FRIVALDO vs.

COMELEC FRIVALDO FACTS:

vs.

COMELEC

Juan G. Frivaldo was proclaimed governor-elect of the province of Sorsogon on 22 January 1988, and assumed office in due time. On 27 October 1988, the league of Municipalities, Sorsogon Chapter represented by its President, Salvador Estuye, who was also suing in his personal capacity, filed with the Comelec a petition for the an nulment of Frivaldos election and proclamation on the ground that he was not a Filipino citizen, having been naturalized in the United States on 20 January 1983. Frivaldo admitted that he was naturalized in the United States as alleged but pleaded the special and affirmative defenses that he had sought American citizenship only to protect himself against President Marcos. His naturalization, he said, was merely forced upon himself as a means of survival against the unrelenting persecution by the Martial L aw Dictators agents abroad. He also argued that the challenge to his title should be dismissed, being in reality a quo warrant o petition that should have been filed within 10 days from his proclamation, in accordance with Section 253 of the Omhibus Election Code. ISSUE: Whether Juan G. Frivaldo was a citizen of the Philippines at the time of his election on 18 January 1988, as provincial governor of Sorsogon? HELD: The Commission on Elections has the primary jurisdiction over the question as the sole judge of all contests relating to the election, returns and qualifications of the members of the Congress and elective provincial and city officials. However, the decision on Frivaldos citizenship has already been made by the COMELEC through its counsel, the Solicitor General, who categorically claims that Frivaldo is a foreigner. The Solicitors stance is assumed to have bben taken by him after consultation with COMELEC and with its approval. It therefore represents the decision of the COMELEC itself that the Supreme Court may review. In the certificate of candidacy filed on 19 November 1987, Frivaldo described himself as a natural-born citizen of the Philippines, omitting mention of any subsequent loss of such status. The evidence shows, however, that he was naturalized as a citizen of the United States in 1983 per the certification from the United States District Court, Northern District of California, as duly authenticated by Vice Consul Amado P. Cortez of the Philippine Consulate General in San Francisco, California, U.S.A. There were many other Filipinos in the United States similarly situated as Frivaldo, and some of them subject to greater risk than he, who did not find it necessary nor do they claim to have been coerced to abandon their cherished status as Filipinos. Still, if he really wanted to disavow his American citizenship and reacquire Philippine citizenship, Frivaldo should have done so in accordance with the laws of our country. Under CA No. 63 as amended by CA No. 473 and PD No. 725, Philippine citizenship may be reacquired by direct act of Congress, by naturalization, or by repatriation. He failed to take such categorical acts. Rhe anomaly of a person sitting as provincial governor in this country while owing exclusive allegiance to another country cannot be permitted. The fact that he was elected by the people of Sorsogon does not excuse this patent violation of the salutary rule limiting public office and employment only to the citizens of this country. The will of the people as expressed through the ballot cannot cure the vice of ineligibility. Qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure . Once any of the required qualifications is lost, his title may be seasonably challenged. Frivaldo is disqualified from serving as governor of Sorsogon.

Dumlao vs Quality Plastics

TITLE: Dumlao v Quality Plastics CITATION: GR No. L27956, April 30, 1976 FACTS: Judgement for Civil Case T-662 was rendered on February 28, 1962 ordering defendants Soliven, Pedro Oria, Laurencio, Sumalbag and Darang to pay solidarity Quality Plastics the sum of P3,667.03 plus legal rate of interest from November 1958 before its decision became final or else Quality Plastics is hereby authorized to foreclose the bond. Defendants failed to pay the amount before the limit given. Oria's land, which was covered by Original Certificate of Title No. 28732 and has an area of nine and six-tenths hectares, was levied upon and sold by the sheriff at public auction on September 24, 1962 which he has given as security under the bond.

Apparently, Oria died on April 23, 1959 or long before June 13, 1960. Quality Plastics was not aware on Orias death. The summons and copies of complaint was personally served on June 24, 1960 by a deputy sheriff to Soliven which the latter acknowledged and signed in his own behalf and his co-defendants. Dionisio, Fausta, Amado and Benjamin, all surnamed Dumlao and all testamentary heirs in Oria's duly probated will, sued Quality Plastic Products, Inc on March 1, 1963 for the annulment of the judgment against Oria and the execution against his land (T-873). Dionisio also sued in his capacity as administrator of Orias testate estate.

ISSUE: Whether judgment against Oria and execution against his land be annulled on the ground of lack in juridical capacity.

HELD: Quality Plastics upon receiving the summons on T-873 just learned that Oria was already dead prior case T662 was filed. The Dumalaos agreed in their stipulation that indeed Quality Plastics was unaware of Orias death and that they acted in good faith in joining Oria as a co-defendant. However, no jurisdiction was acquired over Oria, thus, the judgment against him is a patent nullity. Lower courts judgment against Oria in T-662 is void for lack of jurisdiction over his person as far as Oria was concerned. He had no more civil personality and his juridical capacity which is the fitness to be the subject of legal relations was lost through death. The fact that Dumlao had to sue Quality Plastics in order to annul the judgment against Oria does not follow that they are entitiled to claim attorneys fees against the corporation. WHEREFORE, the lower court's decision is reversed and set aside. Its judgment in Civil Case No. T-662 against Pedro Oria is declared void for lack of jurisdiction. The execution sale of Oria's land covered by OCT No. 28732 is also void.

Limjuco vs Pedro Fragante

TITLE: Limjuco vs. The Estate of Pedro Fragante CITATION: 45 OG No. 9, p.397 FACTS: Pedro Fragante, a Filipino citizen at the time of his death, applied for a certificate of public convenience to install and maintain an ice plant in San Juan Rizal. His intestate estate is financially capable of maintaining the proposed service. The Public Service Commission issued a certificate of public convenience to Intestate Estate of the deceased, authorizing said Intestate Estate through its special or Judicial Administrator, appointed by the proper court of competent jurisdiction, to maintain and operate the said plant. Petitioner claims that the granting of certificate applied to the estate is a contravention of law. ISSUE: Whether or not the estate of Fragante may be extended an artificial judicial personality. HELD: The estate of Fragante could be extended an artificial judicial personality because under the Civil Code, estate of a dead person could be considered as artificial juridical person for the purpose of the settlement and distribution of his properties. It should be noted that the exercise of juridical administration includes those

rights and fulfillment of obligation of Fragante which survived after his death. One of those surviving rights involved the pending application for public convenience before the Public Service Commission. Supreme Court is of the opinion that for the purposes of the prosecution of said case No. 4572 of the Public Service Commission to its final conclusion, both the personality and citizenship of Pedro O. Fragrante must be deemed extended, within the meaning and intent of the Public Service Act, as amended, in harmony with the constitution: it is so adjudged and decreed.

De Jesus vs Syquia
TITLE: De Jesus v Syquia CITATION: 58 Phil 866 FACTS: Antonia Loanco, a likely unmarried girl 20 years of age was a cashier in a barber shop owned by the defendants brother in law Vicente Mendoza. Cesar Syquia, the defendant, 23 years of age and an unmarried scion of a prominent family in Manila was accustomed to have his haircut in the said barber shop. He got acquainted with Antonio and had an amorous relationship. As a consequence, Antonia got pregnant and a baby boy was born on June 17, 1931. In the early months of Antonias pregnancy, defendant was a constant visitor. On February 1931, he even wrote a letter to a rev father confirming that the child is his and he wanted his name to be given to the child. Though he was out of the country, he continuously wrote letters to Antonia reminding her to eat on time for her and juniors sake. The defendant ask his friend Dr. Talavera to attend at the birth and hospital arrangements at St. Joseph Hospital in Manila. After giving birth, Syquia brought Antonia and his child at a House in Camarines Street Manila where they lived together for about a year. When Antonia showed signs of second pregnancy, defendant suddenly departed and he was married with another woman at this time. It should be noted that during the christening of the child, the defendant who was in charge of the arrangement of the ceremony caused the name Ismael Loanco to be given instead of Cesar Syquia Jr. that was first planned. ISSUES: 1. Whether the note to the padre in connection with the other letters written by defendant to Antonia during her pregnancy proves acknowledgement of paternity. 2. Whether trial court erred in holding that Ismael Loanco had been in the uninterrupted possession of the status of a natural child, justified by the conduct of the father himself, and that as a consequence, the defendant in this case should be compelled to acknowledge the said Ismael Loanco. HELD: The letter written by Syquia to Rev. Father serves as admission of paternity and the other letters are sufficient to connect the admission with the child carried by Antonia. The mere requirement is that the writing shall be indubitable. The law fixes no period during which a child must be in the continuous possession of the status of a natural child; and the period in this case was long enough to reveal the father's resolution to admit the status. Supreme Court held that they agree with the trial court in refusing to provide damages to Antonia Loanco for supposed breach of promise to marry since action on this has no standing in civil law. Furthermore, there is no

proof upon which a judgment could be based requiring the defendant to recognize the second baby, Pacita Loanco. Finally, SC found no necessity to modify the judgment as to the amount of maintenance allowed to Ismael Loanco in the amount of P50 pesos per month. They likewise pointed out that it is only the trial court who has jurisdiction to modify the order as to the amount of pension.

Geluz vs CA
TITLE: Geluz vs CA CITATION: 2 SCRA 801 FACTS: Nita Villanueva, the wife of Oscar lazo, respondent, came to know Antonio Geluz, the petitioner and physician, through her aunt Paula Yambot. Nita became pregnant some time in 1950 before she and Oscar were legally married. As advised by her aunt and to conceal it from her parents, she decided to have it aborted by Geluz. She had her pregnancy aborted again on October 1953 since she found it inconvenient as she was employed at COMELEC. After two years, on February 21, 1955, she again became pregnant and was accompanied by her sister Purificacion and the latters daughter Lucida at Geluz clinic at Carriedo and P. Gomez Street. Oscar at this time was in the province of Cagayan campaigning for his election to the provincial board. He doesnt have any idea nor given his consent on the abortion. ISSUE: Whether husband of a woman, who voluntarily procured her abortion, could recover damages from the physician who caused the same. HELD: The Supreme Court believed that the minimum award fixed at P3,000 for the death of a person does not cover cases of an unborn fetus that is not endowed with personality which trial court and Court of Appeals predicated. Both trial court and CA wasnt able to find any basis for an award of moral damages evidently because Oscars indifference to the previous abortions of Nita clearly indicates he was unconcerned with the frustration of his parental affections. Instead of filing an administrative or criminal case against Geluz, he turned his wifes indiscretion to personal profit and filed a civil action for damages of which not only he but, including his wife would be the beneficiaries. It shows that hes after obtaining a large money payment since he sued Geluz for P50,000 damages and P3,000 attorneys fees that serves as indemnity claim, which under the circumstances was clearly exaggerated.

Donato vs Luna
TITLE: Donato vs. Luna CITATION: GR No. 53642, April 15, 1988 FACTS: An information for bigamy against petitioner Leonilo Donato was filed on January 23, 1979 with the lower court in Manila. This was based on the complaint of private respondent Paz Abayan. Before the petitioners arraignment on September 28, 1979, Paz filed with Juvenile and Domestic Relations Court of Manila, a civil action for declaration of nullity of her marriage with petitioner contracted on September 26, 1978. Said civil case was based on the ground that Paz consented to entering into the marriage which was Donatos second since she had no previous knowledge that Donato was already married to a certain Rosalinda Maluping on June 30, 1978. Donato defensed that his second marriage was void since it was solemnized without a marriage license and that force, violence, intimidation and undue influence were employed by private respondent to obtain petitioner's consent to the marriage. Prior to the solemnization of the second marriage, Paz and Donato had lived together as husband and wife without the benefit of wedlock for 5 years proven by a joint affidavit

executed by them on September 26, 1978 for which reason, the requisite marriage license was dispensed with pursuant to Article 76 of the Civil Code. Donato continued to live with Paz until November 1978 where Paz left their home upon learning that Donato already previously married. ISSUE: Whether or not a criminal case for bigamy pending before the lower court be suspended in view of a civil case for annulment of marriage pending before the juvenile and domestic relations court on the ground that latter constitutes a prejudicial question. HELD: Petitioner Leonilo Donato cant apply rule on prejudicial question since a case for annulment of marriage can only be considered as a prejudicial question to the bigamy case against the accused if it was proved that petitioners consent to such marriage and was obtained by means of duress violence and intimidation to show that his act in the second marriage must be involuntary and cannot be the basis of his conviction for the crime of bigamy. Accordingly, there being no prejudicial question shown to exit the order of denial issued by the respondent judge dated April 14, 1980 should be sustained. WHEREFORE, in view of the foregoing, the instant petition is hereby DISMISSED for lack of merit. We make no pronouncement as to costs.

Spouses Yu vs PCIB
TITLE: Spouses Yu vs. PCIB CITATION: GR No. 147902, March 17, 2006 FACTS: Petitioners Vicente Yu and Demetria Lee-Yu mortgaged their title, interest, and participation over several parcels of land located in Dagupan City and Quezon City, in favor of the Philippine Commercial International Bank, respondent and highest bidder, as security for the payment of a loan. As petitioners failed to pay the loan and the interest and penalties due thereon, respondent filed petition for extra-judicial foreclosure of real estate mortgage on the Dagupan City properties on July 21, 1998. City Sheriff issued notice of extra-judicial sale on August 3, 1998 scheduling the auction sale on September 10, 1998. Certificate of Sale was issued on September 14, 1998 in favor of respondent, the highest bidder. The sale was registered with the Registry of Deeds in Dagupan City on October 1, 1998. After two months before the expiration of the redemption period, respondent filed an ex-parte petition for writ of possession before RTC of Dagupan. Petitioners complaint on annulment of certificate of sale and motion to dismiss and to strike out testimony of Rodante Manuel was denied by said RTC. Motion for reconsideration was then filed on February 14, 2000 arguing that the complaint on annulment of certificate of sale is a prejudicial issue to the filed exparte petition for writ of possession, the resolution of which is determinative of propriety of the issuance of a Writ of Possession. ISSUE: Whether prejudicial question exist in a civil case for annulment of a certificate of sale and a petition for the issuance of a writ of possession. HELD: Supreme Court held that no prejudicial question can arise from the existence of a civil case for annulment of a certificate of sale and a petition for the issuance of a writ of possession in a special proceeding since the two

cases are both civil in nature which can proceed separately and take their own direction independently of each other. A prejudicial question is one that arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. It generally comes into play in a situation where a civil action and a criminal action are both pending and there exists in the former an issue that must be preemptively resolved before the criminal action may proceed because issue raised in civil action would be determinative de jure of the guilt or innocence of the accused in a criminal case.

St. Louis Realty Corp. vs CA

TITLE: St. Louis Realty Corp. vs. CA CITATION: 133 SCRA 179 FACTS: Dr. Conrado Aramil, a neuropsychiatrist and member of the faculty of UE Ramon Magsaysay Medical Center, seek to recover damage for a wrongful advertisement in the Sunday Times where St Louis Realty Corp. misrepresented his house with Mr. Arcadio. St. Louis published an ad on December 15, 1968 with the heading where the heart is. This was republished on January 5, 1969. In the advertisement, the house featured was Dr Aramils house and not Mr. Arcadio with whom the company asked permission and the intended house to be published. After Dr Aramil noticed the mistake, he wrote a letter to St. Louis demanding an explanation 1 week after such receipt. No rectification or apology was published despite that it was received by Ernesto Magtoto, the officer in charge of the advertisement. This prompted Dr. Aramils counsel to demand actual, moral and exemplary damages. On March 18, 1969, St Louis published an ad now with Mr. Arcadios real house but nothing on the apology or explanation of the error. Dr Aramil filed a complaint for damages on March 29. During the April 15 ad, the notice of rectification was published. ISSUE: Whether St. Louis is liable to pay damages to Dr. Aramil. HELD: St Louis was grossly negligent in mixing up residences in a widely circulated publication. Furthermore, it never made any written apology and explanation of the mix-up. It just contented itself with a cavalier "rectification ". The trial court awarded Aramil P8,000 as actual damages, P20,000 as moral damages and P2,000 as attorney's fees. When St. Louis Realty appealed to the Court of Appeals, CA affirmed the judgement for the reason that St. Louis Realty committed an actionable quasi-delict under articles 21 and 26 of the Civil Code because the questioned advertisements pictured a beautiful house which did not belong to Arcadio but to Doctor Aramil who, naturally, was annoyed by that contretemps. WHEREFORE, the judgment of the Appellate Court is affirmed. Costs against the petitioner.

Tenchavez vs Escano
TITLE: Tenchavez vs. Escano CITATION: 15 SCRA 355 FACTS: 27 years old Vicenta Escano who belong to a prominent Filipino Family of Spanish ancestry got married on Feburary 24, 1948 with Pastor Tenchavez, 32 years old engineer, and ex-army officer before Catholic chaplain Lt. Moises Lavares. The marriage was a culmination of the love affair of the couple and was duly registered in

the local civil registry. A certain Pacita Noel came to be their match-maker and go-between who had an amorous relationship with Tenchavez as written by a San Carlos college student where she and Vicenta are studying. Vicenta and Pastor are supposed to renew their vows/ marriage in a church as suggested by Vicentas parents. However after translating the said letter to Vicentas dad , he disagreed for a new marriage. Vicenta continued leaving with her parents in Cebu while Pastor went back to work in Manila. Vicenta applied for a passport indicating that she was single and when it was approved she left for the United States and filed a complaint for divorce against Pastor which was later on approved and issued by the Second Judicial Court of the State of Nevada. She then sought for the annulment of her marriage to the Archbishop of Cebu. Vicenta married Russell Leo Moran, an American, in Nevada and has begotten children. She acquired citizenship on August 8, 1958. Petitioner filed a complaint against Vicenta and her parents whom he alleged to have dissuaded Vicenta from joining her husband.

ISSUE: Whether the divorce sought by Vicenta Escano is valid and binding upon courts of the Philippines.

HELD: Civil Code of the Philippines does not admit divorce. Philippine courts cannot give recognition on foreign decrees of absolute divorce between Filipino citizens because it would be a violation of the Civil Code. Such grant would arise to discrimination in favor of rich citizens who can afford divorce in foreign countries. The adulterous relationship of Escano with her American husband is enough grounds for the legal separation prayed by Tenchavez. In the eyes of Philippine laws, Tenchavez and Escano are still married. A foreign divorce between Filipinos sought and decreed is not entitled to recognition neither is the marriage of the divorcee entitled to validity in the Philippines. Thus, the desertion and securing of an invalid divorce decree by one spouse entitled the other for damages. WHEREFORE, the decision under appeal is hereby modified as follows; (1) Adjudging plaintiff-appellant Pastor Tenchavez entitled to a decree of legal separation from defendant Vicenta F. Escao; (2) Sentencing defendant-appellee Vicenta Escao to pay plaintiff-appellant Tenchavez the amount of P25,000 for damages and attorneys' fees; (3) Sentencing appellant Pastor Tenchavez to pay the appellee, Mamerto Escao and the estate of his wife, the deceased Mena Escao, P5,000 by way of damages and attorneys' fees.

Pe vs Pe
TITLE: Pe vs. Pe CITATION: 5 SCRA 200

FACTS: Alfonso Pe, the defendant, was a married man, agent of La Perla Cigar and Cigarette Factory in Gasan Marinduque who was treated like a son by Cecilio Pe, one of the petitioners. Cecilio introduced Alfonso to his children and was given access to visit their house. Alfonso got fond of Lolita, 24 year old single, daughter of Cecilio. The defendant frequented the house of Lolita sometime in 1952 on the pretext that he wanted her to teach him how to pray the rosary. Eventually they fell in love with each other. Plaintiff brought action before lower court of Manila and failed to prove Alfonso deliberately and in bad faith tried to win Lolitas affection. The case on moral damages was dismissed.

ISSUE: Whether or not defendant is liable to Lolitas family on the ground of moral, good custom and public policy due to their illicit affair.

HELD: Alfonso committed an injury to Lolitas family in a manner contrary to morals, good customs and public policy contemplated in Article 20 of the civil code. The defendant took advantage of the trust of Cecilio and even used the praying of rosary as a reason to get close with Lolita. The wrong caused by Alfonso is immeasurable considering the fact that he is a married man. WHEREFORE, the decision appealed from is reversed. Defendant is hereby sentenced to pay the plaintiffs the sum of P5,000.00 as damages and P2,000.00 as attorney's fees and expenses of litigations. Costs against appellee.

University of the East vs Jader

TITLE: University of the East vs. Jader CITATION: GR No. 132344, February 7, 2000 FACTS: Romeo Jader graduated at UE College of law from 1984-88. During his last year, 1stsemester, he failed to take the regular final examination in Practical Court 1where he was given an incomplete grade remarks. He filed an application for removal of the incomplete grade given by Prof. Carlos Ortega on February 1, 1988 which was approved by Dean Celedonio Tiongson after the payment of required fees. He took the exam on March 28 and on May 30, the professor gave him a grade of 5. The commencement exercise of UE College of law was held April 16, 1988, 3PM. In the invitation, his name appeared. In preparation for the bar exam, he took a leave of absence from work from April 20- Sept 30, 1988. He had his pre-bar class review in FEU. Upon learning of such deficiency, he dropped his review classes and was not able to take the bar exam. Jader sued UE for damages resulting to moral shock, mental anguish, serious anxiety, besmirched reputation, wounded feelings, sleepless nights due to UEs negligence.

ISSUE: Whether UE should be held liable for misleading a student into believing JADER satisfied all the requirements for graduation when such is not the case. Can he claim moral damages?

HELD: SC held that petitioner was guilty of negligence and this liable to respondent for the latters actual damages. Educational institutions are duty-bound to inform the students of their academic status and not wait for the latter to inquire from the former. However, respondent should not have been awarded moral damages though JADER suffered shock, trauma, and pain when he was informed that he could not graduate and will not be allowed to take the bar examinations as what CA held because its also respondents duty to verify for himself

whether he has completed all necessary requirements to be eligible for the bar examinations. As a senior law student, he should have been responsible in ensuring that all his affairs specifically those in relation with his academic achievement are in order. Before taking the bar examinations, it doesnt only entail a mental preparation on the subjects but there are other prerequisites such as documentation and submission of requirements which prospective examinee must meet. WHEREFORE, the assailed decision of the Court of Appeals is AFFIRMED with MODIFICATION. Petitioner is ORDERED to PAY respondent the sum of Thirty-five Thousand Four Hundred Seventy Pesos (P35,470.00), with legal interest of 6% per annum computed from the date of filing of the complaint until fully paid; the amount of Five Thousand Pesos (P5,000.00) as attorney's fees; and the costs of the suit. The award of moral damages is DELETED.

Globe Mackay Cable and Radio Corp. vs NLRC, 163 SCRA 71; G.R. No. L74156
Posted by Pius Morados on November 17, 2011

(Labor Standards - COLA, payment of wage in unworked days) Facts: Wage Order No. 6 increased the cost-of-living allowance (COLA) of non-agricultural workers in the private sector. Petitioner Corporation complied with said Order by paying its monthly-paid employees the mandated P3.00 per day COLA. In its computation, Petitioner Corporation multiplied the P3.00 daily COLA by 22 days, which is the number of working days in the company. Respondent Union disagreed with the computation alleging that prior to the effectivity of the Wage Order, Petitioner Corporation had been computing and paying the COLA on the basis of 30 days per month and that this constituted an employer practice, which should not be unilaterally withdrawn. The Labor Arbiter sustained the position of Petitioner Corporation by holding that the monthly COLA should be computed on the basis of 22 days, since the evidence showed that there are only 22 days in a month for monthly-paid employees in the company. The NLRC reversed the Labor Arbiter on appeal, holding that Petitioner Corporation was guilty of illegal deductions considering that COLA should be paid and computed on the basis of 30 days since workers paid on a monthly basis are entitled to COLA on days unworked; and the full allowance enjoyed by Petitioner Corporations monthly -paid employees before the CBA executed between the parties constituted voluntary employer practice, which cannot be unilaterally withdrawn. Issue: WON the computation and payment of COLA on the basis of 30 days per month constitute an employer practice which should not be unilaterally withdrawn. Held: No. Section 5 of the Rules Implementing Wage Orders Nos. 2, 3, 5 and 6 provides that all covered employees shall be entitled to their daily living allowance during the days that they are paid their basic wage, even if unworked. The primordial consideration for entitlement of COLA is that basic wage is being paid. The payment of COLA is mandated only for the days that the employees are paid their basic wage, even if said days are unworked. On the days that employees are not paid their basic wage, the payment of COLA is not mandated. Moreover, Petitioner Corporation cannot be faulted for erroneous application of a doubtful or difficult question of law. Since it is a past error that is being corrected, no vested right may be said to have arisen nor any diminution of benefit under Article 100 of the Labor Code may be said to have resulted by virtue of the correction

Gasheem Shookat Baksh vs CA

TITLE: Gasheem Shookat Baksh vs. CA CITATION: 219 SCRA 115 FACTS: Private respondent, Marilou Gonzales, filed a complaint dated October 27, 1987 for damages against the petitioner for the alleged breach of their agreement to get married. She met the petitioner in Dagupan where the latter was an Iranian medical exchange student who later courted her and proposed marriage. The petitioner even went to Marilous house to secure approval of her parents. The petitioner then forced the respondent to leave with him in his apartment. Marilou was a virgin before she lived with him. After a week, she filed a complaint because the petitioner started maltreating and threatening her. He even tied the respondent in the apartment while he was in school and drugged her. Marilou at one time became pregnant but the petitioner administered a drug to abort the baby. Petitioner repudiated the marriage agreement and told Marilou to not live with him since he is already married to someone in Bacolod. He claimed that he never proposed marriage or agreed to be married neither sought consent and approval of Marlious parents. He claimed that he asked Marilou to stay out of his apartment since the latter deceived him by stealing money and his passport. The private respondent prayed for damages and reimbursements of actual expenses. ISSUE: Whether breach of promise to marry can give rise to cause for damages. HELD: The existing rule is that breach of promise to marry per se is not an actionable wrong. The court held that when a man uses his promise of marriage to deceive a woman to consent to his malicious desires, he commits fraud and willfully injures the woman. In that instance, the court found that petitioners deceptive promise to marry led Marilou to surrender her virtue and womanhood. Moral damages can be claimed when such promise to marry was a deceptive ploy to have carnal knowledge with the woman and actual damages should be paid for the wedding preparation expenses. Petitioner even committed deplorable acts in disregard of the laws of the country. Therefore, SC set aside the decision of CA awarding damages to the respondent.

Quisumbing vs MERALCO
TITLE: Sps. Quisumbing vs. MERALCO CITATION: GR No. 142943, April 3, 2002 FACTS: The plaintiff, spouses Antonio and Lorna Quisumbing are the owners of a house located at #94 Greenmeadows Avenue, Quezon City. Around 9AM on March 3, 1995, defendants inspectors headed by Emmanuel C. Orlino were assigned to conduct a routine on the spot inspection of all single phase meters at the house and observed as standard operating procedure to ask permission and was granted by the plaintiffs secretary. After the inspection, it was found that the meter had been tampered with. The result was relayed to the secretary who conveyed the information to the owners of the house. The inspectors advised that the meter be brought in their laboratory for further verifications. In the event that the meter was indeed tampered, defendant had to temporarily disconnect the electric services of the couple. After an hour, inspectors returned and informed the findings of the laboratory and asked the couple that unless they pay the amount of P178,875.01 representing the differential bill their electric supply will be disconnected. The plaintiff filed complaint for damages with a prayer for the issuance of a writ of preliminary injunction despite the immediate reconnection.

ISSUE: Whether or not MERALCO acted maliciously and malevolent manner done without due process, lack of regard for QUISUMBINGs rights, feelings, social and business reputation and therefore held them accountable and plaintiff be entitled for damages.

HELD: Supreme Court partly granted the petition and ordered plaintiff to pay respondent the billing differential of P193,332.96 while latter is ordered to pay petitioners moral and exemplary damages including attorneys fees. Moral damages may be recovered when rights of individuals including right against the deprivation of property without due process of law are violated. Exemplary damages on the other hand are imposed by way of example or correction for public. SC recognized the effort of MERALCO in preventing illegal use of electricity. However, any action must be done in strict observance of the rights of the people. Under the law, the Manila Electric Company (Meralco) mayimmediately disconnect electric service on the ground of alleged meter tampering, but only if the discovery of the cause is personally witnessed and attested to by an officer of the law or by a duly authorized representative of the Energy Regulatory Board. During the inspection, no government official or ERB representative was present.

Petitioners claim for actual damages was not granted for failure to supply proof and was premised only upon Lornas testimony. These are compensation for an injury that will put the injure position where it was before it was injured.

Nikko Hotel vs. Reyes

TITLE: Nikko Hotel Manila vs. Reyes CITATION: GR No. 154259, February 28, 2005 FACTS: Petitioners Nikko Hotel Manila and Ruby Lim assailed the decision of the Court of Appeals in reversing the decision of RTC of Quezon City. CA held petitioner liable for damages to Roberto Reyes aka Amang Bisaya, an entertainment artist. There are two versions of the story: Mr. Reyes: On the eve of October 13, 1994, Mr. Reyes while having coffee at the lobby of Nikko Hotel was approached by Dr. Violet Filart, a friend several years back. According to Mr. Reyes, Dr. Filart invited him to join a birthday party at the penthouse for the hotels former General Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and carried a basket of fruits, the latters gift. He He lined up at the buffet table as soon as it was ready but to his great shock, shame and embarrassment, Ruby Lim, Hotels Executive Secretary, asked him to leave in a loud voice enough to be heard by the people around them. He was asked to leave the party and a Makati policeman accompanied him to step-out the hotel. All these time, Dr Filart ignored him adding to his shame and humiliation. Ms. Ruby Lim: She admitted asking Mr. Reyes to leave the party but not in the manner claimed by the plaintiff. Ms. Lim approached several people including Dr. Filarts sister, Ms. Zenaida Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr. Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over the phone and doesnt want to interrupt her.

She asked Mr. Reyes to leave because the celebrant specifically ordered that the party should be intimate consisting only of those who part of the list. She even asked politely with the plaintiff to finish his food then leave the party. During the plaintiffs cross-examination, he was asked how close was Ms. Lim when she approached him at the buffet table. Mr. Reyes answered very close because we nearly kissed each other. Considering the close proximity, it was Ms. Lims intention to relay the request only be heard by him. It was Mr. Reyes who made a scene causing everybody to know what happened.

ISSUE: Whether or not petitioners acted abusively in asking Mr. Reyes to leave the party.

HELD: Supreme Court held that petitioners did not act abusively in asking Mr. Reyes to leave the party. Plaintiff failed to establish any proof of ill-motive on the part of Ms. Lim who did all the necessary precautions to ensure that Mr. Reyes will not be humiliated in requesting him to leave the party. Considering almost 20 years of experience in the hotel industry, Ms. Lim is experienced enough to know how to handle such matters. Hence, petitioners will not be held liable for damages brought under Article 19 and 20 of the Civil Code.

Garcia-Recio vs. Recio

TITLE: Grace J. Garcia-Recio v Rederick A. Recio CITATION: GR NO. 138322, Oct. 2, 2002 | 366 SCRA 437 FACTS: Rederick A. Recio, a Filipino, was married to Editha Samson, an Australian Citizen, in Malabon, Rizal on March 1, 1987. They lived as husband and wife in Australia. However, an Australian family court issued purportedly a decree of divorce, dissolving the marriage of Rederick and Editha on May 18, 1989. On January 12, 1994, Rederick married Grace J. Garcia where it was solemnized at Our lady of Perpetual Help Church, Cabanatuan City. Since October 22, 1995, the couple lived separately without prior judicial dissolution of their marriage. As a matter of fact, while they were still in Australia, their conjugal assets were divided on May 16, 1996, in accordance with their Statutory Declarations secured in Australia. Grace filed a Complaint for Declaration of Nullity of Marriage on the ground of bigamy on March 3, 1998, claiming that she learned only in November 1997, Redericks marriage with Editha Samson.

ISSUE: Whether the decree of divorce submitted by Rederick Recio is admissible as evidence to prove his legal capacity to marry petitioner and absolved him of bigamy.

HELD: The nullity of Redericks marriage with Editha as shown by the divorce decree issued was valid and recognized in the Philippines since the respondent is a naturalized Australian. However, there is absolutely no evidence that proves respondents legal capacity to marry petitioner though the former presented a divorce decree. The said decree, being a foreign document was inadmissible to court as evidence primarily because it was not authenticated by the consul/ embassy of the country where it will be used.

Under Sections 24 and 25 of Rule 132, a writing or document may be proven as a public or official record of a foreign country by either: (1) an official publication or (2) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in the Philippines, such copy must be: (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office. Thus, the Supreme Court remands the case to the Regional Trial Court of Cabanatuan City to receive or trial evidence that will conclusively prove respondents legal capacity to marry petitioner and thus free him on the ground of bigamy.

Pilapil vs Ibay-Somera
TITLE: Imelda Manalaysay Pilapil v Hon. Corona Ibay-Somera CITATION: GR No. 80116, June 30, 1989| 174 SCRA 653 FACTS: Imelda M. Pilapil, a Filipino citizen, was married with private respondent, Erich Ekkehard Geiling, a German national before the Registrar of Births, Marriages and Deaths at Friedensweiler, Federal Republic of Germany. They have a child who was born on April 20, 1980 and named Isabella Pilapil Geiling. Conjugal disharmony eventuated in private respondent and he initiated a divorce proceeding against petitioner in Germany before the Schoneberg Local Court in January 1983. The petitioner then filed an action for legal separation, support and separation of property before the RTC Manila on January 23, 1983. The decree of divorce was promulgated on January 15, 1986 on the ground of failure of marriage of the spouses. The custody of the child was granted to the petitioner. On June 27, 1986, private respondent filed 2 complaints for adultery before the City Fiscal of Manila alleging that while still married to Imelda, latter had an affair with William Chia as early as 1982 and another man named Jesus Chua sometime in 1983.

ISSUE: Whether private respondent can prosecute petitioner on the ground of adultery even though they are no longer husband and wife as decree of divorce was already issued.

HELD: The law specifically provided that in prosecution for adultery and concubinage, the person who can legally file the complaint should be the offended spouse and nobody else. Though in this case, it appeared that private respondent is the offended spouse, the latter obtained a valid divorce in his country, the Federal Republic of Germany, and said divorce and its legal effects may be recognized in the Philippines in so far as he is concerned. Thus, under the same consideration and rationale, private respondent is no longer the husband of petitioner and has no legal standing to commence the adultery case under the imposture that he was the offended spouse at the time he filed suit.

Miciano vs Brimo
TITLE: Juan Miciano v Andre Brimo CITATION: GR No.22595, November 1, 1927| 50 Phil 867 FACTS: Juan Miciano, judicial administrator of the estate in question, filed a scheme of partition. Andre Brimo, one of the brothers of the deceased (Joseph Brimo) opposed Micianos participation in the inheritance. Joseph Brimo is a Turkish citizen. ISSUE: Whether Turkish law or Philippine law will be the basis on the distribution of Joseph Brimos estates. HELD: Though the last part of the second clause of the will expressly said that it be made and disposed of in accordance with the laws in force in the Philippine Island, this condition, described as impossible conditions, shall be considered as not imposed and shall not prejudice the heir or legatee in any manner whatsoever, even should the testator otherwise provide. Impossible conditions are further defined as those contrary to law or good morals. Thus, national law of the testator shall govern in his testamentary dispositions. The court approved the scheme of partition submitted by the judicial administrator, in such manner as to include Andre Brimo, as one of the legatees.

Cui vs Arellano University

TITLE: Emetrio Cui v Arellano University CITATION: GR NO. L15127, May 30, 1961 | 112 Phil 135 FACTS: Emetrio Cui took his preparatory law course at Arellano University. He then enrolled in its College of Law from first year (SY1948-1949) until first semester of his 4th year. During these years, he was awarded scholarship grants of the said university amounting to a total of P1,033.87. He then transferred and took his last semester as a law student at Abad Santos University. To secure permission to take the bar, he needed his transcript of records from Arellano University. The defendant refused to issue the TOR until he had paid back the P1,033.87 scholarship grant which Emetrio refunded as he could not take the bar without Arellanos issuance of his TOR. On August 16, 1949, the Director of Private Schools issued Memorandum No. 38 addressing all heads of private schools, colleges and universities. Part of the memorandum states that the amount in tuition and other fees corresponding to these scholarships should not be subsequently charged to the recipient students when they decide to quit school or to transfer to another institution. Scholarships should not be offered merely to attract and keep students in a school. ISSUE: Whether or not Emetrio Cui can refund the P1,033.97 payment for the scholarship grant provided by Arellano University. HELD: The memorandum of the Director of Private Schools is not a law where the provision set therein was advisory and not mandatory in nature. Moreover, the stipulation in question, asking previous students to pay back the

scholarship grant if they transfer before graduation, is contrary to public policy, sound policy and good morals or tends clearly to undermine the security of individual rights and hence, null and void. The court sentenced the defendant to pay Cui the sum of P1,033.87 with interest thereon at the legal rate from Sept.1, 1954, date of the institution of this case as well as the costs and dismissing defendants counterclaim.

D.M. Consunji vs. CA and Juego

TITLE: D.M. Consunji Inc. v Court of Appeals and Maria J. Juego CITATION: GR No. 137873, April 20, 2001 | 357 SCRA 249 FACTS: Around 1:30PM of November 2, 1990, Jose Juergo, a construction worker of D.M. Consunji Inc. fell 14 floors from the Renaissance Tower, Pasig City. He was immediately rushed to Rizal Medical Center in Pasig City. The attending physician, Dr. Errol de Yzo, pronounce Jose dead on arrival (DOA) at around 2:15PM. Jose Juergo, together with Jessie Jaluag and Delso Destajo, performing their work as carpenter at the elevator core of the 14th floor of Tower D, Renaissance Tower Building were on board a platform. Jose was crushed to death when the platform fell due to removal or looseness of the pin, which was merely inserted to the connecting points of the chain block and platform but without a safety lock. Luckily, Jessie and Delso jumped out of safety. PO3 Rogelio Villanueva of the Eastern Police District investigated the tragedy and filed report dated Nov. 25, 1990. Maria Juergo, Joses widow filed a complaint on May 9, 1991 for damages in the RTC and was rendered a favorable decision to receive support from DM Consunji amounting to P644,000. DM Consunji seeks reversal of the CA decision. ISSUE: Whether Maria Juergo can still claim damages with D.M. Consunji apart from the death benefits she claimed in the State Insurance Fund. HELD: The respondent is not precluded from recovering damages under the civil code. Maria Juergo was unaware of petitioners negligence when she filed her claim for death benefits from the State Insurance Fund. She filed the civil complaint for damages after she received a copy of the police investigation report and the Prosecutors Memorandum dismissing the criminal complaint against petitioners personnel. Supreme Court remanded to the RTC of Pasig City to determine whether the award decreed in its decision is more than that of the Employees Compensation Commission (ECC). Should the award decreed by the trial court be greater than that awarded by the ECC, payments already made to private respondent pursuant to the Labor Code shall be deducted therefrom.

People vs Que Po Lay

TITLE: People of the Phils v Que Po Lay CITATION: 94 Phil 640 | GR No. 6791, March 29, 1954 FACTS: The appellant was in possession of foreign exchange consisting of US dollars, US checks and US money orders amounting to about $7000 but failed to sell the same to the Central Bank as required under Circular No. 20.

Circular No. 20 was issued in the year 1949 but was published in the Official Gazette only on Nov. 1951 after the act or omission imputed to Que Po Lay. Que Po Lay appealed from the decision of the lower court finding him guilty of violating Central Bank Circular No. 20 in connection with Sec 34 of RA 265 sentencing him to suffer 6 months imprisonment, pay fine of P1,000 with subsidiary imprisonment in case of insolvency, and to pay the costs.

ISSUE: Whether or not publication of Circular 20 in the Official Gazette is needed for it to become effective and subject violators to corresponding penalties.

HELD: It was held by the Supreme Court, in an en banc decision, that as a rule, circular and regulations of the Central Bank in question prescribing a penalty for its violation should be published before becoming effective. This is based on the theory that before the public is bound by its contents especially its penal provisions, a law, regulation or circular must first be published for the people to be officially and specifically informed of such contents including its penalties. Thus, the Supreme Court reversed the decision appealed from and acquit the appellant, with costs de oficio.

Tanada vs Tuvera (136 SCRA 27)

TITLE: Tanada v Tuvera CITATION: L-63915, April 24, 1985| 136 SCRA 27

FACTS: Petitioners seek a writ of mandamus in compelling respondent public officials to publish and/ or cause the publication in the Official Gazette of various presidential decrees, letter of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. The general rule in seeking writ of mandamus is that it would be granted to a private individual only in those cases where he has some private or particular interest to be subserved, or some particular right to be protected, independent of that which he holds with the public at large," and "it is for the public officers exclusively to apply for the writ when public rights are to be subserved. The legal capacity of a private citizen was recognized by court to make the said petition for the reason that the right sought to be enforced by petitioners herein is a public right recognized by no less than the fundamental law of the land. ISSUE: Whether publication in the Official Gazette is still required considering the clause in Article 2 unless otherwise provided. HELD: Unless it is otherwise provided refers to the date of effectivity and not with the publication requirement which cannot be omitted as public needs to be notified for the law to become effective. The necessity for the publication in the Official Gazette of all unpublished presidential issuances which are of general application,

was affirmed by the court on April 24, 1985. This is necessary to provide the general public adequate notice of the various laws which regulate actions and conduct as citizens. Without this, there would be no basis for Art 3 of the Civil Code Ignorance of the law excuses no one from compliance therewith. WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.