CASE Syllabus Title Case Title G.R. No.

, SPECIFIC TOPIC
NO Date
141 Administrative MARQUEZ vs. AM. No. Code of Conduct and Section 8 of RA 6713, requir
Law OVEJERA P-11-2903. Ethical Standards for accomplish and submit declara
Public Officials and net worth and financial and b
February
Employees/ SALN/ spouses and of unmarried chil
5, 2014
Public Officers; households. In this relation, th
Penalties; of the concerned public offic
acquisition costs, assessed v
personal property and acqui
investments, cash on hand or
liabilities, and (e) all business in

Verily, the requirement of SA

minimizing the opportunities
maintaining a standard of h
disclosure, the public would, t
the affluence of public official
and balance mechanism to v
sources of income.

As for the appropriate penalty

public official or employee, reg
or employment in a casual, te
capacity, committing any viola
among others,] a fine not exc
salary x x x depending on the g
hearing by the appropriate b
jurisprudence, the Court finds
P5,000.00 is amply justified c
SALN for the years 2004 and 2
too that same does not appear
fraudulent intent.

142 Agrarian QUINTOS vs. G. R. No. Tenancy Relationship/ Tenancy is a legal relationship
Reform/ DEPARTMENT 185838. Burden of facts as required by law. For a
Remedial Law OF AGRARIAN Proof/Special Civil parties, the following essentia
February
REFORM Actions/ Foreclosure are the landowner and the ten
10, 2014.
ADJUDICATION of Mortgage land; (c) there is consent b
BOARD agricultural production; (e) th
and (f) there is sharing of the h
elements must concur in order
absence of one does not m
 cultivator or a planter thereon
tenure under existing tenancy l

The burden of proof rests on th

affirmative allegation by subs
satisfactory manner the facts
the opposite party under no ob
The rule applies to civil and adm

It bears stressing that the righ

right of a landowner, except
consent of the landowner sho
tenants.

In the present case, the PARA

tenancy relationship exists bet
who were allegedly installed a
the mango orchard at that ti
showing that APT was authori
install tenants thereon. To be
original mortgagees in this case
yet to exercise their right to fo
the RTC’s order enjoining the
not become the owner of the m
the mortgage and, thereafter,
sale. With the foreclosure pro
not have been regarded as t
Thus, since the consent of the
secured by APT in this case, it h
agreement with the KAMIFCI m

143 Criminal Law PEOPLE vs. G.R. No. Rape/Statutory Rape/ Statutory rape is committed b
GUILLERMO 207819. Child-Witnesses/Quali 12 years of age regardless of h
March 12, fied Rape act. Proof of force, intimidation
2014.* elements of statutory rape, co
is conclusively presumed when
age, the law presumes that the
is incapable of giving intellig
convict an accused of the crime
the burden of proving: (a) the
the accused; and (c) the sexual
complainant.

Absent any evidence that the

 arbitrariness or oversight of
especially so when affirmed by
not conclusive and binding o
child-victims are normally give
particularly if she is a minor,
effect all that is necessary to sh
When the offended party is
inclined to give credit to her ac
only her relative vulnerability b
exposed if the matter to wh
immaturity are generally badg
revelation that she had be
submission to medical examin
trial where she could be comp
on her dignity, cannot be so ea

It is apt to discuss that Repub

qualifying circumstances that w
rape from reclusion perpetua t
minor under 18 years of age
step-parent, guardian, relative
third civil degree, or the comm
— a circumstance that was not

The Court likewise agrees th

reclusion perpetua for each co
apt to discuss that R.A. 8353 in
that would increase the pena
perpetua to death, e.g., when
years of age and the offend
guardian, relative by consan
degree, or the common-law
circumstance that was not pr
Article 335 of the RPC. Thus, th
qualify the first two (2) rape
enactment of R.A. 8353, but it
one. Nevertheless, in light of t
to R.A. 9346, the imposable pe
to reclusion perpetua, with th
parole.

144 Remedial REPUBLIC vs. G.R. No. Civil Procedure/ An order denying a motion to
Law/Constituti TRANSUNION 191590. Actions/ Dismissal of neither terminates nor finally d
onal Law CORPORATION April 21, Actions/ Interlocutory be done by the court before
2014 Orders/Exhaustion of Thus, as a general rule, the
Administrative questioned in a special civil
 Remedies designed to correct errors of
However, when the denial of t
abuse of discretion, the grant
Due Process/ may be justified. By grave abu
and whimsical exercise of j
jurisdiction. The abuse of discr
exercised in an arbitrary or d
personal hostility, and must b
evasion of positive duty or t
enjoined by or to act at all in co

The rule on exhaustion of ad

remedy within the administra
giving the administrative office
on a matter that comes within
be exhausted first before the
elaborate, the rule on exhaus
that if a remedy within the adm
to by giving the administrativ
decide on a matter that come
should be exhausted first befor
The underlying principle of th
administrative agency, if affor
matter will decide the same co

The Court finds that there w

administrative due process sin
did it file an answer, but it a
offered the same. It is well-
process is the opportunity
unquestionably afforded in th
remedies of reconsideration
unavailable, either by statute
report and recommendation
administrative due process, o
ground for a motion to dismis
proper.

145 Administrative DULANG vs. A. M. No. Speedy Disposition of Prompt disposition of cases is
Law/ Remedial REGENCIA MTJ-14-18 Cases/Undue Delay in and dedication to duty of jud
Law 41. Rendering Decision delay in the disposition of ca
litigants. Accordingly, judges sh
June 2,
and responsibility in the disc
2014.
Rules of Summary justice promptly. This is embo
Procedure Judicial Conduct which states
business promptly and decide
 echoed in Section 5, Canon 6 o
Philippine Judiciary which prov
duties, including the delivery o
with reasonable promptness.”

Remedial Law; Rules of Summ

is governed by the Rules of
period of thirty (30) days fro
position paper within which a
an ejectment case, it is gover
which clearly sets a period of t
last affidavit or position paper
issued. Despite this, Judge Reg
(2) years and four (4) months l
prescribing the time within
indispensable to prevent nee
disposition of cases and, thus
Court has nevertheless been m
understanding of circumstanc
disposing of their businesses an
due to justifiable reasons. How
acceptable reason in delaying t
making her administratively
decision.

Undue delay in rendering a de

punishable either by: (a) suspe
benefits for not less than one
of more than P10,000.00 but n
proper sanction on Judge Rege
aforementioned misrepresent
administratively liable for gro
pay a fine of P5,000.00 and
similar offense will be dealt w
observed by Justice Arturo D. B
her length of service of more
instead of being considered
already known that Civil Case
summary proceeding and, th
Hence, a fine of P40,000.00
appropriate penalty for Judge R

146 Administrative OFFICE OF THE A.M. No. Court Personnel/ Notably, the Court also addre
Law/ Remedial COURT P-13-3132. Dismissal from jurisdiction in the same ca
Law ADMINISTRAT June 4, Service administrative jurisdiction ove
OR vs. 2014 Constitution and the Adminis
AMPONG every branch, agency, sub
Immutability of government, and governme
Judgments/ Pursuant to its administrative
“control, supervise, and coord
authority grants to the CSC
irregularity or anomaly connec
Constitution provides that
administrative supervision ov
virtue of this power, it is only
judges’ and court personnel
regulations. It may take the pr
they commit any violation. No
into this power, without runn
powers. Thus, this Court rule
investigation of a judge on the
It violates the specific mand
Supreme Court supervisory po
undermines the independence
the dishonest act before she jo
the administrative reach of
administrative jurisdiction ov
Supreme Court, regardless of w
or after employment in the jud

Pursuant to the doctrine of im

“a decision that has acqu
unalterable, and may no longe
modification is meant to corre
Ampong could no longer
modification and reversal. Con
service on account of Ampong
course. In line with Section 58
Cases in the Civil Service (URAC
the following administrative d
eligibility; (b) forfeiture of
disqualification from re-emp
instrumentality, including a
corporation or government fin
to similarly suffer the same.

Despite Ampong’s dismissal o

nevertheless be entitled to r
pursuant to the aforemention
 not include the forfeiture of t
their dismissal from the servic
the leave credits that they
employment. As a matter of fa
of such remuneration, which th

It must be stressed that every

example of integrity, uprightn
she must exhibit the highest s
the performance of her official
dealings with other people,
standing. The image of a cou
official and otherwise, of the
judge to the lowest of its perso
to adhere to the exacting sta
professional and private condu
integrity of the courts of just
stringent standards set for a ju
deserve to remain with the Jud

147 Remedial Law REPUBLIC OF G.R. No. Moot and Academic A case or issue is considered
THE PHILIPPINE 192302. present a justiciable controver
vs. MANALO June 4, an adjudication of the case or
2014 practical value or use. In suc
relief which a petitioner wou
negated by the dismissal of
jurisdiction over such case or d
judgment in a case which pre
enforced.

148 Criminal Law PEOPLE vs. G.R. No. Rape/ Acts of For the charge of rape to prosp
DELA CRUZ 192820. Lasciviousness/ that (1) the offender had ca
June 4, Penalties accomplished the act through
Remedial Law; 2014.* was deprived of reason or o
under 12 years of age or was d
Evidence/
Witnesses/Motives/
Testimonial Evidence Any person who shall comm
persons of either sex, under a
preceding article, shall be puni
of this crime are: (1) the offen
lewdness; (2) it is done under
using force or intimidation, or
reason or otherwise unconscio
12 years of age; and (3) the o
sex.

As held in Dizon v. People, 600

that when the credibility of a w
this case, the findings of the tr
of the witnesses and its assess
well as its conclusions anchore
not conclusive effect. This is b
opportunity to observe the de
position to discern whether th
court’s findings have been af
present case, said findings are

The accused-appellant’s bar

consideration. The same canno
affirmative testimonies of AAA
argument that the alleged ill
credibility, the same is utterly
correct in holding that ill moti
affirmative and credible decla
establishes the liability of the a
her identification of the acc
occasion to rule in People v.
unlikely for a young girl and h
their own blood relative and fa
victim’s honor. Indeed, no me
encourage the victim to public
unless the crime was in fact co
offender and the victim are fat

Verily, we also held in Dizon v.

cases, the testimony of compl
in its entirety, and not in its
thereof. The true meaning of
witness is to be ascertained w
and answers given thereto. Th
been said or done must be
phrases alone. Facts imperfect
supplied or clarified by one’s an

Notwithstanding the provision

Code, the Court of Appeals co
 that should be imposed upo
reclusion perpetua. This is in a
No. 9346, which imposes the
death, when the law violated
penalties of the Revised Penal C

Same; Acts of Lasciviousne

lasciviousness is punishable w
No. 3254-M-2004, the crime o
prisión correccional. In view
relationship attendant in thi
imposed in its maximum perio
(2) months and one (1) day to
Sentence Law, the said penalty
the minimum term shall be wit
degree to that of the penalty p
one (1) month and one (1) day
Court of Appeals correctly im
penalty of imprisonment rangin
minimum, to six (6) years of pri

149 Remedial Law PIEDAD vs. G.R. No. Special Civil Actions/ Unlawful detainer is an actio
GURIEZA 207525. Unlawful Detainer / from one who unlawfully w
June 18, Actions expiration or termination of
2014 contract, express or implied. Th
detainer is originally legal but
termination of the right to po
unlawful detainer case is the
property involved, independen
parties. An ejectment case, b
tolerance, falls under the ca
plaintiff allows the defendan
without any contract, the defe
promise that he/she will vacat
unlawful detainer will lie.

Under Section 1, Rule 70 of th

filed “within one (1) year after
of possession” and must alle
lawful possession of the prop
tolerance of the plaintiff; (b)
the property became illegal o
defendant of the expiration or
possession; (c) thereafter, the
 property and deprived the plai
one (1) year from the unlawfu
the plaintiff instituted the com

150 Civil Law RANA vs. H. R. No. Property/ Nuisance/ Under Article 694 of the Civil
WONG 192861. Damages/ In Pari omission, establishment, busi
June 30, Delicto/ Recovery of else which: (1) Injures or enda
2014 Property/ Attorney’s Annoys or offends the senses;
SPS. ROSARIO Fees or morality; or (4) Obstructs o
G.R. No.
vs. SPS. public highway or street, or an
192862.
REYNALDO . the use of property.” Based on
June 30,
Malicious deemed to be “so comprehen
2014.
Prosecution/ ways which have interfered
person, property, the enjoyme

Article 695 of the Civil Code

object or objects that they aff
be: (a) a public nuisance (o
neighborhood or any conside
extent of the annoyance, dan
unequal”); or (b) a private nui
foregoing definition” [or, as c
private rights and produces d
Jurisprudence further classifi
susceptibility to summary aba
prior judicial permission). In th
nuisance per se (or one which
and property and may be sum
necessity”); or (b) a nuisance p
certain conditions and circums
of fact, it cannot be abated w
authorized to decide whethe
nuisance.”)

Aside from the remedy of sum

under the parameters stated
706 (for private nuisances) o
property right was invaded or
omission, establishment, busin
may file a civil action to recov
judicially sought through a
requirements under the Civil
requisite that the nuisance is a
the remedies of abatement a
may be demanded.

As the records establish, Sps

Wong, et al. and to their sole
half of the 10-meter wide sub
Subdivision, Wong, et al. main
and free passage over the s
portion, Sps. Rana introduced
transgressed the aforesaid
recognition of Wong, et al.’s
liable for nominal damages. U
have the discretion to deter
damages without actual proof

Assessing the respective infrac

it prudent to sustain the CA’s
said parties against each other
the CA in result since the la
ruling, the in pari delicto princi
v. Ong (Yu Guan), 367 SCRA 55
the in pari delicto principle
inexistent and void contracts,
Principle The principle of in pa
are equally at fault, the law lea
by either one of them. How
respect to inexistent and void
Court of Appeals: “The princip
all recovery to the guilty part
nullity arises from the illegality
contract. When two persons ar
them. The exception to this ge
with respect to inexistent c
omitted) Clearly, no void or in
the Court’s disagreement wit
respect.

Settled is the rule that in o

property may prosper, the par
the identity of the thing and h
the report of the court-app
conducted a relocation survey
and delineated the boundarie
Sps. Uy’s perimeter fence intru
the RTC and the CA relied
competent showing that the s
no reason to deviate from the
Having sufficiently proven their
the return of the 2 sq. m.
compliance by Linda Rana with
to build a retaining wall on
pending return of the encroach

As the Court sees it, the f

complaints against each other
have been precipitated by any
warrant the payment of dama
pointed out by the CA, malicio
cases, requires the presence of
(b) absence of probable cause
prosecution was prompted by
person; and that it was initia
was false and baseless. He
subsequently turns out to be
liable for malicious prosecutio
impose a penalty on the ri
elements were not duly proven
hereby denied.

With respect to the claims for

the parties to have sustained
parties’ acts, an award of mora
in this case. Article 2217 of th
include physical suffering, m
besmirched reputation, wo
humiliation, and similar in
computation, moral damages m
result of the defendant’s wron
Article 2219 of the same code (
may be recovered in the follo
offense resulting in physical i
injuries; (3) Seduction, abduc
Adultery or concubinage; (5) I
Illegal search; (7) Libel, sland
Malicious prosecution; (9) Acts
and actions referred to in Artic

The Court deems that an a

inappropriate since these dam
 or correction for the public go
liquidated or compensatory da
view the present matters of s
grant the parties’ claims for the

Considering that neither of the

their claims for malicious prose
exemplary damages, and (c) th
under Article 2208 of the Civil C
fees and litigation expenses ag

152 Administrative ELPIDIO P. A. C. No. Disbarment It has been consistently held b

Law/ TIONG, 4428. character is not only a cond
complainant, continuing requirement to m
December
vs. ATTY. profession. It is the bounden
12, 2011
GEORGE M. highest degree of morality in o
FLORENDO Consequently, any errant beha
public or private activities, wh
character, honesty, probity or g
suspension or disbarment.

Respondent’s act of having an

disrespect for the laws on the
vow of fidelity. It showed his u
the ethics of his profession
confidence reposed on him by
under Canon 17 of the Code o
therefore, his illicit relationship
and grossly immoral conduct
Court. Section 27, Rule 138
attorney may be disbarred or s
any deceit, malpractice, or o
immoral conduct, among other

It bears to stress that a case o

and not meant to grant relief
intended to cleanse the ranks
members in order to protect
investigation into the acts of re
as an officer of the Court and
Bar. Hence, the Affidavit dat
affidavit of desistance, canno
 proceedings.

153 Mercantile ACE G.R. No. Bill of Lading/Agency/ A bill of lading is defined as “a
Law NAVIGATION 171591. or his agent, describing the fre
CO., INC., vs. June 25, the consignor, the terms of t
Civil Law
FGU 2012 directing that the freight to b
INSURANCE specified person at a specified
CORPORATION a contract. As a receipt, it r
and PIONEER describes the goods as to qu
INSURANCE marks and condition, quality,
AND SURETY contracting parties, which in
CORPORATION destination, and freight rates
obligations assumed by the pa
the parties who make them, th

Article 1868 of the Civil Code

agency, a person binds him
something in representation or
authority of the latter.” Cor
provides that an agent is not p
contracts, unless he expressly
authority without giving such p

154 Administrative OFFICE OF THE A. M. No. Public Officers Jurisprudence is replete with ru
Proceeding COURT RTJ-10-223 jurisdiction over an administr
ADMINISTRAT 5. filed during the incumbency
OR, vs. employee. This is because
March 11,
GRAGEDA predicated on the holding of
2013
service. However, once jurisdic
the mere fact that the public o
during the pendency of the ca
of resignation, death or retire
filed against the said officer or
the public service or render it m

In the case of Office of the O

(2011), the Court ruled that wh
conducting an investigation ag
institute an administrative c
resigned, more so since his res
the service was not availed of t
administrative case or to pre-e
also dismissed an administra
stenographer for having been i
from the service. Moreover, in
 in Regional Trial Court, Branch
8 (2013), the Court absolved he
administrative liability since th
retirement from the judiciary.

155 Civil Law RURAL BANK G. R. No. Land Civil Law; Land Registration; C
OF STA. 200667 Registration/Consolid of title in the purchaser’s nam
Remedial Law
BARBARA March 11, ation of Titles the property, the purchaser’s r
Appeals
(ILOILO), INC., 2013 right of a confirmed own
vs. consolidation of title in the pur
CENTENO, Appeals to redeem the property, the p
the absolute right of a confirm
writ of possession, upon pro
purchaser in an extrajudicia
ministerial function, unless it a
of a third party claiming a rig
foregoing rule is contained in
which partly provides.

In China Banking Corporation v

held that the phrase “a third p
adversely to the judgment ob
third party holds the property
co-owner, tenant or usufructua
usufructuary possess the prop
merely the successor or transf
co-owner or the owner of the p
only be possessed by a third
adversely to the judgment obli

On the issue regarding the ide

his Comment, records show
petitioner’s title over the s
proceedings. Accordingly, the
established for the purpose of
principle that absent any cl
capriciousness committed by
binding and conclusive upon th

156 Remedial Law KAPISANANG G.R. No. Forum Shopping Forum shopping exists “when
PANGKAUNLAR 175900. judicial remedies in different
AN NG June 10, substantially founded on the s
KABABAIHANG 2013 facts and circumstances, and
POTRERO, INC. either pending in, or already r
What is truly important to co
 vs.BARRENO not is the vexation caused the
asks different courts and/or ad
or related causes and/or grant
in the pro-cess creating the
rendered by different fora upo

157 Remedial Law SURIGAO DEL G.R. No. Appeals/Procedural It must be pointed out that the
NORTE 187722. Rules and of fact. In this light, it is an es
ELECTRIC June 10, Technicalities/ Court in cases brought before
Labor Law COOPERATIVE, 2013 certiorari under Rule 45 of t
INC. vs. reviewing errors of law as the
GONZAGA exercise of its power of review
Civil Law; conclusive and binding as it is
Illegal Dismissals/ weigh evidence all over ag
Serious Misconduct; exceptions to this rule is wh
Gross and Habitual findings of facts of the NLRC a
Neglect of Duty/ need to review the records
Formal Hearing preferred as more conformabl
Accordingly, the Court procee
attendant to the termination o

In termination cases, the burde

that the dismissal is for a valid
the matter a case of illegal d
proof which the employer mu
as defined in case law, mean
reasonable mind might accept
if other minds, equally reasona

To note, petitioners could no

every bill or receipt due to th
Court takes judicial notice of
could indeed consist of mu
petitioners only sought to esta
the total cash shortage. In this
first establish the voluminou
presented, as discussed in t
dispensed with. Besides, tech
followed in labor cases and t
same.

The Court finds the evidence p

the bare denial of Gonzaga, su
to prove that he committed s
neglect of duty to warrant his
causes for termination which a

under Article 296 of the L

Termination by Employer.—An
for any of the following ca
disobedience by the employee
representative in connection
neglect by the employee of h
admitted that he failed to r
SURNECO’s company policy, re
upon him. Therefore, for his e
of Ethics (failure to remit col
altogether.

Jurisprudence dictates that it is

“ample opportunity to be hear
formal hearing or conference
formal hearing and confere
Philippine Telegraph and Telep
Court laid down the followin
“ample opportunity to be he
(verbal or written) given to the
him and submit evidence in su
conference or some other fai
hearing or conference become
employee in writing or subs
company rule or practice req
justify it. (c) the “ample oppor
Code prevails over the “hear
implementing rules and reg
supplied] The rationale beh
premised on the fact that com
the procedure and requireme
on the employer. Thus, as pro
325 (2007): Company policies
Some can ripen into an obliga
those which confer benefits o
and requirements for their term

Same; Same; In Agabon v. N

SCRA 573 (2004), the Supre
dismissal is for a just cause, th
nullify the dismissal, or rende
employer should indemnify
statutory rights.―In this relati
terminates an employee for a
procedure is liable to pay the l
(Agabon), 442 SCRA 573 (200
dismissal is for a just cause, th
nullify the dismissal, or rende
employer should indemnify
statutory rights. Thus, in Agab
employee nominal damages in
the Court finds that the same p
the reason that an employer’s
equally violative of the labore
Hence, although the dismissal
award Gonzaga nominal damag

Pursuant to the established

generally elevated to this C
certiorari under Rule 45 of the
by the CA through a petition f
Court. The object of a Rule 45
the assailed decision, i.e., wh
reversible legal error in resolv
Rule 65 petition is to determi
respondent court, i.e., whethe
abuse of discretion amounting
this review process, the Court
CA decision on a labor case in
the prism of whether it correct
grave abuse of discretion in th
decision before it, not on the b
merits of the case was correc
the CA correctly determined w
of discretion in ruling in this ca
CA erred in ascribing grave abu

Gonzaga’s misappropriation of
just and valid cause for his dism
Gonzaga was not afforded the
petitioners to observe their ow
employees. As ruled in Agabon
442 SCRA 573 (2004), “[w]here
instant case, the lack of stat
dismissal, or render it illegal
should indemnify the employe
Hence, the employer should b
damages, which has been set b
158 Criminal Law CABALLO vs. G.R. No. Child Prostitution/ Children, whether male or fem
PEOPLE OF THE 198732. consideration or due to the co
PHILIPPINES June 10, or group, indulge in sexual inte
2013. to be children exploited in p
penalty of reclusion temporal i
shall be imposed upon the fo
act of sexual intercourse or la
prostitution or subject to othe
victim is under twelve (12)
prosecuted under Article 335, p
No. 3815, as amended, the R
conduct, as the case may be;
conduct when the victim is
reclusion temporal in its
underscoring supplied) As de
(Olivarez), 465 SCRA 465 (200
are the following: (a) The accu
or lascivious conduct; (b) The s
in prostitution or subjected t
whether male or female, is belo

To put things in proper perspe

was meant to advance the stat
children from all forms of a
discrimination and other con
and in such regard, “provide
furthers the “best interests of
guided by this standard.

Driven by the foregoing consid

same law in order to penalize c
abuse. Section 5 thereof prov
“child exploited in prostitution
Olivarez v. CA, 465 SCRA 465 (2
(1998), and Amployo v. People
the aforesaid provision was a p
its original coverage to cases w
intimidated into sexual interco
for money or profit, viz.: Th
performed with a child exploi
sexual abuse, is likewise pres
Larin, 297 SCRA 309 (1998): A c
subjected to other sexual ab
intercourse or lascivious cond
consideration; or (b) under
syndicate or group... It must
situation in which a child is a
child, through coercion or int
We reiterated this ruling in Am
As we observed in People v. L
not merely cover a situation o
one in which a child engages i
or intimidation...

As it is presently worded, Sect

when a child indulges in sexua
to the coercion or influence o
“child exploited in prostitution
the law is able to act as an effe
neglect, cruelty, exploitation
prejudicial as they are to the
further clarifies that sexual in
coercion or influence of any
compulsion equivalent to intim
the offended party’s free will.
on Child Abuse Cases conveys
influence which manifests in
employment, use, persuasion,
child to engage in or assist
intercourse or lascivious cond
incest with children.

Jurisprudence settles that co

violation of Section 5, Article I
AAA and Caballo were sweeth
is largely instructive on this po
lascivious conduct in child abu
defense is unacceptable. A chi
other sexual abuse cannot vali
another person. The language
“[t]hose who commit the act o
with a child exploited in prostit
Unlike rape, therefore, consen
of Section 5, Article III of R
intercourse or committing la
exploited in prostitution or s
offense. It is a malum prohib
cannot give consent to a con
rationale that she can easily b
 of fully understanding or know
The State, as parens patriae, is
of harm to those who, becau
take care of themselves fu
protection. The harm which re
encounter may be infinitely m
deal. Thus, the law should prot
her attempts at adult sexual be
be deemed to have validly c
surrender herself in the act o
which seeks to afford her spe
and discrimination. (Otherwise
justified, or even unwittingly
game and vulnerable prey.) In
be incapable of giving rationa
intercourse.

159 Agrarian LAND BANK OF G.R. No. Just Compensation The principal basis of the com
Reform THE 192890. 17 of RA 6657, which enume
PHILIPPINES, June 17, special agrarian courts in the
vs. 2013 cost of the land; (2) the curre
PALMARES actual use, and income; (4) the
declarations; (6) the assessme
social and economic benefit
farmworkers, and by the go
nonpayment of taxes or loans
institution on the said land, i
under Section 49 of the same l
basic formula.

160 Legal Ethics ABELLA vs. Adm. Case Disbarment/ Immoral Chapter 1 of the Code, deline
BARRIOS No. 7332. conduct/ Practice of Rule 1.01 engraves the over
Law/ engaging in any unlawful, disho
June 18,
1.03 proscribes lawyers from
2013
delaying any man’s cause for a
Labor Law Rule 6.02 is particularly dire
Backwages/
Suspension enjoining them from using one
interests; (2) advance private
interfere with public duties. It
government office may be disc
his misconduct also constitutes
light, a lawyer’s compliance wi
rules should be taken into con
to continue in the practice of la
To note, “the possession of g
precedent and a continuing req
and to retain membership in
the lawyer’s duty to observe t
safeguard the Bar’s integrity.
part of a lawyer, be it in the l
tends to show deficiency in m
demeanor, is sufficient to warr

Fundamental in the realm of

separate and distinct from se
are awarded conjunctively t
dismissed. There is nothing
finding that complainant was i
and the CA were all unanimo
arbiter, it is hardly believable
that complainant was entitle
pronouncement of illegal dism
deserves scant consideration.

Jurisprudence illumines that

willful, flagrant, or shameless,
opinion of the upright and re
treads the line of grossness
criminal act, or so unprincipled
or when committed under suc
to shock the community’s sen
misconduct constitutes “impro
some established and defin
dereliction of duty, willful in ch
not mere error of judgment.”

Section 27, Rule 138 of the Ru

found guilty of gross immoral
suspended or disbarred: SEC.
Supreme Court on what gro
removed or suspended from h
for any deceit, malpractice, o
grossly immoral conduct, or
involving moral turpitude, or
required to take before the
disobedience of any lawful ord
willful appearing as an attorne
 to do. The practice of soliciti
either personally or throug
malpractice. (Emphasis and un
violations clearly constitute
misconduct, his disbarment sho
the Court takes judicial notic
disbarred in a previous admin
Ricardo G. Barrios, Jr., 615 SC
the Court from duplicitously
foregoing, the Court deems it
amount of P40,000.00 in order
discussed herein and to equa
similar acts in the future.

As a final word, the Court st

practice of law is a privilege
meet its exacting qualificat
opportunity which the profess
uphold its integrity and honor
that its members continuousl
protect moral uprightness in th
well as in their personal lives.
the deceitful, immoral and corr

308 Election Law JALOSJOS vs. G.R. No. COMELEC/ Section 3, Article IX-C of the
THE 205033. Disqualification of reconsideration before the COM
COMMISSION June 18, Candidates/ Statutory only to cases where the COM
ON ELECTIONS 2013 Construction/ finds no application, howeve
Attorney’s Fees/ exercise of administrative func
well-defined. As illumined in V
[T]he term ‘administrative’ c
especially management, as b
superintending, the execution
things. It does not entail an op
weighing of evidence, and a
‘quasi-judicial function’ is a ter
etc., of public administrative
investigate facts, or ascertain
draw conclusions from them,
exercise discretion of a judicial

In Jalosjos, Jr. and Cardino, 68

COMELEC’s denial of due cour
of a candidate’s disqualificatio
conviction is subsumed under
laws relating to the conduct of
it is the COMELEC’s duty to c
notwithstanding the absence
proceeding for the resolution o

In this light, there is also no vio

COMELEC En Banc would be
Administrative power is concer
enforcing orders as determin
petitioner’s disqualification to
settled in a previous case and n
upon the COMELEC En Banc to
it be remiss in fulfilling its du
regulations relative to the con
the fact that the denial of
registered voter in Zamboanga
of the RTC’s Order dated Octo
non-compliance with the vote
39(a) of the LGC is already b
sufficient ground for the cance

Well-established is the rule th

in connection with those alrea
matter and all should be made
can be done by any fair and rea

The following persons are disq

position: (a) Those sentenced
moral turpitude or for an offen
imprisonment, within two (2)
and underscoring supplied) An
reads: ART. 30. Effects of th
absolute disqualification.—Th
absolute disqualification for p
effects: 1. The deprivation of t
the offender may have held, ev
deprivation of the right to vote
be elected to such office. 3. Th
employments and for the exerc
of temporary disqualification,
paragraphs 2 and 3 of this A
sentence. 4. The loss of all righ
any office formerly held. (Emp
with the above-mentioned st
observes that the conflict be
properly reconciled. In particul
prior convict to run for local
years from the time he serves
be deemed to cover cases wh
principal or accessory, which h
run for elective office. An exam
which imposes the penalty of
accessory to the principal pen
temporal: ART. 41. Reclusion
accessory penalties.―The pen
temporal shall carry with them
the period of the sentence as
absolute disqualification whic
pardoned as to the principal
expressly remitted in the pard
In this relation, Article 30 of t
penalty of perpetual absolute
the convicted felon of the privi
penalty, as well as other pen
presumptive rule that one wh
felony, or other base offense
hold public office, as the sam
grants only to such classes of p
for the common good.

general legislation must give

subject, and generally is so inte
the special provisions are not a
the import of Article 41 in rela
and specific in nature ― insof
elective office due to his conv
the LGC which broadly speaks
those punishable by one (1) y
consideration of certain disqu
Accordingly, Section 40(a) of t
general application and theref
provisions in line with the pri
general legislation must give
subject, and generally is so inte
the special provisions are no
statutes are of equal theoretic
specially designed therefor sho
Article 41 of the RPC expre
convicted of a crime punish
temporal continues to suffer th
disqualification even though pa
the said accessory penalty sh
pardon. In this case, the same
remitted in the Order of Comm
as such, petitioner’s disqualific
to subsist. Further, it is well to
in the aforementioned accesso
and in this respect, does not
which is imposed as its princip
Court’s ruling in Lacuna v. Ab
explained the meaning of the t
of disqualification to run for
temporary absolute disqualifi
office and for the right to vot
the term of the sentence (Arti
Penal Code) that, in the case o
1961. But this does not hold
penalty of perpetual special di
of suffrage. This accessory pe
vote or to be elected to or ho
from temporary special disqua
the sentence.

Certificate of Candidacy (CoC)

cancelled for his failure to
requirement in light of the Re
denying Jalosjos’ inclusion as a
for its denial was the perpe
arising from the reclusion perp
Commission on Elections (Com
faulted.

On the latter ground to th

disqualification is motu propr
exercise of its administrative
the cancellation it ordered. Fro
the perpetual absolute disqu
proper place and role is th
cancellation of a CoC, and on
candidate who has filed an oth
as a defense that he or she h
 erased the accessory penalties
in the recent case of former
example glaringly shows tha
involves a question of fact t
process and cannot, motu pro
powers, be simply cited as a gr

A party whose CoC is denied o

candidate; on the other hand
subsequently disqualified (e
Sections 68 and 12 of the Om
was not allowed to be voted fo
to serve if he would win. Direc
of the Omnibus Election C
disqualified candidates as has
Lucas P. Bersamin in the re
Elections, 683 SCRA 197 (2012)

309 Remedial Law MARILAG vs. G.R. No. Judgments/ Dismissal A case is barred by prior judg
MARTINEZ 201892. of Action/ Loan/ elements concur: (a) the judgm
July 22, Foreclosure of final; (b) the decision must
2015 Mortgage/ jurisdiction over the subject m
the case must be a judgment
between the first and second
and causes of action.

To lay down the basics, litis pe

civil action, refers to that situ
between the same parties for
second action becomes unnec
pendentia to be invoked, th
identity of parties, or at least su
in both actions; (b) identity of
relief being founded on the sa
preceding particulars is such th
case, regardless of which party
in the other. The underlying pr
a party is not allowed to vex an
subject matter and for the sam
on the public policy that the
subject of controversy in cour
conflicting judgments may be
rights and status of persons, a
incident to numerous suits. Co
to split up a single cause of act
the whole cause must be deter
cause of action is a mode of
based on the same cause of ac
ground of dismissal is litis pend

In loan contracts secured by a

creditor-mortgagee has a
debtor--mortgagor, i.e., to re
personal action for collection o
action to foreclose on the m
alternative, not cumulative or
by itself. Thus, if the creditor-m
mortgage, he waives the acti
except only for the recovery o
outstanding obligation of the
price in the public auction sale
a deficiency judgment shall o
mortgaged property was sold
the outstanding obligation.

While the ensuing collection c

executed by respondent who w
not constitute a separate and
given rise to a separate cause o
bereft of any indication that re
obligation and the execution o
the contract of loan between
express agreement or any act
that novation is never presum
shown. Thus, in order for a new
parties to a contract must exp
old contract in favor of a new o

As petitioner had already instit

the mortgaged property, she
ordinary action for collection,
in the foreclosure case had att
collection case is in order. Con
for return of excess payment
counterclaim and, thus, surviv
suit, the same should be r
evidentiary support.
 Inasmuch as the court a quo fa
factual or legal basis for the aw
as required under Article 2208
to delete the same. The rule
clearly state the reasons for a
decision, not merely in its disp
precluded from supplementing

310 Remedial Law VISAYAN G.R. No. Certiorari/ Under Section 4, Rule 65 of th
ELECTRIC 205575. should be filed “not later th
COMPANY July 22, judgment, order or resolution”
Labor Law EMPLOYEES 2015. CBA/Termination of reglementary periods are strict
UNION-ALU-TU Employment/ prevention of needless delay
CP , vs. speedy discharge of judicial bu
VISAYAN a jurisdictional caveat that eve
ELECTRIC
COMPANY,
INC. (VECO), The fact that the delay in the f
one day is not a legal justif
requiring that it be filed not la
assailed judgment, order or res
theory that the ends of justice
petition for certiorari filed on
(60) days, it cannot be taken
Court had previously declared
days [or sixty days as in the pre
thirty-one days. If that deadlin
one case, what would preven
days in another case, and so
forgotten or buried in the
alterations? That is intolerable.
of a statute and disregard it lik
and fancy should play no part i

It is a fundamental doctrine in
the parties and they are obli
provisions of the CBA seem cl
of their stipulations shall contr
and specific provisions of the C
shall be paramount to and gove
XVII of the CBA states that “
dispute problem or compl
Company-Worker relations co
of this Agreement or regarding
Company-Worker relations sh
other hand, under Section 13
henceforth there shall be a fa
regulations. It is understood
employee or laborer shall be
promulgated by the Company
laws on the matter.”

The Court has consistently he

must be based on willful breac
his employer. Such breach is w
and purposely, without justifia
done carelessly, thoughtlessly,
must be based on substantial e
or caprices or suspicions[,] o
remain at the mercy of the em
just cause for dismissal, the ac
show that the employee conc
employer. In addition, loss of c
the employee concerned hold
confidence or that the employ
with respect to delicate matte
of the property and assets of
the essence of the offense for w

With the derogatory statemen

to incite, not just public cond
obstruction against rate increa
law, to fix, there can be no dis
and confidence in Mahilum a
utmost efficiency and loyalty
handle customers and funds. S
be compelled to retain an emp
interests of the employer. A
employee if only as a measure

As a final word, while it is the s

labor, this policy should not
management and capital. In
capital, fairness and justice sho
mandate that every dispute sh
labor. Justice is to be granted t
of the established facts and the
311 Civil Law GO vs. THE H. R. No. Trusts/ Trust is the right to the benefic
ESTATE OF THE 211972. re-conveyance/ Buyer which is vested in another. It
LATE FELISA July 22, in Good Faith/ trustee to deal with the prope
TAMIO DE 2015. relations between parties may
BUENAVENTUR trust is created by the intentio
A implied trust comes into being
G.R. No.
212045.
GUERRERO vs. July 22, Express trusts are created by
THE ESTATE OF 2015 some writing or deed, or will,
THE LATE evincing an intention to creat
FELISA TAMIO Code, “[n]o particular words a
DE trust, it being sufficient that a
BUENAVENTUR create a trust without using t
A. the mere fact that these words
intention to create a trust. T
trustor manifested an intentio
to lawyers is known as trust.
that the relationship which h
whether or not he knows the
which is called a trust.

Anent the issue of prescripti

reconveyance instituted by res
the jurisprudential rule that e
from the time the trust is
repudiation of the express tru
sold the subject property to W
complaint for reconveyance a
October 17, 1997, or only a f
property to Wilson and Pete
prescribed.

A purchaser in good faith is

without notice that some othe
such property and pays a full
such purchase, or before he h
interest in the property. Coroll
actual possession of persons
wary and should investigate t
making such inquiry, one cann
When a man proposes to buy
public manuscript, that is, to lo
his rights are. A want of cautio
ordinary prudence is accustom
 contemplation of law, a want
know or discover that the lan
another is a buyer in bad faith.

312 Labor Law BAUTISTA vs. G.R. No. Disability benefits/ The entitlement of overseas s
ELBURG 206032. Work-Related Illness/ governed, not only by medical
SHIPMANAGE August 19, Occupational pertinent statutory provisions
MENT 2015 Diseases 191 to 193) of the Labor Code
PHILIPPINES, implementing Title II, Book I
Remedial Law INC., contracts are: (a) the POEA-SEC
Evidence; is deemed incorporated in eve
Presumptions the CBA, if any; and (c) the emp
and his employer.

The 2000 POEA-SEC defines

resulting in disability or dea
employment” and “work-relat
disability or death as a result
Section 32-A of this contract
viz.: 1. The seafarer’s work mus
disease was contracted as a
described risks; 3. The disea
exposure and under such othe
There was no notorious neglige

Section 32(A)(11) of the

Cardiovascular Disease (CVD)
contracted under any of the f
disease was known to have bee
be proof that an acute exac
unusual strain by reasons of th
that brings about an acute atta
followed within 24 hours by
constitute causal relationship
asymptomatic before being sub
symptoms of cardiac injury dur
symptoms and signs persist
relationship.

A party in whose favor the le

invoke such legal presumption
presumption upon the burd
presenting evidence to overco
 which, if no contrary proof is
their bare and self-serving
Cardiovascular Disease was a m
II, respondents failed to intro
otherwise overcome the disp
the said disease.

Verily, it is not required that th

should be the sole factor in
cardiovascular disease so as to
therefor. It suffices that his em
a small degree, to the develo
presume that, at the very leas
had contributed to the aggrava
Cook, he was exposed to co
physical strain.

313 FAUSTINO A.
SILANG vs.
COMMISSION
ON AUDIT

314

315

316

317

318

319

320

321

322

323

324

325

326

327
CASE Syllabus Title Case Title G.R. No., SPECIFIC TOPIC
NO Date
141 Administrative MARQUEZ vs. AM. No. Code of Conduct and Section 8 of RA 6713, requir
Law OVEJERA P-11-2903. Ethical Standards for accomplish and submit declara
Public Officials and net worth and financial and b
February
Employees/ SALN/ spouses and of unmarried chil
5, 2014
Public Officers; households. In this relation, th
Penalties; of the concerned public offic
acquisition costs, assessed v
personal property and acqui
investments, cash on hand or
liabilities, and (e) all business in

Verily, the requirement of SA

 minimizing the opportunities
maintaining a standard of h
disclosure, the public would, t
the affluence of public official
and balance mechanism to v
sources of income.

As for the appropriate penalty

public official or employee, reg
or employment in a casual, te
capacity, committing any viola
among others,] a fine not exc
salary x x x depending on the g
hearing by the appropriate b
jurisprudence, the Court finds
P5,000.00 is amply justified c
SALN for the years 2004 and 2
too that same does not appear
fraudulent intent.

142 Agrarian QUINTOS vs. I. R. No. Tenancy Relationship/ Tenancy is a legal relationship
Reform/ DEPARTMENT 185838. Burden of facts as required by law. For a
Remedial Law OF AGRARIAN Proof/Special Civil parties, the following essentia
February
REFORM Actions/ Foreclosure are the landowner and the ten
10, 2014.
ADJUDICATION of Mortgage land; (c) there is consent b
BOARD agricultural production; (e) th
and (f) there is sharing of the h
elements must concur in order
absence of one does not m
cultivator or a planter thereon
tenure under existing tenancy l

The burden of proof rests on th

affirmative allegation by subs
satisfactory manner the facts
the opposite party under no ob
The rule applies to civil and adm

It bears stressing that the righ

right of a landowner, except
consent of the landowner sho
tenants.
 In the present case, the PARA
tenancy relationship exists bet
who were allegedly installed a
the mango orchard at that ti
showing that APT was authori
install tenants thereon. To be
original mortgagees in this case
yet to exercise their right to fo
the RTC’s order enjoining the
not become the owner of the m
the mortgage and, thereafter,
sale. With the foreclosure pro
not have been regarded as t
Thus, since the consent of the
secured by APT in this case, it
agreement with the KAMIFCI m

143 Criminal Law PEOPLE vs. G.R. No. Rape/Statutory Rape/ Statutory rape is committed b
GUILLERMO 207819. Child-Witnesses/Quali 12 years of age regardless of h
March 12, fied Rape act. Proof of force, intimidation
2014.* elements of statutory rape, co
is conclusively presumed when
age, the law presumes that the
is incapable of giving intellig
convict an accused of the crime
the burden of proving: (a) the
the accused; and (c) the sexual
complainant.

Absent any evidence that the

arbitrariness or oversight of
especially so when affirmed by
not conclusive and binding o
child-victims are normally give
particularly if she is a minor,
effect all that is necessary to sh
When the offended party is
inclined to give credit to her ac
only her relative vulnerability b
exposed if the matter to wh
immaturity are generally badg
revelation that she had be
submission to medical examin
trial where she could be comp
on her dignity, cannot be so ea
 It is apt to discuss that Repub
qualifying circumstances that w
rape from reclusion perpetua t
minor under 18 years of age
step-parent, guardian, relative
third civil degree, or the comm
— a circumstance that was not

The Court likewise agrees th

reclusion perpetua for each co
apt to discuss that R.A. 8353 in
that would increase the pena
perpetua to death, e.g., when
years of age and the offend
guardian, relative by consan
degree, or the common-law
circumstance that was not pr
Article 335 of the RPC. Thus, th
qualify the first two (2) rape
enactment of R.A. 8353, but it
one. Nevertheless, in light of t
to R.A. 9346, the imposable pe
to reclusion perpetua, with th
parole.

144 Remedial REPUBLIC vs. G.R. No. Civil Procedure/ An order denying a motion to
Law/Constituti TRANSUNION 191590. Actions/ Dismissal of neither terminates nor finally d
onal Law CORPORATION April 21, Actions/ Interlocutory be done by the court before
2014 Orders/Exhaustion of Thus, as a general rule, the
Administrative questioned in a special civil
Remedies designed to correct errors of
However, when the denial of t
abuse of discretion, the grant
Due Process/ may be justified. By grave abu
and whimsical exercise of j
jurisdiction. The abuse of discr
exercised in an arbitrary or d
personal hostility, and must b
evasion of positive duty or t
enjoined by or to act at all in co

The rule on exhaustion of ad

remedy within the administra
giving the administrative office
 on a matter that comes within
be exhausted first before the
elaborate, the rule on exhaus
that if a remedy within the adm
to by giving the administrativ
decide on a matter that come
should be exhausted first befor
The underlying principle of th
administrative agency, if affor
matter will decide the same co

The Court finds that there w

administrative due process sin
did it file an answer, but it a
offered the same. It is well-
process is the opportunity
unquestionably afforded in th
remedies of reconsideration
unavailable, either by statute
report and recommendation
administrative due process, o
ground for a motion to dismis
proper.

145 Administrative DULANG vs. B. M. No. Speedy Disposition of Prompt disposition of cases is
Law/ Remedial REGENCIA MTJ-14-18 Cases/Undue Delay in and dedication to duty of jud
Law 41. Rendering Decision delay in the disposition of ca
litigants. Accordingly, judges sh
June 2,
and responsibility in the disc
2014.
Rules of Summary justice promptly. This is embo
Procedure Judicial Conduct which states
business promptly and decide
echoed in Section 5, Canon 6 o
Philippine Judiciary which prov
duties, including the delivery o
with reasonable promptness.”

Remedial Law; Rules of Summ

is governed by the Rules of
period of thirty (30) days fro
position paper within which a
an ejectment case, it is gover
which clearly sets a period of t
last affidavit or position paper
issued. Despite this, Judge Reg
(2) years and four (4) months l
 prescribing the time within
indispensable to prevent nee
disposition of cases and, thus
Court has nevertheless been m
understanding of circumstanc
disposing of their businesses an
due to justifiable reasons. How
acceptable reason in delaying t
making her administratively
decision.

Undue delay in rendering a de

punishable either by: (a) suspe
benefits for not less than one
of more than P10,000.00 but n
proper sanction on Judge Rege
aforementioned misrepresent
administratively liable for gro
pay a fine of P5,000.00 and
similar offense will be dealt w
observed by Justice Arturo D. B
her length of service of more
instead of being considered
already known that Civil Case
summary proceeding and, th
Hence, a fine of P40,000.00
appropriate penalty for Judge R

146 Administrative OFFICE OF THE A.M. No. Court Personnel/ Notably, the Court also addre
Law/ Remedial COURT P-13-3132. Dismissal from jurisdiction in the same ca
Law ADMINISTRAT June 4, Service administrative jurisdiction ove
OR vs. 2014 Constitution and the Adminis
AMPONG every branch, agency, sub
Immutability of government, and governme
Judgments/ Pursuant to its administrative
“control, supervise, and coord
authority grants to the CSC
irregularity or anomaly connec
Constitution provides that
administrative supervision ov
virtue of this power, it is only
judges’ and court personnel
regulations. It may take the pr
they commit any violation. No
into this power, without runn
powers. Thus, this Court rule
investigation of a judge on the
It violates the specific mand
Supreme Court supervisory po
undermines the independence
the dishonest act before she jo
the administrative reach of
administrative jurisdiction ov
Supreme Court, regardless of w
or after employment in the jud

Pursuant to the doctrine of im

“a decision that has acqu
unalterable, and may no longe
modification is meant to corre
Ampong could no longer
modification and reversal. Con
service on account of Ampong
course. In line with Section 58
Cases in the Civil Service (URAC
the following administrative d
eligibility; (b) forfeiture of
disqualification from re-emp
instrumentality, including a
corporation or government fin
to similarly suffer the same.

Despite Ampong’s dismissal o

nevertheless be entitled to r
pursuant to the aforemention
not include the forfeiture of t
their dismissal from the servic
the leave credits that they
employment. As a matter of fa
of such remuneration, which th

It must be stressed that every

example of integrity, uprightn
she must exhibit the highest s
the performance of her official
dealings with other people,
standing. The image of a cou
official and otherwise, of the
judge to the lowest of its perso
 to adhere to the exacting sta
professional and private condu
integrity of the courts of just
stringent standards set for a ju
deserve to remain with the Jud

147 Remedial Law REPUBLIC OF G.R. No. Moot and Academic A case or issue is considered
THE PHILIPPINE 192302. present a justiciable controver
vs. MANALO June 4, an adjudication of the case or
2014 practical value or use. In suc
relief which a petitioner wou
negated by the dismissal of
jurisdiction over such case or d
judgment in a case which pre
enforced.

148 Criminal Law PEOPLE vs. G.R. No. Rape/ Acts of For the charge of rape to prosp
DELA CRUZ 192820. Lasciviousness/ that (1) the offender had ca
June 4, Penalties accomplished the act through
Remedial Law; 2014.* was deprived of reason or o
under 12 years of age or was d
Evidence/
Witnesses/Motives/
Testimonial Evidence Any person who shall comm
persons of either sex, under a
preceding article, shall be puni
of this crime are: (1) the offen
lewdness; (2) it is done under
using force or intimidation, or
reason or otherwise unconscio
12 years of age; and (3) the o
sex.

As held in Dizon v. People, 600

that when the credibility of a w
this case, the findings of the tr
of the witnesses and its assess
well as its conclusions anchore
not conclusive effect. This is b
opportunity to observe the de
position to discern whether th
court’s findings have been af
present case, said findings are
The accused-appellant’s bar
consideration. The same canno
affirmative testimonies of AAA
argument that the alleged ill
credibility, the same is utterly
correct in holding that ill moti
affirmative and credible decla
establishes the liability of the a
her identification of the acc
occasion to rule in People v.
unlikely for a young girl and h
their own blood relative and fa
victim’s honor. Indeed, no me
encourage the victim to public
unless the crime was in fact co
offender and the victim are fat

Verily, we also held in Dizon v.

cases, the testimony of compl
in its entirety, and not in its
thereof. The true meaning of
witness is to be ascertained w
and answers given thereto. Th
been said or done must be
phrases alone. Facts imperfect
supplied or clarified by one’s an

Notwithstanding the provision

Code, the Court of Appeals co
that should be imposed upo
reclusion perpetua. This is in a
No. 9346, which imposes the
death, when the law violated
penalties of the Revised Penal C

Same; Acts of Lasciviousne

lasciviousness is punishable w
No. 3254-M-2004, the crime o
prisión correccional. In view
relationship attendant in thi
imposed in its maximum perio
(2) months and one (1) day to
Sentence Law, the said penalty
 the minimum term shall be wit
degree to that of the penalty p
one (1) month and one (1) day
Court of Appeals correctly im
penalty of imprisonment rangin
minimum, to six (6) years of pri

149 Remedial Law PIEDAD vs. G.R. No. Special Civil Actions/ Unlawful detainer is an actio
GURIEZA 207525. Unlawful Detainer / from one who unlawfully w
June 18, Actions expiration or termination of
2014 contract, express or implied. Th
detainer is originally legal but
termination of the right to po
unlawful detainer case is the
property involved, independen
parties. An ejectment case, b
tolerance, falls under the ca
plaintiff allows the defendan
without any contract, the defe
promise that he/she will vacat
unlawful detainer will lie.

Under Section 1, Rule 70 of th

filed “within one (1) year after
of possession” and must alle
lawful possession of the prop
tolerance of the plaintiff; (b)
the property became illegal o
defendant of the expiration or
possession; (c) thereafter, the
property and deprived the plai
one (1) year from the unlawfu
the plaintiff instituted the com

150 Civil Law RANA vs. J. R. No. Property/ Nuisance/ Under Article 694 of the Civil
WONG 192861. Damages/ In Pari omission, establishment, busi
June 30, Delicto/ Recovery of else which: (1) Injures or enda
2014 Property/ Attorney’s Annoys or offends the senses;
SPS. ROSARIO Fees or morality; or (4) Obstructs o
G.R. No.
vs. SPS. public highway or street, or an
192862.
REYNALDO . the use of property.” Based on
June 30,
Malicious deemed to be “so comprehen
2014.
Prosecution/ ways which have interfered
person, property, the enjoyme
Article 695 of the Civil Code
object or objects that they aff
be: (a) a public nuisance (o
neighborhood or any conside
extent of the annoyance, dan
unequal”); or (b) a private nui
foregoing definition” [or, as c
private rights and produces d
Jurisprudence further classifi
susceptibility to summary aba
prior judicial permission). In th
nuisance per se (or one which
and property and may be sum
necessity”); or (b) a nuisance p
certain conditions and circums
of fact, it cannot be abated w
authorized to decide whethe
nuisance.”)

Aside from the remedy of sum

under the parameters stated
706 (for private nuisances) o
property right was invaded or
omission, establishment, busin
may file a civil action to recov
judicially sought through a
requirements under the Civil
requisite that the nuisance is a
the remedies of abatement a
may be demanded.

As the records establish, Sps

Wong, et al. and to their sole
half of the 10-meter wide sub
Subdivision, Wong, et al. main
and free passage over the s
portion, Sps. Rana introduced
transgressed the aforesaid
recognition of Wong, et al.’s
liable for nominal damages. U
have the discretion to deter
damages without actual proof
Assessing the respective infrac
it prudent to sustain the CA’s
said parties against each other
the CA in result since the la
ruling, the in pari delicto princi
v. Ong (Yu Guan), 367 SCRA 55
the in pari delicto principle
inexistent and void contracts,
Principle The principle of in pa
are equally at fault, the law lea
by either one of them. How
respect to inexistent and void
Court of Appeals: “The princip
all recovery to the guilty part
nullity arises from the illegality
contract. When two persons ar
them. The exception to this ge
with respect to inexistent c
omitted) Clearly, no void or in
the Court’s disagreement wit
respect.

Settled is the rule that in o

property may prosper, the par
the identity of the thing and h
the report of the court-app
conducted a relocation survey
and delineated the boundarie
Sps. Uy’s perimeter fence intru
the RTC and the CA relied
competent showing that the s
no reason to deviate from the
Having sufficiently proven their
the return of the 2 sq. m.
compliance by Linda Rana with
to build a retaining wall on
pending return of the encroach

As the Court sees it, the f

complaints against each other
have been precipitated by any
warrant the payment of dama
pointed out by the CA, malicio
cases, requires the presence of
(b) absence of probable cause
 prosecution was prompted by
person; and that it was initia
was false and baseless. He
subsequently turns out to be
liable for malicious prosecutio
impose a penalty on the ri
elements were not duly proven
hereby denied.

With respect to the claims for

the parties to have sustained
parties’ acts, an award of mora
in this case. Article 2217 of th
include physical suffering, m
besmirched reputation, wo
humiliation, and similar in
computation, moral damages m
result of the defendant’s wron
Article 2219 of the same code (
may be recovered in the follo
offense resulting in physical i
injuries; (3) Seduction, abduc
Adultery or concubinage; (5) I
Illegal search; (7) Libel, sland
Malicious prosecution; (9) Acts
and actions referred to in Artic

The Court deems that an a

inappropriate since these dam
or correction for the public go
liquidated or compensatory da
view the present matters of s
grant the parties’ claims for the

Considering that neither of the

their claims for malicious prose
exemplary damages, and (c) th
under Article 2208 of the Civil C
fees and litigation expenses ag

152 Administrative ELPIDIO P. B. C. No. Disbarment It has been consistently held b

TIONG, character is not only a cond
 Law/ complainant, 4428. continuing requirement to m
vs. ATTY. profession. It is the bounden
December
GEORGE M. highest degree of morality in o
12, 2011
FLORENDO Consequently, any errant beha
public or private activities, wh
character, honesty, probity or g
suspension or disbarment.

Respondent’s act of having an

disrespect for the laws on the
vow of fidelity. It showed his u
the ethics of his profession
confidence reposed on him by
under Canon 17 of the Code o
therefore, his illicit relationship
and grossly immoral conduct
Court. Section 27, Rule 138
attorney may be disbarred or s
any deceit, malpractice, or o
immoral conduct, among other

It bears to stress that a case o

and not meant to grant relief
intended to cleanse the ranks
members in order to protect
investigation into the acts of re
as an officer of the Court and
Bar. Hence, the Affidavit dat
affidavit of desistance, canno
proceedings.

153 Mercantile ACE G.R. No. Bill of Lading/Agency/ A bill of lading is defined as “a
Law NAVIGATION 171591. or his agent, describing the fre
CO., INC., vs. June 25, the consignor, the terms of t
Civil Law
FGU 2012 directing that the freight to b
INSURANCE specified person at a specified
CORPORATION a contract. As a receipt, it r
and PIONEER describes the goods as to qu
INSURANCE marks and condition, quality,
AND SURETY contracting parties, which in
CORPORATION destination, and freight rates
obligations assumed by the pa
the parties who make them, th

Article 1868 of the Civil Code

 agency, a person binds him
something in representation or
authority of the latter.” Cor
provides that an agent is not p
contracts, unless he expressly
authority without giving such p

154 Administrative OFFICE OF THE B. M. No. Public Officers Jurisprudence is replete with ru
Proceeding COURT RTJ-10-223 jurisdiction over an administr
ADMINISTRAT 5. filed during the incumbency
OR, vs. employee. This is because
March 11,
GRAGEDA predicated on the holding of
2013
service. However, once jurisdic
the mere fact that the public o
during the pendency of the ca
of resignation, death or retire
filed against the said officer or
the public service or render it m

In the case of Office of the O

(2011), the Court ruled that wh
conducting an investigation ag
institute an administrative c
resigned, more so since his res
the service was not availed of t
administrative case or to pre-e
also dismissed an administra
stenographer for having been i
from the service. Moreover, in
in Regional Trial Court, Branch
8 (2013), the Court absolved he
administrative liability since th
retirement from the judiciary.

155 Civil Law RURAL BANK I. R. No. Land Civil Law; Land Registration; C
OF STA. 200667 Registration/Consolid of title in the purchaser’s nam
Remedial Law
BARBARA March 11, ation of Titles the property, the purchaser’s r
Appeals
(ILOILO), INC., 2013 right of a confirmed own
vs. consolidation of title in the pur
CENTENO, Appeals to redeem the property, the p
the absolute right of a confirm
writ of possession, upon pro
purchaser in an extrajudicia
ministerial function, unless it a
of a third party claiming a rig
foregoing rule is contained in
 which partly provides.

In China Banking Corporation v

held that the phrase “a third p
adversely to the judgment ob
third party holds the property
co-owner, tenant or usufructua
usufructuary possess the prop
merely the successor or transf
co-owner or the owner of the p
only be possessed by a third
adversely to the judgment obli

On the issue regarding the ide

his Comment, records show
petitioner’s title over the s
proceedings. Accordingly, the
established for the purpose of
principle that absent any cl
capriciousness committed by
binding and conclusive upon th

156 Remedial Law KAPISANANG G.R. No. Forum Shopping Forum shopping exists “when
PANGKAUNLAR 175900. judicial remedies in different
AN NG June 10, substantially founded on the s
KABABAIHANG 2013 facts and circumstances, and
POTRERO, INC. either pending in, or already r
vs.BARRENO What is truly important to co
not is the vexation caused the
asks different courts and/or ad
or related causes and/or grant
in the pro-cess creating the
rendered by different fora upo

157 Remedial Law SURIGAO DEL G.R. No. Appeals/Procedural It must be pointed out that the
NORTE 187722. Rules and of fact. In this light, it is an es
ELECTRIC June 10, Technicalities/ Court in cases brought before
Labor Law COOPERATIVE, 2013 certiorari under Rule 45 of t
INC. vs. reviewing errors of law as the
GONZAGA exercise of its power of review
Civil Law; conclusive and binding as it is
Illegal Dismissals/ weigh evidence all over ag
Serious Misconduct; exceptions to this rule is wh
Gross and Habitual findings of facts of the NLRC a
Neglect of Duty/ need to review the records
Formal Hearing preferred as more conformabl
Accordingly, the Court procee
attendant to the termination o

In termination cases, the burde

that the dismissal is for a valid
the matter a case of illegal d
proof which the employer mu
as defined in case law, mean
reasonable mind might accept
if other minds, equally reasona

To note, petitioners could no

every bill or receipt due to th
Court takes judicial notice of
could indeed consist of mu
petitioners only sought to esta
the total cash shortage. In this
first establish the voluminou
presented, as discussed in t
dispensed with. Besides, tech
followed in labor cases and t
same.

The Court finds the evidence p

the bare denial of Gonzaga, su
to prove that he committed s
neglect of duty to warrant his
causes for termination which a

under Article 296 of the L

Termination by Employer.—An
for any of the following ca
disobedience by the employee
representative in connection
neglect by the employee of h
admitted that he failed to r
SURNECO’s company policy, re
upon him. Therefore, for his e
of Ethics (failure to remit col
altogether.

Jurisprudence dictates that it is

“ample opportunity to be hear
formal hearing or conference
formal hearing and confere
Philippine Telegraph and Telep
Court laid down the followin
“ample opportunity to be he
(verbal or written) given to the
him and submit evidence in su
conference or some other fai
hearing or conference become
employee in writing or subs
company rule or practice req
justify it. (c) the “ample oppor
Code prevails over the “hear
implementing rules and reg
supplied] The rationale beh
premised on the fact that com
the procedure and requireme
on the employer. Thus, as pro
325 (2007): Company policies
Some can ripen into an obliga
those which confer benefits o
and requirements for their term

Same; Same; In Agabon v. N

SCRA 573 (2004), the Supre
dismissal is for a just cause, th
nullify the dismissal, or rende
employer should indemnify
statutory rights.―In this relati
terminates an employee for a
procedure is liable to pay the l
(Agabon), 442 SCRA 573 (200
dismissal is for a just cause, th
nullify the dismissal, or rende
employer should indemnify
statutory rights. Thus, in Agab
employee nominal damages in
the Court finds that the same p
the reason that an employer’s
equally violative of the labore
Hence, although the dismissal
award Gonzaga nominal damag

Pursuant to the established

generally elevated to this C
 certiorari under Rule 45 of the
by the CA through a petition f
Court. The object of a Rule 45
the assailed decision, i.e., wh
reversible legal error in resolv
Rule 65 petition is to determi
respondent court, i.e., whethe
abuse of discretion amounting
this review process, the Court
CA decision on a labor case in
the prism of whether it correct
grave abuse of discretion in th
decision before it, not on the b
merits of the case was correc
the CA correctly determined w
of discretion in ruling in this ca
CA erred in ascribing grave abu

Gonzaga’s misappropriation of
just and valid cause for his dism
Gonzaga was not afforded the
petitioners to observe their ow
employees. As ruled in Agabon
442 SCRA 573 (2004), “[w]here
instant case, the lack of stat
dismissal, or render it illegal
should indemnify the employe
Hence, the employer should b
damages, which has been set b

158 Criminal Law CABALLO vs. G.R. No. Child Prostitution/ Children, whether male or fem
PEOPLE OF THE 198732. consideration or due to the co
PHILIPPINES June 10, or group, indulge in sexual inte
2013. to be children exploited in p
penalty of reclusion temporal i
shall be imposed upon the fo
act of sexual intercourse or la
prostitution or subject to othe
victim is under twelve (12)
prosecuted under Article 335, p
No. 3815, as amended, the R
conduct, as the case may be;
conduct when the victim is
reclusion temporal in its
underscoring supplied) As de
(Olivarez), 465 SCRA 465 (200
are the following: (a) The accu
or lascivious conduct; (b) The s
in prostitution or subjected t
whether male or female, is belo

To put things in proper perspe

was meant to advance the stat
children from all forms of a
discrimination and other con
and in such regard, “provide
furthers the “best interests of
guided by this standard.

Driven by the foregoing consid

same law in order to penalize c
abuse. Section 5 thereof prov
“child exploited in prostitution
Olivarez v. CA, 465 SCRA 465 (2
(1998), and Amployo v. People
the aforesaid provision was a p
its original coverage to cases w
intimidated into sexual interco
for money or profit, viz.: Th
performed with a child exploi
sexual abuse, is likewise pres
Larin, 297 SCRA 309 (1998): A c
subjected to other sexual ab
intercourse or lascivious cond
consideration; or (b) under
syndicate or group... It must
situation in which a child is a
child, through coercion or int
We reiterated this ruling in Am
As we observed in People v. L
not merely cover a situation o
one in which a child engages i
or intimidation...

As it is presently worded, Sect

when a child indulges in sexua
to the coercion or influence o
“child exploited in prostitution
the law is able to act as an effe
neglect, cruelty, exploitation
prejudicial as they are to the
further clarifies that sexual in
coercion or influence of any
compulsion equivalent to intim
the offended party’s free will.
on Child Abuse Cases conveys
influence which manifests in
employment, use, persuasion,
child to engage in or assist
intercourse or lascivious cond
incest with children.

Jurisprudence settles that co

violation of Section 5, Article I
AAA and Caballo were sweeth
is largely instructive on this po
lascivious conduct in child abu
defense is unacceptable. A chi
other sexual abuse cannot vali
another person. The language
“[t]hose who commit the act o
with a child exploited in prostit
Unlike rape, therefore, consen
of Section 5, Article III of R
intercourse or committing la
exploited in prostitution or s
offense. It is a malum prohib
cannot give consent to a con
rationale that she can easily b
of fully understanding or know
The State, as parens patriae, is
of harm to those who, becau
take care of themselves fu
protection. The harm which re
encounter may be infinitely m
deal. Thus, the law should prot
her attempts at adult sexual be
be deemed to have validly c
surrender herself in the act o
which seeks to afford her spe
and discrimination. (Otherwise
justified, or even unwittingly
game and vulnerable prey.) In
be incapable of giving rationa
intercourse.
159 Agrarian LAND BANK OF G.R. No. Just Compensation The principal basis of the com
Reform THE 192890. 17 of RA 6657, which enume
PHILIPPINES, June 17, special agrarian courts in the
vs. 2013 cost of the land; (2) the curre
PALMARES actual use, and income; (4) the
declarations; (6) the assessme
social and economic benefit
farmworkers, and by the go
nonpayment of taxes or loans
institution on the said land, i
under Section 49 of the same l
basic formula.

160 Legal Ethics ABELLA vs. Adm. Case Disbarment/ Immoral Chapter 1 of the Code, deline
BARRIOS No. 7332. conduct/ Practice of Rule 1.01 engraves the over
Law/ engaging in any unlawful, disho
June 18,
1.03 proscribes lawyers from
2013
delaying any man’s cause for a
Labor Law Rule 6.02 is particularly dire
Backwages/
Suspension enjoining them from using one
interests; (2) advance private
interfere with public duties. It
government office may be disc
his misconduct also constitutes
light, a lawyer’s compliance wi
rules should be taken into con
to continue in the practice of la

To note, “the possession of g

precedent and a continuing req
and to retain membership in
the lawyer’s duty to observe t
safeguard the Bar’s integrity.
part of a lawyer, be it in the l
tends to show deficiency in m
demeanor, is sufficient to warr

Fundamental in the realm of

separate and distinct from se
are awarded conjunctively t
dismissed. There is nothing
finding that complainant was i
and the CA were all unanimo
arbiter, it is hardly believable
that complainant was entitle
pronouncement of illegal dism
deserves scant consideration.

Jurisprudence illumines that

willful, flagrant, or shameless,
opinion of the upright and re
treads the line of grossness
criminal act, or so unprincipled
or when committed under suc
to shock the community’s sen
misconduct constitutes “impro
some established and defin
dereliction of duty, willful in ch
not mere error of judgment.”

Section 27, Rule 138 of the Ru

found guilty of gross immoral
suspended or disbarred: SEC.
Supreme Court on what gro
removed or suspended from h
for any deceit, malpractice, o
grossly immoral conduct, or
involving moral turpitude, or
required to take before the
disobedience of any lawful ord
willful appearing as an attorne
to do. The practice of soliciti
either personally or throug
malpractice. (Emphasis and un
violations clearly constitute
misconduct, his disbarment sho
the Court takes judicial notic
disbarred in a previous admin
Ricardo G. Barrios, Jr., 615 SC
the Court from duplicitously
foregoing, the Court deems it
amount of P40,000.00 in order
discussed herein and to equa
similar acts in the future.

As a final word, the Court st

practice of law is a privilege
 meet its exacting qualificat
opportunity which the profess
uphold its integrity and honor
that its members continuousl
protect moral uprightness in th
well as in their personal lives.
the deceitful, immoral and corr

308 Election Law JALOSJOS vs. G.R. No. COMELEC/ Section 3, Article IX-C of the
THE 205033. Disqualification of reconsideration before the COM
COMMISSION June 18, Candidates/ Statutory only to cases where the COM
ON ELECTIONS 2013 Construction/ finds no application, howeve
Attorney’s Fees/ exercise of administrative func
well-defined. As illumined in V
[T]he term ‘administrative’ c
especially management, as b
superintending, the execution
things. It does not entail an op
weighing of evidence, and a
‘quasi-judicial function’ is a ter
etc., of public administrative
investigate facts, or ascertain
draw conclusions from them,
exercise discretion of a judicial

In Jalosjos, Jr. and Cardino, 68

COMELEC’s denial of due cour
of a candidate’s disqualificatio
conviction is subsumed under
laws relating to the conduct of
it is the COMELEC’s duty to c
notwithstanding the absence
proceeding for the resolution o

In this light, there is also no vio

COMELEC En Banc would be
Administrative power is concer
enforcing orders as determin
petitioner’s disqualification to
settled in a previous case and n
upon the COMELEC En Banc to
it be remiss in fulfilling its du
regulations relative to the con
the fact that the denial of
registered voter in Zamboanga
of the RTC’s Order dated Octo
non-compliance with the vote
39(a) of the LGC is already b
sufficient ground for the cance

Well-established is the rule th

in connection with those alrea
matter and all should be made
can be done by any fair and rea

The following persons are disq

position: (a) Those sentenced
moral turpitude or for an offen
imprisonment, within two (2)
and underscoring supplied) An
reads: ART. 30. Effects of th
absolute disqualification.—Th
absolute disqualification for p
effects: 1. The deprivation of t
the offender may have held, ev
deprivation of the right to vote
be elected to such office. 3. Th
employments and for the exerc
of temporary disqualification,
paragraphs 2 and 3 of this A
sentence. 4. The loss of all righ
any office formerly held. (Emp
with the above-mentioned st
observes that the conflict be
properly reconciled. In particul
prior convict to run for local
years from the time he serves
be deemed to cover cases wh
principal or accessory, which h
run for elective office. An exam
which imposes the penalty of
accessory to the principal pen
temporal: ART. 41. Reclusion
accessory penalties.―The pen
temporal shall carry with them
the period of the sentence as
absolute disqualification whic
pardoned as to the principal
expressly remitted in the pard
In this relation, Article 30 of t
penalty of perpetual absolute
the convicted felon of the privi
penalty, as well as other pen
presumptive rule that one wh
felony, or other base offense
hold public office, as the sam
grants only to such classes of p
for the common good.

general legislation must give

subject, and generally is so inte
the special provisions are not a
the import of Article 41 in rela
and specific in nature ― insof
elective office due to his conv
the LGC which broadly speaks
those punishable by one (1) y
consideration of certain disqu
Accordingly, Section 40(a) of t
general application and theref
provisions in line with the pri
general legislation must give
subject, and generally is so inte
the special provisions are no
statutes are of equal theoretic
specially designed therefor sho

Article 41 of the RPC expre

convicted of a crime punish
temporal continues to suffer th
disqualification even though pa
the said accessory penalty sh
pardon. In this case, the same
remitted in the Order of Comm
as such, petitioner’s disqualific
to subsist. Further, it is well to
in the aforementioned accesso
and in this respect, does not
which is imposed as its princip
Court’s ruling in Lacuna v. Ab
explained the meaning of the t
of disqualification to run for
temporary absolute disqualifi
office and for the right to vot
the term of the sentence (Arti
Penal Code) that, in the case o
1961. But this does not hold
penalty of perpetual special di
of suffrage. This accessory pe
vote or to be elected to or ho
from temporary special disqua
the sentence.

Certificate of Candidacy (CoC)

cancelled for his failure to
requirement in light of the Re
denying Jalosjos’ inclusion as a
for its denial was the perpe
arising from the reclusion perp
Commission on Elections (Com
faulted.

On the latter ground to th

disqualification is motu propr
exercise of its administrative
the cancellation it ordered. Fro
the perpetual absolute disqu
proper place and role is th
cancellation of a CoC, and on
candidate who has filed an oth
as a defense that he or she h
erased the accessory penalties
in the recent case of former
example glaringly shows tha
involves a question of fact t
process and cannot, motu pro
powers, be simply cited as a gr

A party whose CoC is denied o

candidate; on the other hand
subsequently disqualified (e
Sections 68 and 12 of the Om
was not allowed to be voted fo
to serve if he would win. Direc
of the Omnibus Election C
disqualified candidates as has
Lucas P. Bersamin in the re
 Elections, 683 SCRA 197 (2012)

309 Remedial Law MARILAG vs. G.R. No. Judgments/ Dismissal A case is barred by prior judg
MARTINEZ 201892. of Action/ Loan/ elements concur: (a) the judgm
July 22, Foreclosure of final; (b) the decision must
2015 Mortgage/ jurisdiction over the subject m
the case must be a judgment
between the first and second
and causes of action.

To lay down the basics, litis pe

civil action, refers to that situ
between the same parties for
second action becomes unnec
pendentia to be invoked, th
identity of parties, or at least su
in both actions; (b) identity of
relief being founded on the sa
preceding particulars is such th
case, regardless of which party
in the other. The underlying pr
a party is not allowed to vex an
subject matter and for the sam
on the public policy that the
subject of controversy in cour
conflicting judgments may be
rights and status of persons, a
incident to numerous suits. Co
to split up a single cause of act
the whole cause must be deter
cause of action is a mode of
based on the same cause of ac
ground of dismissal is litis pend

In loan contracts secured by a

creditor-mortgagee has a
debtor--mortgagor, i.e., to re
personal action for collection o
action to foreclose on the m
alternative, not cumulative or
by itself. Thus, if the creditor-m
mortgage, he waives the acti
except only for the recovery o
outstanding obligation of the
 price in the public auction sale
a deficiency judgment shall o
mortgaged property was sold
the outstanding obligation.

While the ensuing collection c

executed by respondent who w
not constitute a separate and
given rise to a separate cause o
bereft of any indication that re
obligation and the execution o
the contract of loan between
express agreement or any act
that novation is never presum
shown. Thus, in order for a new
parties to a contract must exp
old contract in favor of a new o

As petitioner had already instit

the mortgaged property, she
ordinary action for collection,
in the foreclosure case had att
collection case is in order. Con
for return of excess payment
counterclaim and, thus, surviv
suit, the same should be r
evidentiary support.

Inasmuch as the court a quo fa

factual or legal basis for the aw
as required under Article 2208
to delete the same. The rule
clearly state the reasons for a
decision, not merely in its disp
precluded from supplementing

310 Remedial Law VISAYAN G.R. No. Certiorari/ Under Section 4, Rule 65 of th
ELECTRIC 205575. should be filed “not later th
COMPANY July 22, judgment, order or resolution”
Labor Law EMPLOYEES 2015. CBA/Termination of reglementary periods are strict
UNION-ALU-TU Employment/ prevention of needless delay
CP , vs. speedy discharge of judicial bu
VISAYAN a jurisdictional caveat that eve
ELECTRIC
COMPANY,
The fact that the delay in the f
INC. (VECO),
one day is not a legal justif
requiring that it be filed not la
assailed judgment, order or res
theory that the ends of justice
petition for certiorari filed on
(60) days, it cannot be taken
Court had previously declared
days [or sixty days as in the pre
thirty-one days. If that deadlin
one case, what would preven
days in another case, and so
forgotten or buried in the
alterations? That is intolerable.
of a statute and disregard it lik
and fancy should play no part i

It is a fundamental doctrine in
the parties and they are obli
provisions of the CBA seem cl
of their stipulations shall contr
and specific provisions of the C
shall be paramount to and gove
XVII of the CBA states that “
dispute problem or compl
Company-Worker relations co
of this Agreement or regarding
Company-Worker relations sh
other hand, under Section 13
henceforth there shall be a fa
regulations. It is understood
employee or laborer shall be
promulgated by the Company
laws on the matter.”

The Court has consistently he

must be based on willful breac
his employer. Such breach is w
and purposely, without justifia
done carelessly, thoughtlessly,
must be based on substantial e
or caprices or suspicions[,] o
remain at the mercy of the em
just cause for dismissal, the ac
 show that the employee conc
employer. In addition, loss of c
the employee concerned hold
confidence or that the employ
with respect to delicate matte
of the property and assets of
the essence of the offense for w

With the derogatory statemen

to incite, not just public cond
obstruction against rate increa
law, to fix, there can be no dis
and confidence in Mahilum a
utmost efficiency and loyalty
handle customers and funds. S
be compelled to retain an emp
interests of the employer. A
employee if only as a measure

As a final word, while it is the s

labor, this policy should not
management and capital. In
capital, fairness and justice sho
mandate that every dispute sh
labor. Justice is to be granted t
of the established facts and the

311 Civil Law GO vs. THE J. R. No. Trusts/ Trust is the right to the benefic
ESTATE OF THE 211972. re-conveyance/ Buyer which is vested in another. It
LATE FELISA July 22, in Good Faith/ trustee to deal with the prope
TAMIO DE 2015. relations between parties may
BUENAVENTUR trust is created by the intentio
A implied trust comes into being
G.R. No.
212045.
GUERRERO vs. July 22, Express trusts are created by
THE ESTATE OF 2015 some writing or deed, or will,
THE LATE evincing an intention to creat
FELISA TAMIO Code, “[n]o particular words a
DE trust, it being sufficient that a
BUENAVENTUR create a trust without using t
A. the mere fact that these words
intention to create a trust. T
trustor manifested an intentio
to lawyers is known as trust.
that the relationship which h
 whether or not he knows the
which is called a trust.

Anent the issue of prescripti

reconveyance instituted by res
the jurisprudential rule that e
from the time the trust is
repudiation of the express tru
sold the subject property to W
complaint for reconveyance a
October 17, 1997, or only a f
property to Wilson and Pete
prescribed.

A purchaser in good faith is

without notice that some othe
such property and pays a full
such purchase, or before he h
interest in the property. Coroll
actual possession of persons
wary and should investigate t
making such inquiry, one cann
When a man proposes to buy
public manuscript, that is, to lo
his rights are. A want of cautio
ordinary prudence is accustom
contemplation of law, a want
know or discover that the lan
another is a buyer in bad faith.

312 Labor Law BAUTISTA vs. G.R. No. Disability benefits/ The entitlement of overseas s
ELBURG 206032. Work-Related Illness/ governed, not only by medical
SHIPMANAGE August 19, Occupational pertinent statutory provisions
MENT 2015 Diseases 191 to 193) of the Labor Code
PHILIPPINES, implementing Title II, Book I
Remedial Law INC., contracts are: (a) the POEA-SEC
Evidence; is deemed incorporated in eve
Presumptions the CBA, if any; and (c) the emp
and his employer.

The 2000 POEA-SEC defines

resulting in disability or dea
employment” and “work-relat
disability or death as a result
Section 32-A of this contract
viz.: 1. The seafarer’s work mus
disease was contracted as a
described risks; 3. The disea
exposure and under such othe
There was no notorious neglige

Section 32(A)(11) of the

Cardiovascular Disease (CVD)
contracted under any of the f
disease was known to have bee
be proof that an acute exac
unusual strain by reasons of th
that brings about an acute atta
followed within 24 hours by
constitute causal relationship
asymptomatic before being sub
symptoms of cardiac injury dur
symptoms and signs persist
relationship.

A party in whose favor the le

invoke such legal presumption
presumption upon the burd
presenting evidence to overco
which, if no contrary proof is
their bare and self-serving
Cardiovascular Disease was a m
II, respondents failed to intro
otherwise overcome the disp
the said disease.

Verily, it is not required that th

should be the sole factor in
cardiovascular disease so as to
therefor. It suffices that his em
a small degree, to the develo
presume that, at the very leas
had contributed to the aggrava
Cook, he was exposed to co
physical strain.
313 FAUSTINO A.
SILANG vs.
COMMISSION
ON AUDIT

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