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College of Law
UCLASS Bar Operations
Political Law Society
POLITICAL LAW
JURISPRUDENCE
2012
Chairperson: Paul Nejudne
Vice Chair: Lester Wee
Members:
Robie Quino, Gibran Abubakar,
Jhona Grace Alo, Leah Lara Bardoquillo,
Jennelyn Bilocura, Joy Bolivar,
Kristine Athena Nedamo,
Kristine Nejudne, Chelisa Roxas
SELECTED SUPREME
COURT DECISIONS
IN
POLITICAL LAW
2000
IBP vs. Zamora G.R. No.141284, August 15, 2000
Facts:
Invoking his powers as Commander-in-Chief
under Sec. 18, Art. VII of the Constitution, the President
directed the AFP Chief of Staff and PNP Chief to
coordinate with each other for the proper deployment
and utilization of the Marines to assist the PNP in
preventing or suppressing criminal or lawless violence.
The President declared that the services of the Marines in
the anti-crime campaign are merely temporary in nature
and for a reasonable period only, until such time when
the situation shall have improved. The IBP filed a petition
seeking to declare the deployment of the Philippine
Marines
null
and
void
and
unconstitutional.
Issue/s:
(1) Whether or not the Presidents factual determination
of the necessity of calling the armed forces is subject to
judicial
review
(2) Whether or not the calling of the armed forces to
assist the PNP in joint visibility patrols violates the
constitutional provisions on civilian supremacy over the
military and the civilian character of the PNP
Ruling:
When the President calls the armed forces to prevent or
suppress lawless violence, invasion or rebellion, he
necessarily exercises a discretionary power solely vested
in his wisdom. Under Sec. 18, Art. VII of the Constitution,
Congress may revoke such proclamation of martial law or
suspension of the privilege of the writ of habeas corpus
and the Court may review the sufficiency of the factual
basis thereof. However, there is no such equivalent
provision dealing with the revocation or review of the
Presidents action to call out the armed forces. The
distinction places the calling out power in a different
category from the power to declare martial law and
power to suspend the privilege of the writ of habeas
corpus, otherwise, the framers of the Constitution would
have simply lumped together the 3 powers and provided
for their revocation and review without any qualification.
For Private
2001
People of the Philippines vs. Ricardo de Guzman
G.R. No. 134844-45 (2001)
Facts:
On or about the month of December, 1995 and
of October 2, 1996, in Tagig, Metro Manila, the accused,
with lewd designs and by means of force and
intimidation, unlawfully have sexual intercourse with
Marlyn Perlas y Roque, fourteen (14) years old, against
her will and consent. The accused is the common-law
spouse of the victims mother, but the prosecution failed
to allege the relationship in the information. Two
information were charged against the accused docketed
as Criminal Case No. 110978-H and 110979-H.
The prosecution presented five (5) witnesses
who testified against the accused and further
corroborated finding that the victim was indeed raped
and intimidated due to the fact the she had poor mental
development who acts like a 7-8 year old girl even if she
was already 15 years old.
The accused entered a plea of no guilty, upon
arraignment, on the two information charging him the
crime of simple rape. Presiding judge, however, rendered
judgment of conviction for two (2) counts of the crime of
rape, sentencing accused to suffer death penalty.
A perusal of the Information reveals that
Prosecutor Ma. Paz Reyes Izon intended to charge
accused-appellant "with the crime of violation of Art. 335
(rape) of the RPC in relation to Section 5, R.A. 7610",
(AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL
PROTECTION
AGAINST
CHILD
ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER
PURPOSES)
Issues:
Whether or not the trial court gravely erred in imposing
two (2) death penalties upon accused-appellant despite
failure of the prosecution to allege in the two (2)
information that accused-appellant is the common-law
spouse of the victims parent.
Ruling:
The court held that the two information charged
accused-appellant with the crime of simple rape,
penalized under Article 335 of the Revised Penal Code
with the indivisible penalty of reclusin perpetua.
There is no indication in the two Information
that the crime charged is punishable by death under the
foregoing law. Republic Act No. 7610 covers child
prostitution, which is not the case here. Besides, Republic
Act No. 7610 itself does not impose death for rape but
rather refers the matter to Article 335 of the Revised
Penal Code as the applicable law.
Under the rules of criminal procedure, a qualifying
circumstance to be considered as such must be so
alleged in the information, which is not required of
aggravating circumstances.
"It has long been the rule that qualifying circumstances
must be properly pleaded in the indictment. If the same
are not pleaded but proved, they shall be considered only
2.
For Private
3.
4.
Facts:
Ruling:
The court ruled that:
1st issue: That the petitioner had once been
placed in jeopardy by the filing of Criminal Case No. 066
and the jeopardy was terminated by his discharge. The
judgment of acquittal became immediately final. Note,
however, that what was elevated to the Court of Appeals
by private respondents was the civil aspect of Criminal
Case No. 066. Petitioner was not charged anew with a
second criminal offense identical to the first offense. The
records clearly show that no second criminal offense was
being imputed to petitioner on appeal. In modifying the
lower court's judgment, the appellate court did not
modify the judgment of acquittal. Nor did it order the
filing of a second criminal case against petitioner for the
same offense. Obviously, therefore, there was no second
jeopardy to speak of. Petitioner's claim of having been
placed in double jeopardy is incorrect.
2nd issue: The court supports the conclusion of
the appellate court that the acquittal was based on
reasonable doubt; hence, petitioner's civil liability was
not extinguished by his discharge. We note the trial
court's declaration that did not discount the possibility
that "the accused was really negligent." However, it found
that "a hypothesis inconsistent with the negligence of the
accused presented itself before the Court" and since said
"hypothesis is consistent with the recordthe Court's
mind cannot rest on a verdict of conviction."The
foregoing clearly shows that petitioner's acquittal was
predicated on the conclusion that his guilt had not been
established with moral certainty. Stated differently, it is
an acquittal based on reasonable doubt and a suit to
enforce civil liability for the same act or omission lies.
3rd issue: The actual damages claimed by the
offended parties, as in this case, are not included in the
computation of the filing fees. Filing fees are to be paid
only if other items of damages such as moral, nominal,
temporate, or exemplary damages are alleged in the
complaint or information, or if they are not so alleged,
shall constitute a first lien on the judgment. Criminal
Case No. 066 contained no specific allegations of
damages. Considering that the Rules of Criminal
Procedure effectively guarantee that the filing fees for the
award of damages are a first lien on the judgment, the
effect of the enforcement of said lien must retroact to the
institution of the criminal action. The filing fees are
For Private
Issues:
Whether or not respondents qualify as "small property
owners as defined in Section 3 (q) of R.A. 7279.
Section 3.
Ruling:
Lands for socialized housing under R.A. 7279 are
to be acquired in several modes. Among these modes are
the following: (1) community mortgage; (2) land
swapping, (3) land assembly or consolidation; (4) land
banking; (5) donation to the government; (6) joint
venture agreement; (7) negotiated purchase; and (8)
expropriation. The mode of expropriation is subject to
two conditions: (a) it shall be resorted to only when the
other modes of acquisition have been exhausted; (b)
parcels of land owned by small property owners are
exempt from such acquisition.
Respondents therefore appear to own real
property other than the lots in litigation. Nonetheless, the
records do not show that the ancestral home in Paco,
Manila and the land on which it stands are owned by
respondents or anyone of them. Petitioner did not
present any title or proof of this fact despite Antonio
Aguilar's testimony.
Finally, this court notes that the subject lots are
now in the possession of respondents. Antonio Aguilar
testified that he and the other co-owners filed ejectment
cases against the occupants of the land before the
Metropolitan Trial Court, Mandaluyong, Branches 59 and
60. Orders of eviction were issued and executed on
September 17, 1997 which resulted in the eviction of the
tenants and other occupants from the land in question.71
IN VIEW WHEREOF, the petition is DENIED
and the orders dated September 17. 1998 and December
29, 1998 of the Regional Trial Court, Branch 168, Pasig
City in SCA No. 1427 are AFFIRMED.
SPOUSES ALEJANDRO MlRASOL and LILIA E.
MIRASOL vs. THE COURT OF APPEALS, PHILIPPINE
NATIONAL and PHILIPPINE EXCHANGE CO., INC.,
respondent G.R. No. 128448 ( 2001)
Facts:
Ruling:
It is settled that Regional Trial Courts have the
authority and jurisdiction to consider the constitutionality
of a statute, presidential decree, or executive order. The
Constitution vests the power of judicial review or the
power to declare a law, treaty, international or executive
agreement, presidential decree, order, instruction,
ordinance, or regulation not only in this Court, but in all
Regional Trial Courts.
The purpose of the mandatory notice in Rule 64,
Section 3 is to enable the Solicitor General to decide
whether or not his intervention in the action assailing the
validity of a law or treaty is necessary. To deny the
Solicitor General such notice would be tantamount to
depriving him of his day in court. We must stress that,
contrary to petitioners' stand, the mandatory notice
requirement is not limited to actions involving declaratory
relief and similar remedies. The rule itself provides that
such notice is required in "any action" and not just
actions involving declaratory relief. Where there is no
ambiguity in the words used in the rule, there is no room
for construction. 15 In all actions assailing the validity of
a statute, treaty, presidential decree, order, or
proclamation, notice to the Solicitor General is
mandatory.
For Private
Ruling:
For Private
Issues:
1.
2.
Ruling:
The court disagree with accused-appellant that
simply because complaining witness failed to shout for
help he could not be guilty of rape. Even if accusedappellant did not cover the mouth of Editha, her silence
would not by itself be sufficient to negate the conclusion
that rape was committed. Being complainants father,
accused-appellant had moral ascendancy and influence
over his daughter who was then of tender years. Her fear
of her father was more than enough to intimidate her to
submit to his lewd advances without shouting for help.
The answers of accused-appellant to the charges
consisted only of bare denials and allegations that would
not suffice to disprove rape.
The court, however, ruled in favor of the accused
in that the failure of the prosecution to allege in the
Complaint the special qualifying circumstance of
relationship between him and the victim will not allow the
imposition of the death penalty. Under Sec. 11 of RA
7659, the death penalty shall be imposed for the crime of
rape if the victim is under eighteen (18) years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the
parent of the victim. These circumstances are in the
nature of qualifying circumstances that must be jointly
alleged in the complaint or information. Such failure of
the Complaint to implead the relationship of accusedappellant to the victim makes it legally impossible to
convict him of qualified rape. Hence, he can only be
convicted of simple rape. Indeed, it would be a denial of
the right of the accused to be informed of the charges
against him, and, consequently, a denial of due process,
if he is charged with simple rape and be convicted of its
qualified form punishable with death, although the
attendant circumstance qualifying the offense and
resulting in capital punishment was not alleged in the
indictment on which he was arraigned.
PEOPLE OF THE PHILIPPINES vs.
NASARIO MOLINA y MANAMA @ "BOBONG" and
GREGORIO MULA y MALAGURA @ "BOBOY", G.R.
No. 133917, (2001)
Facts:
On or about August 8, 1996, in the City of
Davao, Philippines, and within the jurisdiction of this
For Private
Ruling:
The fundamental law of the land mandates that
searches and seizures be carried out in a reasonable
fashion that is, by virtue or on the strength of a search
warrant predicated upon the existence of a probable
cause. The pertinent provision of the Constitution
provides:
SEC. 2. The right of the people to be secure in
their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
For Private
Facts:
Herminio Abille, now deceased, had a total
landholding of 13.0561 hectares, located in Infanta,
Pangasinan, in which 2.84 hectares were tilled by Balbino
dela Cruz, as an agricultural tenant since 1968, who died
in 1981. After his death, he was, nevertheless, issued a
Certificate of Land Transfer (CLT) No. 0-064711pursuant
to Presidential Decree No. 27. The certificate was entered
in the Registration Book of the Registry of Deeds of
Pangasinan. Tax Declaration No. 3 in the name of
Herminio Abille was cancelled and Tax Declaration No.
1134 was issued in the name of Balbino dela Cruz.
In 1987, Abille filed a petition for exemption
under Operation Land Transfer (OLT) of his landholdings
alleging that he was not notified of the coverage of his
land under OLT; that he learned of its coverage only on
March 25, 1987; that prior to the issuance of the
Certificate of Land Transfer No. 0-064711, DAR did not
notify him or his representative; that he has been
deprived of his constitutional right to due process.
1989, Regional Director Antonio M. Nuesa of the
Bureau of Agrarian Legal Assistance, Region I, San
Fernando, La Union, issued an Order, denying the petition
for exemption, and granted the right of extension of not
more than seven (7) hectares instead. He directed the
petitioner to immediately select the retention areas,
canceling the Certificates of Land Transfer issued on the
tenants on the retained area and ordered MARO to
prepare Agricultural Leasehold Contracts between the
petitioner and the tenants and implement the Order.
Herminio selected the 7-hectare retention area,
which included the area covered by CLT No. 0-064711
issued to Balbino dela Cruz; hence, said CLT was
automatically cancelled.
Petitioners, on the other hand, who are the
compulsory heirs of the late Balbino dela Cruz, filed with
the Department of Agrarian Reform a petition for the
issuance of emancipation patent, which was later referred
to the Regional Director I, San Fernando, La Union, for
appropriate action. They prayed for the dismissal of the
petition for the issuance of emancipation patent on the
ground that DAR Order, ordering the cancellation of the
Certificate of Land Transfer of the retained area, had
become final and had been implemented by the Provincial
Agraria Officer of Pangasinan; hence, the petition had
become moot and academic.
Petitioners' motion for reconsideration of the
said Decision of the Secretary of DAR having been
denied, they filed a petition for review with the Court of
Appeals. However, the Court of Appeals dismissed the
said petition for review. Their motion for reconsideration
was also denied by the appellate court.
Petitioners argued that it was incorrect for the
Court of Appeals to hold that they were accorded due
2.
Ruling:
The petition is devoid of merit.
The court ruled that the CA was correct
in holding that although the petitioners were not given
the opportuniy to be heard when Regional Director
Antonio Nuesa in his Order regarding the cancellation of
Certificate of Land Transfer No. 0-064711 on the retained
area, nevertheless, in their petition for issuance of an
emancipation patent, petitioners were given the
opportunity to be heard as they raised in issue the
validity of the cancellation of the said CLT, which was
resolved by DAR Regional Director Eligio P. Pacis and also
in their (petitioners') motion for reconsideration, which
was treated as an appeal by the Secretary of Agrarian
Reform and was resolved. The essence of due process is
simply an opportunity to be heard or, as applied to
administrative proceedings, an opportunity to seek
a reconsideration of the action or ruling complained
of (emphasis supplied). Futher, the petition filed by
landowner Herminio Abille, which was for exemption of
his property from the coverage of Operation Land
Transfer, cognizable by Region I Director Antonio M.
Nuesa of the Bureau of Agrarian Legal Assistance, did not
require notice to petitioners.
Furthermore, the Certificate of Land
Transfer No. 0-064711 was validly cancelled. Said
certificate was issued to petitioners' predecessor, Balbino
dela Cruz, before landowner Herminio Abille was informed
of such issuance and that his landholding was subject to
Operation Land Transfer. Subsequently, Herminio Abille,
who was found to own riceland with an area of 9.2903
hectares, was granted the right to retain an area not
For Private
Issues:
1.
Facts:
Upon his assumption to the position of Mayor of
Pagbilao, Quezon, petitoner Conrado De Rama wrote a
letter to the CSC seeking the recall of the appointments
of 14 municipal employees. Petitioner justified his recall
request on the allegation that the appointments of said
employees were midnight appointments of the former
mayor, done in violation of Art. VII, Sec. 15 of the
Constitution. The CSC denied petitioners request for the
recall of the appointments of the 14 employees for lack of
merit. The CSC dismissed petitioners allegation that
these were midnight appointments, pointing out that
the constitutional provision relied upon by petitioner
prohibits only those appointments made by an outgoing
President and cannot be made to apply to local elective
officials. The CSC opined that the appointing authority
can validly issue appointments until his term has expired,
as long as the appointee meets the qualification
standards for the position.
Petitioner moved for the reconsideration
of the CSC's Resolution, but petitioner's motion for
reconsideration was denied
Petitioner then filed a petition for
review before the Court of Appeals, arguing that the CSC
arrived at the erroneous conclusion after it ignored his
"supplement to the consolidated appeal and motion for
reconsideration" wherein he laid out evidence showing
that the subject appointments were obtained through
fraud. The Court of Appeals denied for lack of merit the
petition for review.
Petitioner
filed
a
motion
for
reconsideration arguing that the appellate court erred in
upholding the CSC's resolutions despite the following
defects:
I. No screening process and no criteria were
adopted by the Personnel Selection Board in nominating
the respondents;
II. No posting in three (3) conspicuous public
places of notice of vacancy as required by the rules and
the law;
III. Merit and fitness requirements were not
observed by the selection board and by the appointing
authority as required by the Civil Service rules;
IV. Petitioner has valid grounds to recall the
appointments of respondents.
The Court of Appeals denied the motion
for reconsideration.
Hence, the instant petition for review
on certiorari.
Ruling:
The CSC correctly ruled that the constitutional
prohibition on so-called midnight appointments,
specifically those made within 2 months immediately
prior to the next presidential elections, applies only to the
President or Acting President. There is no law that
prohibits
local
elective
officials
from
making
appointments during the last days of his or her tenure.
The records reveal that when the petitioner
brought the matter of recalling the appointments of the
fourteen (14) private respondents before the CSC, the
only reason he cited to justify his action was that these
were "midnight appointments" that are forbidden under
Article VII, Section 15 of the Constitution. However, the
CSC ruled, and correctly so, that the said prohibition
applies only to presidential appointments. In truth and in
fact, there is no law that prohibits local elective officials
from making appointments during the last days of his or
her tenure. Petitioner certainly did not raise the issue of
fraud on the part of the outgoing mayor who made the
appointments. Neither did he allege that the said
appointments were tainted by irregularities or anomalies
that
breached
laws
and
regulations
governing
appointments. His solitary reason for recalling these
For Private
Issues:
Whether or not the trial court erred in:
...CONVICTING THE ACCUSED APPELLANTS AND IN NOT
ACQUITTING THEM:
(A) ON GROUNDS OF REASONABLE DOUBT; AND
(B) BY APPLYING THE "EQUIPOISE RULE."
Ruling:
The accused appellants invoke the equipoise
rule because their guilt had not been established beyond
reasonable doubt. The SC said that it has enumerated the
requisites for credible identification in the case of
People v. Teehankee, Jr., 249 SCRA 54 (1995) as
follows:
1)
the witness opportunity to view the
criminal at the time of the crime;
2)
witness degree of attention at that
time;
3)
the accuracy of any prior description
given by the witness;
4)
the level of certainty demonstrated by
the witness at the identification;
5)
the length of time between the crime
and the identification; and
6)
the suggestiveness of the identification
procedure. 18
The Court held that in their view, these
requirements were met. In the instant case, there is no
question that both witnesses had the opportunity to view
the incident as it unfolded before them with a degree of
attention that allowed them to take in the important
details and recall them clearly. Moreover, as repeatedly
stressed, appellate court should accord to the factual
findings of trial courts and their evaluation great weight
and respect concerning the credibility of witnesses. The
conditions of visibility being favorable and these
witnesses not appearing to be biased, the conclusion of
trial courts regarding the identity of the malefactors
should normally be accepted.
The SC also held that the trial court did
not err in qualifying the killing as murder. There was
treachery in this case since, as testified to by prosecution
witness Fernandez, the victim had already dismissed the
appellants after they talked to him. The victim was
deliberately allowed to enjoy a false sense of security.
They shot the victim when the latter had his hands
raised. The SC therefore affirmed the ruling of the lower
court, but made modifications with the costs to be paid
by the accused.
For Private
For Private
1. No
NO .
For Private
Facts:
For Private
For Private
For Private
For Private
has jurisdiction
issuing
Ruling:
For Private
correccional; and,
accordingly sentenced to suffer
reclusion perpetua and to pay a fine of P700,000.00.
Issues:
For Private
1.
2.
Ruling:
For Private
Issues:
Whether or not the search and seizure performed at
the backyard of the accused was valid.
Ruling:
NO. In the instant case, the search and seizure
conducted by the composite team in the house of
accused-appellant was not authorized by a search
warrant. It does not appear either that the situation falls
under any of the exceptions. Consequently, accusedappellant's right against unreasonable search and seizure
was clearly violated. It is extant from the records that
accused-appellant did not consent to the warrantless
search and seizure conducted. While the right to be
secure from unreasonable search and seizure may, like
every right, be waived either expressly or impliedly, such
waiver must constitute a valid waiver made voluntarily,
knowingly and intelligently. The act of the accusedappellant in allowing the members of the military to enter
his premises and his consequent silence during the
unreasonable search and seizure could not be construed
as voluntary submission or an implied acquiescence to
warrantless search and seizure especially so when
members of the raiding team were intimidatingly
numerous and heavily armed.
As a general rule, objects in the "plain view" of
an officer who has the right to be in the position to have
that view are subject to seizure without a warrant. It is
usually applied where a police officer is not searching for
evidence
against
the
accused,
but
nonetheless
inadvertently comes across an incriminating object. Thus,
the following elements must be present before the
doctrine may be applied: (a) a prior valid intention based
on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties; (b)
the evidence was inadvertently discovered by the police
who have the right to be where they are; (c) the
evidence must be immediately apparent; and (d) "plain
view" justified were seizure of evidence without further
search.
Here, there was no valid warrantless arrest.
They forced their way into accused-appellant's premises
without the latter's consent. It is undisputed that the
NARCOM agents conducted a surveillance of the
residence of accused-appellant on July 9, 1995 on the
suspicion that he was growing and cultivating marijuana
For Private
For Private
or
not
there
was
illegal
dismissal.
Ruling:
The SC ruled in favor of petitioner. For a valid
dismissal not only must there be just cause supported by
clear and convincing evidence, there must also be an
opportunity ;to be heard. The employer has the burden
to prove that the dismissal was just or authorized cause.
Failure to discharge this burden means that the
dismissal ;is unjustified. Here the evidence submitted
was merely unsigned handwritten records and printouts.
This is insufficient to justify a dismissal. The provision for
flexibility in administrative procedure does not justify
decisions without basis in evidence having rational
probative value. Here both the handwritten listing and
computer print outs being unsigned, so the authenticity is
suspect and devoid of any rational probative value. Nor
was there due process. There is no showing that there
was warning of the absences and tardiness. The 2-day
period given to answer the allegations is an unreasonably
short period of time. The clinic cant have given ample
opportunity to answer the charges filed. There are
serious doubts as to the factual basis of the charges
against petitioner. There doubts shall be resolved in her
favor in line with the policy rule list that if doubts exists
between the evidence presented by the employer and the
employee, the scales of justice must be titled in favor of
the latter.
CITY OF MANILA vs. OSCAR, FELICITAS, JOSE,
BENJAMIN, ESTELITA, LEONORA AND ADELAIDA,
ALL SURNAMED SERRANO, G.R. No. 142304, June 20,
2001
Facts:
On December 21, 1993, the City Council of
Manila enacted Ordinance 7833, authorizing the
expropriation of certain properties in Manilas First District
in Tondo, covered by TCTs 70869, 105201, 105202, and
138273 of the Register of Deeds of Manila, which are to
be sold and distributed to qualified occupants pursuant to
the Land Use Development Program of the City of Manila.
One of the properties sought to be expropriated,
denominated as Lot 1-C, consists of 343.10 square
meters, and was in the name of Feliza de Guia. Lot 1-C
was assigned to Edgardo De Guia, one of the heirs of
Alberto De Guia, in turn one of the heirs of Feliza de
Guia. On 29 July 1994, the said property was transferred
to Lee Kuan Hui, in whose name TCT 217018 was issued.
The property was subsequently sold on 24 January 1996
For Private
For Private
Issues:
Whether the valuation of just compensation is
determined at the time the property was taken or at
the time the complaint for expropriation is filed.
Ruling:
Whenever public lands are alienated, granted or
conveyed to applicants thereof, and the deed grant or
instrument of conveyance (sales patent) registered with
the Register of Deeds and the corresponding certificate
and owners duplicate of title issued, such lands are
deemed registered lands under the Torrens System and
the certificate of title thus issued is as conclusive and
indefeasible as any other certificate of title issued to
private lands in ordinary or cadastral registration
proceedings. The only servitude which a private property
owner is required to recognize in favor of the government
is the easement of a public highway, way, private way
established by law, or any government canal or lateral
thereof where the certificate of title does not state that
the boundaries thereof have been pre-determined. This
implies that the same should have been pre-existing at
the time of the registration of the land in order that the
registered owner may be compelled to respect it.
Conversely, where the easement is not pre-existing and
is sought to be imposed only after the land has been
registered under the Land Registration Act, proper
expropriation proceedings should be had, and just
compensation paid to the registered owner thereof.
Herein, the irrigation canal constructed by the NIA on the
contested property was built only on October 6, 1981,
several years after the property had been registered on
13
May
1976.
Accordingly,
prior
expropriation
proceedings
should
have
been
filed
and
just
compensation paid to the owner thereof before it could
be taken for public use. With respect to the compensation
which the owner of the condemned property is entitled to
receive, it is likewise settled that it is the market value
which should be paid or that sum of money which a
person, desirous but not compelled to buy, and an owner,
willing but not compelled to sell, would agree on as a
price to be given and received therefore. Further, just
compensation means not only the correct amount to be
paid to the owner of the land but also the payment of the
Facts:
For Private
Facts:
Ruling:
Issues:
Does the Director of
supervision
of
the
Ruling:
For Private
Issues:
Whether or not respondent Nuskas termination of
employment was valid.
Ruling:
NO. The Constitution provides that: "No person
shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal
protection of the laws." It further mandates that: "No
officer or employee of the civil service shall be removed
are suspended except for cause provided by law."
In this case, respondent Nuska had a permanent
appointment to the position of municipal civil registrar of
Ditsaan Ramain, Lanao Del Sur. She thus enjoyed
security of tenure as guaranteed by law. As an employee
in the civil service and as a civil service eligible,
respondent Nuska entitled to the benefits, rights and
privileges extended to those belonging to the classified
service. She could not be removed or dismissed from the
service without just cause and without observing the
requirements of due process.
The reasons advanced by petitioner why
respondent Nuska's employment was terminated were
the following: failure to make a courtesy call, failure to
submit her appointment papers, and failure to report to
work which was tantamount to abandonment. The failure
to make a courtesy call to one's superior is not an
offense, much less a ground to terminate a person's
employment. Respondent Nuska's failure to submit her
appointment papers is not a cause for her outright
dismissal. It was not shown that respondent Nuska was
informed of the July 1, 1995 memorandum requiring
those with permanent appointments to submit their
papers. At the very least, petitioner could have reminded
her to submit the documents without terminating her
employment immediately.
On the alleged abandonment by respondent
Nuska of her position, the same is without any basis. It is
significant to note that Nuska, in her letter dated 27
August 1995, informed Mayor Adiong that she did not
resign and that the termination of her services was not in
accordance with existing Civil Service rules and
regulations. She requested that she be reinstated to her
lawful position and her back salaries be paid accordingly.
The foregoing explains that although Nuska was
physically absent in the office premises, all the while, she
had the intention to return to work. Hence, she could not
be deemed to have abandoned or relinquished her right
to the position under an appointment with permanent
employment status.
A person holding a public office may abandon
such office by non-user or acquiescence. Non-user refers
to a neglect to use a right or privilege or to exercise an
office. However, nonperformance of the duties of an office
does
not
constitute
abandonment
where
such
nonperformance results from temporary disability or from
involuntary failure perform
Abandonment may also result from acquiescence
by the officer in his wrongful removal or discharge, for
instance, after a summary removal; an unreasonable
For Private
Issues:
Whether petitioners failure to submit a motion for
reconsideration was fatal to his cause of action.
Ruling:
YES. Petitioners did not exhaust all the remedies
available to them at the COMELEC level. Specifically, they
did not seek a reconsideration of the assailed COMELEC
En Banc Resolution as required by Section 1, Rule 13 of
the 1993 COMELEC Rules of Procedure, Petitioners' failure
to file the required motion for reconsideration utterly
disregarded the COMELEC Rules intended "to achieve an
orderly, just, expeditious and inexpensive determination
and disposition of every action and proceeding brought
before the Commission."
Contrary to petitioners' statement that a resort
to a motion for reconsideration is "dilatory," it bears
stressing that the purpose of the said motion is to give
the COMELEC an opportunity to correct the error imputed
to it. If the error is immediately corrected by way of a
motion for reconsideration, then it is the most
expeditious and inexpensive recourse. But if the
COMELEC refuses to correct a patently erroneous act,
then it commits a grave abuse of discretion justifying
recourse by the aggrieved party to a petition for
certiorari.
A petition for certiorari under Rule 65 of the
1997 Rules of Civil Procedure, as amended, can only be
resorted to if "there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law.''
Having failed to file the required motion for
reconsideration of the challenged Resolution, petitioners'
instant petition is certainly premature. Significantly, they
have not raised any plausible reason for their direct
recourse to this Court.
CRUZ and PAITIM vs. CIVIL SERVICE
COMMISSION , G.R. No. 144464, November 22,
2001
Facts:
On September 9, 1994 it was discovered by the
Civil Service Commission (CSC) that Paitim, Municipal
Treasurer of Bulacan took the non-professional
examination for Cruz after the latter had previously failed
in the said examination three times.
The CSC found after a fact finding investigation
that a prima facie case exists against you for
DISHONESTY, GRAVE MISCONDUCT and CONDUCT
PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE.
The petitioners filed their Answer to the charge
entering a general denial of the material averments of
the "Formal Charge." They also declared that they were
electing a formal investigation on the matter. The
petitioners subsequently filed a Motion to Dismiss
For Private
Facts:
In the Decision sought to be reconsidered, we
ruled that private respondent's appointment on August
28, 1986, as Ministry Legal Counsel - CESO IV of the
Ministry of Local Government, was temporary. Applying
the case of Achacoso v. Macaraig, we held that since
private respondent was not a Career Executive Service
(CES) eligible, his appointment did not attain
permanency because he did not possess the required
CES eligibility for the CES position to which he was
appointed. Hence, he can be transferred or reassigned
without violating his right to security of tenure.
It appears, however, that in Jacob Montesa v. Santos,
et al., decided on September 26, 1990, where the
nature of private respondent's appointment as Ministry
Legal Counsel - CESO IV, of the Ministry of Local
Government, was first contested, this Court issued a
Minute Resolution dated March 17, 1992, holding that
Achacoso v. Macaraig is not applicable to the case of
private respondent.
There was no Career Executive Service Board
during the Freedom Constitution or at the time of
appointment of petitioner. The CESO was only
reconstituted by the appointment of its Board of six (6)
members sometime in August 1988. There was no
CESO eligibility examination during petitioner's
incumbency in the Department, as there was no CESO
board. The first CESO examination was given on
August 5 and 12, 1990. The CESO eligibility was not a
requirement at the time of the appointment of
petitioner. The only eligibility required is that of a first
grader and petitioner is a first grade eligible. Therefore,
having met all the requirements for the position to
which he was appointed, he cannot be removed in
violation of the constitutional guarantee on security of
tenure and due process.
Invoking res judicata, private respondent
contends that the nature of his appointment can no
longer be passed upon and controverted in the present
case considering that said issue had already been
settled in the foregoing Minute Resolution of the Court.
Issues:
Whether or not res judicata applies.
Ruling:
NO. Concededly, if we follow the conventional
procedural path, i.e., the principle on conclusiveness of
judgment set forth in Rule 39, Section 47, paragraph (c)
of the Rules of Court, 3 would bar a re-litigation of the
nature of private respondent's appointment. Indeed, once
an issue has been adjudicated in a valid final judgment of
a competent court, it can no longer be controverted anew
and should be finally laid to rest.
Yet, the Court is not precluded from reexamining its own ruling and rectifying errors of
judgment if blind and stubborn adherence to res judicata
would involve the sacrifice of justice to technicality. It
must be stressed that this is not the first time in
Philippine and American jurisprudence that the principle
For Private
For Private
Issues:
Facts:
The Republic of the Philippines (represented by
DPWH) filed an expropriation case against the owners of
the properties affected by the project before the trial
court presided by petitioner Judge Renato A. Fuentes.
DPWH won the expropriation case and as of 19 May
1994, it still owed the lot owners the following amounts:
Reynaldo Lao P489, 000; Tessie Amadeo P1,
094,200; and Alfonso Galo P13, 927,215. On 5 April
1994, the trial court granted Amadeos motion for the
issuance of a writ of execution against the DPWH to
satisfy her unpaid claim. The writ was served by Sheriff
Paralisan to the DPWH-Region IX. On 3 May 1994,
Paralisan issued a Notice of Levy addressed to the
Regional Director describing the properties subject of the
levy. The auction sale pushed through on 18 May 1994
with Alex Bacquial as the highest bidder and the
corresponding certificate of sale was issued by Paralisan.
On 19 May 1994, Bacquial and Paralisan
attempted to withdraw the auctioned properties but were
prevented from doing so by the custodian of the subject
DPWH properties. On 20 May 1994, Bacquial filed an exparte urgent motion for the issuance of a break-through
order to enable him to effect the withdrawal of the
auctioned properties. The motion was granted by
petitioner on the same date. Armed with the court order,
Bacqiual succeeded in hauling off the properties for 5
successive days until the lower court issued another
order temporarily suspending the writ of execution earlier
issued. However, on 21 June 1994, the lower court issued
another order upholding the validity of the writ of
execution.
On the basis of letters from Cong. Manuel Garcia
of the 2nd District of Davao City and the DPWH
custodian, the Court Administrator, Supreme Court
directed petitioner and Paralisan to comment on the
report recommending the filing of an administrative case
against the sheriff and other persons responsible for the
anomalous implementation of the writ of execution. By
virtue of an administrative complaint filed by the DPWH,
Paralisan was dismissed from the service by the Supreme
Court on 23 August 1995. The Court further directed the
Court Administrator to conduct an investigation on
petitioner and to charge him if the investigation so
warrants.
On 15 January 1996, Dir. Antonio Valenzuela of
the Office of the Ombudsman-Mindanao recommended
that petitioner be charged before the Sandiganbayan with
violation of R.A. 3019, Sec. 3(e) and likewise be
administratively charged before the Supreme Court for
acts unbecoming of a judge. On 22 January 1996,
Valenzuela filed with the Office of the Deputy
Ombudsman for Mindanao a criminal complaint charging
For Private
For Private
For Private
the case. The C.A. granted the petition holding that the
judge was a relative by affinity by 3rd degree to the
private respondent and the p.i. he conducted has 2
stages, the p.e. and the p.i. proper. The proceeding now
consists only of one stage. He conducted the requisite
investigation prior to the issuance of warrant of arrest.
Moreover he did not complete it. He only examined the
witness of the complainant. But the prosecution instead
of conducting p.i. of his own forwarded the records to the
Ombudsman (OMB for brevity) for the latter to conduct
the same. The OMB directed the petitioner to submit his
counter affidavit, but he did not comply with it finding the
same superfluous. The graft investigator recommended
the filing of information for murder which the OMB
approved. Petitioner received a copy of the resolution but
prevented seeking reconsideration thereof he filed a
motion to defer issuance of warrant of arrest pending the
determination of probable cause. The Sandiganbayan
denied the motion. This is now a petition for review on
the decision of the Sandiganbayan.
Issues:
(1) Whether or Not the OMB followed the procedure in
conducting preliminary investigation.
(2) Whether or Not petitioner was afforded an
opportunity to be heard and to submit controverting
evidence.
Ruling:
The proper procedure in the conduct of
preliminary investigation was not followed because of the
following reasons. Firstly, the preliminary investigation
was conducted by 3 different investigators, none of whom
completed the preliminary investigation There was not
one continuous proceeding but rather, cases of passing
the buck, the last one being the OMB throwing the buck
to the Sandiganbayan. Secondly, the charge of murder is
a non bailable offense. The gravity of the offense alone
should have merited a deeper and more thorough
preliminary investigation. The OMB did nothing of the sort
but wallowed the resolution of the graft investigator. He
did a worse job than the judge, by actually adopting the
resolution of the graft investigator without doing anything
and threw everything to the Sandiganbayan for
evaluation. Thirdly, a person under preliminary
investigation by the OMB is entitled to a motion for
reconsideration, as maintained by the Rules of Procedure
by the OMB. The filing of the motion for reconsideration is
an integral part of the preliminary investigation proper.
The denial thereof is tantamount to the denial of the right
itself to a preliminary investigation. This fact alone
renders preliminary investigation conducted in this case
incomplete. And lastly, it was patent error for the
Sandiganbayan to have relied purely on the OMBs
certification of probable cause given the prevailing facts
of the case much more so in the face of the latters
flawed report and one side factual findings.
The court cannot accept the Sandiganbayans
assertion of having found probable cause on its own,
considering the OMBs defective report and findings,
which merely rekied on the testimonies of the witnesses
For Private
For Private
2002
PEOPLE OF THE PHILIPPINES vs. BALTAZAR
BONGALON y MATEOS G.R. No. 125025 January 23,
2002
Facts:
On December 8, 1994, Baltazar Bongalon not
being lawfully authorized by law, and by means of motor
vehicle, did then and there willfully, unlawfully and
feloniously sell, deliver and give away to another, one (1)
heat-sealed transparent plastic bag/sachet containing
brown crystalline substance weighing 250.70 grams,
which
was
found
positive
to
the
test
for
Methamphetamine Hydrochloride (shabu), a regulated
drug, in violation of. When arraigned, the accused pled
not guilty.
he
prosecution
presented
the
following
witnesses, to wit: (1) PO3 Noel Castaeto, the poseurbuyer who discussed in details the preceding incidents
prior to the entrapment operation; (2) PO3 Rogelio Galos,
member of the buy-bust operation team who testified the
same; and (3) Police Senior Inspector Julita de Villa, the
forensic chemist who showed his findings of the specimen
confiscated in the position of the accused. The
presentation of PO2 Felipe Metrillo, member of the buybust team, was dispensed with after the prosecution and
the defense had stipulated at the trial that he would
merely corroborate the testimony of PO3 Galos.
For its part, the defense presented the accused
himself, Baltazar Bongalon who denied the allegations
and saying among others that his house was search
without securing any search warrant.
After the trial, the trial court found the accused
guilty as charged. The accused filed a Notice of Appeal.
Thereafter, he filed a Motion for Reconsideration/New Trial
to present additional witnesses that included his 4-year
old son, Mark Anthony. The motion was denied by the
trial court on the ground that the additional witnesses he
offered to present were available during the trial proper
of the case. Subsequently, the accused filed several
motions including a motion to inhibit, but they were all
denied. The trial court ordered the transmittal of the
records of the case to this Court for automatic review.
In the meantime, the accused filed a MOTION
FOR NEW TRIAL with this Court. Pursuant to its
directive, the Office of the Solicitor General filed its
Comment. After considering their pleadings, we denied
the motion for new trial for lack of merit. The accuseds
motion for reconsideration was also denied. Finally, the
appellant and the Solicitor General filed their respective
briefs.
Issues:
1. Whether or not the arrest without warrant is a valid
arrest.
2. Whether or not the search conducted by the NARCOM
agents constitutes a valid search even without securing a
search warrant.
Ruling:
Yes, it is a valid arrest. The appellant cannot
assail the validity of his arrest on account of the absence
of a warrant. He was caught in flagrante delicto selling
shabu. There was, therefore, no need for a warrant to
effect his arrest pursuant to Section 5 (a), Rule 113 of
the Revised Rules on Criminal procedure. Said section
provides:
Sec. 5. Arrest, without warrant; when lawfulA
peace officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing, or is
attempting to commit an offense;
xxx
xxx
xxx.
Moreover, the rule is that an accused is estopped
from assailing the legality of his arrest if he failed to
move to quash the information against him before his
arraignment. Any objection involving the arrest or the
procedure in the acquisition by the court of jurisdiction
over the person of an accused must be made before he
enters his plea, otherwise, the objection is deemed
waived. Even in the instances not allowed by law, a
warrantless arrest is not a jurisdictional defect, and
objection thereto is waived where the person arrested
submits to arraignment without objection.
The
subsequent filing of the charges and the issuance of the
corresponding warrant of arrest against a person illegally
detained will cure the defect of that detention.
2. Yes, it is a valid search. The appellant claims
that the search conducted in his house was unlawful. He
also laments that the NARCOM agents robbed him of his
personal properties during the search and they received
money from his relatives after his arrest. This Court
need not tarry on the validity of the said search for the
appellant consented to the search. He admitted that he
voluntarily accompanied the policemen to his house. As
for the charges of robbery and extortion, as in the alleged
unlawful search made in his house, those incidents
transpired after his arrest. Whether true or not, his
liability for the unlawful sale of shabu remains.
THE PEOPLE OF THE PHILIPPINES, vs. ANTHONY
ESCORDIAL G.R. Nos. 138934-35. January 16,
2002
Facts:
On December 27, 1996, the said accused, armed
with a deadly weapon, a knife, with intent of gain and by
means of violence and intimidation on the person, did,
then and there willfully, unlawfully and feloniously take
from Michelle Darunday y Jintula the sums of P3,650.00,
belonging to said offended party and on the occasion
thereof have carnal knowledge with the complainant
Michelle Darunday y Jintula, against her will, and inside
her room wherein she was temporarily residing as a
boarder. When arraigned on February 25, 1997, accusedappellant pleaded not guilty to the charges, whereupon
the two cases were jointly tried.
For Private
(a)
When, in his presence, the person to
be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b)
When an offense has just been
committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and
(c)
When the person to be arrested is a
prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while
being transferred from one confinement to another.
The cases at bar do not fall under paragraphs
(a) or (c) of the aforequoted rule. At the time of his
arrest, accused-appellant was watching a game in a
basketball court in Barangay Miranda, Pontevedra, Negros
Occidental. He was not committing or attempting to
commit a crime when he was arrested by the police on
that day. Nor was he an escaped prisoner whose arrest
could be effected even without a warrant.
The question is whether these cases fall under
paragraph (b) because the police officers had personal
knowledge of facts and circumstances that would lead
them to believe that accused-appellant had just
committed a crime. The phrase personal knowledge in
paragraph (b) has been defined in this wise:
Personal knowledge of facts in arrests without a
warrant under Section 5(b) of Rule 113 must be based
upon probable cause which means an actual belief or
reasonable grounds of suspicion. The grounds of
suspicion are reasonable when, in the absence of actual
belief of the arresting officers, the suspicion that the
person to be arrested is probably guilty of committing the
offense is based on actual facts, i.e., supported by
circumstances sufficiently strong in themselves to create
the probable cause of guilt of the person to be arrested.
A reasonable suspicion therefore must be founded on
probable cause, coupled with good faith on the part of
the peace officer making the arrest.
In these cases, the crime took place on
December 27, 1996. But, accused-appellant was arrested
only on January 3, 1997, a week after the occurrence of
the crime. As the arresting officers were not present
when the crime was committed, they could not have
personal knowledge of the facts and circumstances of
the commission of the crime so as to be justified in the
belief that accused-appellant was guilty of the crime. The
arresting officers had no reason for not securing a
warrant.
However, the records show that accusedappellant pleaded not guilty to the crimes charged
against him during his arraignment on February 25, 1997
without questioning his warrantless arrest. He thus
waived objection to the legality of his arrest. As this
Court has held in another case:
The accused waived objections based on the
alleged irregularity of their arrest, considering that they
pleaded not guilty to the charges against them and
participated in the trial. Any defect in their arrest must
be deemed cured when they voluntarily submitted to the
jurisdiction of the court. For the legality of an arrest
affects only the jurisdiction of the court over the person
of the accused. Consequently, if objections based on this
ground are waived, the fact that the arrest was illegal is
not a sufficient cause for setting aside an otherwise valid
For Private
For Private
are
to
be
Ruling:
For Private
Ruling:
The Ombudsman has the power to investigate
any malfeasance, misfeasance and non-feasance by a
public officer or employee of the government, or of any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations. Neither
the Constitution nor the Ombudsman Act of 1989,
however, defines who public officers are. A definition of
public officers cited in jurisprudence 13 is that provided
by Mechem, a recognized authority on the subject: a
public office is the right, authority and duty, created and
conferred by law, by which, for a given period, either
fixed by law or enduring at the pleasure of the creating
power, an individual is invested with some portion of the
sovereign functions of the government, to be exercised
by him for the benefit of the public. The individual so
invested is a public officer.
The characteristics of a public office, according
to Mechem, include the delegation of sovereign functions,
its creation by law and not by contract, an oath, salary,
continuance of the position, scope of duties, and the
designation of the position as an office.
We hold that the NCC performs executive
functions. The executive power "is generally defined
as the power to enforce and administer the laws. It is the
power
of
carrying
the
laws
into
practical
operation and enforcing their due observance." The
executive
function,
therefore,
concerns
the
implementation of the policies as set forth by law.
The NCC was precisely created to ensure a more
coordinated and synchronized celebration ofthe Philippine
Centennial and wider participation form the government
and non-government or privateorganizatiuons and to
rationalize the relevance of historical links with other
countries and to carrythem into effect.
E.O. No. 128, reconstituting the Committee for
the National Centennial Celebrations in 1998, cited the
"need to strengthen the said Committee to ensure a more
coordinated
andsynchronized
celebrations
of
the
Philippine Centennial and wider participation from the
governmentand
non-government
or
private
organizations." It also referred to the "need to rationalize
the relevanceof historical links with other countries."
There can hardly be any dispute that the
promotion of industrialization and full employment is
afundamental state policy. Clearly, the NCC performs
sovereign functions. It is, therefore, a publicoffice, and
petitioner, as its Chair, is a public officer.
That petitioner allegedly did not receive any
compensation during his tenure is of little consequence. A
salary is a usual but not a necessary criterion for
determining the nature of the position. It is not
conclusive. The salary is a mere incident and forms no
part of the office. Where a salary or fees is annexed, the
office is provided for it is a naked or honorary office, and
is supposed to be accepted merely for the public good.
For Private
Issues:
Whether or not the "direct state utilization scheme"
espoused in MO 97-03 divested
petitioner of its vested right to the gold rush area
under its EP No. 133.
Ruling:
No. MO 97-03 did not conclusively adopt "direct
state utilization" as a policy in resolving the Diwalwal
dispute.The terms of the memorandum clearly indicate
that what wasdirected thereunder was merely a study of
this
option
and
nothing
else.Contrary
to
petitioner'scontention,
it
did
not
grant
any
management/operating or profit-sharing agreement to
small-scaleminers or to any party, for that matter, but
simply
instructed
the
DENR
officials
concerned
toundertake studies to determine its feasibility.
As to the alleged "vested rights" claimed by
petitioner, it is well to note that the same isinvariably
based on EP No. 133, whose validity is still being disputed
in the Consolidated Minescases.A reading of the appealed
MAB decision reveals that the continued efficacy of EP
No. 133 is one of the issues raised in said cases, with
respondents therein asserting that Marcoppercannot
legally assign the permit which purportedly had
expired.In other words, whether or notpetitioner actually
has a vested right over Diwalwal under EP No. 133 is still
an indefinite andunsettled matter.And until a positive
pronouncement is made by the appellate court in
theConsolidated Mines cases, EP No. 133 cannot be
deemed as a source of any conclusive rightsthat can be
impaired by the issuance of MO 97-03.
It must likewise be pointed out that under no
circumstances may petitioner's rights underEP No. 133 be
regarded as total and absolute.As correctly held by the
Court of Appeals EP No.133 merely evidences a privilege
granted by the State, which may be amended, modified
orrescinded when the national interest so requires.This is
necessarily so since the exploration,development and
utilization of the country's natural mineral resources are
matters impressed withgreat public interest.Like timber
permits, mining exploration permits do not vest in the
granteeany permanent or irrevocable right within the
purview of the non-impairment of contract and
dueprocess clauses of the Constitution, since the State,
under its all-encompassing police power,may alter, modify
or amend the same, in accordance with the demands of
the general welfare.
Additionally, there can be no valid opposition
raised against a mere study of analternative which the
State, through the DENR, is authorized to undertake in
the first place. Worthnoting is Article XII, Section 2, of
the 1987 Constitution and Section 4, Chapter II of the
PhilippineMining Act of 1995.
Thus, the State may pursue the constitutional
policy of full control and supervision of theexploration,
development and utilization of the country's natural
mineral resources, by eitherdirectly undertaking the same
For Private
For Private
Issues:
(1) Whether or not Juanitos extrajudicial confession
before the barangay captain was
admissible.
Issues:
Ruling:
confession
Ruling:
1) YES.As to his confession with the Baragay
Captain Ceniza, it has been held that the constitutional
provision on custodial investigation does not apply to a
spontaneous
statement,
note
solicited
through
questioning by the authorities but given in an ordinary
manner whereby the suspect orally admits having
committed the crime.Neither can it apply to admissions
or confessions made by a suspect in the commission of a
crime before he is placed under investigation.What the
Constitution bars is the compulsory disclosure of
incriminating facts or confessions. In the instant case,
Juanito voluntarily narrated to Ceniza that he raped
GENELYN and thereafter threw her body into the ravine.
This narration was a spontaneous answer, freely and
voluntarily given in an ordinary manner. It was given
before he was arrested or placed undercustody for
investigation in connection with the commission of the
offense. Moreover, Juanito did not offer any evidence of
improper or ulterior motive on the part of Ceniza, which
could havecompelled her to testify falsely against him.
(2) NO.However, there is merit in Juanitos claim
that his constitutional rights during custodial investigation
were violated by Judge Dicon when the latter propounded
to himincriminating questions without informing him of
his constitutional rights. It is settled that at themoment
the accused voluntarily surrenders to, or is arrested by,
the police officers, the custodialinvestigation is deemed to
have started. So, he could not thenceforth be asked
about hiscomplicity in the offense without the assistance
of counsel. Judge Dicon's claim that no complainthas yet
been filed and that neither was he conducting a
preliminary investigation deserves scantconsideration.
The fact remains that at that time Juanito was already
under the custody of thepolice authorities, who had
already taken the statement of the witnesses who were
then beforeJudge Dicon for the administration of their
oaths on their statements.
PEOPLE OF THE PHILIPPINES vs. MONTERON
[G.R. No. 130709, March 6, 2002]
Facts:
For Private
For Private
Ruling:
NO. It is well settled that the appellate
jurisdiction of the Supreme Court over decisions or final
orders of the Sandiganbayan is limited to questions of
law. A question of law exists when the doubt or
controversy concerns the correct application of law or
jurisprudence to a certain setof facts; or when the issue
does not call for an examination of the probative value of
the evidencepresented, the truth or falsehood of facts
being admitted. A question of fact exists when the
doubtor difference arises as to the truth or falsehood of
facts or when the query invites calibration of thewhole
evidence considering mainly the credibility of the
witnesses, the existence and relevancy ofspecific
surrounding circumstances as well as their relation to
each other and to the whole, andthe probability of the
situation.
The Supreme Court is not a trier of facts. It is
not the Court's function to examine and weigh all over
again the evidence presented in the proceedings below.
Facts:
For Private
For Private
For Private
For Private
For Private
For Private
For Private
TCT No.
2-D-1-A- T-212616
2
Total Area
29.583
m.
Affected Area
sq. 1,186 sq. m.
2-D-1-B- T-212617
2,902 sq. m. 1,035 sq. m.
1
respondents property in Site II reasonable, petitioner, in
its comment on the Report of the Appraisers found the
estimate for Site I excessive, stating that:
1) the provincial Appraisal Committee in a joint
Appraisal Report dated January 14, 1993 recommended
the market value of Ker and Companys property at
P1,000.00 per square meter;
2) the highest valuation of lots within the JP
Laurel-Buhangin area adjudicated by the RTC, Davao City
in a decision rendered on December 23, 1993 is at
P4,000.00 per sq. meter; and,
3) the appraisers did not take into account that
the areas in the proceedings are being expropriated for
use in a government project vested with public interest.
On September 27, 1996, the RTC rendered a
decision declaring plaintiff to have a lawful right to
acquire possession of and title to tne two lots ordering to
pay just and fair compensation.
The appellate court affirmed the decision of the
lower court in toto, ruling that just compensation cannot
be measured by the assessed value of the property as
stated in the tax declaration and schedule of market
values approved by the Provincial Appraisal Committee
and that for the purpose of appraisal, the fair market
value of the property is taken into account and such
value refers to the highest price in terms of money which
a property will bring if exposed for sale in the public
market.
Facts:
Issues:
Before
us
is
a
petition
for
review
on certiorari under Rule 45 of the Rules of Court filed by
petitioner Republic of the Philippines, represented by the
Department of Public Works and Highways, assailing the
decision rendered by the Court of Appeals in CA G.R. CV
No. 54256 entitled, "Republic of the Philippines v. Ker and
Company Limited." The decision in question affirmed the
trial court in ordering petitioner to pay herein respondent
Ker Company Limited the sum of Six Thousand Pesos
(P6,000.00) per square meter as just compensation for
the 1,186 square meter lot (Site I) which was
expropriated by the government.
Petitioner filed before the Regional Trial Court
(RTC) of Davao City a petition for expropriation of
portions of two (2) parcels of land owned by respondent
described as follows:
Petitioner needed the parcels of land for the
widening of the road component of J.P. Laurel-Buhangin
Interchange in Davao City. The provisional value of the
properties sought to be expropriated was fixed at the
aggregate sum of Two Million Two Hundred Twenty One
Thousand Pesos (P2,221,000.00) or One Thousand Pesos
(P1,000.00) per square meter. Respondent claimed that
Site II
For Private
Issues:
Whether or not the petition of Regalado Samartino is with
merits.
Facts:
Ruling:
The petition is impressed with merit.
In actions in personam, summons on the
defendant must be served by handing a copy thereof to
the defendant in person, or, if he refuses to receive it, by
tendering it to him. If efforts to serve the summons
personally to defendant is impossible, service may be
effected by leaving copies of the summons at the
defendants dwelling house or residence with some
For Private
For Private
For Private
For Private
For Private
Assignment of Errors
In his Brief, appellant faults the court a quo for
the following alleged errors:10
"FIRST ASSIGNMENT OF ERROR
The trial court erred in relying merely on the
weight and sufficiency of the circumstantial evidence
adduced by the prosecution and the admissibility of the
extra-judicial confession of the accused contained in his
Sworn Statement made before the police authorities of
Malolos, Bulacan.
Issue/s:
Facts:
This is a consolidated resolution of two motions
for reconsideration filed by the accused in the decision by
the Supreme Court to affirm judgment rendered by the
RTC of Baguio City. In the said decision, the accused were
found to be guilty of rape and acts of lasciviousness.
The accused contented, among others, that the
1st division has no jurisdiction over all criminal cases in
which the penalty imposed is reclusion perpetua or
higher, as it is Supreme Court en banc shall take
cognizance of the case.
Issue/s:
Whether or not the accused are correct in pointing out
that it should be en banc that should take the case.
Ruling:
The Supreme Court held that the contention is
misleading. Under Article VIII, Section 4 (1) of the
Constitution, the Supreme Court may sit en banc or, in its
discretion, in divisions of three, five, or seven Members.
At present, it is made up of three divisions. However, the
divisions of the Supreme Court are not to be considered
as separate and distinct courts. Actions considered in any
of these divisions and decisions rendered therein are, in
effect, by the same Tribunal. The divisions are not to be
considered as separate and distinct courts, but as
divisions of one and the same court.
The Motions for Reconsideration filed by
accused-appellants Bryan Ferdinand Dy and Giovan
Bernardino are DENIED WITH FINALITY.
People vs. Libnao GR No. 136860 (395 SCRA 407)
Facts:
In November 19, 1988, the RTC Branch 65 of
Tarlac City convicted the accused for violation of Article
II, Section 4 of R.A. No. 6425 (Dangerous Drug Act of
1972) and was sentenced to suffer an imprisonment of
reclusion perpetua and to pay two million pesos in fine.
The accused were arrested in a tricycle flagged
down by an officer. Basing on the intelligence report from
surveillance conducted, two drug pushers will be making
a delivery of dangerous drugs riding in a tricycle. They
were brought to Kabayan Center where they were asked
on the ownership and content of the black bag they were
For Private
For Private
Issue/s:
Issue/s:
For Private
said truck was in custodia legis; and (2) for ordering her
arrest solely on the basis of the purported affidavits of
witnesses. These affidavits turned out to be nonexisting, as indicated by a Certification by the Clerk of
Court.
Issue/s:
Whether or not the respondent judge is guilty as
charged for issuing the warrant of arrest basing on
non-existing affidavits.
Ruling:
Respondent judge also gravely erred in ordering
the arrest of complainant based on non-existing
witnesses. In his order, he ruled that probable cause was
established on the basis of witnesses affidavits allegedly
submitted together with the Complaint.
However, a
Certification issued by Clerk of Court attested to the fact
that there were no affidavits of the witnesses in a
separate case against petitioner.
The assumption of office by respondent judge
placed upon him duties and restrictions peculiar to his
exalted position. While the determination of probable
cause that would warrant the arrest of a person is subject
to judicial discretion, he should not have carelessly used
or abused such discretion. Also, while the lone affidavit
of a complainant might have been sufficient to determine
probable cause, respondent should have nevertheless
clearly indicated such fact in his Order of Arrest. Instead,
he made it appear that Atty. Serra had submitted the
affidavits of the latters witnesses along with the
Complaint. Further, respondent pretended that he had
personally examined these Affidavits to show that he had
ample basis to order Danaos arrest. As a member of the
judiciary, he must be beyond suspicion. He must be
perceived, not as a repository of arbitrary power, but as
one who dispenses justice under the sanction of the rule
of law.
Issuing a patently erroneous order and undue
delay in rendering a ruling constitute serious and less
serious charges under Sections 8 and 9, respectively,
Rule 140 of the Rules of Court.
Thus, Supreme Court fined the respondent judge
and warned that a repetition of the same or similar acts
shall be dealt with more severely in the future.
For Private
For Private
2.
Ruling:
Yes, the NBI agent who applied the issuance of
the search warrants has personal knowledge of the facts
on which the warrants were based. In the case at bar,
NBI Agent Timoteo Rejano who applied for the issuance
of Search Warrant Nos. 56-93 and 57-93, had personal
knowledge ofthe circumstances on which the warrants
were based. Admittedly, Rejanos knowledge of petitioners
illegal possession of firearms and prohibited drugs came
from a confidential informant, and therefore, initially
hearsay. Nevertheless, the surveillance and investigation
he conducted on the basis of said confidential information
enabled him to gain personal knowledge of the illegal
activities of petitioner. Hence, his testimony was sufficient
justification for the examining judge to conclude that
there was probable cause for the issuance of a search
warrant.
Yes, the subject warrants are able to
particularly describe the place to be searched. It is clear
that the workshop room where the packs of shabu were
found is actually an integral part of petitioners residence.
Hence, it cannot be argued that there are two houses in
the address stated in the warrants and that the same
failed to particularly describe the place to be searched.
The rule is that a description of the place to be searched
is sufficient if the officer with the warrant can, with
reasonable effort, ascertain and identify the place
For Private
For Private
Ruling:
hearing
Section
require
warrant
For Private
For Private
2.
3.
Ruling:
was
For Private
For Private
Issues:
Whether the voluntarily surrender by Formentos wife of
the bag that contained the bloodstained trousers of the
victim constitutes a valid consent to the search without a
warrant on the part of Formento.
Ruling:
NO, the voluntarily surrender by Formentos wife
of the bag that contained the bloodstained trousers of the
victim does not constitute a valid consent to the search
without a warrant on the part of Formento. Primarily, the
constitutional right against unreasonable searches and
seizures, being a personal one, cannot be waived by
anyone except the person whose rights are invaded or
who is expressly authorized to do so on his or her behalf.
In the present case, the testimonies of the prosecution
witnesses show that at the time the bloodstained pair of
shorts was recovered, Formento, together with his wife
and mother, was present. Being the very subject of the
search, necessarily, he himself should have given
consent. Since he was physically present, the waiver
could not have come from any other person. Lopez vs.
Commissioner of Customs does not apply as the accused
therein was not present when the search was made.
Further, to constitute a valid waiver, it must be shown
that first, the right exists; second, the person involved
had knowledge, actual or constructive, of the existence of
such a right; and third, the person had an actual
intention to relinquish the right. Herein, Formento could
not have consented to a warrantless search when, in the
first place, he did not understand what was happening at
that moment. There was no interpreter to assist him a
deaf-mute during the arrest, search and seizure. The
point in the case Pasion vda. de Garcia v. Locsin, i.e. as
the constitutional guaranty is not dependent upon any
affirmative act of the citizen, the courts do not place the
citizen in the position of either contesting an officers
authority by force, or waiving his constitutional rights;
but instead they hold that a peaceful submission to a
search or seizure is not a consent or an invitation thereto,
but is merely a demonstration of regard for the
supremacy of the law, becomes even more pronounced
in the present case, in which Formento is a deaf-mute,
and there was no interpreter to explain to him what was
happening. His seeming acquiescence to the search
without a warrant may be attributed to plain and simple
confusion and ignorance. The bloodstained pair of shorts
was a piece of evidence seized on the occasion of an
unlawful search and seizure. Thus, it is tainted and
should thus be excluded for being the proverbial fruit of
the poisonous tree. In the language of the fundamental
law, it shall be inadmissible in evidence for any purpose
in any proceeding. Lastly, as to evidence vis-a-is the case
in its totality, circumstantial evidence that merely arouses
suspicions or gives room for conjecture is not sufficient to
convict. It must do more than just raise the possibility, or
even the probability, of guilt. It must engender moral
certainty. Otherwise, the constitutional presumption of
innocence prevails, and the accused deserves acquittal.
For Private
1.
2.
3.
Ruling:
No, the arrest was unlawful. The police officers
version of the arrest is incredible. Supreme Court finds it
hard to believe that anyone would jump from the roof of
a two-story house to escape and, after landing on the
ground without any broken bones, make a complete
turnaround and just meekly surrender without further
ado. Even if this story were true, jumping from a roof is
not a crime that would justify the warrantless arrest of
appellant. It is undisputed that when the CIS team went
to the Vallejo residence on the evening of September 10,
1996, it had no warrant of arrest against appellant. Yet,
they arrested him. Under the Rules, peace officers may,
without a warrant, arrest a person under any of these
circumstances: (a) when, in their presence, the person to
be arrested has committed, is actually committing, or is
attempting to commit, an offense; (b) when an offense
has just been committed, and they have probable cause
to believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has
committed it; and (c) when the person to be arrested is a
prisoner who has escaped while being transferred from
one confinement to another, or from a penal
establishment where he or she is serving final judgment
or is temporarily confined while the case is pending. None
of these circumstances was present when members of
the Criminal Investigation Group (CIG) arrested
appellant.
He was not a prisoner.
The killing of
Dedicacion and John Ardee Balisi was not done in the
presence of the arresting officers. Since it took place on
For Private
Issues:
1.Whether the present composition of the House
Electoral Tribunal violates the constitutional
requirement of proportional representation
because there are no party-list representatives
in the HRET.
2.Whether the refusal of the HRET and the CA to
reconstitute themselves to include party-list
representatives constitutes grave abuse of
discretion.
Ruling:
1. NO. The Constitution expressly grants to the
House of Representatives the prerogative, within
constitutionally defined limits, to choose from among its
district and party-list representatives those who may
occupy the seats allotted to the House in the HRET and
the CA. Section 18, Article VI of the Constitution explicitly
confers on the Senate and on the House the authority to
elect among their members those who would fill the 12
seats for Senators and 12 seats for House members in
the Commission on Appointments. Under Section 17,
Article VI of the Constitution, each chamber of Congress
exercises the power to choose, within constitutionally
defined limits, who among their members would occupy
the allotted 6 seats of each chambers respective
electoral tribunal. These constitutional provisions are
reiterated in Rules 3 and 4 (a) of the 1998 Rules of the
House of Representatives Electoral Tribunal. The
discretion of the House to choose its members to the
HRET and the CA is not absolute, being subject to the
mandatory
constitutional
rule
on
proportional
representation.[26] However, under the doctrine of
separation of powers, the Court may not interfere with
the exercise by the House of this constitutionally
mandated duty, absent a clear violation of the
Constitution or grave abuse of discretion amounting to
lack or excess of jurisdiction.[27] Otherwise, the doctrine
of separation of powers calls for each branch of
government to be left alone to discharge its duties as it
sees fit.[28] Neither can the Court speculate on what
action the House may take if party-list representatives
are duly nominated for membership in the HRET and the
CA. The petitions are bereft of any allegation that
respondents prevented the party-list groups in the House
from participating in the election of members of the HRET
and the CA. Neither does it appear that after the 11 May
1998 elections, the House barred the party-list
representatives from seeking membership in the HRET or
the CA. Rather, it appears from the available facts that
the party-list groups in the House at that time simply
refrained from participating in the election process. The
party-list representatives did not designate their
nominees even up to the time they filed the petitions,
with the predictable result that the House did not
consider any party-list representative for election to the
HRET or the CA. As the primary recourse of the party-list
representatives lies with the House of Representatives,
the Court cannot resolve the issues presented by
petitioners at this time.
For Private
For Private
For Private
Ruling:
Yes, the Court of Appeals nullification of trial
courts order dismissing the case is repugnant to the right
against double jeopardy of the petitioner.
Under Rule 119, Section 23 of the Revised Rules
of Criminal Procedure, as amended, the trial court may
dismiss the action on the ground of insufficiency of
evidence upon a demurrer to evidence filed by the
accused with or without leave of court. In resolving
accuseds demurrer to evidence, the court is merely
required to ascertain whether there is competent or
sufficient evidence to sustain the indictment or support a
verdict of guilt.
The grant or denial of a demurrer to evidence is
left to the sound discretion of the trial court and its ruling
on the matter shall not be disturbed in the absence of a
grave abuse of discretion. Significantly, once the court
grants the demurrer, such order amounts to an acquittal
and any further prosecution of the accused would violate
the constitutional proscription on double jeopardy. This
constitutes an exception to the rule that the dismissal of
a criminal case made with the express consent of the
accused or upon his own motion bars a plea of double
jeopardy. The finality-of-acquittal rule was stressed thus
in People v. Velasco:
The fundamental philosophy highlighting the
finality of an acquittal by the trial court cuts deep into the
humanity of the laws and in jealous watchfulness over
the rights of the citizens, when brought in unequal
contest with the State xxx.
Given the far-reaching scope of an accuseds
right against double jeopardy, even an appeal based on
an alleged misappreciation of evidence will not lie. The
only instance when double jeopardy will not attach is
when the trial court acted with grave abuse of discretion
amounting to lack or excess of jurisdiction, such as where
the prosecution was denied the opportunity to present its
case, or where the trial was a sham.
For Private
2003
Bagaoisan vs Nat'l Tobacco Administration (2003)
Facts:
1. The petitioner was terminated from there
position in the national tobacco administration as a result
of the executive order issued by president Estrada which
mandates for the stream lining of the national tobacco
administration, a government agency under the
department
of
agriculture.
2. The petitioners filed a letter of appeal to the
civil service commission to recall the Organization
Structure and Staffing Pattern (OSSP)
3. Petitioner all file a petition for certiorari with
prohibition an mandamus with prayer for preliminary
mandatory injunction and a temporary restraining
order with the regional trial court of Batak to prevent the
respondent from enforcing the notice of termination and
from ousting the petitioners in their respective offices.
4. The regional trial court issued an order
ordering the national tobacco administration to appoint
the petitioner to the OSSP to position similar to the one
that
they
hold
before.
5. The national tobacco administration appealed
to the court of appeals who reversed the decision of the
RTC.
6.
Petitioner
appealed
to
the
Supreme
Court.
Issues:
Whether or not, the reorganization of the national
tobacco administration is valid true issuance of
executive
order
by
the
president.
Ruling:
According to the supreme court, the President
has the power to reorganized an office to achieve
simplicity ,economy and efficiency as provided under EO
292 sec. 31 and section 48 of RA 7645 which provides
that activities of executive agencies may be scaled down
if it is no longer essential for the delivery of public
service.
WHEREFORE, the Motion to Admit Petition for En Banc
resolution and the Petition for an En Banc Resolution are
DENIED for lack of merit. Let entry of judgment be made
in due course. No costs.
BAROT VS. COMELEC (2003)
Facts:
In the May 14, 2001 elections Barot was proclaimed
the 10th winning candidate for councilor of Tanjay City,
Negros Oriental. On May 29, 2001 the Chairman of the
Board of Canvassers sent a Memorandum to the
the
the
to
the
For Private
Issues:
W/N stipulations in the amended JVA for the
transfer to AMARI of the lands, reclaimed or to be
reclaimed, violate the Constitution.
Ruling:
The ownership of lands reclaimed from foreshore
and submerged areas is rooted in the Regalian doctrine,
which holds that the State owns all lands and waters of
the
public
domain.
The 1987 Constitution recognizes the Regalian doctrine.
It declares that all natural resources are owned by
the State and except for alienable agricultural lands
of the public domain, natural resources cannot be
alienated.
The Amended JVA covers a reclamation area of 750
hectares. Only 157.84 hectares of the 750 hectare
reclamation project have been reclaimed, and the rest of
the area are still submerged areas forming part of Manila
Bay. Further, it is provided that AMARI will
reimburse the actual costs in reclaiming the areas of
land and it will shoulder the other reclamation costs to be
incurred.
The foreshore and submerged areas of Manila Bay are
part of the lands of the public domain, waters and
other natural resources and consequently owned by
the State. As such, foreshore and submerged areas shall
not be alienable unless they are classified as
agricultural lands of the public domain. The mere
reclamation of these areas by the PEA doesnt convert
these inalienable natural resources of the State into
alienable and disposable lands of the public domain.
There
must
be
a
law
or
presidential
proclamation officially classifying these reclaimed
lands as alienable and disposable if the law has
reserved them for some public or quasi-public use.
Constantino-David vs. Pangandaman-Gania
156039, 14 August 2003)
(GR
Facts:
Zenaida D. Pangandaman-Gania is a Director II
and Manila Information and Liaisoning Officer of the
Mindanao State University (MSU). She has been holding
this position after the confirmation of her appointment by
the MSU Board of Regents on 1 June 1995. On 2 October
1998 Gania received a copy of Special Order 477-P dated
28 September 1998 designating a certain Agnes
Mangondato as Acting Director in her place in view of the
alleged expiration of her term and was no longer allowed
to report for work. She verified the status of her
appointment and found out that her appointment was not
submitted to the Civil Service Commission for attestation.
Gania immediately brought the matter to the CSC for a
ruling on the validity of the termination of her
employment. In Resolution 00-1265 dated 24 May 2000
the CSC upheld her dismissal for lack of attestation and
prolonged absence without official leave from the time
For Private
For Private
For Private
For Private
For Private
For Private
Facts:
The NTC issued Billing Circular 13-6-2000 which
promulgated rules and regulations on the billing of
telecommunications services. Petitioners filed with the
RTC a petition to declare the circular as unconstitutional.
A motion to dismiss was filed by the NTC on the ground
of petitioners to exhaust administrative remedies. The
RTC denied the motion to dismiss but on certiorari, the
CA
reversed
RTC.
Ruling:
1. Administrative bodies had (a) quasi-legislative
or rule-making powers and (b) quasi-judicial or
administrative adjudicatory powers. Quasi-legislative or
For Private
For Private
For Private
2004
REPUBLIC OF THE PHILIPPINES vs. CHULE Y. LIM,
G.R. No. 153883 January 13, 2004
Facts:
This petition for review on certiorari under Rule
45 of the Rules of Court stemmed from a petition for
correction of entries under Rule 108 of the Rules of Court
filed by respondent Chule Y. Lim with the Regional Trial
Court of Lanao del Norte, Branch 4, docketed as Sp. Proc.
No. 4933.
Respondent claimed that she was born on
October 29, 1954 in Buru-an, Iligan City. Her birth was
registered in Kauswagan, Lanao del Norte but the
Municipal Civil Registrar of Kauswagan transferred her
record of birth to Iligan City. She alleged that both her
Kauswagan and Iligan City records of birth have four
erroneous entries, and prays that they be corrected.
First, she claims that her surname "Yu" was
misspelled as "Yo". She has been using "Yu" in all her
school records and in her marriage certificate. She
presented a clearance from the National Bureau of
Investigation (NBI)3 to further show the consistency in
her use of the surname "Yu".Second, she claims that her
fathers name in her birth record was written as "Yo Diu
To (Co Tian)" when it should have been "Yu Dio To (Co
Tian)."Third, her nationality was entered as Chinese when
it should have been Filipino considering that her father
and mother never got married. Only her deceased father
was Chinese, while her mother is Filipina. She claims that
her being a registered voter attests to the fact that she is
a Filipino citizen.
The trial court granted respondents petition.
The Republic of the Philippines appealed the decision to
the Court of Appeals which affirmed the trial courts
decision.
Issue/s:
1.) Whether or not the Court of Appeals erred in
ordering the correction of the citizenship of
respondent from Chinese to Filipino despite
the fact that respondent never demonstrated
any compliance with the legal requirements for
election of citizenship.
2.) Whether or not the Court of Appeals erred in
allowing respondent to continue using her
fathers surname despite its finding that
respondent is an illegitimate child.
Ruling:
It cites Article IV, Section 1(3) of the 1935
Constitution, which provides that the citizenship of a
legitimate child born of a Filipino mother and an alien
father followed the citizenship of the father, unless, upon
reaching the age of majority, the child elected Philippine
citizenship. Likewise, the Republic invokes the provision
in Section 1 of Commonwealth Act No. 625, that
legitimate children born of Filipino mothers may elect
For Private
Issue/s:
Facts:
In a complaint-affidavit dated February 7, 2002,
Judge Juanillo M. Pullos, former presiding judge of the
Municipal Circuit Trial Court of San Francisco, Surigao del
Norte, stands charged by complainant Dorcas G. Petallar
of violating Canon 1, Rule 1.02 and Canon 3, Rule 3.05 of
the Code of Judicial Conduct; as well as Rule 140, Section
4 and Rule 70, Sections 10 and 11 of the Rules of Court;
for undue delay in rendering a decision in Case No. 137
for Forcible Entry.
For his part, respondent judge in his comment,
by way of 2nd Indorsement dated August 6, 2002, stated
that he handed down his decision in Case No. 137 on
June 2, 2002. He pointed out that said decision is, in fact,
the subject of an appeal. Respondent submitted that the
charges against him had become moot.
The Office of the Court Administrator observed
that said decision was rendered out of time, in breach of
Rule 70, Section 11 of the Rules of Court, which
mandates that judgment must be rendered within thirty
(30) days after receipt of the affidavits and position
papers or the expiration of the period for filing the same.
On March 30, 2003, respondent retired from the
judiciary
Issue/s:
Whether or not respondent violated Rule 70, Sec. 11 of
the Rules of Court for undue delay in rendering
judgment.
Ruling:
Respondent indeed violated Rule 70, Section 11
of the Rules of Court for undue delay in rendering
judgment. The records show that the parties in Special
Civil Action Case No. 137 had filed their respective
position papers as early as February 2, 2000. Thus,
respondent had until March 4, 2000 to render judgment.
Had there been circumstances which prevented him from
handing down his decision within the prescribed period,
For Private
Issue/s:
1.
2.
Facts:
The petitioner is a domestic corporation engaged
in garments manufacturing using the brand name
"KAMISETA." On May 6, 1994, the petitioner employed
private respondent Lorie Torno as trimmer. Sometime
thereafter, the petitioner started to receive information
from the head of its production department that,
according to other employees, Buan and the private
respondent had been stealing "KAMISETA" items from the
factory. The petitioner had the witnesses interviewed.
Susan Paligamba and Loly dela Cruz, co-employees of
Buan and the private respondent, executed unverified
statements implicating the latter. During the said
inspection, the representatives found the following items:
KAMISETA fabrics (approx. 1 yds), 2 pcs. shirts made
out of KAMISETA excess cuttings, NAUTICAL SHOP wall
paper.
The private respondent failed to appear during
the scheduled hearing. Consequently, the petitioner
decided to dismiss the private respondent from her
employment. When notified of the petitioners decision,
the private respondent filed a complaint for illegal
dismissal with prayer for reinstatement and payment of
backwages, non-payment of service incentive leave pay
and 13th-month pay against the petitioner before the
National Capital Regional Arbitration Branch of the
National Labor Relations Commission (NLRC). The
petitioner filed a motion for the labor arbiter to conduct a
formal investigation on its claim. Acting on the motion,
LA Tumanong granted the same and set the case for
hearing. In the meantime, LA Tumanong was replaced by
Labor Arbiter Ermita Abrasaldo-Cuyuca (LA Cuyuca for
brevity) who issued an order declaring that the case was
submitted
for
decision.
The
petitioner
filed
a
manifestation and motion informing LA Cuyuca that a
formal hearing had been set by LA Tumanong and
requested that the case be set for hearing anew.
Ruling:
The petition is barren of merit. Petitioner did not
have a vested right to a formal hearing simply and
merely because Labor Arbiter Tumanong granted its
motion and set the case for hearing. Pursuant to Section
5, Rule V of the New Rules of Procedure of the NLRC,the
labor arbiter has the authority to determine whether or
not there is a necessity to conduct formal hearings in
cases brought before him for adjudication. The holding of
a formal hearing or trial is discretionary with the labor
arbiter and is something that the parties cannot demand
as a matter of right. It is entirely within his authority to
decide a labor case before him, based on the position
papers and supporting documents of the parties, without
a trial or formal hearing. The requirements of due
process are satisfied when the parties are given the
opportunity to submit position papers wherein they are
supposed to attach all the documents that would prove
their claim in case it be decided that no hearing should be
conducted or was necessary.
Similarly, we affirm the finding of the CA that
the private respondent was illegally dismissed. In order
to effect a valid dismissal, the law requires that (a) there
be just and valid cause as provided under Article 282 of
the Labor Code; and (b) the employee be afforded an
opportunity to be heard and to defend himself.
As stated by the CA, the petitioner had failed to
show that it had complied with the two-notice
For Private
For Private
2.
Ruling:
The special civil action for certiorari is intended
for the correction of errors of jurisdiction only or grave
abuse of discretion amounting to lack or excess of
jurisdiction. As observed in Land Bank of the Philippines
v. Court of Appeals, et al. "the special civil action for
certiorari is a remedy designed for the correction of
errors of jurisdiction and not errors of judgment. The
raison detre for the rule is when a court exercises its
jurisdiction, an error committed while so engaged does
not deprive it of the jurisdiction being exercised when the
error is committed.
While petitioner in the case at bar ostensibly
alleges grave abuse of discretion amounting to lack or
excess of jurisdiction, the discussions therein however
ascribe to the Court of Appeals errors of judgment, not
errors of jurisdiction. Specifically, petitioner delves on,
among others, the testimonies relative to the positions of
the victim vis--vis the accused, and the opinions of the
expert witnesses in respect to certain physical evidence.
Obviously, these are errors that goes deeply into the
appellate courts appreciation and assessment of the
evidence proffered by the parties. On this score alone,
the dismissal of the instant petition is called for.
For Private
For Private
Ruling:
We reverse the trial court's decision. The
prosecution failed to establish the guilt of appellant
beyond reasonable doubt. In a prosecution for illegal
possession of dangerous drugs, the following facts must
be proven with moral certainty: (1) that the accused is in
possession of the object identified as a prohibited or
regulated drug; (2) that such possession is not
authorized by law; and (3) that the accused freely and
consciously possessed the said drug.
We cannot countenance the irregularity of the
search warrant. The authorities did not have personal
knowledge of the circumstances surrounding the search.
They did not conduct surveillance before obtaining the
warrant. It was only when they implemented the warrant
that they coordinated with the barangay officials. One of
the barangay officials informed SPO3 De Leon that Ising
Gutierrez Diwa and Priscilla Del Norte are one and the
same person, but said barangay official was not
presented in court. The authorities based their knowledge
on pure hearsay.
On the merits, we believe the prosecution failed
to discharge its burden of proving appellant's guilt
beyond reasonable doubt. The prosecution's witnesses
failed to establish appellant's ownership of the house
where the prohibited drugs were discovered. Except for
their bare testimonies, no other proof was presented
The prosecution likewise failed to prove that
appellant was in actual possession of the prohibited
articles at the time of her arrest. In fact, it seems that
the authorities had difficulty looking for the drugs which
were not in plain view. In all criminal cases, it is
appellant's constitutional right to be presumed innocent
until the contrary is proved beyond reasonable doubt. In
the case at bar, we hold that the prosecution's evidence
treads on shaky ground.
The decision of Branch 28 of the Regional Trial
Court of Caloocan City is reversed. Appellant is acquitted
based on reasonable doubt.
REV. ELLY CHAVEZ PAMATONG, ESQUIRE vs.
COMMISSION ON ELECTIONS, G.R. No. 161872
April 13, 2004
Facts:
Petitioner Rev. Elly Velez Pamatong filed his
Certificate of Candidacy for President on December 17,
2003. Respondent Commission on Elections (COMELEC)
refused to give due course to petitioners Certificate of
Candidacy in its Resolution No. 6558 dated January 17,
2004.
On January 15, 2004, petitioner moved for
reconsideration of Resolution No. 6558. Petitioners
Motion for Reconsideration was docketed as SPP (MP) No.
04-001. The COMELEC, acting on petitioners Motion for
Reconsideration and on similar motions filed by other
aspirants for national elective positions, denied the same
For Private
For Private
Issue/s:
Whether or not bail would still be required when the
accused was already acquitted.
Ruling:
Before deciding the case, the Court asked for the
complete records of the case from the lower court.
The Court for the first time learned that the
criminal case subject of this case was dismissed as early
as October 15, 1999, when the lower court, acting upon
the accusedsDemurrer to Evidence, issued an Order
acquitting the accused. With the acquittal of the accused,
the instant case which involves the issue of bail for the
provisional liberty of the accused has become moot and
academic. This Court has no alternative but to dismiss
the Petition.
GEORGE VINCOY vs. HON. COURT OF APPEALS and
PEOPLE OF THE PHILIPPINES, G.R. No. 156558
June 14, 2004
Facts:
On or about March 14, 1996, the accused, by
means of deceit defraud Lizah C. Cimafranca and Rolando
Flores, in the following manner, to wit: the said accused
represented that he could mobilize 30 dump trucks and 2
payloaders for use of the complainants subject to the
payment ofP600,000.00 mobilization fund and, believing
this representation to be true, the said complainants paid
and delivered the said amount to the accused at Banco
de Oro Bank, Pasig City Branch, which representation
accused knew well to be false and fraudulent and were
only made to induce the complainants to give and deliver
as in fact they gave and delivered the said amount
of P600,000.00 to the respondent, and accused once in
possession of said amount, misappropriated, misapplied
and converted the same to his own personal use and
benefit, to the damage and prejudice of the
complainants, Lizah C. Cimafranca and Rolando Flores, in
the amount ofP600,000.00.
In May 1996, Lizah Cimafranca filed a complaint
for estafa against petitioner with the Office of the City
Prosecutor of Pasay City. It was, however, dismissed on
the ground that petitioners obligation was purely civil in
nature and for complainants failure to attend the
hearings.4 On October 8, 1996, Lizah Cimafranca, joined
by Rolando Flores, re-filed the complaint charging the
same offense against petitioner with the Office of the City
Prosecutor of Pasig City which filed the corresponding
information in court, root of the present petition.
The trial court sustained the version of the
prosecution. The trial judge found incredible petitioners
averment that he failed to notice that the check in
question was not issued in his name. A judgment of
conviction was rendered on February 23, 2000.
Accused appealed to the Court of Appeals to no
avail. Hence, this petition for review.
For Private
preliminary
Ruling:
The
dismissal
of
a
similar
complaint
for estafa filed by Lizah Cimafranca before the City
Prosecutors Office of Pasay City will not exculpate the
petitioner. The case cannot bar petitioners prosecution. It
is settled that the dismissal of a case during its
preliminary investigation does not constitute double
jeopardy9 since a preliminary investigation is not part of
the trial and is not the occasion for the full and
exhaustive display of the parties evidence but only such
as may engender a well-grounded belief that an offense
has been committed and accused is probably guilty
thereof.10 For this reason, it cannot be considered
equivalent to a judicial pronouncement of acquittal.
Hence, petitioner was properly charged before the Office
of the City Prosecutor of Pasig City which is not bound by
the determination made by the Pasay City Prosecutor
who may have had before him a different or incomplete
set of evidence than that subsequently presented before
the Pasig City Prosecutor.
BENITO ASTORGA vs. PEOPLE OF THE
PHILIPPINES, G.R. No. 154130 August 20, 2004
Facts:
Private offended parties Elpidio Simon, Moises
de la Cruz, Wenefredo Maniscan, Renato Militante and
Crisanto Pelias are members of the Regional Special
Operations Group (RSOG) of the Department of
Environment and Natural Resources, Tacloban City. On
September 1, 1997, they, together with SPO3 Andres B.
Cinco, Jr. and SPO1 Rufo Capoquian of the Philippine
National Police Regional Intelligence Group, were sent to
the Island of Daram, Western Samar to conduct
intelligence operations on possible illegal logging
activities. At around 4:30-5:00 p.m., the team found two
boats measuring 18 meters in length and 5 meters in
breadth being constructed at Barangay Locob-Locob.
There they met petitioner Benito Astorga, the Mayor of
Daram, who turned out to be the owner of the boats. A
heated altercation ensued between petitioner and the
DENR team. Petitioner called for reinforcements and,
moments later, a boat bearing ten armed men, some
wearing fatigues, arrived at the scene. The DENR team
was then brought to petitioners house in Daram, where
they had dinner and drinks. The team left at 2:00 a.m.
Issue/s:
Whether or not there petitioner is entitled to
presumption of innocence when all the elements of
arbitrary detention are not attendant.
Ruling:
The quoted portions of SPO1 Capoquians
testimony negate the element of detention. More
importantly, fear is a state of mind and is necessarily
subjective. Addressed to the mind of the victim, its
presence cannot be tested by any hard-and-fast rule but
must instead be viewed in the light of the perception and
judgment of the victim at the time of the crime. As such,
SPO1 Capoquian and SPO3 Cinco, not being victims, were
not competent to testify on whether or not fear existed in
the minds of the private offended parties herein. It was
thus error for the Sandiganbayan to have relied on their
testimonies in convicting petitioner.
Verily, the circumstances brought out by SPO1
Capoquian created a reasonable doubt as to whether
petitioner detained the DENR Team against their consent.
The events that transpired are, to be sure, capable to two
interpretations. While it may support the proposition that
the private offended parties were taken to petitioners
house and prevented from leaving until 2:00 a.m. the
next morning, it is equally plausible, if not more so, that
petitioner extended his hospitality and served dinner and
drinks to the team at his house. He could have advised
them to stay on the island inasmuch as sea travel was
rendered unsafe by the heavy rains. He ate together with
the private offended parties and even laughed with them
while conversing over dinner. This scenario is inconsistent
with a hostile confrontation between the parties.
Moreover, considering that the Mayor also served
alcoholic drinks, it is not at all unusual that his guests left
the house at 2:00 a.m. the following morning.
In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved. He is
entitled to an acquittal unless his guilt is shown beyond
reasonable doubt. Proof beyond reasonable doubt does
not mean such a degree of proof as, excluding possibility
of error, produces absolute certainty. Moral certainty only
is required, or that degree of proof which produces
conviction in an unprejudiced mind.
As held in several cases, when the guilt of the
accused has not been proven with moral certainty, the
presumption of innocence of the accused must be
sustained and his exoneration be granted as a matter of
right. For the prosecutions evidence must stand or fall on
its own merit and cannot be allowed to draw strength
from the weakness of the evidence for the defense.
Furthermore, where the evidence for the prosecution is
concededly weak, even if the evidence for defense is also
weak, the accused must be duly accorded the benefit of
the doubt in view of the constitutional presumption of
innocence that an accused enjoys. When the
circumstances are capable of two or more inferences, as
in this case, one of which is consistent with the
presumption of innocence while the other is compatible
with guilt, the presumption of innocence must prevail and
the court must acquit. It is better to acquit a guilty man
than to convict an innocent man.
JORDAN P. OKTUBRE vs. JUDGE RAMON P.
VELASCO, Municipal Trial Court, Maasin, Southern
Leyte, A.M. No. MTJ -02-1444 July 22, 2004
Facts:
For Private
For Private
For Private
1.
2.
Ruling:
With regard to the first issue, we are in accord
with the ruling of the CA that not all the elements for
double jeopardy exist in the case at bench. To raise the
defense of double jeopardy, three requisites must be
present: (1) a first jeopardy must have attached prior to
the second; (2) the first jeopardy must have been validly
terminated; and (3) the second jeopardy must be for the
same offense as that in the first.
For Private
1.
2.
Facts:
The Office of the Court Administrator (OCA)
received the sworn Letter-Complaint1 of Ms. Meriam
Balagtas accusing Judge Olegario R. Sarmiento, Jr.,
MTCC, Branch 2, Cebu City, of knowingly rendering an
unjust interlocutory order, gross ignorance of the law and
serious irregularities in the performance of judicial duties
in connection with Criminal Cases Nos. 82863-R and
83186-R, entitled "People of the Philippines versus
Hermann Peith," for violation of B.P. 22.
Balagtas was the private complainant in the
aforementioned criminal cases.
She alleges that accused Hermann Peith filed
an Urgent Ex-Parte Motion to Leave for Abroad which was
granted by the respondent judge on the same day it was
filed without notice to her or the prosecution.
Balagtas then filed a Motion for the Inhibition of
Judge Olegario Sarmiento on grounds of bias and
partiality. She claimed therein that she filed a Motion for
the Issuance of a Hold Departure Order against Peith
which the respondent judge did not act upon. However, in
a move evincing bias in favor of Peith, the respondent
judge granted his Urgent Ex-Parte Motion to Leave for
Abroad.
The respondent judge granted the motion for
inhibition. He remarked that "Herein judge is responsibly
informed that the herein parties have had a special
personal relationship only that accused married another
woman. This Court does not want to be an instrument of
the misgivings, sourgrapings and importunings of
complainant." And that Balagtas "can push through with
her personal agenda of vendetta without unnecessarily
dragging" him into it once Peith sets foot on Philippine
soil.
He further states that he "cannot act as
Berdugo for complainants personal ill motive and selfish
interest."
Balagtas now asserts that the respondent
judges Orders are unjust and amount to gross ignorance
of the law. She also claims that the respondent judge
committed serious irregularities in the performance of his
duties.
The Court referred the complaint to another
Judge for investigation, during its pendency another
Judge took over.
The OCA sustains with modification the findings
and recommendation of the investigating judges. The
Ruling:
On the first issue, the respondent judge
deserves the sternest reproof for making these remarks.
Judges should refrain from expressing irrelevant opinions
in their decisions which may only reflect unfavorably
upon their competence and the propriety of their judicial
actuations. Moreover, intemperate speech detracts from
the equanimity and judiciousness that should be the
constant hallmarks of a dispenser of justice.
On the second issue, the Rules of Court is
explicit on this point. A motion without notice of hearing
is pro forma, a mere scrap of paper. It presents no
question which the court could decide. The court has no
reason to consider it and the clerk has no right to receive
it. The rationale behind the rule is plain: unless the
movant sets the time and place of hearing, the court will
be unable to determine whether the adverse party agrees
or objects to the motion, and if he objects, to hear him
on his objection. The objective of the rule is to avoid a
capricious change of mind in order to provide due process
to both parties and to ensure impartiality in the trial.
The essence of due process is the right to be
heard. Therefore, every motion which may prejudice the
rights of a party should be set for hearing. The
intendment of the law will never be achieved if notice is
not served, such as in this case.
In granting Peiths Urgent Ex-Parte Motion to
Leave for Abroad, the respondent judge violated a basic
and fundamental constitutional principle, due process.
When the law is elementary, not to be aware of it
constitutes gross ignorance thereof. After all, judges are
expected to have more than just a modicum of
acquaintance with the statutes and procedural rules.
Hence, the respondent judge is guilty of gross ignorance
of the law.
IN THE MATTER OF APPLICATION FOR THE
ISSUANCE OF A WRIT OF HABEAS CORPUS
RICHARD BRIAN HORNTON for and in behalf of the
minor child SEQUEIRA JENNIFER DELLE FRANCISCO
THORNTON vs. ADELFA FRANCISCO THORNTON,
G.R. No. 154598 August 16, 2004
For Private
Facts:
Petitioner, an American, and respondent, a
Filipino, were married. A year later, respondent gave
birth to a baby girl whom they named Sequeira Jennifer
Delle Francisco Thornton.
However, after three years, respondent grew
restless and bored as a plain housewife. She wanted to
return to her old job as a "guest relations officer" in a
nightclub, with the freedom to go out with her friends. In
fact, whenever petitioner was out of the country,
respondent was also often out with her friends, leaving
her daughter in the care of the househelp.
On December 7, 2001, respondent left the
family home with her daughter Sequiera without notifying
her husband. She told the servants that she was bringing
Sequiera to Purok Marikit, Sta. Clara, Lamitan, Basilan
Province.
Petitioner filed a petition for habeas corpus in
the designated Family Court in Makati City but this was
dismissed, presumably because of the allegation that the
child was in Basilan. Petitioner then went to Basilan to
ascertain the whereabouts of respondent and their
daughter. However, he did not find them there and the
barangay office of Sta. Clara, Lamitan, Basilan issued a
certification3 that respondent was no longer residing
there.
Petitioner gave up his search when he got hold
of respondents cellular phone bills showing calls from
different places such as Cavite, Nueva Ecija, Metro Manila
and other provinces. Petitioner then filed another petition
for habeas corpus, this time in the Court of Appeals which
could issue a writ of habeas corpus enforceable in the
entire country.
However, the petition was denied by the Court of
Appeals on the ground that it did not have jurisdiction
over the case. It ruled that since RA 8369 (The Family
Courts Act of 1997) gave family courts exclusive original
jurisdiction over petitions for habeas corpus, it impliedly
repealed RA 7902 (An Act Expanding the Jurisdiction of
the Court of Appeals) and Batas Pambansa 129 (The
Judiciary Reorganization Act of 1980).
Issue/s:
Whether or not the Court of Appeals has
jurisdiction to issue writs of habeas corpus in cases
involving custody of minors in the light of the provision in
RA 8369 giving family courts exclusive original
jurisdiction over such petitions.
Ruling:
In his comment, the Solicitor General points out
that Section 20 of the Rule on Custody of Minors and Writ
of Habeas Corpus in Relation to Custody of Minors has
rendered the issue moot. Section 20 of the rule provides
that a petition for habeas corpus may be filed in the
Supreme Court, Court of Appeals, or with any of its
members and, if so granted, the writ shall be enforceable
anywhere in the Philippines.
The petition is granted.
For Private
For Private
For Private
2005
Pimentel, et al. vs. Ermita, et al. GR 164978, 13
October 2005
Facts:
the President who her alter ego should be. The office of a
department secretary may become vacant while Congress
is in session. Since a department secretary is the alter
ego of the President, the acting appointee to the office
must necessarily have the Presidents confidence. Thus,
by the very nature of the office of a department
secretary, the President must appoint in an acting
capacity a person of her choice even while Congress is in
session. That person may or may not be the permanent
appointee, but practical reasons may make it expedient
that the acting appointee will also be the permanent
appointee. The law expressly allows the President to
make such acting appointment. Section 17, Chapter 5,
Title I, Book III of EO 292 states that [t]he President
may temporarily designate an officer already in the
government service or any other competent person to
perform the functions of an office in the executive
branch. Thus, the President may even appoint in an
acting capacity a person not yet in the government
service, as long as the President deems that person
competent. Pimentel, et al. assert that Section 17 does
not apply to appointments vested in the President by the
Constitution, because it only applies to appointments
vested in the President by law. Petitioners forget that
Congress is not the only source of law. Law refers to
the Constitution, statutes or acts of Congress, municipal
ordinances, implementing rules issued pursuant to law,
and judicial decisions. Finally, Pimentel, et al., claim that
the issuance of appointments in an acting capacity is
susceptible to abuse. They, however, fail to consider that
acting appointments cannot exceed one year as expressly
provided in Section 17(3), Chapter 5, Title I, Book III of
EO 292. The law has incorporated this safeguard to
prevent abuses, like the use of acting appointments as a
way to circumvent confirmation by the Commission on
Appointments. In distinguishing ad interim appointments
from appointments in an acting capacity, a noted
textbook writer on constitutional law has observed that
"Ad-interim appointments must be distinguished from
appointments in an acting capacity. Both of them are
effective upon acceptance. But ad-interim appointments
are extended only during a recess of Congress, whereas
acting appointments may be extended any time there is a
vacancy.
Moreover
ad-interim
appointments
are
submitted to the Commission on Appointments for
confirmation or rejection; acting appointments are not
submitted to the Commission on Appointments. Acting
appointments are a way of temporarily filling important
offices but, if abused, they can also be a way of
circumventing the need for confirmation by the
Commission on Appointments." The Court find no abuse
in the present case. The absence of abuse is readily
apparent from President Arroyos issuance of ad interim
appointments to Defensor et al. immediately upon the
recess of Congress, way before the lapse of
For Private
2006
ANTONIO B. BALTAZAR vs. HONORABLE
OMBUDSMAN, EULOGIO M. MARIANO, JOSE D.
JIMENEZ, JR., TORIBIO E. ILAO, JR. and ERNESTO
R. SALENGA G.R. No. 136433 (December 6, 2006)
Facts:
Pending resolution on an agrarian case, the
instant case was instituted by the petitioner Antonio
Baltazar, an alleged nephew of Faustino Mercado, the
attorney-in-fact of the lot owner.
This was filed before the Office of the
Ombudsman, charging private respondents of conspiracy
through the issuance of the TRO in allowing respondent
Salenga to retain possession of the subject property.
Petitioner imputes grave abuse of discretion on
public respondent Ombudsman for allowing respondent
Ilao, Jr. to submit his Counter-Affidavit when the
preliminary investigation was already concluded and an
Information filed with the Sandiganbayan which assumed
jurisdiction over the criminal case. This contention is
utterly erroneous.
Issue/s:
a. Whether or not the petitioner has legal standing
b. Whether or not the ombudsman committed grave
abuse of discretion for allowing respondent Ilao, Jr. to
submit his Counter-Affidavit when the preliminary
investigation was already concluded
c. Whether or not the ombudsman committed grave
abuse of discretion in reversing his finding of probable
cause
Ruling:
a.
Locus standi is defined as "a right of
appearance in a court of justice x x x on a given
question." In private suits, standing is governed by the
"real-parties-in interest" rule.
Accordingly, the "realparty-in interest" is "the party who stands to be benefited
or injured by the judgment in the suit or the party
entitled to the avails of the suit."
The records show that petitioner is a non-lawyer
appearing for himself and conducting litigation in person.
Petitioner instituted the instant case before the
Ombudsman in his own name. In so far as the ComplaintAffidavit filed before the Office of the Ombudsman is
concerned, there is no question on his authority and legal
standing. The Ombudsman can act on anonymous
complaints and motu proprioinquire into alleged improper
official acts or omissions from whatever source, e.g., a
newspaper. Thus, any complainant may be entertained
by the Ombudsman for the latter to initiate an inquiry
and investigation for alleged irregularities.
However, filing the petition in person before the
Supreme Court is another matter. The Rules allow a nonlawyer to conduct litigation in person and appear for
oneself only when he is a party to a legal controversy.
In the case at bar which involves a criminal
proceeding stemming from a civil (agrarian) case, it is
For Private
Court
of
Appeals
reversed
the
RTC's
Issue/s:
For Private
Ruling:
Clearly, this is an appeal from the questioned
issuances of the Ombudsman. However, such direct
resort to this Court from a resolution or order of the
Ombudsman is not sanctioned by any rule of procedure.
Neither can petitioner avail of Sec. 27 of R.A.
No. 6770, otherwise known as The Ombudsman Act of
1989. The provision allowed direct appeals in
administrative disciplinary cases from the Office of the
Ombudsman to the Supreme Court. The right to appeal is
granted only in respect to orders or decisions of the
Ombudsman in administrative cases. The provision does
not cover resolutions of the Ombudsman in criminal
cases. More importantly, Sec. 27 of R.A. No. 6770 insofar
as it allowed a direct appeal to this Court was declared
unconstitutional in Fabian v. Hon. Desierto
However, an aggrieved party in criminal actions
is not without any recourse. Where grave abuse of
discretion amounting to lack or excess of jurisdiction
taints the findings of the Ombudsman on the existence of
probable cause, the aggrieved party may file a petition
for certiorari under Rule 65.
By grave abuse of discretion is meant capricious
and whimsical exercise of judgment as is equivalent to
lack of jurisdiction. Mere abuse of discretion is not
enough. It must be grave abuse of discretion as when the
power is exercised in an arbitrary or despotic manner by
reason of passion or personal hostility, and must be so
patent and so gross as to amount to an evasion of a
positive duty or to a virtual refusal to perform the duty
enjoined or to act at all in contemplation of law.
Grave
abuse
of
discretion
should
be
differentiated from an error in judgment. An error of
judgment is one which the court may commit in the
exercise of its jurisdiction, and which error is reversible
only by an appeal. As long as the court acts within its
jurisdiction, any alleged errors committed in the exercise
For Private
not
just
compensation
was
properly
Ruling:
Just compensation, is the full and fair equivalent
of a property taken from its owner by the expropriator.
The measure is not the taker's gain, but the owner's loss.
Note must be taken that the word "just" is used to stress
the meaning of the word "compensation," in order to
convey the idea that the equivalent to be rendered for
the property to be taken shall be real, substantial, full
and ample.
Necessarily, just compensation must not be
arrived at arbitrarily, but determined after an evaluation
of different factors. In the present case, the
Commissioners' Report made use of the so-called marketdata approach in arriving at the valuation of the
properties. In this method, the value of the land is based
on sales and listings of comparable property registered
within the vicinity.
Well-settled is the rule that in expropriation
proceedings, the value of a property must be determined
either as of the date of the taking of the property or the
filing of the complaint, whichever comes first. In this
case, the Complaint was filed on March 18, 1996, and the
trial court issued the Writ of Possession on June 19,
1997. The offers cited in the Commissioners' Report,
For Private
For Private
Facts:
In a proceeding before the NLRC for compulsory
arbitration to settle a dispute between the NSTEA (the
Union) and the NSTS (the Company), the labor arbiter
ruled in favour of the Union, holding that the strike
staged by the Union was legal.
The company sought reconsideration of the
resolution, claiming that it was denied due process when
they were not allowed to adduce evidence on the
illegality of the strike and the violation of the Return-toWork Order. The NLRC dismissed the motion without
resolving the companys protest on the lack of notice of
the hearings.
The Court of Appeals ruled in favor of the
company and remanded the case to the NLRC for further
proceedings. Petitioners claim that the NLRC did not
violate the companys right to due process since its
resolutions were based on the parties respective
pleadings and on the records of the case.
Respondents maintain that the company was
deprived of its constitutional right to due process when
the NLRC disallowed it to present its evidence due to the
conceived "failure to attend" the three (3) scheduled
hearings, when in fact the company and its counsel were
not notified of the hearings since the NLRC sent the
notice of said hearings to a wrong address
Issue/s:
Whether or not the Company was deprived of its
constitutional right to due process
Ruling:
In labor cases, it has been held that due process
is simply an opportunity to be heard and not that an
actual hearing should always and indispensably be held
since a formal type or trial-type hearing is not at all times
and in all instances essential to due process the
requirements of which are satisfied where the parties are
afforded fair and reasonable opportunity to explain their
side of controversy.
The holding of an adversarial trial is
discretionary on the labor arbiter and the parties cannot
demand it as a matter of right. However, when such a
formal hearing is allowed but a party is not informed
thereof, as a consequence of which he is unable to attend
the same, such failure to attend should not be taken
against him. As the labor arbiter allowed the holding of a
formal hearing, he must accord the parties the
opportunity to participate therein and allow the formal
hearing to proceed its natural course, if due process and
the elements of fair play are to be observed.
In the instant case, the labor arbiter has granted
his imprimatur on the holding of a formal hearing, as
agreed upon by the parties. However, the company was
not given the chance to exercise the same privilege, since
the case was submitted for decision even before it was
able to adduce its evidence during the formal hearing.
While the speedy and inexpensive disposition of
cases is much desired and should be pursued, the swift
For Private
PACIFIC
G.R. No.
Facts:
Petitioner is a foreign corporation existing under
the laws of the State of California, United States of
America and engaged in the manufacture of footwear.
Petitioner is not doing business in the Philippines and is
suing before the trial court only to protect its intellectual
property rights.
Petitioner engaged the services of a private
investigative firm, to conduct an investigation on Inter
Pacific Industrial Trading Corporation (Inter Pacific) in
coordination with the NBI to confirm if Inter Pacific is
indeed engaged in the importation, distribution and sale
of unauthorized products bearing counterfeit or
unauthorized trademarks owned by petitioner.
Special Investigator Borromeo of the NBI, with a
witness, applied for warrants against the warehouse and
outlet store being operated and managed by respondent
for infringement of trademark.
After personally examining the search warrant
applicant and his witness, the court a quo found probable
cause to issue the search warrants applied for and thus
issued on the same day. That same afternoon, the
search warrants were simultaneously served by the
operatives of the Intellectual Property Rights Division of
the NBI.
After concluding that there are glaring
differences that an ordinary prudent purchaser would not
likely be mislead or confused in purchasing the wrong
article, the lower court issued the assailed Order
quashing Search Warrant and directing the NBI to return
to respondents the items seized by virtue of said search
warrant.
Issue/s:
Whether or not that the trial court may be faulted for
quashing the search warrants.
Ruling:
The power to issue search warrants is
exclusively vested with the trial judges in the exercise of
their judicial function. And inherent in the courts power
to issue search warrants is the power to quash warrants
already issued. After the judge has issued a warrant, he
is not precluded to subsequently quash the same, if he
finds upon re-evaluation of the evidence that no probable
cause exists.
For Private
For Private
2007
ROMONAFE CORP. vs NATIONAL POWER CORP.
(NPC) GR No. 168122, January 30, 2007
Facts:
Respondent National Power Corporation is a government
owned and controlled corporation which filed a complaint
on July 12, 1995 for eminent domain with the Regional
Trial Court of Imus, Cavite against Romonafe Corporation
and Vine Development Corporation. The trial court
designated
commissioners
to
determine
just
compensation for the properties involved in this case.
NPC filed an opposition to the commissioners valuation
on the ground that the valuation used as basis the
present (1997) market value of the property instead of
the market value on July 12, 1995, the time of the filing
of the complaint. The trial court rendered judgment
ordering plaintiff to pay defendant based on the value
starting from the time the plaintiff took possession of the
property up to the time the full amount have been paid.
NPC thus filed a notice of appeal to the Court of Appeals.
During the pendency of the appeal, the appellate court
received the Compromise Agreement between NPC and
Romonafe. The Office of the Solicitor General questioned
such compromise agreement on the ground that the
attorneys of the NPC who signed the agreement were not
authorized to sign in its behalf. The appellate court
nullified
the
compromise
agreement
for
being
disadvantageous to the government as it is against public
policy. It further ruled that the market value of the
expropriated parcel of land is fixed at P1,500 per square
meter.
Issue/s:
1.
2.
Ruling:
the
court
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Facts:
Petitioner,
a
non-stock
corporation
duly
organized and existing under the laws of the Philippines,
is an association of pesticide handlers duly licensed by
For Private
Facts:
Jesus Nuevas was charged before the Regional
Trial Court (RTC) of Olongapo City with illegal possession
of marijuana. Reynaldo Din and Fernando Inocencio were
likewise charged with the same crime. RTC rendered a
Decision finding all accused in the above-entitled cases
guilty beyond reasonable doubt.
Issue/s:
Whether or not the warrantless searches and seizure
made by the police officers is valid and the evidence
obtained by virture thereof is admissible
Ruling:
First, the Court holds that the searches and
seizures conducted do not fall under the first exception,
warrantless searches incidental to lawful arrests. Arrest
must precede the search; the process cannot be reversed
as in this case where the search preceded the arrest.
Nevertheless, a search substantially contemporaneous
with an arrest can precede the arrest if the police have
probable cause to make the arrest at the outset of the
search.
In this case, Nuevas, Din and Inocencio
were not committing a crime in the presence of the police
officers. Moreover, police officers Fami and Cabling did
not have personal knowledge of the facts indicating that
the persons to be arrested had committed an offense.
The searches conducted on the plastic bag then cannot
be said to be merely incidental to a lawful arrest.
Secondly, neither could the searches be justified
under the plain view doctrine. If the package is such that
an experienced observer could infer from its appearance
that it contains the prohibited article, then the article is
deemed in plain view. It must be immediately apparent
to the police that the items that they observe may be
evidence of a crime, contraband or otherwise subject to
seizure.
Records show that the dried marijuana
leaves were inside the plastic bags that Nuevas and Din
were carrying and were not readily apparent or
transparent to the police officers. In Nuevass case, the
dried marijuana leaves found inside the plastic bag were
wrapped inside a blue cloth. In Dins case, the marijuana
found upon inspection of the plastic bag was packed in
newspaper and wrapped therein. It cannot be therefore
said the items were in plain view which could have
justified mere seizure of the articles without further
search.
On the other hand, the Court finds that the
search conducted in Nuevass case was made with his
consent. The Court is convinced that he indeed
voluntarily surrendered the incriminating bag to the
police officers. However, with respect to the search
conducted in the case of Din, the Court finds that no such
consent had actually been given. Thus the Court modified
the judgment. Appellants Reynaldo Din and Fernando are
ACQUITTED.
For Private
Facts:
Petitioner Robert Tayaban was the Municipal
Mayor of Tinoc, Ifugao Sometime in 1988, then Mayor
Tayaban submitted a project proposal to provincial
governor Benjamin Cappleman for the construction of the
Tinoc Public Market.
Subsequently, Tayaban was
informed by the Governor that his proposal was approved
and that the project shall be funded by the Cordillera
Executive Board (CEB). Subsequently, a bidding was
conducted and private complainant Lopez Pugong
(Pugong) won the contract for the construction of the
said public market. On March 1, 1989, a formal contract
was executed by and between Pugong, as the contractor,
and the CEB, as the project owner. Actual construction of
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children (respondents herein) who are now the proindiviso owners of the same.
On the other hand, petitioner is the leasehold
tenant of the subject land having succeeded his father,
Francisco Verde, in the tenancy thereof.
On 14 July 1995, respondents initiated an action
for ejectment against petitioner before the Provincial
Agrarian Reform Adjudication Board in Malolos, Bulacan.
In a decision dated 07 February 1996, Provincial
Adjudicator Erasmo SP. Cruz dismissed the case for lack
of merit. Respondents filed a motion for reconsideration
which was denied by the provincial adjudicator.
Respondents then filed an appeal before the Department
of Agrarian Reform Adjudication Board (DARAB) which,
however, affirmed the earlier ruling of the provincial
adjudicator.
Undaunted by these setbacks, respondents filed
an appeal with the Court of Appeals. In the decision now
assailed before us, the appellate court reversed and set
aside the decision of the DARAB. According to the Court
of Appeals, Section 24 of Rep. Act No. 1199[11] prohibits
a share-tenant from employing a subtenant to work or
furnish labor on the land subject of a tenancy agreement.
Hence, this petition.
Issue/s:
Whether or not the Court of Appeals erred in declaring
that petitioner did not personally cultivate the subject
land thereby justifying his ejectment there from.
Ruling:
Under Section 5(a) of Rep. Act No. 1199, a
'share tenant is defined as a person who himself and with
the aid available from within his immediate farm
household cultivates the land belonging to or possessed
by another, with the latter's consent, for purposes of
production, sharing the produce with the landholder
under the share tenancy system, or paying to the
landholder a price-certain or ascertainable in produce or
in money or both, under the leasehold tenancy system.
In the present case, it is not disputed that dela
Cruz is not a member of petitioner's immediate
household. The question thus posed is whether by
petitioner's hiring his services and that of his carabao,
the agricultural lease relationship between the parties in
this case ceased to exist. We rule that it did not.
We cannot, however, sustain petitioner's stance
that the appellate court erred in giving credence to the
joint sworn statement of Sanciangco and Cruz in
contravention of the pertinent provision of the Rules of
Court. The DARAB New Rules of Procedures explicitly
ordains that technical rules of procedure which bind the
regular courts find no application in proceedings before
said board and its Regional and Provincial Adjudicators.
To give effect to this rule, the DARAB New Rules of
Procedure commands that all agrarian cases, disputes or
controversies should be resolved 'in a most expeditious
manner, employing all reasonable means to ascertain the
facts of every case in accordance with justice and equity.
But what makes petitioner's stance on this
matter even more unavailing is the fact that the
provincial adjudicator, acceding to petitioner's prayer in
For Private
Evidently, respondent judge violated the abovequoted provision by issuing the pre-trial order only on 2
January 2005 or more than four (4) months after the
termination of the pre-trial conference. It should likewise
be underscored that since the civil case is an unlawful
detainer case falling within the ambit of the Rules on
Summary Procedure, respondent judge should have
handled the same with promptness and haste. The
reason for the adoption of the Rules on Summary
Procedure is precisely to prevent undue delays in the
disposition of cases. It is therefore not encouraging
when, as in the case at bar, it is the judge himself who
occasions the delay sought to be prevented by the rule.
By no means is the aim of speedy disposition of cases
served
by
respondent
judges
inaction.
Section 9 (1), Rule 140, as amended, of the Revised
Rules of Court provides that undue delay in rendering an
order is classified as a less serious charge punishable by
suspension from office without salary and other benefits
for not less than one (1) nor more than three (3)
months; or a fine of more than P10,000.00 but not
exceeding
P20,000.00.
For the record, respondent judge was fined P20,000.00 in
A.M. No. MTJ-05-1583, entitled Arcenas v. Avelino[21] for
gross inefficiency. In addition, respondent Judge was
fined P20,000.00 in A.M. No. MTJ-05-1606, Office of the
Court Administrator v. Avelino,[22] likewise for gross
inefficiency. As such, the Court agrees with the OCA that
a
sterner
penalty
is
in
order.
For Private
2008
REPUBLIC V. JUDGE EUGENIO G.R. NO. 174629, 14
FEBRUARY 2008
Facts:
After the Agan v. PIATCO ruling, a series of
investigations concerning the award of the NAIA 3
contracts to PIATCO were undertaken by the Ombudsman
and the Compliance and Investigation Staff (CIS) of the
Anti-Money Laundering Council (AMLC). The OSG wrote
AMLC requesting AMLCs assistance in obtaining more
evidence to completely reveal the financial trail of
corruption surrounding the NAIA 3 Project, and also
noting that the Republic was presently defending itself in
two international arbitration cases. The CIS conducted an
intelligence database search on the financial transactions
of certain individuals involved in the award, including
Alvarez (Chairman of the Pre-Qualification Bids and
Awards Technical Committee). By this time, Alvarez had
already been charged by the Ombudsman with violation
of Section 3(J) of the Anti Graft and Corrupt Practices
Act.
The search revealed that Alvarez maintained 8
bank accounts with 6 different banks. The AMLC issued a
resolution authorizing its Executive Director to sign and
verify an application to inquire into the deposits or
investments of Alvarez et al. and to authorize the AMLC
Secretariat to conduct an inquiry once the RTC grants the
application. The rationale for the resolution was founded
on the findings of the CIS that amounts were transferred
from a Hong Kong bank account to bank accounts in the
Philippines maintained by respondents. The Resolution
also noted that by awarding the contract to PIATCO
(despite its lack of financial capacity) Alvarez violated
Section 3(E) of the Anti Graft and Corrupt Practices Act.
The MAKATI RTC rendered an Order granting the
AMLC the authority to inquire and examine the subject
bank accounts of Alvarez et al. In response to a letter of
Special Prosecutor Villa-Ignacio, AMLC issued a
Resolution authorizing its Executive Director to inquire
into and examine the accounts of Alvarez, PIATCO, and
several other entities involved in the nullified contract.
AMLC filed an application before the MANILA RTC to
inquire into the accounts alleged as Sec 3 Corrupt
practices of public officers. In addition to acts or
omissions of public officers already penalized by existing
law, the following shall constitute corrupt practices of any
public officer and are hereby declared to be unlawful:
(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
(e) Causing any undue injury to any party,
including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial functions
through manifest partiality, evident bad faith or gross
inexcusable negligence.
Issue/s:
Whether or not the proscription against ex post facto
laws applies to Section 11 of the AMLA (a provision
which does not provide a penal sanction BUT which
merely authorizes the inspection of suspect accounts
and deposits).
Ruling:
YES. It is clear that no person may be
prosecuted under the PENAL provisions of the AMLA for
acts committed prior to the enactment of the law (17
October 2001). With respect to the AUTHORITY TO
INSPECT, it should be noted that an ex post facto law is
one that (among others) deprives a person accused of a
crime of some lawful protection to which he has become
entitled, such as the protection of a former conviction or
acquittal, or a proclamation of amnesty.
PRIOR to the AMLA:
(1) The fact that bank accounts were involved in
activities later on enumerated in the law did not, by itself,
remove such accounts from the shelter of absolute
confidentiality.
(2) In order that bank accounts could be
examined, there was need to secure either the written
permission of the depositor OR a court order authorizing
such examination, assuming that they were involved in
cases of bribery or dereliction of duty of public officials,
or in a case where the money deposited or invested was
itself the subject matter of the litigation.
(3)Please read the original for the other issues
aside from Art. 3, section 22.
(4) Section 11. Authority to inquire into Bank
Deposits.
Notwithstanding the provisions of Republic Act
No. 1405, as amended; Republic Act No. 6426, as
amended; Republic Act No. 8791, and other laws, the
AMLC may inquire into or examine any particular deposit
or investment with any banking institution or non-bank
For Private
Issue/s:
For Private
Issue/s:
Whether or not respondent committed gross ignorance
of the law when he granted bail to the accused in Crim.
Case No. D-10678.
Ruling:
The Court agrees with the recommendation of
the OCA. Respondent clearly failed to accord the
prosecution the basic and elementary entitlements of due
process, such as timely notice and opportunity to be
heard. Such failure equally clearly resulted either from
ignorance of the law or, worse, partiality in favor of the
accused. The recommendation is thus in order.
The Court notes that respondent has been
dismissed from the service in A.M. No. 99-731-RTJ
entitled Hilario De Guzman, Jr. v. Judge Deodoro J.
Sison,5 promulgated on March 26, 2001. However, the
dismissal of respondent in 2001 does not prevent the
Court from imposing a sanction against him for gross
ignorance of the law while in office.
LORNA A. MEDINA, vs. COMMISSION ON AUDIT
(COA), represented by the Audit Team of
EUFROCINIA MAWAK, SUSAN PALLERNA, and MA.
DOLORES TEPORA, G.R. No. 176478 February 4,
2008
Facts:
This is a petition for review on certiorari 1 under
Rule 45 of the 1997 Rules of Civil Procedure seeking the
Issue/s:
Whether or not petitioner was deprived of her right to
due process, whether the penalty of dismissal is proper
and whether petitioner's guilt for grave misconduct and
dishonesty is supported by substantial evidence.
Ruling:
For Private
for
reconsideration
was
Issue/s:
1) whether the inspection of petitioners electric meter
was in accordance with R.A. No. 7832; 2) whether
petitioner was caught in flagrante delicto; and 3)
whether the writ of preliminary injunction was properly
issued against respondent LEYECO II.
Ruling:
We find merit in the petition.
The inspection was conducted in accordance
with Section 4 of R.A. No. 7832, While it is not disputed
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1.
2.
Ruling:
In the instant case, petitioners failed to adduce
evidence to rebut Javilgas claim of dismissal and satisfy
the burden of proof required. As regards the eight-month
hiatus before Javilgas instituted the illegal dismissal case,
we sustain the Court of Appeals ruling that Javilgas filed
the complaint within a reasonable period during the
three-year period provided under Article 291 of the Labor
Code.
Finally, there is no merit in petitioners claim that
attorneys fees may not be awarded to the respondent
since his case was being handled pro bono by the U.P.
Office of Legal Aid, which provides free legal assistance to
indigent litigants. In this jurisdiction, there are two
concepts of attorneys fees. In the ordinary sense,
attorneys fees represent the reasonable compensation
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2009
Ama computer College East Rizal Vs. Ignacio 590
SCRA (2009)
Facts:
Issue/s:
has
the
power
to
review
such
Ruling:
The Supreme Court ruled that in determining
whether such case is subject to judicial review, there
must be an actual controversy, there must be a proper
party, the case must be raised at an earliest opportunity,
and there must be a necessity of deciding the
constitutional question.
In the case at bar, the petitioner failed
to establish these elements for the house resolution
no.1109 was not yet enacted, hence, neither the case has
an actual controversy nor is the petitioner the injured
party. House resolution number 1109 may happen or may
not happen, hence, the SC dismissed the petition for lack
of actual controversy.
People vs Nunez 591 SCRA (2009)
Facts:
This petition for certiorari seeks the reversal of
the Decision dated January 19, 2007 of the Court of
Appeals in CA G.R. CR. H.C. No. 02420. The appellate
court affirmed the Decision dated February 11, 2002 of
the Regional Trial Court (RTC) of Calamba, Laguna,
Branch 36, which convicted appellant in Criminal Case
No. 8614-01-C for violation of Section 16, Article III of
Republic Act No. 6425, also known as the Dangerous
Drugs Act of 1972, as amended by Rep. Act No. 7659.
At 6:00 a.m. on April 26, 2001, operatives of the
Sta. Cruz, Laguna Police Detectives in coordination with
the Los Baos Police Station (LBPS) and IID Mobile Force
conducted a search in the house of Raul R. Nuez based
on reports of drug possession. The group, led by
Commanding Officer Arwin Pagkalinawan, included SPO1
Odelon Ilagan, SPO3 Eduardo Paz, PO1 Ronnie Orfano,
PO2 Gerry Crisostomo, PO2 Alexander Camantigue, PO2
Joseph Ortega and Senior Inspector Uriquia.
Before proceeding to appellants residence in
Barangay San Antonio, the group summoned Barangay
Captain Mario Mundin and Chief Tanod Alfredo Joaquin to
assist them in serving the search warrant. Upon arriving
at appellants house, Mundin called on appellant to come
out. Thereafter, Commanding Officer Pagkalinawan
showed Nuez the warrant. SPO1 Ilagan and PO2
Crisostomo then surveyed appellants room in his
presence while his family, PO2 Ortega and the two
barangay officials remained in the living room. SPO1
Ilagan found thirty-one (31) packets of shabu, lighters,
improvised burners, tooters, and aluminum foil with
shabu residue and a ladys wallet containing P4,610
inside appellants dresser. The group also confiscated a
component, camera, electric planer, grinder, drill, jigsaw,
electric tester, and assorted carpentry tools on suspicion
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1.
2.
Ruling:
The Supreme Court ruled that the question of
the validity of the search warrant was deemed waive
since the appellant failed to raise such question to the
trial court and the appellant signed the receipt of the
property seized and the certification of orderly search.
The right to be secure from unreasonable searches and
seizures, like any other right, can be waived and the
waiver may be made expressly or impliedly.
The SC affirmed and modified the
decision of the lower court and ruled that the seizure of
personal things not subject for seizure was invalidated.
LBC vs Mateo 589 SCRA (2009)
Facts:
Respondent James Mateo, designated as a
customer associate, was a regular employee of petitioner
LBC Express Metro Manila, Inc. (LBC). His job was to
deliver and pick-up packages to and from LBC and its
customers. For this purpose, Mateo was assigned the use
of a Kawasaki motorcycle.
On April 30, 2001 at about 6:10 p.m., Mateo
arrived at LBCs Escolta office, along Burke Street, to
drop off packages coming from various LBC airposts. He
parked his motorcycle directly in front of the LBC office,
switched off the engine and took the key with him.
However, he did not lock the steering wheel because he
allegedly was primarily concerned with the packages,
including a huge sum of money that needed to be
immediately secured inside the LBC office. He returned
promptly within three to five minutes but the motorcycle
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respondents.
Issue/s:
Whether or not the seizure of the sealed boxes which,
when opened, contained Disudrin syrup and Inoflox,
were
valid
under
the
plain
view
doctrine.
Ruling:
It is true that things not described in the warrant
may be seized under the plain view doctrine. However,
seized things not described in the warrant cannot be
presumed as plain view. The State must adduce evidence
to prove that the elements for the doctrine to apply are
present, namely: (a) the executing law enforcement
officer has a prior justification for an initial intrusion or
otherwise properly in a position from which he can view a
particular order; (b) the officer must discover
incriminating evidence inadvertently; and (c) it must be
immediately apparent to the police that the items they
observe may be evidence of a crime, contraband, or
otherwise
subject
to
seizure
It was thus incumbent on the NBI and the petitioner to
prove that the items were seized on plain view. It is not
enough that the sealed boxes were in the plain view of
the NBI agents. However, the NBI failed to present any of
officers who were present when the warrant was enforced
to prove that the the sealed boxes was discovered
inadvertently, and that such boxes and their contents
were incriminating and immediately apparent. It must be
stressed that only the enforcing officers had personal
knowledge whether the sealed boxes and their contents
thereof were incriminating and that they were
immediately apparent. There is even no showing that the
NBI agents knew the contents of the sealed boxes before
they were opened. In sum then, the petitioner and the
NBI failed to prove that the plain view doctrine applies to
the seized items.
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raising the
jeopardy.
Issue/s:
Issue/s:
constitutional
protection
against
double
For Private
2010
ALFREDO T. ROMUALDEZ vs. THE HONORABLE
SANDIGANBAYAN (THIRD DIVISION) and THE
REPUBLIC OF THE PHILIPPINES, G.R. No. 161602
(July 13, 2010)
Facts:
This is a petition for certiorari and prohibition,
seeking to annul the Sandiganbayan's rulings and prevent
it from further proceeding with Civil Case 0167 until
another preliminary investigation is conducted in their
case.
On March 6, 1996 respondent Republic of the
Philippines (Republic) filed an action for the forfeiture of
alleged
unlawfully
acquired
property
with
the
Sandiganbayan in Civil Case 0167 against petitioner
Alfredo T. Romualdez and his wife Agnes Sison
Romualdez as well as against Romson Realty, Inc., R & S
Transport, Inc., Fidelity Management, Inc., and Dio Island
Resort, Inc. (collectively, the Romualdezes) pursuant to
Republic Act (R.A.) 1379.
On January 16, 2000 the Romualdezes filed a
motion to dismiss the action on grounds of a) violation of
their right to a speedy disposition of their case; b) lack of
jurisdiction of the Sandiganbayan over the action; c)
prematurity; d) prescription; and e) litis pendentia. On
September 11, 2002 the Sandiganbayan denied the
motion. It also denied on March 10, 2003 their
subsequent motion for reconsideration.
On March 31, 2003 the Romualdezes next filed a
motion for preliminary investigation and to suspend
proceedings. They claim that since Civil Case 0167 was a
forfeiture proceeding filed under R.A. 1379, the
Ombudsman should have first conducted a "previous
inquiry similar to preliminary investigations in criminal
cases" before the filing of the case pursuant to Section 2
of the law.
In its Comment on the motion, the Republic
pointed out that the Office of the Ombudsman in fact
conducted such a preliminary investigation in 1991 in
OMB-0-91-0820law and issued on January 22, 1992 a
resolution, recommending the endorsement of the matter
to the Office of the Solicitor General (OSG) for the filing
of the forfeiture case.
On August 13, 2003 the Sandiganbayan issued a
resolution, law denying the Romualdezes' March 31, 2003
motion. It also denied by resolution on December 3, 2003
their subsequent motion for reconsideration.
Issue/s:
Whether or not the preliminary investigation that the
Ombudsman conducted in OMB-0-91-0820 in 1991
satisfied the requirement of the law in forfeiture cases.
Ruling:
Facts:
This Petition for Review on Certiorari seeks to
reverse and set aside the Court of Appeal's (CA's) June 2,
2005 Decisioncralaw in CA-G.R. SP. No. 83577, which
affirmed with modification the October 28, 2003
Decisioncralaw
of
the
National
Labor
Relations
Commission (NLRC) in NCR CA No. 034421-03, and the
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Issue/s:
Ruling:
The court sustained the appellate court in
affirming petitioner's conviction by the trial court.
A lawful arrest without a warrant may be made
by a peace officer or a private individual under any of the
following circumstances:7cralaw
Sec 5. Arrest without warrant, when lawful - A
peace officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing or is
attempting to commit an offense;
(b) When an offense has just been committed
and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to
be arrested has committed it; and
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily
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Facts:
In any event, the warrantless arrest of accusedappellant was lawful because he was caught by the police
officers in flagrante delicto or while he was in the act of
handing to Clarito Yanson a plastic sachet of "shabu".
Upon seeing the exchange, PO3 Sotomayor and PO3
Garcia approached accused-appellant and Clarito Yanson
and introduced themselves as members of the MAC. PO3
Sotomayor confiscated from accused-appellant the plastic
sachet of "shabu" while PO3 Garcia confiscated the
aluminum foil strips which accused-appellant was also
holding in his other hand.
Jurisprudence is settled that the arresting officer
in a legitimate warrantless arrest has the authority to
search on the belongings of the offender and confiscate
those that may be used to prove the commission of the
offense. x x x
RA
9165,
otherwise
known
as
the
Comprehensive Dangerous Drugs Act of 2002, increased
the penalty for illegal possession of less than five grams
of methamphetamine hydrochloride or shabu to an
imprisonment of 12 years and one day to 20 years and a
fine ranging from P300,000.00 to P400,000.00. Said law,
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Issue/s:
Whether or not the CA erred in ruling that the
trial court may compel Tiu to testify in the correction of
entry case that respondent Lee-Keh children filed for
the correction of the certificate of birth of petitioner
Emma Lee to show that she is not Keh's daughter.
Ruling:
Petitioner Emma Lee claims that the RTC
correctly quashed the subpoena ad testificandum it
issued against Tiu on the ground that it was unreasonable
and oppressive, given the likelihood that the latter would
be badgered on oral examination concerning the Lee-Keh
children's theory that she had illicit relation with Lee and
gave birth to the other Lee children.
But, as the CA correctly ruled, the grounds
cited-unreasonable and oppressive-are proper for
subpoena ad duces tecum or for the production of
documents and things in the possession of the witness, a
command that has a tendency to infringe on the right
against invasion of privacy. Section 4, Rule 21 of the
Rules of Civil Procedure, thus provides:chan robles virtual
law library
SECTION 4. Quashing a subpoena. - The court
may quash a subpoena duces tecum upon motion
promptly made and, in any event, at or before the time
specified therein if it is unreasonable and oppressive, or
the relevancy of the books, documents or things does not
appear, or if the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of the
production thereof.
Taking in mind the ultimate purpose of the LeeKeh children's action, obviously, they would want Tiu to
testify or admit that she is the mother of Lee's other
children, including petitioner Emma Lee. Keh had died
and so could not give testimony that Lee's other children
were not hers. The Lee-Keh children have, therefore, a
legitimate reason for seeking Tiu's testimony and,
normally, the RTC cannot deprive them of their right to
compel the attendance of such a material witness.
But petitioner Emma Lee raises two other
objections to requiring Tiu to come to court and testify:
a) considering her advance age, testifying in court would
subject her to harsh physical and emotional stresses; and
b) it would violate her parental right not to be compelled
to testify against her stepdaughter.
Regarding
the
physical
and
emotional
punishment that would be inflicted on Tiu if she were
compelled at her age and condition to come to court to
testify, petitioner Emma Lee must establish this claim to
the satisfaction of the trial court. About five years have
passed from the time the Lee-Keh children sought the
issuance of a subpoena for Tiu to appear before the trial
court. The RTC would have to update itself and determine
if Tiu's current physical condition makes her fit to
For Private
1.
2.
Ruling:
Search warrant and warrant of arrest not needed
In People v. Villamin, involving an accused
arrested after he sold drugs during a buy-bust operation,
the Court ruled that it was a circumstance where a
warrantless arrest is justified under Rule 113, Sec. 5(a)
of the Rules of Court. The same ruling applies to the
instant case. When carried out with due regard for
constitutional and legal safeguards, it is a judicially
sanctioned method of apprehending those involved in
illegal drug activities. It is a valid form of entrapment, as
the idea to commit a crime comes not from the police
officers but from the accused himself. The accused is
caught in the act and must be apprehended on the spot.
From the very nature of a buy-bust operation, the
absence of a warrant does not make the arrest illegal.
illegal drug seized was not the "fruit of the
poisonous tree" as the defense would like this Court to
believe. The seizure made by the buy-bust team falls
under a search incidental to a lawful arrest under Rule
126, Sec. 13 of the Rules of Court, which pertinently
provides:
A person lawfully arrested may be searched for
dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense
without a search warrant.
Since the buy-bust operation was established as
legitimate, it follows that the search was also valid, and a
warrant was likewise not needed to conduct it.
Chain of custody
The prosecution's failure to submit in evidence
the required physical inventory and photograph of the
evidence confiscated will not result in accused-appellant's
acquittal of the crimes charged. Non-compliance with the
provisions of RA 9165 on the custody and disposition of
dangerous drugs is not necessarily fatal to the
prosecution's case. Neither will it render the arrest of an
accused illegal nor the items seized from her
inadmissible.
We discussed in People v. Pagkalinawan both
what the law provides and the level of compliance it
requires:
Sec. 21 of the Implementing
Regulations of RA 9165 provides:
Rules
and
For Private
For Private
Ruling:
For Private
For Private
positions do not perform the same or substantially the same functions as those of the abolished. Nowhere in the records
does it appear that these recreated positions were first offered to respondents. The appointment of casuals to these
recreated positions violates R.A. 6656. Pan vs. Pena, G.R. No. 174244, February 13, 2009.
Constitutional Law
EXPROPRIATION.
The National Power Corporation (NPC) filed a complaint for the acquisition of easement right of way over lots of Co in
connection with the construction of NPCs transmission lines. The Supreme Court held that: (a) Republic Act No. 8974
applies to properties expropriated for the installation of NPCs power transmission lines; (b) NPC is liable to pay the full
amount of the fair market value and not merely a 10 percent easement fee for the expropriated property; (c) the value of
the property should be reckoned as of 27 June 2001, the date of the filing of the complaint in compliance with Rule 67 of
the Rules of Court. National Power Corporation vs. Co, GR No. 166973, February 10, 2009.
POLITICAL QUESTION.
The challenge to the jurisdiction of the Senate Foreign Relations Committee to hear the so called Moscow incident
effectively asks the Court to inquire into a matter that is within the full discretion of the Senate. The issue partakes of the
nature of a political question that, in Taada v. Cuenco, was characterized as a question which, under the Constitution, is
to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been
delegated to the legislative or executive branch of the government. Pursuant to this constitutional grant of virtually
unrestricted authority to determine its own rules, the Senate is at liberty to alter or modify these rules at any time it may
see fit, subject only to the imperatives of quorum, voting and publication. It is not for the Supreme Court to intervene in
what is clearly a question of policy, an issue dependent upon the wisdom, not the legality, of the Senates action. Sps. PNP
Director Eliseo D. Dela Paz, et al. Vs. Senate Committee., G.R. No. 184849, February 13, 2009.
DUAL CITIZENSHIP.
Dual citizenship is not a ground for disqualification from running for any elective local position. Cordora vs. Comelec, et
al..R. No. 176947, February 19, 2009.
Miscellaneous Laws
WITNESS.
The Supreme Court held that for an allegation of tampering to be the basis for the disconnection of a customers electric
supply, the discovery of such must be personally witnessed and attested to by an officer of the law or an ERB
representative. This requirement can not be dispensed with. In the present case, it is admitted that no police officer or ERB
representative was present during the inspection, removal and subsequent replacement of the electric meters alleged to
have been tampered with, hence, the requirement of the law was not complied with a lapse fatal to MERALCOs cause.
Manila Electric Company Vs. Hsing Nan Tannery Phils., Inc., G.R. No. 178913, February 12, 2009
During the preliminary examination stage, the Bids and Awards Committee (BAC) checks whether all the required
documents were submitted by the eligible bidders. Note should be taken of the fact that the technical specifications of the
product bidded out is among the documentary requirements evaluated by
the BAC during the preliminary examination stage. At this point, therefore, the BAC should have already discovered that
the technical specifications of Audio Visuals document camera differed from the bid specifications in at least three (3)
respects, namely: the 15 frames/second frame rate, the weight specification, and the power supply requirement. Using the
non-discretionary criteria laid out in R.A. No. 9184 and IRR-A, therefore, the BAC should have rated Audio Visuals bid as
failed instead of passed. Commission on Audit, etc. vs. Link Worth International Inc., G.R. No. 184173, March 13,
2009.
BURDEN OF PROOF.
It is settled that in administrative proceedings, the burden of proof that the respondent committed the acts complained of
rests on the complainant. In fact, if the complainant upon whom rests the burden of proving his cause of action fails to
show in a satisfactory manner the facts upon which he bases his claim, the respondent is under no obligation to prove his
exception or defense. Even in administrative cases, if a court employee or magistrate is to be disciplined for a grave
offense, the evidence against him should be competent and should be derived from direct knowledge. In the absence of
evidence to the contrary, the presumption that the respondent has regularly performed his duties will prevail.
In the present case, complainant failed to substantiate his imputations of impropriety and partiality against respondent
Justice. Aside from his naked allegations, conjecture and speculations, he failed to present any other evidence to prove his
charges. Hence, the presumption that respondent regularly performed his duties prevails. On the other hand, respondent
Justice adequately explained that since his voluntary inhibition from the case, he no longer participated in the case and his
perceived participation in the issuance of the assailed Resolution was a result of a typographical mistake. The Law Firm of
Chavez Miranda Aseoche, etc. vs. Justice Isaias P. Dicdican, A.M. No. CA-09-48-J, March 13, 2009., see also Rodolfo B.
Baygar, Sr. vs. Judge Lilian D. Panontongan, et al., A.M. No. MTJ-08-1699, March 17, 2009.
Agrarian law
BREACH BY AGRICULTURAL LESSEE.
R.A. No. 3844 does not operate to take away completely every landowners rights to his land. Nor does it authorize the
agricultural lessee to act in an abusive or excessive manner in derogation of the landowners rights. After all, he is just an
agricultural lessee. Although the agrarian laws afford the opportunity for the landless to break away from the vicious cycle
of having to perpetually rely on the kindness of others, a becoming modesty demands that this kindness should at least be
reciprocated, in whatever small way, by those benefited by them. Here, the Supreme Court held that the construction of
the reservoir by the leseee constitutes a violation of Section 36 of R.A. No. 3844, an unauthorized use of the landholding
for a purpose other than what had been agreed upon, and a violation of the leasehold contract between the lessee and
lessor, for which the former was penalized with permanent dispossession of his leasehold. PCarlo A. Castillo vs. Manuel
Tolentino, G.R. No. 181525, March 4, 2009.
JUST COMPENSATION; WHEN DETERMINED.
As to the legal basis of just compensation for land taken by the Department of Agrarian Reform for distribution to farmerbeneficiaries, the Supreme Court held that the applicable law is R.A. No. 6657. In Land Bank of the Philippines v. Pacita
Agricultural Multi-Purpose Cooperative, Inc., etc., et al., the Court made a comparative analysis of cases that confronted
the issue of whether properties covered by P.D. No. 27 and E.O. No. 228, for which the landowners had yet to be paid,
would be compensated under P.D. No. 27 and E.O. No. 228 or under the pertinent provisions of R.A. No. 6657. The Court
observed that in Gabatin v. Land Bank of the Philippines a case which LBP invokes in this controversy the Court
declared that the reckoning period for the determination of just compensation should be the time when the land was
taken, i.e., in 1972, applying P.D. No. 27 and E.O. No. 228. However, the Court also noted that after Gabatin, the Court
had decided several cases in which it found it more equitable to determine just compensation based on the value of the
property at the time of payment. Land Bank of the Philippines vs. Hernando T. Chico, et al., G.R. No. 168453. March 13,
2009
JUST COMPENSATION; MARKET DATA APPROACH.
In the instant case, the regional trial court (RTC) did not consider Section 17 of Republic Act No. 6657 as well as
Department Administrative Order (DAO) DAO No. 6 in determining just compensation for agrarian reform cases. Instead,
it adopted, hook, line and sinker, the market data approach introduced by the commissioner nominated by Allied. This
undoubtedly constitutes a glaring departure from the established tenet on the mandatory nature of Section 17 of Republic
Act No. 6657 and DAO No. 6, as amended. It is worthy to note that Allied did not provide any evidence that the market
data approach, which based the value of the land in question on sales and listings of similar properties situated within the
area, conformed to the subject administrative order, and it is not also clear if same approach took into consideration the
said administrative order. Such being the case, the market data approach espoused by Allied cannot be a valuation that
complies with the requirements under the agrarian law. Besides, this Court has once refused to accept the market data
approach as a method of valuation compliant with the agrarian law and enforced by the DAR. Allied Banking Corp. vs. The
Land Bank of the Philippines, et al., G.R. No. 175422, March 13, 2009
Constitutional Law.
COMELEC POWERS.
Under Sec. 2, Article IV-C of the 1987 Constitution, the COMELEC exercises original jurisdiction over all contests, relating
to the election, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over election contests involving elective municipal and barangay officials, and has supervision and control over the board
of canvassers. The COMELEC sitting en banc, however, does not have the authority to hear and decide election cases,
including pre-proclamation controversies in the first instance, as the COMELEC in division has such authority. The
COMELEC en banc can exercise jurisdiction only on motions for reconsideration of the resolution or decision of the
COMELEC in division. Petitioners contention that the COMELECs choice of officials to substitute the members of the Board
of Canvassers is limited only to those enumerated under Sec. 21 of Republic Act. No. 6646 is untenable. Contrary to
petitioners assertion, the enumeration above is not exclusive. Members of Board of Canvassers can be filled up by the
COMELEC not only from those expressly mentioned in the above-quoted provision, but from others outside if the former
are not available. Arturo F. Pacificador and Jovito C. Plameras, Jr. vs. Comelec, etc., et al., G.R. No. 178259, March 13,
2009.
EQUAL PROTECTION CLAUSE.
Prior to R.A. No. 8042, OFWs and local workers with fixed-term employment who were illegally discharged were treated
alike in terms of the computation of their money claims: they were uniformly entitled to their salaries for the entire
unexpired portions of their contracts. But with the enactment of R.A. No. 8042, illegally dismissed overseas Filipino
workers (OFWs) with an unexpired portion of one year or more in their employment contract have since been differently
treated in that their money claims are subject to a 3-month cap, whereas no such limitation is imposed on local workers
with fixed-term employment. The Court concludes that the subject clause contains a suspect classification in that, in the
computation of the monetary benefits of fixed-term employees who are illegally discharged, it imposes a 3-month cap on
the claim of OFWs with an unexpired portion of one year or more in their contracts, but none on the claims of other OFWs
or local workers with fixed-term employment. The subject clause singles out one classification of OFWs and burdens it with
a peculiar disadvantage. There being a suspect classification involving a vulnerable sector protected by the Constitution,
the Court now subjects the classification to a strict judicial scrutiny, and determines whether it serves a compelling state
interest through the least restrictive means. What constitutes compelling state interest is measured by the scale of rights
and powers arrayed in the Constitution and calibrated by history. It is akin to the paramount interest of the state for which
some individual liberties must give way, such as the public interest in safeguarding health or maintaining medical
standards, or in maintaining access to information on matters of public concern. In the present case, the Court dug deep
into the records but found no compelling state interest that the subject clause may possibly serve. Antonio M. Serrano vs.
Gallant Maritime Services, Inc., et al., G.R. No. 167614, March 24, 2009.
IMMUNITY FROM SUIT.
The Commission on Audit (COA) is an unincorporated government agency which does not enjoy a separate juridical
personality of its own. Hence, even in the exercise of proprietary functions incidental to its primarily governmental
functions, COA cannot be sued without its consent. Assuming that the contract it entered into with Audio Visual can be
taken as an implied consent to be sued, and further that incidental reliefs such as damages may be awarded in certiorari
proceedings, Link Worth did not appeal the Court of Appeals Decision deleting the award of damages against COA.
Consequently, Link Worth is bound by the findings of fact and conclusions of law of the Court of Appeals, including the
deletion of the award of exemplary damages, attorneys fees and costs. Commission on Audit, etc. Vs. Link Worth
International Inc., G.R. No. 182559, March 13, 2009.
OMBUDSMAN.
The scope of the authority of the Ombudsman in administrative cases as defined under the Constitution and R.A. No. 6770
is broad enough to include the direct imposition of the penalty of removal, suspension, demotion, fine or censure on an
erring public official or employee.
RIGHT TO COUNSEL.
Under Section 12(1), Article III of the 1987 Constitution, an accused is entitled to have competent and independent
counsel preferably of his own choice. The phrase preferably of his own choice does not convey the message that the
choice of a lawyer by a person under investigation is exclusive as to preclude other equally competent and independent
attorneys from handling the defense. Otherwise, the tempo of custodial investigation would be solely in the hands of the
accused who can impede, nay, obstruct, the progress of the interrogation by simply selecting a lawyer who, for one reason
or another, is not available to protect his interest. While the choice of a lawyer in cases where the person under custodial
interrogation cannot afford the services of counsel or where the preferred lawyer is not available is naturally lodged in
the police investigators, the suspect has the final choice, as he may reject the counsel chosen for him and ask for another
one. A lawyer provided by the investigators is deemed engaged by the accused when he does not raise any objection to
the counsels appointment during the course of the investigation, and the accused thereafter subscribes to the veracity of
the statement before the swearing officer. Appellants Arnaldo and Flores did not object to the appointment of Atty.
Uminga and Atty. Rous as their lawyers, respectively, during their custodial investigation. Prior to their questioning,
appellants Arnaldo and Flores conferred with Atty. Uminga and Atty. Rous. Appellant Arnaldo manifested that he would be
assisted by Atty. Uminga, while appellant Flores agreed to be counseled by Atty. Rous. Atty. Uminga and Atty. Rous
countersigned the written extra-judicial confessions of appellants Arnaldo and Flores, respectively. Hence, appellants
Arnaldo and Flores are deemed to have engaged the services of Atty. Uminga and Atty. Rous, respectively. Since the
prosecution has sufficiently established that the respective extra-judicial confessions of appellant Arnaldo and appellant
Flores were obtained in accordance with the constitutional guarantees, these confessions are admissible. They are
evidence of a high order because of the strong presumption that no person of normal mind would deliberately and
knowingly confess to a crime, unless prompted by truth and conscience. People of the Philippines vs. Domingo Reyes Y
Paje, et al., G.R. No. 178300, March 17, 2009.
TERM LIMITS.
The three-term limit for elective local officials is contained in Section 8, Article X of the Constitution. The Constitution did
not expressly prohibit Congress from fixing any term of office for barangay officials, thereby leaving to the lawmakers full
discretion to fix such term in accordance with the exigencies of public service. The discussions in the Constitutional
Commission showed that the term of office of barangay officials would be [a]s may be determined by law, and more
precisely, [a]s provided for in the Local Government Code. Section 43(b) of the Local Government Code provides that
barangay officials are covered by the three-term limit, while Section 43(c) thereof states that the term of office of
barangay officials shall be five (5) years. The rule on the three-term limit, embodied in the Constitution and the Local
Government Code, has two parts.
The first part provides that an elective local official cannot serve for more than three consecutive terms. The clear intent is
that only consecutive terms count in determining the three-term limit rule. The second part states that voluntary
renunciation of office for any length of time does not interrupt the continuity of service. The clear intent is that involuntary
severance from office for any length of time interrupts continuity of service and prevents the service before and after the
interruption from being joined together to form a continuous service or consecutive terms. After three consecutive terms,
an elective local official cannot seek immediate reelection for a fourth term. The prohibited election refers to the next
regular election for the same office following the end of the third consecutive term.
The second part of the rule on the three-term limit shows the clear intent of the framers of the Constitution to bar any
attempt to circumvent the three-term limit by a voluntary renunciation of office and at the same time respect the peoples
choice and grant their elected official full service of a term. The Court held that two conditions for the application of the
disqualification must concur: (1) that the official concerned has been elected for three consecutive terms in the same
government post; and (2) that he has fully served three consecutive terms.
In this case, it is undisputed that petitioner was elected as Punong Barangay for three consecutive terms, satisfying the
first condition for disqualification. Indeed, petitioner was serving his third term as Punong Barangay when he ran for
Sangguniang Bayan member and, upon winning, assumed the position of Sangguniang Bayan member, thus, voluntarily
relinquishing his office as Punong Barangay which the Court deems as a voluntary renunciation of said office. Nicasio
Bolos, Jr. vs. The Commission on Election, et al., G.R. No. 184082, March 17, 2009.
Election Law
APPRECIATION OF BALLOTS.
The object of the appreciation of ballots is to ascertain and carry into effect the intention of the voter, if it can be
determined with reasonable certainty. When placed in issue, the appreciation of contested ballots and election documents,
which involves a question of fact, is best left to the determination of the COMELEC. The Supreme Court did not find grave
abuse of discretion when the COMELEC credited to respondent the vote for Mantete, following the idem sonans rule.
Aldo B. Cordia Vs. Joel G. Monforte and Comelec, G.R. No. 174620, March 4, 2009.
PRE-PROCLAMATION CASES.
The COMELEC should rule on pre-proclamation cases individually, even if the ruling is simply couched in a minute
resolution. This will dispel qualms about lack of adequate notice to party litigants, and obviate the confusion that generally
results from the issuance of omnibus resolutions. In all, such a practice would be consistent with the constitutional
principle of transparency, and lend itself to greater public confidence in our electoral system. In the case at bar, the
petitioner may have been equally confused on the remedies available to him vis--vis Resolution No. 8212. We do not fault
him for this, but we nonetheless dismiss his petition because we find no grave abuse of discretion in the assailed COMELEC
Resolution and Order. Elpidio B. Valino vs. Alvin P. Vergara, Tomas N. Joson III, et al., G.R. No. 180492, March 13, 2009.
A DEBATE OVER A REGIME OF ISLANDS
On March 10, 2009, the President signed into law Republic Act No. 9522, entitled An Act to Amend Certain Provisions of
Republic Act No. 3046, as Amended by Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and
for Other Purposes.
Congress passed the law in order to comply with a May 13, 2009 deadline of the United Nations for countries to define the
boundaries of its continental shelf under the UN Convention on the Law of the Sea (UNCLOS).
Section 1 of the law defined the baselines of the Philippine archipelago. The geographic coordinates mentioned in Section
1 do not include the Kalayaan Island Group (KIG), or better known as the Spratly Islands (which are also being claimed by
such countries as China, Vietnam and Malaysia). Congress chose to deal with the KIG (and Scarborough Shoal) in Section
2, which provides:
The baselines in the following areas over which the Philippines likes (sic) exercises sovereignty and jurisdiction shall be
determined as Regime of Islands under the Republic of the Philippines consistent with Article 121 of the United Nations
Convention of the Law of the Sea (UNCLOS):
a)
The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and
b)
Prior to the passage of the law, it appears that four options were being considered in defining the territorial baselines of
the country:
1.
The main archipelago and Scarborough Shoal are enclosed by the baselines while KIG is classified as regime of
islands. . .
2.
Only the main archipelago is enclosed by the baselines while KIG and Scarborough Shoal are classified as regime of
islands. . .
3.
The main archipelago and KIG are enclosed by the baselines while Scarborough Shoal is classified as regime of
islands.
4.
The main archipelago, KIG and Scarborough Shoal are enclosed by the baselines. . .
(see Senator Antonio F. Trillanes IV, The territorial baseline issue, Malaya, March 14, 2009)
According to reports, the House of Representatives version of the bill includes the Scarborough Shoal and KIG within the
baselines (see option 4) while the Senate version classified the disputed territory as a regime of islands (see option 2).
The Senate position prevailed during the bicameral conference committee deliberations held for the purpose of reconciling
the two bills. (see Congress set to ratify baselines bill, Inquirer.net)
In her sponsorship speech on her version of the 2009 baselines bill, Senator Miram Defensor-Santiago explains the
adoption of the regime of island principle.
There are three important reasons why the bill adopts the regime of islands principle:
First, it has the advantage of avoiding conflicting basepoints with other claimants to the Spratlys. Conflicting basepoints is
the reason why your Committee decided not to adopt other bills. The Committee takes the view that if a modern baselines
bill includes conflicting basepoints with other claimant states, this would certainly be a source of diplomatic strain with
such states as China , Vietnam , Malaysia , and Taiwan .
Second, the regime of islands principle increases the size of our archipelagic waters and EEZ by about 76,518 nautical
miles over existing laws.
Third, the pending bill does not deviate from the natural shape of our archipelago, thus complying with Unclos, Article 47,
para. 3, which provides that the drawing of such baselines shall not depart to any appreciable extent from the general
configuration of the archipelago. (see Sponsorship Speech, The 2009 Baseline Bill)
Not everyone agrees that KIG and Scarborough Shoal should be excluded from the baselines. For example:
. . . former Ambassador to the United Nations Lauro Baja says the baseline bill is seriously flawed because it excludes the
disputed Kalayaan islands from Philippine territory.
Baja says the exclusion of the Kalayaan islands, which is part of the province of Palawan, runs counter to national interest.
Thats because Kalayaan is part of the Spratly Group of Islands, a disputed atoll in the South China Sea that is claimed not
just by the Philippines but by China, Vietnam, Brunei, Malaysia, and Taiwan.
Baja says these countries have included the Spratlys in their own baselines, and that by excluding it from our own baseline
law, the Philippines is effectively undermining our claim to Kalayaan. (see Baja: Baselines bill weakens RP claim to
Kalayaan, ABS-CBN News) ,
On the other hand, while Senator Trillanes does not have objections to the exlcusion of the KIG from the baselines, he
disagrees with the exclusion of the Scarborough Shoal from the baselines. In his version of the baselines bill (Senate Bill
No. 1467), he included the Scarborough Shoal in the baselines. He says:
. . . there are some misconceptions regarding the label regime of islands that it supposedly weakens our claim or
reduces our sovereignty over the areas labeled as such. On the contrary, regime of islands is defined in Art. 121 [of the
UNCLOS] as: 1) island/s that is naturally formed, surrounded by water and is above water at high tide; and 2) it shall have
its own 12nm territorial sea, 24nm contiguous zone, 200nm EEZ and continental shelf. In other words, islands classified as
regime of islands are treated the same way as other land territory. The only possible reason that coastal states would be
forced to classify their territory as a regime of islands is because such territory is impossible to enclose within the
baselines without violating other UNCLOS provisions. The Falkland island group is one example. Since the UK is at the
other end of the Atlantic which made it impossible to include Falkland in its own baseline, it has no choice but to classify
Falkland as a regime of islands.
The Scarborough Shoal was included in the baselines [of Senate Bill No. 1467] primarily because its distance from Luzon is
less than the 125nm limit. With this, our country stands to gain approximately 14,500sq nm of EEZ and continental shelf.
Another reason for its inclusion is that Scarborough Shoal is basically a rock and according to Paragraph 3 of Art. 121, the
regime of islands definition has an exception and that is: Rocks which cannot sustain human habitation or economic life of
their own shall have no exclusive economic zone or continental shelf. Therefore, while it is advantageous for us to
designate KIG as a regime of islands, we would be depriving ourselves of the EEZ and continental shelf of Scarborough
Shoal if it would be designated as a regime of islands. (see Senator Antonio F. Trillanes IV, The territorial baseline
issue, Malaya, March 14, 2009)
ABS-CBN News has learned that some lawyers are considering questioning the baseline bill before the Supreme Court.
(see Baja: Baselines bill weakens RP claim to Kalayaan, ABS-CBN News) .
Two days later, several members of the Iglesia Ni Cristo (INC) filed affidavit complaints with the MTCRB. The MTRCB sent
petitioner a notice of the hearing on August 16, 2004 in relation to the alleged use of some cuss words in the August 10,
2004 episode of Ang Dating Daan.
After a preliminary conference in which petitioner appeared, the MTRCB, by Order of August 16, 2004, preventively
suspended the showing of Ang Dating Daan program for 20 days. The same order also set the case for preliminary
investigation.
The following day, petitioner sought reconsideration of the preventive suspension order, praying that Chairperson Consoliza
P. Laguardia and two other members of the adjudication board recuse themselves from hearing the case. Two days after,
however, petitioner sought to withdraw his motion for reconsideration, followed by the filing with the Supreme Court of a
petition for certiorari and prohibition, docketed as G.R. No. 164785, to nullify the preventive suspension order thus issued.
On September 27, 2004, in Adm. Case No. 01-04, the MTRCB issued a decision, disposing as follows:
WHEREFORE, in view of all the foregoing, a Decision is hereby rendered, finding respondent Soriano liable for his
utterances and thereby imposing on him a penalty of three (3) months suspension from his program, Ang Dating Daan.
In resolving the petition for certiorari and prohibition, the Supreme Court ruled that: (1) the MTCRB has the power to issue
a preventive suspension against the petitioner; (2) the preventive suspension order did not violate petitioners right to
equal protection, his freedom of religion and his freedom of speech.
PREVENTIVE SUSPENSION
Petitioner argued that the preventive suspension imposed against him and the relevant IRR provision authorizing it are
invalid inasmuch as PD 1986 does not expressly authorize the MTRCB to issue preventive suspension. The Supreme Court
rejected this argument and ruled:
A perusal of the MTRCBs basic mandate under PD 1986 reveals the possession by the agency of the authority, albeit
impliedly, to issue the challenged order of preventive suspension. This authority stems naturally from, and is necessary for
the exercise of, its power of regulation and supervision. . . The issuance of a preventive suspension comes well within the
scope of the MTRCBs authority and functions expressly set forth in PD 1986, more particularly under its Sec. 3(d), as
quoted above, which empowers the MTRCB to supervise, regulate, and grant, deny or cancel, permits for the x x x
exhibition, and/or television broadcast of all motion pictures, television programs and publicity materials, to the end that
no such pictures, programs and materials as are determined by the BOARD to be objectionable in accordance with
paragraph (c) hereof shall be x x x exhibited and/or broadcast by television.
EQUAL PROTECTION
Petitioner also argued that the MTRCB denied him his right to the equal protection of the law, arguing that, owing to the
preventive suspension order, he was unable to answer the criticisms coming from the INC ministers. The Supreme Court
rejected this argument and ruled:
Petitioners position does not persuade. The equal protection clause demands that all persons subject to legislation should
be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed. It guards
against undue favor and individual privilege as well as hostile discrimination. Surely, petitioner cannot, under the premises,
place himself in the same shoes as the INC ministers, who, for one, are not facing administrative complaints before the
MTRCB. For another, he offers no proof that the said ministers, in their TV programs, use language similar to that which he
used in his own, necessitating the MTRCBs disciplinary action. If the immediate result of the preventive suspension order
is that petitioner remains temporarily gagged and is unable to answer his critics, this does not become a deprivation of the
equal protection guarantee. The Court need not belabor the fact that the circumstances of petitioner, as host of Ang Dating
Daan, on one hand, and the INC ministers, as hosts of Ang Tamang Daan, on the other, are, within the purview of this
case, simply too different to even consider whether or not there is a prima facie indication of oppressive inequality.
FREEDOM OF RELIGION
Petitioner next injects the notion of religious freedom, submitting that what he uttered was religious speech, adding that
words like putang babae were said in exercise of his religious freedom.
The Court is at a loss to understand how petitioners utterances in question can come within the pale of Sec. 5, Article III
of the 1987 Constitution on religious freedom. . . There is nothing in petitioners statements subject of the complaints
expressing any particular religious belief, nothing furthering his avowed evangelical mission. The fact that he came out
with his statements in a televised bible exposition program does not automatically accord them the character of a religious
discourse. Plain and simple insults directed at another person cannot be elevated to the status of religious speech. Even
petitioners attempts to place his words in context show that he was moved by anger and the need to seek retribution, not
by any religious conviction. His claim, assuming its veracity, that some INC ministers distorted his statements respecting
amounts Ang Dating Daan owed to a TV station does not convert the foul language used in retaliation as religious speech.
We cannot accept that petitioner made his statements in defense of his reputation and religion, as they constitute no
intelligible defense or refutation of the alleged lies being spread by a rival religious group. They simply illustrate that
petitioner had descended to the level of name-calling and foul-language discourse. Petitioner could have chosen to
contradict and disprove his detractors, but opted for the low road.
FREEDOM OF SPEECH
Petitioner urges the striking down of the decision suspending him from hosting Ang Dating Daan for three months on the
main ground that the decision violates, apart from his religious freedom, his freedom of speech and expression.
The Court rules otherwise. It has been established in this jurisdiction that unprotected speech or low-value expression
refers to libelous statements, obscenity or pornography, false or misleading advertisement, insulting or fighting words,
i.e., those which by their very utterance inflict injury or tend to incite an immediate breach of peace and expression
endangering national security.
The Court finds that petitioners statement can be treated as obscene, at least with respect to the average child. Hence, it
is, in that context, unprotected speech. . .
Even if we concede that petitioners remarks are not obscene but merely indecent speech, still the Court rules that
petitioner cannot avail himself of the constitutional protection of free speech. Said statements were made in a medium
easily accessible to children. With respect to the young minds, said utterances are to be treated as unprotected speech.
No doubt what petitioner said constitutes indecent or offensive utterances. . .
After a careful examination of the factual milieu and the arguments raised by petitioner in support of his claim to free
speech, the Court rules that the governments interest to protect and promote the interests and welfare of the children
adequately buttresses the reasonable curtailment and valid restraint on petitioners prayer to continue as program host of
Ang Dating Daan during the suspension period . . .
Eliseo F. Soriano vs. Ma. Consoliza P. Laguardia etc., G.R. No. 164785/G.R. No. 165636, April 29, 2009.
Constitutional Law
ADMINISTRATIVE REGULATION; VOID.
Executive Order No. 566, which grants the CHED the power to regulate review center, is unconstitutional as it expands
Republic Act No. 7722,. The CHEDs coverage under RA 7722 is limited to public and private institutions of higher
education and degree-granting programs in all public and private post-secondary educational institutions. EO 566 directed
the CHED to formulate a framework for the regulation of review centers and similar entities.
A review center is not an
institution of higher learning as contemplated by RA 7722. It does not offer a degree-granting program that would put it
under the jurisdiction of the CHED. Review Center Associations of the Philippines vs. Executive Secretatry Eduardo Ermita,
et al., G.R. No. 180046, April 2, 2009.
AGRARIAN REFORM; COVERAGE.
For the parcels of land subject of this petition to come within the coverage of P.D. No. 27, it is necessary to determine
whether the land is agricultural. Here, the subject parcels of land cannot be considered as within the ambit of P.D. No. 27
considering that the subject lots were reclassified by the DAR Secretary as suited for residential, commercial, industrial or
other urban purposes way before petitioner filed a petition for emancipation under P.D. No. 27. Laureano V. Hermoso, et
al. vs. Heirs of Antonio Francia and Petra Francia, G.R. No. 166748, April 24, 2009.
COMPENSATION.
Officers who in good faith have discharged the duties pertaining to their office are legally entitled to the compensation
attached to the office for the services they actually rendered. Although the present petition must inevitably be dismissed
on a technicality that serves as penalty for the pernicious practice of forum shopping, the Court nevertheless cannot
countenance the refund of the compensation differential corresponding to petitioners tenure as HEDF head with the
upgraded rank of Director III, since she had actually rendered services in the office with the elevated grade for that
period. Alicia D. Tagaro vs. Ester A. Garcia, etc.,G.R. No. 173931, April 2, 2009.
COMELEC; VOTING.
Section 5 (a)of Rule 3 of the Comelec Rules of Procedure and Section 7 of Article IX-A of the Constitution require that a
majority vote of all the members of the Comelec, and not only those who participated and took part in the deliberations, is
necessary for the pronouncement of a decision, resolution, order or ruling. Rodante Marcoleta, et al. vs. Commission on
Elections, et al./ Alagad Party-list represented by Diogenes S. Osabel, President vs. Commission on Elections, et al .,G.R.
No. 181377, April 24, 2009.
DEPORTATION; POWER.
The settled rule is that the entry or stay of aliens in the Philippines is merely a privilege and a matter of grace; such
privilege is not absolute or permanent and may be revoked. However, aliens may be expelled or deported from the
Philippines only on grounds and in the manner provided for by the Constitution, the Philippine Immigration Act of 1940, as
amended, and administrative issuances pursuant thereto.
It must be remembered that aliens seeking entry in the Philippines do not acquire the right to be admitted into the country
by the simple passage of time. When an alien, such as respondent, has already physically gained entry in the country, but
such entry is later found unlawful or devoid of legal basis, the alien can be excluded anytime after it is found that he was
not lawfully admissible at the time of his entry. Every sovereign power has the inherent power to exclude aliens from its
territory upon such grounds as it may deem proper for its self-preservation or public interest. The power to deport aliens is
an act of State, an act done by or under the authority of the sovereign power. It is a police measure against undesirable
aliens whose continued presence in the country is found to be injurious to the public good and the domestic tranquility of
the people. The Secretary of Justice, et al. vs. Christopher Koruga, G.R. No. 166199, April 24, 2009.
DOUBLE JEOPARDY.
The elements of double jeopardy are (1) the complaint or information was sufficient in form and substance to sustain a
conviction; (2) the court had jurisdiction; (3) the accused had been arraigned and had pleaded; and (4) the accused was
convicted or acquitted or the case was dismissed without his express consent. These elements are present here: (1) the
Information filed in Criminal Case No. 96-413 against Postanes was sufficient in form and substance to sustain a
conviction; (2) the MeTC had jurisdiction over Criminal Case No. 96-413; (3) Postanes was arraigned and entered a nonguilty plea; and (4) the MeTC dismissed Criminal Case No. 96-413 on the ground of insufficiency of evidence amounting to
an acquittal from which no appeal can be had. Clearly, for this Court to grant the petition and order the MeTC to
reconsider its decision, just what the RTC ordered the MeTC to do, is to transgress the Constitutional proscription not to
put any person twice x x x in jeopardy of punishment for the same offense.David Tiu vs. Court of Appeals and Edgardo
Postanes, G.R. No. 162370, April 21, 2009.
DUE PROCESS; COURT DECISIONS.
Faithful adherence to Section 14, Article VIII of the 1987 Constitution is indisputably a paramount component of due
process and fair play. The parties to a litigation should be informed of how it was decided, with an explanation of the
factual and legal reasons that led to the conclusions of the court.
In the assailed Decision, the Court of Appeals reiterates the rule that a notarized and authenticated deed of sale enjoys the
presumption of regularity, and is admissible without further proof of due execution. On the basis thereof, it declared
Antonio a buyer in good faith and for value, despite petitioners contention that the sale violates public policy. While it is a
part of the right of appellant to urge that the decision should directly meet the issues presented for resolution, mere failure
by the appellate court to specify in its decision all contentious issues raised by the appellant and the reasons for refusing
to believe appellants contentions is not sufficient to hold the appellate courts decision contrary to the requirements of the
law and the Constitution. So long as the decision of the Court of Appeals contains the necessary findings of facts to
warrant its conclusions, we cannot declare said court in error if it withheld any specific findings of fact with respect to the
evidence for the defense. We will abide by the legal presumption that official duty has been regularly performed,and all
matters within an issue in a case were laid down before the court and were passed upon by it. Marissa R. Unchuan vs.
Antonio J.P. Lozada, Anita Lozada and the Register of Deeds of Cebu City, G.R. No. 172671, April 16, 2009.
Ecozone. R.A. No. 7903 does not authorize the ZAMBOECOZONE Authority to operate and/or license games of
chance/gambling. Philippine Amusement and Gaming Corporation, etc. vs. Philippine EGaming Jurisdiction, Incorporated
(PEJI) Zamboanga City Special Economic Zone Authority (ZAMBOECOZONE), et al., G.R. No. 177333, April 24, 2009.
Excise tax. Section 145 of the Tax Code, as amended by RA 9334: (1) does not violate the equal protection and
unformity of taxation clauses; (2) does not violate the constitutional prohibition on unfair competition; and (3) does not
vilate the constitutional prohibition on regresssive and inequitable taxation. British American Tobacco vs. Jose Isidro N.
Camacho, et al. G.R. No. 163583, April 15, 2009.
FREEDOM OF EXPRESSION.
Jurisprudence distinguishes between a content-neutral regulation, i.e., merely concerned with the incidents of the speech,
or one that merely controls the time, place or manner, and under well defined standards; and a content-based restraint or
censorship, i.e., the restriction is based on the subject matter of the utterance or speech. Content-based laws are
generally treated as more suspect than content-neutral laws because of judicial concern with discrimination in the
regulation of expression. Content-neutral regulations of speech or of conduct that may amount to speech, are subject to
lesser but still heightened scrutiny. Ostensibly, the act of an LGU requiring a business of proof that the property from which
it operates has been zoned for commercial use can be argued, when applied to a radio station, as content-neutral since
such a regulation would presumably apply to any other radio station or business enterprise within the LGU.
However, the circumstances of this case dictate that we view the action of the respondents as a content-based restraint.
The Court is of the position that the actions of the respondents warrant heightened or strict scrutiny from the Court, the
test which we have deemed appropriate in assessing content-based restrictions on free speech, as well as for laws dealing
with freedom of the mind or restricting the political process, of laws dealing with the regulation of speech, gender, or race
as well as other fundamental rights as expansion from its earlier applications to equal protection. The immediate
implication of the application of the strict scrutiny test is that the burden falls upon respondents as agents of government
to prove that their actions do not infringe upon petitioners constitutional rights. As content regulation cannot be done in
the absence of any compelling reason, the burden lies with the government to establish such compelling reason to infringe
the right to free expression. Newsounds Broadcasting Network, Inc., et al. vs. Hon. Ceasar G. Dy, et al., G.R. No.
170270/G.R. No. 179411, April 2, 2009.
IMMUNITY FROM SUIT.
GTZ consistently has been unable to establish with satisfaction that it enjoys the immunity from suit generally enjoyed by
its parent country, the Federal Republic of Germany. Consequently, both the Labor Arbiter and the Court of Appeals acted
within proper bounds when they refused to acknowledge that GTZ is so immune by dismissing the complaint against it.
Our finding has additional ramifications on the failure of GTZ to properly appeal the Labor Arbiters decision to the NLRC.
As pointed out by the OSG, the direct recourse to the Court of Appeals while bypassing the NLRC could have been
sanctioned had the Labor Arbiters decision been a patent nullity. Since the Labor Arbiter acted properly in deciding the
complaint, notwithstanding GTZs claim of immunity, we cannot see how the decision could have translated into a patent
nullity. Deutsche Gesellschaft fur Techniche Vs. Hon. Court of Appeals, et al., G.R. No. 152318, April 16, 2009.
INQUIRY IN AID OF LEGISLATION.
A legislative investigation in aid of legislation and court proceedings has different purposes. On one hand, courts conduct
hearings or like adjudicative procedures to settle, through the application of a law, actual controversies arising between
adverse litigants and involving demandable rights. On the other hand, inquiries in aid of legislation are, inter alia,
undertaken as tools to enable the legislative body to gather information and, thus, legislate wisely and effectively; and to
determine whether there is a need to improve existing laws or enact new or remedial legislation, albeit the inquiry need
not result in any potential legislation. On-going judicial proceedings do not preclude congressional hearings in aid of
legislation.
While Sabio and Standard Chartered Bank advert only to pending criminal and administrative cases before lower courts as
not posing a bar to the continuation of a legislative inquiry, there is no rhyme or reason that these cases doctrinal
pronouncement and their rationale cannot be extended to appealed cases and special civil actions awaiting final disposition
before this Court. . .
When the Committee issued invitations and subpoenas to petitioners to appear before it in connection with its investigation
of the aforementioned investments, it did so pursuant to its authority to conduct inquiries in aid of legislation. This is
clearly provided in Art. VI, Sec. 21 of the Constitution, which was quoted at the outset. And the Court has no authority to
prohibit a Senate committee from requiring persons to appear and testify before it in connection with an inquiry in aid of
legislation in accordance with its duly published rules of procedure. Sabio emphasizes the importance of the duty of those
subpoenaed to appear before the legislature, even if incidentally incriminating questions are expected to be asked. Reghis
M. Romero II, Edmond Q. Sese, Leopoldo T. Sanchez, Reghis M. Romero III, Michael L. Romero, Nathaniel L. Romero and
Jerome R. Canals vs. Sen. Jinggoy E. Estrada and Senate Committee on Labor, Employment and Human Resources
Development, G.R. No. 174105, April 2, 2009.
JUDICIAL REVIEW.
It is beyond cavil that the BI has the exclusive authority and jurisdiction to try and hear cases against an alleged alien, and
that the BOC has jurisdiction over deportation proceedings. Nonetheless, Article VIII, Section 1 of the Constitution has
vested power of judicial review in the Supreme Court and the lower courts such as the CA, as established by law. Although
the courts are without power to directly decide matters over which full discretionary authority has been delegated to the
legislative or executive branch of the government and are not empowered to execute absolutely their own judgment from
that of Congress or of the President, the Court may look into and resolve questions of whether or not such judgment has
been made with grave abuse of discretion, when the act of the legislative or executive department is contrary to the
Constitution, the law or jurisprudence, or when executed whimsically, capriciously or arbitrarily out of malice, ill will or
personal bias. The Secretary of Justice, et al. vs. Christopher Koruga, G.R. No. 166199, April 24, 2009.
JUDICIAL REVIEW; POLITICAL QUESTION.
In asking the Supreme Court to declare Section 19 of the Oil Deregulation Law as unconstitutional for contravening
Section 19, Article XII of the Constitution, petitioner invokes the exercise by the Supreme Court of its power of judicial
review, which power is expressly recognized under Section 4(2), Article VIII of the Constitution. The power of judicial
review is the power of the courts to test the validity of executive and legislative acts for their conformity with the
Constitution. Through such power, the judiciary enforces and upholds the supremacy of the Constitution. For a court to
exercise this power, certain requirements must first be met, namely:
(1)
(2)
the person challenging the act must have standing to challenge; he must have a personal and substantial interest
in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement;
(3)
the question of constitutionality must be raised at the earliest possible opportunity; and
(4)
the issue of constitutionality must be the very lis mota of the case.
The Supreme Court ruled that that the issues petitioner presented to thee Supreme Court are non-justiciable matters that
preclude the Supreme Court from exercising its power of judicial review. The immediate implementation of full
deregulation of the local downstream oil industry is a policy determination by Congress which the Supreme Court cannot
overturn without offending the Constitution and the principle of separation of powers. Congressman Enrique T. Garcia Vs.
The Executive Secretary, et al. G.R. No. 157584, April 2, 2009.
JUST COMPENSATION.
The Special Agrarian Court and the Court of Appeals committed no reversible error when it ruled that it is the provisions of
RA 6657 that is applicable to the present case. The SAC arrived at the just compensation for respondents property after
taking into consideration the commissioners report on the nature of the subject landholding, its proximity from the city
proper, its use, average gross production, and the prevailing value of the lands in the vicinity. The SAC correctly
determined the amount of just compensation due to respondents in accordance with, and guided by, RA 6657 and existing
jurisprudence. Land Bank of the Philippines vs. Carolina vda. de Abello, et al., G.R. No. 168631, April 7, 2009.
PARTISAN POLITICAL ACTIVITY.
Robles act of submitting a nomination list for BUHAY cannot, without more, be considered electioneering or partisan
political activity within the context of the Election Code. The twin acts of signing and filing a Certificate of Nomination are
purely internal processes of the party or organization and are not designed to enable or ensure the victory of the candidate
in the elections. The act of Robles of submitting the certificate nominating Velarde and others was merely in compliance
with the COMELEC requirements for nomination of party-list representatives and, hence, cannot be treated as
electioneering or partisan political activity proscribed under by Sec. 2(4) of Art. IX(B) of the Constitution for civil
servants. Dr. Hans Christian M. Seeres vs. Commission on Elections and Melquiades A. Robles, G.R. No. 178678, April
16, 2009.
PARTY LIST.
In determining the allocation of seats for party-list representatives under Section 11 of R.A. No. 7941, the following
procedure shall be observed:
(1)
The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of
votes they garnered during the elections.
(2)
The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list
system shall be entitled to one guaranteed seat each.
(3)
Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional
seats in proportion to their total number of votes until all the additional seats are allocated.
(4)
Each party, organization, or coalition shall be entitled to not more than three (3) seats.
In computing the additional seats, the guaranteed seats shall no longer be included because they have already been
allocated, at one seat each, to every two-percenter. Thus, the remaining available seats for allocation as additional
seats are the maximum seats reserved under the Party List System less the guaranteed seats. Fractional seats are
disregarded in the absence of a provision in R.A. No. 7941 allowing for a rounding off of fractional seats. Barangay
Association for National Advancement and Transparency (BANAT) vs. Commission on Elections/ Bayan Muna, et al. vs.
Commission on Elections, G.R. No. 179271/G.R. No. 179295, April 21, 2009.
POLICE POWER.
Police power to prescribe regulations to promote the health, morals, education, good order or safety, and the general
welfare of the people flows from the recognition that salus populi est suprema lex the welfare of the people is the
supreme law. Police power primarily rests with the legislature although it may be exercised by the President and
administrative boards by virtue of a valid delegation. Here, no delegation of police power exists under RA 7722 authorizing
the President to regulate the operations of non-degree granting review centers. Review Center Associations of the
Philippines vs. Executive Secretatry Eduardo Ermita, et al.,G.R. No. 180046, April 2, 2009.
PUBLIC DOMAIN; CLASSIFICATION.
The classification of lands of the public domain is of two types, i.e., primary classification and secondary classification. The
primary classification comprises agricultural, forest or timber, mineral lands, and national parks. These are lands
specifically mentioned in Section 3, Article XII of the Constitution. The same provision of the Constitution, however, also
states that agricultural lands of the public domain may further be classified by law according to the uses to which they may
be devoted. This further classification of agricultural lands is referred to as secondary classification.
Under existing laws, Congress has granted authority to a number of government agencies to effect the secondary
classification of agricultural lands to residential, commercial or industrial or other urban uses. Laureano V. Hermoso, et al.
vs. Heirs of Antonio Francia and Petra Francia, G.R. No. 166748, April 24, 2009.
Public Land Act; encumbrance. Section 118 of the Public Land Act, as amended, prohibits any encumbrance or alienation of
lands acquired under homestead provisions from the date of the approval of application and for a term of five years from
and after the date of issuance of the patent or grant. The same provision provides that no alienation, transfer, or
conveyance of any homestead after five years and before 25 years after issuance of title shall be valid without the approval
of the Secretary of Agriculture and Natural Resources, which approval shall not be denied except on constitutional and
legal grounds.
A homestead patent is one of the modes to acquire title to public lands suitable for agricultural purposes. Under the Public
Land Act, as amended, a homestead patent is one issued to any citizen of this country, over the age of 18 years or the
head of a family, and who is not the owner of more than 24 hectares of land in the country. To be qualified, the applicant
must show that he has resided continuously for at least one year in the municipality where the land is situated and must
have cultivated at least one-fifth of the land applied for.
The Court also cannot consider the subject property to have been held in trust by Hermogenes for and on behalf of Hizon.
Settled is the rule that a homestead applicant must personally comply with the legal requirements for a homestead grant.
The homestead applicant himself must possess the necessary qualifications, cultivate the land, and reside thereon. It
would be a circumvention of the law if an individual were permitted to apply in behalf of another, as the latter may be
disqualified or might not comply with the residency and cultivation requirements. Marcelino Lopez, et al. vs. Hon. Court of
Appeals, et al./ Noel Rubber and Development Corp, et al. vs. Jose Esquivel, Jr., et al.,G.R. No. 168734/G.R. No. 170621,
April 24, 2009.
Small scale mining permits. Petitioners small-scale mining permits are legally questionable. Under Presidential Decree No.
1899, applications of small-scale miners are processed with the Director of the Mines and Geo-Sciences Bureau. Pursuant
to Republic Act No. 7076, which took effect on 18 July 1991, approval of the applications for mining permits and for mining
contracts are vested in the Provincial/City Mining Regulatory Board. Composed of the DENR representative, a
representative from the small-scale mining sector, a representative from the big-scale mining industry and a
representative from an environmental group, this body is tasked to approve small-scale mining permits and contracts.
In the case under consideration, petitioners filed their small-scale mining permits on 23 August 1991, making them bound
by the procedures provided for under the applicable and prevailing statute, Republic Act No. 7076. Instead of processing
and obtaining their permits from the Provincial Mining Regulatory Board, petitioners were able to get the same from the
governor of Davao del Norte. Considering that the governor is without legal authority to issue said mining permits, the
same permits are null and void. Leonora P. Calanza, et al. vs. Paper Industries Corp., et al., G.R. No. 146622, April 24,
2009.
SPEEDY TRIAL.
Under the circumstances of the cases, the right to the accused to a speedy tril was not violated. Dante Tan vs. People of
the Philippines, G.R. No. 173637, April 21, 2009.
SUBPOENA; CONGRESS.
PS Resolution Nos. 537 and 543 were passed in 2006 and the letter-invitations and subpoenas directing the petitioners to
appear and testify in connection with the twin resolutions were sent out in the month of August 2006 or in the past
Congress. On the postulate that the Senate of each Congress acts separately and independently of the Senate before and
after it, the aforesaid invitations and subpoenas are considered functos oficio and the related legislative inquiry conducted
is, for all intents and purposes, terminated. Reghis M. Romero II, Edmond Q. Sese, Leopoldo T. Sanchez, Reghis M.
Romero III, Michael L. Romero, Nathaniel L. Romero and Jerome R. Canals vs. Sen. Jinggoy E. Estrada and Senate
Committee on Labor, Employment and Human Resources Development, G.R. No. 174105, April 2, 2009.
USURPATION OF LEGISLATIVE POWER.
EO 566 in this case is not supported by any enabling law. Since EO 566 is an invalid exercise of legislative power, the RIRR
is also an invalid exercise of the CHEDs quasi-legislative power. Review Center Associations of the Philippines vs.
Executive Secretatry Eduardo Ermita, et al. G.R. No. 180046, April 2, 2009.
WARRANTLESS SEARCH.
There is no question that the police officers went to the house of petitioner because of the information relayed by Sunit
that petitioner had in his possession illegally cut lumber. When the police officers arrived at the house of petitioner, the
lumber were lying around the vicinity of petitioners house. The lumber were in plain view. Under the plain view doctrine,
objects falling in plain view of an officer who has a right to be in the position to have that view are subject to seizure and
may be presented as evidence. When asked whether he had the necessary permit to possess the lumber, petitioner failed
to produce one. Petitioner merely replied that the lumber in his possession was intended for the repair of his house and for
his furniture shop. There was thus probable cause for the police officers to confiscate the lumber. There was, therefore, no
necessity for a search warrant. The seizure of the lumber from petitioner who did not have the required permit to possess
the forest products cut is sanctioned by Section 68 of the Forestry Code. Olympio Revaldo vs. People of the Philippines,
G.R. No. 170589, April 16, 2009.
WARRANTLESS ARREST.
On whether the police officers had the authority to arrest petitioner, even without a warrant, Section 80 of the Forestry
Code authorizes the forestry officer or employee of the DENR or any personnel of the PNP to arrest, even without a
warrant, any person who has committed or is committing in his presence any of the offenses defined by the Forestry Code
and to seize and confiscate the tools and equipment used in committing the offense or the forest products gathered or
taken by the offender. Petitioner was in possession of the lumber without the necessary documents when the police
officers accosted him. In open court, petitioner categorically admitted the possession and ownership of the confiscated
lumber as well as the fact that he did not have any legal documents therefor and that he merely intended to use the
lumber for the repair of his dilapidated house. Mere possession of forest products without the proper documentation
consummates the crime. Dura lex sed lex. The law may be harsh but that is the law. Olympio Revaldo vs. People of the
Philippines, G.R. No. 170589, April 16, 2009.
Election Law
ELECTION CONTESTS.
Once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the House of
Representatives, the jurisdiction of the House of Representatives Electoral Tribunal begins over election contests relating
to his election, returns, and qualifications, and mere allegation as to the invalidity of her proclamation does not divest the
Electoral Tribunal of its jurisdiction. Jocelyn Sy Limkaichong vs. COMELEC, G.R. Nos. 178831-32/G.R. No. 179120/G.R.
Nos. 179132-33/G.R. Nos. 179240-41, April 1, 2009.
ELECTION PROTESTS.
Jurisprudence makes it clear that the mere filing of a petition denominated as a pre-proclamation case or one seeking the
annulment of a proclamation will not suspend the ten-day period for filing an election protest. It is required that the issues
raised in such a petition be restricted to those that may be properly included therein. in the absence of any clear showing
or proof that the election returns canvassed are incomplete or contain material defects; appear to have been tampered
with, falsified or prepared under duress; and/or contain discrepancies in the votes credited to any candidate, which would
affect the result of the election, a petition cannot be properly considered as a pre-proclamation controversy. The purpose
of a pre-proclamation controversy is to ascertain the winner or winners in the election on the basis of the election returns
duly authenticated by the board of inspectors and admitted by the board of canvassers. It is a well-entrenched rule that
the Board of Canvassers and the COMELEC are not to look beyond or behind electoral returns. A pre-proclamation
controversy is summary in nature. It is the policy of the election law that pre-proclamation controversies be summarily
decided, consistent with the laws desire that the canvass and proclamation be delayed as little as possible. There is no
room for the presentation of evidence aliunde, the inspection of voluminous documents, and for meticulous technical
examination. That is why such questions as those involving the appreciation of votes and the conduct of the campaign and
balloting, which require more deliberate and necessarily longer consideration, are left for examination in the corresponding
election protest. Harlin Castillo Abayon Vs. Commission on Elections, et al., G.R. No. 181295, April 2, 2009.
Administrative Law
DISHONESTY.
The Code of Conduct and Ethical Standards for Public Officials and Employees enunciates the States policy of promoting a
high standard of ethics and utmost responsibility in the public service. And no other office in the government service
exacts a greater demand for moral righteousness and uprightness from an employee than in the judiciary. Persons involved
in the dispensation of justice, from the highest official to the lowest clerk, must live up to the strictest standards of
integrity, probity, uprightness and diligence in the public service. As the assumption of public office is impressed with
paramount public interest, which requires the highest standards of ethical standards, persons aspiring for public office
must observe honesty, candor and faithful compliance with the law.
While dishonesty is considered a grave offense punishable by dismissal even at the first instance, jurisprudence is replete
with cases where the Court lowered the penalty of dismissal to suspension taking into account the presence of mitigating
circumstances such as length of service in the government and being a first time offender. Office of the Court
Administrator Vs. Ma. Celia A. Flores, A.M. No. P-07-2366, April 16, 2009.
RE-ASSIGNMENT; DETAIL.
A reassignment is a movement of an employee from one organizational unit to another in the same department or agency
which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment. A detail,
on the other hand, is a movement from one agency to another. National Transmission Corp. Vs. Venusto
This Supreme Courts power of review may be awesome, but it is limited to actual cases and controversies dealing with
parties having adversely legal claims, to be exercised after full opportunity of argument by the parties, and limited further
to the constitutional question raised or the very lis mota presented. The case-or-controversy requirement bans this court
from deciding abstract, hypothetical or contingent questions, lest the court give opinions in the nature of advice
concerning legislative or executive action. Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano vs. Speaker
Prospero C. Nograles, Representative, Majority, House of Representatives / Louis Barok C. Biraogo vs. Speaker Prospero
C. Nograles, Representative, Congress of the Philippines, G.R. No. 187883, June 16, 2009.
JUDICIAL REVIEW; RIPENESS FOR ADJUDICATION.
An aspect of the case-or-controversy requirement is the requisite of ripeness. In the United States, courts are centrally
concerned with whether a case involves uncertain contingent future events that may not occur as anticipated, or indeed
may not occur at all. Another approach is the evaluation of the twofold aspect of ripeness: first, the fitness of the issues
for judicial decision; and second, the hardship to the parties entailed by withholding court consideration. In
our jurisdiction, the issue of ripeness is generally treated in terms of actual injury to the plaintiff. Hence, a question is ripe
for adjudication when the act being challenged has had a direct adverse effect on the individual challenging it. An
alternative road to review similarly taken would be to determine whether an action has already been accomplished or
performed by a branch of government before the courts may step in.
Atty. Oliver O. Lozano and Atty. Evangeline J.
Lozano-Endriano vs. Speaker Prospero C. Nograles, Representative, Majority, House of Representatives / Louis Barok C.
Biraogo vs. Speaker Prospero C. Nograles, Representative, Congress of the Philippines, G.R. No. 187883, June 16, 2009.
JUDICIAL REVIEW; STANDING TO SUE.
Generally, a party will be allowed to litigate only when he can demonstrate that (1) he has personally suffered some actual
or threatened injury because of the allegedly illegal conduct of the government; (2) the injury is fairly traceable to the
challenged action; and (3) the injury is likely to be redressed by the remedy being sought. In the cases at bar, petitioners
have not shown the elemental injury in fact that would endow them with the standing to sue. Locus standi requires a
personal stake in the outcome of a controversy for significant reasons. It assures adverseness and sharpens the
presentation of issues for the illumination of the Court in resolving difficult constitutional questions. The lack of petitioners
personal stake in this case is no more evident than in Lozanosthree-page petition that is devoid of any legal or
jurisprudential basis.
Neither can the lack of locus standi be cured by the claim of petitioners that they are instituting the cases at bar as
taxpayers and concerned citizens. A taxpayers suit requires that the act complained of directly involves the illegal
disbursement of public funds derived from taxation. It is undisputed that there has been no allocation or disbursement of
public funds in this case as of yet. To be sure, standing as a citizen has been upheld by this Court in cases where a
petitioner is able to craft an issue of transcendental importance or when paramount public interest is involved. While the
Court recognizes the potential far-reaching implications of the issue at hand, the possible consequence of House Resolution
No. 1109 is yet unrealized and does not infuse petitioners with locus standi under the transcendental importance
doctrine.
The rule on locus standi is not a plain procedural rule but a constitutional requirement derived from Section 1, Article VIII
of the Constitution, which mandates courts of justice to settle only actual controversies involving rights which are legally
demandable and enforceable.
Moreover, while the Court has taken an increasingly liberal approach to the rule of locus standi, evolving from the stringent
requirements of personal injury to the broader transcendental importance doctrine, such liberality is not to be abused.
It is not an open invitation for the ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit.
Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano vs. Speaker Prospero C. Nograles, Representative,
Majority, House of Representatives/Louis Barok C. Biraogo vs. Speaker Prospero C. Nograles, Representative, Congress
of the Philippines, G.R. No. 187883, June 16, 2009.
SPEEDY DISPOSITION OF CASES.
In ascertaining whether the right to speedy disposition of cases has been violated, the following factors must be
considered: (1) the length of delay; (2) the reasons for the delay; (3) the assertion or failure to assert such right by the
accused; and (4) the prejudice caused by the delay. The right to a speedy disposition of cases is considered violated only
when the proceedings are attended by vexatious, capricious, and oppressive delays. A mere mathematical reckoning of the
time involved is not sufficient. In the application of the constitutional guarantee of the right to a speedy disposition of
cases, particular regard must also be taken of the facts and circumstances peculiar to each case.
In Bernat v. Sandiganbayan, the Court denied petitioners claim of denial of his right to a speedy disposition of cases
considering that the petitioner in that case chose to remain silent for eight years before complaining of the delay in the
disposition of his case. The Court ruled that petitioner failed to seasonably assert his right and he merely sat and waited
from the time his case was submitted for resolution. In this case, petitioner similarly failed to assert his right to a speedy
disposition of his case. He did not take any step to accelerate the disposition of his case. He only invoked his right to a
speedy disposition of cases after the Sandiganbayan promulgated its decision convicting him for malversation of public
funds. Petitioners silence may be considered as a waiver of his right. Raul S. Tello vs. People of the Philippines, G.R. No.
165781, June 5, 2009
UNDUE DELEGATION OF LEGISLATIVE POWER.
Revenue Regulations Nos. 9-2003, 22-2003, and Revenue Memorandum Order No. 6-2003, as pertinent to cigarettes
packed by machine, are invalid insofar as they grant the BIR the power to reclassify or update the classification of new
brands every two years or earlier. Hon. Secretary of Finance, et al. vs. La Suerte Cigar and Cigarette Factory, et al., G.R.
No. 166498. June 11, 2009.
Local Government Code
BOUNDARY DISPUTES BETWEEN CITIES.
Now that Makati is already a highly urbanized city, the parties should follow Section 118(d) of the Local Government Code
(LGC) and should opt to amicably settle this dispute by joint referral to the respective sanggunians of the parties. This has
become imperative because, after all, no attempt had been made earlier to settle the dispute amicably under the aegis of
the LGC. The specific provision of the LGC, now made applicable because of the altered status of Makati, must be complied
with. In the event that no amicable settlement is reached, as envisioned under Section 118(e) of the LGC,
a certification shall be issued to that effect, and the dispute shall be formally tried by the Sanggunian concerned within
sixty (60) days from the date of the aforementioned certification. In this regard, Rule III of the Rules and
Regulations Implementing the LGC shall govern. Municipality of Pateros vs.The Honorable Court of Appeals, et al., G.R. No.
157714, June 16, 2009
Administrative and Civil Service Law
EXHAUSTION OF ADMINISTRATIVE REMEDIES.
The petitioners failed to appeal the decision of the Adjudication and Settlement Board (ASB) of the Commission on Audit to
the Commission on Audit proper before filing the petition for certiorari with the Supreme Court, in derogation of the
principle of exhaustion of administrative remedies. The general rule is that before a party may seek the intervention of the
court, he should first avail himself of all the means afforded him by administrative processes. The issues
which administrative agencies are authorized to decide should not be summarily taken from them and submitted to the
court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. It is,
therefore, imperative that the Commission Proper be first given the opportunity to review the decision of the ASB. Only
after the Commission shall have acted thereon may a petition for certiorari be brought to the Supreme Court by the
aggrieved party. While the principle of exhaustion of administrative remedies admits of exceptions, the Supreme Court did
not find any cogent reason to apply the cited exceptions to the instant case. The non-observance of the doctrine results in
the petition having no cause of action, thus, justifying its dismissal. Joseph Peter Sison, et al. vs. Rogelio Tablang, G.R. No.
177011, June 5, 2009.
PREVENTIVE SUSPENSION.
There are two kinds of preventive suspension of government employees charged with offenses punishable by removal or
suspension, viz: (1) preventive suspension pending investigation; and (2) preventive suspension pending appeal if the
penalty imposed by the disciplining authority is suspension or dismissal and, after review, the respondent is exonerated.
Preventive suspension pending investigation is not a penalty. It is a measure intended to enable the disciplining authority
to investigate charges against respondent by preventing the latter from intimidating or in any way influencing witnesses
against him. If the investigation is not finished and a decision is not rendered within that period, the suspension will be
lifted and the respondent will automatically be reinstated. If after investigation, respondent is found innocent of the
charges and is exonerated, he should be reinstated. Civil Service Commission, Anicia De Lima, in her capacity as Regional
Director of CSC-NCR vs. Larry M. Alfonso, G.R. No. 179452, June 11, 2009.
PUBLIC OFFICERS; POWER OF APPOINTMENT.
Well-settled is the rule that an oath of office is a qualifying requirement for a public office, a prerequisite to the full
investiture of the office. Since petitioner petitioner took his oath and assumed office only on February 26, it was only then
that his right to enter into the position became plenary and complete. Prior to such oath, Gasgonia still had the right to
exercise the functions of her office. It is also well to note that per certification issued by Raymond C. Santiago, Accountant
of PCUP, Gasgonia received her last salary for the period covering February 1-25, 2001; and petitioner received his first
salary for the period covering February 26 to March 7, 2001.
Clearly, at the time of respondents appointment on February 23, Gasgonia still was the rightful occupant of the position
and was, therefore, authorized to extend a valid promotional appointment. Chairman Percival C. Chavez, Chair and Chief
Executive Officer, Presidential Commission for the Urban Poor vs. Lourdes R. Ronidel and Honorable Court of Appeals
9th Division, G.R. No. 180941, June 11, 2009.
PUBLIC OFFICERS; HONORARIUM.
An honorarium is defined as something given not as a matter of obligation but in appreciation for services rendered, a
voluntary donation in consideration of services which admit of no compensation in money. Section 15 of R.A. No. 9184
uses the word may which signifies that the honorarium cannot be demanded as a matter of right.
The government is not unmindful of the tasks that may be required of government employees outside of their regular
functions. It agrees that they ought to be compensated; thus, honoraria are given as a recompense for their efforts and
performance of substantially similar duties, with substantially similar degrees of responsibility and accountability. However,
the payment of honoraria to the members of the BAC and the TWG must be circumscribed by applicable rules and
guidelines prescribed by the DBM, as provided by law. Section 15 of R.A. No. 9185 is explicit as it states: For this
purpose, the DBM shall promulgate the necessary guidelines. The word shall has always been deemed mandatory, and
not merely directory. Thus, in this case, petitioners should have first waited for the rules and guidelines of the DBM before
payment of the honoraria. As the rules and guidelines were still forthcoming, petitioners could not just award themselves
the straight amount of 25% of their monthly basic salaries as honoraria. This is not the intendment of the law. Joseph
Peter Sison, et al. vs. Rogelio Tablang, G.R. No. 177011, June 5, 2009.
Election law
DISQUALIFICATION FOR PUBLIC OFFICE.
R.A. No. 9225 was enacted to allow re-acquisition and retention of Philippine citizenship for: 1) natural-born citizens who
have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and 2) natural-born
citizens of the Philippines who, after the effectivity of the law, become citizens of a foreign country. The law provides that
they are deemed to have re-acquired or retained their Philippine citizenship upon taking the oath of allegiance.
In the instant case, petitioners Oath of Allegiance and Certificate of Candidacy did not comply with Section 5(2) of R.A.
No. 9225 which further requires those seeking elective public office in the Philippines to make a personal and
sworn renunciation of foreign citizenship. Petitioner failed to renounce his American citizenship; as such, he
is disqualified from running for vice-mayor of Guimba, Nueva Ecija in the May 14, 2007 elections. Roseller De Guzman vs.
Commission on Elections, et al., G.R. No. 180048, June 19, 2009.
ELECTION CASE; MOOT.
A case becomes moot when there is no more actual controversy between the parties or no useful purpose can be served in
passing upon the merits. Courts will not determine a moot question in a case in which no practical relief can be granted. It
is unnecessary to indulge in academic discussion of a case presenting a moot question, as a judgment thereon cannot have
any practical legal effect or, in the nature of things, cannot be enforced.
Since the present Petition is grounded on petitioner Baldos specific objections to the 26 ERs in the previous local elections,
no practical or useful purpose would be served by still passing on the merits thereof. Even if the Court sets aside the
assailed COMELEC Resolutions and orders the exclusion of the disputed ERs from the canvass of votes, and as a result
thereof, petitioner Baldo would emerge as the winning candidate for municipal mayor of Camalig, Albay, in the 10 May
2004 local elections, it would be an empty victory. It is already impossible for petitioner Baldo to still assume office as
municipal mayor of Camalig, Albay, elected in the 10 May 2004 local elections, since his tenure as such had ended on 30
June 2007. Petitioner Baldo himself is currently occupying the very same office as the winning candidate in the 14 May
2007 local elections. Irrefragably, the Court can no longer grant to petitioner Baldo any practical relief capable of
enforcement. Consequently, the Court is left with no other recourse than to dismiss the instant Petition on the ground
of mootness. Carlos Irwin G. Baldo vs. Commission on Elections. et al., G.R. No. 176135, June 16, 2009.
Agrarian law
JURISIDICTION; DAR.
Under Section 50 of Rep. Act No. 6657, the DAR is vested with primary jurisdiction to determine and adjudicate agrarian
reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian
reform. An agrarian dispute refers to any controversy relating to, inter alia, tenancy over lands devoted to agriculture.
Under Section 3(d) of Rep. Act No. 6657, an agrarian dispute refers to any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes
concerning farmworkers associations or representation of persons in negotiating, fixing, maintaining, changing or seeking
to arrange terms or conditions of such tenurial arrangements. It includes any controversy relating to compensation of
lands acquired under this Act and other terms and conditions of transfer of ownership from landowner to farmworkers,
tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator
and beneficiary, landowner and tenant, or lessor and lessee. It refers to any controversy relating to, inter alia, tenancy
over lands devoted to agriculture. Zosimo Octavio and Jesus Albona (substituted by his wife, Violeta Albona) vs. Enrico
R. Perovano, G.R. No. 172400, June 23, 2009.
JURISDICTION;
DAR. DAR has primary jurisdiction to determine and adjudicate agrarian reform matters and exclusive
original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the
exclusive jurisdiction of the DA and the DENR. Further exception to the DARs original and exclusive jurisdiction are all
petitions for the determination of just compensation to landowners and the prosecution of all criminal offenses under RA
No. 6657, which are within the jurisdiction of the RTC sitting as a Special Agrarian Court. Thus, jurisdiction on
just compensation cases for the taking of lands under RA No. 6657 is vested in the courts. Land Bank of the Philippines vs.
Rene Ralla Belista, G.R. No. 164631. June 26, 2009.
JUST COMPENSATION; DETERMINATION.
The procedure for the determination of compensation cases under Republic Act No. 6657, as devised by this Court,
commences with the valuation by the LBP of the lands taken by the State from private owners under the land reform
program. Based on the valuation of the land by the LBP, the DAR makes an offer to the landowner through a written
notice. In case the landowner rejects the offer, a summary administrative proceeding is held and, afterwards, depending
on the value of the land, the Provincial Agrarian Reform Adjudicator (PARAD), the Regional Agrarian Reform Adjudicator
(RARAD), or the DARAB, fixes the price to be paid for the said land. If the landowner still does not agree with the price so
fixed, he may bring the matter to the RTC, acting as Special Agrarian Court.
In the process of determining the just compensation due to landowners, it is a necessity that the RTC takes into account
several factors enumerated in Section 17 of Republic Act No. 6657. Land Bank of the Philippines vs. Kumassie Plantation
Company Incorporated/Kumassie Plantation Company Incorporated vs. Land Bank of the Philippines and the Secretary of
the
Department
of
Agrarian
Reform
G.R.
No.
177404/G.R.
No.
178097,
June
25,
2009 .
TENANTS.
Tenants are defined as persons who in themselves and with the aid available from within their immediate farm
households cultivate the land belonging to or possessed by another, with the latters consent, for purposes of
production, sharing the produce with the landholder under the share tenancy system, or paying to the landholder a price
certain or ascertainable in produce or money or both under the leasehold tenancy system.
Based on the foregoing definition of a tenant, entrenched in jurisprudence are the following essential elements of tenancy:
1) the parties are the landowner and the tenant or agricultural lessee; 2) the subject matter of the relationship is
an agricultural land; 3) there is consent between the parties to the relationship; 4) the purpose of the relationship is to
bring about agricultural production; 5) there is personal cultivation on the part of the tenant or agricultural lessee; and 6)
the harvest is shared between landowner and tenant or agricultural lessee. The presence of all these elements must be
proved by substantial evidence. Unless a person has established his status as a de jure tenant, he is not entitled to
security of tenure and is not covered by the Land Reform Program of the Government under existing tenancy laws.
Tenancy relationship cannot be presumed. Claims that one is a tenant do not automatically give rise to security of
tenure. Joaquin Soliman, et al., vs. Pampanga Sugar Development Company (PASUDECO), Inc., and Gerry Rodriguez, G.R.
No. 169589, June 16, 2009.
TENANTS.
The CA held that there is no tenancy relationship between the private respondents and petitioners Apolonia, Carlos,
Lourdes and Rogelio Tarona due to the absence of personal cultivation of the subject landholding by the latter
In arriving at such a finding, the appellate court gave full credence to the evidence proffered by private respondents
showing that the aforementioned petitioners are not residents of the locality where the subject landholding is and neither
are they tenants of any lot thereat. The evidence, among others, consists of the Certification dated October 9, 2003 issued
by the Barangay Captain of Mauban, now Nagbalayong, Morong, Bataan, stating that Apolonia, Carlos, Lourdes and
Rogelio Tarona are not residents therein and that they do not personally cultivate the subject property; and
the Certification of the election officer of Caloocan City showing that said persons are residents and registered voters of
Caloocan City.
We find no reason to disturb the aforesaid finding of the CA. Clearly, private respondents evidence, which significantly the
petitioners failed to refute, more than substantially proved the impossibility of personal cultivation. Petitioners
(intervenors) have already left the place where the subject land lies in Morong, Bataan, and now live in another locality
which is in Caloocan City. Since Bataan is of a considerable distance from Caloocan City, it would undeniably be physically
impossible for the petitioners to personally cultivate the landholding. Leonardo Tarona, et al. vs. Court of Appeals, et al.
G.R. No. 170182. June 18, 2009
Filipino citizens;
(b)
Corporations and associations at least 60% of the capital of which is owned by Filipino citizens, since they have the
capacity to hold lands of the public domain;
(c)
(d) Natural born citizens who have lost their Philippine citizenship subject to limitations provided by law. (see 2 Philippine
Constitutional Law, p. 917 [2004])
One would think that all Philippine lawyers know this fundamental principle but that does not appear to be the case.
In Keld Stemmerik, represented by Attys. Herminio. Liwanag and Winston P.L. Esguerra vs. Atty. Leonuel N. Mas, A.C. No.
8010, June 16, 2009, Keld Stemmerik, a Danish national, expressed interest in buying land in the Philippines and Atty. Mas
advised him that he can legally acquire and own land in the Philippines.
Keld gave Atty. Mas PhP3.8 million as purchase price of the property and returned to Denmark. Atty. Mas then prepared a
contract to sell between Keld (with Atty. Mas as representative) and a certain Bonifacio de Mesa, who allegedly owns the
property. Atty. Mas then prepared and notarized a deed of sale in which de Mesa sold the property to a certain Ailyn
Gonzales for PhP3.8 million. Atty. Mas also drafted an agreement between Keld and Gonzales stating that it was Keld who
provided the funds for the purchase of the property.
After the various agreements were signed, Keld tried to get in touch with Atty. Mas, who never replied to Kelds calls and
email messages. When Keld returned to the Philippines, he learned that he could not own land in the Philippines. In
addition, a verification made at the Community Environment & Natural Resources Office (CENRO) of the Department of
Environment and Natural Resources in Olongapo City revealed that the property was inalienable as it was situated within
the former US Military Reservation.
Keld tried to locate Atty. Mas but never found him. It appears that Atty. Mas abandoned his law practice in Olongapo City.
Keld then filed a complaint for disbarment against Atty. Mas with the Committee on Bar Discipline (CBD) of the Integrated
Bar of the Philippines (IBP). The CBD and the IBP Board of Governors recommended the disbarment of Atty. Mas. The
Supreme Court agreed that Atty. Mas should be disbarred. According to the Supreme Court:
This Court has interpreted [Article XII, Section 7], as early as the 1947 case Krivenko v. Register of Deeds, to mean that
under the Constitution, aliens may not acquire private or agricultural lands, including residential lands. The provision is a
declaration of imperative constitutional policy.
Respondent, in giving advice that directly contradicted a fundamental constitutional policy, showed disrespect for the
Constitution and gross ignorance of basic law. Worse, he prepared spurious documents that he knew were void and illegal.
By making it appear that de Mesa undertook to sell the property to complainant and that de Mesa thereafter sold the
property to Gonzales who made the purchase for and in behalf of complainant, he falsified public documents and knowingly
violated the Anti-Dummy Law.
Respondents misconduct did not end there. By advising complainant that a foreigner could legally and validly acquire real
estate in the Philippines and by assuring complainant that the property was alienable, respondent deliberately foisted a
falsehood on his client. He did not give due regard to the trust and confidence reposed in him by complainant. Instead, he
deceived complainant and misled him into parting with P400,000 for services that were both illegal and unprofessional.
Moreover, by pocketing and misappropriating the P3.8 million given by complainant for the purchase of the property,
respondent committed a fraudulent act that was criminal in nature.
The Supreme Court stated that Atty. Mas showed gross ignorance of the law. Based solely on the facts recounted in the
ruling, it is likely that Atty. Mas knew that aliens could not own land, and for that reason, the deed of sale he prepared was
between de Mesa and Gonzales. If Atty. Mas was not aware of the constitutional prohibition against alien ownership, then
he would have likely placed Keld as the purchaser in the deed of sale. In asking Gonzales to acknowledge that the funds
for the purchase of the property came from Keld, it seems that Atty. Mas was using Gonzales as a dummy for Keld.
Section 11 of Article XIV of the governing 1973 Constitution states that no private corporation or association may hold by
lease, concession, license, or permit, timber or forest lands and other timber or forest resources in excess of one hundred
thousand hectares. Complementing this provision was Chapter I, No. 3(e) of Forestry Administrative Order (FAO) No. 11
prohibiting any individual, corporation, partnership, or association from acquiring a timber license or license agreement
covering an area in excess of 100,000 hectares. Likewise, Chapter I, No. 3(d) of FAO No. 11 states that no individual
corporation, partnership, or association who is already a holder of an ordinary timber license or license agreement nor any
member of the family, incorporator, director, stockholder, or member of such individual, corporation, partnership, or
association shall be allowed to acquire a new timber license or license agreement or any interest or participation in it.
The constitutional and statutory limitations on allowable area leases and concessions were obviously meant to prevent the
concentration of large tracts of public land in the hands of a single individual. Republic of the Philippines vs. Estate of
Alfonso Lim, Sr., et al., G.R. No. 164800, July 22, 2009.
Party List. There are four parameters in a Philippine-style party-list election system:
1.
Twenty percent of the total number of the membership of the House of Representatives is the maximum number of
seats available to party-list organizations, such that there is automatically one party-list seat for every four existing
legislative districts.
2.
Garnering two percent of the total votes cast in the party-list elections guarantees a party-list organization one seat.
The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the
total party-list votes.
3.
The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the
party-list organizations including those that received less than two percent of the total votes. The continued operation of
the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this
threshold mathematically and physically prevents the filling up of the available party-list seats. The additional seats shall
be distributed to the parties in a second round of seat allocation according to the two-step procedure laid down in the
Supreme Courts Decision of 21 April 2009 as clarified in this Resolution.
4.
The three-seat cap is constitutional. The three-seat cap is intended by the Legislature to prevent any party from
dominating the party-list system. There is no violation of the Constitution because the 1987 Constitution does not require
absolute proportionality for the party-list system. The well-settled rule is that courts will not question the wisdom of the
Legislature as long as it is not violative of the Constitution. BANAT vs. COMELEC, G.R. No. 179271/G.R. No. 179295, July
8, 2009.
PRIVATE CORPORATIONS.
Congress cannot enact a law creating a private corporation with a special charter. Such legislation would be
unconstitutional. Private corporations may exist only under a general law. If the corporation is private, it must necessarily
exist under a general law. Stated differently, only corporations created under a general law can qualify as private
corporations. Under existing laws, the general law is the Corporation Code, except that the Cooperative Code governs the
incorporation of cooperatives. The Charter of the Philippine National Red Cross (PNRC) is void insofar as it creates the
PNRC as a private corporation. The PNRC should incorporate under the Corporation Code and register with the Securities
and Exchange Commission if it wants to be a private corporation. Dante Liban, et al. vs. Richard J. Gordon, G.R. No.
175352, July 15, 2009.
RIGHT TO BE INFORMED OF NATURE AND CAUSE OF ACCUSATION.
It is settled that it is the allegations in the Information that determine the nature of the offense, not the technical name
given by the public prosecutor in the preamble of the Information. From a legal point of view, and in a very real sense, it is
of no concern to the accused what is the technical name of the crime of which he stands charged. It in no way aids him in
a defense on the merits. That to which his attention should be directed, and in which he, above all things else, should be
most interested, are the facts alleged. The real question is not did he commit a crime given in the law some technical and
specific name, but did he perform the acts alleged in the body of the information in the manner therein set forth.
Gauging such standard against the wording of the Information in this case, the Supreme Court held that there was no
violation of petitioners rights. The recital of facts and circumstances in the Information sufficiently constitutes the crime of
qualified theft. Sheala P. Matrido vs. People of the Philippines, G.R. No. 179061, July 13, 2009.
SEARCH WARRANTS.
Under Section 12, Chapter V of the Guidelines on the Selection and Appointment of Executive Judges and Defining their
Powers, Prerogatives and Duties, as embodied in A.M. No. 03-8-02-SC,The Executive Judges and, whenever they are on
official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTCs of Manila and
Quezon City shall have authority to act on applications filed by the National Bureau of Investigation (NBI), the Philippine
National Police (PNP) and the Anti-Crime Task Force (ACTAF), for search warrants involving heinous crimes, illegal
gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act
of 2002, the Intellectual Property Code, the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, as
amended, and other relevant laws that may hereafter be enacted by Congress, and included herein by the Supreme Court.
The applications shall be endorsed by the heads of such agencies or their respective duly authorized officials and shall
particularly describe therein the places to be searched and/or the property or things to be seized as prescribed in the Rules
of Court. The Executive Judges and Vice-Executive Judges concerned shall issue the warrants, if justified, which may be
served outside the territorial jurisdiction of the said courts. Re: Request of the Police Director General Avelino I. Razon
for authority to delegate the endorsement of application for search warrant, A.M. No. 08-4-4-SC, July 7, 2009.
SECURITY OF TENURE.
Article IX (B), Section 2(3) of the 1987 Constitution expressly provides that [n]o officer or employee of the civil service
shall be removed or suspended except for cause provided by law. The aforementioned constitutional provision does not
distinguish between a regular employee and a probationary employee.
The constitutional guaranty of security of tenure in the civil service has two legal ramifications. In Tria v. Chairman Patricia
Sto. Tomas, et al., the Supreme Court held that the prohibition against suspension or dismissal of an officer or employee of
the Civil Service except for cause provided by law is a guaranty of both procedural and substantive due process. Not
only must removal or suspension be in accordance with the procedure prescribed by law, but also they can only be made
on the basis of a valid cause provided by law.
Procedural due process basically requires that suspension or dismissal comes only after notice and hearing. Thus, the
minimum requirements of due process are: (1) that the employees or officers must be informed of the charges preferred
against them, and the formal way by which the employees or officers are informed is by furnishing them with a copy of the
charges made against them; and (2) that they must have a reasonable opportunity to present their side of the matter, that
is to say, their defenses against the charges and to present evidence in support of their defenses
Here, the ground the petitioner invoked is not sufficient basis for the respondents dismissal, and her dismissal was
effected without the observance of both procedural and substantive due process. Land Bank of the Philippines vs.
Rowena O. Paden, G.R. No. 157607, July 7, 2009.
WRIT OF HABEAS CORPUS.
The ultimate purpose of the writ of habeas corpus is to relieve a person from unlawful restraint. The writ exists as a
speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense of personal freedom.
Where the restraint of liberty is allegedly authored by the State, the very entity tasked to ensure the liberty of all persons
(citizens and aliens alike) within its jurisdiction, courts must be vigilant in extending the habeas corpus remedy to one who
invokes it. To strictly restrict the great writ of liberty to technicalities not only defeats the spirit that animates the writ but
also waters down the precious right that the writ seeks to protect, the right to liberty. To dilute the remedy that guarantees
protection to the right is to negate the right itself. Thus, the Court will not unduly confine the writ of habeas corpus in the
prison walls of technicality. Otherwise, it will betray its constitutional mandate to promulgate rules concerning the
protection and enforcement of constitutional rights.
Here, petitioners continued imprisonment is by virtue of a valid judgment and court process. Martin Gibbs Fletcher vs.
The Director of Bureau of Corrections or his representative, UDK-14071, July 17, 2009.
Election Law
APPEAL FEE; ELECTION CASES.
Considering that a year has elapsed after the issuance on July 15, 2008 of Comelec Resolution No. 8486, and to further
affirm the discretion granted to the Comelec which it precisely articulated through the specific guidelines contained in said
Resolution, the Supreme Court declared that for notices of appeal filed after the promulgation of its decision, errors in the
matter of non-payment or incomplete payment of the two appeal fees in election cases are no longer excusable. Salvador
Divinagracia, Jr. vs. Commission on Elections and Alex A. Centena, G.R. Nos. 186007 & G.R. No. 186016, July 27, 2009.
APPRECIATION OF BALLOTS.
Appreciation of the contested ballots and election documents involves a question of fact best left to the determination of
the COMRLEC, a specialized agency tasked with the supervision of elections all over the country. In the absence of grave
abuse of discretion or any jurisdictional infirmity or error of law, the factual findings, conclusions, rulings and decisions
rendered by the Comelec on matters falling within its competence shall not be interfered with by this Court. Salvador
Divinagracia, Jr. vs. Commission on Elections and Alex A. Centena, G.R. Nos. 186007 & G.R. No. 186016, July 27, 2009.
COMELEC; INTERLOCUTORY ORDER.
Since the COMELECs Division issued the interlocutory Order, the same COMELEC Division should resolve the motion for
reconsideration of the Order. The remedy of the aggrieved party is neither to file a motion for reconsideration for
certification to the COMELEC En Banc nor to elevate the issue to this Court via a petition for certiorari under Rule 65 of the
Rules of Civil Procedure. Eddie T. Panlilio vs. Commission on Elections and Lilia G. Pineda, G.R. No. 181478, July 15,
2009.
COMELEC; CANCELLATION OF COC.
Under Section 78 of the Omnibus Election Code (OEC), a false representation of material fact in the Certificate of
Candidacy (COC) is a ground for the denial or cancellation of the COC. The false representation must pertain to a material
fact that affects the right of the candidate to run for the election for which he filed his COC. Such material fact refers to a
candidates eligibility or qualification for elective office like citizenship, residence or status as a registered voter. Aside from
the requirement of materiality, the false representation must consist of a deliberate attempt to mislead, misinform, or hide
a fact that would otherwise render a candidate ineligible. In other words, it must be made with the intention to deceive the
electorate as to the would-be candidates qualifications for public office.
It is settled that the COMELEC has jurisdiction over a petition filed under Section 78 of the OEC. In the exercise of such
jurisdiction, it is within the competence of the COMELEC to determine whether false representation as to material facts was
made in the COC.
If the candidate states a material representation in the COC that is false, the COMELEC is empowered to deny due course
to or cancel the COC. The person whose COC is denied due course or cancelled under Section 78 of the OEC is not treated
as a candidate at all, as if such person never filed a COC. Jamela Salic Maruhom vs. Commssion on Elections and
Mohammad Ali Mericano A. Abinal, G.R. No. 179430, July 27, 2009.
COMELEC; ORDERS OF DIVISION.
Only final orders of the COMELEC in Division may be raised before the COMELEC en banc. Section 3, Article IX-C of the
1987 Constitution mandates that only motions for reconsideration of final decisions shall be decided by the COMELEC en
banc. It is clear from the foregoing constitutional provision that the COMELEC en banc shall decide motions for
reconsideration only of decisions of a Division, meaning those acts having a final character. Here, the assailed Second
Division order did not completely dispose of the case, as there was something more to be done, which was to decide the
election protest. Being interlocutory, the assailed Second Division orders may not be resolved by the COMELEC en banc.
Eddie T. Panlilio vs. Commission on Elections and Lilia G. Pineda, G.R. No. 181478, July 15, 2009.
COMELEC; POWERS.
The COMELEC has broad power, derived from our fundamental law, to enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, initiative, referendum and recall; its power of supervision and control over
boards of election inspectors and boards of canvassers; the concomitant need to do everything in its power to secure a fair
and honest canvass of the votes cast in the elections; the grant to it of broad and flexible powers to effectively perform its
duties and to ensure free, orderly, honest, peaceful and credible elections; and its role as the guardian of the peoples
sacred right of suffrage.
In particular, the statutory power of supervision and control by the COMELEC over the boards of canvassers includes the
power to revise or reverse the action of the boards, as well as to do what the boards should have done. Such power
includes the authority to initiate motu propio such steps or actions as may be required pursuant to law, like reviewing the
actions of the board; conducting an inquiry affecting the genuineness of election returns beyond the election records of the
polling places involved; annulling canvass or proclamations based on incomplete returns or on incorrect or tampered
returns; invalidating a canvass or proclamation made in an unauthorized meeting of the board of canvassers either
because it lacked a quorum or because the board did not meet at all; or requiring the board to convene. Rafael Flauta, Jr.,
et al. vs. Commission on Elections, et al., G.R. No. 184586, July 22, 2009.
COMELEC; PROTESTS.
Under Section 2(2), Article IX-C of the 1987 Constitution, the COMELEC exercises exclusive original jurisdiction over all
contests relating to the elections of all elective regional, provincial, and city officials. Since the COMELEC has jurisdiction
over petitioners election protest, it has the authority to issue the assailed Orders. Eddie T. Panlilio vs. Commission on
Elections and Lilia G. Pineda, G.R. No. 181478, July 15, 2009.
DOUBLE REGISTRATION.
Maruhom, at the time she filed her COC, could not have honestly declared therein that she was a registered voter of
Marantao and an eligible candidate for mayor of the said municipality. It is incumbent upon Maruhom to truthfully state her
eligibility in her COC, especially so because the COC is filled up under oath. An elective office is a public trust. He who
aspires for elective office should not make a mockery of the electoral process by falsely representing himself. Jamela Salic
Maruhom vs. Commssion on Elections and Mohammad Ali Mericano A. Abinal, G.R. No. 179430, July 27, 2009.
ESTOPPEL BY LACHES.
The doctrine of estoppel by laches is not new in election cases. It has been applied in at least two cases involving the
payment of filing fees. Salvador Divinagracia, Jr. vs. Commission on Elections and Alex A. Centena, G.R. Nos. 186007 &
G.R. No. 186016, July 27, 2009.
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL (HRET).
The Constitution mandates that the HRET shall be the sole judge of all contests relating to the election, returns and
qualifications of its members. By employing the word sole, the Constitution is emphatic that the jurisdiction of the HRET
in the adjudication of election contests involving its members is exclusive and exhaustive. Its exercise of power is intended
to be its own full, complete and unimpaired.
Due regard and respect for the authority of the HRET as an independent constitutional body require that any finding of
grave abuse of discretion against that body should be based on firm and convincing proof, not on shaky assumptions. Any
accusation of grave abuse of discretion on the part of the HRET must be established by a clear showing of arbitrariness and
improvidence. The Supreme Court did not find evidence of such grave abuse of discretion by the HRET.
At the risk of unduly encroaching on the exclusive prerogative of the HRET as the sole judge of election contests involving
its members, the Supreme Court cannot substitute its own sense or judgment for that of the HRET on the issues of
whether the evidence presented during the initial revision could affect the officially proclaimed results and whether the
continuation of the revision proceedings could lead to a determination of the true will of the electorate. That is what
petitioner actually wants the Supreme Court to do. But in the exercise of its checking function, the Supreme Court should
merely test whether or not the governmental branch or agency has gone beyond the constitutional limits of its jurisdiction,
not that it erred or had a different view. Henry June Dueas, Jr. vs. House of Representatives Electoral Tribunal and
Angelito Jett P. Reyes, G.R. No. 185401, July 21, 2009.
FORFEITURE OF SENATE SEAT FOR HOLDING ANOTHER GOVERNMENT OFFICE
In Dante Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, July 15, 2009, the petitioners filed with the Supreme Court
a Petition to Declare Richard J. Gordon as Having Forfeited His Seat in the Senate.
During Gordons incumbency as a member of the Senate of the Philippines, he was elected Chairman of the Philippine
National Red Cross (PNRC) during the 23 February 2006 meeting of the PNRC Board of Governors. Petitioners allege that
by accepting the chairmanship of the PNRC Board of Governors, respondent has ceased to be a member of the Senate as
provided in Section 13, Article VI of the Constitution, which reads:
SEC. 13. No Senator or Member of the House of Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office
which may have been created or the emoluments thereof increased during the term for which he was elected.
Petitioners cite Camporedondo vs. NLRC, which held that the PNRC is a government-owned or controlled corporation.
Petitioners claim that in accepting and holding the position of Chairman of the PNRC Board of Governors, respondent
automatically forfeited his seat in the Senate, pursuant to Flores vs. Drilon, which held that incumbent national legislators
lose their elective posts upon their appointment to another government office.
The Supreme Court addressed the preliminary issue of whether the petitioners have standing to file the petition. The
Supreme Court answered in the negative:
. . . petitioners are alleging that by accepting the position of Chairman of the PNRC Board of Governors,
respondent has automatically forfeited his seat in the Senate. In short, petitioners filed an action for
usurpation of public office against respondent, a public officer who allegedly committed an act which
constitutes a ground for the forfeiture of his public office. Clearly, such an action is for quo warranto,
specifically under Section 1(b), Rule 66 of the Rules of Court.
Quo warranto is generally commenced by the Government as the proper party plaintiff. However, under Section 5, Rule 66
of the Rules of Court, an individual may commence such an action if he claims to be entitled to the public office allegedly
usurped by another, in which case he can bring the action in his own name. The person instituting quo warranto
proceedings in his own behalf must claim and be able to show that he is entitled to the office in dispute, otherwise the
action may be dismissed at any stage. In the present case, petitioners do not claim to be entitled to the Senate office of
respondent. Clearly, petitioners have no standing to file the present petition.
On the merits, the Supreme Court ruled that PNPRC is a private organization performing public functions:
The PNRC is not government-owned but privately owned. The vast majority of the thousands of PNRC members are
private individuals, including students. Under the PNRC Charter, those who contribute to the annual fund campaign of the
PNRC are entitled to membership in the PNRC for one year. Thus, any one between 6 and 65 years of age can be a PNRC
member for one year upon contributing P35, P100, P300, P500 or P1,000 for the year. Even foreigners, whether residents
or not, can be members of the PNRC. . .
. . . the PNRC is a privately owned, privately funded, and privately run charitable organization. The PNRC is not a
government-owned or controlled corporation.
Petitioners anchor their petition on the 1999 case of Camporedondo v. NLRC, which ruled that the PNRC is a governmentowned or controlled corporation. In ruling that the PNRC is a government-owned or controlled corporation, the simple test
used was whether the corporation was created by its own special charter for the exercise of a public function or by
incorporation under the general corporation law. Since the PNRC was created under a special charter, the Court then ruled
that it is a government corporation. However, the Camporedondo ruling failed to consider the definition of a governmentowned or controlled corporation as provided under Section 2(13) of the Introductory Provisions of the Administrative Code
of 1987. . .
A government-owned or controlled corporation must be owned by the government, and in the case of a stock corporation,
at least a majority of its capital stock must be owned by the government. In the case of a non-stock corporation, by
analogy at least a majority of the members must be government officials holding such membership by appointment or
designation by the government. Under this criterion, and as discussed earlier, the government does not own or control
PNRC.
Finally, the Supreme Court held that the PNRC Charter is violative of the constitutional proscription against the creation of
private corporations by special law, as provided in Article XII, Section 16 of the Constitution:
Congress cannot enact a law creating a private corporation with a special charter. Such legislation would be
unconstitutional. Private corporations may exist only under a general law. If the corporation is private, it must necessarily
exist under a general law. Stated differently, only corporations created under a general law can qualify as private
corporations. Under existing laws, the general law is the Corporation Code, except that the Cooperative Code governs the
incorporation of cooperatives.
The Constitution authorizes Congress to create government-owned or controlled corporations through special charters.
Since private corporations cannot have special charters, it follows that Congress can create corporations with special
charters only if such corporations are government-owned or controlled. . .
. . . although the PNRC is created by a special charter, it cannot be considered a government-owned or controlled
corporation in the absence of the essential elements of ownership and control by the government. In creating the PNRC as
a corporate entity, Congress was in fact creating a private corporation. However, the constitutional prohibition against the
creation of private corporations by special charters provides no exception even for non-profit or charitable corporations.
Consequently, the PNRC Charter, insofar as it creates the PNRC as a private corporation and grants it corporate powers, is
void for being unconstitutional. Thus, Sections 1, 2, 3, 4(a), 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the PNRC Charter, as
amended, are void.
Just compensation is the full and fair equivalent of the property sought to be expropriated. Among the factors to be
considered in arriving at the fair market value of the property are the cost of acquisition, the current value of like
properties, its actual or potential uses, and in the particular case of lands, their size, shape, location, and the tax
declarations thereon. The measure is not the takers gain but the owners loss. To be just, the compensation must be fair
not only to the owner but also to the taker.
Just compensation is based on the price or value of the property at the time it was taken from the owner and appropriated
by the government. However, if the government takes possession before the institution of expropriation proceedings, the
value should be fixed as of the time of the taking of said possession, not of the filing of the complaint. The value at the
time of the filing of the complaint should be the basis for the determination of the value when the taking of the property
involved coincides with or is subsequent to the commencement of the proceedings.
The procedure for determining just compensation is set forth in Rule 67 of the 1997 Rules of Civil Procedure. Section 5 of
Rule 67 partly states that [u]pon the rendition of the order of expropriation, the court shall appoint not more than three
(3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for
the property sought to be taken. However, we held in Republic v. Court of Appeals that Rule 67 presupposes a prior filing
of complaint for eminent domain with the appropriate court by the expropriator. If no such complaint is filed, the
expropriator is considered to have violated procedural requirements, and hence, waived the usual procedure prescribed in
Rule 67, including the appointment of commissioners to ascertain just compensation. In National Power Corporation v.
Court of Appeals, we clarified that when there is no action for expropriation and the case involves only a complaint for
damages or just compensation, the provisions of the Rules of Court on ascertainment of just compensation (i.e., provisions
of Rule 67) are no longer applicable, and a trial before commissioners is dispensable. Republic of the Philippines through
the Department of Public Works and Highways vs. Court of Appeals and Rosario Rodriguez Reyes, G.R. No. 160379,
August 14, 2009.
EMINENT DOMAIN; JUST COMPENSATION.
PD 27 and RA 6657 provide different factors for the computation of just compensation. The former uses average crop
harvest as a consideration, whereas, the latter uses the current value of like properties, its nature, actual use and income,
the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors as factors for
consideration in determining just compensation.
In the case at bar, it is undisputed by the parties that the lands were acquired under PD 27. Moreover, it is also undisputed
that just compensation has not yet been settled prior to the passage of RA 6657. Thus, the issue to be determined is what
law shall govern in the determination of just compensation.
If just compensation was not settled prior to the passage of RA 6657, it should be computed in accordance with the said
law, although the property was acquired under PD 27. Department of Agrarian Reform (etc.) vs. Carmen S. Tongson, G.R.
No. 171674, August 4, 2009.
EMINENT DOMAIN; TAKING.
It is the date of the issuance of emancipation patents that should serve as the reckoning point for purposes of computation
of just compensation. Copies of the emancipation patents issued to the farmer-beneficiaries, however, have not been
attached to the records of the case. Department of Agrarian Reform (etc.) vs. Carmen S. Tongson, G.R. No. 171674,
August 4, 2009.
FREE ACCESS CLAUSE; COURT FILING FEES.
The basis for the exemption from legal and filing fees is the free access clause, embodied in Sec. 11, Art. III of the 1987
Constitution.
The importance of the right to free access to the courts and quasi judicial bodies and to adequate legal assistance cannot
be denied. A move to remove the provision on free access from the Constitution on the ground that it was already covered
by the equal protection clause was defeated by the desire to give constitutional stature to such specific protection of the
poor.
In implementation of the right of free access under the Constitution, the Supreme Court promulgated rules, specifically,
Sec. 21, Rule 3, Rules of Court, and Sec. 19, Rule 141, Rules of Court.
The clear intent and precise language of the aforequoted provisions of the Rules of Court indicate that only a natural party
litigant may be regarded as an indigent litigant. The Good Shepherd Foundation, Inc., being a corporation invested by the
State with a juridical personality separate and distinct from that of its members, is a juridical person. Among others, it has
the power to acquire and possess property of all kinds as well as incur obligations and bring civil or criminal actions, in
conformity with the laws and regulations of their organization. As a juridical person, therefore, it cannot be accorded the
exemption from legal and filing fees granted to indigent litigants. Query of Mr. Roger C. Prioreschi re exemption from legal
and filing fees of the Good Shepherd Foundation, Inc., A.M. No. 09-6-9-SC, August 19, 2009.
LAWS; PRESUMPTION OF CONSTITUTIONALITY.
Every statute is presumed to be constitutional. The presumption is that the legislature intended to enact a valid, sensible
and just law. Those who petition the court to declare a law unconstitutional must show thta there is a clear and
unequivocal breach of the Constitution, not merely a doubtful, speculative or argumentative one. Barangay Association
for National Advancement and Transparency (BANAT) Partylist represented by Salvador B. Britanico vs. Commission on
Elections, G.R. No. 177508, August 7, 2009.
LAWS; TITLE.
Petitioner alleges that the title of RA 9369 is misleading because it speaks of poll automation but contains substantial
provisions dealing with the manual canvassing of election returns. Petitioner also alleges that Sections 34, 37, 38, and 43
are neither embraced in the title nor germane to the subject matter of RA 9369.
The constitutional requirement that every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof has always been given a practical rather than a technical construction. The requirement is
satisfied if the title is comprehensive enough to include subjects related to the general purpose which the statute seeks to
achieve. The title of a law does not have to be an index of its contents and will suffice if the matters embodied in the text
are relevant to each other and may be inferred from the title. Moreover, a title which declares a statute to be an act to
amend a specified code is sufficient and the precise nature of the amendatory act need not be further stated.
RA 9369 is an amendatory act entitled An Act Amending Republic Act No. 8436, Entitled An Act Authorizing the
Commission on Elections to Use an Automated Election System in the May 11, 1998 National or Local Elections and in
Subsequent National and Local Electoral Exercises, to Encourage Transparency, Credibility, Fairness and Accuracy of
Elections, Amending for the Purpose Batas Pambansa Blg. 881, as Amended, Republic Act No. 7166 and Other Related
Election Laws, Providing Funds Therefor and For Other Purposes. Clearly, the subject matter of RA 9369 covers the
amendments to RA 8436, Batas Pambansa Blg. 881 (BP 881), Republic Act No. 7166 (RA 7166), and other related election
laws to achieve its purpose of promoting transparency, credibility, fairness, and accuracy in the elections. The provisions of
RA 9369 assailed by petitioner deal with amendments to specific provisions of RA 7166 and BP 881, specifically: (1)
Sections 34, 37 and 38 amend Sections 26, 30 and 15 of RA 7166, respectively; and (2) Section 43 of RA 9369 amends
Section 265 of BP 881. Therefore, the assailed provisions are germane to the subject matter of RA 9369 which is to amend
RA 7166 and BP 881, among others. Barangay Association for National Advancement and Transparency
(BANAT) Partylist represented by Salvador B. Britanico vs. Commission on Elections, G.R. No. 177508, August 7, 2009.
NON-IMPAIRMENT OF CONTRACT.
Petitioner assails the constitutionality of the provision which fixes the per diem of poll watchers of the dominant majority
and dominant minority parties at poll election day. Petitioner argues that this violates the freedom of the parties to
contract and their right to fix the terms and conditions of the contract they see as fair, equitable and just. Petitioner adds
that this is a purely private contract using private funds which cannot be regulated by law.
There is no violation of the non-impairment clause. First, the non- impairment clause is limited in application to laws that
derogate from prior acts or contracts by enlarging, abridging or in any manner changing the intention of the parties. There
is impairment if a subsequent law changes the terms of a contract between the parties, imposes new conditions, dispenses
with those agreed upon or withdraws remedies for the enforcement of the rights of the parties.
As observed by the OSG, there is no existing contract yet and, therefore, no enforceable right or demandable obligation
will be impaired. RA 9369 was enacted more than three months prior to the 14 May 2007 elections. Hence, when the
dominant majority and minority parties hired their respective poll watchers for the 14 May 2007 elections, they were
deemed to have incorporated in their contracts all the provisions of RA 9369.
Second, it is settled that police power is superior to the non-impairment clause. The constitutional guaranty of nonimpairment of contracts is limited by the exercise of the police power of the State, in the interest of public health, safety,
morals, and general welfare of the community. Barangay Association for National Advancement and Transparency (BANAT)
Partylist represented by Salvador B. Britanico vs. Commission on Elections, G.R. No. 177508, August 7, 2009.
first, the private practice is authorized by the Constitution or by the law; and second, the practice will not conflict, or tend
to conflict, with his or her official functions.
The Section 7 prohibitions continue to apply for a period of one year after the public official or employees resignation,
retirement, or separation from public office, except for the private practice of profession under subsection (b)(2), which
can already be undertaken even within the one-year prohibition period. As an exception to this exception, the one-year
prohibited period applies with respect to any matter before the office the public officer or employee used to work with.
The Section 7 prohibitions are predicated on the principle that public office is a public trust; and serve to remove any
impropriety, real or imagined, which may occur in government transactions between a former government official or
employee and his or her former colleagues, subordinates or superiors. The prohibitions also promote the observance and
the efficient use of every moment of the prescribed office hours to serve the public.
Parenthetically, in the case of court employees, Section 7(b)(2) of R.A. No. 6713 is not the only prohibition to contend
with; Section 5, Canon 3 of the Code of Conduct for Court Personnel also applies.
A clerk of court can already engage in the practice of law immediately after her separation from the service and without
any period limitation that applies to other prohibitions under Section 7 of R.A. No. 6713. The clerk of courts limitation is
that she cannot practice her profession within one year before the office where he or she used to work with. Query of Atty.
Karen M. Silverio-Buffe, former Clerk of Court, Branch 81, Romblon, Romblon, on the prohibition from engaging in the
private practice of law, A.M. No. 08-6-352-RTC, August 19, 2009.
Agrarian law
TENANTS.
To qualify for protection under PD 1517 and avail of the rights and privileges granted by the said decree, the claimant must
be: (1) a legitimate tenant of the land for ten (10) years or more; (2) must have built his home on the land by contract;
and, (3) has resided continuously for the last ten (10) years. The tenant covered by PD 1517 is, as defined under Section
3(f) thereof, the rightful occupant of land and its structures, but does not include those whose presence on the land is
merely tolerated and without the benefit of contract, those who enter the land by force or deceit, or those whose
possession is under litigation.
Stated differently, those whose possession or occupation of land is devoid of any legal authority or those whose contracts
of lease are already terminated, or had already expired, or whose possession is under litigation are not considered
tenants under the decree. Conversely, a legitimate tenant is one who is not a usurper or an occupant by tolerance. The
petitioners-defendants whose occupation has been merely by the owners tolerance obviously fall outside the coverage of
PD
1517
and
cannot
seek
its
protection.
Francisco
Madrid
and
Edgardo
Bernardo
vs.
Spouses Bonifacio Mapoy and Felicidad Martinez, G.R. No. 150887, August 14, 2009.
Election Law
COMELEC; POWERS.
We do not agree with petitioner and the COMELEC that the Constitution gave the COMELEC the exclusive power to
investigate and prosecute cases of violations of election laws.
Section 2(6), Article IX-C of the Constitution vests in the COMELEC the power to investigate and, where appropriate,
prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and
malpractices. This was an important innovation introduced by the Constitution because this provision was not in the 1935
or 1973] Constitutions. The phrase [w]here appropriate leaves to the legislature the power to determine the kind of
election offenses that the COMELEC shall prosecute exclusively or concurrently with other prosecuting arms of the
government. Barangay Association for National Advancement and Transparency (BANAT) Partylist represented by
Salvador B. Britanico vs. Commission on Elections, G.R. No. 177508, August 7, 2009.
(w) Prohibition against construction of public works, delivery of materials for public works and issuance of treasury
warrants and similar devices.- During the period of forty five days preceding a regular election and thirty days before a
special election, any person who: (a) undertakes the construction of any public works, except for projects or works
exempted in the preceding paragraph; or (b) issues, uses or avails of treasury warrants or any device undertaking future
delivery of money, goods or other things of value chargeable against public funds.
In Robert P. Guzman vs. Commission on Elections, Mayor Randolph S. Ting and Salvacion Garcia, G.R. No. 182380, August
28, 2009, the issue that arose is whether the purchase by the city mayor of land for use as a public cemetery and the
issuance of a treasury warrant as payment for the land violate the Omnibus Election Code.
On March 31, 2004, the Sangguniang Panlungsod of Tuguegarao City passed Resolution No. 048-2004 to authorize City
Mayor Ting to acquire two parcels of land for use as a public cemetery of the City. Pursuant to the resolution, City Mayor
Ting purchased the two parcels of land. As payment, City Treasurer Garcia issued and released Treasury Warrant No.
0001534514 dated April 20, 2004 in the sum of P8,486,027.00. On May 5, 2004, the City Government
of Tuguegarao caused the registration of the sale and the issuance of new certificates in its name.
Based on the transaction, the petitioner filed a complaint in the Office of the Provincial Election Supervisor
of Cagayan Province against City Mayor Ting and City Treasurer Garcia, charging them with a violation of Section 261,
paragraphs (v) and (w), of the Omnibus Election Code, for having undertaken to construct a public cemetery and for
having released, disbursed and expended public funds within 45 days prior to the May 9, 2004 election, in disregard of the
prohibitions under said provisions due to the election ban period having commenced on March 26, 2004 and ended on May
9, 2004.
After investigation, the Acting Provincial Election Supervisor of Cagayan recommended the dismissal of the complaint.
The COMELEC en banc adopted the foregoing recommendation in its own resolution dated February 18, 2008 issued in E.O.
Case No. 06-14 and dismissed the complaint for lack of merit, holding that the acquisition of the two parcels of land for a
public cemetery was not considered as within the term public works; and that, consequently, the issuance of Treasury
Warrant No. 0001534514 was not for public works and was thus in violation of Section 261 (w) of the Omnibus Election
Code.
The Supreme Court ruled that the purchase of the lots for use as a public cemetery does not constitute construction of a
public work within the context of the prohibition under the Omnibus Election Code. According to the Supreme Court:
We first construe the term public works which the Omnibus Election Code does not define with the aid of extrinsic
sources.
The Local Government Code of 1991 considers public works to be the fixed infrastructures and facilities owned and
operated by the government for public use and enjoyment. According to the Code, cities have the responsibility of
providing infrastructure facilities intended primarily to service the needs of their residents and funded out of city funds,
such as, among others, roads and bridges; school buildings and other facilities for public elementary and secondary
schools; and clinics, health centers and other health facilities necessary to carry out health services.
Likewise, the Department of Public Works and Highways (DPWH), the engineering and construction arm of the
government, associates public works with fixed infrastructures for the public. . .
The enumeration in Sec. 1, supra infrastructure facilities, especially national highways, flood control and water
resources development systems, and other public works in accordance with national development objectives means
that only the fixed public infrastructures for use of the public are regarded as public works. This construction conforms to
the rule of ejusdem generis . . .
Accordingly, absent an indication of any contrary legislative intention, the term public works as used in Section 261 (v) of
the Omnibus Election Code is properly construed to refer to any building or structure on land or to structures (such as
roads or dams) built by the Government for public use and paid for by public funds. Public works are clearly works,
whether of construction or adaptation undertaken and carried out by the national, state, or municipal authorities, designed
to subserve some purpose of public necessity, use or convenience, such as public buildings, roads, aqueducts, parks, etc.;
or, in other words, all fixed works constructed for public use.
It becomes inevitable to conclude, therefore, that the petitioners insistence that the acquisition of Lots 5860 and 5881
for use as a public cemetery be considered a disbursement of the public funds for public works in violation of Section
261(v) of the Omnibus Election Code was unfounded and unwarranted.
However, the Supreme Court ruled that the issuance of the treasury warrant violated the Omnibus Election Code:
The OSG posits that [Section 261(w)] is violated in either of two ways: (a) by any person who, within 45 days preceding a
regular election and 30 days before a special election, undertakes the construction of any public works except those
enumerated in the preceding paragraph; or (b) by any person who issues, uses or avails of treasury warrants or any
device undertaking future delivery of money, goods or other things of value chargeable against public funds within 45 days
preceding a regular election and 30 days before a special election.
We concur with the OSGs position.
Section 261 (w) covers not only one act but two, i.e., the act under subparagraph (a) above and that
under subparagraph (b) above. For purposes of the prohibition, the acts are separate and distinct, considering that Section
261(w) uses the disjunctive or to separate subparagraphs (a) and (b). In legal hermeneutics, or is a disjunctive that
expresses an alternative or gives a choice of one among two or more things. The word signifies disassociation and
independence of one thing from another thing in an enumeration. It should be construed, as a rule, in the sense that it
ordinarily implies as a disjunctive word. According to Black, too, the word and can never be read as or, or vice versa, in
criminal and penal statutes, where the rule of strict construction prevails. Consequently, whether or not the treasury
warrant in question was intended for public works was even of no moment in determining if the legal provision was
violated.
There was a probable cause to believe that Section 261(w), subparagraph (b), of the Omnibus Election Code was violated
when City Mayor Ting and City Treasurer Garcia issued Treasury Warrant No. 0001534514 during the election ban period.
For this reason, our conclusion that the COMELEC en banc gravely abused its discretion in dismissing E.O. Case No. 06-14
for lack of merit is inevitable and irrefragable.
As American jurisprudence puts it, this legislative privilege is founded upon long experience and arises as a means of
perpetuating inviolate the functioning process of the legislative department. Without parliamentary immunity, parliament,
or its equivalent, would degenerate into a polite and ineffective debating forum. Legislators are immune from deterrents to
the uninhibited discharge of their legislative duties, not for their private indulgence, but for the public good. The privilege
would be of little value if they could be subjected to the cost and inconvenience and distractions of a trial upon a
conclusion of the pleader, or to the hazard of a judgment against them based upon a judges speculation as to the motives.
This Court is aware of the need and has in fact been in the forefront in upholding the institution of parliamentary immunity
and promotion of free speech. Neither has the Court lost sight of the importance of the legislative and oversight functions
of the Congress that enable this representative body to look diligently into every affair of government, investigate and
denounce anomalies, and talk about how the country and its citizens are being served. Courts do not interfere with the
legislature or its members in the manner they perform their functions in the legislative floor or in committee rooms. Any
claim of an unworthy purpose or of the falsity and mala fides of the statement uttered by the member of the Congress
does not destroy the privilege. The disciplinary authority of the assembly and the voters, not the courts, can properly
discourage or correct such abuses committed in the name of parliamentary immunity.
For the above reasons, the plea of Senator Santiago for the dismissal of the complaint for disbarment or disciplinary action
is well taken. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of
Court. It is felt, however, that this could not be the last word on the matter.
While the Supreme Court dismissed the complaint, it felt that such should not be the last word on the matter. It added:
The Court wishes to express its deep concern about the language Senator Santiago, a member of the Bar, used in her
speech and its effect on the administration of justice. To the Court, the lady senator has undoubtedly crossed the limits of
decency and good professional conduct. It is at once apparent that her statements in question were intemperate and
highly improper in substance. To reiterate, she was quoted as stating that she wanted to spit on the face of Chief Justice
Artemio Panganiban and his cohorts in the Supreme Court, and calling the Court a Supreme Court of idiots. . .
The Court is not hesitant to impose some form of disciplinary sanctions on Senator/Atty. Santiago for what otherwise
would have constituted an act of utter disrespect on her part towards the Court and its members. The factual and legal
circumstances of this case, however, deter the Court from doing so, even without any sign of remorse from her. Basic
constitutional consideration dictates this kind of disposition.
We, however, would be remiss in our duty if we let the Senators offensive and disrespectful language that definitely
tended to denigrate the institution pass by. It is imperative on our part to re-instill in Senator/Atty. Santiago her duty to
respect courts of justice, especially this Tribunal, and remind her anew that the parliamentary non-accountability thus
granted to members of Congress is not to protect them against prosecutions for their own benefit, but to enable them, as
the peoples representatives, to perform the functions of their office without fear of being made responsible before the
courts or other forums outside the congressional hall. It is intended to protect members of Congress against government
pressure and intimidation aimed at influencing the decision-making prerogatives of Congress and its members.
The Rules of the Senate itself contains a provision on Unparliamentary Acts and Language that enjoins a Senator from
using, under any circumstance, offensive or improper language against another Senator or against any public institution.
But as to Senator Santiagos unparliamentary remarks, the Senate President had not apparently called her to order, let
alone referred the matter to the Senate Ethics Committee for appropriate disciplinary action, as the Rules dictates under
such circumstance. The lady senator clearly violated the rules of her own chamber. It is unfortunate that her peers bent
backwards and avoided imposing their own rules on her.
However, the 1935 Constitution and Com. Act No. 625 did not prescribe a time period within which the election of
Philippine citizenship should be made. The 1935 Charter only provides that the election should be made upon reaching the
age of majority. The age of majority then commenced upon reaching 21 years. In the opinions of the then Secretary of
Justice on cases involving the validity of election of Philippine citizenship, this dilemma was resolved by basing the time
period on the decisions of the Supreme Court prior to the effectivity of the 1935 Constitution. In these decisions, the
proper period for electing Philippine citizenship was, in turn, based on the pronouncements of the Department of State of
the United States Government to the effect that the election should be made within a reasonable time after attaining the
age of majority. The phrase reasonable time has been interpreted to mean that the election should be made within three
(3) years from reaching the age of majority.
It is true that we said that the 3-year period for electing Philippine citizenship may be extended as when the person has
always regarded himself as a Filipino. In hits case, not a single circumstance was sufficiently shown meriting the extension
of the 3-year period. The fact that Carlos exercised his right of suffrage in 1952 and 1955 does not demonstrate such
belief, considering that the acts were done after he elected Philippine citizenship. On the other hand, the mere fact that he
was able to vote does not validate his irregular election of Philippine citizenship. At most, his registration as a voter
indicates his desire to exercise a right appertaining exclusively to Filipino citizens but does not alter his real citizenship,
which, in this jurisdiction, is determined by blood (jus sanguinis). The exercise of the rights and privileges granted only to
Filipinos is not conclusive proof of citizenship, because a person may misrepresent himself to be a Filipino and thus enjoy
the rights and privileges of citizens of this country.
It is incumbent upon one who claims Philippine citizenship to prove to the satisfaction of the court that he is really a
Filipino. No presumption can be indulged in favor of the claimant of Philippine citizenship, and any doubt regarding
citizenship must be resolved in favor of the state. Carlos T. Go., Sr., vs. Luis T. Ramos/Jimmy T. Go vs. Luis T.
Ramos/Hon. Alipio F. Fernandez, etc., et al. vs. Jimmy T. Go a.k.a. Jaime T. Gaisano, G.R. No. 167569/G.R. No.
167570/G.R. No. 171946, September 4, 2009.
CITIZENSHIP; JUS SOLI.
The doctrine of jus soli was for a time the prevailing rule in the acquisition of ones citizenship. However, the Supreme
Court abandoned the principle of jus soli in the case of Tan Chong v. Secretary of Labor. Since then, said doctrine only
benefited those who were individually declared to be citizens of the Philippines by a final court decision on the mistaken
application of jus soli.
Neither will the Philippine Bill of 1902 nor the Jones Law of 1916 make Carlos a citizen of the Philippines. His bare claim
that his father, Go Yin An, was a resident of the Philippines at the time of the passage of the said laws, without any
supporting evidence whatsoever will not suffice.
It is a settled rule that only legitimate children follow the citizenship of the father and that illegitimate children are under
the parental authority of the mother and follow her nationality. Moreover, we have also ruled that an illegitimate child of
a Filipina need not perform any act to confer upon him all the rights and privileges attached to citizens of the Philippines;
he automatically becomes a citizen himself. However, it is our considered view that absent any evidence proving that
Carlos is indeed an illegitimate son of a Filipina, the aforestated established rule could not be applied to him. Carlos T.
Go., Sr., vs. Luis T. Ramos/Jimmy T. Go vs. Luis T. Ramos/Hon. Alipio F. Fernandez, etc., et al. vs. Jimmy T. Go a.k.a.
Jaime T. Gaisano, G.R. No. 167569/G.R. No. 167570/G.R. No. 171946, September 4, 2009 .
CIVIL SERVICE COMMISSION; JURISDICTION.
The CSC is the constitutional body charged with the establishment and administration of a career civil service which
embraces all branches and agencies of the government. In the recent case of Civil Service Commission v. Alfonso, the
Court held that special laws such as R.A. 4670 did not divest the CSC of its inherent power to supervise and discipline all
members of the civil service, including public school teachers. This Court has also previously held in Civil Service
Commission v. Albao that the CSC has the authority to directly institute proceedings to discipline a government employee
in order to protect the integrity of the civil service. Civil Service Commission vs. Fatima A. Macud, G.R. No. 177531.
September 10, 2009
COMELEC: POLL AUTOMATION CONTRACT.
Assayed against the provisions of the Constitution, the enabling automation law, RA 8436, as amended by RA 9369,
the RFP and even the Anti-Dummy Law, which petitioners invoked as an afterthought, the Court finds the project award to
have complied with legal prescriptions, and the terms and conditions of the corresponding automation contract in question
to be valid. No grave abuse of discretion, therefore, can be laid on the doorsteps of respondent Comelec. And surely, the
winning joint venture should not be faulted for having a foreign company as partner.
The Comelec is an independent constitutional body with a distinct and pivotal role in our scheme of government. In the
discharge of its awesome functions as overseer of fair elections, administrator and lead implementor of laws relative to the
conduct of elections, it should not be stymied with restrictions that would perhaps be justified in the case of an
organization of lesser responsibility. It should be afforded ample elbow room and enough wherewithal in devising means
and initiatives that would enable it to accomplish the great objective for which it was createdto promote free, orderly,
honest and peaceful elections. This is as it should be for, too often, Comelec has to make decisions under difficult
conditions to address unforeseen events to preserve the integrity of the election and in the process the voice of the people.
Thus, in the past, the Court has steered away from interfering with the Comelecs exercise of its power which, by law and
by the nature of its office properly pertain to it. Absent, therefore, a clear showing of grave abuse of discretion
on Comelecs part, as here, the Court should refrain from utilizing the corrective hand of certiorari to review, let alone
nullify, the acts of that body. Harry L. Roque, et al. vs. COMELEC, et al., G.R. No. 188456, September 10, 2009.
EMINENT DOMAIN; JUST COMPENSATION.
Section 18 of the CARL mandates that petitioner shall compensate the landowner in such amount as may be agreed upon
by the landowner, DAR, and petitioner, or as may be finally determined by the court, as the just compensation for the land.
In determining just compensation, Section 17 of the CARL enumerates the factors to be considered in the determination of
just compensation, namely, the cost of acquisition of the land; the current value of like properties; its nature, actual use
and income; the sworn valuation by the owner; the tax declarations; and the assessment made by government assessors.
The social and economic benefits contributed by the farmers and the farm workers and by the government to the property,
as well as the non-payment of taxes or loans secured from any government financing institution on the said land, shall be
considered as additional factors to determine its value.
In the case at bar, the SAC arrived at the just compensation due respondents for their subject property by taking into
account the market value of the subject property, the tax declaration of respondents, the actual use of and income from
the subject property, the assessors valuation, and the volume and value of its produce; and factors specifically mentioned
under Section 17 of the CARL. The Court of Appeals affirmed in toto the determination of just compensation by the SAC.
There being no allegation or evidence that the determination of just compensation for the subject property by the SAC, as
affirmed by the appellate court, was not in conformity with or was in violation of the provisions of the CARL, the applicable
law, then we have no reason to disturb the same. Land Bank of the Philippines vs. Heirs of Asuncion Anonuevo Vda.
Santos, et al., G.R. No. 179862, September 3, 2009.
PCGG; POWER.
The PCGGs power to sequester alleged ill-gotten properties is likened to the provisional remedies of preliminary
attachment or receivership which are always subject to the control of the court.
The PCGG, therefore, as the receiver of sequestered assets and in consonance with its duty under EO 1, Series of 1986,
to protect and preserve them, has the power to exercise acts of dominion provided that those acts are approved by the
proper court.
From the foregoing discussion, it is clear that it is the PCGGnot COCOFED or the CIIF companiesthat has the right
and/or authority during sequestration to seek this Courts approval for the proposed conversion. Consequently, the terms
and conditions sought by COCOFED for the conversion are not material to the proposed conversion. At
most, COCOFEDs prayer for approval of the conversion reflects its conformity to said transfiguration.
After a circumspect evaluation of the incident at bar, we resolve to approve the conversion. The Court holds that
respondent Republic has satisfactorily hurdled the onus of showing that the conversion is advantageous to the public
interest or will result in clear and material benefit to the eventually declared stock owners, be they the coconut farmers or
the government itself. Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo
P. Espina, et al. vs. Republic of the Philippines, G.R. Nos. 177857-58, September 17, 2009.
SEARCH; PLAIN VIEW.
The plain view doctrine may not be used to launch unbridled searches and indiscriminate seizures or to extend a general
exploratory search made solely to find evidence of defendants guilt. The doctrine is usually applied where a police officer
is not searching for evidence against the accused, but nonetheless inadvertently comes across an incriminating object. Sr.
Inspector Jerry Valeroso vs. Court of Appeals and People of the Philippines, G.R. No. 164815, September 3, 2009.
SEARCH; WARRANTLESS ARREST.
When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any
weapon that the latter might use in order to resist arrest or effect his escape. Otherwise, the officers safety might well be
endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and
seize any evidence on the arrestees person in order to prevent its concealment or destruction.
Moreover, in lawful arrests, it becomes both the duty and the right of the apprehending officers to conduct
a warrantless search not only on the person of the suspect, but also in the permissible area within the latters reach.
Otherwise stated, a valid arrest allows the seizure of evidence or dangerous weapons either on the person of the one
arrested or within the area of his immediate control. The phrase within the area of his immediate control means the area
from within which he might gain possession of a weapon or destructible evidence. A gun on a table or in a drawer in front
of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested.
Sr. Inspector Jerry Valeroso vs. Court of Appeals and People of the Philippines, G.R. No. 164815, September 3, 2009.
STATUTES; CONSTITUTIONALITY.
Article 202(2) of the RPC, which penalizes any person found loitering about public or semi-public buildings or places or
tramping or wandering about the country or the streets without visible means of support, is constitutional. The provision
is
not
vague
and
does
not
violate
the
equal
protection
clause. People
of
the
Philippines
vs.
Evangeline Siton y sacil, et al., G.R. No. 169364, September 18, 2009.
Administrative Law
ADMINISTRATIVE PROCEEDINGS; LIABILITY.
An administrative proceeding is different from a criminal case and may proceed independently thereof. Even if respondents
would subsequently be found guilty of a crime based on the same set of facts obtaining in the present administrative
complaint, the same will not automatically mean that they are also administratively liable.
A finding of guilt in the criminal case will not necessarily result in a finding of liability in the administrative case.
Conversely, respondents acquittal will not necessarily exculpate them administratively. The basic premise is that criminal
and civil cases are altogether different from administrative matters, such that the disposition in the first two will not
inevitably govern the third and vice versa.
It must be stressed that the basis of administrative liability differs from criminal liability. The purpose of administrative
proceedings is mainly to protect the public service, based on the time-honored principle that a public office is a public
trust. On the other hand, the purpose of criminal prosecution is the punishment of crime. To state it simply, petitioner
erroneously equated criminal liability to administrative liability. Dr. Castor C. De Jesus vs. Rafael D. Guerrero
III, Cesario R. Pagdilao and Fortuna B. Aquino, G.R .No. 171491, September 4, 2009.
ADMINISTRATIVE PROCEEDINGS; QUANTUM OF PROOF.
In administrative proceedings, the quantum of proof necessary for a finding of guilt is substantial evidence, i.e., that
amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Further, the
complainant has the burden of proving by substantial evidence the allegations in his complaint. The basic rule is that mere
allegation is not evidence and is not equivalent to proof. Charges based on mere suspicion and speculation likewise cannot
be given credence. Hence, when the complainant relies on mere conjectures and suppositions, and fails to substantiate his
allegations, the administrative complaint must be dismissed for lack of merit. Dr. Castor C. De Jesus vs. Rafael D.
Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino, G.R .No. 171491, September 4, 2009.
ADMINISTRATIVE REMEDIES; EXHAUSTION.
The doctrine of non-exhaustion of administrative remedies requires that resort be first made with the administrative
authorities in the resolution of a controversy falling under their jurisdiction before the controversy may be elevated to a
court of justice for review. A premature invocation of a courts intervention renders the complaint without cause of action
and dismissible.
EO 149 transferred LLDA from the Office of the President to the DENR for policy and program coordination and/or
administrative supervision x x x. Under EO 149, DENR only has administrative power over LLDA. Administrative power is
concerned with the work of applying policies and enforcing orders as determined by proper governmental organs.
However, Executive Order No. 192 (EO 192), which reorganized the DENR, mandates the DENR to promulgate rules and
regulations for the control of water, air and land pollution and to promulgate ambient and effluent standards for water
and air quality including the allowable levels of other pollutants and radiations. EO 192 created the Pollution Adjudication
Board under the Office of the DENR Secretary which assumed the powers and functions of the NPCC with respect to the
adjudication of pollution cases, including NPCCs function to [s]erve as arbitrator for the determination of reparation, or
restitution of the damages and losses resulting from pollution. Hence, TACC has an administrative recourse before
the DENR Secretary which it should have first pursued before filing a petition for certiorari before the Court of Appeals. The
Alexandra Condominium Corporation vs. Laguna Lake Development Authority, G.R. No. 169228. September 11, 2009.
DISMISSAL; GROSS MISCONDUCT.
Pursuant to Section 52, Rule IV of the Civil Service Rules, gross misconduct is a grave offense punishable with dismissal for
the first offense, without prejudice to the Ombudsmans right to file the appropriate criminal case against the petitioner or
other responsible individuals. We are, of course, aware that in several administrative cases, this Court has refrained from
strictly imposing the penalties provided by the law, in light of mitigating factors such as the offending employees length of
service, acknowledgment of his or her infractions and feeling of remorse, family circumstances, advanced age, and other
equitable considerations. However, we find that petitioners recalcitrant refusal to explain the use (or misuse) of the more
than P700,000.00 in cash placed in her possession makes her unworthy of such humanitarian consideration, and merits
the most serious penalty provided by law. Gloria G. Hallasgo, Municipal Treasurer of Damulong, Bukidnon vs. Commission
on Audit (COA), Regional Office No. X, G.R. No. 171340, September 11, 2009.
PUBLIC OFFICER; PRIVATE SECTOR REPRESENTATIVE.
A private sector representative appointed to the National Book Development Board is a public officer for purposes of the
Anti-Graft and Corrupt Practices Act and the Revised Penal Code. Carolina R. Javier vs. Sandiganbayan, et al., G.R. Nos.
147026-27, September 11, 2009.
Election law
BALLOTS; APPRECIATION.
The neighborhood rule is a settled rule stating that where the name of a candidate is not written in the proper space in the
ballot, but is preceded by the name of the office for which he is a candidate, the vote should be counted as valid for said
candidate. Such rule is usually applied in consonance with the intent rule which stems from the principle that in the
appreciation of the ballot, the object should be to ascertain and carry into effect the intention of the voter, if it could be
determined with reasonable certainty. Ernesto Batalla vs. Commission on Elections and Teodoro Bataller, G.R. No.
184268, September 15, 2009.
CANDIDATES; DOMICILE.
In Japzon v. Commission on Elections, it was held that the term residence is to be understood not in its common
acceptation as referring to dwelling or habitation, but rather to domicile or legal residence, that is, the place where a
party actually or constructively has his permanent home, where he, no matter where he may be found at any given time,
eventually intends to return and remain (animus manendi).
In Domino v. Commission on Elections, the Court explained that domicile denotes a fixed permanent residence to which,
whenever absent for business, pleasure, or some other reasons, one intends to return. It is a question of intention and
circumstances. In the consideration of circumstances, three rules must be borne in mind, namely: (1) that a man must
have a residence or domicile somewhere; (2) when once established it remains until a new one is acquired; and (3) a man
can have but one residence or domicile at a time.
If one wishes to successfully effect a change of domicile, he must demonstrate an actual removal or an actual change of
domicile, a bona fide intention of abandoning the former place of residence and establishing a new one, and definite acts
which correspond with the purpose. Without clear and positive proof of the concurrence of these three requirements, the
domicile of origin continues. Makil U. Pundaodaya vs. Commission on Elections, et al., G.R. No. 179313. September 17,
2009
CANDIDATES; PREMATURE CAMPAIGNING.
The conduct of a motorcade is a form of election campaign or partisan political activity, falling squarely within the ambit of
Section 79(b)(2) of the Omnibus Election Code, on [h]olding political caucuses, conferences, meetings, rallies, parades, or
other similar assemblies, for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against
a candidate[.] A motorcade is a procession or parade of automobiles or other motor vehicles.[31] The conduct thereof
during election periods by the candidates and their supporters is a fact that need not be belabored due to its widespread
and pervasive practice. The obvious purpose of the conduct of motorcades is to introduce the candidates and the positions,
to which they seek to be elected, to the voting public; or to make them more visible so as to facilitate the recognition and
recollection of their names in the minds of the voters come election time. Unmistakably, motorcades are undertaken for no
other purpose than to promote the election of a particular candidate or candidates.
In the instant Petition, Penera never denied that she took part in the conduct of the motorcade after she filed her COC on
the day before the start of the campaign period.
For violating Section 80 of the Omnibus Election Code, proscribing election campaign or partisan political activity outside
the campaign period, Penera must be disqualified from holding the office of Mayor of Sta. Monica. Rosalinda A. Penera vs.
Commission on Elections and Edgar T. Andanar, G.R. No. 181613, September 11, 2009.
CANDIDATES; PREMATURE CAMPAIGNING.
The Dissenting Opinion ultimately concludes that because of Section 15 of Republic Act No. 8436, as amended, the
prohibited act of premature campaigning in Section 80 of the Omnibus Election Code, is practically impossible to commit at
any time.
We disagree. Section 80 of the Omnibus Election Code remains relevant and applicable despite Section 15 of Republic Act
No. 8436, as amended.
A close reading of the entire Republic Act No. 9369, which amended Republic Act No. 8436, would readily reveal that that
it did not contain an express repeal of Section 80 of the Omnibus Election Code. An express repeal is one wherein a statute
declares, usually in its repealing clause, that a particular and specific law,identified by its number or title, is repealed.[35]
Absent this specific requirement, an express repeal may not be presumed.
To our mind, there is no absolute and irreconcilable incompatibility between Section 15 of Republic Act No. 8436, as
amended, and Section 80 of the Omnibus Election Code, which defines the prohibited act of premature campaigning. It is
possible to harmonize and reconcile these two provisions and, thus, give effect to both. Rosalinda A. Penera vs.
Commission on Elections and Edgar T. Andanar, G.R. No. 181613, September 11, 2009.
Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not
exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its
minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.
Evangeline Siton and Krystel Kate Sagarano were charged with vagrancy under Article 202 (2) of the Revised Penal Code.
Instead of submitting their counter-affidavits as directed, they filed separate Motions to Quash on the ground that Article
202 (2) is unconstitutional for being vague and overbroad.
The municipal trial court declared Article 202(2) constitutional. Evangeline and Krystel filed a petition for certiorari and
prohibition with the Regional Trial Court of Davao City, directly challenging the constitutionality of the anti-vagrancy law.
They claimed that the definition of the crime of vagrancy under Article 202 (2), apart from being vague, results in an
arbitrary identification of violators, since the definition of the crime includes in its coverage persons who are otherwise
performing ordinary peaceful acts. They likewise claimed that Article 202 (2) violated the equal protection clause under the
Constitution because it discriminates against the poor and unemployed, thus permitting an arbitrary and unreasonable
classification.
The Regional Trial Court agreed with Evangeline and Krystel. In declaring Article 202 (2) unconstitutional, the Regional
Trial Court opined that the law is vague and violated the equal protection clause. It held that the void for vagueness
doctrine is equally applicable in testing the validity of penal statutes.
The Supreme Court reversed the Regional Trial Court and ruled that Article 202(2) is not vague:
The power to define crimes and prescribe their corresponding penalties is legislative in nature and inherent in the
sovereign power of the state to maintain social order as an aspect of police power. The legislature may even forbid and
penalize acts formerly considered innocent and lawful provided that no constitutional rights have been abridged. However,
in exercising its power to declare what acts constitute a crime, the legislature must inform the citizen with reasonable
precision what acts it intends to prohibit so that he may have a certain understandable rule of conduct and know what acts
it is his duty to avoid. This requirement has come to be known as the void-for-vagueness doctrine which states that a
statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must
necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law. . .
The Regional Trial Court, in asserting the unconstitutionality of Article 202 (2), take support mainly from the U.S. Supreme
Courts opinion in the Papachristou v. City of Jacksonville . . .
The underlying principles in Papachristou are that: 1) the assailed Jacksonville ordinance fails to give a person of ordinary
intelligence fair notice that his contemplated conduct is forbidden by the statute; and 2) it encourages or promotes
opportunities for the application of discriminatory law enforcement.
The said underlying principle in Papachristou that the Jacksonville ordinance, or Article 202 (2) in this case, fails to give
fair notice of what constitutes forbidden conduct, finds no application here because under our legal system, ignorance of
the law excuses no one from compliance therewith. This principle is of Spanish origin, and we adopted it to govern and
limit legal conduct in this jurisdiction. Under American law, ignorance of the law is merely a traditional rule that admits of
exceptions.
Moreover, the Jacksonville ordinance was declared unconstitutional on account of specific provisions thereof, which are not
found in Article 202 (2). . .
Thus, the U.S. Supreme Court in Jacksonville declared the ordinance unconstitutional, because such activities or habits as
nightwalking, wandering or strolling around without any lawful purpose or object, habitual loafing, habitual spending of
time at places where alcoholic beverages are sold or served, and living upon the earnings of wives or minor children, which
are otherwise common and normal, were declared illegal. But these are specific acts or activities not found in Article 202
(2). The closest to Article 202 (2) any person found loitering about public or semi-public buildings or places, or tramping
or wandering about the country or the streets without visible means of support from the Jacksonville ordinance, would
be persons wandering or strolling around from place to place without any lawful purpose or object. But these two acts
are still not the same: Article 202 (2) is qualified by without visible means of support while the Jacksonville ordinance
prohibits wandering or strolling without any lawful purpose or object, which was held by the U.S. Supreme Court to
constitute a trap for innocent acts.
The Supreme Court also ruled that Article 202(2) does not violate the equal protection clause:
Article 202 (2) does not violate the equal protection clause; neither does it discriminate against the poor and the
unemployed. Offenders of public order laws are punished not for their status, as for being poor or unemployed, but for
conducting themselves under such circumstances as to endanger the public peace or cause alarm and apprehension in the
community. Being poor or unemployed is not a license or a justification to act indecently or to engage in immoral conduct.
Vagrancy must not be so lightly treated as to be considered constitutionally offensive. It is a public order crime which
punishes persons for conducting themselves, at a certain place and time which orderly society finds unusual, under such
conditions that are repugnant and outrageous to the common standards and norms of decency and morality in a just,
civilized and ordered society, as would engender a justifiable concern for the safety and well-being of members of the
community.
Finally, the Supreme Court also emphasized the rule the statues are presumed constitutional:
. . . we agree with the position of the State that first and foremost, Article 202 (2) should be presumed valid and
constitutional. When confronted with a constitutional question, it is elementary that every court must approach it with
grave care and considerable caution bearing in mind that every statute is presumed valid and every reasonable doubt
should be resolved in favor of its constitutionality. The policy of our courts is to avoid ruling on constitutional questions and
to presume that the acts of the political departments are valid in the absence of a clear and unmistakable showing to the
contrary. To doubt is to sustain, this presumption is based on the doctrine of separation of powers which enjoins upon each
department a becoming respect for the acts of the other departments. The theory is that as the joint act of Congress and
the President of the Philippines, a law has been carefully studied, crafted and determined to be in accordance with the
fundamental law before it was finally enacted.
It must not be forgotten that police power is an inherent attribute of sovereignty. It has been defined as the power vested
by the Constitution in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws,
statutes and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for
the good and welfare of the commonwealth, and for the subjects of the same. The power is plenary and its scope is vast
and pervasive, reaching and justifying measures for public health, public safety, public morals, and the general welfare. As
an obvious police power measure, Article 202 (2) must therefore be viewed in a constitutional light.
claimed that she does not perform public functions and is without any administrative or political power to speak of that
she is serving the private book publishing industry by advancing their interest as participant in the governments book
development policy.
On January 17, 2001, the Sandiganbayan issued a Resolution denying Javiers motion. Javier filed a petition for certiorari
before the Supreme Court.
Javier hinges her petition on the ground that the Sandiganbayan has committed grave abuse of discretion amounting to
lack of jurisdiction for not quashing the two informations charging her with violation of the Anti-Graft and Corrupt Practices
Act and the Revised Penal Code on malversation of public funds. She advanced the following arguments in support of her
petition, to wit: first, she is not a public officer, and second, she was being charged under two (2) informations, which is in
violation of her right against double jeopardy.
The Supreme Court ruled that Javier was a public officer:
To substantiate her claim, petitioner maintained that she is not a public officer and only a private sector representative,
stressing that her only function among the eleven (11) basic purposes and objectives provided for in Section 4, R.A. No.
8047, is to obtain priority status for the book publishing industry. At the time of her appointment to the NDBD Board, she
was the President of the BSAP, a book publishers association. As such, she could not be held liable for the crimes imputed
against her, and in turn, she is outside the jurisdiction of the Sandiganbayan.
The NBDB is the government agency mandated to develop and support the Philippine book publishing industry. It is a
statutory government agency created by R.A. No. 8047, which was enacted into law to ensure the full development of the
book publishing industry as well as for the creation of organization structures to implement the said policy. To achieve this
end, the Governing Board of the NBDB was created to supervise the implementation. . .
A perusal of the above powers and functions leads us to conclude that they partake of the nature of public functions. A
public office is the right, authority and duty, created and conferred by law, by which, for a given period, either fixed by law
or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of
the government, to be exercised by him for the benefit of the public. The individual so invested is a public officer.
Notwithstanding that petitioner came from the private sector to sit as a member of the NBDB, the law invested her with
some portion of the sovereign functions of the government, so that the purpose of the government is achieved. In this
case, the government aimed to enhance the book publishing industry as it has a significant role in the national
development. Hence, the fact that she was appointed from the public sector and not from the other branches or agencies
of the government does not take her position outside the meaning of a public office. She was appointed to the Governing
Board in order to see to it that the purposes for which the law was enacted are achieved. The Governing Board acts
collectively and carries out its mandate as one body. The purpose of the law for appointing members from the private
sector is to ensure that they are also properly represented in the implementation of government objectives to cultivate the
book publishing industry.
Moreover, the Court is not unmindful of the definition of a public officer pursuant to the Anti-Graft Law, which provides that
a public officer includes elective and appointive officials and employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even nominal, from the government.
Thus, pursuant to the Anti-Graft Law, one is a public officer if one has been elected or appointed to a public office.
Petitioner was appointed by the President to the Governing Board of the NDBD. Though her term is only for a year that
does not make her private person exercising a public function. The fact that she is not receiving a monthly salary is also of
no moment. Section 7, R.A. No. 8047 provides that members of the Governing Board shall receive per diem and such
allowances as may be authorized for every meeting actually attended and subject to pertinent laws, rules and regulations.
Also, under the Anti-Graft Law, the nature of ones appointment, and whether the compensation one receives from the
government is only nominal, is immaterial because the person so elected or appointed is still considered a public officer.
On the other hand, the Revised Penal Code defines a public officer as any person who, by direct provision of the law,
popular election, popular election or appointment by competent authority, shall take part in the performance of public
functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public
duties as an employee, agent, or subordinate official, of any rank or classes, shall be deemed to be a public officer.
Where, as in this case, petitioner performs public functions in pursuance of the objectives of R.A. No. 8047, verily, she is a
public officer who takes part in the performance of public functions in the government whether as an employee, agent,
subordinate official, of any rank or classes. In fact, during her tenure, petitioner took part in the drafting and promulgation
of several rules and regulations implementing R.A. No. 8047. She was supposed to represent the country in the canceled
book fair in Spain.
party is afforded a remedy by elevating the matter to this Court via a petition for certiorari in accordance with Section 1
Rule XI, of the COA Rules of Procedure. National Home Mortgage Finance Corporation vs. Mario Abayari, et al., G.R. No.
166508, October 2, 2009.
COMELEC; CERTIORARI.
It is settled that under Section 7, Article IX-A of the Constitution, what may be brought to this Court on certiorari is the
decision, order or ruling of the COMELEC en banc. However, this rule should not apply when a division of the COMELEC
arrogates unto itself and deprives the en banc of the authority to rule on a motion for reconsideration, like in this case.
In this case, the First Division of the COMELEC violated the cited provisions of the Constitution and the COMELEC Rules of
Procedure when it resolved petitioners motion for reconsideration of its final Order dated November 25, 2008, which
dismissed petitioners appeal. By arrogating unto itself a power constitutionally lodged in the Commission en banc, the
First Division of the COMELEC exercised judgment in excess of, or without, jurisdiction. Hence, the Order issued by the
First Division of the COMELEC dated January 9, 2009, denying petitioners motion for reconsideration, is null and
void. Carmelinda C. Barror vs. The Commission on Elections, et al., G.R. No. 186201, October 9, 2009.
COMELEC; POWERS.
The COMELEC under our governmental structure is a constitutional administrative agency and its powers are essentially
executive in nature (i.e., to enforce and administer election laws), quasi-judicial (to exercise original jurisdiction over
election contests of regional, provincial and city officials and appellate jurisdiction over election contests of other lower
ranking officials), and quasi-legislative (rulemaking on all questions affecting elections and the promulgation of its rules of
procedure).
Historically, the COMELEC has always been an administrative agency whose powers have been increased from the 1935
Constitution to the present one, to reflect the countrys awareness of the need to provide greater regulation and protection
to our electoral processes to ensure their integrity.
The COMELECs adjudicative function is quasi-judicial since it is a constitutional body, other than a court, vested with
authority to decide election contests, and in the course of the exercise of its jurisdiction, to hold hearings and exercise
discretion of a judicial nature; it receives evidence, ascertain the facts from these submissions, determine the law and the
legal rights of the parties, and on the basis of all these decides on the merits of the case and renders judgment. Despite
the exercise of discretion that is essentially judicial in character, particularly with respect to election contests, COMELEC is
not a tribunal within the judicial branch of government and is not a court exercising judicial power in the constitutional
sense; hence, its adjudicative function, exercised as it is in the course of administration and enforcement, is quasi-judicial.
The 1973 Constitution used the unique wording that the COMELEC shall be the sole judge of all contests, thus giving the
appearance that judicial power had been conferred. This phraseology, however, was changed in the 1987 Constitution to
give the COMELEC exclusive jurisdiction over all contests, thus removing any vestige of exercising its adjudicatory power
as a court and correctly aligning it with what it is a quasi-judicial body.Consistent with the characterization of its
adjudicatory power as quasi-judicial, the judicial review of COMELEC en banc decisions (together with the review of Civil
Service Commission decisions) is via the prerogative writ of certiorari, not through an appeal, as the traditional mode of
review of quasi-judicial decisions of administrative tribunals in the exercise the Courts supervisory authority. This means
that the Court will not supplant the decision of the COMELEC as a quasi-judicial body except where a grave abuse of
discretion or any other jurisdictional error exists. Joselito R. Mendoza vs. Commission on Elections and Roberto M.
Pagdanganan, G.R. No. 188308, October 15, 2009.
COMELEC; DECISIONS.
Petitioners argue that the February 28, 2003 resolution of the COMELEC violates Article VIII, Section 14 of the
Constitution, which states that no decision shall be rendered by any court without expressing clearly and distinctly the
facts and the law on which it is based. The COMELEC allegedly made generalizations without detailing the basis for its
findings.
The assailed resolution substantially complied with the constitutional mandate of Article VIII, Section 14 of the
Constitution. The resolution detailed the evidence presented by the parties. Thereafter, it weighed the respective pieces of
evidence submitted by the prosecution and the defense and chose the one that deserved credence. It contained findings of
facts as well as an application of case law.
The purpose of Article VIII, Section 14 of the Constitution is to inform the person reading the decision, especially the
parties, of how it was reached by the court after a consideration of the pertinent facts and an examination of the applicable
laws. The losing party is entitled to know why he lost, so he may appeal to a higher court, if permitted, if he believes that
the decision should be reversed. A decision that does not clearly and distinctly state the facts and the law on which it is
based leaves the parties in the dark as to how it was reached and is especially prejudicial to the losing party, who is unable
to pinpoint the possible errors of the court for review by a higher tribunal. Thus, a decision is adequate if a party desiring
to appeal therefrom can assign errors to it. Roberto Albaa, et al. vs. Pio Jude Belo, et al., G.R. No. 158734, October 2,
2009.
COMELEC; DUE PROCESS.
Based on the pleadings filed, there is no factual and legal basis for the petitioner to complain of denial of his hearing stage
rights. In the first place, he does not dispute that he fully participated in the proceedings of the election protest until the
case was deemed submitted for resolution; he had representation at the revision of the ballots, duly presented his
evidence, and summed up his case through a memorandum. These various phases of the proceedings constitute the
hearing proper of the election contest and the COMELEC has more than satisfied the opportunity to be heard that the Ang
Tibay hearing stage rights require. In these proceedings, the petitioner stood head-to-head with the respondent in an
adversarial contest where both sides were given their respective rights to speak, make their presentations, and controvert
each others submission, subject only to established COMELEC rules of procedures. Under these undisputed facts, both
parties had their day in court, so to speak, and neither one can complain of any denial of notice or of the right to be
heard. Joselito R. Mendoza vs. Commission on Elections and Roberto M. Pagdanganan, G.R. No. 188308, October 15,
2009.
EMINENT DOMAIN; DAMAGES.
In taking respondents property without the benefit of expropriation proceedings and without payment of just
compensation, the City of Pasig clearly acted in utter disregard of respondents proprietary rights. Such conduct cannot be
countenanced by the Court. For said illegal taking, the City of Pasig should definitely be held liable for damages to
respondents. Again, in Manila International Airport Authority v. Rodriguez, the Court held that the government agencys
illegal occupation of the owners property for a very long period of time surely resulted in pecuniary loss to the owner.
Hon. Vicente P. Eusebio, et al. vs.. Jovito M. Luis, et al. G.R. No. 162474, October 13, 2009
EMINENT DOMAIN; ESTOPPEL.
Just like in the Forfom case, herein respondents also failed to question the taking of their property for a long period of
time (from 1980 until the early 1990s) and, when asked during trial what action they took after their property was taken,
witness Jovito Luis, one of the respondents, testified that when we have an occasion to talk to Mayor Caruncho we always
asked for compensation. It is likewise undisputed that what was constructed by the city government on respondents
property was a road for public use, namely, A. Sandoval Avenue in Pasig City. Clearly, as in Forfom, herein respondents are
also estopped from recovering possession of their land, but are entitled to just compensation. Hon. Vicente P. Eusebio, et
al. vs. Jovito M. Luis, et al., G.R. No. 162474, October 13, 2009.
EMINENT DOMAIN; JUST COMPENSATION.
In fixing the just compensation in the present case, the trial court, adopting the market data approach on which
Commissioner Chua relied, merely put premium on the location of the property and the crops planted thereon which are
not among the factors enumerated in Section 17 of RA 6657. And the trial court did not apply the formula provided in DAR
AO 6-92, as amended. This is a clear departure from the settled doctrine regarding the mandatory nature of Section 17 of
RA 6657 and the DAR issuances implementing it.
Not only did Commissioner Chua not consider Section 17 of RA 6657 and DAR AO 6-92, as amended, in his appraisal of the
property. His conclusion that the market data approach conformed with statutory and regulatory requirements is bereft of
basis. Department of Agrarian Reform, rep. OIC-Secretary Nasser C. Pangandaman vs. Jose Marie Rufino, et al., G.R. No.
175644/G.R. No. 175702, October 2, 2009.
EMINENT DOMAIN; JUST COMPENSATION.
With regard to the time as to when just compensation should be fixed, it is settled jurisprudence that where property was
taken without the benefit of expropriation proceedings, and its owner files an action for recovery of possession thereof
before the commencement of expropriation proceedings, it is the value of the property at the time of taking that is
controlling. Hon. Vicente P. Eusebio, et al. vs. Jovito M. Luis, et al., G.R. No. 162474, October 13, 2009.
EMINENT DOMAIN; JUST COMPENSATION.
Petitioners interpretation is flawed. In the recent case of Land Bank of the Philippines v. Chico, the Court declared in no
uncertain terms that R.A. No. 6657 is the relevant law for determining just compensation after noting several decided
cases where the Court found it more equitable to determine just compensation based on the value of the property at the
time of payment. This was a clear departure from the Courts earlier stance in Gabatin v. Land Bank of the Philippines
where it declared that the reckoning period for the determination of just compensation is the time when the land was
taken applying P.D. No. 27 and E.O. No. 228.
P.D. No. 27/E.O. No. 228 vis a vis R.A. No. 6657 was applied to cases involving lands placed under the coverage of P.D. No.
27/E.O. No. 228 where payment of just compensation had not been completed. When in the interim R.A. No. 6657 was
passed before the full payment of just compensation, as in the case at bar, the provisions of R.A. No. 6657 on just
compensation control. Land Bank of the Philippines vs. J. L. Jocson and Sons, G.R. No. 180803, October 23, 2009.
EMINENT DOMAIN; PRESCRIPTION.
Where private property is taken by the Government for public use without first acquiring title thereto either through
expropriation or negotiated sale, the owners action to recover the land or the value thereof does not prescribe. Hon.
Vicente P. Eusebio, et al. vs. Jovito M. Luis, et al., G.R. No. 162474, October 13, 2009.
RIGHT TO BE INFORMED.
Under the Constitution, a person who stands charged of a criminal offense has the right to be informed of the nature and
cause of the accusation against him. The Rules of Court, in implementing the right, specifically require that the acts or
omissions complained of as constituting the offense, including the qualifying and aggravating circumstances, must be
stated in ordinary and concise language, not necessarily in the language used in the statute, but in terms sufficient to
enable a person of common understanding to know what offense is being charged and the attendant qualifying and
aggravating circumstances present, so that the accused can properly defend himself and the court can pronounce
judgment. To broaden the scope of the right, the Rules authorize the quashal, upon motion of the accused, of an
Information that fails to allege the acts constituting the offense. Jurisprudence has laid down the fundamental test in
appreciating a motion to quash an Information grounded on the insufficiency of the facts alleged therein. Jose C. Go vs.
Bangko Sentral ng Pilipinas, G.R. No. 178429, October 23, 2009.
Public Officers
MASS APPOINTMENTS.
It is not difficult to see the reasons behind the prohibition on mass appointments before and after the elections.
Appointments are banned prior to the elections to ensure that partisan loyalties will not be a factor in the appointment
process, and to prevent incumbents from gaining any undue advantage during the elections. To this end, appointments
within a certain period of time are proscribed by the Omnibus Election Code and related issuances. After the elections,
appointments by defeated candidates are prohibited, except under the circumstances mentioned in CSC Resolution No.
010988, to avoid animosities between outgoing and incoming officials, to allow the incoming administration a free hand in
implementing its policies, and to ensure that appointments and promotions are not used as a tool for political patronage or
as a reward for services rendered to the outgoing local officials.
Indeed, not all appointments issued after the elections by defeated officials are invalid. CSC Resolution No. 010988 does
not purport to nullify all mass appointments. However, it must be shown that the appointments have undergone the
regular screening process, that the appointee is qualified, that there is a need to fill up the vacancy immediately, and that
the appointments are not in bulk. Leah M. Nazareno, et al. vs. City of Dumaguete, et al., G.R. No. 181559, October 2,
2009.
Administrative Law
CARDINAL RIGHTS; ADMINISTRATIVE PROCEEDINGS.
The first of the enumerated rights pertain to the substantive rights of a party at hearing stage of the proceedings. The
essence of this aspect of due process is simply the opportunity to be heard, or as applied to administrative proceedings, an
opportunity to explain ones side or an opportunity to seek a reconsideration of the action or ruling complained of. A formal
or trial-type hearing is not at all times and in all instances essential; in the case of COMELEC, Rule 17 of its Rules of
Procedure defines the requirements for a hearing and these serve as the standards in the determination of the presence or
denial of due process.
The second, third, fourth, fifth, and sixth aspects of the Ang Tibay requirements are reinforcements of the right to a
hearing and are the inviolable rights applicable at the deliberative stage, as the decision-maker decides on the evidence
presented during the hearing. These standards set forth the guiding considerations in deliberating on the case and are the
material and substantial components of decision-making. Briefly, the tribunal must consider the totality of the evidence
presented which must all be found in the records of the case (i.e., those presented or submitted by the parties); the
conclusion, reached by the decision-maker himself and not by a subordinate, must be based on substantial evidence.
Finally, the last requirement, relating to the form and substance of the decision of a quasi-judicial body, further
complements the hearing and decision-making due process rights and is similar in substance to the constitutional
requirement that a decision of a court must state distinctly the facts and the law upon which it is based. As a component of
the rule of fairness that underlies due process, this is the duty to give reason to enable the affected person to
understand how the rule of fairness has been administered in his case, to expose the reason to public scrutiny and
criticism, and to ensure that the decision will be thought through by the decision-maker. R. Mendoza vs. Commission on
Elections and Roberto M. Pagdanganan, G.R. No. 188308, October 15, 2009.
EXHAUSTION OF ADMINISTRATIVE REMEDIES.
It is true that the general rule is that before a party is allowed to seek the intervention of the court, he or she should have
availed himself or herself of all the means of administrative processes afforded him or her. Hence, if resort to a remedy
within the administrative machinery can still be made by giving the administrative officer concerned every opportunity to
decide on a matter that comes within his or her jurisdiction, then such remedy should be exhausted first before the courts
judicial power can be sought. The premature invocation of the intervention of the court is fatal to ones cause of action.
The doctrine of exhaustion of administrative remedies is based on practical and legal reasons. The availment of
administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Furthermore, the
courts of justice, for reasons of comity and convenience, will shy away from a dispute until the system of administrative
redress has been completed and complied with, so as to give the administrative agency concerned every opportunity to
correct its error and dispose of the case. However, there are several exceptions to this rule.
The rule on the exhaustion of administrative remedies is intended to preclude a court from arrogating unto itself the
authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special
competence. Thus, a case where the issue raised is a purely legal question, well within the competence; and the
jurisdiction of the court and not the administrative agency, would clearly constitute an exception. Resolving questions of
law, which involve the interpretation and application of laws, constitutes essentially an exercise of judicial power that is
exclusively allocated to the Supreme Court and such lower courts the Legislature may establish. Evelyn Ongsuco and
Antonia Salaya vs. Hon. Mariano M. Malones, etc., G.R. No. 182065, October 27, 2009.
Election Law
PRE-PROCLAMATION CONTROVERSY.
Section 243 of the Omnibus Election Code limits a pre-proclamation controversy to the questions enumerated therein. The
enumeration is restrictive and exclusive. Resultantly, the petition for a pre-proclamation controversy must fail in the
absence of any clear showing or proof that the election returns canvassed are incomplete or contain material defects
(Section 234, Omnibus Election Code); or appear to have been tampered with, falsified or prepared under duress (Section
235, Omnibus Election Code); or contain discrepancies in the votes credited to any candidate, the difference of which
affects the result of the election (Section 236, Omnibus Election Code).
To be noted, too, is that in a pre-proclamation controversy, the COMELEC is restricted to an examination of the election
returns and is without jurisdiction to go beyond or behind the election returns and to investigate election irregularities. For
as long as the election returns appear to be authentic and duly accomplished on their faces, the Board of Canvassers
cannot look beyond or behind the election returns in order to verify allegations of irregularities in the casting or counting of
votes. Ismunlatip H. Suhuri vs. The Honorable Commssion on Elections (En Banc), The Municipal Board of Canvassers of
Patikul, Sulu and Kabir E. Hayundini, G.R. No. 181869, October 2, 2009.
RESIDENCY REQUIREMENT.
The issue of petitioners disqualification for failure to comply with the one-year residency requirement has been resolved
by this Court in Norlainie Mitmug Limbona v. Commission on Elections and Malik Bobby T. Alingan. This case stemmed
from the first disqualification case filed by herein respondent against petitioner, docketed as SPA No. 07-611. Although the
petitioner had withdrawn the Certificate of Candidacy subject of the disqualification case, the Comelec resolved the petition
and found that petitioner failed to comply with the one-year residency requirement, and was, therefore, disqualified from
running as mayor of Pantar. Norlainie Mitmug Limbona vs. Commssion on Elections and Malik Bobby T. Alingan, G.R.
No. 186006, October 16, 2009.
when things or persons are different in facts or circumstances, they may be treated differently in law.
Appreciation of how the constitutional equality provision applies inevitably leads to the conclusion that no basis exists in
the present case for an equal protection challenge. The law can treat barangay officials differently from other local elective
officials because the Constitution itself provides a significant distinction between these elective officials with respect to
length of term and term limitation. The clear distinction, expressed in the Constitution itself, is that while the Constitution
provides for a three-year term and three-term limit for local elective officials, it left the length of term and the application
of the three-term limit or any form of term limitation for determination by Congress through legislation. Not only does this
disparate treatment recognize substantial distinctions, it recognizes as well that the Constitution itself allows a non-uniform
treatment. No equal protection violation can exist under these conditions.
From another perspective, we see no reason to apply the equal protection clause as a standard because the challenged
proviso did not result in any differential treatment between barangay officials and all other elective officials. This
conclusion proceeds from our ruling on the retroactivity issue that the challenged proviso does not involve any retroactive
application. Commission on Elections vs. Conrado Cruz, et al., G.R. No. 186616, November 20, 2009.
CONSTITUTIONALITY; LIS MOTA.
In its last-ditch effort to salvage its case, SEM contends that Proclamation No. 297, issued by President Gloria MacapagalArroyo and declaring the Diwalwal Gold Rush Area as a mineral reservation, is invalid on the ground that it lacks the
concurrence of Congress as mandated by Section 4, Article XII of the Constitution; Section 1 of Republic Act No. 3092;
Section 14 of Executive Order No. 292, otherwise known as the Administrative Code of 1987; Section 5(a) of Republic Act
No. 7586, and Section 4(a) of Republic Act No. 6657.
It is well-settled that when questions of constitutionality are raised, the court can exercise its power of judicial review only
if the following requisites are present: (1) an actual and appropriate case exists; (2) there is a personal and substantial
interest of the party raising the constitutional question; (3) the exercise of judicial review is pleaded at the earliest
opportunity; and (4) the constitutional question is the lis mota of the case.
Taking into consideration the foregoing requisites of judicial review, it is readily clear that the third requisite is absent. The
general rule is that the question of constitutionality must be raised at the earliest opportunity, so that if it is not raised in
the pleadings, ordinarily it may not be raised at the trial; and if not raised in the trial court, it will not be considered on
appeal. Apex Mining Co. Inc. Vs. Southeast Mindanao Gold Mining Corp., et al., G.R. No. 152613/G.R. No. 152628,
November 20, 2009.
CONSTITUTIONALITY; ONE SUBJECT ONE TITLE RULE.
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
We find, under these settled parameters, that the challenged proviso does not violate the one subject-one title rule.
First, the title of RA No. 9164, An Act Providing for Synchronized Barangay and Sangguniang Kabataang Elections,
amending Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, states the laws
general subject matter the amendment of the LGC to synchronize the barangay and SK elections and for other purposes.
To achieve synchronization of the barangay and SK elections, the reconciliation of the varying lengths of the terms of office
of barangay officials and SK officials is necessary. Closely related with length of term is term limitation which defines the
total number of terms for which a barangayofficial may run for and hold office. This natural linkage demonstrates that term
limitation is not foreign to the general subject expressed in the title of the law.
Second, the congressional debates we cited above show that the legislators and the public they represent were fully
informed of the purposes, nature and scope of the laws provisions. Term limitation therefore received the notice,
consideration, and action from both the legislators and the public.
Finally, to require the inclusion of term limitation in the title of RA No. 9164 is to make the title an index of all the subject
matters dealt with by law; this is not what the constitutional requirement contemplates. Commission on Elections vs.
Conrado Cruz, et al., G.R. No. 186616, November 20, 2009.
CONSTITUTIONALITY; POLITICAL QUESTION.
Congress has plenary authority under the Constitution to determine by legislation not only the duration of the term of
barangay officials, but also the application to them of a consecutive term limit. Congress invariably exercised this authority
when it enacted no less than six (6) barangay-related laws since 1987.
Through all these statutory changes, Congress had determined at its discretion both the length of the term of office of
barangay officials and their term limitation. Given the textually demonstrable commitment by the 1987 Constitution to
Congress of the authority to determine the term duration and limition of barangay officials under the Constitution, we
consider it established that whatever Congress, in its wisdom, decides on these matters are political questions beyond the
pale of judicial scrutiny, subject only to the certiorari jurisdiction of the courts provided under Section 1, Article VIII of the
Constitution and to the judicial authority to invalidate any law contrary to the Constitution.
Political questions refer to those questions which, under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive
branch of the government; it is concerned with issues dependent upon the wisdom, not legality of a particular measure.
These questions, previously impervious to judicial scrutiny can now be inquired into under the limited window provided by
Section 1, Article VIII.
Other than the Section 1, Article VIII route, courts can declare a law invalid when it is contrary to any provision of the
Constitution. This requires the appraisal of the challenged law against the legal standards provided by the Constitution, not
on the basis of the wisdom of the enactment. To justify its nullification, the breach of the Constitution must be clear and
unequivocal, not a doubtful or equivocal one, as every law enjoys a strong presumption of constitutionality. These are the
hurdles that those challenging the constitutional validity of a law must overcome. Commission on Elections vs. Conrado
Cruz, et al., G.R. No. 186616, November 20, 2009.
CONSTITUTIONALITY; RETROACTIVITY.
The constitutional challenge must fail for a more fundamental reason the respondents retroactivity objection does not
involve a violation of any constitutional standard.
Retroactivity of laws is a matter
Constitution. Article 4 of the Civil
The application of the Civil Code
they shall have retroactive effect.
of civil law, not of a constitutional law, as its governing law is the Civil Code, not the
Code provides that laws shall have no retroactive effect unless the contrary is provided.
is of course self-explanatory laws enacted by Congress may permissibly provide that
The Civil Code established a statutory norm, not a constitutional standard.
The closest the issue of retroactivity of laws can get to a genuine constitutional issue is if a laws retroactive application will
impair vested rights. Otherwise stated, if a right has already vested in an individual and a subsequent law effectively takes
it away, a genuine due process issue may arise. What should be involved, however, is a vested right to life, liberty or
property, as these are the ones that may be considered protected by the due process clause of the Constitution.
In the present case, the respondents never raised due process as an issue. But even assuming that they did, the
respondents themselves concede that there is no vested right to public office. As the COMELEC correctly pointed out, too,
there is no vested right to an elective post in view of the uncertainty inherent in electoral exercises. Commission on
Elections vs. Conrado Cruz, et al., G.R. No. 186616, November 20, 2009.
Election law
BALLOTS; APPRECIATION.
Although as a rule, the appreciation of contested ballots and election documents involves a question of fact best left to the
determination of the COMELEC, still when it can be shown that, as in this case, it grossly misread evidence of such nature
that compels a different conclusion, the Court will not hesitate to reverse that bodys factual findings.
It is by now a settled truth that no two persons write alike. Even if two handwritings have a common general outlook, they
are apt to be at variance in some basic characteristics that set them apart. Every person uses his own style for forming
letters, technically called personal characteristics. Whatever features two specimens of handwriting may have in common,
they cannot be regarded as written by one person if they show even but one consistent dissimilarity in any feature which is
fundamental to the structure of the handwriting.
Here, the Court did not find, after examining 93 of the excluded ballots pertaining to petitioner Torres, any two or more of
ballots that were filled in by a single hand. Of the 47 pairs of ballots that the En Banc excluded, only two pairs were
correctly excluded because they were written by one person for each pair. 45 pairs turned out to have been filled up by
different hands. While the general outlook of the handwritings on each of the two ballots in any given pair is the same,
such handwritings have distinct personal characteristics. In the same way, the three ballots that were supposedly written
on by one person turned out to have been the work of three different hands. Ramon P. Torres vs. Commission on Elections
and Josephine Joy H. Gaviola, G.R. No. 187956, November 19, 2009.
the suspension of fundamental freedoms, or at least call for the supersedence of executive prerogatives
over those exercised by co-equal branches of government. The declaration of martial law, the suspension
of the writ of habeas corpus, and the exercise of the pardoning power, notwithstanding the judicial
determination of guilt of the accused, all fall within this special class that demands the exclusive exercise
by the President of the constitutionally vested power. The list is by no means exclusive, but there must be
a showing that the executive power in question is of similar gravitas and exceptional import.
In the case at bar, the power of the President to review the Decision of the Secretary of Justice dealing
with the preliminary investigation of cases cannot be considered as falling within the same exceptional
class which cannot be delegated. Besides, the President has not fully abdicated his power of control as
Memorandum Circular No. 58 allows an appeal if the imposable penalty is reclusion perpetua or higher.
Certainly, it would be unreasonable to impose upon the President the task of reviewing all preliminary
investigations decided by the Secretary of Justice. To do so will unduly hamper the other important duties
of the President by having to scrutinize each and every decision of the Secretary of Justice
notwithstanding the latters expertise in said matter.
Finally, the Court ruled that the memorandum circular do not deprive the President of her power of control:
Petitioners contention that Memorandum Circular No. 58 violates both the Constitution and Section 1,
Chapter 1, Book III of EO No. 292, for depriving the President of his power of control over the executive
departments deserves scant consideration. In the first place, Memorandum Circular No. 58 was
promulgated by the Office of the President and it is settled that the acts of the secretaries of such
departments, performed and promulgated in the regular course of business are, unless disapproved or
reprobated by the Chief Executive, presumptively the acts of the Chief Executive. Memorandum Circular
No. 58 has not been reprobated by the President; therefore, it goes without saying that the said
Memorandum Circular has the approval of the President.
REHABILITATION PROCEEDINGS AND THE NON-IMPAIRMENT CLAUSE
Can a rehabilitation court compel a lender to accept a 50% reduction in the borrowers principal obligation? Would that
violate the non-impairment of contracts clause of the Constitution?
In Pacific Wide Realty and Development Corporation vs. Puerto Azul Land, Inc./Pacific Wide Realty and Development
Corporation Vs. Puerto Azul Land, Inc., G.R. No. 178768/G.R. No. 180893, November 25, 2009 , the borrower, Puerto Azul
Land, Inc. (PALI) is the owner and developer of the Puerto Azul Complex situated in Ternate, Cavite. Its business involves
the development of Puerto Azul into a satellite city with residential areas, resort, tourism and retail commercial centers
with recreational areas. In order to finance its operations, it obtained loans from various banks, the principal amount of
which amounted to aroundPhP640 million.
Because of financial difficulties, PALI subsequently filed a petition for rehabilitation. After trial, the rehabilitation court
issued a decision which reads, in part:
The rehabilitation of the petitioner, therefore, shall proceed as follows. . .
2.
Creditors who will not opt for dacion shall be paid in accordance with the restructuring of the obligations as
recommended by the Receiver as follows:
a)
The obligations to secured creditors will be subject to a 50% haircut of the principal, and repayment shall be semiannually over a period of 10 years, with 3-year grace period. Accrued interests and penalties shall be condoned. Interest
shall be paid at the rate of 2% p.a. for the first 5 years and 5% p.a. thereafter until the obligations are fully paid. The
petitioner shall allot 50% of its cash flow available for debt service for secured creditors. Upon completion of payments to
government and employee accounts, the petitioners cash flow available for debt service shall be used until the obligations
are fully paid.
b)
One half (1/2) of the principal of the petitioners unsecured loan obligations to other creditors shall be settled
through non-cash offsetting arrangements, with the balance payable semi-annually over a period of 10 years, with 3-year
grace period, with interest at the rate of 2% p.a. for the first 5 years and 5% p.a. from the 6th year onwards until the
obligations are settled in full. Accrued interest and penalties shall be condoned. (underscoring supplied)
One of the lenders, Export and Industry Bank (EIB), filed with the Court of Appeals (CA) a petition for review under Rule
42 of the Rules of Court. The CA affirmed the decision of the rehabilitation court.
In its petition before the Supreme Court, EIB argues that the rehabilitation plan was unreasonable and in violation of the
non-impairment clause. The Supreme Court disagreed. The court first explained the nature of rehabilitation proceedings:
Rehabilitation contemplates a continuance of corporate life and activities in an effort to restore and reinstate the
corporation to its former position of successful operation and solvency. The purpose of rehabilitation proceedings is to
enable the company to gain a new lease on life and thereby allow creditors to be paid their claims from its earnings. The
rehabilitation of a financially distressed corporation benefits its employees, creditors, stockholders and, in a larger sense,
the general public.
Under the Rules of Procedure on Corporate Rehabilitation, rehabilitation is defined as the restoration of the debtor to a
position of successful operation and solvency, if it is shown that its continuance of operation is economically feasible and its
creditors can recover by way of the present value of payments projected in the plan, more if the corporation continues as a
going concern than if it is immediately liquidated.
An indispensable requirement in the rehabilitation of a distressed corporation is the rehabilitation plan . . .
On EIBs argument that the rehabilitation plan violates the non-impairment clause, the court ruled:
In G.R. No. 180893, the rehabilitation plan is contested on the ground that the same is unreasonable and results in the
impairment of the obligations of contract.PWRDC contests the following stipulations in PALIs rehabilitation plan: fifty
percent (50%) reduction of the principal obligation; condonation of the accrued and substantial interests and penalty
charges; repayment over a period of ten years, with minimal interest of two percent (2%) for the first five years and five
percent (5%) for the next five years until fully paid, and only upon availability of cash flow for debt service.
We find nothing onerous in the terms of PALIs rehabilitation plan. The Interim Rules on Corporate Rehabilitation provides
for means of execution of the rehabilitation plan, which may include, among others, the conversion of the debts or any
portion thereof to equity, restructuring of the debts, dacion en pago, or sale of assets or of the controlling interest.
The restructuring of the debts of PALI is part and parcel of its rehabilitation. Moreover, per findings of fact of the RTC and
as affirmed by the CA, the restructuring of the debts of PALI would not be prejudicial to the interest of PWRDC as a
secured creditor. Enlightening is the observation of the CA in this regard,viz.:
There is nothing unreasonable or onerous about the 50% reduction of the principal amount when, as found by the court a
quo, a Special Purpose Vehicle (SPV) acquired the credits of PALI from its creditors at deep discounts of as much as 85%.
Meaning, PALIs creditors accepted only 15% of their credits value. Stated otherwise, if PALIs creditors are in a position to
accept 15% of their credits value, with more reason that they should be able to accept 50% thereof as full settlement by
their debtor. x x x.
We also find no merit in PWRDCs contention that there is a violation of the impairment clause. Section 10, Article III of the
Constitution mandates that no law impairing the obligations of contract shall be passed. This case does not involve a law or
an executive issuance declaring the modification of the contract among debtorPALI, its creditors and its accommodation
mortgagors. Thus, the non-impairment clause may not be invoked. Furthermore, as held in Oposa v. Factoran, Jr. even
assuming that the same may be invoked, the non-impairment clause must yield to the police power of the State. Property
rights and contractual rights are not absolute. The constitutional guaranty of non-impairment of obligations is limited by
the exercise of the police power of the State for the common good of the general public.
Successful rehabilitation of a distressed corporation will benefit its debtors, creditors, employees, and the economy in
general. The court may approve a rehabilitation plan even over the opposition of creditors holding a majority of the total
liabilities of the debtor if, in its judgment, the rehabilitation of the debtor is feasible and the opposition of the creditors is
manifestly unreasonable. The rehabilitation plan, once approved, is binding upon the debtor and all persons who may be
affected by it, including the creditors, whether or not such persons have participated in the proceedings or have opposed
the plan or whether or not their claims have been scheduled.
Expropriation is not limited to the acquisition of real property with a corresponding transfer of title or possession. The
right-of-way easement resulting in a restriction or limitation on property rights over the land traversed by transmission
lines also falls within the ambit of the term expropriation. National Power Corporation vs. Hon. Amer Ibrahim, etc., et
al., G.R. No. 183297, December 23, 2009.
BILL OF RIGHTS; EMINENT DOMAIN.
In computing for the value of the land subject to acquisition, the formula provided in DAO No. 6, Series of 1992, as
amended, requires that figures pertaining to the Capitalized Net Income (CNI) and Market Value (MV) of the property be
used as inputs in arriving at the correct land valuation. Thus, the applicable formula, as correctly used by the LBP in its
valuation, is LV (Land Value) = (CNI x 0.9) + (MV x 0.1).
To arrive at the figure for the CNI of lands planted to a combination of crops, Item II B.5 of the said administrative order
provides that the same should be computed based on the combination of actual crops produced on the covered land. Land
Bank of the Philippines vs. Kumassie Plantation Company Incorporated/Kumassie Plantation Company Incorporated vs.
Land Bank of the Philippines, et al. G.R. No. 177404/G.R. No. 178097. December 4, 2009.
BILL OF RIGHTS; EMINENT DOMAIN; INTEREST.
The taking of property under CARL is an exercise by the State of the power of eminent domain. A basic limitation on the
States power of eminent domain is the constitutional directive that private property shall not be taken for public use
without just compensation. Just compensation refers to the sum equivalent to the market value of the property, broadly
described to be the price fixed by the seller in open market in the usual and ordinary course of legal action and
competition, or the fair value of the property as between one who receives and one who desires to sell. It is fixed at the
time of the actual taking by the State. Thus, if property is taken for public use before compensation is deposited with the
court having jurisdiction over the case, the final compensation must include interests on its just value, to be computed
from the time the property is taken up to the time when compensation is actually paid or deposited with the court.
National Power Corporation vs. Hon. Amer Ibrahim, etc., et al., G.R. No. 183297, December 23, 2009.
BILL OF RIGHTS; EMINENT DOMAIN; INTEREST.
In Philippine Railway Company v. Solon, decided in 1909, the Court treated interest as part of just compensation when the
payment to the owner was delayed. Apo Fruits Corporation and Hijo Plantation, Inc. vs. The Hon. Court of Appeals, and
Land Bank of the Philippines, G.R. No. 164195. December 4, 2009.
BILL OF RIGHTS; EMINENT DOMAIN; JUST COMPENSATION.
The term just compensation had been defined as the full and fair equivalent of the property taken from its owner by the
expropriator. The measure is not the takers gain, but the owners loss. The word just is used to intensify the meaning of
the word compensation and to convey thereby the idea that the equivalent to be rendered for the property to be taken
shall be real, substantial, full, and ample.
In Camarines Norte Electric Cooperative, Inc. v. Court of Appeals and National Power Corporation v. Manubay AgroIndustrial Development Corporation, the Court sustained the award of just compensation equivalent to the fair and full
value of the property even if petitioners only sought the continuation of the exercise of their right-of-way easement and
not the ownership over the land. There is simply no basis for NPC to claim that the payment of fair market value without
the concomitant transfer of title constitutes an unjust enrichment.
BILL OF RIGHTS; EQUAL PROTECTION.
In order that there can be valid classification so that a discriminatory governmental act may pass the constitutional norm
of equal protection, it is necessary that the four (4) requisites of valid classification be complied with, namely:
(1) It must be based upon substantial distinctions;
(2) It must be germane to the purposes of the law;
(3) It must not be limited to existing conditions only; and
(4) It must apply equally to all members of the class.
The first requirement means that there must be real and substantial differences between the classes treated differently. As
illustrated in the fairly recent Mirasol v. Department of Public Works and Highways, a real and substantial distinction exists
between a motorcycle and other motor vehicles sufficient to justify its classification among those prohibited from plying the
toll ways. Not all motorized vehicles are created equala two-wheeled vehicle is less stable and more easily overturned
than a four-wheel vehicle.
Nevertheless, the classification would still be invalid if it does not comply with the second requirementif it is not germane
to the purpose of the law.
The third requirement means that the classification must be enforced not only for the present but as long as the problem
sought to be corrected continues to exist. And, under the last requirement, the classification would be regarded as invalid
if all the members of the class are not treated similarly, both as to rights conferred and obligations imposed.
Applying the four requisites to the instant case, the Court finds that the differential treatment of persons holding
appointive offices as opposed to those holding elective ones is not germane to the purposes of the law. Eleazar P. Quinto
and Gerino A. Tolentino, Jr. vs. Commission on Elections, G.R. No. 189698, December 1, 2009.
BILL OF RIGHTS; EQUAL PROTECTION.
To the petitioners, the cityhood laws, by granting special treatment to respondent municipalities/LGUs by way of exemption
from the standard PhP 100 million minimum income requirement, violate Sec.1, Art. III of the Constitution, which in part
provides that no person shall be denied the equal protection of the laws.
The equal protection guarantee is embraced in the broader and elastic concept of due process, every unfair discrimination
being an offense against the requirements of justice and fair play. It has nonetheless come as a separate clause in Sec. 1,
Art. III of the Constitution to provide for a more specific protection against any undue discrimination or antagonism from
government. Arbitrariness in general may be assailed on the basis of the due process clause. But if a particular challenged
act partakes of an unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause.
This constitutional protection extends to all persons, natural or artificial, within the territorial jurisdiction. Artificial persons,
as the respondent LGUs herein, are, however, entitled to protection only insofar as their property is concerned.
In the proceedings at bar, petitioner LCP and the intervenors cannot plausibly invoke the equal protection clause, precisely
because no deprivation of property results by virtue of the enactment of the cityhood laws. The LCPs claim that the IRA of
its member-cities will be substantially reduced on account of the conversion into cities of the respondent LGUs would not
suffice to bring it within the ambit of the constitutional guarantee. Indeed, it is presumptuous on the part of the LCP
member-cities to already stake a claim on the IRA, as if it were their property, as the IRA is yet to be allocated. For the
same reason, the municipalities that are not covered by the uniform exemption clause in the cityhood laws cannot validly
invoke constitutional protection. For, at this point, the conversion of a municipality into a city will only affect its status as a
political unit, but not its property as such.
As a matter of settled legal principle, the fundamental right of equal protection does not require absolute equality. It is
enough that all persons or things similarly situated should be treated alike, both as to rights or privileges conferred and
responsibilities or obligations imposed. The equal protection clause does not preclude the state from recognizing and acting
upon factual differences between individuals and classes. It recognizes that inherent in the right to legislate is the right to
classify,necessarily implying that the equality guaranteed is not violated by a legislation based on reasonable classification.
Classification, to be reasonable, must (1) rest on substantial distinctions; (2) be germane to the purpose of the law; (3)
not be limited to existing conditions only; and (4) apply equally to all members of the same class. The Court finds that all
these requisites have been met by the laws challenged as arbitrary and discriminatory under the equal protection clause.
League of Cities of the Philippines, et al. vs. COMELEC, G.R. No. 176951/G.R. No. 177499 & G.R. No. 178056. December
21, 2009.
BILL OF RIGHTS; NON-IMPAIRMENT CLAUSE.
PICOPc cause of action consists in the allegation that the DENR Secretary, in not issuing an IFMA, violated its
constitutional right against non-impairment of contracts. The 1969 document signed by President Marcos is not a contract
recognized under the non-impairment clause. The conclusion that the 1969 Document is not a contract recognized under
the non-impairment clause has even been disposed of in another case decided by another division of this Court, PICOP
Resources, Inc. v. Base Metals Mineral Resources Corporation, the Decision in which case has become final and executory.
Hon. Heherson T. Alvarez vs. PICOP Resources, Inc./PICOP Resources, Inc. vs. Hon. Heherson T. Alavarez/Hon. Angelo T.
Reyes vs. Paper Industries Corporation of the Philippines (PICOP), G.R. No. 162243/G.R. No. 164516/G.R. No. 171875.
December 3, 2009
BILL OF RIGHTS; RIGHT TO SPEEDY TRIAL.
The time limits set by the Speedy Trial Act of 1998 do not preclude justifiable postponements and delays when so
warranted by the situation. The reasons for the postponements and delays attendant to the present case reflected above
are not unreasonable. While the records indicate that neither petitioner nor his counsel was notified of the resetting of the
pre-trial to October 23, 2003, the same appears to have been occasioned by oversight or simple negligence which,
standing alone, does not prove fatal to the prosecutions case. The faux pas was acknowledged and corrected when the
MeTC recalled the arrest warrant it had issued against petitioner under the mistaken belief that petitioner had been duly
notified of the October 23, 2003 pre-trial setting.
Reiterating the Courts pronouncement in Solar Team Entertainment, Inc. that speedy trial is a relative and flexible term,
Lumanlaw v. Peralta, Jr. summons the courts to maintain a delicate balance between the demands of due process and the
strictures of speedy trial on the one hand, and the right of the State to prosecute crimes and rid society of criminals on the
other.
Applying the balancing test for determining whether an accused has been denied his constitutional right to a speedy trial,
or a speedy disposition of his case, taking into account several factors such as the length and reason of the delay, the
accuseds assertion or non-assertion of his right, and the prejudice to the accused resulting from the delay, the Court does
not find petitioner to have been unduly and excessively prejudiced by the delay in the proceedings, especially given that
he had posted bail. Federico Miguel Olbes vs. Hon. Danilo A. Buemio, etc. et al., G.R. No. 173319. December 4, 2009.
BILL OF RIGHTS; RIGHT TO TRAVEL.
Petitioner invokes the extraordinary remedy of the writ of amparo for the protection of his right to travel. He insists that
he is entitled to the protection covered by the Rule on the Writ of Amparo because the Hold Departure Order is a
continuing actual restraint on his right to travel. The Court is thus called upon to rule whether or not the right to travel is
covered by the Rule on the Writ of Amparo.
The rights that fall within the protective mantle of the Writ of Amparo under Section 1 of the Rules thereon are the
following: (1) right to life; (2) right to liberty; and (3) right to security.
The right to travel refers to the right to move from one place to another. As stated in Marcos v. Sandiganbayan, xxx a
persons right to travel is subject to the usual constraints imposed by the very necessity of safeguarding the system of
justice. In such cases, whether the accused should be permitted to leave the jurisdiction for humanitarian reasons is a
matter of the courts sound discretion.
Here, the restriction on petitioners right to travel as a consequence of the pendency of the criminal case filed against him
was not unlawful. Petitioner has also failed to establish that his right to travel was impaired in the manner and to the
extent that it amounted to a serious violation of his right to life, liberty and security, for which there exists no readily
available legal recourse or remedy. Rev. Father Robert P. Reyes vs. Court of Appeals, et al., G.R. No. 182161, December
3, 2009.
CIVIL SERVICE COMMISSION; JURISDICTION OVER COURT PERSONNEL.
The CSCs authority and power to hear and decide administrative disciplinary cases are not in dispute. The question is
whether the CSCs disciplinary jurisdiction extends to court personnel in view of Section 6, Article VIII of the 1987
Constitution.
In the Julaton and Sta. Ana cases, the CSC recognized the disciplinary jurisdiction of the Supreme Court over court
personnel. This is consonant with Section 6, Article VIII of the 1987 Constitution vesting in the Supreme Court
administrative supervision over all courts and the personnel thereof.
By virtue of this power, it is only the Supreme Court that can oversee the judges and court personnels administrative
compliance with all laws, rules and regulations. No other branch of government may intrude into this power, without
running afoul of the doctrine of separation of powers. This we have ruled in Maceda v. Vasquez and have reiterated in the
case of Ampong v. Civil Service Commission. In Ampong, we also emphasized that in case of violation of the Civil Service
Law by a court personnel, the standard procedure is for the CSC to bring its complaint against a judicial employee before
the Office of the Court Administrator of the Supreme Court. Civil Service Commission vs. Herminigildo L. Andal, G.R. No.
185749, December 16, 2009.
CIVIL SERVICE COMMISSION; JURISDICTION.
The CSC, as the central personnel agency of the Government, has jurisdiction over disputes involving the removal and
separation of all employees of government branches, subdivisions, instrumentalities and agencies, including government-
owned or controlled corporations with original charters. Simply put, it is the sole arbiter of controversies relating to the
civil service.
In this case, petitioners are former local government employees whose services were terminated due to the reorganization
of the municipal government under Resolution Nos. 27 and 80 of the Sangguniang Bayan of San Isidro, Nueva Ecija.
Considering that they belong to the civil service, the CSC has jurisdiction over their separation from office. Evelyn S.
Cabungcal, et al. vs. Sonia R. Lorenzo, et al., G.R. No. 160367, December 18, 2009.
COMELEC; CONTEMPT.
The main thrust of petitioners argument is that the COMELEC exceeded its jurisdiction in initiating the contempt
proceedings when it was performing its administrative and not its quasi-judicial functions as the National Board of
Canvassers for the election of senators. According to petitioner, the COMELEC may only punish contemptuous acts while
exercising its quasi-judicial functions.
The COMELEC, through the Task Force Maguindanao, was exercising its quasi-judicial power in pursuit of the truth behind
the allegations of massive fraud during the elections in Maguindanao. To achieve its objective, the Task Force conducted
hearings and required the attendance of the parties concerned and their counsels to give them the opportunity to argue
and support their respective positions.
To withhold from the COMELEC the power to punish individuals who refuse to appear during a fact-finding investigation,
despite a previous notice and order to attend, would render nugatory the COMELECs investigative power, which is an
essential incident to its constitutional mandate to secure the conduct of honest and credible elections. In this case, the
purpose of the investigation was however derailed when petitioner obstinately refused to appear during said hearings and
to answer questions regarding the various election documents which, he claimed, were stolen while they were in his
possession and custody. Undoubtedly, the COMELEC could punish petitioner for such contumacious refusal to attend the
Task Force hearings. Lintang Bedol vs. Commssion on Elections, G.R. No. 179830, December 3, 2009.
CONSTITUTIONALITY; LOCUS STANDI.
Central to the determination of locus standi is the question of whether a party has alleged such a personal stake in the
outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which
the court so largely depends for illumination of difficult constitutional questions. In this case, petitioners allege that they
will be directly affected by COMELEC Resolution No. 8678 for they intend, and they all have the qualifications, to run in the
2010 elections. The OSG, for its part, contends that since petitioners have not yet filed their CoCs, they are not yet
candidates; hence, they are not yet directly affected by the assailed provision in the COMELEC resolution.
The Court, nevertheless, finds that, while petitioners are not yet candidates, they have the standing to raise the
constitutional challenge, simply because they are qualified voters. A restriction on candidacy, such as the challenged
measure herein, affects the rights of voters to choose their public officials. The rights of voters and the rights of candidates
do not lend themselves to neat separation; laws that affect candidates always have at least some theoretical, correlative
effect on voters. The Court believes that both candidates and voters may challenge, on grounds of equal protection, the
assailed measure because of its impact on voting rights.
In any event, in recent cases, this Court has relaxed the stringent direct injury test and has observed a liberal policy
allowing ordinary citizens, members of Congress, and civil organizations to prosecute actions involving the constitutionality
or validity of laws, regulations and rulings. Eleazar P. Quinto and Gerino A. Tolentino, Jr. vs. Commission on
Elections, G.R. No. 189698, December 1, 2009.
CONSTITUTIONALITY; LOCUS STANDI.
A taxpayer is allowed to sue where there is a claim that public funds are illegally disbursed, or that the public money is
being deflected to any improper purpose, or that there is wastage of public funds through the enforcement of an invalid or
unconstitutional law. A person suing as a taxpayer, however, must show that the act complained of directly involves the
illegal disbursement of public funds derived from taxation. He must also prove that he has sufficient interest in preventing
the illegal expenditure of money raised by taxation and that he will sustain a direct injury because of the enforcement of
the questioned statute or contract. In other words, for a taxpayers suit to prosper, two requisites must be met: (1) public
funds derived from taxation are disbursed by a political subdivision or instrumentality and in doing so, a law is violated or
some irregularity is committed and (2) the petitioner is directly affected by the alleged act.
In light of the foregoing, it is apparent that contrary to the view of the RTC, a taxpayer need not be a party to the contract
to challenge its validity. As long as taxes are involved, people have a right to question contracts entered into by the
government.
In this case, although the construction of the town center would be primarily sourced from the proceeds of the bonds,
which respondents insist are not taxpayers money, a government support in the amount of P187 million would still be
spent for paying the interest of the bonds. In fact, a Deed of Assignment was executed by the governor in favor of
respondent RCBC over the Internal Revenue Allotment (IRA) and other revenues of the provincial government as payment
and/or security for the obligations of the provincial government under the Trust Indenture Agreement dated September 17,
2003. Records also show that on March 4, 2004, the governor requested the Sangguniang Panlalawigan to appropriate an
amount of P25 million for the interest of the bond. Clearly, the first requisite has been met.
As to the second requisite, the court, in recent cases, has relaxed the stringent direct injury test bearing in mind
that locus standi is a procedural technicality. By invoking transcendental importance, paramount public interest, or farreaching implications, ordinary citizens and taxpayers were allowed to sue even if they failed to show direct injury. In
cases where serious legal issues were raised or where public expenditures of millions of pesos were involved, the court did
not hesitate to give standing to taxpayers. Manuel Mamba, et al. vs. Edgar R. Lara, et al., G.R. No. 165109, December
14, 2009.
CONSTITUTIONALITY; JUSTICIABILITY.
A political question is a question of policy, which is to be decided by the people in their sovereign capacity or by the
legislative or the executive branch of the government to which full discretionary authority has been delegated.
In filing the instant case before the RTC, petitioners seek to restrain public respondents from implementing the bond
flotation and to declare null and void all contracts related to the bond flotation and construction of the town center. In the
petition before the RTC, they alleged grave abuse of discretion and clear violations of law by public respondents. They put
in issue the overpriced construction of the town center; the grossly disadvantageous bond flotation; the irrevocable
assignment of the provincial governments annual regular income, including the IRA, to respondent RCBC to cover and
secure the payment of the bonds floated; and the lack of consultation and discussion with the community regarding the
proposed project, as well as a proper and legitimate bidding for the construction of the town center.
Obviously, the issues raised in the petition do not refer to the wisdom but to the legality of the acts complained of. Thus,
we find the instant controversy within the ambit of judicial review. Besides, even if the issues were political in nature, it
would still come within our powers of review under the expanded jurisdiction conferred upon us by Section 1, Article VIII
of the Constitution, which includes the authority to determine whether grave abuse of discretion amounting to excess or
lack of jurisdiction has been committed by any branch or instrumentality of the government. Manuel Mamba, et al. vs.
Edgar R. Lara, et al., G.R. No. 165109, December 14, 2009.
CONSTITUTIONALITY; OVERBROAD.
The challenged provision also suffers from the infirmity of being overbroad.
First, the provision pertains to all civil servants holding appointive posts without distinction as to whether they occupy high
positions in government or not. Certainly, a utility worker in the government will also be considered as ipso facto resigned
once he files his CoC for the 2010 elections. This scenario is absurd for, indeed, it is unimaginable how he can use his
position in the government to wield influence in the political world.
While it may be admitted that most appointive officials who seek public elective office are those who occupy relatively high
positions in government, laws cannot be legislated for them alone, or with them alone in mind. For the right to seek public
elective office is universal, open and unrestrained, subject only to the qualification standards prescribed in the Constitution
and in the laws. These qualifications are, as we all know, general and basic so as to allow the widest participation of the
citizenry and to give free rein for the pursuit of ones highest aspirations to public office. Such is the essence of democracy.
Second, the provision is directed to the activity of seeking any and all public offices, whether they be partisan or
nonpartisan in character, whether they be in the national, municipal or barangay level. Congress has not shown a
compelling state interest to restrict the fundamental right involved on such a sweeping scale.
Specific evils require specific treatments, not through overly broad measures that unduly restrict guaranteed freedoms of
the citizenry. After all, sovereignty resides in the people, and all governmental power emanates from them. Eleazar P.
Quinto and Gerino A. Tolentino, Jr. vs. Commission on Elections, G.R. No. 189698, December 1, 2009.
HRET; JURISDICTION.
The 1987 Constitution explicitly provides under Article VI, Section 17 thereof that the HRET and the Senate Electoral
Tribunal (SET) shall be the sole judges of all contests relating to the election, returns, and qualifications of their respective
members. The authority conferred upon the Electoral Tribunal is full, clear and complete. The use of the word sole
emphasizes the exclusivity of the jurisdiction of these Tribunals, which is conferred upon the HRET and the SET after
elections and the proclamation of the winning candidates. A candidate who has not been proclaimed and who has not
taken his oath of office cannot be said to be a member of the House of Representatives.
Thus, private respondent correctly pointed out that a petition for quo warranto is within the exclusive jurisdiction of the
HRET, and cannot be considered forum shopping even if, as in this case, the COMELEC had already passed upon in
administrative or quasi-judicial proceedings the issue of the qualification of the Member of the House of Representatives
while the latter was still a candidate. Representative Danila Ramon S. Fernandez vs. House of Representatives Electoral
Tribunal and Jesus L. Vicente, G.R. No. 187478, December 21, 2009.
NATURAL RESOURCES; LAND OWNERSHIP.
Radstock is a private corporation incorporated in the British Virgin Islands. Its office address is at Suite 14021 Duddell
Street, Central Hongkong. As a foreign corporation, with unknown owners whose nationalities are also unknown, Radstock
is not qualified to own land in the Philippines pursuant to Section 7, in relation to Section 3, Article XII of the Constitution.
Consequently, Radstock is also disqualified to own the rights to ownership of lands in the Philippines. Contrary to the
OGCCs claim, Radstock cannot own the rights to ownership of any land in the Philippines because Radstock cannot lawfully
own the land itself. Otherwise, there will be a blatant circumvention of the Constitution, which prohibits a foreign private
corporation from owning land in the Philippines. In addition, Radstock cannot transfer the rights to ownership of land in the
Philippines if it cannot own the land itself. It is basic that an assignor or seller cannot assign or sell something he does not
own at the time the ownership, or the rights to the ownership, are to be transferred to the assignee or buyer. Strategic
Alliance Development Corporation vs. Radstock Securities Limited and Philippine National Construction Corporation, G.R.
No. 178158/G.R. No. 180428, December 4, 2009.
POLICE POWER; MMDA.
MMDA simply had no power on its own to dismantle, remove, or destroy the billboards, signages and other advertising
media installed on the MRT3 structure by Trackworks. In Metropolitan Manila Development Authority v. Bel-Air Village
Association, Inc., Metropolitan Manila Development Authority v. Viron Transportation Co., Inc., and Metropolitan Manila
Development Authority v. Garin, the Court had the occasion to rule that MMDAs powers were limited to the formulation,
coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installing a system,
and administration. Nothing in Republic Act No. 7924 granted MMDA police power, let alone legislative power. Metropolitan
Manila Development Authority vs.. Trackworks Rail Transit Advertising, Vending and Promotions, Inc., G.R. No. 179554,
December 16, 2009.
PUBLIC FUNDS; APPROPRIATION.
Applying Section 29(1), Article VI of the Constitution, as implanted in Sections 84 and 85 of the Government Auditing
Code, a law must first be enacted by Congress appropriating P6.185 billion as compromise money before payment to
Radstock can be made. Otherwise, such payment violates a prohibitory law and thus void under Article 5 of the Civil Code
which states that [a]cts executed against the provisions of mandatory or prohibitory laws shall be void, except when the
law itself authorizes their validity.
Indisputably, without an appropriation law, PNCC cannot lawfully pay P6.185 billion to Radstock. Any contract allowing
such payment, like the Compromise Agreement, shall be void as provided in Section 87 of the Government Auditing
Code.
PNCC cannot use public funds, like toll fees that indisputably form part of the General Fund, to pay a private debt of CDCP
Mining to Radstock. Such payment cannot qualify as expenditure for a public purpose. The toll fees are merely held in trust
by PNCC for the National Government, which is the owner of the toll fees.
Considering that there is no appropriation law passed by Congress for the P6.185 billion compromise amount, the
Compromise Agreement is void for being contrary to law, specifically Section 29(1), Article VI of the Constitution and
Section 87 of PD 1445. And since the payment of the P6.185 billion pertains to CDCP Minings private debt to Radstock, the
Compromise Agreement is also void for being contrary to the fundamental public policy that government funds or property
shall be spent or used solely for public purposes, as provided in Section 4(2) of the Government Auditing Code. Strategic
Alliance Development Corporation vs. Radstock Securities Limited and Philippine National Construction Corporation, G.R.
No. 178158/G.R. No. 180428, December 4, 2009.
Administrative Law
ADMINISTRATIVE PROCEEDINGS; DUE PROCESS.
It is settled that in administrative proceedings, a fair and reasonable opportunity to explain ones side suffices to meet the
requirements of due process. The essence of procedural due process is embodied in the basic requirement of notice and a
real opportunity to be heard.
In the present case, since PCMC was properly informed of the supposed discrepancy in its import and export liquidations,
that it was given ample opportunity by the PEZA management to be heard or to explain its side in relation to its
unaccounted imported materials and that it was subsequently informed of the decision of the PEZA Board to cancel its
registration on the basis of its assessment of the evidence presented or lack thereof, petitioners cannot claim that they
were denied their right to due process of law. Philippine Economic Zone Authority (PEZA), et al. Vs. Pearl City
Manufacturing Corporation, et al., G.R. No. 168668, December 16, 2009.
ADMINISTRATIVE PROCEEDINGS; DUE PROCESS.
The CA correctly concluded that petitioners right to due process was not violated. Due process, as a constitutional precept,
does not always, and in all situations, require a trial-type proceeding. Litigants may be heard through pleadings, written
explanations, position papers, memoranda or oral arguments. Due process is satisfied when a person is notified of the
charge against him and given an opportunity to explain or defend himself. In administrative proceedings, filing charges
against the person and giving reasonable opportunity to the person so charged to answer the accusations against him
constitute the minimum requirements of due process. The essence of due process is simply to be heard; or as applied to
administrative proceedings, an opportunity to explain ones side, or an opportunity to seek a reconsideration of the action
or ruling complained of.
Petitioner actively participated in the proceedings before the Office of the Ombudsman. She was given every opportunity to
submit various pleadings and documents in support of her claim, which she, in fact, did through her counter-affidavit and
documentary evidence, manifestation and motion, memorandum on appeal, etc. In her Manifestation and Motion,
petitioner moved and submitted the case for resolution based on the arguments and evidentiary records that were
submitted before the Ombudsman. These were all duly acted upon by the Ombudsman. Petitioner was given all the
opportunity to present her side. Due process was, therefore, properly observed. Lily O. Orbase Vs. Office of the
Ombudsman and Adoracion Mendoza-Bolos, G.R. No. 175115. December 23, 2009
ADMINISTRATIVE PROCEEDINGS; EXHAUSTION OF REMEDIES.
The rule on exhaustion of administrative remedies provides that a party must exhaust all administrative remedies to give
the administrative agency an opportunity to decide the matter and to prevent unnecessary and premature resort to the
courts. This, however, is not an ironclad rule as it admits of exceptions, viz:
1.
2.
3.
when the administrative action is patently illegal amounting to lack or excess of jurisdiction;
4.
5.
6.
when the respondent is a department secretary whose acts as an alter ego of the President bears the implied and
assumed approval of the latter;
7.
8.
9.
10.
when the rule does not provide a plain, speedy and adequate remedy; and
11.
The instant case does not fall under any of the exceptions. Petitioners filing of a petition for mandamus and prohibition
with the CA was premature. It bears stressing that the remedies of mandamus and prohibition may be availed of only
when there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law. Moreover, being
extraordinary remedies, resort may be had only in cases of extreme necessity where the ordinary forms of procedure are
powerless to afford relief.
Thus, instead of immediately filing a petition with the CA, petitioners should have first brought the matter to the CSC
which has primary jurisdiction over the case. Evelyn S. Cabungcal, et al. vs. Sonia R. Lorenzo, et al., G.R. No. 160367,
December 18, 2009.
EO 259; LACK OF IMPLEMENTING RULES.
Carabeo impugns the validity of EO 259 for lack of implementing rules and regulations. Indeed, EO 259 lacks any
implementing guidelines. However, such fact is immaterial and does not affect, in any manner, the validity of the criminal
and administrative charges against Carabeo. While the DOF-RIPS derived from EO 259 its power and authority to gather
evidence against DOF officials and employees suspected of graft and corruption, the DOF-RIPS need not be vested with
such power in order to validly file criminal and administrative charges against Carabeo. In fact, any concerned ordinary
citizen can file criminal and administrative charges against any corrupt government official or employee if there exists
sufficient evidence of culpability. Hence, the DOF-RIPS, even without EO 259 and whether as subordinates of the Secretary
of Finance or as private citizens, can validly file criminal and administrative charges against Carabeo.
At any rate, the Court finds that EO 259 is basically internal in nature needing no implementing rules and regulations in
order to be enforceable. Principally aimed at curbing graft and corruption in the DOF and its attached agencies,[14] EO
259 covers only officers and employees. Liberato M. Carabeo vs. Court of Appeals, et al., G.R. No. 178000 & G.R. No.
178003, December 4, 2009.
LLDA; FINES.
The Laguna Lake Development Authority has the power to impose fines. Pacific Steam Laundry, Inc. vs. Laguna Lake
Development Authority G.R. No. 165299. December 18, 2009
Ombudsman; jurisdiction. At the time of the filing of the case against petitioner, she was the Assistant Director of the
National Library; as such, as an appointive employee of the government, the jurisdiction of the Office of the Ombudsman
to take cognizance of the action against the petitioner was beyond contestation.
Moreover, petitioners claim that the Ombudsman does not have jurisdiction over the action, since the act complained of
was committed before her entering government service, cannot be sustained. Under Section 46 (18), Title I, Book V of the
Administrative Code of 198, even if the dishonest act was committed by the employee prior to entering government
service, such act is still a ground for disciplinary action. Lily O. Orbase vs. Office of the Ombudsman and Adoracion
Mendoza-Bolos, G.R. No. 175115. December 23, 2009
OMBUDSMAN; PRESCRIPTION.
Petitioner insists that Section 20 (5) of R.A. No. 6770 proscribes the investigation of any administrative act or omission if
the complaint was filed one year after the occurrence of the act or omission complained of.
In Office of the Ombudsman v. De Sahagun, the Court held that the period stated in Section 20 (5) of R.A. No. 6770 does
not refer to the prescription of the offense, but to the discretion given to the Office of the Ombudsman on whether it would
investigate a particular administrative offense. The use of the word may in the provision is construed as permissive and
operating to confer discretion. Where the words of a statute are clear, plain and free from ambiguity, they must be given
their literal meaning and applied without attempted interpretation.
It is, therefore, discretionary upon the Ombudsman whether or not to conduct an investigation of a complaint filed before
it even if it was filed one year after the occurrence of the act or omission complained of. Thus, while the complaint herein
was filed three years after the occurrence of the act imputed to petitioner, it was within the authority of the Office of the
Ombudsman to act, to proceed with and conduct an investigation of the subject complaint. Lily O. Orbase vs. Office of
the Ombudsman and Adoracion Mendoza-Bolos, G.R. No. 175115. December 23, 2009
OSG. Only the OSG can bring or defend actions on behalf of the Republic or represent the People or the State in criminal
proceedings pending in this Court and the CA.
While there may be rare occasions when the offended party may be allowed to pursue the criminal action on his own
behalf, as when there is a denial of due process, this exceptional circumstance does not obtain in the instant case. Elvira
O. Ong vs. Jose Casim Genio, G.R. No. 182336, December 23, 2009.
Election Law
APPOINTIVE OFFICIALS; RESIGNATION.
In considering persons holding appointive positions as ipso facto resigned from their posts upon the filing of their CoCs,
but not considering as resigned all other civil servants, specifically the elective ones, the law unduly discriminates against
the first class. The fact alone that there is substantial distinction between those who hold appointive positions and those
occupying elective posts, does not justify such differential treatment. Eleazar P. Quinto and Gerino A. Tolentino, Jr. vs.
Commission on Elections, G.R. No. 189698, December 1, 2009.
CANDIDATES; RESIDENCY REQUIREMENT.
The qualifications of a member of the House of Representatives are found in Article VI, Section 6 of the Constitution.
The evidence presented by private respondent before the HRET hardly suffices to prove that petitioner failed to comply
with the one-year residency requirement under the Constitution. Private respondents documentary evidence to disqualify
petitioner mainly consisted of (a) petitioners certificates of candidacy (COCs) for various positions in 1998, 2001 and
2004, which all indicated his residence as Pagsanjan, Laguna within the Fourth District of said province; (b) his application
for a drivers license in August 2005 that indicated Pagsanjan, Laguna as his residence; and (c) the statement in his COCs
including his 2007 COC for Congressman for the First District of Laguna that his place of birth was Pagsanjan, Laguna.
The HRET puts undue emphasis on the fact that petitioner is only leasing a townhouse in Sta. Rosa while he owns houses
in Pagsanjan and Cabuyao. His ownership of properties in other places has been taken to mean that petitioner did not
intend to make Sta. Rosa his permanent residence or that he had not abandoned his domicile of origin.
Although it is true that the latest acquired abode is not necessarily the domicile of choice of a candidate, there is nothing in
the Constitution or our election laws which require a congressional candidate to sell a previously acquired home in one
district and buy a new one in the place where he seeks to run in order to qualify for a congressional seat in that other
district. Neither do we see the fact that petitioner was only leasing a residence in Sta. Rosa at the time of his candidacy as
a barrier for him to run in that district. Certainly, the Constitution does not require a congressional candidate to be a
property owner in the district where he seeks to run but only that he resides in that district for at least a year prior to
election day. To use ownership of property in the district as the determinative indicium of permanence of domicile or
residence implies that only the landed can establish compliance with the residency requirement. This Court would be, in
effect, imposing a property requirement to the right to hold public office, which property requirement would be
unconstitutional.
This case must be distinguished from Aquino v. COMELEC and Domino v. COMELEC, where the disqualified candidate was
shown to be merely leasing a residence in the place where he sought to run for office. In Aquino and Domino, there
appeared to be no other material reason for the candidate to lease residential property in the place where he filed his COC,
except to fulfill the residency requirement under election laws.
In the case at bar, there are real and substantial reasons for petitioner to establish Sta. Rosa as his domicile of choice and
abandon his domicile of origin and/or any other previous domicile. Representative Danila Ramon S. Fernandez vs. House
of Representatives Electoral Tribunal and Jesus L. Vicente, G.R. No. 187478, December 21, 2009.
TERM LIMIT; PREVENTIVE SUSPENSION.
The preventive suspension of an elected public official does not interrupt of his term of office for purposes of the threeterm limit rule under Section 8, Article X of the Constitution and Section 43(b) of Republic Act No. 7160. Simon B.
Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong vs. Commission on Elections and Wilfredo F. Asilo, G.R. No.
184836, December 23, 2009.
Local Government Code
CREATION OF CITIES.
When Article X, Section 10 of the 1987 Constitution speaks of the LGC, the reference cannot be to any specific statute or
codification of laws, let alone the LGC of 1991. At the time of the adoption of the 1987 Constitution, Batas Pambansa Blg.
(BP) 337, the then LGC, was still in effect. Accordingly, had the framers of the 1987 Constitution intended to isolate the
embodiment of the criteria only in the LGC, then they would have actually referred to BP 337. Also, they would then not
have provided for the enactment by Congress of a new LGC, as they did in Art. X, Sec. 3 of the Constitution.
Consistent with its plenary legislative power on the matter, Congress can, via either a consolidated set of laws or a much
simpler, single-subject enactment, impose the said verifiable criteria of viability. These criteria need not be embodied in the
local government code, albeit this code is the ideal repository to ensure, as much as possible, the element of uniformity.
Congress can even, after making a codification, enact an amendatory law, adding to the existing layers of indicators earlier
codified, just as efficaciously as it may reduce the same. In this case, the amendatory RA 9009 upped the already codified
income requirement from PhP 20 million toPhP 100 million. At the end of the day, the passage of amendatory laws is no
different from the enactment of laws, i.e., the cityhood laws specifically exempting a particular political subdivision from
the criteria earlier mentioned. Congress, in enacting the exempting law/s, effectively decreased the already codified
indicators. League of Cities of the Philippines, et al. vs. COMELEC, G.R. No. 176951/G.R. No. 177499 & G.R. No. 178056.
December 21, 2009.
SANGGUNIAN APPROVAL.
PICOP had claimed that it complied with Sections 2(c), 26 and 27 of the Local Government Code (which requires the prior
approval of the Sanggunian concerned) by submitting a purported resolution of the Province of Surigao del Sur indorsing
the approval of PICOPs application for IFMA conversion. This cannot be deemed sufficient compliance with the foregoing
provision. Surigao del Sur is not the only province affected by the area covered by the proposed IFMA. Hon. Heherson T.
Alvarez vs. PICOP Resources, Inc./PICOP Resources, Inc. vs. Hon. Heherson T. Alavarez/Hon. Angelo T. Reyes vs. Paper
Industries Corporation of the Philippines (PICOP), G.R. No. 162243/G.R. No. 164516/G.R. No. 171875. December 3, 2009
Other laws
There is no official record that the population of the City of Malolos will be at least 250,000, actual or projected, prior to
the 10 May 2010 elections, the immediately following election after the supposed attainment of such population. Thus, the
City of Malolos is not qualified to have a legislative district of its own under Section 5(3), Article VI of the 1987 Constitution
and Section 3 of the Ordinance appended to the 1987 Constitution. Victorino Aldaba, et al. vs. Commission on
Elections, G.R. No. 188078, January 25, 2010.
Administrative Law
ADMINISTRATIVE AGENCIES; FINDINGS OF FACT.
The findings of fact of administrative bodies, such as the SEC, will not be interfered with by the courts in the absence of
grave abuse of discretion on the part of said agencies, or unless the aforementioned findings are not supported by
substantial evidence. These factual findings carry even more weight when affirmed by the CA. They are accorded not only
great respect but even finality, and are binding upon this Court, unless it is shown that the administrative body had
arbitrarily disregarded or misapprehended evidence before it to such an extent as to compel a contrary conclusion had
such evidence been properly appreciated. By reason of the special knowledge and expertise of administrative agencies
over matters falling under their jurisdiction, they are in a better position to pass judgment thereon.
A review of the petition does not show any reversible error committed by the appellate court; hence, the petition must be
denied. Petitioner failed to present any argument that would convince the Court that the SEC and the CA made any
misappreciation of the facts and the applicable laws such that their decisions should be overturned. Catmon Sales
International Corporation vs. Atty. Manuel D. Yngson, Jr. as Liquidator of Catmon Sales International Corporation, G.R. No.
179761, January 15, 2010.
Election Law
BALLOTS; NUISANCE CANDIDATES.
Ensconced in our jurisprudence is the well-founded rule that laws and statutes governing election contests especially
appreciation of ballots must be liberally construed to the end that the will of the electorate in the choice of public officials
may not be defeated by technical infirmities. An election protest is imbued with public interest so much so that the need to
dispel uncertainties which becloud the real choice of the people is imperative. The prohibition against nuisance candidates
is aimed precisely at preventing uncertainty and confusion in ascertaining the true will of the electorate. Thus, in certain
situations as in the case at bar, final judgments declaring a nuisance candidate should effectively cancel the certificate of
candidacy filed by such candidate as of election day. Otherwise, potential nuisance candidates will continue to put the
electoral process into mockery by filing certificates of candidacy at the last minute and delaying resolution of any petition
to declare them as nuisance candidates until elections are held and the votes counted and canvassed.
We therefore hold that ballots indicating only the similar surname of two (2) candidates for the same position may, in
appropriate cases, be counted in favor of the bona fide candidate and not considered stray, even if the other candidate was
declared a nuisance candidate by final judgment after the elections. Accordingly, the 5,401 votes for MARTINEZ or C.
MARTINEZ should be credited to petitioner giving him a total of 72,056 votes as against 67,108 total votes of private
respondent. Petitioner thus garnered more votes than private respondent with a winning margin of 4,948 votes. Celestino
A. Martinez III vs. House of Representatives Electoral Tribunal and Benhur L. Salimbangon, G.R. No. 189034, January 11,
2010.
ELECTION CONTEST; APPEAL.
For the sake of laying down clearly the rules regarding the payment of the appeal fee, a discussion of the application of the
recent Divinagracia v. COMELEC to election contests involving elective municipal and barangay officials is necessary.
Divinagracia explained the purpose of Resolution No. 8486 which, as earlier stated, the COMELEC issued to clarify existing
rules and address the resulting confusion caused by the two appeal fees required, for the perfection of appeals, by the two
different jurisdictions: the court and COMELEC. Divinagracia stressed that if the appellants had already paid the amount of
PhP 1,000 to the lower courts within the five-day reglementary period, they are further required to pay the COMELEC,
through its Cash Division, the appeal fee of PhP 3,200 within fifteen (15) days from the time of the filing of the notice of
appeal with the lower court. If the appellants failed to pay the PhP 3,200 within the prescribed period, then the appeal
should be dismissed. The Court went on to state in Divinagracia that Aguilar did not dilute the force of COMELEC
Resolution No. 8486 on the matter of compliance with the COMELEC-required appeal fees. The resolution, to reiterate,
was mainly issued to clarify the confusion caused by the requirement of payment of two appeal fees.
Divinagracia, however, contained the following final caveat: that for notice of appeal filed after the promulgation of this
decision, errors in the matter ofnon-payment or incomplete payment of the two appeal fees in election cases are no longer
excusable. Mateo R. Nollen, Jr. vs. Commission on Elections and Susana M. Caballes, G.R. No. 187635, January 11,
2010.
ELECTION PROTEST; NUISANCE CANDIDATES.
The purpose of an election protest is to ascertain whether the candidate proclaimed by the board of canvassers is the
lawful choice of the people. What is sought is the correction of the canvass of votes, which was the basis of proclamation
of the winning candidate. Election contests, therefore, involve the adjudication not only of private and pecuniary interests
of rival candidates, but also of paramount public interest considering the need to dispel uncertainty over the real choice of
the electorate.
In controversies pertaining to nuisance candidates as in the case at bar, the law contemplates the likelihood of confusion
which the similarity of surnames of two (2) candidates may generate. A nuisance candidate is thus defined as one who,
based on the attendant circumstances, has no bona fide intention to run for the office for which the certificate of candidacy
has been filed, his sole purpose being the reduction of the votes of a strong candidate, upon the expectation that ballots
with only the surname of such candidate will be considered stray and not counted for either of them.
In elections for national positions such as President, Vice-President and Senator, the sheer logistical challenge posed by
nuisance candidates gives compelling reason for the Commission to exercise its authority to eliminate nuisance candidates
who obviously have no financial capacity or serious intention to mount a nationwide campaign. Celestino A. Martinez III
vs. House of Representatives Electoral Tribunal and Benhur L. Salimbangon, G.R. No. 189034, January 11, 2010.
ELECTORAL TRIBUNAL; JUDICIAL REVIEW.
The judgments of the Electoral Tribunals are beyond judicial interference, unless rendered without or in excess of their
jurisdiction or with grave abuse of discretion. The power of judicial review may be invoked in exceptional cases upon a
clear showing of such arbitrary and improvident use by the Tribunal of its power as constitutes a clear denial of due
process of law, or upon a demonstration of a very clear unmitigated error, manifestly constituting such grave abuse of
direction that there has to be a remedy for such abuse. Grave abuse of discretion implies capricious and whimsical exercise
of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal
hostility. The grave abuse of discretion must be so patent and gross as to amount to an evasion or refusal to perform a
duty enjoined by law.
Respondent HRET gravely abused its discretion in affirming the proclamation of respondent Salimbangon as the duly
elected Representative of the Fourth Legislative District of Cebu despite the final outcome of revision showing 5,401 ballots
with only MARTINEZ or C. MARTINEZ written on the line for Representative, votes which should have been properly
counted in favor of petitioner and not nullified as stray votes, after considering all relevant circumstances clearly
establishing that such votes could not have been intended for Edilito C. Martinez who was declared a nuisance candidate
in a final judgment. Celestino A. Martinez III vs. House of Representatives Electoral Tribunal and Benhur L.
Salimbangon, G.R. No. 189034, January 11, 2010.
person challenging the act must have standing to challenge; he must have a personal and substantial interest in the
case, such that he has sustained or will sustain, direct injury as a result of its enforcement; (3) the question of
constitutionality must be raised at the earliest possible opportunity; and (4) the issue of constitutionality must be the very
lis mota of the case. Respondents assert that the second requisite is absent in this case.
Generally, a party will be allowed to litigate only when (1) he can show that he has personally suffered some actual or
threatened injury because of the allegedly illegal conduct of the government; (2) the injury is fairly traceable to the
challenged action; and (3) the injury is likely to be redressed by a favorable action. The question on standing is whether
such parties have alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness
which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional
questions.
In David v. Macapagal-Arroyo, summarizing the rules culled from jurisprudence, the Supreme Court held that taxpayers,
voters, concerned citizens, and legislators may be accorded standing to sue, provided that the following requirements are
met:
(1) cases involve constitutional issues;
(2) for taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional;
(3) for voters, there must be a showing of obvious interest in the validity of the election law in question;
(4) for concerned citizens, there must be a showing that the issues raised are of transcendental importance which must be
settled early; and
(5) for legislators, there must be a claim that the official action complained of infringes upon their prerogatives as
legislators.
Petitioner having alleged a grave violation of the constitutional prohibition against Members of the Cabinet, their deputies
and assistants holding two (2) or more positions in government, the fact that he filed this suit as a concerned citizen
sufficiently confers him with standing to sue for redress of such illegal act by public officials. Dennis B. Funa vs. Executive
Secretary Eduardo R. Ermita, Office of the President, G.R. No. 184740, February 11, 2010.
JUDICIAL REVIEW; STANDING TO SUE.
In her Memorandum, respondent Governor Geraldine B. Ecleo-Villaroman of the Province of
procedural issues. She contends that petitioners do not have the legal standing to question the
creation of the Province of Dinagat, since they have not been directly injured by its creation and
interest over the matter in controversy. Moreover, she alleges that the petition is moot and
existence of the Province of Dinagat Islands has already commenced; hence, the petition should be
R.A. No. 9355 (creating the province of Dinagat Islands) is unconstitutional for its failure to comply with the criteria for the
creation of a province prescribed in Sec. 461 of the Local Government Code. The provision in Article 9 (2) of the Rules and
Regulations Implementing the Local Government Code of 1991 stating, The land area requirement shall not apply where
the proposed province is composed of one (1) or more islands, is null and void. Rodolfo G. Navarro, et al. vs. Executive
Secretary Eduardo Ermita, et al., G.R. No. 180050, February 10, 2010.
PRESIDENT; IMMUNITY FROM SUIT.
Petitioners first take issue on the Presidents purported lack of immunity from suit during her term of office. The 1987
Constitution, so they claim, has removed such immunity heretofore enjoyed by the chief executive under the 1935 and
1973 Constitutions.
Petitioners are mistaken. The presidential immunity from suit remains preserved under our system of government, albeit
not expressly reserved in the present constitution. Addressing a concern of his co-members in the 1986 Constitutional
Commission on the absence of an express provision on the matter, Fr. Joaquin Bernas, S.J. observed that it was already
understood in jurisprudence that the President may not be sued during his or her tenure. The Court subsequently made it
abundantly clear in David v. Macapagal-Arroyo, a case likewise resolved under the umbrella of the 1987 Constitution, that
indeed the President enjoys immunity during her incumbency.
And lest it be overlooked, the petition is simply bereft of any allegation as to what specific presidential act or omission
violated or threatened to violate petitioners protected rights. Lourdes D. Rubrico, et al. vs. Gloria Macapagal-Arroyo, et
al., G.R. No. 183871, February 18, 2010.
OVERBREADTH.
In the United States, claims of facial overbreadth have been entertained only where, in the judgment of the court, the
possibility that protected speech of others may be muted and perceived grievances left to fester (due to the possible
inhibitory effects of overly broad statutes) outweighs the possible harm to society in allowing some unprotected speech or
conduct to go unpunished. Facial overbreadth has likewise not been invoked where a limiting construction could be placed
on the challenged statute, and where there are readily apparent constructions that would cure, or at least substantially
reduce, the alleged overbreadth of the statute.
In the case at bar, the probable harm to society in permitting incumbent appointive officials to remain in office, even as
they actively pursue elective posts, far outweighs the less likely evil of having arguably protected candidacies blocked by
the possible inhibitory effect of a potentially overly broad statute.
In this light, the conceivably impermissible applications of the challenged statutes which are, at best, bold predictions
cannot justify invalidating these statutes in toto and prohibiting the State from enforcing them against conduct that is, and
has for more than 100 years been, unquestionably within its power and interest to proscribe. Instead, the more prudent
approach would be to deal with these conceivably impermissible applications through case-by-case adjudication rather
than through a total invalidation of the statute itself. Eleazar P. Quinto and Gerino A. Tolentino, Jr. vs. Commission on
Elections, G.R. No. 189698, February 22, 2010.
PUBLIC ASSEMBLY; MODIFICATION OF PERMIT.
In modifying the permit outright, respondent Mayor of Manila gravely abused his discretion when he did not immediately
inform the IBP who should have been heard first on the matter of his perceived imminent and grave danger of a
substantive evil that may warrant the changing of the venue. The opportunity to be heard precedes the action on the
permit, since the applicant may directly go to court after an unfavorable action on the permit.
Respondent failed to indicate how he had arrived at modifying the terms of the permit against the standard of a clear and
present danger test which, it bears repeating, is an indispensable condition to such modification. Nothing in the issued
permit adverts to an imminent and grave danger of a substantive evil, which blank denial or modification would, when
granted imprimatur as the appellate court would have it, render illusory any judicial scrutiny thereof. Intergrated Bar of
the Philippines, represented by its National President Jose Anselmo I. Cadiz, H. Harry L. Roque, et al. vs. Honorable Manila
Mayor Jose Lito Atienza, G.R. No. 175241, February 24, 2010.
PUBLIC OFFICIALS; MULTIPLE OFFICE.
The prohibition against holding dual or multiple offices or employment under Section 13, Article VII of the 1987
Constitution was held inapplicable to posts occupied by the Executive officials specified therein, without additional
compensation in an ex-officio capacity as provided by law and as required by the primary functions of said office. The
reason is that these posts do not comprise any other office within the contemplation of the constitutional prohibition but
are properly an imposition of additional duties and functions on said officials. Apart from their bare assertion that
respondent Bautista did not receive any compensation when she was OIC of MARINA, respondents failed to demonstrate
clearly that her designation as such OIC was in an ex-officio capacity as required by the primary functions of her office as
DOTC Undersecretary for Maritime Transport.
Given the vast responsibilities and scope of administration of the MARINA, we are hardly persuaded by respondents
submission that respondent Bautistas designation as OIC of MARINA was merely an imposition of additional duties related
to her primary position as DOTC Undersecretary for Maritime Transport. It appears that the DOTC Undersecretary for
Maritime Transport is not even a member of the Maritime Industry Board, which includes the DOTC Secretary as Chairman,
the MARINA Administrator as Vice-Chairman, and the following as members: Executive Secretary (Office of the President),
Philippine Ports Authority General Manager, Department of National Defense Secretary, Development Bank of the
Philippines General Manager, and the Department of Trade and Industry Secretary.
It must be stressed though that while the designation was in the nature of an acting and temporary capacity, the words
hold the office were employed. Such holding of office pertains to both appointment and designation because the
appointee or designate performs the duties and functions of the office. The 1987 Constitution in prohibiting dual or
multiple offices, as well as incompatible offices, refers to the holding of the office, and not to the nature of the
appointment or designation, words which were not even found in Section 13, Article VII nor in Section 7, paragraph 2,
Article IX-B. To hold an office means to possess or occupy the same, or to be in possession and administration, which
implies nothing less than the actual discharge of the functions and duties of the office.
The disqualification laid down in Section 13, Article VII is aimed at preventing the concentration of powers in the Executive
Department officials, specifically the President, Vice-President, Members of the Cabinet and their deputies and assistants.
Civil Liberties Union traced the history of the times and the conditions under which the Constitution was framed, and
construed the Constitution consistent with the object sought to be accomplished by adoption of such provision, and the
evils sought to be avoided or remedied. We recalled the practice, during the Marcos regime, of designating members of the
Cabinet, their deputies and assistants as members of the governing bodies or boards of various government agencies and
instrumentalities, including government-owned or controlled corporations. This practice of holding multiple offices or
positions in the government led to abuses by unscrupulous public officials, who took advantage of this scheme for
purposes of self-enrichment. The blatant betrayal of public trust evolved into one of the serious causes of discontent with
the Marcos regime. It was therefore quite inevitable and in consonance with the overwhelming sentiment of the people
that the 1986 Constitutional Commission would draft into the proposed Constitution the provisions under consideration,
which were envisioned to remedy, if not correct, the evils that flow from the holding of multiple governmental offices and
employment. Dennis B. Funa vs. Executive Secretary Eduardo R. Ermita, Office of the President, G.R. No. 184740,
February 11, 2010.
Administrative Law
PROCEEDINGS; EVIDENCE.
In administrative and quasi-judicial proceedings, the quantum of proof required for a finding of guilt is only substantial
evidence, that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion,
even if other minds, equally reasonable, might conceivably opine otherwise.
In the present case, petitioners Order of May 18, 2004 finding respondent administratively liable for neglect of duty, which
implies the failure to give proper attention to a task expected of an employee arising from either carelessness or
indifference, was adequately established by substantial evidence. Office of the Ombudsman (Mindanao) vs. Asteria E.
Cruzabra, G.R. No. 183507, February 24, 2010.
Election Law
APPOINTIVE OFFICIALS; FILING OF CERTIFICATE OF CANDIDACY.
Under Section 13 of RA 9369, which reiterates Section 66 of the Omnibus Election Code, any person holding a public
appointive office or position, including active members of the Armed Forces of the Philippines, and officers and employees
in government-owned or -controlled corporations, shall be considered ipso facto resigned from his office upon the filing of
his certificate of candidacy. On the other hand, pursuant to Section 14 of RA 9006 or the Fair Election Act, which repealed
Section 67 of the Omnibus Election Code and rendered ineffective Section 11 of R.A. 8436 insofar as it considered an
elected official as resigned only upon the start of the campaign period corresponding to the positions for which they are
running, an elected official is not deemed to have resigned from his office upon the filing of his certificate of candidacy for
the same or any other elected office or position. In fine, an elected official may run for another position without forfeiting
his seat.
Section 4(a) of Resolution 8678, Section 66 of the Omnibus Election Code, and the second proviso in the third paragraph
of Section 13 of RA 9369 are not violative of the equal protection clause of the Constitution and does not suffer from
overbreadth. Eleazar P. Quinto and Gerino A. Tolentino, Jr. vs. Commission on Elections, G.R. No. 189698, February 22,
2010. (Note: The Supreme Court reconsidered its earlier decision of December 1, 2009.)
AUTOMATION PROJECT; VALIDITY.
The contract-award of the 2010 Election Automation Project to the joint venture of Total Information Management
Corporation (TIM) and Smartmatic International Corporation (Smartmatic) is valid. H. Harry L. Roque, Jr., Joel R.
Butuyan, Romel R. Bagares, et al. vs. Commission on Elections, represented by Hon. Chaiman Jose Melo, et al., Pete
Quirino-Qaudra (Petitioner-in-intervention) Senate of the Philippines, represented by its President Juan Ponce Enrili
(Movant-Intervenor), G.R. No. 188456, February 10, 2010. (Note: The Supreme Court denied the motion to reconsider
its earlier decision of September 10, 2009.)
BALLOT; TAMPERING.
The COMELEC gravely abused its discretion in declaring Peano, based on the results of the revision of ballots, the winner
in the mayoralty contest for the Municipality of Alfonso, Cavite. The ballots, after proof of tampering, cannot be considered
reflective of the will of the people of Alfonso. Mayor Virgilio P. Varias vs. Commission on Elections, et al., G.R. No.
189078, February 11, 2010.
COMELEC; BALLOT APPRECIATION.
The records of the case indicate that the COMELEC en banc proceeded to conduct a fresh appreciation of the contested
ballots without first ascertaining whether the ballots to be recounted had been kept inviolate. The COMELEC cannot
proceed to conduct a fresh appreciation of ballots without first ascertaining the integrity thereof. Sandra Y Eriguel vs.
Commission on Elections and Ma. Theresa Dumpit-Michelena, G.R. No. 190526, February 26, 2010.
COMELEC; ELEVATION TO EN BANC WITHOUT DIVISION DECISION.
The COMELEC, in the exercise of its quasi-judicial functions, is bound to follow the provision set forth in Section 3, Article
IX-C of the 1987 Constitution, which reads: SEC. 3. The Commission on Elections may sit en banc or in two divisions, and
shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation
controversies.All such election cases shall be heard and decided in division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.
It therefore follows that when the COMELEC is exercising its quasi-judicial powers such as in the present case, the
Commission is constitutionally mandated to decide the case first in division, and en banc only upon motion for
reconsideration.
Indeed, it is a basic doctrine in procedural law that the jurisdiction of a court or an agency exercising quasi-judicial
functions (such as the COMELEC) over the subject-matter of an action is conferred only by the Constitution or by law.
Jurisdiction cannot be fixed by the agreement of the parties; it cannot be acquired through, or waived, enlarged or
diminished by, any act or omission of the parties. Neither can it be conferred by the acquiescence of the court, more
particularly so in election cases where the interest involved transcends those of the contending parties.
This being so, the Special Second Division of the COMELEC clearly acted with grave abuse of discretion when it
immediately transferred to the Commission en banc a case that ought to be heard and decided by a division. Such action
cannot be done without running afoul of Section 3, Article IX-C of the 1987 Constitution. Instead of peremptorily
transferring the case to the Commission en banc, the Special Second Division of COMELEC, should have instead assigned
another Commissioner as additional member of its Special Second Division, not only to fill in the seat temporarily vacated
by Commissioner Ferrer, but more importantly so that the required quorum may be attained. Sandra Y Eriguel vs.
Commission on Elections and Ma. Theresa Dumpit-Michelena, G.R. No. 190526, February 26, 2010.
COMELEC; FAILURE OF ELECTIONS.
The 1987 Constitution vests in the COMELEC the broad power to enforce all the laws and regulations relative to the
conduct of elections, as well as the plenary authority to decide all questions affecting elections except the question as to
the right to vote.
Section 6 of the Omnibus Election Code provides for the instances when the COMELEC may declare failure of elections. The
COMELEC en banc based its decision to declare a failure of elections in Precinct No. 6A/7A on the second instance stated in
Section 6 of the Omnibus Election Code, that is, the election in any polling place had been suspended before the hour fixed
by law for the closing of the voting on account of force majeure, violence, terrorism, fraud or other analogous causes.
The COMELEC en banc ruled that since both parties agreed that the elections were suspended before the hour fixed by law
due to violence caused by undetermined persons, there was obviously a failure of elections in the aforementioned precinct.
The findings of fact of the COMELEC en banc are binding on this Court. The grounds for failure of election (i.e., force
majeure, violence, terrorism, fraud, or other analogous cases) involve questions of fact, which can only be determined by
the COMELEC en banc after due notice to and hearing of the parties. An application for certiorari against actions of the
COMELEC is confined to instances of grave abuse of discretion, amounting to lack or excess of jurisdiction. TheCOMELEC,
as the administrative agency and specialized constitutional body charged with the enforcement and administration of all
laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall, has the expertise
in its field so that its findings and conclusions are generally respected by and conclusive on the Court.
Petitioners allegation of grave abuse of discretion by public respondent COMELEC en banc implies such capricious and
whimsical exercise of judgment as is equivalent to lack of jurisdiction or, in other words, the exercise of the power in an
arbitrary manner by reason of passion, prejudice, or personal hostility; and it must be so patent or gross as to amount to
an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. It
is not present in this case, as public respondent issued the COMELEC Resolution dated October 17, 2005 based on the
evidence on record and the law on the matter. Abdul Gaffar P.M. Dibaratun vs. Commission on Elections, et al., G.R. No.
170365, February 2, 2010.
COMELEC; INJUNCTION.
If instead of issuing a preliminary injunction in place of a TRO, a court opts to decide the case on its merits with the result
that it also enjoins the same acts covered by its TRO, it stands to reason that the decision amounts to a grant of
preliminary injunction. Such injunction should be deemed in force pending any appeal from the decision. The view of
petitioner Panliliothat execution pending appeal should still continue notwithstanding a decision of the higher court
enjoining such executiondoes not make sense. It will render quite inutile the proceedings before such court. Mayor Jose
Marquez Lisboa Panlilio vs. Commission on Elections, et al., G.R. No. 184286. February 26, 2010
COMELEC JURISDICTION OVER INTRA-PARTY LEADERSHIP DISPUTES.
The COMELECs jurisdiction over intra-party leadership disputes has already been settled by the Court. The Court ruled in
Kalaw v. Commission on Elections that the COMELECs powers and functions under Section 2, Article IX-C of the
Constitution, include the ascertainment of the identity of the political party and its legitimate officers responsible for its
acts. The Court also declared in another case that the COMELECs power to register political parties necessarily involved
the determination of the persons who must act on its behalf. Thus, the COMELEC may resolve an intra-party leadership
dispute, in a proper case brought before it, as an incident of its power to register political parties.
The validity of respondent Roxas election as LP president is a leadership issue that the COMELEC had to settle. Under the
amended LP Constitution, the LP president is the issuing authority for certificates of nomination of party candidates for all
national elective positions. It is also the LP president who can authorize other LP officers to issue certificates of nomination
for candidates to local elective posts. In simple terms, it is the LP president who certifies the official standard bearer of the
party. Jose L. Atienza, Jr., et al. vs. Commission on Elections, et al., G.R. No. 188920, February 16, 2010.
COMELEC; TAMPERED VOTES.
We find the manner in which the COMELEC excluded the subject returns to be fatally flawed. In the absence of clearly
convincing evidence, the validity of election returns must be upheld. A conclusion that an election return is obviously
manufactured or false and consequently should be disregarded in the canvass must be approached with extreme caution
and only upon the most convincing proof. Corrolarily, any plausible explanation, one which is acceptable to a reasonable
man in the light of experience and of the probabilities of the situation, should suffice to avoid outright nullification, which
results in disenfranchisement of those who exercised their right of suffrage. As will be discussed shortly, there is a patent
lack of basis for the COMELECs findings that the subject returns were tampered. In disregard of the principle requiring
extreme caution before rejecting election returns, the COMELEC proceeded with undue haste in concluding that the
subject returns were tampered. This is grave abuse of discretion amounting to lack or excess of jurisdiction.
In sum, it was highly irregular for the COMELEC to outrightly exclude the subject returns resulting in the
disenfranchisement of some 1,127 voters as per the records of this case. The proper procedure in case of discrepancy in
the other authentic copies of the election returns is clearly spelled out in Section 236 of the OEC. For contravening this
legal provision, the COMELEC acted with grave abuse of discretion amounting to lack or excess of jurisdiction. Rose Marie
D. Doromal vs. Hernan G. Biron and Commission on Elections, G.R. No. 181809, February 17, 2010.
DISQUALIFICATION; VOTER INCLUSION/EXCLUSION PROCEEDINGS.
Voters inclusion/exclusion proceedings, on the one hand, essentially involve the issue of whether a petitioner shall be
included in or excluded from the list of voters based on the qualifications required by law and the facts presented to show
possession of these qualifications.
On the other hand, COC denial/cancellation proceedings involve the issue of whether there is a false representation of a
material fact. The false representation must necessarily pertain not to a mere innocuous mistake but to a material fact or
those that refer to a candidates qualifications for elective office. Apart from the requirement of materiality, the false
representation must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a
candidate ineligible or, otherwise stated, with the intention to deceive the electorate as to the would-be candidates
qualifications for public office.
In Velasco, the Court rejected Velascos contention that the Comelec improperly ruled on the right to vote when it
cancelled his COC. The Court stated that the Comelec merely relied on or recognized the RTCs final and executory decision
on the matter of the right to vote in the precinct within its territorial jurisdiction.
In the present petition, it is Panlaquis turn to proffer the novel interpretation that the RTC properly cancelled Velascos
COC when it ruled on his right to vote. The Court rejects the same.
It is not within the province of the RTC in a voters inclusion/exclusion proceedings to take cognizance of and determine
the presence of a false representation of a material fact. It has no jurisdiction to try the issues of whether the
misrepresentation relates to material fact and whether there was an intention to deceive the electorate in terms of ones
qualifications for public office. The finding that Velasco was not qualified to vote due to lack of residency requirement does
not translate into a finding of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render him
ineligible. Mozart P. Panlaqui vs. Commission on Elections and Nardo M. Velasco, G.R. No. 188671, February 24, 2010.
PRE-PROCLAMATION CONTROVERSY; CONTESTED RETURNS.
It is settled that a pre-proclamation controversy is summary in character; indeed, it is the policy of the law that preproclamation controversies be promptly decided, so as not to delay canvass and proclamation. The Board of Canvassers
(BOC) will not look into allegations of irregularity that are not apparent on the face of ERs that appear otherwise authentic
and duly accomplished.
Consistent with the summary character and limited scope of a pre-proclamation controversy, Section 20 of RA 7166 lays
down the procedure to be followed when ERs are contested before the BOC. Compliance with this procedure is mandatory,
so as to permit the BOC to resolve the objections as quickly as possible.
Section 20 of RA 7166 and Section 36 of COMELEC Resolution 2962 provide that any candidate may contest the inclusion
of an ER by making an oral objection at the time the questioned return is submitted for canvass; the objecting party shall
also submit his objections in writing simultaneously with the oral objections. The BOC shall consider the written objections
and opposition, if any, and summarily rule on the petition for exclusion. Any party adversely affected by such ruling must
immediately inform the BOC if he intends to appeal such ruling.
After the BOC rules on the contested returns and canvasses all the uncontested returns, it shall suspend the canvass. Any
party adversely affected by the ruling has 48 hours to file a Notice of Appeal; the appeal shall be filed within five days.
Upon receipt of the notice of appeal, the BOC will make its report to the COMELEC, and elevate the records and evidence.
Moreover, pursuant to Section 235 of the Omnibus Election Code, in cases where the ERs appear to have been tampered
with, altered or falsified, the COMELEC shall examine the other copies of the questioned returns and, if the other copies
are likewise tampered with, altered, falsified, or otherwise spurious, after having given notice to all candidates and
satisfied itself that the integrity of the ballot box and of the ballots therein have been duly preserved, shall order a recount
of the votes cast, prepare a new return which shall be used by the BOC as basis for the canvass, and direct the
proclamation of the winner accordingly.
Based on the records of this case, we find that petitioner failed to timely make his objections to the contested ERs.
Themistocles A. Sao, Jr. vs. Commission on Elections, et al., G.R. No. 182221, February 3, 2010.
Local Government
SUCCESSION; SANNGGUNIAN.
Sec. 45(b) of RA 7160 provides for the rule on succession in cases of permanent vacancies in the Sanggunian. The law
provides for conditions for the rule of succession to apply: First, the appointee shall come from the same political party as
that of the Sanggunian member who caused the vacancy. Second, the appointee must have a nomination and a Certificate
of Membership from the highest official of the political party concerned. Atty. Lucky M. Damasen vs. Oscar G. Tumamao,
G.R. No. 173165, February 17, 2010.
Public officers
APPOINTMENT; SUBMISSION TO CIVIL SERVICE COMMISSION.
The deliberate failure of the appointing authority (or other responsible officials) to submit respondents appointment paper
to the CSC within 30 days from its issuance did not make her appointment ineffective and incomplete.
Under Article 1186 of the Civil Code, [t]he condition shall be deemed fulfilled when the obligor voluntarily prevents its
fulfillment. Applying this to the appointment process in the civil service, unless the appointee himself is negligent in
following up the submission of his appointment to the CSC for approval, he should not be prejudiced by any willful act
done in bad faith by the appointing authority to prevent the timely submission of his appointment to the CSC. While it may
be argued that the submission of respondents appointment to the CSC within 30 days was one of the conditions for the
approval of respondents appointment, however, deliberately and with bad faith, the officials responsible for the submission
of respondents appointment to the CSC prevented the fulfillment of the said condition. Thus, the said condition should be
deemed fulfilled.
The Court has already had the occasion to rule that an appointment remains valid in certain instances despite noncompliance of the proper officials with the pertinent CSC rules. Arlin B. Obiasca vs. Jeane O. Basallote, G.R. No. 176707,
February 17, 2010.
The evolution of the command responsibility doctrine finds its context in the development of laws of war
and armed combats. According to Fr. Bernas, command responsibility, in its simplest terms, means the
responsibility of commanders for crimes committed by subordinate members of the armed forces or
other persons subject to their control in international wars or domestic conflict. In this sense, command
responsibility is properly a form of criminal complicity. The Hague Conventions of 1907 adopted the
doctrine of command responsibility, foreshadowing the present-day precept of holding a superior
accountable for the atrocities committed by his subordinates should he be remiss in his duty of control
over them. As then formulated, command responsibility is an omission mode of individual criminal
liability, whereby the superior is made responsible for crimes committed by his subordinates for failing to
prevent or punish the perpetrators (as opposed to crimes he ordered).
The doctrine has recently been codified in the Rome Statute of the International Criminal Court (ICC) to
which the Philippines is signatory. Sec. 28 of the Statute imposes individual responsibility on military
commanders for crimes committed by forces under their control. The country is, however, not yet formally
bound by the terms and provisions embodied in this treaty-statute, since the Senate has yet to extend
concurrence in its ratification.
While there are several pending bills on command responsibility, there is still no Philippine law that
provides for criminal liability under that doctrine.
It may plausibly be contended that command responsibility, as legal basis to hold military/police
commanders liable for extra-legal killings, enforced disappearances, or threats, may be made applicable
to this jurisdiction on the theory that the command responsibility doctrine now constitutes a principle of
international law or customary international law in accordance with the incorporation clause of the
Constitution.
While the Supreme Court left open the possibility that command responsibility for criminal acts is part of international law
and is deemed incorporated into Philippine law pursuant to the incorporation clause of the Constitution, the Supreme
Court held that command responsibility as a concept defined, developed, and applied under international law, has little, if
at all, bearing in amparo proceedings. According to the Supreme Court:
Still, it would be inappropriate to apply to these proceedings the doctrine of command responsibility, as
the CA seemed to have done, as a form of criminal complicity through omission, for individual
respondents criminal liability, if there be any, is beyond the reach of amparo. In other words, the Court
does not rule in such proceedings on any issue of criminal culpability, even if incidentally a crime or an
infraction of an administrative rule may have been committed. As the Court stressed in Secretary of
National Defense v. Manalo, the writ of amparo was conceived to provide expeditious and effective
procedural relief against violations or threats of violation of the basic rights to life, liberty, and security of
persons; the corresponding amparo suit, however, is not an action to determine criminal guilt requiring
proof beyond reasonable doubt x x x or administrative liability requiring substantial evidence that will
require full and exhaustive proceedings. . . .
If command responsibility were to be invoked and applied to these proceedings, it should, at most, be only to determine
the author who, at the first instance, is accountable for, and has the duty to address, the disappearance and harassments
complained of, so as to enable the Court to devise remedial measures that may be appropriate under the premises to
protect rights covered by the writ of amparo. As intimated earlier, however, the determination should not be pursued to fix
criminal liability on respondents preparatory to criminal prosecution, or as a prelude to administrative disciplinary
proceedings under existing administrative issuances, if there be any.
Respondents aver that the first three requisites are absent in this case. According to them, there is no actual case calling
for the exercise of judicial power and it is not yet ripe for adjudication.
An actual case or controversy involves a conflict of legal rights or an assertion of opposite legal claims which is susceptible
of judicial resolution as distinguished from a hypothetical or abstract difference or dispute. On the other hand, a question
is considered ripe for adjudication when the act being challenged has a direct adverse effect on the individual challenging
it.
Contrary to respondents assertion, we do not have to wait until petitioners members have shut down their operations as a
result of the MCIT or CWT. The assailed provisions are already being implemented. As we stated in Didipio Earth-Savers
Multi-Purpose Association, Incorporated (DESAMA) v. Gozun: By the mere enactment of the questioned law or the
approval of the challenged act, the dispute is said to have ripened into a judicial controversy even without any other overt
act. Indeed, even a singular violation of the Constitution and/or the law is enough to awaken judicial duty.
If the assailed provisions are indeed unconstitutional, there is no better time than the present to settle such question once
and for all. Chamber of Real Estate and Builders Associations, Inc. Vs. The Hon. Executive Secretary
Alberto Romulo, et al., G.R. No. 160756, March 9, 2010.
CONSTITUTIONALITY; JUSTICIABLE CONTROVERSY.
We hold that the petitions set forth an actual case or controversy that is ripe for judicial determination. The reality is that
the JBC already commenced the proceedings for the selection of the nominees to be included in a short list to be submitted
to the President for consideration of which of them will succeed Chief Justice Puno as the next Chief Justice. Although the
position is not yet vacant, the fact that the JBC began the process of nomination pursuant to its rules and practices,
although it has yet to decide whether to submit the list of nominees to the incumbent outgoing President or to the next
President, makes the situation ripe for judicial determination, because the next steps are the public interview of the
candidates, the preparation of the short list of candidates, and the interview of constitutional experts, as may be needed.
A part of the question to be reviewed by the Court is whether the JBC properly initiated the process, there being an
insistence from some of the oppositors-intervenors that the JBC could only do so once the vacancy has occurred (that is,
after May 17, 2010). Another part is, of course, whether the JBC may resume its process until the short list is prepared, in
view of the provision of Section 4(1), Article VIII, which unqualifiedly requires the President to appoint one from the short
list to fill the vacancy in the Supreme Court (be it the Chief Justice or an Associate Justice) within 90 days from the
occurrence of the vacancy.
The ripeness of the controversy for judicial determination may not be doubted. The challenges to the authority of
the JBC to open the process of nomination and to continue the process until the submission of the list of nominees; the
insistence of some of the petitioners to compel the JBC through mandamus to submit the short list to the incumbent
President; the counter-insistence of the intervenors to prohibit the JBC from submitting the short list to the incumbent
President on the ground that said list should be submitted instead to the next President; the strong position that the
incumbent President is already prohibited under Section 15, Article VII from making any appointments, including those to
the Judiciary, starting on May 10, 2010 until June 30, 2010; and the contrary position that the incumbent President is not
so prohibited are only some of the real issues for determination. All such issues establish the ripeness of the controversy,
considering that for some the short list must be submitted before the vacancy actually occurs by May 17, 2010. The
outcome will not be an abstraction, or a merely hypothetical exercise. The resolution of the controversy will surely settle
with finality the nagging questions that are preventing the JBC from moving on with the process that it already began, or
that are reasons persuading the JBC to desist from the rest of the process. Arturo M. De Castro vs. Judicial and Bar
Council, et al., G.R. No. 191002, G.R. No. 191032, G.R. No. 191057, A.M. No. 10-2-5-SC, G.R. No. 191149, G.R. No.
191342, March 17, 2010.
CONSTITUTIONALITY; JUSTICIABLE CONTROVERSY.
It will not do for the COMELEC to insist that the reliability and authoritativeness of the population indicators Congress used
in enacting RA 9591 are non-justiciable. If laws creating legislative districts are unquestionably within the ambit of this
Courts judicial review power, then there is more reason to hold justiciable subsidiary questions impacting on their
constitutionality, such as their compliance with a specific constitutional limitation under Section 5(3), Article VI of the 1987
Constitution that only cities with at least 250,000 constituents are entitled to representation in Congress. To fulfill this
obligation, the Court, of necessity, must inquire into the authoritativeness and reliability of the population indicators
Congress used to comply with the constitutional limitation. Victorino B. Aldaba, et al. Vs. Commission on Elections, G.R.
No. 188078, March 15, 2010.
CONSTITUTIONALITY; STANDING TO SUE.
The Court rules that the petitioners have each demonstrated adequate interest in the outcome of the controversy as to
vest them with the requisite locus standi.The issues before us are of transcendental importance to the people as a whole,
and to the petitioners in particular. Indeed, the issues affect everyone (including the petitioners), regardless of ones
personal interest in life, because they concern that great doubt about the authority of the incumbent President to appoint
not only the successor of the retiring incumbent Chief Justice, but also others who may serve in the Judiciary, which
already suffers from a far too great number of vacancies in the ranks of trial judges throughout the country.
In any event, the Court retains the broad discretion to waive the requirement of legal standing in favor of any petitioner
when the matter involved has transcendental importance, or otherwise requires a liberalization of the requirement.
Yet, if any doubt still lingers about the locus standi of any petitioner, we dispel the doubt now in order to remove any
obstacle or obstruction to the resolution of the essential issue squarely presented herein. We are not to shirk from
discharging our solemn duty by reason alone of an obstacle more technical than otherwise. In Agan, Jr. v. Philippine
International Air Terminals Co., Inc., we pointed out: Standing is a peculiar concept in constitutional law because in some
cases, suits are not brought by parties who have been personally injured by the operation of a law or any other
government act but by concerned citizens, taxpayers or voters who actually sue in the public interest. But even if, strictly
speaking, the petitioners are not covered by the definition, it is still within the wide discretion of the Court to waive the
requirement and so remove the impediment to its addressing and resolving the serious constitutional questions raised.
Arturo M. De Castro vs. Judicial and Bar Council, et al., G.R. No. 191002, G.R. No. 191032, G.R. No. 191057, A.M. No.
10-2-5-SC, G.R. No. 191149, G.R. No. 191342, March 17, 2010.
CONSTITUTIONALITY; STANDING TO SUE.
Respondents next argue that petitioner has no legal standing to sue: Petitioner is an association of some of the real estate
developers and builders in the Philippines. Petitioners did not allege that [it] itself is in the real estate business. It did not
allege any material interest or any wrong that it may suffer from the enforcement of [the assailed provisions].
Legal standing or locus standi is a partys personal and substantial interest in a case such that it has sustained or will
sustain direct injury as a result of the governmental act being challenged. In Holy Spirit Homeowners Association, Inc.
v. Defensor, we held that the association had legal standing because its members stood to be injured by the enforcement
of the assailed provisions.
In any event, this Court has the discretion to take cognizance of a suit which does not satisfy the requirements of an
actual case, ripeness or legal standing when paramount public interest is involved. The questioned MCIT and CWT affect
not only petitioners but practically all domestic corporate taxpayers in our country. The transcendental importance of the
issues raised and their overreaching significance to society make it proper for us to take cognizance of this petition.
Chamber of Real Estate and Builders Associations, Inc. Vs. The Hon. Executive Secretary Alberto Romulo, et al., G.R. No.
160756, March 9, 2010.
DUE PROCESS; MINIMUM CORPORATE INCOME TAX.
Petitioner claims that the MCIT under Section 27(E) of RA 8424 is unconstitutional because it is highly oppressive, arbitrary
and confiscatory which amounts to deprivation of property without due process of law. It explains that gross income as
defined under said provision only considers the cost of goods sold and other direct expenses; other major expenditures,
such as administrative and interest expenses which are equally necessary to produce gross income, were not taken into
account. Thus, pegging the tax base of the MCIT to a corporations gross income is tantamount to a confiscation of capital
because gross income, unlike net income, is not realized gain.
Petitioner failed to support, by any factual or legal basis, its allegation that the MCIT is arbitrary and confiscatory. The
Court cannot strike down a law as unconstitutional simply because of its yokes. Taxation is necessarily burdensome
because, by its nature, it adversely affects property rights. The party alleging the laws unconstitutionality has the burden
to demonstrate the supposed violations in understandable terms. Chamber of Real Estate and Builders Associations, Inc.
Vs. The Hon. Executive Secretary Alberto Romulo, et al., G.R. No. 160756, March 9, 2010.
EQUAL PROTECTION; CREDITABLE WITHHOLDING TAX.
Petitioner claims that the revenue regulations are violative of the equal protection clause because the CWT is being levied
only on real estate enterprises. Specifically, petitioner points out that manufacturing enterprises are not similarly imposed
a CWT on their sales, even if their manner of doing business is not much different from that of a real estate enterprise.
Like a manufacturing concern, a real estate business is involved in a continuous process of production and it incurs costs
and expenditures on a regular basis. The only difference is that goods produced by the real estate business are house
and lot units.
The equal protection clause under the Constitution means that no person or class of persons shall be deprived of the
same protection of laws which is enjoyed by other persons or other classes in the same place and in like circumstances.
Stated differently, all persons belonging to the same class shall be taxed alike. It follows that the guaranty of the equal
protection of the laws is not violated by legislation based on a reasonable classification. Classification, to be valid, must (1)
rest on substantial distinctions; (2) be germane to the purpose of the law; (3) not be limited to existing conditions only
and (4) apply equally to all members of the same class.
The taxing power has the authority to make reasonable classifications for purposes of taxation. Inequalities which result
from a singling out of one particular class for taxation, or exemption, infringe no constitutional limitation. The real estate
industry is, by itself, a class and can be validly treated differently from other business enterprises. Chamber of Real Estate
and Builders Associations, Inc. Vs. The Hon. Executive Secretary Alberto Romulo, et al., G.R. No. 160756, March 9, 2010.
EQUAL PROTECTION; NPC REGULATION.
The equal protection clause means that no person or class of persons shall be deprived of the same protection of laws
which is enjoyed by other persons or other classes in the same place and in like circumstances. The guaranty of the equal
protection of the laws is not violated by a legislation based on a reasonable classification. The equal protection clause,
therefore, does not preclude classification of individuals who may be accorded different treatment under the law as long as
the classification is reasonable and not arbitrary.
Items 3 and 3.1 clearly did not infringe on the equal protection clause as these were based on a reasonable classification
intended to protect, not the right of any business or trade but the integrity of government property, as well as promote the
objectives of RA 7832. Traders like Pinatubo could not claim similar treatment as direct manufacturers/processors
especially in the light of their failure to negate the rationale behind the distinction. National Power Corporation vs.
Pinatubo Commercial, represented by Alfredo A. Dy, G.R. No. 176006, March 26, 2010.
FREEDOM OF SPEECH; PRIOR RESTRAINT.
Petitioners threshold posture that the suspension thus imposed constitutes prior restraint and an abridgement of his
exercise of religion and freedom of expression is a mere rehash of the position he articulated in the underlying petitions for
certiorari and expounded in his memorandum. So are the supportive arguments and some of the citations
of decisional law, Philippine and American, holding it together. They have been considered, sufficiently discussed in some
detail, and found to be without merit in our Decision. It would, thus, make little sense to embark on another lengthy
discussion of the same issues and arguments.
Suffice it to reiterate that the sanction imposed on the TV program in question does not, under the factual milieu of the
case, constitute prior restraint, but partakes of the nature of subsequent punishment for past violation committed by
petitioner in the course of the broadcast of the program on August 10, 2004.
Eliseo F. Soriano Vs.
Ma. Consoliza P. Laguardia, etc. et al./Eliseo F. Soriano Vs. Movie and Television Review and Classification
Board, et al., G.R. No. 164785/G.R. No. 165636, March 15, 2010.
HRET; PROCEDURE.
It is quite clear that the Tribunal acted in the best interest of the electorate, ensuring the determination of the latters will
within a reasonable time. In sum, there is absolutely nothing in this case that would justify a finding that the HRET gravely
abused its discretion by not granting petitioner an extension of time to present additional evidence and formally offer the
same. Representative Alvin S. Sandoval vs. House of Representatives Electoral Tribunal Josephine Veronique R. LacsonNoel and Hon. Speaker Prospero Nograles, G.R. No. 190067, March 9, 2010.
LEGISLATIVE DISTRICTS; CONTIGUOUS REQUIREMENT.
Aside from failing to comply with Section 5(3), Article VI of the Constitution on the population requirement, the creation by
RA 9591 of a legislative district for Malolos City, carving the city from the former First Legislative District, leaves the town
of Bulacan isolated from the rest of the geographic mass of that district. This contravenes the requirement in Section 5(3),
Article VI that each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. It
is no argument to say, as the OSG does, that it was impracticable for Congress to create a district with contiguous,
compact, and adjacent territory because Malolos city lies at the center of the First Legislative District. The geographic layout of the First Legislative District is not an insuperable condition making compliance with Section 5(3) impracticable. To
adhere to the constitutional mandate, and thus maintain fidelity to its purpose of ensuring efficient representation, the
practicable alternative for Congress was to include the municipality of Bulacan in Malolos Citys legislative district. Although
unorthodox, the resulting contiguous and compact district fulfills the constitutional requirements of geographic unity and
population floor, ensuring efficient representation of the minimum mass of constituents. Victorino B. Aldaba, et al. Vs.
Commission on Elections, G.R. No. 188078, March 15, 2010.
7832 and certainly, it was well within the authority of the NPC to prescribe conditions in order to prevent it. National
Power Corporation vs. Pinatubo Commercial, represented by Alfredo A. Dy, G.R. No. 176006, March 26, 2010.
Administrative Law
ADMINISTRATIVE DUE PROCESS.
Petitioners allegation of improper venue and the fact that the complaint was not under oath are not sufficient grounds for
the dismissal of the complaint. Well to remember, the case was an administrative case and as such, technical rules of
procedure are liberally applied. In administrative cases, technical rules of procedure and evidence are not strictly applied
and administrative due process cannot be fully equated with due process in its strict judicial sense. The intention is to
resolve disputes brought before such bodies in the most expeditious and inexpensive manner possible.
Petitioner was likewise amply afforded administrative due process the essence of which is an opportunity to explain ones
side or an opportunity to seek reconsideration of the action or ruling complained of. The records show that petitioner filed
the following: (1) Compliance-Answer to the Complaint; (2) Rejoinder; (3) Position paper; (4) Motion for Reconsideration
of the Resolution of the Board of Professional Teachers finding him guilty as charged; and (5) Motion for Reconsideration of
the decision of the Court of Appeals. He attended the preliminary conference and hearing where he was able to adduce his
evidence.
With
the
opportunities
he
had,
he
cannot
claim
he
was
denied
due
process.
Rene Ventenilla Puse Vs. Ligaya delos Santos-Puse, G.R. No. 183678, March 15, 2010
EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Considering that the President has the power to review on appeal the orders or acts of petitioner NEA, the failure of
respondent to undertake such an appeal bars him from resorting to a judicial suit. It is settled that under the doctrine of
exhaustion of administrative remedies, recourse through court action cannot prosper until after all such administrative
remedies have first been exhausted. If remedy is available within the administrative machinery, this should be resorted to
before recourse can be made to courts. The party with an administrative remedy must not only initiate the prescribed
administrative procedure to obtain relief but also pursue it to its appropriate conclusion before seeking judicial intervention
in order to give the administrative agency an opportunity to decide the matter itself correctly and prevent unnecessary and
premature resort to the court. The non-observance of the doctrine of exhaustion of administrative remedies results in lack
of cause of action, which is one of the grounds in the Rules of Court justifying the dismissal of the complaint.
In the present case, respondent failed to exhaust his administrative remedies when he filed a case with the RTC without
appealing the decision of the NEA to the Office of the President. As such, his petition filed with the RTC must necessarily
fail. National Electrification Administration vs. Val L. Villanueva, G.R. No. 168203, March 9, 2010
REGULATIONS; PUBLICATION.
NPC Circular No. 99-75 did not have to be published since it was merely an internal rule or regulation. It did not purport to
enforce or implement an existing law but was merely a directive issued by the NPC President to his subordinates to
regulate the proper and efficient disposal of scrap ACSRs to qualified bidders. Thus, NPC Circular No. 99-75 defined the
responsibilities of the different NPC personnel in the disposal, pre-qualification, bidding and award of scrap ACSRS. It also
provided for the deposit of a proposal bond to be submitted by bidders, the approval of the award, mode of payment and
release of awarded scrap ACSRs. All these guidelines were addressed to the NPC personnel involved in the bidding and
award of scrap ACSRs. It did not, in any way, affect the rights of the public in general or of any other person not involved
in the bidding process. Assuming it affected individual rights, it did so only remotely, indirectly and incidentally. National
Power Corporation vs. Pinatubo Commercial, represented by Alfredo A. Dy, G.R. No. 176006, March 26, 2010.
Agrarian law
CARL; COVERAGE.
Resolution No. 5, passed on March 12, 1981 by the Sangguniang Bayan of Sorsogon, Sorsogon, showed that the limits of
the poblacion area of the municipality included Barangay Bibincahan, where the respondents landholdings were situated.
The significance of this fact cannot be overstated, for, thereby, the respondents landholdings were presumed to be
industrial and residential lands. Jurisprudence has been clear about the presumption. In Hilario v. Intermediate Appellate
Court, the Court said: The presumption assumed by the appellate court that a parcel of land which is located in a
poblacion is not necessarily devoted to residential purposes is wrong. It should be the other way around. A lot inside the
poblacion should be presumed residential, or commercial, or non-agricultural unless there is a clearly preponderant
evidence to show that it is agricultural.
To the same effect was Natalia Realty Corporation v. DAR, thus: We now determine whether such lands are covered by
the CARL. Section 4 of R.A. 6657 provides that the CARL shall cover, regardless of tenurial arrangement and commodity
produced, all public and private agricultural lands. As to what constitutes agricultural land, it is referred to as land
devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial or
industrial land. The deliberations of the Constitutional Commission confirm this limitation. Agricultural lands are only
those lands which are arable and suitable agricultural lands and do not include commercial, industrial and residential
lands.
There is no dispute that as early as 1981, the respondents landholdings have been part of the poblacion of Sorsogon,
Sorsogon. Consistent with Hilario andNatalia, holding that the respondents landholdings were non-agricultural, and,
consequently, outside the coverage of the CARL, was fully warranted. In fact, the excerpt from the Comprehensive
Development Plan of Sorsogon, Sorsogon showed that Barangay Bibincahan was within the Central Business District of the
municipality. Department of Agrarian Reform, represented by Secretary Hernani A. Braganza vs. Pablo Berenguer, et al.,
G.R. No. 154094, March 9, 2010.
CARP; COVERAGE.
Petitioner insists on exemption of the Alangilan landholding from CARP coverage. It argues that the subject landholding
had already been converted into non-agricultural use long before the advent of the CARP. The passage of the 1982
Ordinance, classifying the property as reserved for residential, it asserts, effectively transformed the land into nonagricultural use, and thus, outside the ambit of the CARL. It cites Natalia, wherein it was ruled that lands intended for
residential use are outside the coverage of the CARL.
Indeed, lands devoted to non-agricultural activity are outside the coverage of CARL. These include lands previously
converted into non-agricultural uses prior to the effectivity of the CARL on June 15, 1988. Unfortunately, petitioner failed
to convince us that the Alangilan landholding ceased to be agricultural at the time of the effectivity of the CARL.
It is beyond cavil that the Alangilan landholding was classified as agricultural, reserved for residential in 1982, and was
reclassified as residential-1 in 1994. However, contrary to petitioners assertion, the term reserved for residential does not
change the nature of the land from agricultural to non-agricultural. As aptly explained by the DAR Secretary,
the term reserved for residential simply reflects the intended land use. It does not denote that the property has already
been reclassified as residential, because the phrase reserved for residential is not a land classification category.
Indubitably, at the time of the effectivity of the CARL in 1988, the subject landholding was still agricultural. This was
bolstered by the fact that the Sangguniang Panlalawigan had to pass an Ordinance in 1994, reclassifying the landholding
as residential-1. If, indeed, the landholding had already been earmarked for residential use in 1982, as petitioner claims,
then there would have been no necessity for the passage of the 1994 Ordinance. Alangilan Realty & Development
Corporation vs. Office of the President, represented by Alberto Romulo, as Executive Secretary and Arthur P. Autea, as
Deputy Secretary and Department of Agrarian Reform, G.R. No. 180471, March 26, 2010.
Election law
COMELEC; FINDINGS.
The appreciation of election documents involves a question of fact best left to the determination of the COMELEC, a
specialized agency tasked with the supervision of elections all over the country. The findings of fact of administrative
bodies, when supported by substantial evidence, are final and nonreviewable by courts of justice. This principle is applied
with greater force when the case concerns the COMELEC, because the framers of the Constitution intended to place the
poll bodycreated and explicitly made independent by the Constitution itselfon a level higher than statutory
administrative organs. Jesus O. Typoco vs. Commission on Elections, et al., G.R. No. 186359. March 5, 2010.
COMELEC; MAJORITY VOTE.
The failure of the COMELEC En Banc to muster the required majority vote even after the 15 February 2010 re-hearing
should have caused the dismissal of respondents Election Protest. Promulgated on 15 February 1993 pursuant to Section
6, Article IX-A and Section 3, Article IX-C of the Constitution, the COMELEC Rules of Procedure is clear on this matter.
Without any trace of ambiguity, Section 6, Rule 18 of said Rule categorically provides as follows: Sec. 6. Procedure if
Opinion is Equally Divided. When the Commission en banc is equally divided in opinion, or the necessary majority cannot
be had, the case shall be reheard, and if on rehearing no decision is reached, the action or proceeding shall be dismissed if
originally commenced in the Commission; in appealed cases, the judgment or order appealed from shall stand affirmed;
and in all incidental matters, the petition or motion shall be denied. Joselito R. Mendoza vs. Commission on Elections and
Roberto M. Pagdanganan, G.R. No. 191084, March 25, 2010.
Public officers
APPOINTMENT.
Section 27 (1), of the Civil Service Law provides: (1) Permanent status. A permanent appointment shall be issued to a
person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof. (emphasis and
underscoring supplied)
In the CES under which the position of PEZA Deputy Director General for Policy and Planning is classified, the acquisition of
security of tenure which presupposes a permanent appointment is governed by the Rules and Regulations promulgated by
the CES Board.
Clearly, for an examinee or an incumbent to be a member of the CES and be entitled to security of tenure, she/he must
pass the CES examinations, be conferred CES eligibility, comply with the other requirements prescribed by the CES Board,
and be appointed to a CES rank by the President.
Admittedly, before and up to the time of the termination of her appointment, respondent did not go through the four
stages of CES eligibility examinations.
The appellate courts ruling that respondent became CES eligible upon earning the MNSA degree, purportedly in
accordance with Executive Order No. 696, as amended by Executive Order No. 771, does not lie.
By respondents attainment of an MNSA degree, she was not conferred automatic CES eligibility. It was, as above-quoted
portions of CESB Resolution No. 204 state, merely accredited as equivalent to passing the Management Aptitude Test
Battery. For respondent to acquire CES eligibility and CES rank, she could proceed to the second stage of the eligibility
examination process . . . and the other stages of the examination . . . in accordance with existing policies and
regulations; and that if respondent as MNSA degree holder passed the three other stages of the CES eligibility
examinations and is conferred CES eligibility, she could qualify for appointment to CES ranks, PROVIDED that she meets
and complies with other requirements of the CES Board and the Office of the President to qualify for rank appointment.
Since, it is admitted that respondent, who acquired an MNSA degree in 1993, had not undergone the second, third and
fourth stages of the CES eligibility examinations prior to her appointment or during her incumbency as Deputy Director
General up to the time her appointment was terminated, she was not a CES eligible, as indeed certified to by
the CES Board. Not being a CES eligible, she had no security of tenure, hence, the termination by the PEZA Board on June
1, 2000 of her appointment, as well as the appointment in her stead of CES eligible by Ortaliz, were not illegal. PEZA
Board of Directors and Lilia D. De Lima vs. Gloria J. Mercado, G.R. No. 172144, March 9, 2010.
LEAVE.
Section 49, Rule XVI of the Omnibus Rules on Leave requires that an application for leave should be acted upon within 5
working days from receipt, otherwise, such application is deemed approved. The CSC interpreted said provision in this
wise It is explicit from the aforequoted rule that an application for leave of absence which had not been acted upon
either by approving or disapproving by the head of agency or his/her authorized representative within five (5) working
days from the date of its filing shall be deemed approved.
The CSC also ruled that Section 49 calls for a specific action to be done by the head of the agency or his duly authorized
representative on the application for leave filed which is either to approve or to deny the same.
Being the central agency mandated to “prescribe, amend, and enforce rules and regulations for carrying into effect
the provisions of the Civil Service Law and other pertinent laws, the CSC has the power to interpret its own rules and any
phrase contained in them, with its interpretation significantly becoming part of the rules themselves. The Court has
consistently yielded and accorded great respect to the interpretation by administrative agencies of their own rules unless
there is an error of law, abuse of power, lack of jurisdiction or grave abuse of discretion clearly conflicting with the letter
and spirit of the law.
Clearly, Atty. Nghuatcos memorandum did not cover the action contemplated by Section 49. For one, it did not bear the
imprimatur of the Commission Chairman (or his duly authorized representative) who was the proper party to grant or deny
the application, as dictated by Section 52 of the Omnibus Rules on Leave. For another, it only submitted to the Commission
Secretary Atty. Nghuatcos comments and/or recommendations on Palers application. It was merely preliminary and did
not propose any definitive action (i.e., approval or disapproval) on Palers application, and simply recommended what
action to take. It was obviously not controlling and the Chairman could have agreed or disagreed with the recommended
action. In fact, the memorandum clearly provided that Palers request was still to be referred to the Legal Service for
comment, and that the application (could) be acted upon depending on the completion of his work load and submission of
the medical certificate. These circumstances plainly meant that further action was yet to be made on the application. And
since there was no final approval or disapproval of Palers application within 5 working days from receipt as required by
Section 49, the application was deemed approved. Paler, therefore, could not be considered on AWOL. Commission on
Appointments, represented herein by its Secretary Hon. Arturo L. Tiu vs. Celso M. Paler, G.R. No. 172623. March 3, 2010.
Misconduct. Misconduct means intentional wrongdoing or deliberate violation of a rule of law or standard of behavior. To
constitute an administrative offense, misconduct should relate to or be connected with the performance of the official
functions and duties of a public officer. In grave misconduct, as distinguished from simple misconduct, the elements of
corruption, clear intent to violate the law or flagrant disregard of an established rule must be manifest.
Respondents acts of grabbing petitioner and attempting to kiss her were, no doubt, intentional. Worse, the incident
occurred months after he had made similar but subtler overtures to De la Cruz, who made it clear that his sexual advances
were not welcome. Considering that the acts respondent committed against petitioner were much more aggressive, it was
impossible that the offensive nature of his actions could have escaped him. It does not appear that petitioner and
respondent were carrying on an amorous relationship that might have justified his attempt to kiss petitioner while they
were separated from their companions. Worse, as petitioner and respondent were both married (to other persons),
respondent not only took his marital status lightly, he also ignored petitioners married state, and good character and
reputation. Teresita G. Narvasa vs. Benjamin A. Sanchez, Jr., G.R. No. 169449, March 26, 2010.
Petitioners contend, citing Section 5(3), Article VI of the 1987 Constitution, that the reapportionment introduced by
Republic Act No. 9716, runs afoul of the explicit constitutional standard that requires a minimum population of two
hundred fifty thousand (250,000) for the creation of a legislative district. The petitioners claim that the reconfiguration by
Republic Act No. 9716 of the first and second districts of Camarines Sur is unconstitutional, because the proposed first
district will end up with a population of less than 250,000 or only 176,383.
The second sentence of Section 5(3), Article VI of the Constitution, succinctly provides: Each city with a population of at
least two hundred fifty thousand, or each province, shall have at least one representative. The provision draws a plain
and clear distinction between the entitlement of a city to a district on one hand, and the entitlement of a province to a
district on the other. For while a province is entitled to at least a representative, with nothing mentioned about population,
a city must first meet a population minimum of 250,000 in order to be similarly entitled. Plainly read, Section 5(3) of the
Constitution requires a 250,000 minimum population only for a city to be entitled to a representative, but not so for a
province. Senator Benigno Simeon C. Aquino III and Mayor Jesse Robredo vs. Commission on Elections, G.R. No. 189793,
April 7, 2010.
PARTY LIST; ACCREDITATION.
Ang Ladlad has sufficiently demonstrated its compliance with the legal requirements for accreditation. Indeed, aside from
COMELECs moral objection and the belated allegation of non-existence, nowhere in the records has the respondent ever
found/ruled that Ang Ladlad is not qualified to register as a party-list organization under any of the requisites under RA
7941 or the guidelines in Ang Bagong Bayani. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April
8, 2010.
PARTY LIST; MORAL DISAPPROVAL AS GROUND FOR ACCREDITATION.
Moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from
participation in the party-list system. The denial of Ang Ladlads registration on purely moral grounds amounts more to a
statement of dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest.
Respondents blanket justifications give rise to the inevitable conclusion that the COMELEC targets homosexuals
themselves as a class, not because of any particular morally reprehensible act. It is this selective targeting that implicates
our equal protection clause.
It bears stressing that our finding that COMELECs act of differentiating LGBTs from heterosexuals insofar as the party-list
system is concerned does not imply that any other law distinguishing between heterosexuals and homosexuals under
different circumstances would similarly fail. We disagree with the OSGs position that homosexuals are a class in
themselves for the purposes of the equal protection clause. We are not prepared to single out homosexuals as a separate
class meriting special or differentiated treatment. We have not received sufficient evidence to this effect, and it is simply
unnecessary to make such a ruling today. Petitioner itself has merely demanded that it be recognized under the same basis
as all other groups similarly situated, and that the COMELEC made an unwarranted and impermissible classification not
justified by the circumstances of the case. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April 8,
2010.
PARTY LIST; SECTORS QUALIFIED.
The COMELEC denied Ang Ladlads application for registration on the ground that the LGBT sector is neither enumerated in
the Constitution and RA 7941, nor is it associated with or related to any of the sectors in the enumeration.
Respondent mistakenly opines that our ruling in Ang Bagong Bayani stands for the proposition that only those sectors
specifically enumerated in the law or related to said sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals) may be registered
under the party-list system. As we explicitly ruled in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections, the
enumeration of marginalized and under-represented sectors is not exclusive. The crucial element is not whether a sector
is specifically enumerated, but whether a particular organization complies with the requirements of the Constitution and RA
7941. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April 8, 2010.
PRESIDENT; EXECUTIVE PREROGATIVE.
The Executive Department did not commit grave abuse of discretion in not espousing petitioners claims for official apology
and other forms of reparations against Japan. From a domestic law perspective, the Executive Department has the
exclusive prerogative to determine whether to espouse petitioners claims against Japan. Isabelita C. Vinuya, et al. vs.
Hon. Executive Secretary, et al., G.R. No. 162230, April 28, 2010.
functions of the government officers and employees. We cannot accept petitioners theory that the compensation and
benefits of public officers are intended purely for the personal benefit of such officers, or that the mere payment of salaries
and benefits to a public officer satisfies the public purpose requirement. That theory would lead to the anomalous
conclusion that government officers and employees may be paid enormous sums without limit or without any justification
necessary other than that such sums are being paid to someone employed by the government. Public funds are the
property of the people and must be used prudently at all times with a view to prevent dissipation and waste. Ramon R.
Yap vs. Commission on Audit, G.R. No. 158562, April 23, 2010.
Administrative Law
ADMINISTRATIVE PROCEEDINGS; DUE PROCESS.
On the due process issue, we agree with the COMELEC that PGBIs right to due process was not violated for PGBI was
given an opportunity to seek, as it did seek, a reconsideration of Resolution No. 8679. The essence of due process, we
have consistently held, is simply the opportunity to be heard; as applied to administrative proceedings, due process is the
opportunity to explain ones side or the opportunity to seek a reconsideration of the action or ruling complained of. A
formal or trial-type hearing is not at all times and in all instances essential. The requirement is satisfied where the parties
are afforded fair and reasonable opportunity to explain their side of the controversy at hand. What is frowned upon is
absolute lack of notice and hearing x x x. We find it obvious under the attendant circumstances that PGBI was not
denied due process. In any case, given the result of this Resolution, PGBI has no longer any cause for complaint on due
process grounds. Philippine Guardians Brotherhood, Inc. (PGBI), etc. vs. Commission on Elections, G.R. No. 190529.
April 29, 2010
PROCEDURAL DUE PROCESS; REQUIREMENTS.
The Ang Tibay formulation was overlapping and repetitious. Hence, in Air Manila, Inc. v. Balatbat, the formulation was
simplified into four basic rights, as follows:
1.
The right to notice, be it actual or constructive, of the institution of the proceedings that may affect a persons legal
right;
2.
The right to a reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant
evidence in his favor;
3.
The right to a tribunal so constituted as to give him reasonable assurance of honesty and impartiality, and one of
competent jurisdiction; and
4.
The right to a finding or decision of that tribunal supported by substantial evidence presented at the hearing or at
least ascertained in the records or disclosed to the parties.
Gauged upon the foregoing guidelines, Tolentinos gripe was unwarranted. He was not denied procedural due process. The
Division had required him to provide the names of his revisors whose tasks included the raising of objections, the claiming
votes for him, or the contesting of the votes in favor of his opponent. He has neither alleged being deprived of this
opportunity, nor indicated any situation in which his revisors were denied access to the revision proceedings. He could not
also insist that the COMELEC did not consider his legal and factual arguments; besides, he could still raise them in his
memorandum should he chose to. During the revision stage, he should raise all objections, present his evidence and
witnesses, and file his memorandum before the case would be submitted for resolution. Mayor Abraham N. Tolentino vs.
Commission on Elections, et al./Vice-Mayor Celso P. De Castro vs. Commission on Elections, et al., G.R. Nos. 187958, G.R.
No. 187961 & 187962/G.R. No. 187966, G.R. No. 187967 & 187968. April 7, 2010.
REORGANIZATION; GOOD FAITH.
The presidential power to reorganize agencies and offices in the executive branch of government is subject to the
condition that such reorganization is carried out in good faith.
If the reorganization is done in good faith, the abolition of positions, which results in loss of security of tenure of affected
government employees, would be valid. In Buklod ng Kawaning EIIB v. Zamora, we even observed that there was no such
thing as an absolute right to hold office. Except those who hold constitutional offices, which provide for special immunity
as regards salary and tenure, no one can be said to have any vested right to an office or salary. Atty. Sylvia Banda, et al.
vs.. Eduardo R. Ermita etc., et al. G.R. No. 166620, April 20, 2010.
Election Law
BALLOTS; REVISION.
The COMELEC did not commit grave abuse of discretion when it order the revision of 44 ballots with the Senate Electoral
Tribunal without first reolsivng whether 16 of those 44 ballots should be included in the revision.
In regular election contests, the general averment of fraud or irregularities in the counting of votes justifies the
examination of the ballots and recounting of votes. This process of examination is the revision of the ballots pursuant to
Section 6, Rule 20 of the 1993 COMELEC Rules of Procedure.
The protests involved herein assailed the authenticity of the election returns and the veracity of the counting of the ballots.
In that regard, the ballots themselves are the best evidence. The only means to overcome the presumption of legitimacy
of the election returns is to examine and determine first whether the ballot boxes have been substantially preserved in the
manner mandated by law. Hence, the necessity to issue the order of revision.
No ruling could be handed down against the integrity of the ballot boxes that would effectively render naught the
evidentiary value of the ballots they contained unless a full blown trial on the merits was first conducted. Tolentino should
accept the legal impossibility for the Division to rule on the issue of inclusion or exclusion of the set-aside ballot boxes
except after the revision process. Mayor Abraham N. Tolentino vs. Commission on Elections, et al./Vice-Mayor Celso P. De
Castro vs. Commission on Elections, et al., G.R. Nos. 187958, G.R. No. 187961 & 187962/G.R. No. 187966, G.R. No.
187967 & 187968. April 7, 2010.
PARTY LIST; DELISTING.
Our Minero ruling is an erroneous application of Section 6(8) of RA 7941; hence, it cannot sustain PGBIs delisting from the
roster of registered national, regional or sectoral parties, organizations or coalitions under the party-list system.
First, the law is clear the COMELEC may motu proprio or upon verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition if
it: (a) fails to participate in the last two (2) preceding elections; or (b) fails to obtain at least two per centum (2%) of the
votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
The word or is a disjunctive term signifying disassociation and independence of one thing from the other things
enumerated; it should, as a rule, be construed in the sense in which it ordinarily implies, as a disjunctive word. Thus, the
plain, clear and unmistakable language of the law provides for two (2) separate reasons for delisting.
Second, Minero is diametrically opposed to the legislative intent of Section 6(8) of RA 7941, as PGBIs cited congressional
deliberations clearly show.
Minero therefore simply cannot stand. Its basic defect lies in its characterization of the non-participation of a party-list
organization in an election as similar to a failure to garner the 2% threshold party-list vote. What Minero effectively holds
is that a party list organization that does not participate in an election necessarily gets, by default, less than 2% of the
party-list votes. To be sure, this is a confused interpretation of the law, given the laws clear and categorical language and
the legislative intent to treat the two scenarios differently. A delisting based on a mixture or fusion of these two different
and separate grounds for delisting is therefore a strained application of the law in jurisdictional terms, it is an
interpretation not within the contemplation of the framers of the law and hence is a gravely abusive interpretation of the
law.
What we say here should of course take into account our ruling in Barangay Association for Advancement and National
Transparency v. COMELEC (Banat) where we partly invalidated the 2% party-list vote requirement provided in RA 7941 as
follows: We rule that, in computing the allocation of additional seats, the continued operation of the two percent
threshold for the distribution of the additional seats as found in the second clause of Section 11(b) of R.A. No. 7941 is
unconstitutional. This Court finds that the two percent threshold makes it mathematically impossible to achieve the
maximum number of available party list seats when the number of available party list seats exceeds 50. The continued
operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissive
ceiling that 20% of the members of the House of Representatives shall consist of party-list representatives.
The disqualification for failure to get 2% party-list votes in two (2) preceding elections should therefore be understood in
light of the Banat ruling that party-list groups or organizations garnering less than 2% of the party-list votes may yet
qualify for a seat in the allocation of additional seats.
We need not extensively discuss Banats significance, except to state that a party-list group or organization which qualified
in the second round of seat allocation cannot now validly be delisted for the reason alone that it garnered less than 2% in
the last two elections. In other words, the application of this disqualification should henceforth be contingent on the
percentage of party-list votes garnered by the last party-list organization that qualified for a seat in the House of
Representatives, a percentage that is less than the 2% threshold invalidated in Banat. The disqualification should now
necessarily be read to apply to party-list groups or organizations that did not qualify for a seat in the two preceding
elections for the constituency in which it registered.
To reiterate, (a) Section 6(8) of RA 7941 provides for two separate grounds for delisting; these grounds cannot be mixed
or combined to support delisting; and (b) the disqualification for failure to garner 2% party-list votes in two preceding
elections should now be understood, in light of the Banat ruling, to mean failure to qualify for a party-list seat in two
preceding elections for the constituency in which it has registered. This, we declare, is how Section 6(8) of RA 7941 should
be understood and applied. We do so under our authority to state what the law is, and as an exception to the application
of the principle of stare decisis. Philippine Guardians Brotherhood, Inc. (PGBI), etc. vs. Commission on Elections, G.R.
No. 190529. April 29, 2010.
VOTER; RESIDENCY REQUIREMENT.
The the residency requirement of a voter is at least one (1) year residence in the Philippines and at least six (6) months in
the place where the person proposes or intends to vote. Residence, as used in the law prescribing the qualifications for
suffrage and for elective office, is doctrinally settled to mean domicile, importing not only an intention to reside in a fixed
place but also personal presence in that place, coupled with conduct indicative of such intention inferable from a persons
acts, activities, and utterances. Domicile denotes a fixed permanent residence where, when absent for business or
pleasure, or for like reasons, one intends to return. In the consideration of circumstances obtaining in each particular case,
three rules must be borne in mind, namely: (1) that a person must have a residence or domicile somewhere; (2) once
established, it remains until a new one is acquired; and (3) that a person can have but one residence or domicile at a time.
Domicile is not easily lost. To successfully effect a transfer thereof, one must demonstrate: (1) an actual removal or
change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and
(3) acts which correspond with that purpose. There must be animus manendi coupled with animus non revertendi. The
purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be
voluntary; and the residence at the place chosen for the new domicile must be actual.
Asistio has always been a resident of Caloocan City since his birth or for more than 72 years. His family is known to be
among the prominent political families in Caloocan City. In fact, Asistio served in public office as Caloocan City Second
District representative in the House of Representatives, having been elected as such in the 1992, 1995, 1998, and 2004
elections. In 2007, he also sought election as City Mayor. In all of these occasions, Asistio cast his vote in the same city.
Taking these circumstances into consideration, gauged in the light of the doctrines above enunciated, it cannot be denied
that Asistio has qualified, and continues to qualify, as a voter of Caloocan City. There is no showing that he has established
domicile elsewhere, or that he had consciously and voluntarily abandoned his residence in Caloocan City. He should,
therefore, remain in the list of permanent registered voters of Precinct No. 1811A, Barangay 15, Caloocan City.
That Asistio allegedly indicated in his Certificate of Candidacy for Mayor, both for the 2007 and 2010 elections, a nonexistent or false address, or that he could not be physically found in the address he indicated when he registered as a
voter, should not operate to exclude him as a voter of Caloocan City. These purported misrepresentations in Asistios COC,
if true, might serve as basis for an election offense under the Omnibus Election Code (OEC), or an action to deny due
course to the COC. But to our mind, they do not serve as proof that Asistio has abandoned his domicile in Caloocan City, or
that he has established residence outside of Caloocan City. Luis A. Asistio vs. Hon. Thelma Canlas Trinidad-Pe Aguirre, etc.
et al., G.R. No. 191124. April 27, 2010.
International Law
INTERNATIONAL LAW; BINDING EFFECT.
Although this Court stands willing to assume the responsibility of giving effect to the Philippines international law
obligations, the blanket invocation of international law is not the panacea for all social ills. We refer now to the petitioners
invocation of the Yogyakarta Principles (the Application of International Human Rights Law In Relation to Sexual
Orientation and Gender Identity), which petitioner declares to reflect binding principles of international law.
At this time, we are not prepared to declare that these Yogyakarta Principles contain norms that are obligatory on the
Philippines. There are declarations and obligations outlined in said Principles which are not reflective of the current state of
international law, and do not find basis in any of the sources of international law enumerated under Article 38(1) of the
Statute of the International Court of Justice. Petitioner has not undertaken any objective and rigorous analysis of these
alleged principles of international law to ascertain their true status. Ang Ladlad LGBT Party vs. Commission on Elections,
G.R. No. 190582, April 8, 2010.
Public Officers
CONDONATION DOCTRINE; APPLICABILITY TO APPOINTIVE OFFICIALS.
Petitioners urge this Court to expand the settled doctrine of condonation to cover coterminous appointive officials who
were administratively charged along with the reelected official/appointing authority with infractions allegedly committed
during their preceding term.
The Court rejects petitioners thesis.
More than 60 years ago, the Court in Pascual v. Hon. Provincial Board of Nueva Ecija issued the landmark ruling that
prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of
office. The Court explained that [t]he underlying theory is that each term is separate from other terms, and that
the reelection to office operates as a condonation of the officers previous misconduct to the extent of cutting off the right
to remove him therefor.
The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be
to deprive the people of their right to elect their officers. When the people elect[e]d a man to office, it must be assumed
that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if
he had been guilty of any. It is not for the court, by reason of such faults or misconduct[,] to practically overrule the will
of the people. (underscoring supplied)
Lizares v. Hechanova, et al. replicated the doctrine. The Court dismissed the petition in that case for being moot, the
therein petitioner having been duly reelected, is no longer amenable to administrative sanctions.
Ingco v. Sanchez, et al. clarified that the condonation doctrine does not apply to a criminal case. Luciano v. The Provincial
Governor, et al., Olivarez v. Judge Villaluz, and Aguinaldo v. Santos echoed the qualified rule that reelection of a public
official does not bar prosecution for crimes committed by him prior thereto.
Consistently, the Court has reiterated the doctrine in a string of recent jurisprudence including two cases involving a
Senator and a Member of the House of Representatives.
Salalima v. Guingona, Jr. and Mayor Garcia v. Hon. Mojica reinforced the doctrine. The condonation rule was applied even
if the administrative complaint was not filed before the reelection of the public official, and even if the alleged misconduct
occurred four days before the elections, respectively. Salalima did not distinguish as to the date of filing of the
administrative complaint, as long as the alleged misconduct was committed during the prior term, the precise timing or
period of which Garcia did not further distinguish, as long as the wrongdoing that gave rise to the public officials
culpability was committed prior to the date of reelection.
Petitioners theory is not novel.
A parallel question was involved in Civil Service Commission v. Sojor where the Court found no basis to broaden the scope
of the doctrine of condonation.
Contrary to petitioners asseveration, the non-application of the condonation doctrine to appointive officials does not
violate the right to equal protection of the law.
In the recent case of Quinto v. Commission on Elections, the Court applied the four-fold test in an equal protection
challenge against the resign-to-run provision, wherein it discussed the material and substantive distinctions between
elective and appointive officials that could well apply to the doctrine of condonation.
The electorates condonation of the previous administrative infractions of the reelected official cannot be extended to that
of the reappointed coterminous employees, the underlying basis of the rule being to uphold the will of the people
expressed through the ballot. In other words, there is neither subversion of the sovereign will nor disenfranchisement of
the electorate to speak of, in the case of reappointed coterminous employees.
It is the will of the populace, not the whim of one person who happens to be the appointing authority, that could extinguish
an administrative liability. Since petitioners hold appointive positions, they cannot claim the mandate of the electorate.
The people cannot be charged with the presumption of full knowledge of the life and character of each and every probable
appointee of the elective official ahead of the latters actual reelection.
Moreover, the unwarranted expansion of the Pascual doctrine would set a dangerous precedent as it would, as respondents
posit, provide civil servants, particularly local government employees, with blanket immunity from administrative liability
that would spawn and breed abuse in the bureaucracy. Atty. Vicente E. Salumbides, Jr., et al. vs. Office of the
Ombudsman, et al., G.R. No. 180917, April 23, 2010.
PUBLIC OFFICE; PUBLIC TRUST.
Unlike private offices which are held largely on the dictates of market forces, public offices are public trust. Public officers
are tasked to serve the public interest, thus the excessive burden for their retention in the form of numerous prohibitions.
The liberal evidentiary standard of substantial evidence and the freedom of administrative proceedings from technical
niceties effectuate the fiduciary nature of public office: they are procedural mechanisms assuring ease in maintaining an
efficient bureaucracy, free of rent-seeking officials who exploit government processes to raise easy money. Respondents
hold on his item at the Mandaue City revenue office, which, like our customs offices, is a common situs for corrupt
activities, is no more lasting than his fidelity to his trust. Although no criminal verdict deprives respondent of his liberty,
adequate evidence justifies his removal from the bureaucracy for forfeiting the public trust. Hon. Primo C. Miro, etc.
vs. Reynaldo M. Dosono, G.R. No. 170697, April 30, 2010.
In light of these express provisions of law granting respondent COA its power and authority, we have previously ruled that
its exercise of its general audit power is among the constitutional mechanisms that give life to the check and balance
system inherent in our form of government. Furthermore, we have also declared that COA is endowed with enough latitude
to determine, prevent and disallow irregular, unnecessary, excessive, extravagant or unconscionable expenditures of
government funds.
Based on the foregoing discussion and due to the lack or absence of any law or jurisprudence saying otherwise, we rule
that, in resolving cases brought before it on appeal, respondent COA is not required to limit its review only to the grounds
relied upon by a government agencys auditor with respect to disallowing certain disbursements of public funds. In
consonance with its general audit power, respondent COA is not merely legally permitted, but is also duty-bound to make
its own assessment of the merits of the disallowed disbursement and not simply restrict itself to reviewing the validity of
the ground relied upon by the auditor of the government agency concerned. To hold otherwise would render COAs vital
constitutional power unduly limited and thereby useless and ineffective. Ramon R. Yap vs. Commission on Audit, G.R. No.
158562, April 23, 2010.
________________
* Sourced from http://lexoterica.wordpress.com by Vicente D. Gerochi IV
7941 or the guidelines in Ang Bagong Bayani. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April
8, 2010.
Party list; moral disapproval as ground for accreditation.
Moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from
participation in the party-list system. The denial of Ang Ladlads registration on purely moral grounds amounts more to a
statement of dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest.
Respondents blanket justifications give rise to the inevitable conclusion that the COMELEC targets homosexuals
themselves as a class, not because of any particular morally reprehensible act. It is this selective targeting that implicates
our equal protection clause.
It bears stressing that our finding that COMELECs act of differentiating LGBTs from heterosexuals insofar as the party-list
system is concerned does not imply that any other law distinguishing between heterosexuals and homosexuals under
different circumstances would similarly fail. We disagree with the OSGs position that homosexuals are a class in
themselves for the purposes of the equal protection clause. We are not prepared to single out homosexuals as a separate
class meriting special or differentiated treatment. We have not received sufficient evidence to this effect, and it is simply
unnecessary to make such a ruling today. Petitioner itself has merely demanded that it be recognized under the same basis
as all other groups similarly situated, and that the COMELEC made an unwarranted and impermissible classification not
justified by the circumstances of the case. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April 8,
2010.
Party list; sectors qualified.
The COMELEC denied Ang Ladlads application for registration on the ground that the LGBT sector is neither enumerated in
the Constitution and RA 7941, nor is it associated with or related to any of the sectors in the enumeration.
Respondent mistakenly opines that our ruling in Ang Bagong Bayani stands for the proposition that only those sectors
specifically enumerated in the law or related to said sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals) may be registered
under the party-list system. As we explicitly ruled in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections, the
enumeration of marginalized and under-represented sectors is not exclusive. The crucial element is not whether a sector
is specifically enumerated, but whether a particular organization complies with the requirements of the Constitution and RA
7941. Ang Ladlad LGBT Party vs. Commission on Elections, G.R. No. 190582, April 8, 2010.
President; executive prerogative.
The Executive Department did not commit grave abuse of discretion in not espousing petitioners claims for official apology
and other forms of reparations against Japan. From a domestic law perspective, the Executive Department has the
exclusive prerogative to determine whether to espouse petitioners claims against Japan. Isabelita C. Vinuya, et al. vs.
Hon. Executive Secretary, et al., G.R. No. 162230, April 28, 2010.
President; power of appointment.
The incumbent President can appoint the successor of Chief Justice Puno upon his retirement on May 17, 2010 as the
prohibition against presidential appointments under Section 15, Article VII does not extend to appointments in the
Judiciary. Arturo M. De Castro vs. Judicial and Bar Council, et al., G.R. No. 191002, April 20, 2010.
President; power to reorganize.
It is a well-settled principle in jurisprudence that the President has the power to reorganize the offices and agencies in the
executive department in line with the Presidents constitutionally granted power of control over executive offices and by
virtue of previous delegation of the legislative power to reorganize executive offices under existing statutes.
Executive Order No. 292 or the Administrative Code of 1987 gives the President continuing authority to reorganize and
redefine the functions of the Office of the President. Section 31, Chapter 10, Title III, Book III of the said Code, is explicit.
It is undisputed that the NPO, as an agency that is part of the Office of the Press Secretary (which in various times has
been an agency directly attached to the Office of the Press Secretary or as an agency under the Philippine Information
Agency), is part of the Office of the President.
Pertinent to the case at bar, Section 31 of the Administrative Code of 1987 quoted above authorizes the President (a)
to restructure the internal organization of the Office of the President Proper, including the immediate Offices, the President
Special Assistants/Advisers System and the Common Staff Support System, by abolishing, consolidating or merging units
thereof or transferring functions from one unit to another, and (b) to transfer functions or offices from the Office of the
President to any other Department or Agency in the Executive Branch, and vice versa.
There is a view that the reorganization actions that the President may take with respect to agencies in the Office of the
President are strictly limited to transfer of functions and offices as seemingly provided in Section 31 of the Administrative
Code of 1987.
However, Section 20, Chapter 7, Title I, Book III of the same Code significantly provides: Sec. 20. Residual Powers.
Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President
which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the
President in accordance with law.
Pursuant to Section 20, the power of the President to reorganize the Executive Branch under Section 31 includes such
powers and functions that may be provided for under other laws. To be sure, an inclusive and broad interpretation of the
Presidents power to reorganize executive offices has been consistently supported by specific provisions in general
appropriations laws. Atty. Sylvia Banda, et al. vs.. Eduardo R. Ermita etc., et al. G.R. No. 166620, April 20, 2010.
Public funds; disbursement.
Section 4 of Presidential Decree No. 1445 lays out the basic guidelines that government entities must follow in disbursing
public funds. Any disbursement of public funds, which includes payment of salaries and benefits to government employees
and officials, must (a) be authorized by law, and (b) serve a public purpose.
In this regard, it is necessary for this Court to elaborate on the nature and meaning of the term public purpose, in
relation to disbursement of public funds. As understood in the traditional sense, public purpose or public use means any
purpose or use directly available to the general public as a matter of right. Thus, it has also been defined as an activity
as will serve as benefit to [the] community as a body and which at the same time is directly related function of
government. However, the concept of public use is not limited to traditional purposes. Here as elsewhere, the idea that
public use is strictly limited to clear cases of use by the public has been discarded. In fact, this Court has already
categorically stated that the term public purpose is not defined, since it is an elastic concept that can be hammered to fit
modern standards. It should be given a broad interpretation; therefore, it does not only pertain to those purposes that
which are traditionally viewed as essentially government functions, such as building roads and delivery of basic services,
but also includes those purposes designed to promote social justice. Thus, public money may now be used for the
relocation of illegal settlers, low-cost housing and urban or agrarian reform. In short, public use is now equated with
public interest, and that it is not unconstitutional merely because it incidentally benefits a limited number of persons.
To our mind, in view of the public purpose requirement, the disbursement of public funds, salaries and benefits of
government officers and employees should be granted to compensate them for valuable public services rendered, and the
salaries or benefits paid to such officers or employees must be commensurate with services rendered. In the same vein,
additional allowances and benefits must be shown to be necessary or relevant to the fulfillment of the official duties and
functions of the government officers and employees. We cannot accept petitioners theory that the compensation and
benefits of public officers are intended purely for the personal benefit of such officers, or that the mere payment of salaries
and benefits to a public officer satisfies the public purpose requirement. That theory would lead to the anomalous
conclusion that government officers and employees may be paid enormous sums without limit or without any justification
necessary other than that such sums are being paid to someone employed by the government. Public funds are the
property of the people and must be used prudently at all times with a view to prevent dissipation and waste. Ramon R.
Yap vs. Commission on Audit, G.R. No. 158562, April 23, 2010.
Administrative Law
Administrative proceedings; due process.
On the due process issue, we agree with the COMELEC that PGBIs right to due process was not violated for PGBI was
given an opportunity to seek, as it did seek, a reconsideration of Resolution No. 8679. The essence of due process, we
have consistently held, is simply the opportunity to be heard; as applied to administrative proceedings, due process is the
opportunity to explain ones side or the opportunity to seek a reconsideration of the action or ruling complained of. A
formal or trial-type hearing is not at all times and in all instances essential. The requirement is satisfied where the parties
are afforded fair and reasonable opportunity to explain their side of the controversy at hand. What is frowned upon is
absolute lack of notice and hearing x x x. We find it obvious under the attendant circumstances that PGBI was not
denied due process. In any case, given the result of this Resolution, PGBI has no longer any cause for complaint on due
process grounds. Philippine Guardians Brotherhood, Inc. (PGBI), etc. vs. Commission on Elections, G.R. No. 190529.
April 29, 2010
Procedural due process; requirements.
The Ang Tibay formulation was overlapping and repetitious. Hence, in Air Manila, Inc. v. Balatbat, the formulation was
simplified into four basic rights, as follows:
1.
The right to notice, be it actual or constructive, of the institution of the proceedings that may affect a persons legal
right;
2.
The right to a reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant
evidence in his favor;
3.
The right to a tribunal so constituted as to give him reasonable assurance of honesty and impartiality, and one of
competent jurisdiction; and
4.
The right to a finding or decision of that tribunal supported by substantial evidence presented at the hearing or at
least ascertained in the records or disclosed to the parties.
Gauged upon the foregoing guidelines, Tolentinos gripe was unwarranted. He was not denied procedural due process. The
Division had required him to provide the names of his revisors whose tasks included the raising of objections, the claiming
votes for him, or the contesting of the votes in favor of his opponent. He has neither alleged being deprived of this
opportunity, nor indicated any situation in which his revisors were denied access to the revision proceedings. He could not
also insist that the COMELEC did not consider his legal and factual arguments; besides, he could still raise them in his
memorandum should he chose to. During the revision stage, he should raise all objections, present his evidence and
witnesses, and file his memorandum before the case would be submitted for resolution. Mayor Abraham N. Tolentino vs.
Commission on Elections, et al./Vice-Mayor Celso P. De Castro vs. Commission on Elections, et al., G.R. Nos. 187958, G.R.
No. 187961 & 187962/G.R. No. 187966, G.R. No. 187967 & 187968. April 7, 2010.
Reorganization; good faith.
The presidential power to reorganize agencies and offices in the executive branch of government is subject to the
condition that such reorganization is carried out in good faith.
If the reorganization is done in good faith, the abolition of positions, which results in loss of security of tenure of affected
government employees, would be valid. In Buklod ng Kawaning EIIB v. Zamora, we even observed that there was no such
thing as an absolute right to hold office. Except those who hold constitutional offices, which provide for special immunity
as regards salary and tenure, no one can be said to have any vested right to an office or salary. Atty. Sylvia Banda, et al.
vs.. Eduardo R. Ermita etc., et al. G.R. No. 166620, April 20, 2010.
Election Law
Ballots; revision.
The COMELEC did not commit grave abuse of discretion when it order the revision of 44 ballots with the Senate Electoral
Tribunal without first reolsivng whether 16 of those 44 ballots should be included in the revision.
In regular election contests, the general averment of fraud or irregularities in the counting of votes justifies the
examination of the ballots and recounting of votes. This process of examination is the revision of the ballots pursuant to
Section 6, Rule 20 of the 1993 COMELEC Rules of Procedure.
The protests involved herein assailed the authenticity of the election returns and the veracity of the counting of the ballots.
In that regard, the ballots themselves are the best evidence. The only means to overcome the presumption of legitimacy
of the election returns is to examine and determine first whether the ballot boxes have been substantially preserved in the
manner mandated by law. Hence, the necessity to issue the order of revision.
No ruling could be handed down against the integrity of the ballot boxes that would effectively render naught the
evidentiary value of the ballots they contained unless a full blown trial on the merits was first conducted. Tolentino should
accept the legal impossibility for the Division to rule on the issue of inclusion or exclusion of the set-aside ballot boxes
except after the revision process. Mayor Abraham N. Tolentino vs. Commission on Elections, et al./Vice-Mayor Celso P. De
Castro vs. Commission on Elections, et al., G.R. Nos. 187958, G.R. No. 187961 & 187962/G.R. No. 187966, G.R. No.
187967 & 187968. April 7, 2010.
Party list; delisting.
Our Minero ruling is an erroneous application of Section 6(8) of RA 7941; hence, it cannot sustain PGBIs delisting from the
roster of registered national, regional or sectoral parties, organizations or coalitions under the party-list system.
First, the law is clear the COMELEC may motu proprio or upon verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition if
it: (a) fails to participate in the last two (2) preceding elections; or (b) fails to obtain at least two per centum (2%) of the
votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
The word or is a disjunctive term signifying disassociation and independence of one thing from the other things
enumerated; it should, as a rule, be construed in the sense in which it ordinarily implies, as a disjunctive word. Thus, the
plain, clear and unmistakable language of the law provides for two (2) separate reasons for delisting.
Second, Minero is diametrically opposed to the legislative intent of Section 6(8) of RA 7941, as PGBIs cited congressional
deliberations clearly show.
Minero therefore simply cannot stand. Its basic defect lies in its characterization of the non-participation of a party-list
organization in an election as similar to a failure to garner the 2% threshold party-list vote. What Minero effectively holds
is that a party list organization that does not participate in an election necessarily gets, by default, less than 2% of the
party-list votes. To be sure, this is a confused interpretation of the law, given the laws clear and categorical language and
the legislative intent to treat the two scenarios differently. A delisting based on a mixture or fusion of these two different
and separate grounds for delisting is therefore a strained application of the law in jurisdictional terms, it is an
interpretation not within the contemplation of the framers of the law and hence is a gravely abusive interpretation of the
law.
What we say here should of course take into account our ruling in Barangay Association for Advancement and National
Transparency v. COMELEC (Banat) where we partly invalidated the 2% party-list vote requirement provided in RA 7941 as
follows: We rule that, in computing the allocation of additional seats, the continued operation of the two percent
threshold for the distribution of the additional seats as found in the second clause of Section 11(b) of R.A. No. 7941 is
unconstitutional. This Court finds that the two percent threshold makes it mathematically impossible to achieve the
maximum number of available party list seats when the number of available party list seats exceeds 50. The continued
operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissive
ceiling that 20% of the members of the House of Representatives shall consist of party-list representatives.
The disqualification for failure to get 2% party-list votes in two (2) preceding elections should therefore be understood in
light of the Banat ruling that party-list groups or organizations garnering less than 2% of the party-list votes may yet
qualify for a seat in the allocation of additional seats.
We need not extensively discuss Banats significance, except to state that a party-list group or organization which qualified
in the second round of seat allocation cannot now validly be delisted for the reason alone that it garnered less than 2% in
the last two elections. In other words, the application of this disqualification should henceforth be contingent on the
percentage of party-list votes garnered by the last party-list organization that qualified for a seat in the House of
Representatives, a percentage that is less than the 2% threshold invalidated in Banat. The disqualification should now
necessarily be read to apply to party-list groups or organizations that did not qualify for a seat in the two preceding
elections for the constituency in which it registered.
To reiterate, (a) Section 6(8) of RA 7941 provides for two separate grounds for delisting; these grounds cannot be mixed
or combined to support delisting; and (b) the disqualification for failure to garner 2% party-list votes in two preceding
elections should now be understood, in light of the Banat ruling, to mean failure to qualify for a party-list seat in two
preceding elections for the constituency in which it has registered. This, we declare, is how Section 6(8) of RA 7941 should
be understood and applied. We do so under our authority to state what the law is, and as an exception to the application
of the principle of stare decisis. Philippine Guardians Brotherhood, Inc. (PGBI), etc. vs. Commission on Elections, G.R.
No. 190529. April 29, 2010.
Public Officers
Condonation doctrine; applicability to appointive officials.
Petitioners urge this Court to expand the settled doctrine of condonation to cover coterminous appointive officials who
were administratively charged along with the reelected official/appointing authority with infractions allegedly committed
during their preceding term.
The Court rejects petitioners thesis.
More than 60 years ago, the Court in Pascual v. Hon. Provincial Board of Nueva Ecija issued the landmark ruling that
prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of
office. The Court explained that [t]he underlying theory is that each term is separate from other terms, and that
the reelection to office operates as a condonation of the officers previous misconduct to the extent of cutting off the right
to remove him therefor.
The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be
to deprive the people of their right to elect their officers. When the people elect[e]d a man to office, it must be assumed
that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if
he had been guilty of any. It is not for the court, by reason of such faults or misconduct[,] to practically overrule the will
of the people. (underscoring supplied)
Lizares v. Hechanova, et al. replicated the doctrine. The Court dismissed the petition in that case for being moot, the
therein petitioner having been duly reelected, is no longer amenable to administrative sanctions.
Ingco v. Sanchez, et al. clarified that the condonation doctrine does not apply to a criminal case. Luciano v. The Provincial
Governor, et al., Olivarez v. Judge Villaluz, and Aguinaldo v. Santos echoed the qualified rule that reelection of a public
official does not bar prosecution for crimes committed by him prior thereto.
Consistently, the Court has reiterated the doctrine in a string of recent jurisprudence including two cases involving a
Senator and a Member of the House of Representatives.
Salalima v. Guingona, Jr. and Mayor Garcia v. Hon. Mojica reinforced the doctrine. The condonation rule was applied even
if the administrative complaint was not filed before the reelection of the public official, and even if the alleged misconduct
occurred four days before the elections, respectively. Salalimadid not distinguish as to the date of filing of the
administrative complaint, as long as the alleged misconduct was committed during the prior term, the precise timing or
period of which Garcia did not further distinguish, as long as the wrongdoing that gave rise to the public officials
culpability was committed prior to the date of reelection.
Petitioners theory is not novel.
A parallel question was involved in Civil Service Commission v. Sojor where the Court found no basis to broaden the scope
of the doctrine of condonation.
Contrary to petitioners asseveration, the non-application of the condonation doctrine to appointive officials does not
violate the right to equal protection of the law.
In the recent case of Quinto v. Commission on Elections, the Court applied the four-fold test in an equal protection
challenge against the resign-to-run provision, wherein it discussed the material and substantive distinctions between
elective and appointive officials that could well apply to the doctrine of condonation.
The electorates condonation of the previous administrative infractions of the reelected official cannot be extended to that
of the reappointed coterminous employees, the underlying basis of the rule being to uphold the will of the people
expressed through the ballot. In other words, there is neither subversion of the sovereign will nor disenfranchisement of
the electorate to speak of, in the case of reappointed coterminous employees.
It is the will of the populace, not the whim of one person who happens to be the appointing authority, that could extinguish
an administrative liability. Since petitioners hold appointive positions, they cannot claim the mandate of the electorate.
The people cannot be charged with the presumption of full knowledge of the life and character of each and every probable
appointee of the elective official ahead of the latters actual reelection.
Moreover, the unwarranted expansion of the Pascual doctrine would set a dangerous precedent as it would, as respondents
posit, provide civil servants, particularly local government employees, with blanket immunity from administrative liability
that would spawn and breed abuse in the bureaucracy. Atty. Vicente E. Salumbides, Jr., et al. vs. Office of the
Ombudsman, et al., G.R. No. 180917, April 23, 2010.
Public office; public trust.
Unlike private offices which are held largely on the dictates of market forces, public offices are public trust. Public officers
are tasked to serve the public interest, thus the excessive burden for their retention in the form of numerous prohibitions.
The liberal evidentiary standard of substantial evidence and the freedom of administrative proceedings from technical
niceties effectuate the fiduciary nature of public office: they are procedural mechanisms assuring ease in maintaining an
efficient bureaucracy, free of rent-seeking officials who exploit government processes to raise easy money. Respondents
hold on his item at the Mandaue City revenue office, which, like our customs offices, is a common situs for corrupt
activities, is no more lasting than his fidelity to his trust. Although no criminal verdict deprives respondent of his liberty,
adequate evidence justifies his removal from the bureaucracy for forfeiting the public trust. Hon. Primo C. Miro, etc.
vs. Reynaldo M. Dosono, G.R. No. 170697, April 30, 2010.
unconstitutional. The Court can pass upon the validity of such law even if the province it created has begun its
existence. Rodolfo G. Navarro, et al. vs. Executive Secretary Eduardo Ermita, et al., G.R. No. 180050, May 12, 2010.
Right to information; duty to disclose.
Comelec has the duty and can be compelled to explain fully its preparations for the May 10, 2010 elections under Section 7
of Article III of the Constitution on the peoples right to information and Section 28 of Article II on the States
corresponding duty of full public disclosure of all transactions involving public interest. Any citizen can file a petition for
mandamus if the same is anchored on the peoples right to information. Teofisto Guingona, Jr. et al. vs. Commission on
Elections, G.R. No. 191846, May 6, 2010.
measure was made in order to ensure that there are enough agricultural lands in which rice cultivation and production may
be carried into. Chamber of Real Estate and Builders Associations, Inc. vs. The Secretary of Agrarian Reform, G.R. No.
183409, June 18, 2010.
Jurisdiction over election cases; administrative regulation; substitution of party-list nominees.
The Supreme Court has jurisdiction over a controversy in which the petitioner is seeking to be seated as the second
nominee of a party-list group on the basis that the COMELEC committed grave abuse of discretion amounting to lack or
excess of jurisdiction when it issued a resolution approving that groups withdrawal of his nomination and substitution by
another nominee. Such controversy is neither an election protest nor an action for quo warranto, both of which are within
the jurisdiction of the House of Representatives Electoral Tribunal. Petitioner correctly brought before the Supreme Court
this special civil action for certiorari under Section 7 of Article IX-A of the 1987 Constitution, notwithstanding the
proclamation of, and assumption of office by, the substitute nominee.
The COMELEC exceeded its authority when it issued an implementing regulation allowing a party-list nominee to be
substituted when his nomination is withdrawn by his party, because the statutory provision (Section 8 of the Party-List
System Act) that such regulation seeks to implement provides an exclusive list of instances in which a party-list
organization can substitute its nominees, and the above ground for substitution is not one of those instances. It is basic
that implementing rules and regulations should remain consistent with, and cannot override or modify, the law they intend
to carry out. Luis K. Lokin, Jr. vs. Commission on Elections, et al./Luis K. Lokin, Jr. vs. Commission on Elections, et al.
G.R. Nos. 179431-32/G.R. No. 180443. June 22, 2010.
Party list; Qualifications of party-list nominees.
The provision in Section 9 of Republic Act No. 7941 (The Party-List System Act) that a nominee of the youth sector must
be at least 25 but not more than 30 years of age on the day of the election applies to all youth sector nominees of any
party-list group. Public respondent erroneously interpreted that provision as applying only to those nominated during the
first three congressional terms after the ratification of the 1987 Constitution or until 1998, unless a sectoral party is
thereafter registered exclusively as representing the youth sector.
Section 15 of RA 7941 provides that a nominee of a sectoral party who changes his sectoral affiliation within the same
party is not eligible for nomination under the new sectoral affiliation unless such change occurred at least six months
before the elections. There is no textual support in the law for public respondents argument that Section 15 does not
apply to private respondents shift of affiliation from his partys youth sector to its sector representing overseas Filipino
workers and their families on the basis that there was no resultant change in party affiliation. Section 15 clearly covers
changes in both political party and sectoral affiliation within the same party. Milagros E. Amores vs. House of
Representatives Electoral Tribunal and Emmanuel Joel J. Villanueva. G.R. No. 189600, June 29, 2010.
Philippine Economic Zone Authority; jurisdiction over building and fencing permits.
By specific provision of law, it is the Philippine Economic Zone Authority (PEZA), through its building officials, which has
authority to issue building permits for the construction of structures within the areas owned or administered by it, whether
on public or private lands. Corollary to this, PEZA, through its director general, may require owners of structures built
without said permit to remove such structures within 60 days. Otherwise, PEZA may summarily remove them at the
expense of the owner of the houses, buildings or structures. Considering that, in this case, a fencing permit is issued
complementary to a building permit and that, within its premises, PEZA may properly issue a building permit, it is only
fitting that fencing permits be issued by PEZA within such premises. Philippine Economic Zone Authority vs. Joseph Jude
Carantes, et al., G.R. No. 181274, June 23, 2010.
Philippine Amusement and Gaming Corporation; power to grant casino licenses in economic zones.
The Philippine Amusement and Gaming Corporation (PAGCOR) draws its authority and power to operate, license and
regulate casinos from its charter, Presidential Decree No. 1869, and not from Section 5 of Executive Order No. 80, dated
April 3, 1993 (which extended to the Clark Special Economic Zone (CSEZ) all applicable incentives granted to the Subic
Bay Special Economic Zone), in relation to Section 13 of Republic Act No. 7227, which created the Subic Bay Metropolitan
Authority and empowered it to license tourism related activities except casinos which shall continue to be licensed by
PAGCOR. Thus, PAGCOR did not lose its power to license and regulate casinos when the Supreme Court nullified Section 5
of EO 80. It incorrectly argued that such nullification automatically invalidated its memorandum of agreement with
respondent for the operation of a casino inside the CSEZ. It cannot therefore, on the basis of that position, revoke such
memorandum of agreement and replace it with its new Standard Authority to Operate. Philippine Amusement and Gaming
Corporation vs. Fontana Development Corporation, G.R. No. 187972, June 29, 2010.
Presidential Commission on Good Government; power to grant immunity.
The scope of immunity that the Presidential Commission on Good Government (PCGG) may offer to witnesses under
Section 5 of Executive Order No. 14 may vary. It has discretion to grant appropriate levels of criminal immunity depending
on the situation of the witness and his relative importance to the prosecution of ill-gotten wealth cases. It can even agree
to conditions expressed by the witness as sufficient to induce cooperation. In petitioners case, respondent Republic of the
Philippines, acting through the PCGG, offered him not only criminal and civil immunity but also immunity against being
compelled to testify in any domestic or foreign proceeding, other than the civil and arbitration cases identified in the
Immunity Agreement, just so he would agree to testify. Trusting in the Governments honesty and fidelity, petitioner
agreed and fulfilled his part of the bargain. Surely, the principle of fair play, which is the essence of due process, should
hold the Republic on to its promise. The immunity from criminal or civil prosecution that Section 5 of EO 14 authorizes
covers immunity from giving evidence in a case before a court of law, because in reality the guarantee given to a witness
against being compelled to testify constitutes a grant of immunity from civil or criminal prosecution. Jesus P. Disini vs.
The Honorable Sandiganbayan, et al., G.R. No. 180564, June 22, 2010.
Standing to sue.
Petitioners citizenship and taxpayer status do not automatically clothe him with standing to bring suit. The Supreme Court
will grant access to citizens suits on the narrowest of ground: when they raise issues of transcendental importance calling
for urgent resolution. Three factors are relevant in the Courts determination to allow third party suits so it can resolve the
merits of the crucial issues raised the character of funds or assets involved in the controversy; a clear disregard of
constitutional or statutory prohibition; and the lack of any other party with a more direct and specific interest to bring the
suit. Petitioners suspension from the practice of law bars him from performing any activity, in or out of court, which
requires the application of law, legal procedure, knowledge, training and experience. Preparing a petition raising carefully
crafted arguments on equal protection grounds and employing highly legalistic rules of statutory construction falls within
the proscribed conduct. Allan F. Paguia vs. Office of the President, et al., G.R. No. 176278, June 25, 2010.
Warrantless search; arrest without warrant.
The search of a moving vehicle is one of the doctrinally accepted exceptions to the Constitutional mandate that no search
or seizure shall be made except by virtue of a warrant issued by a judge after personally determining the existence of
probable cause. In the instances the Supreme Court has recognized as exceptions to the requirement of a judicial
warrant, it is necessary that the officer effecting the seizure must have been impelled to do so because of probable cause.
The essential requisite of probable cause must be satisfied before a warrantless search can be lawfully conducted. The
vehicle that carried the contraband or prohibited drugs was about to leave. The searching officer had to make a quick
decision and act fast. It would be unreasonable to require him to procure a warrant before conducting the search under
the circumstances. He only had enough time to board the vehicle before the same left for its destination. Given the
above, and the fact that the officer had probable cause to search the packages allegedly containing illegal drugs, the
search in this case was valid. A search substantially contemporaneous with an arrest can precede the arrest if the police
has probable cause to make the arrest at the outset of the search. Given that the search was valid, appellants arrest
based on that search was also valid. People of the Philippines vs. Belen Mariacos, G.R. No. 188611, June 16, 2010.
the legal standards by which the COMELEC must act on a petition to deny due course or to cancel a certificate of
candidacy. Thus, in considering the residency of a candidate as stated in the certificate of candidacy, the COMELEC must
determine whether or not the candidate deliberately attempted to mislead, misinform or hide a fact about his or her
residency that would otherwise render him or her ineligible for the position sought. The COMELEC gravely abused its
discretion in this case when, in considering the residency issue, it based its decision solely on very personal and subjective
assessment standards, such as the nature or design and furnishings of the dwelling place in relation to the stature of the
candidate. Abraham Kahlil B. Mitra vs. Commission on Elections, et al. G.R. No. 191938, July 2, 2010.
Citizenship; election and constructive registration.
The statutory formalities of electing Philippine citizenship are the following: (1) a statement of election under oath; (2) an
oath of allegiance to the Constitution and Government of the Philippines; and (3) registration of the statement of election
and of the oath with the nearest civil registry. Here, petitioners complied with the first and second requirements upon
reaching the age of majority. However, registration of the documents of election with the civil registry was done belatedly.
Under the facts peculiar to the petitioners, the right to elect Philippine citizenship has not been lost and they should be
allowed to complete the statutory requirements for such election. Their exercise of suffrage, being elected to public office,
continuous and uninterrupted stay in the Philippines, and other similar acts showing exercise of Philippine citizenship do
not on their own take the place of election of citizenship. But where, as here, the election of citizenship has in fact been
done and documented within the constitutional and statutory timeframe, registration of the documents of election beyond
the timeframe should be allowed if in the meanwhile positive acts of citizenship have been done publicly, consistently and
continuously. These acts constitute constructive registration. In other words, the actual exercise of Philippine citizenship
for over half a century by the petitioners is actual notice to the Philippine public, which is equivalent to formal registration
of the election of Philippine citizenship. It is not the registration of the act of election, although a valid requirement under
Commonwealth Act No. 625, that will confer Philippine citizenship on the petitioners. It is only a means of confirming the
fact that citizenship has been claimed. Having a Filipino mother is permanent. It is the basis of the right of the petitioners
to elect Philippine citizenship. Petitioners elected Philippine citizenship in form and substance. The failure to register the
election in the civil registry should not defeat that election and negate the permanent fact that petitioners have a Filipino
mother. The lacking requirements may still be complied with subject to the imposition of appropriate administrative
penalties, if any. The documents petitioners submitted supporting their allegations that they have registered with the civil
registry, although belatedly, should be examined for validation purposes by the appropriate agency, in this case the Bureau
of Immigration. Other requirements embodied in the administrative orders and other issuances of the Bureau of
Immigration and the Department of Justice must be complied with within a reasonable time. Balgamelo Cabiling Ma, et al.
vs. Commissioner Alipio F. Fernandez, Jr., et al. G.R. No. 183133, July 26, 2010.
Double jeopardy; elements.
Following are the elements of double jeopardy: (1) the complaint or information was sufficient in form and substance to
sustain a conviction; (2) the court had jurisdiction; (3) the accused had been arraigned and had pleaded; and (4) the
accused was convicted or acquitted, or the case was dismissed without his express consent. These elements are present
in this case. The information filed in each of the criminal cases against respondent was sufficient in form and substance to
sustain a conviction. The regional trial court had jurisdiction over these cases. The respondent was arraigned and entered
a plea of not guilty. The court dismissed both cases on a demurrer to evidence on the ground of insufficiency of evidence,
which amounts to an acquittal from which no appeal can be had as that would place respondent in double jeopardy.
People of the Philippines vs. Dante Tan. G.R. No. 167526, July 26, 2010.
Double jeopardy; exceptions.
The rule on double jeopardy is not without exceptions. Double jeopardy will not attach when the trial court acted with
grave abuse of discretion, or when the prosecution was denied due process. Here, the prosecution was given more than
ample opportunity to present its case. No grave abuse of discretion can be attributed to the trial court simply because it
chose not to hold in abeyance the resolution of the demurrer to evidence filed by the accused. While it would have been
ideal for the trial court to hold in abeyance the resolution of the demurrer to evidence, nowhere in the rules is it mandated
to do so. Furthermore, even if the Supreme Court were to consider the same as an error on the part of the trial court, the
same would merely constitute an error of procedure or of judgment and not an error of jurisdiction. Errors or
irregularities, which do not render the proceedings a nullity, will not defeat a plea of double jeopardy. People of the
Philippines vs. Dante Tan. G.R. No. 167526, July 26, 2010.
Due process; administrative proceedings.
Due process, as a constitutional precept, does not always, and in all situations, require a trial-type proceeding. Litigants
may be heard through pleadings, written explanations, position papers, memoranda or oral arguments. The standard of
due process that must be met in administrative tribunals allows a certain degree of latitude as long as fairness is not
ignored. It is, therefore, not legally objectionable for violating due process for an administrative agency to resolve a case
based solely on position papers, affidavits or documentary evidence submitted by the parties. Even if no formal hearing
took place, it is not sufficient ground for petitioner to claim that due process was not afforded it. In this case, petitioner
was given all the opportunity to prove and establish its claim that the properties were excluded from the coverage of the
Comprehensive Agrarian Reform Program. Petitioner actively participated in the proceedings by submitting various
pleadings and documentary evidence. It filed motions for reconsideration of every unfavorable outcome in all tiers of the
administrative and judicial processes. The essence of due process is simply an opportunity to be heard, or, as applied to
administrative proceedings, an opportunity to explain ones side or an opportunity to seek for a reconsideration of the
action or ruling complained of. Any seeming defect in its observance is cured by the filing of a motion for reconsideration.
Denial of due process cannot be successfully invoked by a party who has had the opportunity to be heard on his motion for
reconsideration. A.Z. Arnaiz Realty, Inc. vs. Office of the President. G.R. No. 170623, July 7, 2010.
Exhaustion of administrative remedies.
The doctrine of exhaustion of administrative remedies requires that where a remedy before an administrative agency is
provided, the administrative agency concerned must be given the opportunity to decide a matter within its jurisdiction
before an action is brought before the courts. Failure to exhaust administrative remedies is a ground for dismissal of the
action. In this case, however, the doctrine does not apply because petitioners failed to demonstrate that recourse to the
Commission on Higher Education is mandatory or even possible in an action such as that brought by the respondent,
which is essentially one for mandamus and damages. The doctrine admits of numerous exceptions, one of which is where
the issues are purely legal and well within the jurisdiction of the trial court, as in the present case. Petitioners liability, if
any, for damages will have to be decided by the courts, since any judgment inevitably calls for the application and the
interpretation of the Civil Code. As such, exhaustion of administrative remedies may be dispensed with. University of
Santo Tomas, et al. vs. Danes B. Sanchez. G.R. No. 165569. July 29, 2010.
Freedom of speech.
Government workers, whatever their rank, have as much right as any person in the land to voice out their protests against
what they believe to be a violation of their rights and interests. Civil Service does not deprive them of their freedom of
expression. It would be unfair to hold that by joining the government service, the members thereof have renounced or
waived this basic liberty. This freedom can be reasonably regulated only but can never be taken away. Thus, Section 5 of
Civil Service Commission Resolution No. 02-1316, which regulates the political rights of those in the government service,
provides that the concerted activity or mass action proscribed must be coupled with the intent of effecting work stoppage
or service disruption in order to realize their demands of force concession. Such limitation or qualification in the above
rule is intended to temper and focus the application of the prohibition, as not all collective activity or mass undertaking of
government employees is prohibited. Otherwise, government employees would be deprived of their constitutional right to
freedom of expression. Respondents act of wearing similarly colored shirts, attending a public hearing for just over an
hour at the office of the GSIS Investigation Unit, bringing with them recording gadgets, clenching their fists, and some
even badmouthing the GSIS guards and GSIS President and General Manager Winston F. Garcia, are not constitutive of an
(i) intent to effect work stoppage or service disruption and (ii) for the purpose of realizing their demands of force
concession. These actuations did not amount to a prohibited concerted activity or mass action. Government Service
Insurance System and Winston F. Garcia vs. Dinnah Villaviza, et al. G.R. No. 180291, July 27, 2010.
Government agencies; reorganization.
Reorganization in a government agency is valid provided that it is done in good faith. As a general rule, the test of good
faith is whether or not the purpose of the reorganization is for economy or to make the bureaucracy more efficient.
Removal from office as a result of reorganization must pass the test of good faith. A demotion in office, i.e., the
movement from one position to another involving the issuance of an appointment with diminution in duties,
responsibilities, status or rank, which may or may not involve a reduction in salary, is tantamount to removal, if no cause
is shown for it. Consequently, before a demotion may be effected pursuant to reorganization, the observance of the rules
on bona fide abolition of public office is essential. There was no demotion in this case because petitioner was appointed to
a position comparable to her former position. In fact, her new position entailed an increase in her salary grade from 20 to
24. There is, thus, no evidence to suggest that the Development Bank of the Philippines acted in bad faith. Virginia D.
Bautista vs. Civil Service Commission and Development Bank of the Philippines. G.R. No. 185215, July 22, 2010.
Government contracts; perfection.
Contracts to which the government is a party are generally subject to the same laws and regulations that govern the
validity and sufficiency of contracts between private individuals. A government contract, however, is perfected only upon
approval of competent authority, where such approval is required. With respect to contracts of government-owned and
controlled corporations, the provisions of existing laws are clear in requiring the governing boards approval thereof. For
the Philippine Ports Authority (PPA), its charter (Presidential Decree 857) vests the general manager with power to sign
contracts and to perform such other duties as the Board of Directors may assign. Therefore, unless the Board validly
authorizes the general manager, the latter cannot bind PPA to a contract. The authority of government officials to
represent the government in any contract must proceed from an express provision of law or valid delegation of authority.
Without such actual authority being possessed by PPAs general manager, there could be no real consent, much less a
perfected contract, to speak of. A notice of award signed by the general manager does not embody a perfected contract
without the PPA Boards prior approval of the contract. Sargasso Construction & Development Corporation, et al. vs.
Philippine Ports Authority. G.R. No. 170530, July 5, 2010.
Local governments; authority of local chief executive.
Under Section 444(b)(1)(iv) of the Local Government Code, a municipal mayor is required to secure the prior authorization
of the Sangguniang Bayan (municipal council) before entering into a contract on behalf of the municipality. In this case,
the Sangguniang Bayan of Tiwi unanimously passed Resolution No. 15-92 authorizing the Mayor to hire a lawyer of her
choice to represent the interest of Tiwi in the execution of this Courts Decision in another case. Such authority necessarily
carried with it the power to negotiate, execute and sign on behalf of Tiwi the Contract of Legal Services. That the
authorization did not set the terms and conditions of the compensation of the lawyer signifies that the council empowered
the Mayor to reach a mutually agreeable arrangement with the lawyer of her choice subject to the general limitation that
the contractual stipulations should not be contrary to law, morals, good customs, public order or public policy, and,
considering that this is a contract of legal services, to the added restriction that the agreed attorneys fees must not be
unreasonable and unconscionable. On its face, and there is no allegation to the contrary, the prior authorization given
under Resolution No. 15-92 appears to have been given by the council in good faith in order to expeditiously safeguard the
rights of Tiwi. Thus, there is nothing objectionable to this manner of prior authorization, and the Mayor was sufficiently
authorized to enter into said Contract of Legal Services. Such contract need not be ratified first by the Sangguniang Bayan
to be enforceable against Tiwi. The law speaks of prior authorization and not ratification with respect to the power of the
local chief executive to enter into a contract on behalf of the local government unit. That authority was granted by the
Sangguniang Bayan to the Mayor under Resolution No. 15-92. Municipality of Tiwi, represented by Hon. Mayor Jiame C.
Villanueva and Sangguniang Bayan of Tiwi Vs. Antonio B. Betito, G.R. No. 171873, July 9, 2010.
Municipal ordinance; deed of restrictions.
While a zoning ordinance can override the deed of restrictions on the use of a property on the basis of the municipalitys
exercise of police power, the Court will reconcile seemingly opposing provisions in the deed of restrictions and the zoning
ordinance rather than nullify one or the other, particularly where, as here, the continued enforcement of the deed of
restrictions is reasonable and the municipality was not asserting any interest or zoning purpose contrary to the interest of
the subdivision developer that is seeking to enforce the deed of restrictions. The Learning Child, Inc., et al. vs. Ayala
Alabang Village Association, et al./Jose Marie V. Aquino, minor and represented by his parents Dr. Errol Aquino and Atty.
Marilyn Aquino, et al. vs. Ayala Alabang Village Association, et al./Ayala Alabang Village Association, et al. vs. Municipality
of Muntinlupa, et al. G.R. No. 134269/G.R. No. 134440/G.R. No. 144518, July 7, 2010.
Ombudsman; jurisdiction.
The primary jurisdiction of the Ombudsman to investigate any act or omission of a public officer or employee applies only
in cases cognizable by the Sandiganbayan. In cases cognizable by regular courts, the Ombudsman has concurrent
jurisdiction with other investigative agencies of government. Republic Act No. 8249 (Act Further Defining the Jurisdiction
of the Sandiganbayan) limits the cases that are cognizable by the Sandiganbayan to public officials occupying positions
corresponding to salary grade 27 and higher. The Sandiganbayan has no jurisdiction over private respondent who, as
punong barangay, is occupying a position corresponding to salary grade 14. Under the Local Government Code, the
sangguniang bayan has disciplinary authority over any elective barangay official. Clearly, therefore, the Ombudsman has
concurrent jurisdiction with the sangguniang bayan over administrative cases against elective barangay officials occupying
positions below salary grade 27, such as private respondent in this case. In administrative cases involving the concurrent
jurisdiction of two or more disciplining authorities, the body in which the complaint is filed first, and which opts to take
cognizance of the case, acquires jurisdiction to the exclusion of other tribunals exercising concurrent jurisdiction. In this
case, since the complaint was filed first in the Ombudsman, and the Ombudsman opted to assume jurisdiction over the
complaint, the Ombudsmans exercise of jurisdiction is to the exclusion of the sangguniang bayan exercising concurrent
jurisdiction. Jurisdiction is a matter of law. Jurisdiction, once acquired, is not lost upon the instance of the parties but
continues until the case is terminated. When complainants first filed the complaint in the Ombudsman, jurisdiction was
already vested on the latter. Jurisdiction could no longer be transferred to the sangguniang bayan by virtue of a
subsequent complaint filed by the same complainants. As a final note, under Section 60 of the Local Government Code,
the sangguniang bayan has no power to remove an elective barangay official. Apart from the Ombudsman, only a proper
court may do so. Unlike the sangguniang bayan, the Ombudsmans powers are not merely recommendatory. The
Ombudsman is clothed with authority to directly remove an erring public official other than officials who may be removed
only by impeachment. Office of the Ombudsman vs. Rolson Rodriquez. G.R. No. 172700, July 23, 2010.
Primary jurisdiction; Commission on Higher Education.
The rule on primary jurisdiction applies only where the administrative agency exercises quasi-judicial or adjudicatory
functions. Petitioners have not shown that the Commission on Higher Education (CHED) has power to investigate facts or
ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions. Section 8 of Republic Act No. 7722
(the Higher Education Act of 1994), which enumerates the powers and functions of CHED) does not contain any express
grant to CHED of judicial or quasi-judicial power. In any event, CHED has no authority to adjudicate an action for
damages. University of Santo Tomas, et al. vs. Danes B. Sanchez. G.R. No. 165569. July 29, 2010.
Public lands; registration.
All lands not appearing to be clearly of private dominion presumptively belong to the State. Public lands not shown to
have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of
the inalienable public domain. The onus to overturn, by incontrovertible evidence, the presumption that the land subject
of an application for registration is alienable or disposable rests with the applicant. A notation on the advanced survey
plan stating in effect that the subject property is alienable and disposable is not sufficient to establish the actual legal
classification of the disputed lot. It is not the kind of evidence required by law to establish that the land is alienable and
disposable. The approved survey plan merely identifies the property preparatory to a judicial proceeding for adjudication
of title. Republic of the Philippines vs. Domingo Espinosa. G.R. No. 176885, July 5, 2010.
Public officers; demotion.
There is demotion when an employee is appointed to a position resulting in diminution of duties, responsibilities, status or
rank, which may or may not involve a reduction in salary. Where an employee is appointed to a position with the same
duties and responsibilities but with rank and salary higher than those enjoyed in his previous position, there is no
demotion and the appointment is valid. In this case, the appointment of petitioner to Bank Executive Officer II did not
constitute a demotion. Her duties and responsibilities as Account Officer (her previous position) and as BEO II are
practically the same. Rather than lowering her rank and salary, petitioners appointment as BEO II had, in fact, resulted in
an increase thereof from salary grade 20 to 24. Further, her appointment to BEO II was done in good faith and pursuant
to a valid reorganization. Virginia D. Bautista vs. Civil Service Commission and Development Bank of the Philippines. G.R.
No. 185215, July 22, 2010.
Review of COMELEC Decision.
In light of the Supreme Courts limited authority to review findings of fact, it does not ordinarily review in a certiorari case
the COMELECs appreciation and evaluation of evidence. Findings of fact of the COMELEC, supported by substantial
evidence, are final and non-reviewable. Any misstep by the COMELEC in this regard generally involves an error of
judgment, not of jurisdiction. In exceptional cases, however, when the COMELECs action on the appreciation and
evaluation of evidence oversteps the limits of its discretion to the point of being grossly unreasonable, the Supreme Court
is not only obliged, but has the constitutional duty to intervene. When grave abuse of discretion is present, resulting
errors arising from the grave abuse mutate from error of judgment to one of jurisdiction. Abraham Kahlil B. Mitra vs.
Commission on Elections, et al. G.R. No. 191938, July 2, 2010.
Right to information.
Like all constitutional guarantees, the right to information is not absolute. The peoples right to information is limited to
matters of public concern, and is further subject to such limitations as may be provided by law. Similarly, the States
policy of full disclosure is limited to transactions involving public interest, and is subject to reasonable conditions
prescribed by law. National board examinations, such as the certified public accountant board examinations, are matters
of public concern. The populace in general, and the examinees in particular, would understandably be interested in the fair
and competent administration of these examinations in order to ensure that only those qualified are admitted into the
accounting profession. And as with all matters pedagogical, these examinations could be not merely quantitative means of
assessment, but also means to further improve the teaching and learning of the art and science of accounting. On the
other hand, there may be valid reasons to limit access to the examination papers in order to properly administer the tests.
More than the mere convenience of the examiner, it may well be that there exist inherent difficulties in the preparation,
generation, encoding, administration, and checking of the multiple choice examinations that require that the questions and
answers remain confidential for a limited duration. However, the Professional Regulation Commission is not a party to the
proceedings. It has not been given an opportunity to explain the reasons behind the regulations or articulate the
justification for keeping the examination documents confidential. In view of the far-reaching implications of the cases,
which may impact on every board examination administered by the Professional Regulation Commission, and in order that
all relevant issues may be ventilated, the Court remanded the cases to the Regional Trial Court for further proceedings.
Hazel Ma. C. Antolin vs. Abelardo R. Domondon, et al./Hazel Ma. C. Antolin vs. Antonieta Fortuna-Ibe. G.R. No.
165036/G.R. No. 175705, July 5, 2010.
Sanggunian resolution; validity.
A municipal resolution correcting an alleged typographical error in a zoning ordinance does not have to comply with the
requirements of notice and hearing, which are required for the validity and effectiveness of zoning ordinances. The
Learning Child, Inc., et al. vs. Ayala Alabang Village Association, et al./Jose Marie V. Aquino, minor and represented by his
parents Dr. Errol Aquino and Atty. Marilyn Aquino, et al. vs. Ayala Alabang Village Association, et al./Ayala Alabang Village
Association, et al. vs. Municipality of Muntinlupa, et al. G.R. No. 134269/G.R. No. 134440/G.R. No. 144518, July 7, 2010.
Standing to sue.
Legal standing refers to a partys personal and substantial interest in a case, arising from the direct injury it has sustained
or will sustain as a result of the challenged governmental action. Legal standing calls for more than just a generalized
grievance. The term interest means a material interest, an interest in issue affected by the governmental action, as
distinguished from mere interest in the question involved, or a mere incidental interest. Unless a persons constitutional
rights are adversely affected by a statute or governmental action, he has no legal standing to challenge the same. In this
case, petitioner challenges the constitutionality of Section 2.6 of the Distribution Services and Open Access Rules (DSOAR)
of the Energy Regulatory Commission, which obligates residential end-users to advance the cost of extending power
distribution lines and installing additional facilities. However, petitioners members consist of developers, brokers,
appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the
housing and real estate business. It does not question the challenged DSOAR provision as a residential end-user, and it
cannot do so because the challenged provision refers only to the rights and obligations of distribution utilities and
residential end-users; neither the petitioner nor its members are residential end-users. Thus, neither the petitioner nor its
members can claim any injury, as residential end-users, arising from Section 2.6 of the DSOAR; neither can they cite any
benefit accruing to them as residential end-users that would result from the invalidation of the assailed provision. Chamber
of Real Estate and Builders Association, Inc. Vs. Energy Regulatory Commission, et al. G.R. No. 174697, July 8, 2010.
Waiver of locus standi rule.
The Court can waive the procedural rule on standing in cases that raise issues of transcendental importance. Following are
the guidelines in determining whether or not a matter is of transcendental importance: (1) the character of the funds or
other assets involved in the case; (2) the presence of a clear case of disregard of a constitutional or statutory prohibition
by the public respondent agency or instrumentality of the government; and (3) the lack of any other party with a more
direct and specific interest in the questions being raised. In this case, the three determinants are absent. Public funds are
not involved. The allegations of constitutional and statutory violations of the public respondent agency are
unsubstantiated by facts and are mere challenges on the wisdom of the rules. Parties with a more direct and specific
interest in the questions being raised the residential end-users undoubtedly exist and are not included as parties to the
petition. Chamber of Real Estate and Builders Association, Inc. Vs. Energy Regulatory Commission, et al. G.R. No.
174697, July 8, 2010.
Section 8, Article IX-B of the Constitution provides that no elective or appointive public officer or employee shall receive
additional, double or indirect compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present emolument, office or title of any kind from any foreign government. Pensions and gratuities shall
not be considered as additional, double or indirect compensation. This provision, however, does not apply to the present
case as there was no double compensation to the petitioners. The questioned resolutions of the Monetary Board are valid
corporate acts of petitioners that became the bases for granting them additional monthly representation and transportation
allowance (RATA), as members of the Board of Directors of Philippine International Convention Center Inc. (PICCI), a
government corporation whose sole stockholder is the Bangko Sentral ng Pilipinas (BSP). RATA is distinct from salary as a
form of compensation. Unlike salary which is paid for services rendered, RATA is a form of allowance intended to defray
expenses deemed unavoidable in the discharge of office. Hence, RATA is paid only to certain officials who, by the nature of
their offices, incur representation and transportation expenses. Indeed, aside from the RATA that they have been
receiving from the BSP, the grant of RATA to each of the petitioners for every board meeting they attended, in their
capacity as members of the Board of Directors of PICCI, in addition to their per diem, does not violate the constitutional
proscription against double compensation. Gabriel C. Singson, et al. vs. Commission on Audit, G.R. No. 159355, August 9,
2010.
Eminent domain; voluntary agreement by landowner.
Where the landowner agrees voluntarily to the taking of his property by the government for public use, he thereby waives
his right to the institution of a formal expropriation proceeding covering such property. Failure for a long time of the owner
to question the lack of expropriation proceedings covering a property that the government had taken constitutes a waiver
of his right to gain back possession. The landowners remedy in such case is an action for the payment of just
compensation, not ejectment. Here, the Court of Appeals erred in ordering the eviction of petitioner from the property that
it has held as government school site for more than 50 years. The evidence on record shows that the respondents
intended to cede the property to the City Government of Lipa permanently. In fact, they allowed the city to declare the
property in its name for tax purposes. And when they sought to have the bigger lot subdivided, the respondents
earmarked a specific portion for the City Government of Lipa. Under the circumstances, it may be assumed that the
respondents had agreed to transfer ownership of the land to the government, whether to the City Government of Lipa or to
the Republic of the Philippines, but the parties never formalized and documented such transfer. Consequently, petitioner
should be deemed entitled to possession pending the respondents formal transfer of ownership to it upon payment of just
compensation. Republic of the Philippines vs. Primo Mendoza and Maria Lucero, G.R. No. 185091, August 8, 2010.
Equal protection clause.
There is no substantial distinction between municipalities with pending cityhood bills in Congress and municipalities that
did not have similar pending bills for purposes of the income requirement for converting a municipality into a city under
Republic Act No. 9009. The pendency of such a bill does not affect or determine the level of income of a
municipality. Municipalities with pending cityhood bills in Congress might even have lower annual income than
municipalities that did not have pending cityhood bills. Thus, the classification criterion mere pendency of a cityhood bill
in Congress is not rationally related to the purpose of RA 9009, which is to prevent fiscally non-viable municipalities from
converting into cities. Moreover, the fact of pendency of a cityhood bill in Congress limits the exemption (from the income
requirement) to a specific condition existing at the time of passage of RA 9009. That specific condition will never happen
again. This violates the requirement that a valid classification must not be limited to existing conditions only. Also, the
exemption provision in the Cityhood Laws gives the 16 respondent municipalities a unique advantage based on an arbitrary
date the filing of their cityhood bills before the end of the 11 th Congress as against all other municipalities that may
want to convert into cities after the effectiveness of RA 9009. Lastly, limiting the exemption only to the 16 municipalities
violates the Constitutional requirement that the classification must apply to all those who are similarly situated.
Municipalities with the same income as the 16 respondent municipalities cannot convert into cities, while those 16
municipalities can. Clearly, as worded, the exemption found in the Cityhood Laws would be unconstitutional for violation of
the equal protection clause. League of Cities of the Philippines represented by LCP National President Jerry P. Trenas, et al.
vs. Commission on Elections, et al. G.R. No. 176951/G.R. No. 177499/G.R. No. 178056, August 24, 2010.
Judicial review; justiciable controversy; moot case.
Private respondent was not elected President in the May 10, 2010 election. Since the issue on the proper interpretation of
the phrase any reelection in Section 4, Article VII of the Constitution will be premised on a persons second (whether
immediate or not) election as President, there is no case or controversy to be resolved in this case. No live conflict of legal
rights exists. There is in this case no definite, concrete, real or substantial controversy that touches on the legal relations
of parties having adverse legal interests. No specific relief may conclusively be decreed upon by the Court in this case that
will benefit any of the parties. As such, one of the essential requisites for the exercise of the power of judicial review, the
existence of an actual case or controversy, is sorely lacking in this case. As a rule, the Court may only adjudicate actual,
ongoing controversies. It is not empowered to decide moot questions or abstract propositions, or to declare principles or
rules of law which cannot affect the result as to the thing in issue in the case before it. When a case is moot, it becomes
non-justiciable. An action is considered moot when it no longer presents a justiciable controversy because the issues
involved have become academic or dead or when the matter in dispute has already been resolved and hence, one is not
entitled to judicial intervention unless the issue is likely to be raised again between the parties. There is nothing for the
Court to resolve as the determination thereof has been overtaken by subsequent events. Assuming an actual case or
controversy existed prior to the proclamation of a President who has been duly elected in the May 10, 2010 election, the
same is no longer true today. Following the results of that election, private respondent was not elected President for the
second time. Thus, any discussion of his reelection will simply be hypothetical and speculative. It will serve no useful or
practical purpose. Atty. Evillo C. Pormento vs. Joseph Erap Ejercito Estrada and Commission on Elections. G.R. No.
191988. August 31, 2010.
Operative fact doctrine.
Under the operative fact doctrine, the law is recognized as unconstitutional but the effects of the unconstitutional law,
prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. However, in this case, the
minoritys novel theory, invoking the operative fact doctrine, is that the enactment of the Cityhood Laws and the
functioning of the 16 municipalities as new cities with new sets of officials and employees operate to constitutionalize the
unconstitutional Cityhood Laws. This novel theory misapplies the operative fact doctrine and sets a gravely dangerous
precedent. Under the minoritys view, an unconstitutional law, if already implemented prior to its declaration of
unconstitutionality by the Court, can no longer be revoked and its implementation must be continued despite being
unconstitutional. This view will open the floodgates to the wanton enactment of unconstitutional laws and a mad rush for
their immediate implementation before the Court can declare them unconstitutional. This view is an open invitation to
serially violate the Constitution, and be quick about it, lest the violation be stopped by the Court.
The operative fact doctrine is a rule of equity. As such, it must be applied as an exception to the general rule that an
unconstitutional law produces no effects. It can never be invoked to validate as constitutional an unconstitutional act. The
operative fact doctrine never validates or constitutionalizes an unconstitutional law. The unconstitutional law remains
unconstitutional, but its effects, prior to its judicial declaration of nullity, may be left undisturbed as a matter of equity and
fair play. The doctrine affects or modifies only the effects of the unconstitutional law, not the unconstitutional law itself.
Applying the doctrine to this case, the Cityhood Laws remain unconstitutional because they violate Section 10, Article X of
the Constitution. However, the effects of the implementation of the Cityhood Laws prior to the declaration of their nullity,
such as the payment of salaries and supplies by the concerned local government units or their issuance of licenses or
execution of contracts, may be recognized as valid and effective. League of Cities of the Philippines represented by LCP
National President Jerry P. Trenas, et al. vs. Commission on Elections, et al. G.R. No. 176951/G.R. No. 177499/G.R. No.
178056, August 24, 2010.
Search warrant; requirements for validity.
The validity of the issuance of a search warrant rests upon the following factors: (1) it must be issued upon probable
cause; (2) the probable cause must be determined by the judge himself and not by the applicant or any other person; (3)
in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such
witnesses as the latter may produce; and (4) the warrant issued must particularly describe the place to be searched and
persons or things to be seized. On the first requisite, a magistrates determination of probable cause for the issuance of a
search warrant is paid great deference by a reviewing court, as long as there was substantial basis for that
determination. Substantial basis means that the questions of the examining judge brought out such facts and
circumstances as would lead a reasonably discreet and prudent man to believe that an offense has been committed, and
the objects in connection with the offense sought to be seized are in the place sought to be searched. On the last
requirement, a description of the place to be searched is sufficient if the officer serving the warrant can, with reasonable
effort, ascertain and identify the place intended and distinguish it from other places in the community. A designation or
description that points out the place to be searched to the exclusion of all others, and on inquiry unerringly leads the peace
officers to it, satisfies the constitutional requirement of definiteness. People of the Philippines vs. Estela Tuan y Baludda.
G.R. No. 176066, August 11, 2010.
Warrantless arrest.
Appellant was arrested during an entrapment operation where he was caught in flagrante delicto selling shabu. When an
arrest is made during an entrapment operation, it is not required that a warrant be secured in line with Rule 113, Section
5(a) of the Revised Rules of Court, which provides that a peace officer or a private person may, without a warrant, arrest a
person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense. A buy-bust operation is a form of entrapment which in recent years has been accepted as a valid and effective
mode of apprehending drug pushers. If carried out with due regard for constitutional and legal safeguards, a buy-bust
operation, such as the one involving appellant, deserves judicial sanction. Consequently, the warrantless arrest and
warrantless search and seizure conducted on the person of appellant were allowed under the circumstances. The search,
incident to his lawful arrest, needed no warrant to sustain its validity. Thus, there is no doubt that the sachets of shabu
recovered during the legitimate buy-bust operation are admissible and were properly admitted in evidence against him.
People of the Philippines vs. Michael Sembrano y Castro. G.R. No. 185848, August 16, 2010.
Administrative Law
Administrative agencies; findings.
Findings of fact of administrative agencies and quasi-judicial bodies, like the Department of Agrarian Reform Adjudication
Board, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded
respect. In this case, there is no ground to disturb the DARABs findings, which affirmed those of the Provincial Agrarian
Reform Adjudication Board after due hearing and appreciation of the evidence submitted by both parties. Heirs of Jose M.
Cervantes, et al. vs. Jesus G. Miranda. G.R. No. 183352, August 9, 2010.
In administrative cases, the requisite proof is substantial evidence, i.e., the amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion. In this case, substantial evidence consisted of the
uniform findings of the Department of Environment and Natural Resources, the Deputy Ombudsman for Luzon and the
Court of Appeals that petitioner connived with his co-defendants to destroy the improvements introduced by respondent on
the subject property so they could construct their own cottages thereon. Josephil C. Bien vs. Pedro B. Bo, G.R. No.
179333, August 3, 2010.
Public officers; statement of assets and liabilities.
Even an asset that was acquired through chattel mortgage must be declared and included in the Sworn Statement of
Assets and Liabilities (SSAL). The law requires that the SSAL be accomplished truthfully and in detail without distinction as
to how the property was acquired. Respondent, therefore, cannot escape liability by arguing that the ownership of the
vehicle has not yet passed to him on the basis that it was acquired only on installment basis. The requirement to file the
SSAL not later than the first 15 days of April at the close of every calendar year must not be treated as a simple and trivial
routine, but as an obligation that is part and parcel of every civil servants duty to the people. It serves as the basis of the
government and the people in monitoring the income and lifestyle of officials and employees in the government in
compliance with the Constitutional policy to eradicate corruption, promote transparency in government, and ensure that all
government employees and officials lead just and modest lives. It is for this reason that the SSAL must be sworn to and is
made accessible to the public, subject to reasonable administrative regulations. Hon. Waldo Q. Flores, et al. vs. Atty.
Antonio F. Montemayor. G.R. No. 170146, August 25, 2010.
Local Government
Abuse of authority.
Addressing the argument of petitioner, a barangay official, that there was no abuse of authority because the incident
complained of occurred in another barangay over which he has no authority and jurisdiction, the Supreme Court affirmed
the ruling of the Court of Appeals that petitioner is liable for abuse of authority on the basis that he participated in the
unlawful act as a higher authority that gave a semblance of legality over that act and influenced the actions of his codefendants. Here, petitioner was president of the organization of barangay officials in his municipality and sat as ex-officio
member of the Sangguniang Bayan, which has power to review barangay ordinances and authority to discipline barangay
officials. His co-defendants were officials in the barangay where the incident occurred. Josephil C. Bien vs. Pedro B. Bo,
G.R. No. 179333, August 3, 2010.
Creation of local government unit.
The Constitution states that the creation of local government units must follow the criteria established in the Local
Government Code and not in any other law. There is only one Local Government Code. The Constitution requires
Congress to stipulate in the Local Government Code all the criteria necessary for the creation of a city, including the
conversion of a municipality into a city. Congress cannot write such criteria in any other law. The clear intent of the
Constitution is to insure that the creation of cities and other political units must follow the same uniform, nondiscriminatory criteria found solely in the Local Government Code. Any derogation or deviation from the criteria prescribed
in the Local Government Code violates Section 10, Article X of the Constitution.
Republic Act No. 9009 amended Section 450 of the Local Government Code to increase the income requirement
from Php20 million to Php100 million for the creation of a city. This law took effect on 30 June 2001. Hence, from that
moment the Local Government Code required that any municipality desiring to become a city must satisfy the Php100
million income requirement. Section 450 of the Local Government Code, as amended by RA 9009, does not contain any
exemption from this income requirement. In enacting RA 9009, Congress did not grant any exemption to respondent
municipalities, even though their cityhood bills were pending in Congress when Congress passed RA 9009. The laws
converting these municipalities into cities, all enacted after the RA 9009 became effective, explicitly exempt respondent
municipalities from the increased income requirement in Section 450 of the Local Government Code, as amended by RA
9009. Such exemption clearly violates Section 10, Article X of the Constitution and is thus patently unconstitutional. To
be valid, such exemption must be written in the Local Government Code and not in any other law. League of Cities of the
Philippines represented by LCP National President Jerry P. Trenas, et al. vs. Commission on Elections, et al. G.R. No.
176951/G.R. No. 177499/G.R. No. 178056, August 24, 2010.
Special Laws
Constitutional Law
substantive due process of law, the Supreme Court held that the law constituted a valid exercise of police power. The State
had an interest in preventing alien control of the retail trade and R.A. 1180 was reasonably related to that purpose. That
law is not arbitrary. Here, to the extent that RA 8762 lessens the restraint on the foreigners right to property or to
engage in an ordinarily lawful business, it cannot be said that the law amounts to a denial of the Filipinos right to property
and to due process of law. Filipinos continue to have the right to engage in the kinds of retail business to which the law in
question has permitted the entry of foreign investors. Certainly, it is not within the province of the Court to inquire into
the wisdom of RA 8762 save when it blatantly violates the Constitution. But as the Court has said, there is no showing
that the law has contravened any constitutional mandate. The Court is not convinced that the implementation of RA 8762
would eventually lead to alien control of the retail trade business. Petitioners have not mustered any concrete and strong
argument to support its thesis. The law itself has provided strict safeguards on foreign participation in that business.
Representatives Gerardo S. Espina, et al. vs. Hon. Ronaldo Zamora, Jr., et al. G.R. No. 143855, September 21, 2010.
Constitutionality; standing to sue.
The long settled rule is that he who challenges the validity of a law must have a standing to do so. Legal standing or locus
standi refers to the right of a party to come to a court of justice and make such a challenge. More particularly, standing
refers to his personal and substantial interest in that he has suffered or will suffer direct injury as a result of the passage
of that law. The party must show that he has been or is about to be denied some right or privilege to which he is lawfully
entitled or that he is about to be subjected to some burdens or penalties by reason of the law he complains of. In this
case, there is no clear showing that the implementation of the Retail Trade Liberalization Act of 2000 prejudices petitioners
or inflicts damages on them, either as taxpayers or as legislators. Still the Court will resolve the question they raise since
the rule on standing can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers, and legislators when, as
here, the public interest so requires or the matter is of transcendental importance, of overarching significance to society, or
of paramount public interest. Representatives Gerardo S. Espina, et al. vs. Hon. Ronaldo Zamora, Jr., et al. G.R. No.
143855, September 21, 2010.
Custodial investigation refers to the critical pre-trial stage when the investigation is no longer a general inquiry into an
unsolved crime, but has begun to focus on a particular person as a suspect. The police officers here claimed that upon
arresting one of the accused and before questioning him, they informed him of his constitutional rights to remain silent,
that any information he would give could be used against him, and that he had the right to a competent and independent
counsel, preferably of his own choice, and if he cannot afford the services of counsel he will be provided with
one. However, since these rights can only be waived in writing and with the assistance of counsel, there could not have
been such a valid waiver by the accused, who was presented by the police investigators to the lawyer of the IBP Office,
Quezon City Hall, for the taking of his formal statement only the following day and stayed overnight at the police station
before he was brought to said counsel. Thus, the constitutional requirement had not been observed. Settled is the rule
that the moment a police officer tries to elicit admissions or confessions or even plain information from a suspect, the
latter should, at that juncture, be assisted by counsel, unless he waives this right in writing and in the presence of counsel.
However, the Court rejected the appellants contention that the accused was not given a counsel of his own choice, as he
never objected to the IBP lawyer when the latter was presented to him to be his counsel for the taking down of his
statement. The phrase preferably of his own choice does not convey the message that the choice of a lawyer by a
person under investigation is exclusive as to preclude other equally competent and independent attorneys from handling
the defense; otherwise the tempo of custodial investigation would be solely in the hands of the accused who can impede or
obstruct the progress of the interrogation by simply selecting a lawyer who, for one reason or another, is not available to
protect his interest. Thus, while the choice of a lawyer in cases where the person under custodial interrogation cannot
afford the services of counsel or where the preferred lawyer is not available is naturally lodged in the police
investigators, the suspect has the final choice, as he may reject the counsel chosen for him and ask for another one. A
lawyer provided by the investigators is deemed engaged by the accused when he does not raise any objection against the
counsels appointment during the course of the investigation, and the accused thereafter subscribes to the veracity of the
statement before the swearing officer.
The Constitution gives the person under custodial investigation the right to a competent and independent counsel. The
modifier competent and independent is not an empty rhetoric. It stresses the need to accord the accused, under the
uniquely stressful conditions of a custodial investigation, an informed judgment on the choices explained to him by a
diligent and capable lawyer. An effective and vigilant counsel necessarily and logically requires that the lawyer be present
and able to advise and assist his client from the time the confessant answers the first question asked by the investigating
officer until the signing of the extrajudicial confession. Moreover, the lawyer should ascertain that the confession is made
voluntarily and that the person under investigation fully understands the nature and the consequence of his extrajudicial
confession in relation to his constitutional rights. A contrary rule would undoubtedly be antagonistic to the constitutional
rights to remain silent, to counsel and to be presumed innocent. The right to counsel has been written into the Constitution
in order to prevent the use of duress and other undue influence in extracting confessions from a suspect in a crime. The
lawyers role cannot be reduced to being that of a mere witness to the signing of a pre-prepared confession, even if it
indicated compliance with the constitutional rights of the accused. The accused is entitled to effective, vigilant and
independent counsel. Where the prosecution failed to discharge the States burden of proving with clear and convincing
evidence that the accused had enjoyed effective and vigilant counsel before he extrajudicially admitted his guilt, the
extrajudicial confession cannot be given any probative value. Lenido Lumanog, et al. vs. People of the Philippines/Cesar
Fortuna vs. People of the Philippines/People of the Philippines vs. SPO2 Cesar Fortuna y Abudo, et al., G.R. Nos.
182555/G.R. No. 185123/G.R. No. 187745, September 7, 2010.
Immunity from suit.
Petitioner here claimed that it could not be sued pursuant to the doctrine of state immunity without the consent of the
Republic of the Philippines, on the basis that under Service Contract 38, it served merely as an agent of the Philippine
government in the development of the Malampaya gas reserves. The Court ruled that petitioner cannot claim immunity
from suit because it is not an agent of the Republic of the Philippines, but the latters service contractor for the exploration
and development of one of the countrys natural gas reserves. While the Republic of the Philippines appointed petitioner as
the exclusive party to conduct petroleum operations in the Camago-Malampayo area under the States full control and
supervision, it does not follow that petitioner has become the States agent within the meaning of the law. An agent is a
person who binds himself to render some service or to do something in representation or on behalf of another, with the
consent or authority of the latter. The essence of an agency is the agents ability to represent his principal and bring about
business relations between the latter and third persons. An agents ultimate undertaking is to execute juridical acts that
would create, modify or extinguish relations between his principal and third persons. It is this power to affect the
principals contractual relations with third persons that differentiates the agent from a service contractor.
Petitioners main undertaking under Service Contract 38 is to [p]erform all petroleum operations and provide all necessary
technology and finance as well as other connected services to the Philippine government. As defined under the contract,
petroleum operation means the searching for and obtaining Petroleum within the Philippines, including the
transportation, storage, handling and sale of petroleum whether for export or domestic consumption. Petitioners
primary obligation under the contract is not to represent the Philippine government for the purpose of transacting business
with third persons. Rather, its contractual commitment is to develop and manage petroleum operations on behalf of the
State. Consequently, it is not an agent of the Philippine government, but a provider of services, technology and financing
for the Malampaya Natural Gas Project. Notably, the Philippine government itself recognized that petitioner could be sued
in relation to the project. This is evident in the stipulations agreed upon by the parties under Service Contract 38. Shell
Philippines Exploration B. V. vs. Efren Jalos, et al., G.R. No. 179918, September 8, 2010.
Judiciary; seniority in appointment of Court of Appeals justices.
An appointment to a public office is the unequivocal act, of one who has the authority, of designating or selecting an
individual to discharge and perform the duties and functions of an office or trust. Where the power of appointment is
absolute and the appointee has been determined upon, no further consent or approval is necessary and the formal
evidence of the appointment, the commission, may issue at once. The appointment is deemed complete once the last act
required of the appointing authority has been complied with. A written memorial that can render title to public office
indubitable is required. This written memorial is known as the commission. For purposes of completion of the appointment
process, the appointment is complete when the commission is signed by the executive, and sealed if necessary, and is
ready to be delivered or transmitted to the appointee. Thus, transmittal of the commission is an act which is done after the
appointment has already been completed. It is not required to complete the appointment but only to facilitate the
effectiveness of the appointment by the appointees receipt and acceptance thereof.
For purposes of appointments to the judiciary, therefore, the date the commission has been signed by the President (which
is the date appearing on the face of such document) is the date of the appointment. Such date will determine the seniority
of the members of the Court of Appeals in connection with Section 3, Chapter I of BP 129, as amended by RA 8246. In
other words, the earlier the date of the commission of an appointee, the more senior he is over the other subsequent
appointees. It is only when the appointments of two or more appointees bear the same date that the order of issuance of
the appointments by the President becomes material. This provision of statutory law (Section 3, Chapter I of BP 129, as
amended by RA 8246) controls over the provisions of the 2009 Internal Rules of the Court of Appeals, which gives
premium to the order of appointments as transmitted to this Court. Rules implementing a particular law cannot override
but must give way to the law they seek to implement. Re: Seniority among the four most recent appointments to the
position of Associate Justices of the Court of Appeals. A.M. No. 10-4-22-SC, September 28, 2010.
Police power; taxation versus regulation.
In distinguishing tax and regulation as a form of police power, the determining factor is the purpose of the implemented
measure. If the purpose is primarily to raise revenue, then it will be deemed a tax even though the measure results in
some form of regulation. On the other hand, if the purpose is primarily to regulate, then it is deemed a regulation and an
exercise of the police power of the state, even though incidentally, revenue is generated. In this case, the royalty fees
were imposed by the Clark Development Corporation (CDC) primarily for regulatory purposes, and not for the generation
of income or profits as petitioner claims. These fees form part of the regulatory mandate of CDC to ensure free flow or
movement of petroleum fuel to and from the Clark Special Economic Zone (CSEZ). Being the administrator of CSEZ, CDC
is responsible for ensuring the safe, efficient and orderly distribution of fuel products within the CSEZ. Addressing specific
concerns demanded by the nature of goods or products involved is encompassed in the range of services which respondent
CDC is expected to provide under the law, pursuant to its general power of supervision and control over the movement of
all supplies and equipment into the CSEZ. Chevron Philippines, Inc. vs. Bases conversion Development Authority and
Clark Development Corporation. G.R. No. 173863, September 15, 2010.
Right to speedy disposition of cases.
Section 16, Article III of the Constitution provides that all persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies. This protection extends to all citizens and covers the
periods before, during and after trial, affording broader protection than Section 14(2), which guarantees merely the right
to a speedy trial. However, just like the constitutional guarantee of speedy trial, speedy disposition of cases is a
flexible concept. It is consistent with delays and depends upon the circumstances. What the Constitution prohibits are
unreasonable, arbitrary and oppressive delays, which render rights nugatory. The determination of whether the right to
speedy disposition of cases has been violated, particular regard must be taken of the facts and circumstances peculiar to
each case. A mere mathematical reckoning of the time involved would not be sufficient. Under the circumstances of this
case, the Court held that the delay of four years during which the case remained pending with the Court of Appeals and
the Supreme Court was not unreasonable, arbitrary or oppressive. Lenido Lumanog, et al. vs. People of the
Philippines/Cesar Fortuna vs. People of the Philippines/People of the Philippines vs. SPO2 Cesar Fortuna y Abudo, et al.
G.R. Nos. 182555/G.R. No. 185123/G.R. No. 187745, September 7, 2010.
Administrative Law
Election Law
Automated election system; source code.
The pertinent portion of Section 12 of Republic Act No. 9369 is clear in that once an [automated election system]
technology is selected for implementation, the [COMELEC] shall promptly make the source code of that technology
available and open to any interested political party or groups which may conduct their own review thereof. The COMELEC
has offered no reason not to comply with this requirement of the law. Indeed, its only excuse for not disclosing the source
code was that it was not yet available when petitioner asked for it and, subsequently, that the review had to be done,
apparently for security reason, under a controlled environment. The elections had passed and that reason is already stale.
The Court here ruled on the petition notwithstanding the fact that the elections for which the subject source code was to
be used had already been held. It accepted petitioners claim that the source code remained important and relevant not
only for compliance with the law, and the purpose thereof, but especially in the backdrop of numerous admissions of errors
and claims of fraud in the May 2010 elections. Center for People Empowerment in Governance vs. Commission on
Elections, G.R. No. 189546, September 21, 2010.
Local Government
Salary standardization; Presidents power over local governments.
The Court here reversed the ruling of the Commission on Audit (COA), which disallowed the premium payment for
hospitalization and health care insurance benefits granted by petitioner to its officials and employees. COA held that such
benefits disregarded Section 2 of Administrative Order No. 103, series of 1994 (AO 103), which prohibits all heads of
government offices and agencies from granting productivity incentive benefits or any and all similar forms of allowances
and benefits without the Presidents prior approval. The Court ruled that petitioner did not violate the rule of prior
Presidential approval since Section 2 of AO 103 states that the prohibition applies only to government offices/agencies,
including government-owned and/or controlled corporations, as well as their respective governing boards. Nowhere is it
indicated in Section 2 that the prohibition also applies to local government units. The approval requirement must be
observed by government offices under the Presidents control, i.e., departments, bureaus, offices and government-owned
and controlled corporations under the Executive branch. Being an LGU, petitioner is merely under the Presidents general
supervision pursuant to Section 4, Article X of the Constitution.
The Presidents power of general supervision means the power of a superior officer to see to it that subordinates perform
their functions according to law. This is distinguished from the Presidents power of control which is the power to alter or
modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of
the President over that of the subordinate officer. The power of control gives the President the power to revise or reverse
the acts or decisions of a subordinate officer involving the exercise of discretion. Since LGUs are subject only to the power
of general supervision of the President, the Presidents authority is limited to seeing to it that rules are followed and laws
are faithfully executed. The President may only point out that rules have not been followed but the President cannot lay
down the rules, neither does he have the discretion to modify or replace the rules. Thus, the grant of additional
compensation like hospitalization and health care insurance benefits in this case does not need the approval of the
President to be valid. The Province of Negros Occidental vs. The Commissioners, Commission on Audit, et al. G.R. No.
182574, September 28, 2010.
Special Laws
Agrarian reform; just compensation.
The Supreme Court here reiterated its previous rulings that the factors for determining just compensation under Section
17 of Republic Act No. 6657 (the Comprehensive Agrarian Reform Law), which have been translated into a formula through
DAR Administrative Order No. 6, series of 1992, as amended by DAR Administrative Order No. 11, series of 1994, are
mandatory and should be strictly complied with. In this case, Land Banks valuation correctly reflected the actual use and
produce of the subject properties and did not factor in potential use as what respondents appraiser did. (Note that DAR AO
No. 6, as amended by DAR A.O. No. 11, has been superseded by DAR Administrative Order No. 5, series of 1998.) Land
Bank of the Philippines vs. Conrado O. Colarina, G.R. No. 176410, September 1, 2010.
Agrarian reform; just compensation.
For purposes of just compensation, the fair market value of an expropriated property is determined by its character and its
price at the time of taking. There are three important concepts in this definition the character of the property, its price,
and the time of actual taking. The time of taking is the time when the landowner was deprived of the use and benefit of
his property, such as when title is transferred to the Republic.
The propertys character refers to its actual use at the time of taking, not its potential uses. Where, as here, it has been
conclusively decided by final judgment in the earlier cases filed by respondent that his property was validly acquired under
the Comprehensive Agrarian Reform Law (RA 6657) and validly distributed to agrarian reform beneficiaries, the property
should be conclusively treated as an agricultural land and valued as such. The lower courts erred in ruling that the
character or use of the property has changed from agricultural to residential, because there is no allegation or proof that
the property was approved for conversion to other uses by the Department of Agrarian Reform. In the absence of such
approval, it cannot be said that the character or use of the property has changed from agricultural to
residential. Respondents property remains agricultural and should be valued as such. Respondents evidence of the value
of his land as residential property (which the lower courts found to be preponderant) could, at most, refer to the potential
use of the property. While the potential use of an expropriated property is sometimes considered in cases where there is a
great improvement in the general vicinity of the expropriated property, it should never control the determination of just
compensation. The potential use of a property should not be the principal criterion for determining just compensation for
this will be contrary to the well-settled doctrine that the fair market value of an expropriated property is determined by its
character and its price at the time of taking, not its potential uses. The proper approach should have been to value
respondents property as an agricultural land, which value may be adjusted in light of the improvements in the locality
where it is situated.
As to the price, the factors and requirements set out in Section 17 of RA 6657 must be applied. Here, the Land Banks
authority to value the land is only preliminary and the landowner who disagrees with petitioners valuation may bring the
matter to court for a judicial determination of just compensation. The Regional Trial Courts, organized as special agrarian
courts, are the final adjudicators on the issue of just compensation. Land Bank must substantiate its valuation. It is not
enough that the landowner fails to prove a higher valuation for the property; Land Bank must still prove the correctness of
its claims. Land Bank of the Philippines vs. Enrique Livioco, G.R. No. 170685, September 22, 2010.
Agrarian reform; retention rights.
The right of retention, as protected and enshrined in the Constitution, balances the effect of compulsory land acquisition by
granting the landowner the right to choose the area to be retained subject to legislative standards. Thus, landowners who
have not yet exercised their retention rights under Presidential Decree No. 27 are entitled to new retention rights provided
for by Republic Act No. 6657. However, the limitations under Letter of Instruction No. 474 still apply to a landowner who
filed an application for retention under RA 6657. LOI 474 amended PD 27 by removing any right of retention from persons
who own other agricultural lands of more than 7 hectares, or lands used for residential, commercial, industrial or other
purpose from which they derive adequate income to support themselves and their families. Section 9 (d) of DAR
Administrative Order No. 05 is inconsistent with PD No. 27, as amended by LOI 474, insofar as it removed the limitations
to a landowners retention rights. It is well-settled that administrative officials are empowered to promulgate rules and
regulations in order to implement a statute. The power, however, is restricted such that an administrative regulation
cannot go beyond what is provided in the legislative enactment. It must always be in harmony with the provisions of the
law; hence, any resulting discrepancy between the two will always be resolved in favor of the statute. Celestio Santiago
substituted by Lauro Santiago and Isidro Gutierrez substituted by Rogelio Gutierez vs. Amada R. Ortiz-Luis substituted by
Juan Ortiz-Luiz, Jr. G.R. No. 186184 & G.R. No. 186988, September 20, 2010.
Government Procurement Reform Act; jurisdiction; appeal from decisions of bids and awards committee.
Under Republic Act No. 9184, or the Government Procurement Reform Act (GPRA), the proper recourse to a court action
from decisions of the Bids and Awards Committee (BAC) is to file a certiorari not before the Supreme Court but before the
regional trial court, which is vested by the GPRA with jurisdiction to entertain the same. Compliance with the mandatory
protest mechanisms of the GPRA is jurisdictional in character. Section 58 of that law requires that there be exhaustion of
the statutorily available remedies at the administrative level as a precondition to the filing of a certiorari petition. This
requirement points to the mechanisms for protest against decisions of the BAC in all stages of the procurement process
that are outlined in both the provisions of Section 55 of the GPRA as well in Section 55 of the implementing rules. Under
these relevant sections of the law and the rules, resort to the judicial remedy of certiorari must be made only after the
filing of a motion for reconsideration of the BACs decision before the said body. Subsequently, from the final denial of the
motion for reconsideration, the aggrieved party must then lodge a protest before the head of the procuring entity through
a verified position paper that formally complies with requirements in Section 55.2 of the GPRAs Implementing Rules and
Regulations Part A. Only upon the final resolution of the protest can the aggrieved party be said to have exhausted the
available remedies at the administrative level. In other words, only then can he viably avail of the remedy of certiorari
before the proper courts. Non-compliance with this statutory requirement, under Section 58 of the GPRA, constitutes a
ground for the dismissal of the action for lack of jurisdiction. Dimson (Manila), Inc. and Phesco, Inc. vs. Local Water
Utilities Administration. G.R. No. 168656, September 22, 2010.
Constitutional Law
implementation of the laws on the Luzon tollways, a roadway complex used daily by hundreds of thousands of
motorists. Ernesto B. Francisco, Jr., et al. vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The Republic of
the Philippines, et al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The Republic of the
Philippines vs. Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917, 173630, 183599,
October 19, 2010.
Constitutionality; Locus Standi.
A party who assails the constitutionality of a statute must have a direct and personal interest. It must show not only that
the law or any governmental act is invalid, but also that it sustained or is in immediate danger of sustaining some direct
injury as a result of its enforcement, and not merely that it suffers thereby in some indefinite way. Petitioners have not
presented any personal stake in the outcome of the controversy. None of them faces any charge under RA 9372.
Petitioners in G.R. No. 178890, allege that they have been subjected to close security surveillance by state security
forces, their members followed by suspicious persons and vehicles with dark windshields, and their offices monitored
by men with military build. They likewise claim that they have been branded as enemies of the State.Even conceding
such
allegations,
petitioners
have
yet
to
show
any connection between the
purported surveillance and the implementation of RA 9372.On the other hand, petitioner-organizations in G.R. No.
178581 would like the Court to take judicial notice of respondents alleged action of tagging them as militant organizations
fronting for the Communist Party of the Philippines (CPP) and its armed wing, the National Peoples Army (NPA). The
tagging, according to petitioners, is tantamount to the effects of proscription without following the procedure under the
law. Petitioners apprehension is insufficient to substantiate their plea. That no specific charge or proscription under RA
9372 has been filed against them, three years after its effectiveness, belies any claim of imminence of
their perceived threat emanating from the so-called tagging. The same is true with petitioners in G.R. No. 178554, who
merely harp as well on their supposed link to the CPP and NPA. They fail to particularize how the implementation of
specific provisions of RA 9372 would result in direct injury to their organization and members. RA 9372 has been in effect
for three years now.From July 2007 up to the present, petitioner-organizations have conducted their activities fully and
freely
without
any
threat
of,
much
less
an
actual,
prosecution
or
proscription
under
RA
9372.Petitioners IBP and CODAL in G.R. No. 179157, on the other hand, base their claim of locus standi on their sworn
duty to uphold the Constitution.The IBP zeroes in on Section 21 of RA 9372 directing it to render assistance to those
arrested or detained under the law. The mere invocation of the duty to preserve the rule of law, however, does not suffice
to clothe the IBP or any of its members with standing.The IBP failed to sufficiently demonstrate how its mandate under the
assailed statute revolts against its constitutional rights and duties. Moreover, both the IBP and CODAL have not pointed to
even a single arrest or detention effected under RA 9372. Former Senator Ma. Ana Consuelo Madrigal, who claims to have
been the subject of political surveillance, also lacks locus standi. Prescinding from the veracity, let alone legal basis, of
the claim of political surveillance, the Court finds that she has not shown even the slightest threat of being charged under
RA 9372. Similarly lacking in locus standi are former Senator Wigberto Taada and Senator Sergio Osmea III, who cite
their being respectively a human rights advocate and an oppositor to the passage of RA 9372. Outside these statements,
no
concrete
injury
to
them
has
been
pinpointed.Petitioners Southern
Hemisphere
Engagement
Network and Atty. Soliman Santos Jr. in G.R. No. 178552 also conveniently state that the issues they raise are of
transcendental importance, which must be settled early and are of far-reaching implications, without mention of any
specific provision of RA 9372 under which they have been charged, or may be charged. Mere invocation of human rights
advocacy has nowhere been held sufficient to clothe litigants with locus standi. Petitioners must show an actual, or
immediate danger of sustaining, direct injury as a result of the laws enforcement. To rule otherwise would be to corrupt
the settled doctrine of locus standi, as every worthy cause is an interest shared by the general public. Neither
can locus standi be conferred upon individual petitioners as taxpayers and citizens. A taxpayer suit is proper only when
there is an exercise of the spending or taxing power of Congress, whereas citizen standing must rest on direct and
personal interest in the proceeding. In sum, it bears to stress that generalized interests, albeit accompanied by the
assertion of a public right, do not establish locus standi. Evidence of a direct and personal interest is key. Southern
Hemisphere Engagement Network, Inc., et al. vs. Anti-Terrorism Council, et al./Kilusang Mayo Uno, et al. Vs. Hon.
Eduardo Ermita., et al./Bagong Alyansang Makabayan (Bayan), et al. vs. Gloria Macapagal-Arroyo, et al./Karapatan, et al.
vs. Gloria Macapagal-Arroyo, et al./The Integrated Bar of the Philippines, et al. vs. Executive Secretary Eduardo Ermita, et
al./Bagong Alyansang Makabayan-Southern Tagalog, et al. vs. Gloria Macapagal-Arroyo, et al. G.R. No. 178552, 178554,
178581, 178890, 179157, 179461, October 5, 2010.
Constitutionality; Judicial Review; Actual Case or Controversy.
The Court is not unaware that a reasonable certainty of the occurrence of a perceived threat to any constitutional interest
suffices to provide a basis for mounting a constitutional challenge. This, however, is qualified by the requirement that there
must be sufficient facts to enable the Court to intelligently adjudicate the issues. Prevailing American jurisprudence allows
adjudication on the merits when an anticipatory petition clearly shows that the challenged prohibition forbids the
conduct or activity that a petitioner seeks to do, as there would then be a justiciable controversy. Unlike the plaintiffs
in Holder, however, herein petitioners have failed to show that the challenged provisions of RA 9372 forbid constitutionally
protected conduct or activity that they seek to do. No demonstrable threat has been established, much less a real and
existing one.Petitioners obscure allegations of sporadic surveillance and supposedly being tagged as communist fronts
in no way approximate a credible threat of prosecution. From these allegations, the Court is being lured to render
an advisory opinion, which is not its function.Without any justiciable controversy, the petitions have become pleas for
declaratory relief, over which the Court has no original jurisdiction. Then again, declaratory actions characterized by
double contingency, where both the activity the petitioners intend to undertake and the anticipated reaction to it of a
public official are merely theorized, lie beyond judicial review for lack of ripeness. Allegations of abuse must be anchored
on real events before courts may step in to settle actual controversies involving rights which are legally demandable and
enforceable. Southern Hemisphere Engagement Network, Inc, et al. vs. Anti-Terrorism Council, et al./Kilusang Mayo Uno
etc., et al. Vs. Hon. Eduardo Ermita., et al./Bagong Alyansang Makabayan (Bayan), et al. vs. Gloria Macapagal-Arroyo, et
al./Karapatan, et al. vs. Gloria Macapagal-Arroyo, et al./The Integrated Bar of the Philippines, et al. vs. Executive
Secretary Eduardo Ermita, et al./Bagong Alyansang Makabayan-Southern Tagalog, et al. vs. Gloria Macapagal-Arroyo, et
al. G.R. Nos. 178552, 178554, 178581, 178890, 179157, 179461, October 5, 2010.
the present case cannot be reduced. Apo Fruits Corporation, et al. vs. Land Bank of the Philippines. G.R. No. 164195,
October 12, 2010.
Fiscal Autonomy of the Judiciary; GSIS; Exemption from Legal Fees.
In In Re: Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal
Fees, the Court ruled that the provision in the Charter of the GSIS, i.e., Section 39 of Republic Act No. 8291, which
exempts it from all taxes, assessments, fees, charges or duties of all kinds, cannot operate to exempt it from the
payment of legal fees. This was because, unlike the 1935 and 1973 Constitutions, which empowered Congress to repeal,
alter or supplement the rules of the Supreme Court concerning pleading, practice and procedure, the 1987 Constitution
removed this power from Congress. Hence, the Supreme Court now has the sole authority to promulgate rules concerning
pleading, practice and procedure in all courts. Any exemption from the payment of legal fees granted by Congress to
government-owned or controlled corporations and local government units will necessarily reduce the JDF and the SAJF.
Undoubtedly, such situation is constitutionally infirm for it impairs the Courts guaranteed fiscal autonomy and erodes its
independence. In the instant case, therefore, the trial court did not acquire jurisdiction to try and decide the permissive
counterclaim considering that petitioner is not exempted from the payment of legal fees. Government Service Insurance
System (GSIS) vs. Heirs of Fernando P. Caballero, et al. G.R. No. 158090, October 4, 2010.
Ombudsman; Disciplinary Authority over Public School Teachers.
The administrative disciplinary authority of the Ombudsman over a public school teacher is not an exclusive power but is
concurrent with the proper committee of the Department of Education, Culture and Sports (DECS). However, while
petitioner has such concurrent authority, Section 23 of the Ombudsman Act of 1989 provides that the Ombudsman may
refer a complaint to the proper disciplinary authority. Under the circumstances obtaining in the case, it would have been
more prudent for petitioner to have referred the complaint to the DECS given that it would have been in a better position
to serve the interest of justice considering the nature of the controversy. Respondent is a public school teacher and is
covered by RA 4670, therefore, the proceedings before the DECS would have been the more appropriate venue to resolve
the dispute. In any case, the foregoing pronouncement does not automatically mean that the Supreme Court is nullifying
the proceedings before the Ombudsman as estoppel has already set in. Respondent actively participated in the
proceedings before the Ombudsman. He submitted his counter-affidavit, an affidavit of his witness, and attached annexes.
Respondent even filed a Motion for Reconsideration asking for affirmative relief from the Ombudsman. Finally, as to the
power to impose administrative liability, the Office of the Ombudsman has the authority to determine the administrative
liability of an erring public official or employee, and to direct and compel the head of the concerned officer or agency to
implement the penalty imposed. This power to impose administrative liability is not merely recommendatory but actually
mandatory. Office of the Ombudsman vs. Pedro Delijero, Jr. G.R. No. 172635, October 20, 2010.
Office of the Ombudsman; Powers.
The Ombudsmans decision imposing the penalty of suspension for one year is immediately executory pending appeal. It
cannot be stayed by the mere filing of an appeal to the Court of Appeals (CA). Clearly, Section 7, Rule III of the Rules of
Procedure of the Office of the Ombudsman supersedes the discretion given to the CA in Section 12, Rule 43 of the Rules of
Court when a decision of the Ombudsman in an administrative case is appealed to the CA. The provision in the Rules of
Procedure of the Office of the Ombudsman that a decision is immediately executory is a special rule that prevails over the
provisions of the Rules of Court. Moreover, Section 13 (8), Article XI of the Constitution authorizes the Office of the
Ombudsman to promulgate its own rules of procedure. In this connection, Sections 18 and 27 of the Ombudsman Act of
1989 also provide that the Office of the Ombudsman has the power to promulgate its rules of procedure for the effective
exercise or performance of its powers, functions and duties and to amend or modify its rules as the interest of justice may
require. For the CA to issue a preliminary injunction that will stay the penalty imposed by the Ombudsman in an
administrative case would be to encroach on the rule-making powers of the Office of the Ombudsman under the
Constitution and RA 6770 as the injunctive writ will render nugatory the provisions of Section 7, Rule III of the Rules of
Procedure of the Office of the Ombudsman. Office of the Ombudsman vs. Joel S. Samaniego. G.R. No. 175573, October 5,
2010.
Preliminary Investigation; Decision; Applicability of Constitutional Requirements to DOJ.
A preliminary investigation is not a quasi-judicial proceeding since the prosecutor in a preliminary investigation does not
determine the guilt or innocence of the accused. Preliminary investigation is merely inquisitorial.While the prosecutor
makes that determination, he cannot be said to be acting as a quasi-court, for it is the courts, ultimately, that pass
judgment
on
the
accused,
not
the
prosecutor. A
preliminary
investigation
thus
partakes
of
an investigative or inquisitorial power for the sole purpose of obtaining information on what future action of a judicial
nature may be taken. Balangauan v. Court of Appeals in fact iterates that even the action of the Secretary of Justice in
reviewing a prosecutors order or resolution via appeal or petition for review cannot be considered a quasi-judicial
proceeding since the DOJ is not a quasi-judicial body. Section 14, Article VIII of the Constitution does not thus extend to
resolutions issued by the DOJ Secretary. Atty. Alice Odchique-Bondoc vs. Tan Tiong Bio a.k.a. Henry Tan. G.R. No.
The Court rejected petitioners contention that contractual provisions on substitution of the franchise holder violated the
Constitution. Relying on Clause 17.4.1of the Supplemental Toll Operation Agreement (STOA) for the North Luzon
Expressway that the lenders have the unrestricted right to appoint a substitute entity in case of default of
Manila North Tollways Corporation (MNTC) or the occurrence of an event of default in respect of MNTCs loans, petitioners
argue that since MNTC is the assignee or transferee of the franchise of Philippine National Construction Corporation
(PNCC), then it steps into the shoes of PNCC.They contend that the act of replacing MNTC as grantee is tantamount to an
amendment or alteration of PNCCs original franchise and hence unconstitutional, considering that the constitutional power
to appoint a new franchise holder is reserved to Congress. The Court disagreed. Petitioners presupposition that only
Congress has the power to directly grant franchises is misplaced. The Court has held that administrative agencies may be
empowered by the Legislature by means of a law to grant franchises or similar authorizations. In this case, the Court
ruled that the Toll Regulatory Board (TRB) is empowered to grant a franchise for toll road projects.
Petitioners also contend that substituting MNTC as the grantee in case of default with respect to its loans is tantamount to
an amendment of PNCCs original franchise and is therefore unconstitutional.The Court also found this assertion to be
without merit. Besides holding that the Legislature may properly empower administrative agencies to grant franchises
pursuant to a law, the Court explained in this case that Presidential Decree No. 1113 and the amendatory
Presidential Decree No. 1894 both vested the TRB with the power to impose conditions on PNCCs franchise in an
appropriate contract and may therefore amend or alter the same when public interest so requires, save for the conditions
stated in Sections 1 and 2 of PD 1894, which relate to the coverage area of the tollways and the expiration of PNCCs
original franchise.Presidential Decree No. 1112 provided further that the TRB has the power to amend or modify a Toll
Operation Certificate that it issued when public interest so requires. Accordingly, there is nothing infirm much less
questionable about the provision in the MNTC STOA allowing the substitution of MNTC in case it defaults in its loans.
Furthermore, the unrestricted right of the lender in Clause 17.4.1 of the MNTC STOA to appoint a substituted entity is
never intended to afford such lender the plenary power to do so. It is clear that the lenders do not actually have an
absolute or unrestricted right to appoint the substituted entity in view of TRBs right to accept or reject the substitution
within one month from notice, and such right to appoint comes into force only if and when the TRB decides to effectuate
the substitution of MNTC as allowed in Clause 17.2 of the MNTC STOA.
(b)
The Court agreed with petitioners contention that the option in the MNTC STOA to extend the concession for the stated
period is unconstitutional. Clause 17.5 of the MNTC STOA grants MNTCs lenders the power to extend the concession in
case the Grantor (Republic of the Philippines) takes over the same, for a period not exceeding 50 years, until full payment
of the loans. At the outset, Clause 17.5 does not grant the lenders the power to unilaterally extend the concession for a
period not exceeding 50 years. The afore-quoted provision should be read in conjunction with Clause 20.12, which
expressly provides that the MNTC STOA is made under and shall be governed by and construed in accordance with the
laws of the Philippines, and particularly, by the provisions of PD 1112, PD 1113 and PD 1894.Under the applicable laws,
the TRB may amend, modify, alter or revoke the authority/franchise whenever the public interest so requires.In a word,
the power to determine whether or not to continue or extend the authority granted to a concessionaire to operate and
maintain a tollway is vested in the TRB by the applicable laws.The necessity of whether or not to extend the concession or
the authority to construct, operate and maintain a tollway rests, by operation of law, with the TRB.As such, the lenders
cannot unilaterally extend the concession period, or, with like effect, demand that the TRB agree to extend the concession.
It must be noted, however, that while the TRB is vested by law with the power to extend the administrative franchise or
authority that it granted, it cannot do so for an accumulated period exceeding 50 years. Otherwise, it would violatethe
proscription under Article XII, Section 11 of the 1987 Constitution, which provides that no public utility franchise shall be
for a longer period than 50 years.
In this case, the MNTC STOA has an original stipulated period of 30 years.Clause 17.5 allows the extension of this period
if necessary to fully repay the loans of MNTC. If the maximum extension as provided in Clause 17.5,i.e.,50 years, is used,
the accumulated concession period granted in this case would effectively be 80 years.This is a clear violation of the 50year franchise threshold set by the Constitution.It is on this basis that the Court struck down the provision in Clause 17.5
allowing extension of the concession for up to 50 years. However, the nullity is only with respect to any extension beyond
the 50-year constitutional limit.
(c)
Government Guarantee.
The Court declared as unconstitutional and grossly disadvantageous to the Government Clause 11.7 of the MNTC STOA
(and a similar provision in the STOA for the South Luzon Expressway rehabilitation and extension
project), which guarantees the financial viability of tollway project. Under Clause 11.7 of the MNTC STOA, the TRB agreed
to pay monthly the difference in the toll fees actually collected by MNTC and that which it could have realized under the
STOA. Article VI, Section 29(1) of the Constitution mandates that [n]o money shall be paid out of the Treasury except in
pursuance of an appropriation made by law. In this case, the TRB, by warranting to compensate MNTC for loss of revenue
resulting from the non-implementation of the periodic and interim toll fee adjustments, violates the constitutionally
guaranteed and exclusive power of the Legislature toappropriate money for public purpose from the General Funds of the
Government.
Further, Section 3(e)(5) of PD 1112 explicitly states that no guarantee, Certificate of Indebtedness, collateral securities, or
bonds shall be issued by any government agency or government-owned or controlled corporation on any financing
program of the toll operator in connection with his undertaking under the Toll Operation Certificate. What the
law here seeks to prevent is the eventuality that the Government, through any of its agencies, could be obligated to pay or
secure, whether directly or indirectly, the financing by the private investor of the project. In this case, under Clause 11.7
of the MNTC STOA, the Republic of the Philippines (through the TRB) guaranteed the security of the project against
revenue losses that could result in case the TRB, based on its determination of a just and reasonable toll fee, decides not
to effect a toll fee adjustment under the STOAs periodic/interim adjustment formula.
(d)
The Court rejected petitioners contention that the toll rate adjustment mechanisms in the STOAs violated the
Constitution. Petitioners argue that the STOAs for the North Luzon Expressway, South Luzon Expressway and South Metro
Manila Skyway (SMMS) projects tie the hands of the TRB, as it is bound by the stipulated periodic and interim toll rate
adjustments provided therein.Petitioners contend that the provisions on initial toll rates and periodic/interim toll rate
adjustments, by using a built-in automatic toll rate adjustment formula, guaranteed fixed returns for the investors and
negated the public hearing requirement. The Court held that the requisite public hearings under Section 3(d) of PD 1112
and Section 8(b) of PD 1894 are not negated by the fixing of the initial toll rates and the periodic adjustments under the
STOAs.
A clear distinction must be made between the statutory prescription on the fixing of initial toll rates, on the one hand, and
ofperiodic/interimorsubsequenttoll rates, on the other.First, the hearing required under the said provisos refers to notice
and hearing for the approval or denial of petitions for toll rate adjustments or the subsequent toll rates, not to the fixing
of initial toll rates.By express legal provision, the TRB is authorized to approve the initial toll rates without the necessity of
a hearing.It is only when a challenge on the initial toll rates fixed ensues that public hearings are required.
In determining the reasonableness of subsequent toll rate increases, the TRB must seek out the Commission on Audit for
assistance in examining and auditing the financial books of the public utilities concerned. Furthermore, while the periodic,
interim and other toll rate adjustment formulas are indicated in the STOAs, it does not mean that the TRB should accept a
rate adjustment predicated on the economic data, references or assumptions adopted by the toll operator.The final figures
should be determined by the TRB based on its appreciation of the relevant rate-influencing data. The TRB should exercise
its rate-fixing powers within the context of the agreed formula, but always having in mind that the rates should be just and
reasonable.Conversely, it is very well within the power of the TRB under the law to approve a change in the current toll
fees.Section 3(d) of PD 1112 grants the TRB the power to issue, modify and promulgate from time to time the rates of
toll that will be charged the direct users of toll facilities.But the reasonableness of a possible increase in the fees must
first be clearly and convincingly established by the petitioning entities, i.e.,the toll operators. Ernesto B. Francisco, Jr., et
al. vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The Republic of the Philippines, et
al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The Republic of the Philippines vs.
Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917, 173630, 183599, October 19,
2010.
Administrative Law
Administrative Agencies; Doctrine of Primary Administrative Jurisdiction.
Under the doctrine of primary administrative jurisdiction, courts will not determine a controversy where the issues for
resolution demand the exercise of sound administrative discretion requiring the special knowledge, experience, and
services of the administrative tribunal to determine technical and intricate matters of fact. The objective of the doctrine of
primary jurisdiction is to guide the court in determining whether it should refrain from exercising its jurisdiction until after
an administrative agency has determined some question or some aspect of some question arising in the proceeding before
the court. Undeniably, supervening events have substantially changed the factual backdrop of the case while it was
pending before the Court. The Supreme Court thus deferred to the competence and expertise of the Securities and
Exchange Commission to determine whether, given the supervening events, the Second Amendment to the Rehabilitation
Plan is no longer capable of implementation and whether the rehabilitation case should be terminated as a
consequence. Nestle Philippines, Inc. et al. vs. Uniwide Sales, Inc., et al. G.R. No. 174674, October 20, 2010.
Government Contracts; Public Bidding.
The Court held that public bidding is not required with respect to the procurement of the South Metro Manila Skyway,
North Luzon Expressway and South Luzon Expressway projects. Private petitioners maintain that public bidding is required
for these projects on the basis that they are in the nature of a build-operate-transfer infrastructure undertaking under the
BOT Law. The Court said that the BOT Law does not squarely apply to Philippine National Construction Corporation
(PNCC), which exercised its prerogatives and obligations under its franchise to pursue the construction, rehabilitation and
expansion of the above toll roads with chosen partners. These tollway projects may very well qualify as a build-operatetransfer undertaking.However, given that the projects have been undertaken by PNCC in the exercise of its franchise
under Presidential Decree No. 1113 and Presidential Decree No. 1894, in joint venture with its chosen partners at the time
when it was held valid to do so by the Office of the Government Corporate Counsel and the Department of Justice, the
public bidding provisions under the BOT Law do not strictly apply.
The above projects are not ordinary contracts for the construction of government infrastructure projects, which
require, under the Government Procurement Reform Act or the now-repealed Presidential Decree No. 1594,public bidding
as the preferred mode of contract award.Neither are these contracts where financing or financial guarantees for the
project are obtained from the government. Rather, the Supplemental Toll Operating Agreements (pursuant to which PNCC
is undertaking the projects together with its chosen partners) actually constitute a statutorily-authorized transfer or
assignment of usufruct of PNCCs existing franchise to construct, maintain and operate expressways.
The conclusion would perhaps be different if the tollway projects were to be prosecuted by an outfit completely different
from, and not related to, PNCC. In such a scenario, the entity awarded the winning bid in a BOT-scheme infrastructure
project will have to construct, operate and maintain the tollways through an automatic grant of a franchise or TOC, in
which case, public bidding is required under the law. Where, as here, a franchisee (PNCC) undertakes the construction,
rehabilitation and expansion of the tollways under its franchise, there is no need for a public bidding. In pursuing the
projects with the vast resource requirements, the franchisee can partner with other investors, which it may choose in the
exercise of its management prerogatives.In this case, no public bidding is required upon the franchisee in choosing
its partners, as such process was done in the exercise of management prerogatives and in pursuit of its right
ofdelectus personae. Ernesto B. Francisco, Jr., et al. vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The
Republic of the Philippines, et al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The
Republic of the Philippines vs. Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917,
173630, 183599, October 19, 2010.
Election Laws
Candidate; Residency Requirement.
While it is undisputed that Mitras domicile of origin is Puerto Princesa City, Mitra adequately proved by substantial
evidence that he transferred by incremental process to Aborlan beginning 2008, and concluded his transfer in early
2009. Given this proof, the burden of evidence lies with the private respondents to establish the contrary, which the latter
failed to do. On the other hand, the COMELEC based its ruling that Mitra did not take up residence in Aborlan largely on
the photographs of Mitras Aborlan premises; it concluded that the photographed premises could not have been a residence
because of its assessment of the interior design and furnishings of the room. Thus, the COMELEC Second Divisions
Resolution (which the COMELEC en banc fully supported) did not merely conclude that Mitra does not live in the
photographed premises; more than this, it ruled that these premises cannot be considered a home or a residence, for lack
of the qualities of a home that the Second Division wanted to see. The COMELEC not only grossly misread the evidence but
even used personal and subjective standards in its assessment of Mitras dwelling when, in fact, the law is replete with
standards, i.e.,
the
dwelling
must
be
where
a
person
permanently
intends
to
return
and
to
remain. Abraham Kahlil B. Mitra vs. Commission on Elections, Antonio V. Gonzales and Orlando R. Balbon, Jr. G.R.
No. 191938, October 19, 2010.
Special Laws
Petitioners here assert that the grant to the President of the power to peremptorily authorize the assignment by
Philippine National Construction Corporation (PNCC), as franchise holder, of its franchise or the usufruct in its franchise is
unconstitutional for being an encroachment of legislative power. The Court rejected this claim. Section 3(a) of
Presidential Decree No. 1112 requires approval by the President of any contract the Toll Regulatory Board may have
entered into or effected for the construction and operation of toll facilities. Complementing Section 3(a) is 3(e)(3) of PD
1112 enjoining the transfer of the usufruct of PNCCs franchise without the Presidents prior approval. The Presidents
approving authority is therefore of statutory origin.There is nothing illegal, let alone unconstitutional, with the delegation
to the President of the authority to approve the assignment by PNCC of its rights and interest in its franchise, the
assignment and delegation being circumscribed by restrictions in the delegating law itself. Ernesto B. Francisco, Jr., et al.
vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The Republic of the Philippines, et
al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The Republic of the Philippines vs.
Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917, 173630, 183599, October 19,
2010.
Public Land; Alienability.
Unless a public land is shown to have been reclassified as alienable or actually alienated by the State to a private person,
that piece of land remains part of the public domain, and its occupation in the concept of owner, no matter how long,
cannot confer ownership or possessory rights. It is only after the property has been declared alienable and disposable that
private persons can legally claim possessory rights over it. This does not mean, however, that neither of the parties has
the right to possess the property. While the Modestos claim to have been in possession of Lot 356 for almost 33 years, this
occupation could not give rise to possessory rights while the property being occupied remain government land that had not
yet been declared alienable and disposable. It was the Modestos, however, who were the actual possessors of the property
when it was declared alienable and disposable on October 16, 1987, and continued to possess the property until the
present time. Pio Modesto and Cirila Rivera-Modesto vs. Carlos Urbina, substituted by the heirs of Olympia
Miguel Vda. de Urbina, et al. G.R. No. 189859, October 18, 2010.
Public land; Foreshore.
To qualify as foreshore land, it must be shown that the land lies between the high and low water marks and is alternately
wet and dry according to the flow of the tide. The lands proximity to the waters alone does not automatically make it a
foreshore land. Thus, in Republic of the Philippines v. Lensico, the Court held that although the two corners of the subject
lot adjoins the sea, the lot cannot be considered as foreshore land since it has not been proven that the lot was covered by
water during high tide. Similarly in this case, it was clearly proven that the disputed land remained dry even during high
tide. Indeed, all the evidence supports the conclusion that the disputed portion of Lot No. 6278-M is not foreshore land but
remains private land owned by respondents.Manuel Almagro, joined by his spouse, Elizabeth Almagro vs. Salvacion C.
Kwan, et al. / Margarita Pachoro, et al. vs. William C. Kwan, et al. G.R. Nos. 175806, 175810 and G.R. No. 175849.
October 20, 2010.
Toll Regulatory Board; Franchising Powers.
The Court dismissed petitioners argument that only Congress has, under the 1987 Constitution, the exclusive prerogative
to grant franchise to operate public utilities. With respect to the Toll Regulatory Board (TRB), Sections 3(a) and (e) of
Presidential Decree No. 1112 in relation to Section 4 of Presidential Decree No. 1894 have invested the TRB with sufficient
power to grant a qualified person or entity with authority to construct, maintain, and operate a toll facility and to issue the
corresponding toll operating permit or Toll Operation Certificate. By explicit provision of law, therefore, the TRB was given
the power to grant administrative franchise for toll facility projects.
The power to authorize and control a public utility is admittedly a prerogative that stems from the Legislature. Any
suggestion, however, that only Congress has the authority to grant a public utility franchise is less than
accurate.Asstressed inAlbano v. Reyes a case decided under the 1987 Constitution there is nothing in the
Constitution remotely indicating the necessity of a congressional franchise before each and every public utility may
operate. A special franchise directly emanating from Congress is not necessary if the law already specifically authorizes an
administrative body to grant a franchise or to award a contract. Under the 1987 Constitution, Congress has an explicit
authority to grant a public utility franchise.However, it may validly delegate its legislative authority, under the power of
subordinate legislation,to issue franchises of certain public utilities to some administrative agencies. Ernesto B. Francisco,
Jr., et al. vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The Republic of the Philippines, et
al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The Republic of the Philippines vs.
Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917, 173630, 183599, October 19,
2010.
Toll Regulatory Board; Quasi-Legislative and Quasi-Judicial Functions.
Petitioners in the special civil actions cases would have the Court declare as invalid (i) Sections 3(a) and (d) of
Presidential Decree No. 1112 (which accord the Toll Regulatory Board (TRB) the power to enter into contracts for the
construction and operation of toll facilities, and, at the same time, grant it the power to issue and promulgate toll rates)
and (ii) Section 8(b) of Presidential Decree No. 1894 (which grant the TRB adjudicatory jurisdiction over matters involving
toll rate movements). As submitted by petitioners, granting the TRB the power to award toll contracts is inconsistent with
its quasi-judicial function of adjudicating petitions for initial toll and periodic toll rate adjustments. There cannot, so
petitioners would postulate, be impartiality in such a situation. The Court rejected these arguments. It does not perceive
an irreconcilable clash in the enumerated statutory powers of the TRB, such that the exercise of one negates the other. The
ascription of impartiality on the part of the TRB cannot, under the premises, be accorded cogency. Petitioners have not
shown that the TRB lacks the expertise, competence and capacity to implement its mandate of balancing the interests of
the toll-paying motoring public and the imperative of allowing the concessionaires to recoup their investment with
reasonable profits. The fact that an administrative agency is exercising its administrative or executive functions (such as
the granting of franchises or awarding of contracts) and at the same time exercising its quasi-legislative (e.g., rulemaking) and/or quasi-judicial functions (e.g., rate-fixing), does not support a finding of a violation of due process or
the Constitution. Ernesto B. Francisco, Jr., et al. vs. Toll Regulatory Board, et al./Hon. Imee R. Marcos, et al. vs. The
Republic of the Philippines, et al./Gising Kabataan Movement, Inc., et al. vs. The Republic of the Philippines, et al./The
Republic of the Philippines vs. Young Professionals and Entrepreneurs of San Pedro, Laguna. G.R. No. 166910, 169917,
173630, 183599, October 19, 2010.
actual case or controversy; (2) The question of constitutionality must be raised by the proper party; (3) The constitutional
question must be raised at the earliest possible opportunity; and (4) The decision of the constitutional question must be
necessary to the determination of the case itself. The Court said that even if the petitioners claim that he is a proper
party on the basis that the creation and operation of the PET involves the use of public funds and the issue he raised is of
transcendental importance, his standing was still imperiled by his appearance as counsel to then presidential candidate
Gloria Macapagal-Arroyo in the 2004 election protest filed by her opponent before the PET. A constitutional question must
be raised at the earliest possible opportunity. That appearance would have been the first opportunity to challenge the
constitutionality of the PETs constitution. Instead, petitioner ubiquitously entered his appearance before the PET and
acknowledged its jurisdiction. His failure to raise a seasonable constitutional challenge at that time, coupled with his
unconditional acceptance of the PETs authority, meant that he did not meet the third condition and therefore has no
standing to file the petition. Atty. Romulo B. Macalintal vs. Presidential Electoral Tribunal, G.R. No. 191618, November 23,
2010.
Administrative Law
relationship is an agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the
relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or
agricultural lessee; and (6) the harvest is shared between landowner and tenant or agricultural lessee. All the foregoing
requisites must be proved by substantial evidence. In this case, the continued stay of the purported tenant in the
premises of the company was the result of an amicable settlement in a labor dispute and not because there was a
landlord-tenant relationship. The fact that the stay was free of charge only proves the absence of such a relationship.
Even assuming that the employer was receiving a share of the produce, the fact of receipt, without an agreed system of
sharing, does not ipso facto create a tenancy. There was no evidence to indicate that the parties agreed to any system of
sharing. The employees activities in the property cannot be classified as one for agricultural production. There was no
record showed that he was engaged in any planting or other agricultural activity. Heirs of Jose Barredo, namely, Lolita
Barredo, et al. vs. Lavoiser Besaes, G.R. No. 164695, December 13, 2010.
Warrantless arrest.
The Supreme Court here found that the prosecution failed to prove the guilt of the accused, as (a) the evidence against
them is inadmissible and (b) granting the same to be admissible, the chain of custody has not been duly established. The
police went to the house of one of the accused based solely on the report of a concerned citizen that a pot session was
going on. Sole reliance on such a tip does not constitute probable cause. The apprehending officers should have first
conducted a surveillance considering that the identity and address of one of the accused had earlier been ascertained.
After conducting the surveillance and determining the existence of probable cause, a search warrant should have been
secured prior to effecting the arrest and seizure. The arrest being illegal, the ensuing search is likewise illegal. The items
seized during the illegal arrest are thus inadmissible. People of the Philippines vs. Arnold Martinez y Angeles, et al., G.R.
No. 191366, December 13, 2010.
seven Justices who voted to acquit the accused, the four who dissented, and the four who inhibited themselves did not
really go through the process. Antonio Lejano vs. People of the Philippines / People of the Philippines vs. Hubert Jeffrey P.
Webb, et al., G.R. No. 176389/G.R. No. 176864. January 18, 2011.
Bill of Rights; Unreasonable searches and seizures.
Under the plain view doctrine, objects falling in the plain view of an officer, who has a right to be in the position to have
that view, are subject to seizure and may be presented as evidence. In this case, the SC found that the seizure of the two
receivers of the .45 caliber pistol outside petitioners house falls within the purview of the plain view doctrine. First, the
presence of SPO2 Nava at the back of the house and of the other law enforcers around the premises was justified by the
fact that petitioner and Valerio were earlier seen respectively holding .45 caliber pistols before they ran inside the structure
and sought refuge. The attendant circumstances and the evasive actions of petitioner and Valerio when the law enforcers
arrived engendered a reasonable ground for the latter to believe that a crime was being committed. Secondly, from where
he was situated, SPO2 Nava clearly saw, on two different instances, Valerio emerge on top of the subject dwelling and
throw suspicious objects. Lastly, considering the earlier sighting of Valerio holding a pistol, SPO2 Nava had reasonable
ground to believe that the things thrown might be contraband items, or evidence of the offense they were then suspected
of committing. The ensuing recovery of the receivers may have been deliberate; nonetheless, their initial discovery was
indubitably inadvertent. It is not crucial that at initial sighting the seized contraband be identified and known to be so. The
law merely requires that the law enforcer observes that the seized item may be evidence of a crime, contraband, or
otherwise subject to seizure. Hence, the two receivers were admissible as evidence. Elenita C. Fajardo vs. People of the
Philippines, G.R. No. 190889, January 10, 2010.
Bill of rights; Unreasonable searches and seizures.
In this case, there was a valid warrantless arrest in flagrante delicto. The following are the circumstances immediately
prior to and surrounding the arrest of accused-appellants: (1) the police officers received information from an operative
about an ongoing shipment of contraband; (2) the police officers, with the operative, proceeded to Villa Vicenta Resort in
Barangay Bignay II, Sariaya, Quezon; (3) they observed the goings-on at the resort from a distance of around 50 meters;
and (4) they spotted the six accused-appellants loading transparent bags containing a white substance into a white L-300
van. The crime was committed in the presence of the police officers with the contraband, inside transparent plastic
containers, in plain view and duly observed by the arresting officers. Furthermore, accused-appellants are deemed to have
waived their objections to their arrest for not raising the issue before entering their plea. People of the Philippines vs. Ng
Yik bun, et al., G.R. No. 180452. January 10, 2010.
Constitutionality; Lis mota.
The SC observed that the issue of constitutionality of R.A. No. 95 (Philippine National Red Cross charter) was not raised by
the parties, and was not among the issues defined in the body of the previous decision of the SC; thus, it was not the very
lis mota of the case. The SC reminded that it will not touch the issue of unconstitutionality unless it is the very lis mota. A
court should not pass upon a constitutional question and decide a law to be unconstitutional or invalid, unless such
question is raised by the parties. Under this rule, the SC held that it should not have declared void certain sections of R.A.
No. 95, as amended by Presidential Decree (P.D.) Nos. 1264 and 1643, the PNRC Charter. Instead, the Court should have
exercised judicial restraint on the matter, especially since there was some other ground upon which the Court could have
based its judgment. Dante V. Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, January 18, 2011.
Congress; Creation of private corporations.
The SC observed that the purpose of the constitutional provision prohibiting Congress from creating private corporations
was to prevent the granting of special privileges to certain individuals, families, or groups, which were denied to other
groups. The SC found the Philippine National Red Cross Charter is not covered by the constitutional provision, as it does
not grant special privileges to a particular individual, family, or group, but creates an entity that strives to serve the
common good. Dante V. Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, January 18, 2011.
Corporation vs. Moises Tinio, Jr. and Francis Tinio, G.R. No. 160923/G.R. No. 161093, January 24, 2011.
Government contracts; Payment based on quantum meruit for illegal contracts.
The government project involved in this case, the construction of a dike, was completed way back on 9 July 1992. For
almost two decades, the public and the government benefitted from the work done by respondent. According to the SC,
public interest and equity dictate that the contractor should be compensated for services rendered and work done. To deny
the payment to the contractor would be to allow the government to unjustly enrich itself at the expense of another. Justice
and equity demand compensation on the basis of quantum meruit. Gregorio R. Vigilar, et al. vs. Arnulfo D. Aquino, G.R.
No. 180388, January 18, 2011.
Philippine National Red Cross; Status.
The SC found merit in Philippine National Red Crosss contention that its structure is sui generis. National Societies such as
the PNRC act as auxiliaries to the public authorities of their own countries in the humanitarian field and provide a range of
services including disaster relief and health and social programmes. National societies were held to be organizations that
are directly regulated by international humanitarian law, in contrast to other ordinary private entities, including NGOs. The
auxiliary status of a Red Cross Society means that it is at one and the same time a private institution and a public service
organization because the very nature of its work implies cooperation with the authorities, a link with the State. The SC
further noted that the creation of the PNRC was a result of the countrys adherence to the Geneva Convention which has
the force and effect of law. Under the Constitution, the Philippines adopts the generally accepted principles of international
law as part of the law of the land. The PNRC, as a National Society of the International Red Cross and Red Crescent
Movement, can neither be classified as an instrumentality of the State, so as not to lose its character of neutrality as well
as its independence, nor strictly as a private corporation since it is regulated by international humanitarian law and is
treated as an auxiliary of the State. Dante V. Liban, et al. vs. Richard J. Gordon, G.R. No. 175352, January 18, 2011.
Agrarian Law
Agrarian reform; Coverage.
The main issue for resolution by the Court is whether the Lopez and Limot lands of SNLABC can be considered grazing
lands for its livestock business and are thus exempted from the coverage of the CARL. In Luz Farms v. Secretary of the
Department of Agrarian Reform, the Court declared unconstitutional the CARL provisions that included lands devoted to
livestock under the coverage of the CARP. The transcripts of the deliberations of the Constitutional Commission of 1986 on
the meaning of the word agricultural showed that it was never the intention of the framers of the Constitution to include
the livestock and poultry industry in the coverage of the constitutionally mandated agrarian reform program of the
government. Thus, lands devoted to the raising of livestock, poultry and swine have been classified as industrial, not
agricultural, and thus exempt from agrarian reform. In the instant case, the MARO in its ocular inspection found on the
Lopez lands several heads of cattle, carabaos, horses, goats and pigs. There were likewise structures on the Lopez lands
used for its livestock business. Hence, the Court found that the Lopez lands were in fact actually, directly and exclusively
being used as industrial lands for livestock-raising. The Court affirmed the findings of the DAR Regional Director and the
Court of Appeals that the Lopez lands were actually, directly and exclusively being used for SNLABCs livestock business
and, thus, are exempt from CARP coverage. In contrast, however, the Limot lands were found to be agricultural lands
devoted to coconut trees and rubber and as such, are thus not subject to exemption from CARP coverage. Republic of the
Philippines, rep. by Dept. Agrarian Reform vs. Salvador N. Lopez Agri-Business Corp./Agri-Business Corp. vs. Dept.
Agrarian Reform, G.R. No. 178895, January 10, 2011.
Administrative Law
Election Law
Candidate; Disqualification.
A petition for disqualification, on the one hand, can be premised on Section 12 or 68 of the Omnibus Election Code, or
Section 40 of the Local Government Code. On the other hand, a petition to deny due course to or cancel a Certificate of
Candidacy can only be grounded on a statement of a material representation in the said certificate that is false. The
petitions also have different effects. While a person who is disqualified under Section 68 is merely prohibited to continue as
a candidate, the person whose certificate is cancelled or denied due course under Section 78 is not treated as a candidate
at all, as if he/she never filed a CoC. Thus, a candidate who is disqualified under Section 68 can validly be substituted
under Section 77 of the OEC because he/she remains a candidate until disqualified; but a person whose CoC has been
denied due course or cancelled under Section 78 cannot be substituted because he/she is never considered a candidate.
Apart from the qualifications provided for in the Constitution, the power to prescribe additional qualifications for elective
office and grounds for disqualification therefrom, consistent with the constitutional provisions, is vested in Congress.
However, laws prescribing qualifications for and disqualifications from office are liberally construed in favor of eligibility
since the privilege of holding an office is a valuable one. Sergio G. Amora, Jr. vs. Commission on Elections and Arnielo S.
Olandria, G.R. No. 192280, January 25, 2011.
Certificate of Candidacy; Requirement of being sworn.
According to the SC, it was grave abuse of discretion to uphold Olandrias claim that an improperly sworn COC is
equivalent to possession of a ground for disqualification. This was held not to be a ground for disqualification under Section
68 of the Omnibus Election Code and Section 40 of the Local Government Code. Nowhere therein does it specify that a
defective notarization is a ground for the disqualification of a candidate. Sergio G. Amora, Jr. vs. Commission on Elections
predecessor, through its team of negotiators, had given assurance to the affected landowners that they would be entitled
to repurchase their respective lots in the event they are no longer used for airport purposes. The SC held that the
government acquires only such rights in expropriated parcels of land as may be allowed by the character of its title over
the properties. This means that in the event the particular public use for which a parcel of land is expropriated is
abandoned, the owner shall not be entitled to recover or repurchase it as a matter of right, unless such recovery or
repurchase is expressed in or irresistibly deducible from the condemnation judgment. The SC held that the decision in Civil
Case No. R-1881 enjoined MCIAA, as a condition of approving expropriation, to allow recovery or repurchase upon
abandonment of the Lahug airport project. In effect, the government merely held the properties condemned in trust until
the proposed public use or purpose for which the lots were condemned was actually consummated by the government.
Since the government failed to perform the obligation that is the basis of the transfer of the property, then the lot owners
can demand the reconveyance of their old properties after the payment of the condemnation price. A condemnor should
commit to use the property pursuant to the purpose stated in the petition for expropriation, failing which it should file
another petition for the new purpose. If not, then it behooves the condemnor to return the said property to its private
owner, if the latter so desires. The government cannot plausibly keep the property it expropriated in any manner it pleases
and, in the process, dishonor the judgment of expropriation. Anunciacion Vda. De Ouano, et al. v. Republic of the
Philippines, et al./Mactan-Cebu International Airport [MCIAA] v. Ricardo L. Inocian, in his personal capacity and as
Attorney-in-Fact of Olympia E. Esteves, et al. and Aletha Suico Magat in her personal capacity and as Attorney-in-Fact of
Philip M. Suico, et al. G.R. Nos. 168770 & 168812, February 9, 2011.
Expropriation; reconveyance of expropriated property.
In accordance with Art. 1187 of the Civil Code on mutual compensation, MCIAA may keep whatever income or fruits it may
have obtained from the parcels of land expropriated. In turn, the landowners need not require the accounting of interests
earned by the amounts they received as just compensation. Following Art. 1189 of the Civil Code providing that if the thing
is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor, the landowners do not
have to settle the appreciation of the values of their respective lots as part of the reconveyance process, since the value
increase is merely the natural effect of nature and time. Anunciacion Vda. De Ouano, et al. v. Republic of the Philippines,
et al./Mactan-Cebu International Airport [MCIAA] v. Ricardo L. Inocian, in his personal capacity and as Attorney-in-Fact of
Olympia E. Esteves, et al. and Aletha Suico Magat in her personal capacity and as Attorney-in-Fact of Philip M. Suico, et al.
G.R. Nos. 168770 & 168812, February 9, 2011.
Impeachment; narration of facts.
Petitioner urged the Court to look into the narration of facts constituting the offenses vis--vis her submissions disclaiming
the allegations in the complaints. The SC denied this as that would require the Court to make a determination of what
constitutes an impeachable offense. Such a determination is a purely political question, which the Constitution has left to
the sound discretion of the legislature. Ma. Merceditas N. Gutierrez v. The House of Representatives Committee on Justice,
et al. G.R. No. 193459, February 15, 2011.
Article XI, Section 3, paragraph (5) of the Constitution reads: No impeachment proceedings shall be initiated against the
same official more than once within a period of one year. Petitioner reckoned the start of the one-year bar from the filing
of the first impeachment complaint against her on July 22, 2010 or four days before the opening on July 26, 2010 of the
15th Congress. She posited that within one year from July 22, 2010, no second impeachment complaint may be accepted
and referred to public respondent. Contrary to petitioners claim, the SC found that the previous case of Francisco v. House
of Representatives was applicable to this case. There the SC held that the term initiate means to file the complaint and
take initial action on it. It refers to the filing of the impeachment complaint coupled with Congress taking initial action of
said complaint. The initial action taken by the House on the complaint is the referral of the complaint to the Committee on
Justice. With a simultaneous referral of multiple complaints filed, more than one lighted matchstick light the candle at the
same time. According to the SC, what is important is that there should only be one candle that is kindled in a year, such
that once the candle starts burning, subsequent matchsticks can no longer rekindle the candle. Ma. Merceditas N.
Gutierrez v. The House of Representatives Committee on Justice, et al. G.R. No. 193459, February 15, 2011.
Impeachment; sufficiency of form and substance.
Petitioner claimed that Congress failed to ascertain the sufficiency of form and substance of the complaints on the basis of
the standards set by the Constitution and its own Impeachment Rules. The SC found this claim to be untenable. The
determination of sufficiency of form and substance of an impeachment complaint is an exponent of the express
constitutional grant of rule-making powers of the House of Representatives which committed such determinative function
to public respondent. Contrary to petitioners position that the Impeachment Rules do not provide for comprehensible
standards in determining the sufficiency of form and substance, the Impeachment Rules are clear in echoing the
constitutional requirements and providing that there must be a verified complaint or resolution, and that the substance
requirement is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the
committee. Notatu dignum is the fact that it is only in the Impeachment Rules where a determination of sufficiency of
form and substance of an impeachment complaint is made necessary. This requirement is not explicitly found in the
organic law, as Section 3(2), Article XI of the Constitution basically merely requires a hearing. Prudential considerations
behooved the Supreme Court to respect the compliance by the House of its duty to effectively carry out the constitutional
purpose, absent any contravention of the minimum constitutional guidelines. Ma. Merceditas N. Gutierrez v. The House of
Representatives Committee on Justice, et al. G.R. No. 193459, February 15, 2011.
Internal Revenue Allotment; just share.
Congress, who holds the power of the purse, in enacting the Cityhood Laws, only sought the well-being of respondent
municipalities, having seen their respective capacities to become component cities of their provinces, temporarily stunted
by the enactment of R.A. No. 9009. By allowing respondent municipalities to convert into component cities, Congress
desired only to uphold the very purpose of the LGC, i.e., to make the local government units enjoy genuine and
meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them
more effective partners in the attainment of national goals, which is the very mandate of the Constitution. League of
Cities of the Phil. etc., et al. v. COMELEC, et al./League of Cities of the Phil. etc., et al. v. COMELEC, et al./League of Cities
of the Phil. etc., et al. v. COMELEC, et al. G.R. No. 176951/G.R. No. 177499/G.R. No. 178056, February 15, 2011.
International Agreements; limitations on sovereignty.
The RP, by entering into the Agreement, does thereby abdicate its sovereignty, abdication being done by its waiving or
abandoning its right to seek recourse through the Rome Statute of the ICC for erring Americans committing international
crimes in the country. As it were, the Agreement is but a form of affirmance and confirmation of the Philippines national
criminal jurisdiction. National criminal jurisdiction being primary, it is always the responsibility and within the prerogative
of the RP either to prosecute criminal offenses equally covered by the Rome Statute or to accede to the jurisdiction of the
ICC. Thus, the Philippines may decide to try persons of the US, as the term is understood in the Agreement, under our
national criminal justice system; or it may opt not to exercise its criminal jurisdiction over its erring citizens or over US
persons committing high crimes in the country and defer to the secondary criminal jurisdiction of the ICC over them. In
the same breath, the US must extend the same privilege to the Philippines with respect to persons of the RP committing
high crimes within US territorial jurisdiction. By their nature, treaties and international agreements actually have a limiting
effect on the otherwise encompassing and absolute nature of sovereignty. By their voluntary act, nations may decide to
surrender or waive some aspects of their state power or agree to limit the exercise of their otherwise exclusive and
absolute jurisdiction. The usual underlying consideration in this partial surrender may be the greater benefits derived from
a pact or a reciprocal undertaking of one contracting party to grant the same privileges or immunities to the other. Bayan
Muna, as represented by Rep. Satur Ocampo, et al. v. Alberto Romulo, in his capacity as Executive Secretary, et al. G.R.
No. 159618, February 1, 2011.
International Agreements; treaties and executive agreements.
Under international law, there is no difference between treaties and executive agreements in terms of their binding effects
on the contracting states concerned, as long as the negotiating functionaries have remained within their powers. However,
a treaty has greater dignity than an executive agreement, because its constitutional efficacy is beyond doubt, a treaty
having behind it the authority of the President, the Senate, and the people; a ratified treaty, unlike an executive
agreement, takes precedence over any prior statutory enactment. Petitioner, in this case, argues that the Non-Surrender
Agreement between the Philippines and the US is of dubious validity, partaking as it does of the nature of a treaty; hence,
it must be duly concurred in by the Senate. Petitioner relies on the case, Commissioner of Customs v. Eastern Sea
Trading, in which the Court stated: international agreements involving political issues or changes of national policy and
those involving international arrangements of a permanent character usually take the form of treaties; while those
embodying adjustments of detail carrying out well established national policies and traditions and those involving
arrangements of a more or less temporary nature take the form of executive agreements. According to petitioner, the
subject of the Agreement does not fall under any of the subject-categories that are enumerated in the Eastern Sea Trading
case that may be covered by an executive agreement, such as commercial/consular relations, most-favored nation rights,
patent rights, trademark and copyright protection, postal and navigation arrangements and settlement of claims. The
Supreme Court held, however, that the categorization of subject matters that may be covered by international agreements
mentioned in Eastern Sea Trading is not cast in stone. There are no hard and fast rules on the propriety of entering, on a
given subject, into a treaty or an executive agreement as an instrument of international relations. The primary
consideration in the choice of the form of agreement is the parties intent and desire to craft an international agreement in
the form they so wish to further their respective interests. The matter of form takes a back seat when it comes to
effectiveness and binding effect of the enforcement of a treaty or an executive agreement, as the parties in either
international agreement each labor under the pacta sunt servanda principle. Bayan Muna, as represented by Rep. Satur
Ocampo, et al. v. Alberto Romulo, in his capacity as Executive Secretary, et al. G.R. No. 159618, February 1, 2011.
Judicial Review; expanded certiorari jurisdiction.
Respondents raised the impropriety of the remedies of certiorari and prohibition. They argued that public respondent (the
Congress) was not exercising any judicial, quasi-judicial or ministerial function in taking cognizance of the two
impeachment complaints as it was exercising a political act that is discretionary in nature, and that its function is
inquisitorial that is akin to a preliminary investigation. The case of Francisco v. House of Representatives characterizes the
power of judicial review as a duty which, as the expanded certiorari jurisdiction of the Supreme Court reflects, includes the
power to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government. The SC found it well-within its power to determine
whether Congress committed a violation of the Constitution or gravely abused its discretion in the exercise of its functions
and prerogatives that could translate as lack or excess of jurisdiction, which would require corrective measures from the
Court. Ma. Merceditas N. Gutierrez v. The House of Representatives Committee on Justice, et al. G.R. No.
193459, February 15, 2011.
Judicial Review; ripeness.
An aspect of the case-or-controversy requirement is the requisite of ripeness. The question of ripeness is especially
relevant in light of the direct, adverse effect on an individual by the challenged conduct. In the present petition, the SC
found no doubt that questions on, inter alia, the validity of the simultaneous referral of the two complaints and on the
need to publish as a mode of promulgating the Rules of Procedure in Impeachment Proceedings of the House
(Impeachment Rules) present constitutional vagaries which call for immediate interpretation. The unusual act of
simultaneously referring to public respondent two impeachment complaints presents a novel situation to invoke judicial
power. Petitioner was, therefore, found not to have acted prematurely when she took the cue from the constitutional
limitation that only one impeachment proceeding should be initiated against an impeachable officer within a period of one
year. Ma. Merceditas N. Gutierrez v. The House of Representatives Committee on Justice, et al. G.R. No. 193459, February
15, 2011.
Legal Standing; requirements.
When suing as a citizen, the interest of the petitioner assailing the constitutionality of a statute must be direct and
personal. He must be able to show, not only that the law or any government act is invalid, but also that he sustained or is
in imminent danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers thereby
in some indefinite way. In fine, when the proceeding involves the assertion of a public right, the mere fact that he is a
citizen satisfies the requirement of personal interest. In this case, as citizens, petitioners interest in the subject matter of
the petition is direct and personal. At the very least, their assertions questioning the Non-Surrender Agreement between
the Philippines and the US are made of a public right, i.e., to ascertain that the Agreement did not go against established
national policies, practices, and obligations bearing on the States obligation to the community of nations. Bayan Muna, as
represented by Rep. Satur Ocampo, et al. v. Alberto Romulo, in his capacity as Executive Secretary, et al. G.R. No.
159618, February 1, 2011.
Stare Decisis; nature.
The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by the Supreme Court in its
final decisions. It is based on the principle that once a question of law has been examined and decided, it should be
deemed settled and closed to further argument. Basically, it is a bar to any attempt to relitigate the same issues,
necessary for two simple reasons: economy and stability. In our jurisdiction, the principle is entrenched in Article 8 of the
Civil Code. The previous case of Lubrica and the present case involve two different issues. The relief prayed for in the
previous case of Lubrica is that the amount for deposit in favor of the landowner be determined on the basis of the time of
payment and not of the time of taking. But in the present case, the prayer of the LBP is for the deposit of the valuation of
the Land Bank of the Philippines and Department of Agrarian Reform and not that of the Provincial Agrarian Reform
Adjudicator. The principle of stare decisis, therefore, does not apply. Land Bank of the Philippines v. Hon. Ernesto P.
Pagayatan, Presiding Judge of RTC, Branch 46, San Jose, Occidental Mindoro; and Josefina S. Lubrica, in her capacity as
Assignee of Federico Suntay, et al., G.R. No. 177190, February 23, 2011.
(REMAD) proscribed by the State Audit Code of the Philippines. The Supreme Court did not give merit to petitioners
argument. It emphasized that the COA Auditor noted that nowhere in the documents reviewed disclosed about
prepayment scheme with REMAD. It is well settled that findings of fact of quasi-judicial agencies, such as the COA, are
generally accorded respect and even finality by this Court, if supported by substantial evidence, in recognition of their
expertise on the specific matters under their jurisdiction. If the prepayment scheme was in fact authorized, petitioners
should have produced the document to prove such fact as alleged by them in the present petition. However, the Supreme
Court was at a loss as to whether the prepayment scheme was authorized as its review of Annex I, the document to
which petitioners base their authority to make advance payments, does not contain such a stipulation or provision. In
addition, the Supreme Court noted that much reliance was made by petitioners on their allegation that the terms of the
Credit Facility Proposal allowed for prepayments or advancement of the payments prior to the delivery of the cattle by the
supplier REMAD. It appears, however, that a CFP, even if admittedly a pro forma contract and emanating from the Land
Bank main office, is merely a facility proposal and not the contract of loan between Land Bank and the cooperatives. It is
in the loan contract that the parties embody the terms and conditions of a transaction. If there is any agreement to release
the loan in advance to REMAD as a form of prepayment scheme, such a stipulation should exist in the loan contract. There
is, nevertheless, no proof of such stipulation as petitioners had failed to attach the CFPs or the loan contracts relating to
the present petition. Based on the foregoing, the COA was not faulted for finding that petitioners facilitated the commission
of the irregular transaction. Ruben Reyna, et al. v. Commission on Audit, G.R. No. 167219, February 8, 2011.
Agrarian Law
Agrarian Reform; exclusion and exemption from coverage.
The deliberations of the 1987 Constitutional Commission show a clear intent to exclude, inter alia, all lands exclusively
devoted to livestock, swine and poultry-raising from the coverage of the Comprehensive Agrarian Reform Program.
Petitioners admission that, since 2001, it leased another ranch for its own livestock is fatal to its cause. The SC, in this
case, accorded respect to the CAs observation that the assailed MARO reports and the Investigating Teams Report do not
actually contradict one another, finding that the 43 cows, while owned by petitioner, were actually pastured outside the
subject property. Milestone Farms, Inc. v. Office of the President, G.R. No. 182332, February 23, 2011.
Not all rules and regulations adopted by every government agency are to be filed with the UP Law Center. Only those of
general or of permanent character are to be filed. Resolution No. 372 was about the new GSIS salary structure, Resolution
No. 306 was about the authority to pay the 2002 Christmas Package, and Resolution No. 197 was about the GSIS merit
selection and promotion plan. Clearly, the assailed resolutions pertained only to internal rules meant to regulate the
personnel of the GSIS. There was no need for the publication or filing of these resolutions with the UP Law Center. The
Board of Trustees of the Government Service Insurance System, et al. v. Albert M. Velasco, et al. G.R. No.
170463, February 2, 2011.
Constitutional Law
COMELEC; House of Representatives Electoral Tribunal; Jurisdiction.
The Supreme Court held in this case that despite recourse to it, it cannot rule on the issue of citizenship of petitioner
Gonzalez. Subsequent events showed that Gonzalez had not only been duly proclaimed, he had also taken his oath of
office and assumed office as Member of the House of Representatives. Once a winning candidate has been proclaimed,
taken his oath, and assumed office as a member of the House of Representatives, COMELECs jurisdiction over election
contests relating to the candidates election and qualifications ends, and the HRETs own jurisdiction begins. Fernando V.
Petitioners allege that the Senate Committee of the Whole was constituted solely for the purpose of assuming jurisdiction
over the complaint against Senator Villar. Petitioners further allege that the act was discriminatory and removed Senator
Villars recourse against any adverse report of the Ethics Committee to the Senate as a body. The SC did not agree with
this. The Rules of the Ethics Committee provide that all matters relating to the conduct, rights, privileges, safety, dignity,
integrity and reputation of the Senate and its Members shall be under the exclusive jurisdiction of the Senate Committee
on Ethics and Privileges. However, in this case, the refusal of the Minority to name its members to the Ethics Committee
stalled the investigation. In short, while ordinarily an investigation about one of its members alleged irregular or unethical
conduct is within the jurisdiction of the Ethics Committee, the Minority effectively prevented it from pursuing the
investigation when they refused to nominate their members to the Ethics Committee. Even Senator Villar called the Ethics
Committee a kangaroo court and declared that he would answer the accusations against him on the floor and not before
the Ethics Committee. Given the circumstances, the referral of the investigation to the Committee of the Whole was an
extraordinary remedy undertaken by the Ethics Committee and approved by a majority of the members of the Senate.
Aquilino Q. Pimentel, Jr., et al. v. Senate Committee of the Whole represented by Senate President Juan Ponce Enrile, G.R.
No. 187714, March 8, 2011.
Senate; Publication of Rules
Petitioners assail the non-publication of the Rules of the Senate Committee of the Whole. Respondent counters that
publication is not necessary because the Senate Committee of the Whole merely adopted the Rules of the Ethics
Committee which had been published in the Official Gazette on 23 March 2009. Respondent alleges that there is only one
set of Rules that governs both the Ethics Committee and the Senate Committee of the Whole. The SC held that the
Constitution does not require publication of the internal rules of the House or Senate. Since rules of the House or the
Senate that affect only their members are internal to the House or Senate, such rules need not be published, unless such
rules expressly provide for their publication before the rules can take effect. In this particular case, the Rules of the Senate
Committee of the Whole itself provide that the Rules must be published before the Rules can take effect. Thus, even if
publication is not required under the Constitution, publication of the Rules of the Senate Committee of the Whole is
required because the Rules expressly mandate their publication. To comply with due process requirements, the Senate
must follow its own internal rules if the rights of its own members are affected. Aquilino Q. Pimentel, Jr., et al. v. Senate
Committee of the Whole represented by Senate President Juan Ponce Enrile, G.R. No. 187714, March 8, 2011.
Senate; Quorum and Voting.
If the Senate is constituted as a Committee of the Whole, a majority of the Senate is required to constitute a quorum to do
business pursuant to Section 16(2), Article VI of the Constitution. Otherwise, there will be a circumvention of this express
provision of the Constitution on quorum requirement. Obviously, the Rules of the Senate Committee of the Whole require
modification to comply with requirements of quorum and voting which the Senate must have overlooked in this case. In
any event, in case of conflict between the Rules of the Senate Committee of the Whole and the Constitution, the latter will
of course prevail. . Aquilino Q. Pimentel, Jr., et al. v. Senate Committee of the Whole represented by Senate President
Juan Ponce Enrile, G.R. No. 187714, March 8, 2011.
Unlawful Expenditure for being Excessive; Factors.
Price is considered excessive if it is more than the 10% allowable price variance between the price paid for the item
bought and the price of the same item per canvass of the auditor. In determining whether or not the price is excessive,
the following factors may be considered: (a) supply and demand forces in the market; (b) government price quotations;
(c) warranty of products or special features; (d) brand of products. In this case, the issue was whether the computer units
bought by Cooperative Development Authority (CDA) from Tetra were overpriced. The records showed that while the
respondents found nothing wrong per se with the criteria adopted by the CDA in the overall evaluation of the bids, the
technical aspect was seriously questioned. The final technical evaluation report was apparently manipulated to favor Tetra,
which offered a Korean-made brand as against Microcircuits which offered a US-made brand said to be more durable, at a
lower price. The SC concluded that the price per item of the PC units, laptop and UPS were overpriced by almost 50%.
This comparison was based on the initial purchase of 23 PC units with the bid price by Tetra of Php1,269,630.00 (23 PC
units, 1 unit 386 Tower and 1 unit 386 Notebook) under Disbursement Voucher No. 01-92-12-2399. There was an
additional (repeat) purchase of 21 PC units for Php929,649.00 (same price per item of Php44,269.00) and one unit UPS for
Php86,000.00. The total contract price obtained by Tetra was Php2,285,279.00, of which COA disallowed the amount of
Php881,819.00 representing the overprice per the auditors findings. Candelario L. Verzosa, Jr. v. Guillermo N. Carague, et
al., G.R. No. 157838, March 8, 2011.
Unlawful Expenditure; Liability of Public Officers.
The SC held the petitioner liable personally and solidarily for the disallowed amount of Php881,819.00. The doctrine of
separate personality of a corporation finds no application because the Cooperative Development Authority is not a private
entity but a government agency created by virtue of Republic Act No. 6939 in compliance with the provisions of Section
15, Article XII of the 1987 Constitution. Moreover, respondents satisfactorily established that petitioner acted in bad faith
when he prevailed upon the Development Academy of the Philippines-Technical Evaluation Committee (DAP-TEC) to modify
the initial result of the technical evaluation of the computers by imposing an irrelevant grading system that was intended
to favor one of the bidders, after the bids had been opened. Candelario L. Verzosa, Jr. v. Guillermo N. Carague, et al., G.R.
No. 157838, March 8, 2011.
Administrative Law
Agrarian Law
Agrarian Reform; Qualifications of Beneficiary.
DAR Administrative Order No. 3, series of 1990, enumerated the qualifications of a beneficiary: (1) Landless; (2) Filipino
citizen; (3) Actual occupant/tiller who is at least 15 years of age or head of the family at the time of filing application; and
(4) Has the willingness, ability and aptitude to cultivate and make the land productive. The SC found that petitioner
Lebrudo does not qualify as a beneficiary because of (1) and (3). First, Lebrudo is not landless. According to the records,
Municipal Agrarian Reform Officer Amelia Sangalang issued a certification dated 28 February 1996 attesting that Lebrudo
was awarded by the DAR with a home lot consisting of an area of 236 square meters situated at Japtinchay Estate, Bo.
Milagrosa, Carmona, Cavite. Next, Lebrudo is not the actual occupant or tiller of the lot at the time of the filing of the
application. Loyola and her family were the actual occupants of the lot at the time Loyola applied to be a beneficiary under
the CARP. Julian S. Lebrudo and Reynaldo L. Lebrudo v. Remedios Loyola, G.R. No. 181370, March 9, 2011.
Agrarian Reform; Role of Land Bank of the Philippines.
In this case, the issue was whether the Land Bank of the Philippines has the personality to file a petition for determination
of just compensation before the Special Agrarian Court. The SC held that LBP did. The LBP is an agency created primarily
to provide financial support in all phases of agrarian reform pursuant to Section 74 of RA 3844 or the Agricultural Reform
Code and Section 64 of RA 6657 or the Comprehensive Agrarian Reform Law of 1988. In the previous case of Heirs of
Lorenzo and Carmen Vidad v. Land Bank of the Philippines, the SC held that LBP is not merely a nominal party in the
determination of just compensation, but an indispensable participant in such proceedings. It is primarily responsible for the
valuation and determination of compensation for all private lands. It has the discretion to approve or reject the land
valuation and just compensation for a private agricultural land placed under the CARP. In case the LBP disagrees with the
valuation of land and determination of just compensation by a party, the DAR, or even the courts, the LBP not only has the
right, but the duty, to challenge the same, by appeal to the Court of Appeals or to this Court, if appropriate. Davao Fruits
Corporation v. Land Bank of the Philippines, G.R. Nos. 181566 & 181570. March 9, 2011.
Agrarian Reform; Sale or Conveyance of Land.
It is clear from Section 27 of RA 6657 that lands awarded to beneficiaries under the Comprehensive Agrarian Reform
Program (CARP) may not be sold, transferred or conveyed for a period of 10 years. The law enumerated four exceptions:
(1) through hereditary succession; (2) to the government; (3) to the Land Bank of the Philippines (LBP); or (4) to other
qualified beneficiaries. In short, during the prohibitory 10-year period, any sale, transfer or conveyance of land reform
rights is void, except as allowed by law, in order to prevent a circumvention of agrarian reform laws. In this case,
petitioner Lebrudo insists that he is entitled to one-half portion of the lot awarded to Loyola under the CARP as payment
for shouldering all the expenses for the transfer of the title of the lot from respondent Loyolas mother, Cristina Hugo, to
Loyolas name. Lebrudo used the two Sinumpaang Salaysay executed by Loyola alloting to him the one-half portion of the
lot as basis for his claim. In other words, waiver of rights and interests over landholdings awarded by the government is
invalid for being violative of agrarian reform laws. Julian S. Lebrudo and Reynaldo L. Lebrudo v. Remedios Loyola, G.R. No.
181370, March 9, 2011.
Election Law
Cancellation of Certificate of Candidacy; Disqualification of Candidate; Period for Filing Petition.
Petitioner Fernando V. Gonzalez and private respondent Reno G. Lim both filed certificates of candidacy for the position of
Representative of the 3rd congressional district of the Province of Albay in the May 10, 2010 elections. On March 30, 2010,
a Petition for Disqualification and Cancellation of Certificate of Candidacy (COC) was filed by Stephen Bichara [SPA No. 10074 (DC)] on the ground that Gonzalez is a Spanish national, being the legitimate child of a Spanish father and a Filipino
mother, and that he failed to elect Philippine citizenship upon reaching the age of majority in accordance with the
provisions of Commonwealth Act (C.A.) No. 625. The SC explained the difference between Cancellation under Section 78 of
the Omnibus Election Code and Disqualification under Section 68 of the OEC. A petition to cancel a candidates COC may
be filed under Section 78 of the OEC exclusively on the ground that any material representation contained therein as
required by law is false. On the other hand, a petition for disqualification of a candidate may also be filed pursuant to
Section 68 for committing prohibited acts referred to in said section. As to the ground of false representation in the COC
under Section 78, the Court in a previous case elaborated that the misrepresentation must be material, i.e.
misrepresentation regarding age, residence and citizenship or non-possession of natural-born Filipino status. In this case,
the petition in SPA No. 10-074 (DC) based on the allegation that Gonzalez was not a natural-born Filipino which was filed
before the elections is in the nature of a petition filed under Section 78. The recitals in the petition in said case, however,
state that it was filed pursuant to Section 4 (b) of COMELEC Resolution No. 8696 and Section 68 of the OEC to disqualify a
candidate for lack of qualifications or possessing some grounds for disqualification. The COMELEC treated the petition as
one filed both for disqualification and cancellation of COC, with the effect that Section 68, in relation to Section 3, Rule 25
of the COMELEC Rules of Procedure, is applicable insofar as determining the period for filing the petition. This Rule
provides the prescriptive period of filing to be not later than the date of proclamation. On the other hand, the procedure
for filing a petition for cancellation of COC is covered by Rule 23 of the COMELEC Rules of Procedure, which provides as the
prescriptive period to be within five (5) days following the last day for the filing of certificate of candidacy. Section 4(B) of
Resolution No. 8696 represents another attempt to modify by a mere procedural rule the statutory period for filing a
petition to cancel COC on the ground of false representation therein regarding a candidates qualifications. Section 4(B) of
Resolution No. 8696 would supplant the prescribed period of filing of petition under Section 78 with that provided in
Section 68 even if the latter provision does not at all cover the false representation regarding age, residence and
citizenship which may be raised in a petition under Section 78. If the purpose behind this rule promulgated by the
COMELEC allowing a petition to cancel COC based on the candidates non-compliance with constitutional and statutory
requirements for elective office, such as citizenship, to be filed even beyond the period provided in Section 78 was simply
to remedy a perceived procedural gap though not expressly stated in Resolution No. 8696, the Court, in a previous case,
had already rejected such justification. Fernando V. Gonzalez v. Commission on Elections, et al., G.R. No. 192856, March
8, 2011.