

263.

264.

265.

Supreme Court Decision Continuation: 266. PNP Chief has jurisdiction to take cognizance of complaints against erring policemen, concurrent jurisdiction with PLEB – Deputy Director General Roberto Lastimoso vs. P/Senior Inspector Jose J. Asayo –Apr ‘07 CESO in inactive status: Two conflicting final and executory decisions. – Collantes vs. Hon. 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. Planters Products, Inc. – Apr ‘07 Evidence: To establish forgery the standards laid down in Ladignon should be met – Rivera vs. Turiano – Apr ‘07 Action for Judicial Redemption, Hi-Yield Realty, Inc. restated – Tolentino M.D., vs. Court of Appeals – Apr ‘07 Election Law: Exception to general rule that a pre-proclamation case is no longer viable after a proclamation. – Mayor Jainal vs. 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, and interest; separate civil action cannot separately maintained – Silangan Textile Manufacturing Corp., vs. Hon. Avelino G. Demtria – Apr ‘07

267.

268.

269.

270.

271.

272.

273.

Labor: Amended Article 128(b) DOLE can exercise jurisdiction regardless of the monetary value no longer limited by P5,000 per claimant – V.L. enterprises and/or Faustino J. Visitacion vs. Hon. Court of Appeals – Apr ‘07 Labor Law: Employees may invoke either the Workmen’s Compensation Act or the provision of the Civil Code, subject to the consequence that the choice of one remedy will exclude the other – Candano Shipping Lines, Inc., vs. Florentina J. SugataOn – Apr ‘07 Defense of State Immunity from suit does not apply when official is charged for unauthorized acts. – The Department of Health vs. Philippine Pharmawealth Inc., Apr ‘07 Election Law: Where a proclamation is null and void, it is no proclamation and COMELEC can annul proclamation even after assumption of office –Arbonida vs. Commission on Elections – Apr ‘07 Sec. 6 Rule 39 of Rules of Court does not apply to land Registration Case. – Ting vs. Heirs of Diego Lirio – Apr ‘07

274.

275.

276.

277.

Supreme Court Decision Continuation: 278. Provative value of the result of the return. – Mayor Noel E. Rosal vs. 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, represented by the Philippine Department of Justice vs. Hon. Olalia –May ‘07 Agency: Article 1897. New Civil Code – Eurotech Industrial Technologies, Inc., 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. Fr. Cayat and the Companion Case vs. COMELEC – May ‘07 Secretary of Justice’s resolution on a complaint can only be reversed if there is grave abuse of discretion. – Chua vs. Padillo – May ‘07 A candidate, being under age, can be considered to have filed a valid certificate of candidacy, and can be validly substituted. – Luna vs. COMELEC – May ‘07 VAT on Health Care Service Providers. – Commissioner of Internal Revenue vs. Philippine Health Care Providers, Inc., - May ‘07 Labor Law: Misconduct as a ground for Termination Standards –Supreme Steel Pipe Corporation vs. Bardaje – May ‘07

279.

280.

281.

282.

283.

284.

285.

286.

Doctrine of Mortgagee in good faith – Bank of Commerce vs. Sps. San Pablo – May ‘07 Election Law: Disclosure of Party List Nominees – Bantay Republic Act of BARA 7941 and the Companion Case vs. COMELEC – Jun ‘07 INP retirees are deemed PNP retirees and entitled to same benefits. – Department of Budget and Management vs. Manila Finest Retirees Association, Inc., Jun ‘07 R.A. 9225 Dual Citizenship – AASJS (Advocates and Adherents of Social Justice for Scholl Teachers and Allied Workers) Member – Hector Gumangan Calilun vs. The Hon. Datumanong, in his official capacity as the Secretary of Justice – Jun ‘07 Proximate cause, liability of employer for acts of negligent employee – Mercury Drug Corporation vs. Sebastian Baking – Jun ‘07 Libelous imputation: Four Requisites – Diaz vs. People of the Philippines – Jun ‘07 Expropriation: No Taking if government paid rental fees –Tan vs. The Republic of the Philippines – Jun ‘07 Concept of “Transacting business in the Philippines” – B. Van Zuiden Bros., Ltd., vs. GTVL Manufacturing Industries, Inc., - Jun ‘07 Procedural Law: Remedies to undo deleterious consequence - Victory Liner, Inc., vs. Malinias – Jun ‘07 Void inquest; irregular preliminary investigation – Ladlad vs. Senior State Prosecutor Emmanuel Y Velasco and the Companion Case – Jul ‘07 Naturalization – Petition for Admission as Citizens of the Philippines vs. 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. Dita Maquilan – Jul ‘07 Tax Law: American Express ruling restated. Section 102(b)(2), NIRC, ZeroVat due certain services. – CIR vs. Placer Dome Technical services Inc., - Jul ‘07 Periods imposed to block the acquisition of Security of Tenure are contrary to public policy – Dumpit-Murillo 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, Inc., vs. Oberio – Jul ‘07

287.

288.

289.

290.

291. 292.

293.

294.

295.

296.

297.

298.

299.

300.

301.

Preliminary injunction cannot be issued if it will change the status quo ante litem. –OWWA vs. Atty. Chavez – Jul ‘07 Judicial determination of probable cause for issuance of warrant of arrest – AAA vs. Hon. Carbonell – Jul ‘07 Expropriation: exception to rule that just compensation is reckoned from time of taking – Heirs of Mateo Pidacan vs. 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. –Vinzons-Chato vs. Fortune Tobacco Corp., - Jul ‘07 Notice to Vacate within 15 days and to pay is jurisdictional requirement in unlawful detainer – Larano vs. Sps. Calendacion – Jul ‘07 Supreme Court Decision Continuation:

302.

303.

304.

305.

306.

Search warrants, Tradename infringement. –Yao, Sr. vs. People of the Philippines – Jul ‘07 In Labor only contracting, the law creates an employer – employee relationship –Manaya vs. Alabang Country Club Inc., - Jul ‘07 Procedural Law: Intervention – Union Bank of the Philippines vs. Concepcion – Jul ‘07 Conventional Subrogation and assignment of credits – Ledonio vs. Capitol Development Corporation –Aug‘07 Labor Law: Two Notices Rule for valid dismissal – Magro Placement and General Services vs. Hernandez – Aug ‘07 Forum Shopping – Gonzales vs. Gen. Abu – Aug ‘07 Courts have no power to alter terms of judicially approved compromise agreements – Viesca vs. Gilinsky – Aug ‘07 Interpretation of Seafarer’s Contracts; even before the start of any employeremployee relationships certain rights & obligations arise from perfection of employment contract – Santiago vs. CF Sharp Crew Management, Inc., - Aug ‘07 Registration of Land; Section 48 Public Land Act – Limcoma Multi-purpose Cooperative vs. Republic of the Philippines – Aug ‘07

307.

308.

309.

310.

311. 312.

313.

314.

315.

Judgment on the pleadings; where proper – Polido vs. Hon. Court of Appeals – Aug ‘07 Technicalities must take a backseat to substantive rights; verification and certification against forum shopping – Kimberly Independent Labor Union for Solidarity and companion case vs. The Hon. Court of Appeals – Aug ‘07 Notarization per se is not guarantee of the validity of the contents of a document – China Banking Corp., Inc., vs. Court of Appeals – Aug ‘07 Where the mortgagee does not directly deal with the registered owner of land, 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, Inc. – Philippines, vs. E.B. Villarosa – Aug ‘07

316.

317.

318.

319.

Supreme Court Decision Continuation: 320. Labor Law: Termination of probationary employee under Art. 281 (b) does not require notice and hearing –Philippine Daily Inquirer, Inc., vs. Magtibay, Jr. – Aug ‘07 Increased risk theory applicable in Compensation Cases; strict rules of evidence not applicable to claims for compensation –Government Service Insurance System vs. 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. Jorge – Sept ‘07 Retirement Law: Computation of Retirement benefits under R.A. 7641 –Reyes vs. National Labor Relations Commission – Sept ‘07 Right of Way – Obra vs. Sps. Badua – Sept ‘07 Act of State Doctrine – Presidential Commission on Good Government vs. Sandiganbayan – Sept ‘07 Private School Teachers’ Secuirty of tenure are governed by Manual Regulations for Private Schools and not Labor Code – Aklan College vs. Guarino – Sept ‘07

321.

322.

323.

324.

325. 326.

327.

328.

Reclamation; Alienable Land of Public domain once transferred to an enduser agency becomes patrimonial property; operative fact doctrine; right to information – Chavez vs. National Housing Authority – Sept ‘07 Writ of Possession cannot deprive heir of legitime – Heirs of the late Domingo N. Nicolas 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, Jr. vs. Metropolitan Bank & Trust Company – Oct ‘07 Exercise of Equity Jurisdiction by Courts; gross inadequancy of price does not nullify an execution sale; exceptions to the in pari delicto principle – Jacobus Bernhard Hulst vs. PR Builders, Inc., - Oct ‘07 Notice of Adverse claim does not interrupt the running of the prescriptive period – Heirs of Marcelina Arzadon-Crisologo vs. Rañon – Oct ‘07 A Trade Union Center is not allowed by law to directly create a local or chapter through chartering – San Miguel Corp. Employees Union-Philippine Transport vs. 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. vs. Philbanking 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. de Melencion vs. Hon. Court of Appeals – Oct ‘07 Rehabilitation Plan Void Insofar as it impairs stipulation between the parties – Leca Realty Corp. vs. Manuela Corp., - 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. Commission on Audit – Oct ‘07 Neypes ruling restated; “Fresh period rule” – Sps. Ricardo and Leonila de los Santos vs. Ma. Socorro V. Vda. de Mangubat –Nov ‘07 Discharge of Accused to be State Witness – Valerio vs. Court of Appeals and Companion Case – Nov ‘07 Procedure for determining just compensation under R.A. 6657; formula – Land Bank of the Philippines vs. Suntay – Nov ‘07 Negligence – Philippine National Railways vs. Court of Appeals – Nov ‘07

329.

330.

331.

332.

333.

334.

335.

336.

337.

338.

339.

340.

341.

342.

Cashier’s Check; Holder in due course –Bank of the Philippine Islands vs. Roxas – Nov ‘07 Possibility of irreparable damage without proof of an actual existing right would not justify injunctive relief – Republic of the Philippines vs. Hon. Caguioa – Nov ‘07 Intellectual Property Law – Sehwani, Incorporated and/or Benita’s Frites, Inc. vs. In-N-Out Burger, Inc., - Nov ‘07 Restrictive Custody and Monitored Movements imposed on policemen is not unlawful restraint of freedom – SPO2 Manalo vs. Hon. PNP Chief Calderon – Nov ‘07

343.

344.

345.

Supreme Court Decision Continuation: 346. “Electronic data Message” and “Electronic document” do not include facsimile transmissions which have an original paper-base copy – MCC Industrial Sales Corp., vs. Ssangyong Corporation – Nov ‘07 First application of the newly-promulgated Rules on DNA Evidence, which authorize courts to motu proprio or on motion require DNA testing. – People of the Philippines vs. Umanito – Nov ‘07 Retroactive application of A.M. No. 00-2-03-SC being a curative statute – Romero vs. Court of Appeals –Dec ‘07 COA has authority to withhold government employees salary and other emoluments corresponding to amount allegedly embezzled – Santiago vs. 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. 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. Caguimbal – Dec ‘07 Padilla, Jr. vs. Alipio restated; subsequent submissions of certified true copies of orders and decisions in a Motion for Reconsideration is substantial compliance with Sec. 2 Rule 42 – Sps. Henry Lanaria and the late Belen Lanaria vs. Planta – Dec ‘07 Gross receipts is not synonymous with Gross revenues – Ericson Telecommunications, Inc. vs. City of Pasig, represented by its City Mayor, Hon. Eusebio – Dec ‘07

347.

348.

349.

350.

351.

352.

353.

354.

In determining probable cause for the issuance of the warrant of arrest, the submission of counter-affidavits is NOT mandatory – Borlongan, Jr., vs. 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. Mendoza – Dec ‘07 Rule on two notices before termination – e Pacific Global Contact Center, Inc. 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. Philippine National Police Criminal Investigation – Dec ’07 Supreme Court Decision Continuation:

355.

356.

357.

358.

For purposes of determining the coverage of the Social Security System, 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, represented by the Social Security Commission vs. Asiapro Cooperative – Dec ‘07 Torrens System, Maysilo Estate – Manotok Realty, Inc. and Manotok Estate Corp, and the companion case vs. CLT Realty Development Corp. and the companion case –Jan ‘08 Remedial Law: Bill of Particulars – Republic of the Philippines vs. 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. People of the Philippines – Jan ‘08 One Right of retention per landowner –Roman Catholic Archbishop of Caceres vs. Secretary of Agrarian Reform – Jan ‘08 Exceptions to Sections 4 & 5 of Rule 15, Hearing of Motions, Notice of hearing – KKK Foundation, Inc. vs. Hon. Calderon-Bargas – Jan ‘08 Investigations in Aid of Legislation, power to cite in contempt, power to recommend criminal indictment – Standard Chartered Bank (Philippine Branch) vs. 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., LTD vs. Lerma –Feb ‘08 Public Appointive local official and employees who are suspended pending investigation of charges against them, are not entitled to back salaries – Hon. Governor Plaza vs. Court of Appeals – Feb ‘08

359.

360. 361.

362. 363.

364.

365.

366.

367.

Human Relations: Principle of damnum absque injuria does not apply in violations of Articles 19, New Civil Code – Cebu Country Club vs. Gaque – Feb ‘08 Anti-Money Laundering: Procedure of civil forfeiture – Republic of the Philippines vs. Glasgow Credit and Collection Services, Inc. – 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. Oamil – Feb ‘08

368.

369.

Supreme Court Decision Continuation: 370. Compromise Agreements: caveat to laborers in labor disputes to be wary of giving to broad an authority to agents – Arellano vs. Powertech Corporation – Feb ‘08 Position of Student – Regent of UP falls under Jurisdiction of Sandiganbayan – Serana vs. 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; Ombudsman’s decisions/orders to discipline a public employees are mandatory and not recommendatory – Office of the Ombudsman and the Companion Case vs. Masing and Tayactac – Feb ‘08 Conduct of preliminary investigations –Santos-Concio vs. Department of Justice – Feb ‘08 Evidence: recantation does not necessarily cancel an earlier declaration – Kaunlaran Lending Investors, Inc., vs. Uy –Mar ‘08 Public Funds shed their public character when they are lent to a private entity who acquires ownership of the funds. – Ocampo III and the companion case 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, and who have entered into possession after issuance of final decree, and who were not parties in registration proceedings – Factor vs. Martel – Mar ‘08 Quasi-delict: Test of Negligence – Dy Teban Trading, Inc. vs. Ching – Mar ‘08 Corporation Law: Appointment of receiver – Pryce Corporation vs. The Court of Appeals – Mar ‘08

371.

372.

373.

374.

375.

376.

377. 378.

379.

Tax Law: Proper Party to Seek refund of indirect taxes is the statutory taxpayer; tax exemptions exclude indirect taxes unless specifically stated. – Silkair (Singapore) PTE, Ltd. vs. Commissioner of Internal Revenue – Mar ‘08 Implied Authority of Corporate officer to sign verification and certification – Enriques vs. Bank of the Philippine Islands – Mar ‘08 Concept of Investment Contract under the “Howey Test” – Power Homes Unlimited Corp., vs. Securities and Exchange Commission – Mar ‘08

380.

381.

Supreme Court Decision Continuation: 382. Department of Agrarian Reform Adjudication Board (DARAB) is vested with primary and exclusive jurisdiction to determine and adjudicate agrarian reform matters, including all matters involving the implementation of the agrarian reform program. – Department of Agrarian Reform vs. Hon. AbdulWahid – Mar ‘08 Non-interference in the conduct of preliminary investigation; bilateral vasectomy does not constitute crime of mutilation – Aguirre vs. Secretary of the Department of Justice, Michelina S. 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. vs. National Labor Relations Commission – Apr ‘08 Preliminary Investigation: Restatement of Crespo vs. Mogul – Juanito Chan y Lim a.k.a. Zhang Zhenting vs. Secretary of Justice, Pablo C. Formaran III – Apr ‘08 Estafa: Correct Application of Indeterminate Sentence Law – Luces vs. Damole – Apr ‘08 Finding of no Administrative Liability is not a bar to filing of a criminal case for the same acts – Ferrer, Jr. vs. Sandiganbayan, Hon. Sandoval – Apr ‘08 Locus Standi: “Direct injury test” in public suits; taxes are exacted only for a public purpose and not for benefit of private persons – Planters Products, Inc., vs. Fertiphil Corpration –Apr ‘08 Preference under Section 6 Rule 78 does no apply in the appointment of Special Administrator – Vic C. Tan, Gerardo “Jake” Tan vs. The Hon. Gedorio, Jr. – Apr ‘08 Executive Privilege – Neri vs. Senate Committee on Accountability of Public Officers and Investigations – Apr ‘08

383.

384.

385.

386.

387.

388.

389.

390.

391.

Criminal Law: When circumstances are capable of two inferences, the inference for innocence must prevail – Eugenio vs. People of the Philippines – Apr ‘08 Proper Service of summons and court decision/orders – Sps. Belen vs. Hon. Chavez – Apr ‘08 Kidnapping and Serious Illegal detention – The People of the Philippines vs. Rosalinda Trapago Tan a.k.a. Kaye Suarez Palino – Apr ‘08

392.

393.

Supreme Court Decision Continuation: 394. Pending action for annulment of mortgage or foreclosure sale does not stay Issuance of the Writ of Possession – Hon. Fernandez vs. Sps. Gregorio Espinoza and Joji Gador-Espinoza –May ‘08 Relaxation of rules in favor of accused not assisted by counsel – Sibal vs. 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. 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. Concepcion Progressive Association, Inc. – May ‘08 Computation of Time; twin notice requirement for valid dismissal – De la Cruz vs. Maersk Filipinas Crewing, Inc. – Clarification of Section 1, Rule 22 – May ‘08 Expropriation: differences between procedure under RA 8974 and Rule 67 – Republic of the Philippines vs. Holy Trinity Realty Development Corp. – May ‘08 Protective Remedy of Rehabilitation was never intended to be a refuge of a debtor guilty of fraud – Banco de Oro-EPCI, Inc., vs. JAPRL Development Corp., May ‘08 Elements determinative of the applicability of the doctrine of piercing the veil of corporate fiction. – Yamamoto vs. Nishino Leather Industries, Inc., - May ‘08 LGU’s are not empowered to impose business taxes on persons engaged in the sale of petroleum products – Petron Corp., vs. Mayor Tiangco – May ‘08 Judicial Admissions – Camitan vs. Fidelity Investment Corporation – May ‘08

395.

396.

397.

398.

399.

400.

401.

402.

403.

404.

Rights of an Original Proponent Under BOT LAW – Asia’s Emerging Dragon Corp., vs. Department of Transportation and Communications, 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. Investa Corporation –Jun ‘08 Distinction between an order of forfeiture of the bail bond and judgment on the bond – Mendoza vs. Alarma – Jun ‘08

405.

406.

Supreme Court Decision Continuation: 407. Decisions of the Ombudsman are immediately executory even pending appeal. – Office of the Ombudsman vs. 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, cannot unilaterally be withdrawn – Arco Metal Products, Co., Inc., 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. Sojor – Jun ‘08 Issue of estoppel on the question of jurisdiction – Sps. Vargas and the companion case vs. Sps. Visitacion and Jose Caminas – Jul ‘08 Unauthorized cutting of timber in private land. –Merida vs. 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, Inc., vs. Commissioner of Internal Revenue – Jul ‘08 Entertaining lapsed appeals in the higher interest of Justice – Department of Agrarian Reform and the companion case 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. –Coastal Safeway Marine Services, Inc., vs. Delgado – Jul ‘08 Gross Ignorance of the Law and unbecoming conduct – Lt. Gen. Dagudag (ret.) vs. Judge Paderanga – Jul ‘08

408.

409.

410.

411.

412.

413.

414. 415.

416.

417.

BP 22; proof of actual receipt of notice of dishonor is an essential element – Suarez vs. People of the Philippines – Jul ‘08 Guidelines to be followed when imposing 12% or 6% interest – Lilibeth SungaChan and Cecilia Sunga vs. The Hon. Court of Appeals – Jul ‘08 Evidence required under P.D. 1529 in order to claim valid prescription – Republic of the Philippines vs. Imperial Credit Corp., - 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. Lifetime Marketing Corp., - 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. Office of the Ombudsman – Jul ‘08 Substantial and not absolute identity of parties is required for litis pendentia – City of Makati, Binay and Mercado vs. Municipality (Now City) of Taguig – Jul ‘08 Quo Warranto; water districts are government instrumentalities whose officers and employers belong to the Civil Service. – Engr. Feliciano vs. Villasin – Jul ‘08 Lawful restraints of elected officials. – Trillanes IV vs. Hon. Pimentel, Sr. – Jul ‘08

418.

419.

420.

421.

422.

423.

424.

425.

Diplomatic Negotiations Privilege – Akbayan Citizens Action Party vs. Aquino – Aug ‘08 Contract Law Article 1191 “Resolution” of Contracts. –Bernabe vs. Court Appeals – Aug ‘08 Negotiable Instruments Law; holder in due course – Sps. Pedro and Florencia Violago vs. 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, Inc., vs. National Labor Relations Commission and Morales – Aug ‘08 Conviction Circumstantial evidence sufficient to convict – Nover Bryan Salvador y De Leon vs. People of the Philippines – Aug ‘08 Juvenile drug pusher not entitled to Probation – Padua vs. People of the Philippines – Aug ‘08

426.

427.

428.

429.

430.

431.

Doctrine of Conclusiveness of Judgement – Sps. Felipe and Victoria Layos vs. Fil-Estate Golf and Development, Inc., - Sept ‘08 Under Spanish Regime Crown Lands were per se alienable –Republic of the Philippines vs. Court of Appeals – Sept ‘08 Bereft of registration, any sale or transaction involving registered land effect or bind the registered property – Republic of the Philippines vs. Ravelo – Sept ‘08

432.

433.

Supreme Court Decision Continuation: 434. Negotiable Instruments Law Accommodation Party – Bautista vs. Auto Plus Traders, Incorporated – Sept ‘08 Code of Commerce: Verbal notice of claim – Aboitiz Shipping Corporation vs. Insurance Company of North America – Sept ‘08 Procedural Law: Notarial documents not covered by Section 24, Rule 132, which applies only to public documents under Section 19(a) – Heirs of the Deceased Spouses Vicente S. Arcilla vs. Teodoro – Sept ‘08 What constitutes an Intra-Corporate Controversy; relationship test and nature of controversy test. – Oscar C. Reyes vs. Hon. Regional Trial Court of Makati, Branch 142, Zenith Insurance Corporation, and Rodrigo C. Reyes – Sept ‘08 Venue of Personal Actions – Marcos-Araneta vs. Court of Appeals – Sept ‘08 Procedural Law: Situations calling for multi-appeals – Atty. Briones 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. Co – Sept ‘08 Labor Code: “Cause Analogous to Serious Misconduct – John Hancock Life Insurance Corp., vs. Davis – Oct ‘08 Judicial Conduct – Re: Letter Presiding Justice Vasquez, Jr., - Oct ‘08 Distinction between contract to Sell and Conditional Contract of Sale – Sps. Reyes and the companion case vs. Salvador, Sr., - Oct ‘08 When Easement of right of way amounts to expropriation necessitating full just compensation – National Power Corp. vs. Purefoods Corp., - Oct ‘08

435.

436.

437.

438. 439.

440.

441.

442. 443.

444.

445.

When Checks are evidence of Indebtedness under SRC; when repealing act reenacts substantially the former law; Judicial determination of probable cause – Gabionza vs. Court of Appeals – Oct ‘08 Elaboration of the “Fictitious-payee” rule under Section 9(c) of the NIL – Philippine National Bank vs. Rodriguez – Oct ‘08 Corporate Law: Concept of “fact of special significance”, “Material fact” in insider Trading prohibition clause. – Securities and Exchange Commission vs. Interport Resources Corporation – Nov ‘08 Supreme Court Decision Continuation:

446.

447.

448.

Corporation Law: Mere inclusion in the GIS is insufficient proof that one is a shareholder – David C. Lao vs. Dionisio C. Lao – Nov ‘08 Rule on the Writ of Amparo – The Secretary of National Defense vs. Raymond Manalo and Reynaldo Manalo – Nov ‘08 Land Titles: Classification of Boracay –The Secretary of Department of Environment vs. Mayor Yap – Nov ‘08 MOA Ancestral Domain – The Province of North Cotabato and the companion case vs. The Government of the Republic of the Philippines – Nov’08 Medical Negligence –Sps. Fredelicto Flores (deceased) and Felicisima Flores vs. Sps. Pineda – Dec ‘08 Torts: Registered owner of vehicle, even if already sold, is primarily responsible to the public for whatever damages the vehicle may cause – Cadiente vs. Macas – Dec ‘08 Manufacturers of articles subject to excise tax are statutory taxpayers that are liable to pay the tax, thus, the proper party to claim any refunds. – Silkair (Singapore) PTE. Ltd. vs. Commissioner of Internal Revenue – Dec ‘08 Criminal Procedure: Filing Complaint with Prosecutor tolls prescriptive period for violations of Special Acts. – Panaguiton, Jr. vs. Department of Justice – Dec ‘08 Contributory Negligence – National Power Corporation vs. Heirs of Noble Casionan – Dec ‘08 Labor Law: Where dismissal is too harsh a penalty – Sagales vs. Rustan’s Commercial Corp., - Dec ‘08 Determination of Just Compensation under CARP – Land Bank of the Philippines vs. Dumlao – Dec ‘08

449.

450.

451.

452.

453.

454.

455.

456.

457.

458.

459. 460.

Labor only contracting and legitimate job contracting –Damian Aklan, et al. v. San Miguel Corp. et al., - Jan ‘09 Implied trusts: resulting and constructive – Richard B. Lopez, in his capacity as Trustee of the Trust Estate of the late Juliana Lopez-Manzano v. Court of Appeals, et al., - Jan ‘09 Procedural Law: Appeals from quasijudicial agencies under Rule 43 – Department of Education, represented by its Officer-in-Charge and Undersecretary, et al. v. Godofredo G. Cuanan – Jan ‘09

461.

Supreme Court Decision Continuation: 462. Only a spouse can initiate an action to sever the marital bond for except cases commenced prior to March 15, 2003 – Juan de Dios Carlos v. Felicidad Sandoval, et al. – Jan ‘09 Required proper Chain of Custody of Seized drugs – The People of the Philippines v. Samuel Obmiranis y Oreta – Jan ‘09 Application of the Indeterminate Sentence Law in estafa when there are incremental penalties – People of the Philippines v. Beth Temporada – Jan ‘09 Cable Retransmission not protected under Rome Convention – ABS-CBN Broadcasting Corp v. Philippine Multi-Media System, Inc., - Feb ‘09 Procurement: Proper Procedure to assail decision of a BAC – First United Constructors Corp. v. Poro Point Management Corporation (PPMC) – Feb ‘09 Limits of Government Power – White Light Corporation et al. v. City of Manila, represented by Mayor Alfredo S. Lim – Feb ‘09 Divergent decision on the refund/non payment of wages of employee under payroll reinstatement – Juanito A. Garcia et al. v. Philippine Airlines , Inc. – Feb ‘09 Rehabilitation –Philippine National Bank et al. v. Hon. Court of Appeals – Feb ‘09 Without consideration that is separate and distinct from the purchases price an option contract cannot be enforced – Enrico S. Eulogio v. Sps. Clemente Apeles – Feb ‘09 Requisites for a tenancy relationship to exist – Francisco Landicho et al. v. Felix Sia – Feb ‘09 Art. 448, New Civil Code, on “builder in good faith” not applicable to lessee who makes improvements –Sulo sa Nayon, Inc. and/or Phil. Village Hotel, Inc., et al. v. Nayong Pilipino Foundation – Feb ‘09 Collection for Sum of Money – Sebastian Siga-an v. 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. Citytrust Banking Corp. – Mar ‘09 Proper procedure for Assignment of assets to a SPV – Asset Pool A (SPVAMC) Inc. v. Court of Appeals – Mar ‘09 Ancestral Lands – The City Government of Baguio City, et al. v. Atty. Brain Masweng – Mar ‘09

463. 464. 465. 466. 467. 468. 469. 470.

471. 472.

473. 474. 475. 476.

477. 478. 479. 480. 481. 482.

Notice of Claim 24 hour rule under Art. 366 Code of Commerce – UCPB General Insurance Co., Inc. v. Aboitiz Shipping Corp. – Mar ‘09 Payment of docket Fees –Ruby Shelter Builders , et al. v. Hon. Pablo C. Formaran III, - Mar ‘09 Summary Judgment – Mariano Nocom v. Oscar Camerino – Mar ‘09 When Circumstantial Evidence is sufficient to convict – People of the Philippines v. Renato Español - Mar ‘09 Restatement of Mercado v. Manzano - Gaudencio M. Cordora v. 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. Borromeo v. Antonietta O. Descallar – Mar ‘09 Nullity of extrajudicial foreclosure sale because notice of sale was not published in newspaper of general circulation - Metropolitan Bank and Trust Company, Inc. v. Eugenio Peñafiel – Mar ‘09 Relativity of Contracts - Fort Bonifacio Development Corp. v. Manuel N. Domingo – Mar ‘09 Land Titles: Titles secured by fraud are not indefeasible – Gregorio Araneta University Foundation v. The Regional Trial Court of Kalookan City –Apr ‘09 Labor Code: Interpretation of Art. 157 vis-à-vis Art. 280; job contracting; regular v. casual; labor only contracting - Jeromie D. Escasinas et al. v. Shangri-la’s Mactan Island Resort – Apr ‘09 Offences covered by Grant of Amnesty strictly construed Kapunan, Jr. v. The Court of Appeals and the companion case – Apr ‘09 Eduardo E.

483.

484. 485. 486.

487. 488.

Presidential Decree (P.D.) No. 2016, reinforced by P.D. No. 1517, which prohibits the eviction of qualified tenants/occupants, extends only to landless urban families who are rightful occupants of the land and its structures; Rule 45 – when?; article 487 – recovery possession by co-owner; PD 1517 v. PD 2016; only one coowner is indispensable party; unnotarized DOS; unregistered DOS – James Estreller, et al. v. Luis Miguel Ysmael – Apr ‘09 Special Agrarian Courts must follow DAR formula when determining just compensation - Allied Banking Corporation v. The Land Bank of the Philippines – Apr ‘09 Labor Law: Constructive dismissal - Fe La Rosa, et al. v. Ambassador Hotel – Apr ‘09 Land Titles: Partition; TD – with or without effect, patent - ?; patentee not possessor – Perfecta Cavile, et al. v. Justina Litania-Hong – Apr ‘09 Disputes regarding rules of Homeowners Associations fall under the jurisdiction of the HLURB – Lourdes L. Eristingcol v. The Court of Appeals – Apr ‘09 Family Home; new issues etc can’t be raised for the 1st time on appeal; writ of execution – ministerial duty - Simeon Cabang, et al. v. Mr. & Mrs. Guillermo Basay – Apr ‘09 Agents of Corporations allowed to act within scope of apparent authority, it will be stopped from denying such authority - Westmont Bank and the companion case v. Inland Construction and Development Corp. – Apr ‘09

489.

490. 491. 492. 493.

494.

495.

Labor Law: Decision or award of a voluntary arbitrator appelable to C.A. under Rule 43 and not Rule 65 - Samahan ng mga Manggagawa sa Hyatt – NUWHRAIN-APL, v. Voluntary Arbitrator Froilan M. Bacungan, - Apr ‘09 Execution pending appeal granted only for “Good reasons” –Geologistics, Inc., v. Gateway Electronics Corp., - Apr ‘09 Where the reclassification or upgrading of positions carries with it a change in qualification requirements, then a new appointment must be issued in favor of incumbent; otherwise no new appointment is required – Alicia D. Tagaro v. Ester A. Garcia – May ‘09 In pari delicto; stare decisis - Tala Realty Services Corp., et al. The Hon. Court of Appeals and the companions case – May ‘09 Unlawful detainer case; what determines jurisdiction and nature of action Estate of Soledad Manantan., v. Aniceto Somera – May ‘09 Retroactive application of the “Fresh period Rule”; Insurers joint and solidary liability; final judgment or order/OR – The Heirs of George Y. Poe v. Malayan Insurance Company Inc. – May ‘09 ECC: Claims for benefits filed beyond prescriptive period - Soledad Muñoz Mesa v. 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. Divinagracia v. Consolidated Broadcasting System, Inc. – May ‘09 Agrarian: Ownership shall be deem to pass only upon full payment of just compensation – Land Bank of Philippines v. Carolina B. Vda. 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. De Vera v. Geren A. 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; innocent buyer v. good faith; need not go beyond the title; forged document – root of valid title; SC not trier of facts - exceptions –Sps. Juanito R. Villamil, et al. v. Lazaro Cruz Villarosa – May ‘09 Arbitration Tribunals should use all reasonable means to ascertain facts without regard to strict techniquality – Summa Kumagai, Inc., et al. v. Romago, Incorporated – May ‘09 Criminal Law: Supreme Court Ordering Secretary of Justice to file a criminal complaint; probable cause - preliminary investigation; trust receipt transaction – Metropolitan Bank & Trust Company v. Hon. Secretary of Justice Raul M. Gonzales – May ‘09 Recruitment Agencies have an obligation to protect and tend to the welfare of OFW – Becmen Service Exporter and Promotion, Inc. and the companion case v. Sps. Simplicio – May ‘09 Torts: Reckless Imprudence, Speeding is indicative of imprudent behavior; right of way – Larry V. Caminos, Jr. v. People of the Philippines – Jun ‘09 Contract Law: “Dragnet Clause” in Mortgage Agreements – Producers Bank of the Philippines v. Excelsa Industries, Inc. – Jun ‘09

496. 497.

498. 499. 500.

501. 502.

503. 504.

505.

506.

507.

508.

509. 510.

511.

Torts: Stevedoring Company’s required degree of diligence is ordinary diligence of a good father of a family; liability for tort may arise even under a contract; Stevedore v. Arastre – Mindanao Terminal and Brokerage Services, Inc. v. Phoenix Assurance Company of New York/McGee & Co., Inc. – Jun ‘09 Labor Law: Authority of Secretary of Labor to determine existence of employer-employee relationship – People’s Broadcasting (Bombo Radyo Philippines, Inc. v. The Secretary of the Department of Labor and Employment – Jun ‘09 Procedural Law: Nature of Complaint determined by allegations; malice and damages; the press should not be held to account for honest mistakes or imperfections in the choice of language; Libel – Hector C. Villanueva v. Philippine Daily Inquirer, Inc. – Jun ‘09 Labor Law: The right to dismiss an employee on account of loss of confidence must not be exercised whimsically - San Miguel Corp., v. National Labor Relation Commission – Jun ‘09 Family Law: Totality of evidence standard in declaration of nullity due to psychological incapacity – Marieta C. Azcueta v. Republic of the Philippines – Jun ‘09 Indirect Contempt: Permissible line of fair comment and legitimate criticism of courts – Erlinda I. Bildner et al. v. Erlinda K. Ilusorio – Jul ‘09 Civil Service Law: the CSC has jurisdiction to supervise the performance of and discipline all government employees, including those employed in governmentowned or controlled corporations with original charters such as PUP – Civil Service Commission v. Larry M. Alfonso – Jul ‘09 Labor Law: Dismissal for willful breach of employer’s trust; SC Rule 45; question of law; exception – Triumph International (Phils.), Inc. v. Ramon L. Apostol – Jul ‘09 Agrarian Law: Tenancy is a legal relationship and not merely a factual relationship – Joaquin Soliman, et al. v. Pampanga Sugar Development Company (PASUDECO) Inc. – Jul ‘09 Tax Law: Deposits for future subscription not subject to DST – Commissioner of Internal Revenue v. First Express Pawnshop Company Inc. – Jul ‘09 Procedural Law: Purpose of reglementary periods of appeal is to put an and to judicial controversies; civil action deemed instituted; exception – Mercedita T. Guasch v. Arnaldo Dela Cruz – Jul ‘09 Criminal Law: Proper apportionment of civil indemnity ex delicto; information must state qualifying circumstances for them to be considered in the imposition of the penalty – People of the Philippines v. Bartolome Tampus – Jul ‘09 Civil Law: Art. 1623 – Legal redemption; running of 30 day period commences upon buyer being furnished written notice by seller, and not from notice of finality of decision – Grace Gosiengfiao Guillen et al. v. The Court of Appeals, - 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; voluntary resignation; benefits; 3 elements of cause of action – “J” Marketing Corporation represented by its Branch Manager Elmundo Dador v. Cesar L. Taran – Jul ‘09 Criminal Law: No estafa through conversion if agent delivered goods to a subagent for sale on commission basis –Wilma Tabaniag v. People of the Philippines – Jul ‘09

512.

513.

514.

515. 516. 517.

518.

519.

520. 521.

522.

523.

524.

525.

526.

Evidence; Criminal Law: Frustrated murder; affirmative testimony stronger than negative testimony; delay in divulging names of perpetrators does not impair credibility; denial – alibi; physical impossibility; elements of treachery; intent to kill - elements – Edgar Esqueda v. People of the Philippines – Jul ‘09 Corporation Law: requirements before instituting a derivative suit – Anthony S. Yu et al. v. Joseph S. Yukayguan – Jul ’09 Criminal Law: Illegal drugs non-compliance with Section 21, Article II of Republic Act No. 9165 is not fatal and will not render an accused’s arrest illegal or the items seized/confiscated from him inadmissible; elements of drug conviction – People of the Philippines v. Rashamia Hernandez y Santos – Jul ‘09 Criminal Law: Res Gestae; alibi v. positive identification; trial court’s findings – Arthur Zarate v. Regional Trial Court, Branch 43 –Aug ‘09 Labor Law: Test for determining whether an employee is a project employee or a regular employee – Alcatel Philippines Inc. v. Rene R. Relos – Aug ‘09 Family Law Decision of the National Appellate Matrimonial Tribunal –Digna A. Najera v. Eduardo J. Najera – Aug ‘09 Criminal Law: Totality Test; Proper procedure on photographic identification –People of the Philippines v. Jojo Musa y Santos – Aug ‘09 Labor Law: Check-off process – Eduardo J Mariño, Jr. v. Gil Y. Gamilla – Aug ‘09 BP 22: When civil liability allowed to prosper separately after dismissal of BP 22 case; rule of procedure application; 1st lien on the judgment – Anita Cheng v. Sps. William Sy and Tessie Sy – Aug ‘09 Civil Law: Pledge; rescission of contracts; stock brokerage & rescission – Armand O. Raquel-Santos et al. v. 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. v. AFP Retirement and Separation Benefits System – Aug ‘09 Procedural Law: Summary Judgment if no “genuine issue” – D.M. Consunji, Inc. v. Duvaz Corporation –Sept ‘09 Civil Law: Extrajudicial Settlement of Estate coupled with a deed of Sale – Cornelia Baladad v. Sergio A. Rublico – Sept ‘09 Criminal Law: Attempted Murder modified to attempted Homicide – Ramie Valenzuela v. People of the Philippines – Sept ‘09 Labor Law: Labor Standards, visitorial power of the SOLE, Compliance Orders – Jethro Intelligence & Security Corp., et al. v. The Hon. Secretary of Labor and Employment – Sept ‘09 Land Titles: Judicial Reconstitution of title; court need not wait for Report of Register of Deeds before it can rule –Republic of the Philippines v. Agripina Dela Raga – Sept ‘09 Procedural Law: Excusable one (1) day delay in appeal –Republic Cement Corp., v. Peter I. Guinmapang – Sept ‘09 Civil Law: Novation of Contract; Improper attachment - Foundation Specialist, Inc. v. Betonval Ready Concrete, Inc. – Sept ‘09

527. 528.

529. 530. 531. 532. 533. 534.

535. 536.

537. 538. 539. 540.

541.

542. 543.

544.

Criminal Law: Jurisdiction of Sandiganbayan under Section 4(b) R.A. 8249 covers even those below Salary Grade 27; Inding v. Sandiganbayan restated – People of the Philippines v. Sandiganbayan – Sept ‘09 Criminal Law: Liability through disputable presumption of ownership and constructive possession; circumstantial evidence – People of the Philippines v. Lito Macabare y Lopez – Sept ‘09 Civil Law: Contract to Sell; contract of sale; Maceda Law; rescission – Heirs of Cayetano Pangan, et al. v. Sps. Rogelio Perreras – Sept ‘09 Criminal Procedure: Warrantless Search of Area of Suspect’s immediate control –Sr. Insp. Jerry C. Valeroso v. Court of Appeals and People of the Philippines – Oct ‘09 Land Titles: If Registration of Land Titles: If Registration of Land is Fraudulent, registrant and successor-in-interest hold the land as mere trustees; reconveyance of property– Emma Ver Reyes et al. v. Irene Montemayor – Oct. ‘09 Procedural Law: Mere imputation of bias, unsupported by extrinsic evidence, is not enough ground for voluntary inhibition of a Judge –Jimmy Barnes a.k.a. James L. Barnes v. Teresita C. Reyes – Oct ‘09 Agrarian Law: Just Compensation should be determined and process - Land Bank of the Philippines v. Heirs of Asuncion Añonuevo vda. 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; term v. tenure v. holdover – Valle Verde Country Club v. Victor Africa - Oct ‘09 Immigration Law: Deportation Proceedings; issue of bail; jurisdiction of Board of Commissioners; Habeas Corpus, certiorari, prohibition, mandamus, Due Process, indispensable party – Go v. Ramos - Oct ‘09 Criminal Law: Failure to establish proper Chain of custody of seized evidence – Dolera y Tejada v. People - Oct ‘09 Presumptive death under the Civil Code –Valdez v. Republic - Oct ‘09 Procedural Law: Denial of a Motion for the execution of judgment is appealable under Sec 1, Rule 41; Compromise Agreement – Valdez v. Financiera Manila, Inc. – Oct ‘09 Land Titles: to bind third parties, a deed of sale covering an unregistered parcel of land must be registered with the Registry of Deeds; liberal construction vs strict construction; correct mode of appeal; weight of lower court in assessment of witness – Dadizon v. CA - 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, Inc. et al. v. The City of Mandaluyong, et al. – Nov ‘09 Labor Law: Regular employee by “years of service” – San Miguel Corp. v. Teodosio – Nov ‘09 “Equity of Redemption;” res judicata – Rizal Commercial Banking Corp. v Royal Cargo Corp. – Nov ‘09 Criminal Law: Procedure; when a motion to dismiss not considered a demurrer to evidence – Abador v. People - Nov ‘09

545.

546. 547.

548.

549.

550. 551.

552.

553. 554. 555.

556.

557.

558. 559. 560.

561. 562. 563.

Civil Law: “equivalent of a tender of payment,” unjustified refusal to accept payment; question of law – Cinco v. CA - Nov ‘09 Procedural Law: Substituted Service of summons – Garcia v. Sandiganbayan Nov ‘09

Criminal Law: Encashment Slips are commercial documents, somplex crime of estafa three Falsification of Commercial Document – Domingo v. People - Nov ‘09 564. Labor Law: Death of an unborn child; dependent of its parents; doubt should be resolved in favor of labor – Continental Steel Manufacturing Corp. v. Montaño Nov ‘09 565. 566. 567. ‘09 568. 569. Procedural Law: Writ of Preliminary Injunction – Equitable PCI Bank v. Apurillo - Dec ‘09 Procedural Law: When Summary Judgment proper; quantum meruit attorney’s fees – amended pleading – Loy v. San Miguel Corp Employees Union – Philippine Transport, et al - Dec ‘09 Civil Law: “Unconscionable rate of interest” – Castro v. De Leon Tan - Dec ‘09 Corporation Law: Stockholders not liable for acts of corporation unless they are officers who participated in the act. – Espiritu v. Petron - Dec ‘09 Procedural Law: Compulsory Joinder of Indispensable parties; TD’s importance – Valdez-Tallorin v. Heirs of Tarona - Dec ‘09 Procedural Law: Collateral Attack of a Final Order – Fajardo v. Comandante Dec ‘09 Corporation Law: Rehabilitation – Pacific Wide Realty v. 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. Commissioner of Internal Revenue - Dec ‘09 Civil Law: Damages for Libel – Yuchengco v. The Manila Chronicle Publishing Corp. - Dec ‘09 Foreclosure: Posting and Publication Requirements; Posting may be dispensed – BPI v. Puzon - 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. – Gomez v. PNOC - Dec ‘09 Civil Law: Lease; unlawful detainer; refusal to receive notice, lessee’s preemptive rights ejectment case can’t be suspended by any action; determination of jurisdiction - Yuki v. Wellington Co. - Dec ‘09 Civil Law: Rescission and Resolution of Contracts, warranty against eviction, prescription - Heirs of Sofia Quirong v. DBP – Jan ‘10 Criminal Law: Elements of Violation of Sec 83 of RA 337; quashal of information – sufficiency of facts alleged – Go v. BSP - Nov ‘09 Family Law: Liability of Ascendants to provide support to descendants – Lim v. Lim - Nov ‘09 Labor Law: “Strained Relations” – Cabigting v. San Miguel Foods, Inc. – Dec

570. 571. 572. 573. 574. 575.

576. 577. 578.

579.

580.

581.

Civil Law: Voidable Contracts; 4 years prescriptive period, affected by fear? Body of complaint and not caption and prayer determines nature of action. When to dismiss, prescription – First Philippine Holdings Corp. v. Trans- Middle East (Phils.) Equities Inc. - Jan ‘10 Negotiable Instruments Law: Liability of collecting bank – Metropolitan Bank v. BA Finance Corp. - Jan ‘10 Procedural Law: Orders of foreign Court appointing liquidators does not involve the enforcement of a foreign judgment – Peña v. The Special Sixth Division Jan ‘10 Gratuity laws interpreted against the grant of double compensation – Herrera v. Napocor - Jan ‘10 Jurisdiction over criminal actions arising from violations of PD 957 is vested in regular courts – Dazon v. Yap – Feb ‘10 Mandamus will not lie for enforcing the performance of duties in which the public has no interest – Uy Kiao Eng v. Nixon Lee - Feb ‘10 Duty of Judge to consider all evidence when ruling on a motion to withdraw information, res inter alias acta conspiracy – Tamargo v. Awingan - Feb ‘10 Abuse of Right Principle, Art. 19 NCV – Villanueva v. Rosqueta - Feb ‘10 Corpus delicti, extrajudicial confession – People v. Tuniaco - Feb ‘10 A summary judgment in resolving a documented claim of alleged excessive penalty charges – BPI v. Yu - Feb ‘10 Easement of right of way – Salimbangon v. Tan - Feb ‘10 Verba Legis Principle – CIR v. Ariete - Feb ‘10 Tax Liabilities of Pawnshops – Tambunting Pawnshop v. CIR - Feb ‘10 “Labor Code concept of permanent total disability applies to Filipino seafarers – Quitoriano v. Jebsens Maritime, Inc. - Feb ‘10 Illegal Dismissal – Fulache v. ABS-CBN - Feb ‘10 Voluntary Surrender – Buada v. Cement Center, Inc. - Feb ‘10 Dangerous Drugs, failure to establish identity of the dangerous drug – Cacao y Prieto v. People - Feb ‘10 Cooperatives are not required to withhold taxes on interest from savings and time deposits of their members – Dumaguete Cathedral Credit Cooperative v. CIR Feb ‘10 Violation of Section 6 of “Fair Election Act” – Garcia v. COMELEC - Feb ‘10 DOSRI Violation – Soriano v. People – Mar ‘10 Public Prosecutor’s unilateral withdrawal of a motion to drop an accused from the information – Cruz v. Sandiganbayan - Mar ‘10 Jurisdiction of the COSLAP – Machado v. Gatdula - Mar ‘10 Torts – Philippine Hawk Corp. v. Tan Lee - Mar ‘10

582. 583.

584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 594. 595. 596. 597. 598.

599. 600. 601. 602. 603.

604. 605. 606. 607. 608.

Bank Secrecy Law – BSP v. Go-Bangayan - Mar ‘10 Off-line Carrier doing business in the Phils. Subject to 32% tax – South African Airways v. CIR - Mar ‘10 Election Law requirements of administrative due process do not process do not apply to the internal affairs of political parties – Atienza v. COMELEC - Mar ‘10 Land Titles; Summary Judgments – Eland Phils. v. Garcia - 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. Basallote - Mar ‘10 Law of the Case – Heirs of Estelita Burgos-Lipat, et al v. Heirs of Eugenio D. Trinidad – Apr ‘10 Civil Law: Sales of Real Property unit price contract, lump sum contract – Del Prado v. Sps. Caballero, et al. - Apr ‘10 Intellectual Property Law: Infringement of unregistered trade name – Coffee Partners, Inc. v. San Francisco Coffee, et al - Apr ‘10 Civil Law: determining existence of partnership – Heirs of Jose Lim, et al. v. Juliet Villa Lim - Apr ‘10 Civil Law: Passport Act use of Maiden name of a wife – Maria Virginia V. Remo v. The Hon. Secretary of Foreign Affairs - Apr ‘10 Citizenship through Recognition – DOJ Secretary Raul Gonzalez, et al. v. Michael Alfo Pennisi - 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. Donato - Apr ‘10 Labor Law: proper computation of monetary awards of an illegally dismissed employee – Javellana v. Belen - Apr ‘10 Tax Law: Minimum Corporate Income Tax – Chamber of Real Estate, et al. v. The Hon. Executive Secretary Alberto Romulo - 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. Cudiamat v. Batangas Savings - Apr ‘10 Family Code: Art. 36, restatement of Santos doctrinal validity on the gravity and incurability requisition – Suazo v. Suazo - Apr ‘10 It is the Department of Energy, and not the ERC, that has jurisdiction over the regulation of the marketing and distribution of energy resources – Mactan Electric Company, Inc. v., NAPOCOR - Apr ‘10 Procedural Law: Exercise of equity jurisdiction – PCI Leasing Finance, Inc. v. Milan – May ‘10 Procedural Law: Belated filing of proof of authority to sign verification and certification constitutes substantial compliance – Mediserv, Inc. v. Court of Appeals May ‘10

609. 610. 611. 612. 613. 614. 615.

616. 617. 618.

619. 620.

621. 622.

623. 624.

Labor Law: Omnibus Grounds cited in a dismissal notice, not sufficient under the law – Benjamin v. Amellar Corp. - May ‘10 Corporation Law: Corporation has no power, except those expressly conferred on it the Corporation Code and those that are implied or incidental to its existence Republic of the Philippines v. Coalbrine International Philippines, Inc. - May ‘10 Constitutional Law: Interpretation of the explicit constitutional standard that requires a minimum population of 250,000 for the creation of a legislative district – Sen. Benigno Simeon C. Aquino III v. COMELEC - May ‘10 Criminal Law; Conspiracy: In case of reasonable doubt as to its existence, the balance tips in favor of the milder form of criminal liability – Rosie Quidet v. People - May ‘10 Constitutional Law: Non-discrimination, Accreditation as a Party-List – Ang Ladlad LGBT Party v. COMELEC - May ‘10 Criminal Law: Violence against women; Emotional Anguish - Rustan Ang y Pascua v. The Hon. Court of Appeals and Irish Sagud - 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. Peña – June ‘10 Criminal Law: To be guilty of the crime of illegal possession of firearms and ammunition, one does not have to be in actual physical possession thereof. – Evangelista v. People - June ‘10 Legal Ethics: Legal Fees – Catly v. Navarro - June ‘10 Tax Law: Invalid waivers of prescriptive period to assess – CIR v. Kudos Metal Corp. - June ‘10 Administrative Law: Authority of HLURB to issue CDO against a government financial institution. – GSIS v. Board of Commissioners - 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. Rodriguez - June ‘10 Criminal Law: Negative in their nature, bare denials and accusations of frameup cannot, as a rule, prevail over the affirmative testimony of truthful witnesses – People v. Roa y Villaluz - 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, the bounded duty of the trial court is to make an independent assessment of the merits of such motion. – Santos v. Orda - June ‘10 Election Law: registration of political coalitions, the grant of accreditation to the dominant parties – Liberal Party, et al. v. COMELEC - June ‘10 Administrative Law: Essence of due process in administrative proceedings is an opportunity to seek a reconsideration; Loss of trust and confidence = managerial employee; SC errors of law – exceptions; 2 notice rule; 5 days – reasonable period; doubt resolved in favor of – Lima Land, Inc. et al v. 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. The certificate is not a stock in the corporation but is merely evidence of the holder’s interest and status in

625.

626.

627. 628. 629.

630.

631. 632. 633. 634.

635.

636.

637. 638.

639.

the corporation; Question of Law v. Question of Fact; Fraud v. Suspicion – Makati Sports Club, Inc. v. Cheng et al - July ‘10 640. Procedural Law: parties should desist from the practice of filing several motions to dismiss which allege the same ground. - PNB v. The Intestate Estate of Francisco De Guzman - July ‘10 Civil Law: Elucidation on the “Iron Curtain bar rule” (Art. 992); order of preference not absolute – In the Matter of the Intestate Estate of Cristina AguinaldoSuntay et al. v. Isabel Cojuangco-Suntay - July ‘10 Criminal Law: Kindapping with ransom – People v. Awid - July ‘10 Criminal Law: Jurisprudence on award of damage – People v. Lalongisip y delos Angeles - July ‘10 Criminal Law: prosecution by merely showing the inconsistent or contradictory statements of the accused, even if both statements are sworn; Perjury – Masangkay v. People - July ‘10 Labor Law: If an employee has been dismissed for a just cause under Article 282 of the Labor Code, The employee is not entitled to separation pay – BPI and BPI Family Bank v. NLRC - July ‘10 Labor Code: Article 291 of the Labor Code covers all money claims from employer-employee relationship. “It is not limited to money claims recoverable under the Labor Code, but applies also to claims of overseas contract workers.” – Southeastern Shipping, et al v. Navarra - July ‘10 Criminal Law: State undertaking to protect witness to whom it had given immunity from prosecution – Disini v. Sandiganbayan - July ‘10 Civil Code: Accretion; Spanish Law of Waters of 1866; Indispensable party v. necessary party; Acquisitive prescription; Land registration/ confirmation/ acquisitive prescription – Office of the City Mayor of Parañaque City v. Ebio - July ‘10 Procedural Law: Relaxation of the 15-day period to appeal in the interest of substantial justice – PEZA v. Carates - 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. Angeles Electric Corp. - July ‘10 Land Titles: Cancellation of Notice of Lis Pendens – J. Casim Construction Supplies, Inc. v. Registrar of Deeds of Las Piñas, Intestate Estate of Bruneo Casim – Aug ‘10 Land Titles: a mere showing of possession and occupation for 30 years or more is not sufficient; CENRO – not – Republic of the Phils. v. Hanover Worldwide Trading Corp. - Aug ‘10 Election Law: Legal Residence – Mitra v. COMELEC - Aug ‘10 Land Titles: Deed of Restrictions; Estoppel by Deed; Police Power v. Nonimpairment clause – The Learning Child, Inc. v. Ayala-Alabang Village Association and the companion case - Aug ‘10 Criminal Law: Estafa through falsification of public document (forgery of a will); expert opinions – Obando et al v. People - Aug ‘10

641.

642. 643. 644.

645.

646.

647. 648.

649. 650.

651.

652.

653. 654.

655.

656. 657.

Maritime Law: Prescriptive Period for filing claims under COGSA Section 3(6) – Wallem Phils. Shipping Inc. v. SR Farms, Inc. - Aug ‘10 Procedural Law: Certiorari under Rule 65 is not the proper remedy against administrative agency not exercising judicial or quasi-judicial function; Judicial functions v. quasi-judicial functions; interest – declaratory relief – CREBA v. ERC Aug ‘10 Civil Law: Contract to Sell and Contract of Sale – Montecalvo v. Heirs of Primero - Aug ‘10 Administrative Law: Authority of Local Government Official to engage services of outside counsel; Attorney’s fees – Municipality of Tiwi v. Betito - Aug ‘10 Corporation Law: the prevailing rule now categorically provides that awards for moral damages, exemplary damages, and attorney’s fees in intra-corporate controversies are not immediately executory; procedural law – applicable to pending cases – Heirs of Divinagracia v. Hon. Ruiz - 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, Lee v. CA Aug ‘10 Criminal Law: Buy-Bust Chain of Custody – People v. Nandi y Sali - Aug ‘10 Procurement: Procedure for valid protest – LRA v. Lanting Security and Watchman Agency - Aug ‘10 Legal Ethics: Conduct of Judges; haste in rendering a decision – Atty. Bernas v. Reyes - Aug ‘10 Corporation Law: Under the Rehabilitation Rules, if upon the lapse of 180 days from the date of the initial hearing there is still no approved rehabilitation plan, the RTC must dismiss the petition – North Bulacan Corp. v. Philippine Bank of Communications – Sept ‘10 Civil Law: Art. 448 Builders in good faith – Luciano v. Macabagdal - 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. v. Jacinto - Sept ‘10 Civil Law: Simulated Sales and declaration against interest – Taghoy v. Tigol Sept ‘10 Criminal Law: When the equipoise rule should apply – People v. CA - 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. Toring - Sept ’10 Rules of Court. Redemptioner; proper amount to be paid – Torres v. Alamag and Ngoju – Sept ‘10 Labor Law: If it can be proven that at the time of injury, the employee was acting within the scope of his employment and performing an act reasonably necessary in his work, his injury is compensable – GSIS v. Zarate - Sept ‘10 Redemption of Property Sold for tax delinquency – City Mayor v. RCBC - Sept ‘10

658. 659. 660.

661.

662. 663. 664. 665.

666. 667.

668. 669. 670.

671. 672.

673.

674. 675. 676.

Land Titles: Establishing possession; coverage of writ of execution; Lisay v. Muni - execution – De Leon v. Public Estates Authority Contract Law: the Arbitration Clause; CIAC; EO 1008 Construction Industry Arbitration – William Golangco Construction Corporation v. Burton Criminal Procedure: Determination of the probable cause, a function belonging to the public prosecutor; judicial review allowed where it has been clearly established that the prosecutor committed grave abuse of discretion; probable cause / estafa v. novation - Metropolitan Bank and Trust Company v. Reynaldo - Sept ‘10 Corporation Law: suspension of actions for claims commenced only from the time a management committee or receiver is appointed; foreclosure, writ of possession/remedy – Equitable PCI Bank v. DNG Realty and Dev’t Corp. - Sept ‘10 Family Law: A.M. No. 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, 2003 – Ablaza v. Republic - Sept ‘10 Criminal Law: Dangerous Drugs – for the saving clause of Section 21 of RA No. 9165 to apply, 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. – People v. Pagaduan y Tamayo - Sept ‘10 Civil Law: Lease; 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, Inc. v. Marian Clinics, Inc. – Oct ‘10 Family Law: buyers of conjugal property must observe 2 kinds of diligence, namely: (a) diligence in verifying the validity of the title covering the property; and (b) the diligence in inquiring into the authority of the transacting spouse to sell conjugal property in behalf of the other spouse – Sps. Aggabao v. Parulan - 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. – Sps. Lim v. Ruby Shelter Builders and Realty Development Corp. - Oct ‘10 Procedural Law: Service of Summons – Gentle Supreme Philippines, Inc. v. Consulta - 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. Intestate Estate of Mackay - 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. – J. Tiosejo Investment Corp. v. Sps. Benjamin and Eleanor Ang - Oct ‘10 Civil Code: Trust funds – Metropolitan Bank and Trust Company, Inc. v. The Board of Trustees of Riverside Mills Corporation Provident - Oct ‘10 Contract Law: “Claims” against a performance bond; Claim defined; CIAC/Complementary Contracts construed together doctrine – Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc. – Oct ‘10 Criminal Law: Annulment of Marriage is not a prejudicial question in criminal case for Parricide – Pimentel v. Pimentel – Oct ‘10 Administrative Law: distinguishing tax and regulation as a form of police power, the determining factor is the purpose of the implemented measure – Chevron Phils. v. Bases Conversion Development Authority, et al – Oct ‘10

677.

678.

679.

680.

681.

682. 683. 684. 685.

686. 687. 688. 689.

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