DEATH OF RESPONDENT PENDING FINAL RESOLUTION OF ADMINISTRATIVE

CASE IS CAUSE FOR DISMISSAL

In the case of Re Alleged Extortion Activities of Judge Abul, the Court En Banc, through
Justice Hernando, RECONSIDERED its earlier pronouncements and NOW holds that the
death of a respondent in an administrative case before its final resolution is a cause for its
dismissal.
In the instant case, due to Judge Abul's death, the administrative complaint against was
dismissed in accordance with the Constitutional principles of due process and presumption of
innocence. Consequently, his heirs were granted the death benefits and survivorship pension
benefits due to his death while in actual service.

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CONFLICT OF INTEREST NECESSARILY REQUIRES EXISTENCE OF LAWYER-

CLIENT RELATIONSHIP
In the case of Villamor v. Jumao-as, the Court En Banc, through Justice Hernando, suspended a
lawyer from the practice of law for representing conflicting interests.
To determine whether a conflict of interests exists, it is necessary to first ascertain the existence
of a lawyer-client relationship. Here, such relationship existed between complainant and
respondent despite the absence of any express or written agreement or arrangement as to
attorney's fees. A lawyer-client relationship ensued when respondent was engaged by the
complainant in the incorporation of the latter's lending business.
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REMOVAL THROUGH IMPEACHMENT AKIN TO INVOLUNTARY RETIREMENT
In the case of In re Former Chief Justice Corona, the Court En Banc, through Justice Hernando,
granted the claim of survivorship benefits of Ma. Cristina Roco Corona — the widow of the late
former CJ Corona.
Having been removed by the Congress from office with a lifetime ban from occupying any and all
future public posts, but without a proper determination of or even a basis for any recoverable liability
under the law due to causes beyond his control, CJ Corona may be considered involuntarily retired
from public service.
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MUNICIPALITIES CANNOT LEVY FRANCHISE TAX

In the case of Meralco v. City of Muntinlupa, the Court En Banc, through Justice Hernando,
ruled that Section 25 of MO 93-35 of the then Municipality of Muntinlupa which was
declared null and void for being ultra vires was NOT cured by Sec 56 of RA 7926 which
converted the municipality into a highly urbanized city.
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VOID AB INITIO MARRIAGE NOW A VALID DEFENSE IN BIGAMY
In the case of Pulido v. People, the Court En Banc, through Justice Hernando, acquitted
Pulido from the criminal charge of bigamy.
In the process, the Court reversed established precedence and now categorically rules that a
void ab initio marriage is a VALID defense in the prosecution for bigamy even without a
judicial declaration of absolute nullity.
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NATURE OF DISPUTE DETERMINES JURISDICTION
In the case of Dayrit v. Norquillas, the Court En Banc, through Justice Hernando, ruled that
the MCTC has no jurisdiction over the instant action for forcible entry. The DAR, through
the DARAB, has jurisdiction over the instant case for forcible entry for being an agrarian
dispute.
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FRANCHISE vis-a-vis DUE PROCESS
In the case of Manila International Ports Terminal (MIPTI) v. Philippine Ports Authority
(PPA), the Court En Banc, through Justice Hernando, ruled that EO 30 revoking MIPTI's
franchise is unconstitutional for violating MIPTI's right to procedural due process.
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