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02-11-10-SC entitled “Rule on
BOLOS V. BOLOS Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages,” is applicable to the
634 SCRA 429, [October 20, 2010] case at bench.
DOCTRINE: HELD:
Declaration of Nullity of Marriage; The Rule on No, it does not.
Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages as contained in A.M. RATIO:
No. 02-11-10-SC, which the Court promulgated on 15
March 2003, extends only to those marriages entered The Rule on Declaration of Absolute Nullity of Void
into during the effectivity of the Family Code which took Marriages and Annulment of Voidable Marriages as
effect on 3 August 1988. contained in A.M. No. 02-11-10-SC which the Court
promulgated on March 15, 2003, is explicit in its scope.
FACTS: Section 1 of the Rule, in fact, reads:
Petitioner Cynthia Bolos(Cynthia)filed a petition for the “Section 1. Scope.—This Rule shall govern petitions for
declaration of nullity of her marriage to Respondent declaration of absolute nullity of void marriages and
Danilo Bolos (Danilo) under Article 36 of the Family annulment of voidable marriages under the Family Code
Code. After trial on the merits, the RTC granted the of the Philippines.
petition for annulment. A copy of said decision was
received by respondent Danilo and he thereafter timely The Rules of Court shall apply suppletorily.”
filed the Notice of Appeal.
The categorical language of A.M. No. 02-11-10-SC
The RTC denied due course to the appeal for Danilo’s leaves no room for doubt. The coverage extends only to
failure to file the required motion for reconsideration or those marriages entered into during the effectivity of the
new trial, in violation of Section 20 of the Rule on Family Code which took effect on August 3, 1988.7 The
Declaration of Absolute Nullity of Void Marriages and rule sets a demarcation line between marriages covered
Annulment of Voidable Marriages. Thereafter, the RTC by the Family Code and those solemnized under the Civil
issued the order declaring its decision declaring the Code.8 The Court finds Itself unable to subscribe to
marriage null and void as final and executory and petitioner’s interpretation that the phrase “under the
granting the Motion for Entry of Judgment filed by Family Code” in A.M. No. 02-11-10-SC refers to the
Cynthia. Not in conformity, Danilo filed with the CA a word “petitions” rather than to the word “marriages.”
petition forcertiorari under Rule 65 seeking to annul the
orders of the RTC as they were rendered with grave In fine, the CA committed no reversible error in setting
abuse of discretion amounting to lack or in excess of aside the RTC decision which denied due course to
jurisdiction. Danilo also prayed that he be declared respondent’s appeal and denying petitioner’s motion for
psychologically capacitated to render the essential extension of time to file a motion for reconsideration.
marital obligations to Cynthia, who should be declared
guilty of abandoning him, the family home and their
children.
ISSUE:
G.R. No. 172029 August 6, 2008
Opposition denied. Hence, filed a petition for certiorari
ASSOCIATION OF INTERNATIONAL SHIPPING LINES, under Rule 65 with CA, partly granted rendering PPA
INC., in its own behalf and in representation of its Resolution Nos. 1486, 1541, and 1554 are valid and
members: AMERICAN TRANSPORT LINES, INC., effective thereby disallowing the collection of overtime
AUSTRALIAN NATIONAL LINE, xxxx petitioners, pay BUT did not discuss the logical consequence of the
vs. resolution of the issue on PPA Resolution. Therefore,
UNITED HARBOR PILOTS’ ASSOCIATION OF THE filed a motion for partial reconsideration, DENIED.
PHILIPPINES, INC., respondent. Hence, the present recourse.
FACTS: ISSUES:
On March 1, 1985, the Philippine Ports Authority (PPA) (1) whether EO No. 1088 repealed the provisions of CAO
issued PPA Administrative Order (AO) No. 03-85 [herein No. 15-65 and PPA AO No. 03-85, as amended, on
referred to PPA AO 03-85] substantially adopting the payment of additional pay for holidays work and
provisions of Customs Administrative Order (CAO) No. premium pay for nighttime service; (2) WON PPA
15-654 on the payment of additional charges for Resolutions remain valid.
pilotage service5 rendered “between 1800H to 1600H,”
or on “Sundays or Holidays,” practically referring to HELD: In both issues NO
“nighttime and overtime pay.” as this Court pronounced in G.R. No. 133763, there is
nothing in EO No. 1088 that reveals any intention on the
On February 3, 1986, responding to the clamor of part of Former President Marcos to amend or supersede
harbor pilots for the increase and rationalization of the provisions of PPA AO No. 03-85 on nighttime and
pilotage service charges, then President Ferdinand E. overtime pay. While Section 3 of EO No. 1088 provides a
Marcos issued Executive Order (EO) No. 1088 providing general repealing clause, the same is made dependent
for uniform and modified rates for pilotage services upon its actual inconsistency with other previous orders,
rendered in all Philippine ports. It fixed the rate of rules, regulations or other issuance.
pilotage fees on the basis of the “vessel’s tonnage” and
provided that the “rate for docking and undocking There is no inconsistency between EO No. 1088 and the
anchorage, conduction and shifting and other related provisions of PPA AO No. 03-85. These two orders dwell
special services is equal to 100%.” EO No. 1088 also on entirely different subject matters.
contained a repealing clause stating that all orders,
letters of instruction, rules, regulations, and issuances EO No. 1088 provides for uniform and modified rates for
inconsistent with it are repealed or amended pilotage services rendered to foreign and coastwise
accordingly. vessels in all Philippine ports, public or private. On the
other hand, the subject matter of the provisions of PPA
Subsequently, pursuant to EO No. 1088, the PPA issued AO No. 03-85 is the payment of the additional charges
several resolutions [Res. No. 1486, 1541, and 1554 ] of nighttime and overtime pay. Plainly, EO No. 1088
disallowing overtime premium or charge and recalling its involves the basic compensation for pilotage service
recommendation for a reasonable night premium pay or while PPA AO No. 03-85 provides for the additional
night differential pay. charges where pilotage service is rendered under certain
circumstances.
On the strength of PPA Resolution No. 1486, petitioners
Association of International Shipping Lines (AISL) and its Members of respondent UHPAP are entitled to
members refused to pay respondent United Harbor nighttime and overtime pay. Undoubtedly, pursuant to
Pilots’ Association of the Philippines, Inc. (UHPAP)’s PPA AO No. 03-85, members of respondent UHPAP are
claims for nighttime and overtime pay. In response, legally entitled to nighttime and overtime pay.
UHPAP threatened to discontinue pilotage services
should their claims be continually ignored. It bears pointing out that additional compensation for
nighttime work is founded on public policy. Working at
Petitioners then filed a petition for declaratory relief with night is violative of the law of nature for it is the period
the RTC. The issues raised there were: (1) whether EO for rest and sleep. An employee who works at night has
No. 1088 authorized the payment of nighttime and less stamina and vigor. Thus, he can easily contract
overtime pay xxx disease. The lack of sunlight tends to produce anemia
and tuberculosis and predispose him to other ills. Night
RTC granted the petition and declared that respondent work brings increased liability to eyestrain and accident.
UHPAP is not authorized to collect any overtime or night Serious moral dangers also are likely to result from the
shift differential for pilotage services rendered; necessity of traveling the street alone at night, and from
respondent UHPAP filed directly before this Court a the interference with normal home life. Hygienic,
petition for review on certiorari, the decision was medical, moral, cultural and socio-biological reasons are
reversed in favor of respondents. Decision became final in accord that night work has many inconveniences and
and executory. Respondent UHPAP filed a motion for when there is no alternative but to perform it, it is but
the issuance of a writ of execution with the RTC. just that the laborer should earn greater salary than
Petitioners opposed the motion alleging that, ordinary work so as to compensate the laborer to some
x x x [W]hen the Supreme Court ruled and declared that extent for the said inconveniences.
Executive Order 1088 does not deprive the PPA of its
power and authority to promulgate rules and rates for **Respondent’s motion for execution is procedurally
payment of fees including additional charges, it had infirm. In such civil actions for declaratory relief under
effectively ruled on the validity of PPA resolutions 1486, Rule 63 of the Rules of Court, the judgment does not
1541, and 1554. entail an executory process, as the primary objective of
petitioner is to determine any question of construction
or validity and for a declaration of concomitant rights
and duties. The proper remedy would have been for
members of respondent UHPAP to claim for overnight
and nighttime pay before petitioners AISLI and its
members.
Petition DENIED.
the shipper’s remedy. The CA, nevertheless, erred in
applying Philippine American in the case at bench as it
G.R. No. 226345 PIONEER INSURANCE and SURETY does not fall squarely with the present circumstances.
CORPORATION vs. APL CO. PTE. LTD. It is elementary that a contract is the law between the
parties and the obligations it carries must be complied
Facts: with in good faith. In Norton Resources and
January 13, 2012, the shipper, Chillies Export House Development Corporation v. All Asia Bank Corporation,
Limited, turned over to respondent APL Co. Pte. Ltd. the Court reiterated that when the terms of the contract
250 bags of chili pepper for transport from the port of are clear, its literal meaning shall control, to wit:
Chennai, India, to Manila. The shipment was loaded on The cardinal rule in the interpretation of contracts is
board MN Wan Hai 262. In tum, BSFIL Technologies, embodied in the first paragraph of Article 1370 of the
Inc., as consignee, insured the cargo with petitioner Civil Code: if the terms of a contract are clear and leave
Pioneer Insurance and Surety Corporation. no doubt upon the intention of the contracting parties,
the literal meaning of its stipulations shall control. This
On February 2, 2012, the shipment arrived at the port of provision is akin to the “plain meaning rule” applied by
Manila and was temporarily stored at North Harbor, Pennsylvania courts, which assumes that the intent of
Manila. On February 6, 2012, the bags of chili were the parties to an instrument is “embodied in the writing
withdrawn and delivered to BSFIL. Upon receipt thereof, itself, and when the words are clear and unambiguous
it discovered that 76 bags were wet and heavily infested the intent is to be discovered only from the express
with molds. The shipment was declared unfit for human language of the agreement”. It also resembles the “four
consumption and was eventually declared as a total loss. corners” rule, a principle which allows courts in some
As a result, BSFIL made a formal claim against APL and cases to search beneath the semantic surface for clues
Pioneer Insurance. The latter hired an independent to meaning. A court’s purpose in examining a contract is
insurance adjuster, which found that the shipment was to interpret the intent of the contracting parties, as
wet because of the water which seeped inside the objectively manifested by them. The process of
container van APL provided. Pioneer Insurance paid interpreting a contract requires the court to make a
BSFIL Pl 95,505.65 after evaluating the claim. Having preliminary inquiry as to whether the contract before it is
been subrogated to all the rights and cause of action of ambiguous. A contract provision is ambiguous if it is
BSFIL, Pioneer Insurance sought payment from APL, but susceptible of two reasonable alternative interpretations.
the latter refused. This prompted Pioneer Insurance to Where the written terms of the contract are not
file a complaint for sum of money against APL. ambiguous and can only be read one way, the court will
interpret the contract as a matter of law. If the contract
The RTC concurred with the MTC. It agreed that APL is determined to be ambiguous, then the interpretation
was presumed to have acted negligently because the of the contract is left to the court, to resolve the
goods were damaged while in its custody. In addition, ambiguity in the light of the intrinsic evidence.
the RTC stated that under the Carriage of Goods by Sea
Act (COOSA), lack of written notice shall not prejudice After a closer persual of the the Bill of Lading, the Court
the right of the shipper to bring a suit within one year finds that its provisions are clear and unequivocal
after delivery of the goods. Further, the trial court stated leaving no room for interpretation. In the Bill of Lading, it
that the shorter prescriptive period set in the Bill of was categorically stated that the carrier shall in any
Lading could not apply because it is contrary to the event be discharged from all liability whatsoever in
provisions of the COGSA. respect of the goods, unless suit is brought in the proper
forum within nine (9) months after delivery of the goods
In its May 26, 2016 decision, the CA reversed the or the date when they should have been delivered.
decisions of the trial courts and ruled that the present
action was barred by prescription. The appellate court The same, however, is qualified in that when the said
noted that under Clause 8 of the Bill of Lading, the nine-month period is contrary to any law compulsory
carrier shall be absolved from any liability unless a case applicable, the period prescribed by the said law shall
is filed within nine (9) months after the delivery of the apply. The present case involves lost or damaged cargo.
goods. It explained that a shorter prescriptive period It has long been settled that in case of loss or damage of
may be stipulated upon, provided it is reasonable. The cargoes, the one-year prescriptive period under the
CA opined that the nine-month prescriptive period set COOSA applies.
out in the Bill of Lading was reasonable and provided a
sufficient period of time within which an action to
recover any loss or damage arising from the contract of
carriage may be instituted.
Issue:
Whether or not the nine months prescriptive period
stipulated shall be the basis in considering the
prescriptive period instead of the one year prescriptive
stated by the law.
Ruling:
The Court ruled in the negative. It is true that in
Philippine American General Insurance Co., Inc. v. Sweet
Lines, Inc. (Philippine American), the Court recognized
that stipulated prescriptive periods shorter than their
statutory counterparts are generally valid because they
do not affect the liability of the carrier but merely affects
Revaldo v. People ● Yes, even without a search warrant,
OLYMPIO REVALDO v. PEOPLE OF THE the personnel of the PNP can seize
PHILIPPINES, (A w/ Mod) the forest products cut, gathered or
G.R. No. 170589, April 16, 2009 taken by an offender pursuant to
Section 80 of the Forestry Code.
FACTS: ● Petitioner was in possession of the
● Petitioner was charged with the lumber without the necessary
offense of illegal possession of documents when the police officers
premium hardwood lumber in accosted him. In open court,
violation of Section 68 of the Forestry petitioner categorically admitted the
Code. possession and ownership of the
● June 17, 1992, in the Municipality of confiscated lumber as well as the fact
Maasin, Province of Southern Leyte, that he did not have any legal
Philippines, the accused, with intent documents therefor and that he
of gain, did then and there willfully, merely intended to use the lumber for
unlawfully and feloniously possess the repair of his dilapidated house.
96.14 board ft. of flat lumber with a Mere possession of forest products
total value of P1,730.52, Philippine without the proper documentation
Currency, without any legal consummates the crime. Dura lex sed
document as required under existing lex. The law may be harsh but that is
forest laws and regulations from the law.
proper government authorities. ● On the penalty imposed by the lower
● Maceda, the person in charge of the courts, we deem it necessary to
operations section of the PNP in discuss the matter. Violation of
Maasin, Southern Leyte, testified that Section 68 of the Forestry Code is
on 18 June 1992, at around 11:00 in punished as Qualified Theft with the
the morning, he went with Chief penalties imposed under Articles 309
Alejandro Rojas, SPO3 Melquiades and 310 of the Revised Penal Code
Talisic and SPO3 Nicasio Sunit to the
house of petitioner to verify the
report of Sunit that petitioner had in
his possession lumber without the
necessary documents. They were not
armed with a search warrant on that
day.They confiscated 20 pieces of
lumber of different varieties lying
around the vicinity of the house of
petitioner.
● September 5, 1997, the RTC-Branch
25 rendered judgment convicting
petitioner of the offense charged and
sentencing him.
● August 23 2004, the Court of
Appeals affirmed the judgment of the
trial court. The Court of Appeals ruled
that motive or intention is immaterial
for the reason that mere possession
of the lumber without the legal
documents gives rise to criminal
liability.
ISSUE:
● Whether or not the warrantless
search and seizure conducted by the
police officers was legal.
HELD:
People v. Almuete abolished share tenancy which is the basis
G.R. No. L-26551, February 27, 1976 for penalizing clandestine pre-reaping and
pre-threshing.
FACTS:
Wenceslao Almuete, Fernando Fronda, As held in the Adillo case, the act of
Cipriano Fronda and Fausto Durion were pre-reaping and pre-threshing without notice
charged with a violation of section 39 of the to the landlord, which is an offense under the
Agricultural Tenancy Law. It was alleged in Agricultural Tenancy Law, had ceased to be
the information that the accused being an offense under the subsequent law, the
tenants of Margarita Fernando in her Code of Agrarian Reforms. To prosecute it as
riceland, without notice to her or without her an offense when the Code of Agrarian
consent, pre-threshed a portion of their Reforms is already in force would be
respective harvests of five cavans of palay repugnant or abhorrent to the policy and
each to her damage. spirit of that Code and would subvert the
The lower held that the information is manifest legislative intent not to punish
basically deficient because it does not anymore pre-reaping and pre-threshing
describe the circumstances under which the without notice to landholder.
cavans of palay were found in the possession
of the accused tenants; it does not specify
the date agreed upon for the threshing of the
harvests, and it does not allege that the palay
found in the tenants' possession exceeded
ten percent of their net share based on the
last normal harvest.
ISSUE:
Whether or not the tenant's act of pre-
reaping and pre-threshing without notice to
the landlord is punishable pursuant to Sec.
39 of the Agricultural Tenancy Law.
HELD:
No. The prohibition against pre-reaping or
pre-threshing found in section 39 of the
Agricultural Tenancy Law of 1954 is
premised on the existence of the rice share
tenancy system. The evident purpose is to
prevent the tenant and the landholder from
defrauding each other in the division of the
harvests. Thus, the legal maxim, cessante
ratione legis, cessat ipsa lex (the reason for
the law ceasing, the law itself also ceases).
applies to this case.
Section 4 of the Code of Agrarian Reforms
declared agricultural share tenancy
throughout the country as contrary to public
policy and automatically converted it to
agricultural leasehold. Presidential Decree
No. 2 proclaimed the entire country "as a
land reform area".
The legislative intent not to punish anymore
the tenant's act of pre- reaping and
pre-threshing without notice to the landlord
is inferable from the fact that the Code of
Agrarian Reforms did not reenact section 39
of the Agricultural Tenancy Law and that it
DEPOSIT INSURANCE CORPORATION vs. In fact, its effectivity clause indicates a clear
STOCKHOLDERS OFINTERCITY SAVINGS legislative intent to the contrary, Section 28.
AND LOAN BANK Effectivity Clause. “This Act shall take effect
G.R. No. 181556 ; December 14, 2009 fifteen (15) days following the completion of
its publication in the Official Gazette or in
Facts: two (2) newspapers of general circulation”.
The Central Bank of the Philippines, now
known as Bangko Sentral ng Pilipinas, filed
on June17, 1987 with the Regional Trial
Court (RTC) of Makati a Petition for
Assistance in the Liquidation of Intercity
Savings and Loan Bank, Inc. (Intercity Bank)
alleging that said bank was already insolvent
and its continuance in business would involve
probable loss to depositors, creditors and the
general public. The trial court gave it due
course. Petitioner Philippine Deposit
Insurance Corporation was eventually
substituted as the therein petitioner,
liquidator of Intercity Bank. In the meantime,
Republic Act No. 9302 which provides that
“After the payment of all liabilities and claims
against the closed bank, the Corporation
shall pay any surplus dividends at the legal
rate of interest, from date of takeover to date
of distribution, to creditors and claimants of
the closed bank in accordance with legal
priority before distribution to the
shareholders of the closed bank”. Relying on
Republic Act No. 9302 PDIC filed on August
8, 2005 a Motion for Approval of the Final
Distribution of Assets and Termination of the
Liquidation Proceedings
Issue:
Whether or not Section 12 of RA 9302
should be applied retroactively in order to
entitle Intercity Bank creditors to surplus
dividends.
Ruling:
The Supreme Court held that Statutes are
prospective and not retroactive in their
operation, they being the formulation of rules
for the future, not the past. Hence, the legal
maxim lex de futuro, judex de praeterito —
the law provides for the future, the judge for
the past, which is articulated in Article 4 of
the Civil Code: ―Laws shall have no
retroactive effect, unless the contrary is
provided.‖
The reason for the rule is the tendency of
retroactive legislation to be unjust and
oppressive on account of its liability to
unsettle vested rights or disturb the legal
effect of prior transactions. Further, a perusal
of RA 9302 shows that nothing indeed
therein authorizes its retroactive application.
Case No. 61 - Bonifacio Ysip v. Municipal Council complete a method as possible to obtain a clean
of Cabiao, Nueva Ecija, et al GR No. election.
L-18947 April 29, 1922
The Court held further that in municipalities where
Topic: Construction of Election Law it is shown that Partido Nacionalista polled the
largest number of votes at the last election and
FACTS: the Partido Democrata the next largest number of
votes at said election, and where in such
At the last general election in 1919, two parties, municipalities, in addition to the Partido
namely: The Partido Democrata and the Partido Nacionalista there has been duly organized a new
Nacionalista, contested for the supremacy in the party known as the Partido Nacionalista
municipality of Cabiao, Nueva Ecija. The highest Colectivista, one election inspector and one
number of votes was cast for Partido Nacionalista, substitute shall belong each to the Partido
and the second highest number of votes for Nacionalista, the Partdo Nacionalista Colectivista
Partido Demcrata. Due to political changes, the and Partido Democrata.
Partido Nacionalista divided into two parties:
Partido Nacionalista and Partido Nacionalista
Collectivista.
Section 11 of Act No. 3030 provides:
“Should there be in such municipality one or more
political parties or branches or fractions thereof,
or political groups, then two of said inspectors and
two substitutes for the same shall belong to the
party which polled the largest number of votes in
said municipality at such preceding election and
the other inspector and his substitute shall belong
to the party, branch or fraction thereof, or political
group which polled the next largest number of
votes at said election; and the inspectors so
appointed shall be persons proposed by the
legitimate representative or representatives of
such political parties, branches or fractions
thereof, or political group.”
ISSUE:
Whether or not Partido Nacionalista and Partido
Nacionalista Collectivista are entitled to one
inspector and one substitute each.
HELD:
Yes, Partido Nacionalista and Partido Nacionalista
Collectivista are entitled to one inspector and one
substitute each.
The Court held that a liberal construction of the
law will permit the Nacionalista Colectivitista Party
to have representation on election boards in all
municipalities in which the Old Nacionalista Party
polled the largest number of votes at the last
elections. Such interpretation and application of
the law will not do violence to it, in view of the
notorious fact that the party which won the
election in many municipalities, such as Cabiao,
Nueva Ecija, the Nacionalista Party has now split
its forces between the old party and a new party.
Such interpretation and application of the law
would, moreover, be in accord with underlying
purpose of the Election Law, which is to provide as
G.R. No. 164815 September 3, 2009 destroyed by the accused. Further, a
Sr. Insp. Jerry C. Valeroso, Petitioner valid arrest allows the seizure of
vs. evidence or any weapons either on
Court of Appeals and People of the the person or within the area of his
Philippines, Respondent immediate control. Based on the
statement of the petitioner, the
FACTS: petitioner did not resist arrest, He was
tied and placed outside the room
On July 10, 1996, a duly issued warrant of where the gun was found; therefore
arrest to the petitioner in a case of the room where the gun was found
kidnapping for ransom was released. could not be “in his immediate
Valeroso was found and arrested and was control.” Incidental searches without
bodily searched and after which a firearm a warrant states that officers are
with live ammunition was found tucked in his permitted to seize any weapon that
waist. The subject firearm was later they can inadvertently found during
confirmed and revealed to have not been the arrest under the “plain view
issued to the petitioner but to another doctrine.” However, the firearm was
person. not found accidentally but was
actually searched and therefore not
The defense on the other hand claimed that incidental. Clearly, the search was
Valeroso was arrested and searched (without illegal, a violation of Veloroso’s right
a search warrant) in the boarding house of against unreasonable search and
his children. They pointed their guns on him seizure. Therefore, the evidence
and tied him and pulled him out of the room obtained is inadmissible to court and
as the raiding team went back inside, cannot be used against him.
searched and ransacked the room. Later, an
operative came out of the room exclaiming
that he has found a gun inside. The firearm
according to the petitioner was issued to
Jerry Valeroso by virtue of a Memorandum
Receipt.
Jerry C. Valeroso was then charged with
violation of Presidential Decree No. 1866 for
illegally possessing a revolver bearing serial
number 52315 without securing the
necessary license/permit. The petitioner
through a letter of appeal asked the court to
be reconsidered.
ISSUE/S:
Whether the warrantless search and seizure
of the firearm and ammunition has merit and
valid
HELD/DECISION:
1. Some valid grounds for a warrantless
search and seizure are as follows: A
person who was arrested lawfully
may be searched so that the officer
may remove any weapons that the
accused may be used to resist arrest.
This is to protect the welfare of the
officers and to make sure that the
arrest will happen. This is also to find
evidence that otherwise can be
G.R. No. 173473, December 17, 2008
People of the Philippines
vs Beth Temporada
Ponente: Ynares-Santiago
Facts:
Accused Rosemarie Robles, Bernadette
Miranda, Nenita Catacotan, Jojo Resco and
Beth Temporada are all employees of ATTC,
a Travel and Tour Company, recruited and
promised overseas employment for a fee to
Rogelio Legaspis Jr, as a technician in
Singapore, and other overseas workers. The
accused were holding office in Makati but
eventually transferred to Manila. After
paying placements fees, none of the
overseas recruits was able to leave or recover
what they have paid, thus they filed separate
criminal complaints against accused in
Manila.
The accused were then sentenced to life
imprisonment for illegal recruitment and
estafa. Then the case was referred to the CA
for intermediate review, CA affirmed with
modification on the penalty. The penalty was
lowered for the lower court due to
insufficiency of evidence.
Issue: Whether the accused were guilty of 5
counts of estafa and illegal recruitment, and
be charged of the penalty of life
imprisonment.
Ruling:
The Court affirms the modification of the CA,
except for the penalty on the 5 counts of
estafa.
Although Temporada is saying that she is not
a principal to the illegal recruitment and
estafa because she is a mere employee of
ATTC and that she was just echoing the
requirement of her employer, the Court
believes that Temporada actively and
consciously participated in illegal
recruitment.
The Court agrees with the lower court that
the accused were guilty of illegal recruitment
by a syndicate with the penalty of life
imprisonment. The accused were convicted
separately also for 5 counts of estafa.
TRANS INTERNATIONAL VS NAPOCOR RULING:
FACTS: Petitioner argues that appeal is not a natural right and is
merely a statutory privilege which must be exercised
· Petitioner Trans International filed a complaint for within and in the manner provided by law. Failure to do
damages against respondent National Power so is fatal and the right of appeal would be lost.
Corporation arising from the rescission of a contract for Respondents, while admitting that the appeal was filed
the supply and delivery of woodpoles before the out of time, maintain that the rules on appeal should not
Regional Trial Court of Quezon City be construed in such a manner as to give way to its rigid
application without even considering the circumstances
· On May 22, l996, the trial court rendered a which led to the belated filing of the notice of appeal. In
decision sustaining the claim of petitioner corporation. fact, it is argued, this Court has on several occasions,
· A copy of the aforesaid decision was received by recognized the need to relax the stringent rules on
respondents on June 6, l996. On June 19, l996, appeal on reasons of equity and substantial justice. We
respondents filed their motion for reconsideration find for the respondent.
alleging in the main that certain facts were overlooked,
ignored or wrongly appreciated by the trial court. An The general rule holds that the appellate jurisdiction of
opposition to said motion was filed by petitioner on July the courts is conferred by law, and must be exercised in
11, l996. On August 2, l996, the trial court issued an the manner and in accordance with the provisions
order denying the motion for reconsideration A copy of thereof and such jurisdiction is acquired by the appellate
the aforesaid order was personally delivered to court over the subject matter and parties by the
respondent NAPOCORS office on August 23, l996 perfection of the appeal. The party who seeks to avail of
(Friday) and was received by Ronald T. Lapuz, a clerk the same must comply with the requirements of the
assigned at the office of the VP-General Counsel. rules. Failing to do so, the right to appeal is lost. In fact,
· Considering that it was almost 5:00 p.m., Lapuz it has been long recognized that strict compliance with
placed the said order inside the drawer of his table. the Rules of Court is indispensable for the prevention of
However, on August 26 and 27, l996 (Monday and needless delays and for the orderly and expeditious
Tuesday, respectively) said clerk was unable to report for dispatch of judicial business
work due to an illness he suffered as a result of the
extraction of his three front teeth. Said order was The court may extend the time or allow the perfection of
retrieved from his drawer only in the afternoon of the the appeal beyond the prescribed period if it be
27th and was immediately forwarded to the secretary of satisfactorily shown that there is justifiable reason, such
Atty. Wilfredo J. Collado, counsel for the respondents. At as fraud, accident, mistake or excusable negligence, or
3:10 p.m. that same day, respondents thru counsel filed similar supervening casualty, without fault of the
their notice of appeal. appellant, which the court may deem sufficient reason
· On August 29, l996, petitioner filed a motion for for relieving him from the consequences of his failure to
execution before the trial court contending that its comply strictly with the law. In such case the appeal is
decision dated May 22, l996 had become final and deemed taken and perfected on time, and the appellate
executory since respondents failed to make a timely court acquires appellate jurisdiction.
appeal and praying for the issuance of an order granting
the writ of execution. On the other hand, respondents The court is convinced that the test for substantial
filed an opposition thereto alleging therein that the justice and equity considerations have been adequately
cause of their failure to make a timely appeal was due to met by respondents to overcome the one day delay in
unforeseeable oversight and accident on the part of the perfection of their appeal. Considering the factual
their employee who was unable to report for work and legal milieu obtaining in the case at bench, the
because of illness. On September 9, l996 petitioner filed petition must be denied.
a reply to said opposition. On September 11, l996,
respondents counsel filed a supplemental opposition to
the motion for execution attaching thereto the affidavit
of Lapuz. Finally, on September 18, l996, respondents
filed their rejoinder to said reply.
· On September 13, l996, the trial court issued an
order denying respondents notice of appeal and
granting the motion for execution filed by petitioner,
· On September 20, l996, respondents filed a
petition for certiorari before the Court of Appeals
questioning the validity of the issuance of the aforesaid
order on the ground that the denial of their notice of
appeal was on the basis of a mere technicality and that
the writ of execution should not have been issued since
there are strong considerations which militate the strict
application of the rules on procedure. The CA reversed
the decision of the trial court.
ISSUE:
Whether the respondent has the right to appeal?
G.R. NO. 138496 February 23, 2004
CO VS CIVIL REGISTRAR OF MANILA
FACTS:
HUBERT TAN CO was born March 23, 1974. His
sister, ARLENE TAN CO, was born May 19, 1975.
In their respective certificates of birth, it is stated
that their parents CO BOON PENG AND
LOURDES VIHONG K. TAN are CHINESE
CITIZENS. CO BOON PENG filed an application
for his naturalization as a citizen of the Philippines
with the Special Committee on Naturalization
under LETTER OF INSTRUCTION no. 270. His
application was granted and he was conferred
Philippine citizenship under PD 1055. He was
issued a certificate of naturalization and
consequently took an oath as Philippine citizen on
February 15, 1977.
On August 27, 1998, they filed with the RTC
Manila a petition under Rules of Court for
correction of entries in the certificate of birth
which was denied on the ff. Grounds:
a) Although CA 473 and LOI 270 are statutes
relating to the same subject matter, they do not
provide the same beneficial effects with respect to
the minor children of the applicant;
**Sec. 15: effects of naturalization on the wife and
the children
b) LOI 270: refers to qualified individuals only;
c) Section 15 CA no. 473 should not be deemed
and incorporated in and applied to LOI 270;
d) Application of “pari material” rule of
construction is misplaced.
ISSUE:
Whether or not Arlene and Hubert are Filipino
citizens on account of the naturalization of their
Father Co Boon Peng.
HELD:
It is not enough that the petitioners adduce in
evidence the certificate of naturalization of their
father, to entitle them to Philippine citizenship.
They are likewise mandated to prove the ff.
material allegations in their petition:
1) That they are legitimate children of Co
Boon Peng;
2) They were born in the Philippines;
3) That they were still minors when Co
Boon Peng was naturalized as a Filipino citizen.
Nera v. Garcia G.R. No. L-13160. January 30, grave misconduct, or to believe that the
1960 performance of duty, or if there are strong reason
to believe that the respondent is guilty of charges
Facts: which would warrant his removal from the
service.” According to the Supreme Court, with
Nera served as clerk in the Maternity and the use of comma, the charges of dishonesty and
Children’s Hospital, a government institution oppression or grave misconduct need not be
under the supervision of the Bureau of Hospitals committed in the performance of duty – it is only
and the Department of Health. He also served as applicable if neglect is committed in performance
manager and cashier of the Maternity Employer’s of duty.
Cooperative Association, Inc. Having hold of the
positions, the fund of the association is The Supreme Court held that the alleged
supposedly under his control. On May 11, 1956, misappropriation involved in the criminal case is
he was charged before the Court of First Instance not entirely disconnected with the office of the
of Manila with malversation for allegedly petitioner. Even though Maternity Employee’s
misappropriating a certain amount of money Cooperative Association, which owns the funds,
which belongs to the association. After a few said to have been misappropriated, is a private
months, a certain Simplicio Balcos, filed an entity, it is still an association composed of the
administrative complaint case against Nera. Nera employees of the Maternity Children’s Hospital
was suspended as clerk of the said hospital, as where petitioner was serving as an employee.
approved by respondent Garcia, Secretary of Moreover, if petitioner was designated to and
Health. The petitioner asked PCAC to intervene on occupied the position of manager and cashier of
his behalf. PCAC recommended respondents to said association, it was because he was an
lift the suspension of the petitioner. Respondents employee of the Maternity and Children’s
did not grant the lifting of suspension. The Hospital. The contention though indirect, and, in
petitioner asked for reconsideration but was still the opinion of some, rather remote, exists and is
denied. The CFI ruled in favour of the petitioner. there.
As a result, respondents filed an appeal to the
decision of the CFI. Hence, the petitioner filed a StatCon maxim: The qualifying effect of a word or
petition for prohibition, certiorari, and mandamus phrase may be confined to its last antecedent if
to restrain respondents from proceeding with the the latter is separated by a comma from the other
administrative case until the termination of the antecedents.
criminal case and annul the suspension and to
compel respondents to lift the suspension.
Issue:
Whether or not the petitioner was illegally
suspended thus, he must be reinstated in office
and pay back his salary
Held:
Decision of CFI reversed.
Ratio:
There are two relevant laws outlined by the
Supreme Court in this case. First is the Sec. 694 of
the Administrative Code, entitled Removal or
Suspension which states that suspension is
applicable “if the charge against such subordinate
or employee involves dishonesty, oppression, or
grave misconduct or neglect in the performance
of duty.” According to the Supreme Court,
because of the use of the comma, dishonesty and
oppression need not be committed in
performance of duty.
On the other hand, the other law involved is the
Sec. 34 of Civil Service Act which is entitled
“Preventive Suspension” which states that it is
applicable “if the charge against such officer, or
employee involves dishonesty, oppression or