POLITICAL LAW CASE DOCTRINES

January 2010 March 2013

1. Summary deportation shall be observed in cases where the charge

against the alien is overstaying or expiration of his passport. In such
case, the Board of Special Inquiry shall merely require the presentation
of the alien's valid passport and shall submit the appropriate
recommendation on the bases thereof. (THE BOARD OF
COMMISSIONERS OF THE BUREAU OF IMMIGRATION AND
DEPORTATION v. JUNG KEUN PARK, G.R. No. 159835, January 21,
2010)

2. Although Section 152 (c) of the Local Government Code requires

a barangay clearance for any activity within its jurisdiction, such
clearance cannot be denied when the activity is in a permissible zone,
otherwise such denial is illegal. (GREENHILLS EAST ASSOCIATION,
INC., v. E. GANZON, INC., G.R. No. 169741, January 20, 2010)

3. Misconduct is defined as any unlawful conduct on the part of a person

concerned in the administration of justice prejudicial to the rights of the
parties or to the right determination of the cause; dishonesty, on the other
hand, dishonesty has been defined as intentionally making a false statement
in any material fact, or practicing or attempting to practice any deception or
fraud in securing his examination, registration, appointment or promotion.
(GERARDO Q. FERRERAS v. RUDY P. ECLIPSE, A.M. No. P-05-2085,
January 20, 2010)

4. A motion for execution pending appeal filed by the prevailing party shall
contain a three-day notice to the adverse party and execution pending
appeal shall not issue without prior notice and hearing. (JESUS M. CALO v.
COMELEC, G.R. No. 185222, January 19, 2010)

5. A fifth-class municipality like Midsalip is not absolutely prohibited from

adopting a salary schedule equivalent to that of a special city or a first-class
province, provided, that it complies with the provision of R.A. No. 7160.
(PAULINO M. ALECHA AND PRECIOSO M. TAPITAN v. ELMER BEN V.
PASION et al., G.R. No. 164506, January 19, 2010)

6. The failure of a judge to resolve cases submitted for decision within the
period fixed by law may constitute undue delay but is not tantamount to
dereliction of duty. (LUMINZA DELOS REYES v. JUDGE DANILO S.
 CRUZ AND GODOLFO R. GUNDRAN, A.M. No. RTJ-08-2152, January
18, 2010)

7. In order that a petition for certiorari may lie, grave abuse of discretion must
exist. It is not sufficient that the respondent disagreed with the findings of
another or considered them in error; it had to determine that the findings
had run berserk, prompted by passion and personal hostility rather than by
reason. (DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AND
NATIONAL MARITIME POLYTECHNIC (NMP) v. RUBEN Y. MACEDA,
G.R. No. 185112, January 18, 2010)

8. The prohibition against nuisance candidates is aimed precisely at preventing

uncertainty and confusion in ascertaining the true will of the electorate.
Thus, final judgments declaring a nuisance candidate should effectively
cancel the certificate of candidacy filed by such candidate as of election day.
(CELESTINO A. MARTINEZ III v. HOUSE OF REPRESENTATIVES
ELECTORAL TRIBUNAL (HRET) AND BENHUR L. SALIMBANGON,
G.R. No. 189034, January 11, 2010)

9. The ruling in Divina Gracia vs. COMELEC, which held that errors in the
matter of non-payment or incomplete payment of the two appeal fees in
election cases are no longer excusable, contextually finds applicability only
in cases where notices of appeal were filed at least after the promulgation of
the Divina Gracia decision on July 27, 2009. (MATEO R. NOLLEN, JR. v.
COMMISSION ON ELECTIONSAND SUSANA M. CABALLES, G.R. No.
187635, January 11, 2010)

10. The Certification of Regional Director Miranda, which is based on

demographic projections, is without legal effect because Regional Director
Miranda has no basis and no authority to issue the Certification.
(VICTORINO B. ALDABA, et al. v. COMMISSION ON ELECTIONS, G.R
No. 188078, January 25, 2010)

11. A reading of the conflict of interest rule reveals that the prohibition
against NEA personnel from participating in any question pertaining to a
public service entity where he is directly or indirectly interested has the
purpose of preventing such personnel from exercising the power of his office
for personal pecuniary gain, which may cause grave damage and prejudice
to public interest. (NATIONAL ELECTRIFICATION ADMINISTRATION v.
 CIVIL SERVICE COMMISSION AND PEDRO RAMOS, G.R. No. 149497,
January 25, 2010)

12. Under Section 9, Rule 141 of the Rules of Court, the sheriff is
required to secure the court's prior approval of the estimated expenses and
fees needed to implement the court process. (BENJAMIN E. SANGA v.
FLORENCIO SJ. ALCANTARA AND SALES T. BISNAR, A.M. No. P-09-
2657, January 25, 2010)

13. When the printed election propaganda was published, there arises a
presumption that there was written acceptance by petitioner of the
advertisement paid for or donated by his friends in the absence of evidence
to the contrary. (ALVIN B. GARCIA v. COMMISSION ON ELECTIONS
AND TOMAS R. OSMEA, G.R. No. 170256, January 25, 2010)

14. To withhold the right of the landowners to appropriate the amounts

already deposited in their behalf as compensation for their properties simply
because they rejected the DAR's valuation is an oppressive exercise of
eminent domain. (LAND BANK OF THE PHILIPPINES v. DEPARTMENT
OF AGRARIAN REFORM ADJUDICATION BOARD, et al., G.R. No.
183279, January 25, 2010)

15. The discretion to determine whether a case should be filed or not lies
with the Ombudsman. Unless grave abuse of discretion amounting to lack
or excess of jurisdiction is shown, judicial review is uncalled for as a policy
of non-interference by the courts in the exercise of the Ombudsmans
constitutionally mandated powers. (ANGELITA DE GUZMAN v. EMILIO A.
GONZALEZ III, et al., G.R. No. 158104, March 26, 2010)

16. 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. (TERESITA
NARVASA v. BENJAMIN A. SANCHEZ, JR., G.R. No. 169449, March 26,
2010)

17. The practice of law is a privilege given to lawyers who meet the high
standards of legal proficiency and morality. Any violation of these standards
exposes the lawyer to administrative liability. (ATTY. BONIFACIO
 BARANDON, JR. v. ATTY. EDWIN FERRER, SR. , A.C. No. 5768, March
26, 2010)

18. The guaranty of the equal protection of the laws is not violated by a
legislation based on a reasonable classification. (NATIONAL POWER
CORPORATION v. PINATUBO COMMERCIAL, G.R. No. 176006, March
26, 2010)

19. By special jurisdiction, Special Agrarian Courts exercise power in

addition to or over and above the ordinary jurisdiction of the RTC, such as
taking cognizance of suits involving agricultural lands located outside their
regular territorial jurisdiction, so long as they are within the province where
they sit as Special Agrarian Courts. (LAND BANK OF THE PHILIPPINES
v. CORAZON VILLEGAS, G.R. No. 180384, March 26, 2010)

20. The exclusive jurisdiction to classify and identify landholdings for

coverage under the CARP is reposed in the DAR Secretary. The matter of
CARP coverage is strictly part of the administrative implementation of the
CARP, a matter well within the competence of the DAR Secretary.
(ALANGILAN REALTY & DEVELOPMENT CORPORATION v. OFFICE
OF THE PRESIDENT, et al., G.R. No. 180471, March 26, 2010)

21. The RTC, after hearing the evidence of the parties, dismissed the
case, holding that Doa Rosana Realty and its president were buyers of the
property in good faith and Molave Development did not have a cause of
action against them. Clearly, The RTC did not dismiss the case on the
ground that the complaint did not state a cause of action, which is an
entirely different matter. (DOA ROSA REALTY AND DEVELOPMENT
CORPORATION AND SYKAKIENG v. MOLAVE DEVELOPMENT
CORPORATION, G.R. No. 180523, March 26, 2010)

22. Law enforcers and public officers have the duty to preserve the chain
of custody over the seized drugs. This guarantee of the integrity of the
evidence to be used against an accused goes to the very heart of his
fundamental rights. (PEOPLE OF THE PHILIPPINES v. RONALDO DE
GUZMAN, G.R. No. 186498, March 26, 2010)

23. The general rule is, if what is being questioned is the correctness of
the number of votes for each candidate, the best and most conclusive
 evidence is the ballots themselves. However, this rule applies only if the
ballots are available and their integrity has been preserved from the day of
elections until revision. (BAI SANDRA S.A. SEMA v. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND DIDAGEN P.
DILANGALEN G.R. No. 190734, March 26, 2010)

24. Acts which affect the performance of duties as an officer of the court
and taints the judiciarys integrity should be punished accordingly.
(ROLAND ERNEST MARIE JOSE SPELMANS v. JUDGE GAYDIFREDO
T. OCAMPO, A.M. No.MTJ-07-1663, March 26, 2010)

25. The law does not intend to place local government officials in the
difficult position of having to choose between disobeying a reassignment
order or keeping an allowance. Thus, absent a legal basis for its
discontinuance, a government official who has been reassigned is still
entitled to receive RATA. (DEPARTMENT OF BUDGET AND
MANAGEMENT v. OLIVIA LEONES, G.R. No. 169726, March 18,
2010)

26. Sequestration is simply a provisional remedy. It is an extraordinary

measure intended to prevent the destruction, concealment or dissipation of
sequestered properties, and thereby to conserve and preserve them,
pending the judicial determination in the appropriate proceeding of whether
the property was in truth ill-gotten. (YKR CORPORATION AND HEIRS OF
LUISA YULO v. SANDIGANBAYAN AND REPUBLIC OF THE
PHILIPPINES, G.R. No. 162079, March 18, 2010)

27. Prohibition against the President or Acting President making

appointments within two months before the next presidential elections and
up to the end of the Presidents or Acting Presidents term does not refer to
the Members of the Supreme Court. (ARTURO DE CASTRO v. JUDICIAL
AND BAR COUNCIL AND PRES. GLORIA MACAPAGAL-ARROYO, G. R.
No. 191002, March 17, 2010)

28. It has been frequently decided, and it may be stated as a general rule
recognized by all the courts, that statutes providing for election contests are
to be liberally construed, to the end that the will of the people in the choice
of public officers may not be defeated by merely technical objections.
(PEDRO MANZA et al. v. EDUARDO GUTIERREZ DAVID, et al. , G. R.
No. 42181, March 15, 2010)
29. The issuance of a preventive suspension comes well within the scope
of the MTRCBs authority and functions expressly set forth in PD 1986.
(ELISEO SORIANO v. MA. CONSOLIZA LAGUARDIA, et al., G.R. No.
164785, March 15, 2010)

30. A city that has attained a population of 250,000 is entitled to a

legislative district only in the immediately following election. In short, a
city must first attain the 250,000 population, and thereafter, in the
immediately following election, such city shall have a district
representative. (VICTORINO ALDABA v. COMMISSION ON
ELECTIONS, G.R No. 188078. March 15, 2010)

31. The National Power Corporation is not exempt from the payment of
filing/ docket fees. It can no longer invoke Republic Act No. 6395 (NPC
Charter), as amended by Presidential Decree No. 938, as its basis for
exemption from the payment of legal fees. (IN RE: EXEMPTION OF THE
NATIONAL POWER CORPORATION FROM PAYMENT OF FILING/
DOCKET FEES, A.M. No. 05-10-20-SC, March 10, 2010)

32. Misconduct generally means wrongful, unlawful conduct, motivated

by a premeditated, obstinate or intentional purpose. Thus, any
transgression or deviation from the established norm, whether it be work-
related or not, amounts to misconduct. (PRISCILLA HERNANDO v.
JULIANA BENGSON, A.M. No.P-09-2686, March 10, 2010)

33. RA 7160 requires that where the head of the

office or department requesting the requisition sits in a dual capacity,
the participation of a Sanggunian member (elected from among the
members of the Sanggunian) is necessary. (ROLANDO SISON v. PEOPLE
OF THE PHILIPPINES, G.R. No. 170339, March 9, 2010)

34. 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. (PEZA
BOARD OF DIRECTORS AND LILIA DE LIMA v. GLORIA MERCADO ,
G.R. No. 172144, March 9, 2010)
35. One of the requisites for the issuance of a writ of preliminary
injunction is that the applicant must have a right in esse. A right in esse is a
clear and unmistakable right to be protected, one clearly founded on or
granted by law or is enforceable as a matter of law. The existence of a right
to be protected, and the acts against which the writ is to be directed are
violative of said right must be established.( EUGENE LIM v. BPI
AGRICULTURAL DEVELOPMENT BANK, G.R. No. 179230, March 9,
2010)

36. The constitutional right to a speedy disposition of cases is not

limited to the accused in criminal proceedings but extends to all parties in
all cases, including civil and administrative cases, and in all proceedings,
including judicial and quasi-judicial hearings. (CAPT.
WILFREDOROQUERO v. THE CHANCELLOR OF UP MANILA, et al.,
G.R. No. 181851, March 9, 2010)

37. It is a universal principle of law that an injunction will not issue to

restrain the performance of an act already done. This is so for the simple
reason that nothing more can be done in reference thereto. A writ of
injunction becomes moot and academic after the act sought to be enjoined
has already been consummated. (JOSEPH BERNARDEZ v. COMMISSION
ON ELECTIONS AND AVELINO TOELAN, G.R. No. 190382, March 9,
2010)

38. Judicial review is permitted if the courts believe that there is

substantial evidence supporting the claim of citizenship, so substantial that
there are reasonable grounds for the belief that the claim is correct. When
the evidence submitted by a deportee is conclusive of his citizenship, the
right to immediate review should be recognized and the courts should
promptly enjoin the deportation proceedings. (DEPARTMENT OF JUSTICE
SECRETARY RAUL GONZALEZ, et al. v. MICHAEL ALFIO PENNISI ,
G.R. No. 169958, March 5, 2010)

39. If the Court were to tabulate the results reflected in the ERs, it would,
in effect, convert itself into a board of canvassers. This would entail
a function which, obviously, this Court, in a petition for certiorari, cannot
perform. (JESUS TYPOCO v. COMMISSION ON ELECTIONS, et al. , G.R.
No. 186359, March 5, 2010)
40. The constitutional mandate to protect and promote the right of all
citizens to quality education at all levelsis directed to the State and not to
the school. (THE PARENTS-TEACHERS ASSOCIATION (PTA) OF ST.
MATHEW CHRISTIAN ACADEMY, et al. v. THE METROPOLITAN
BANK AND TRUST CO., G.R. No. 176518. March 2, 2010)

41. Due process, simply requires: 1) the right to notice 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. (MAYOR
ABRAHAM N. TOLENTINOv. COMMISSION ON ELECTIONS
(COMELEC) et. al.
G.R. Nos. 187958, 187961, and 187962, April 7, 2010)

42. In administrative proceedings, procedural due process has been

recognized to include the following: (1) the right to actual or constructive
notice of the institution of proceedings which may affect a respondents
legal rights; (2) a real opportunity to be heard personally or with the
assistance of counsel, to present witnesses and evidence in ones favor, and
to defend ones rights; (3) a tribunal vested with competent jurisdiction and
so constituted as to afford a person charged administratively a reasonable
guarantee of honesty as well as impartiality; and (4) a finding by said
tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained in the records or made known
to the parties affected. (SPO1 LEONITO ACUZAR v. APRONIANO
JOROLAN and HON. EDUARDO A. APRESA, PEOPLES LAW
ENFORCEMENT BOARD (PLEB), G.R. No. 177878, April 7, 2010)

43. The Constitutional provision draws 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. (SENATOR BENIGNO SIMEON C. AQUINO III
and MAYOR JESSE ROBREDO v. COMMISSION ON ELECTIONS , G.R.
No. 189793, April 7, 2010)
44. The prohibition against the President or Acting President to make
appointments within two months before the next presidential elections and
up to the end of the Presidents or Acting Presidents term does not refer to
the Members of the Supreme Court. (ARTURO M. DE CASTRO v.
JUDICIAL AND BAR COUNCIL AND PRESIDENT GLORIA
MACAPAGAL-ARROYO, G. R. No. 191002, April 20, 2010)

45. The power of the President to reorganize the Executive Branch

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. v. EDUARDO R. ERMITA, G.R. No. 166620, April 20, 2010)

46. Compensation and benefits of public officers are not intended purely
for the personal benefit of officers neither is 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. (RAMON R. YAP v. COMMISION ON
AUDIT, G.R. No. 158562, April 23, 2010)

47. The discretion to allow execution pending reconsideration belongs to

the division that rendered the assailed decision, order or resolution, or the
COMELEC en banc, as the case may be not to the Presiding Commissioner.
(MAYOR QUINTIN B. SALUDAGA v. COMMISSION ON ELECTIONS
AND ARTEMIO BALAG, G.R. Nos. 189431 & 191120, April 7, 2010)

48. Moral disapproval, without more, is not a sufficient governmental interest

to justify exclusion of homosexuals from participation in the party-list
system. (ANG LADLAD LGBT PARTY v COMMISSION ON ELECTIONS,
G.R. No. 190582, April 8, 2010)

49. Unless it is shown that the questioned acts were done in a capricious and
whimsical exercise of judgment evidencing a clear case of grave abuse of
discretion amounting to lack or excess of jurisdiction, this Court will not interfere
in the findings of probable cause determined by the Ombudsman. (ROBERTO B.
KALALO v. OFFICE OF THE OMBUDSMAN, ERNESTO M. DE CHAVEZ
AND MARCELO L. AGUSTIN, G.R. No. 158189, April 23, 2010)
50. Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud;
untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud, deceive
or betray. (NATIONAL POWER CORPORATION v. ALAN A. OLANDESCA,
G.R. No. 171434, April 23, 2010)

51. Our Constitution, in using the expressions all workers and no officer or
employee, puts no distinction between a probationary and a permanent or
regular employee which means that both probationary and permanent employees
enjoy security of tenure. Probationary employees enjoy security of tenure in the
sense that during their probationary employment, they cannot be dismissed
except for cause or for failure to qualify as regular employees. (CIVIL SERVICE
COMMISSION (CSC) vs. GREGORIO MAGNAYE, JR., G.R. No. 183337,
April 23, 2010)

52. Non-application of the condonation doctrine to appointive officials does not

violate the right to equal protection of the law. (ATTY. VICENTE E.
SALUMBIDES, JR., and GLENDA ARAA v. OFFICE OF THE
OMBUDSMAN, et al., G.R. No. 180917, April 23, 2010)

53. 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. (LUIS A. ASISTIO v. HON. THELMA
CANLAS TRINIDAD-PE AGUIRRE, G.R. No. 191124, April 27, 2010)

54. The State is the sole judge to decide whether to prosecute claims on
behalf of an individual. It retains, in this respect, a discretionary power the
exercise of which may be determined by considerations of a political or
other nature, unrelated to the particular case. (ISABELITA C. VINUYA, et
al. v. THE HONORABLE EXECUTIVE SECRETARY ALBERTO G.
ROMULO, G.R. No. 162230, April 28, 2010)

55. 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 Section 6(8)
of Republic Act No. 7941 provides for two (2) separate reasons for delisting.
(PHILIPPINE GUARDIANS BROTHERHOOD, INC. (PGBI) v.
COMMISSION ON ELECTIONS, G.R. No.190529, April 29, 2010)

56. Administrative liability attaches so long as there is some evidence

adequate to support the conclusion that acts constitutive of the
 administrative offense have been performed (or have not been performed).
(HON. PRIMO C. MIRO v. REYNALDO M. DOSONO, G.R. No. 170697,
April 30, 2010)

57. Even in administrative cases, a degree of moral certainty is necessary

to support a finding of liability. (OFFICE OF THE OMBUDSMAN v.
RODOLFO ZALDARRIAGA, G.R. No. 175349, June 22, 2010)

58. Although the formula found in Section 17 of the CARL may be justly
adopted in certain cases, it is by no means the only formula that the court
may adopt in determining just compensation. (LAND BANK OF THE
PHILIPPINES v. FORTUNE SAVINGS AND LOAN ASSOCIATION, INC.,
REPRESENTED BY PHILIPPINE DEPOSIT INSURANCE
CORPORATION, G.R. No. 177511, June 29, 2010)

59. The issuance of Memorandum No. 88, which addresses the unabated
conversion of prime agricultural lands for real estate development because
of the worsening rice shortage in the country, was made pursuant to the
general welfare of the public, thus, it cannot be argued that it was made
without any basis. CHAMBER OF REAL ESTATE AND BUILDERS
ASSOCIATIONS, INC. (CREBA) v. THE SECRETARY OF AGRARIAN
REFORM, G.R. No. 183409. June 18, 2010)

60. Administrative IRRs adopted by a particular department of the

Government under legislative authority must be in harmony with the
provisions of the law, and should be for the sole purpose of carrying the
laws general provisions into effect. The law itself cannot be expanded by
such IRRs, because an administrative agency cannot amend an act of
Congress. (LUIS LOKIN v. COMMISSION ON ELECTIONS AND THE
HOUSE OF REPRESENTATIVES, et al., G.R. Nos. 179431-32, June 22,
2010)

61. RA No. 7941, the Party-List System Act, covers all youth sector
nominees vying for party-list representative seats. A nominee of the youth
sector must at least be twenty-five (25) but not more than thirty (30) years of
age on the day of the election. (MILAGROS AMORES v. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND EMMANUEL
VILLANUEVA, G.R. No. 189600, June 29, 2010)

62. By specific provision of law, it is 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. (PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA)
 v. JOSEPH CARANTES, ROSE CARANTES, AND ALL OTHER HEIRS OF
MAXIMINOCARANTES, G.R. No. 18127, June 23, 2010)

63. The PCGG 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,
which cannot be later withdrawn without mutual consent. (JESUS DISINI v.
SANDIGANBAYAN, G.R. No. 180564, June 22, 2010)

64. To sue as a citizen, three factors are relevant 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. (ALAN PAGUIA v. OFFICE OF THE
PRESIDENT, et al., G.R. No. 176278, June 25, 2010)

65. A search warrant may readily be obtained when the search is made in
a store, dwelling house or other immobile structure. But it is impracticable
to obtain a warrant when the search is conducted on a mobile ship, on an
aircraft, or in other motor vehicles since they can quickly be moved out of
the locality or jurisdiction where the warrant must be sought. (PEOPLE OF
THE PHILIPPINES v. BELEN MACARIOS, G.R. No. 188611, June 16,
2010)

66. 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. v. OFFICE OF THE PRESIDENT, G.R. No.
170623, July 7, 2010)

67. Where a dwelling qualifies as a residence i.e., the dwelling where a

person permanently intends to return to and to remain his or her capacity
or inclination to decorate the place, or the lack of it, is
immaterial. (ABRAHAM KAHLIL B. MITRA v. COMELEC, et al., G.R.
No. 191938, July 2, 2010)

68. It is not the registration of the act of election Philippine citizenship,

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. (BALGAMELO
CABILING MA, et al. v. COMMISSIONER ALIPIO F. FERNANDEZ, JR.,
et al., G.R. No. 183133, July 26, 2010)
69. The only instance when double jeopardy will not attach is when the
RTC 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. (PEOPLE OF THE
PHILIPPINES v. DANTE TAN, G.R. No. 167526, July 26, 2010)

70. The rule on primary jurisdiction applies only where the administrative
agency exercises quasi-judicial or adjudicatory functions. (UNIVERSITY OF
SANTO TOMAS, GLENDA A. VARGAS, et al. v. DANES B. SANCHEZ,
G.R. No. 165569, July 29, 2010)

71. Government workers, whatever their ranks, 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. (GSIS AND WINSTON F.
GARCIA, IN HIS CAPACITY AS PRES. & GEN. MANAGER OF GSIS v.
DINNAH VILLAVIZA, et al., G.R. No. 180291, July 27, 2010)

72. Reorganization is valid provided that it is done in good faith. As a

general rule, the test of good faith lies in whether the purpose of the
reorganization is for economy or to make the bureaucracy more
efficient. Removal from office as a result of reorganization must, thus, pass
the test of good faith. (VIRGINIA BAUTISTA v. CIVIL SERVICE
COMMISSION AND DEVELOPMENT BANK OF THE PHILIPPINES,
G.R. No. 185215, July 22, 2010)

73. A government contract is essentially similar to a private contract

contemplated under the Civil Code. The legal requisites of consent of the
contracting parties, an object certain which is the subject matter, and cause
or consideration of the obligation must likewise concur. Otherwise, there is
no government contract to speak of. (SARGASSO CONSTRUCTION &
DEVELOPMENT CORPORATION, et al. v. PHILIPPINE PORTS
AUTHORITY, G.R. No. 170530. July 5, 2010)

74. Under the Local Government Code, the municipal mayor is required to
secure the prior authorization of the Sangguniang Bayan before entering
into a contract in behalf of the municipality. (MUNICIPALITY OF TIWI
AND SANGGUNIANG BAYAN OF TIWI v. ANTONIO B. BETITO, G.R.
No. 171873, July 9, 2010)

75. Being merely a rectifying issuance and not a rezoning enactment, the
questioned Resolution did not have to comply with the mandatory
requirements of notice and hearing. (THE LEARNING CHILD, INC., et al.
v. AYALA ALABANG VILLAGE ASSOCIATION, et al., G.R. Nos. 134269,
134440, 144518, July 7, 2010)
76. The Ombudsman has concurrent jurisdiction with the Sangguniang
Bayan over administrative cases against elective barangay officials
occupying positions below salary grade 27. (OFFICE OF THE
OMBUDSMAN v. ROLSON RODRIQUEZ, G.R. No. 172700. July 23,
2010)

77. Unless public land is shown to have been reclassified or alienated to a

private person by the State, it remains 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. (REPUBLIC OF THE PHILIPPINES v. DOMINGO
ESPINOSA, G.R. No. 176885, July 5, 2010)

78. Like all the constitutional guarantees, the right to information is not
absolute. The people's right to information is limited to "matters of public
concern," and is further "subject to such limitations as may be provided by
law." (HAZEL MA. C. ANTOLIN v. ABELARDO R. DOMONDON, et al.,
G.R. No. 165036, July 5, 2010)

79. Legal standing or locus standi 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. (CHAMBER OF
REAL ESTATE AND BUILDERS' ASSOCIATION, INC. v. ENERGY
REGULATORY COMMISSION, et al., G.R. No. 174697, July 8, 2010)

80. In administrative cases, the requisite proof is substantial

evidence, i.e., that amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion. (JOEPHIL C. BIEN v.
PEDRO B. BO, G.R. No. 179333. August 3, 2010)

81. A decision rendered without due process is void ab initio and may
be attacked at anytime directly or collaterally by means of a separate
action, or by resisting such decision in any action or proceeding where it
is invoked. (WINSTON F. GARCIA v. MARIO MOLINA AND ALBERT
VELASCO, G.R. No. 157383, August 10, 2010)

82. A permanent appointment implies the holding of a civil service

eligibility on the part of the appointee, unless the position involved
requires no such eligibility. Where the appointee does not possess a civil
service eligibility, the appointment is considered temporary. The
 subsequent acquisition of the required eligibility will not make the
temporary appointment regular or permanent; a new appointment is
needed. (JUSTINA MANIEBO v. COURT OF APPEALS, G.R. No.
158708, August 10, 2010)

83. The rationale for upholding the validity of union shop clauses in a
CBA, even if they impinge upon the individual employees right or
freedom of association, is not to protect the union for the unions
sake. Laws and jurisprudence promote unionism and afford certain
protections to the certified bargaining agent in a unionized company
because a strong and effective union presumably benefits all employees
in the bargaining unit since such a union would be in a better position to
demand improved benefits and conditions of work from the
employer. (BANK OF THE PHILIPPINE ISLANDS v. BPI
EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS
IN BPI UNIBANK, G.R. No. 164301. August 10, 2010)

84. 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, like the Cityhood Laws. (LEAGUE
OF CITIES OF THE PHILIPPINES v. COMELEC, G.R. No.
176951, August 24, 2010)

85. As a rule, this Court may only adjudicate actual, ongoing

controversies. The Court 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. In
other words, when a case is moot, it becomes non-justiciable. (ATTY.
EVILLO C. PORMENTO v. JOSEPH "ERAP" EJERCITO ESTRADA
AND COMELEC, G.R. No. 191988, August 31, 2010)

86. The Indeterminate Sentence Law l does not apply to persons

sentenced to Reclusion Perpetua. (LENIDO LUMANOG AND AUGUSTO
SANTOS v. PEOPLE OF THE PHILIPPINES, G.R. Nos. 182555, 185123,
187745, September 07, 2010)

87. The right to counsel is not always imperative in administrative

investigations. (CLARITA J. CARBONEL v. CIVIL SERVICE
COMMISSION, G.R. No. 187689, September 07, 2010)

88. The doctrine of command responsibility is a rule of substantive law

that establishes liability and, by this account, cannot be a proper legal basis
 to implead a party-respondent in an amparo petition. (IN THE MATTER OF
THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF
HABEAS DATA IN FAVOR OF MELISSA C. ROXAS, MELISSA C. ROXAS
v. GLORIA MACAPAGAL-ARROYO, et al., G.R. No. 189155, September
07, 2010)

89. With regard to pollution-related matters, an administrative recourse

to the Pollution Adjudication Board (PAB) must first be made before filing
the complaint with the regular courts. (SHELL PHILIPPINES
EXPLORATION B.V., v. EFREN JALOS, et al., G.R. No. 179918,
September 08, 2010)

90. There is a tremendous difference between the degree of responsibility,

care, and trustworthiness expected of a clerk or ordinary employee in the
bureaucracy and that required of bank managers, cashiers, finance officers,
and other officials directly handling large sums of money and properties.
(SALVADOR O. ECHANO, JR. v. LIBERTY TOLEDO, G.R. No. 173930,
September 15, 2010)

91. The Retail Trade Liberalization Act of 2000 R.A. 8762 is valid and
constitutional. While Section 19, Article II of the 1987 Constitution requires
the development of a self-reliant and independent national economy
effectively controlled by Filipino entrepreneurs, it does not impose a policy
of Filipino monopoly of the economic environment. Neither does the
lessening of restrainton the foreigners' right to property or to engage in an
ordinarily lawful business, amounts to a denial of the Filipinos' right to
property and to due process of law. (REPRESENTATIVES GERARDO S.
ESPINA, et al. v. HON. RONALDO ZAMORA, JR. (EXECUTIVE
SECRETARY), et.al
G.R. No. 143855, September 21, 2010

92. Since the ownership over the subject lands had been vested in Central
Mindanao University as early as 1958, said lands have ceased to be
alienable public lands. Consequently, transferring the lands in 2003 to the
indigenous peoples around the area is not in accord with the IPRA.
(CENTRAL MINDANAO UNIVERSITY v. THE HONORABLE
EXECUTIVE SECRETARY, et.al, G.R. No. 184869, September 21, 2010)

93. The COMELEC is mandated to make the source codes for the AES
technologies it selected for implementation pursuant to R.A. 9369
immediately available to CenPEG and all other interested political parties or
groups for independent review. (CENTER FOR PEOPLE
EMPOWERMENT IN GOVERNANCE v. COMMISSION ON ELECTIONS,
G.R. No. 189546, September 21, 2010)
94. Since LGUs are subject only to the power of general supervision of the
President, the grant of additional compensation like hospitalization and
health care insurance benefits does not need the approval of the President
to be valid. (THE PROVINCE OF NEGROS OCCIDENTAL v. THE
COMMISSIONERS, COMMISSION ON AUDIT, et.al, G.R. No. 182574,
September 28, 2010)

95. For purposes of appointments to the judiciary, 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.
(RE: SENIORITY AMONG THE FOUR (4) MOST RECENT
APPOINTMENTS TO THE POSITION OF ASSOCIATE JUSTICES OF
THE COURT OF APPEALS, A.M. No. 10-4-22-SC, September 28, 2010)

96. 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 DepEd. Corollary, the power of the Ombudsman to
determine and impose administrative liability is not merely recommendatory
but actually mandatory. (OFFICE OF THE OMBUDSMAN v. PEDRO
DELIJERO, JR, G.R. No. 172635, October 20, 2010)

97. By explicit provision of law, the Toll Regulatory Board was given the
power to grant administrative franchise for toll facility projects. (ERNESTO
B. FRANCISCO, JR. AND JOSE MA. O. HIZON v. TOLL REGULATORY
BOARD, et al., G.R. No. 166910, October 19, 2010)

98. Although the COMELEC is admittedly the final arbiter of all factual
issues as the Constitution and the Rules of Court provide, in the presence of
grave abuse of discretion, however, the Courts constitutional duty is to
intervene and not to shy away from intervention simply because a
specialized agency has been given the authority to resolve the factual issues.
(ABRAHAM KAHLIL B. MITRA v. COMMISSION ON ELECTIONS,
et.al., G.R. No. 191938, October 19, 2010)

99. The just compensation due to the landowners for their expropriated
property amounted to an effective forbearance on the part of the State.
Thus, the applicable interest rate at 12% per annum, computed from the
time the property was taken until the full amount of just compensation was
paid. (APO FRUITS CORPORATION AND HIJO PLANTATION, INC., v.
LAND BANK OF THE PHILIPPINES, G.R. No. 164195, October 12,
2010
100. The failure to remit the funds in due time amounts to dishonesty and
grave misconduct which are both punishable with dismissal from service.
(OFFICE OF THE COURT ADMINISTRATOR v. MARCELA V. SANTOS,
A.M. No. P-06-2287, October 12, 2010)

101. It is settled that the determination of just compensation is a judicial

function. The Department of Agrarian Reforms's land valuation is only
preliminary and is not, by any means, final and conclusive upon the
landowner or any other interested party. (LAND BANK OF THE
PHILIPPINES v. GLENN Y. ESCANDOR, et.al., G.R. No. 171685,
October 11, 2010)

102. 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. (ATTY. ALICE ODCHIGUE-BONDOC v. TAN
TIONG BIO A.K.A. HENRY TAN, G.R. No. 186652, October 06, 2010)

103. Consistent with the presumption of regularity, a magistrate's

determination of a probable cause for the issuance of a search warrant is
paid with great deference by a reviewing court as long as there was
substantial basis for that determination. (PEOPLE OF THE PHILIPPINES
v. OLIVE RUBIO MAMARIL, G.R. No. 171980, October 06, 2010)

104. An appeal shall not stop the decision from being executory.
Consequently, a decision of the Office of the Ombudsman in administrative
cases shall be executed as a matter of course. (OFFICE OF THE
OMBUDSMAN v. JOEL S. SAMANIEGO , G.R. No. 175573, October 05,
2010)

105. The doctrines of strict scrutiny, overbreadth, and vagueness are

analytical tools developed for testing "on their faces" statutes in free speech
cases. They cannot be made to do service when what is involved is a criminal
statute. (SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC.,
v. ANTI-TERRORISM COUNCIL, et.al., G.R. No. 178552, October 05,
2010)

106. In the exercise of police power, the State can regulate the rates
imposed by a public utility such as SURNECO. Hence, the ERC simply
performed its mandate to protect the public interest imbued in those rates.
(SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC. (SURNECO)
v. ENERGY REGULATORY COMMISSION, G.R. No. 183626, October
04, 2010)
107. The Ombudsman, in dismissing a complaint carries the duty of
explaining the basis for his action; he must determine that the complainant
had failed to establish probable cause. (PRESIDENTIAL AD HOC FACT-
FINDING COMMITTEE ON BEHEST LOANS THRU THE
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. HON.
ANIANO DESIERTO, IN HIS CAPACITY AS OMBUDSMAN, et.al., G.R.
No. 148269, November 22, 2010)

108. The CES covers presidential appointees only. Corollarily, as the

position of Assistant Department Manager II does not require appointment
by the President of the Philippines, it does not fall under the CES. (CIVIL
SERVICE COMMISSION v. COURT OF APPEALS AND PHILIPPINE
CHARITY SWEEPSTAKES OFFICE, G.R. No. 185766, November 23,
2010)

109. Memorandum Order No. 99-003, prohibiting its employees from

charging and collecting overtime fees from PEZA-registered enterprises, is
an internal regulation that clearly falls within the administrative rules and
regulations exempted from the publication requirement. (IRENE K. NACU,
SUBSTITUTED BY BENJAMIN M. NACU, et al. v. CIVIL SERVICE
COMMISSION AND PHILIPPINE ECONOMIC ZONE AUTHORITY, G.R.
No. 187752, November 23, 2010)

110. The Presidential Electoral Tribunal (PET) was constituted in

implementation of Section 4, Article VII of the Constitution, and it faithfully
complies - not unlawfully defies - the constitutional directive. As intended by
the framers of the Constitution, is to be an institution independent, but not
separate, from the judicial department, i.e., the Supreme Court. (ATTY.
ROMULO B. MACALINTAL v. PRESIDENTIAL ELECTORAL
TRIBUNAL, G.R. No. 191618, November 23, 2010)

111. PCGG may not delegate to its representatives and subordinates its
authority to sequester and any such delegation is invalid and ineffective.
(REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN (FOURTH
DIVISION) AND IMELDA R. MARCOS, G.R. No. 155832, December 07,
2010)

112. The House of Representatives Electoral Tribunal (HRET) has

jurisdiction to pass upon the qualifications of party-list nominees after their
proclamation and assumption of office; they are, for all intents and purposes,
"elected members" of the House of Representatives. (WALDEN F. BELLO
AND LORETTA ANN P. ROSALES v. COMMISSION ON ELECTIONS,
G.R. No. 191998, December 07, 2010)
113. Executive Order No. 1, Creating the Philippine Truth Commission of
2010 is declared unconstitutional insofar as it is violative of the equal
protection clause of the Constitution. (LOUIS "BAROK" C. BIRAOGO v.
THE PHILIPPINE TRUTH COMMISSION OF 2010, G.R. No. 193036,
December 07, 2010)

114. 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. (ELENITA C. FAJARDO v.
PEOPLE OF THE PHILIPPINES, G.R. No. 190889, January 10, 2011)

115. A settled exception of the right to be secure against unreasonable

searches and seizures is that of an arrest made during the commission of a
crime, which does not require a warrant. (PEOPLE OF THE
PHILIPPINES v. NGYIK BUN, KWOK WAI CHENG et al., G.R. No.
180452, January 10, 2011)

116. While the construction project is void for failing to meet the
requirements of the law, payment must be made as to disallow the same
would be to allow the government to unjustly enrich itself at the expense of
another. (GREGORIO R. VIGILAR v. ARNULFO D. AQUINO, G.R. No.
180388, January 18, 2011)

117. When the position is not among those enumerated in Section 7,

Chapter 2, Book V, Title 1 (Subtitle A) of Executive Order No. 292, otherwise
known as The Revised Administrative Code of 1987, the appointment in
order to be valid does not require presidential appointment. (MODESTO
AGYAO, JR. v. CIVIL SERVICE COMMISSION, G.R. No. 182591,
January 18, 2011)

118. It is a settled rule that the nature and character of the land at the
time of its taking is the principal criterion for determining how much just
compensation should be given to the landowner. (MOISESTINIO, JR. AND
FRANCIS TINIO v. NATIONAL POWER CORPORATION, G.R. No.
160923, January 24, 2011)

119. As a rule, judgement of acquittal cannot be reconsidered because it

places the accused under double jeopardy. In order to come under the
exceptional cases where a judgement of acquittal may be reconsidered by
the court, it is not enough that the party invoke the exceptions he must be
able to bring his pleas for reconsideration under such exceptions.
(ANTONIO LEJANO v. PEOPLE OF THE PHILIPPINES, G.R. Nos.
176389 and 176864, January 18, 2011)
120. The structure of the Philippine National Red Cross is sui generis being
neither strictly private nor public in nature. (DANTE V. LIBAN, et al. v.
RICHARD J. GORDON, PHILIPPINE NATIONAL RED CROSS, G. R. No.
175352, January 18, 2011)

121. When the alleged inadmissible statement was spontaneously made by

petitioner and was not at all elicited through questioning during custodial
investigation, the statement is admissible against him. (BENJAMIN
JESALVA v. PEOPLE OF THE PHILIPPINES, G.R. No. 187725, January
19, 2011)

122. Transport as used under the Dangerous Drugs Act is defined to

mean to carry or convey from one place to another. The evidence in this
case shows that at the time of their arrest, accused-appellants were caught
in flagrante carrying/transporting dried marijuana leaves in their traveling
bags. (PEOPLE OF THE PHILIPPINES v. NELIDA DEQUINA Y
DIMAPANAN et al., G.R. No. 177570, January 19, 2011

123. Nowhere in the Section 40 of the Local Government Code will one find
defective certificate of candidacy as a ground for disqualifying a candidate.
Nor does it specify that a defective notarization is a ground for the
disqualification of a candidate. (SERGIO G. AMORA, JR. v. COMMISSION
ON ELECTIONS and ARNIELO S. OLANDRIA, G.R. No. 192280,
January 25, 2011)

124. When a public official has been found guilty of an administrative

charge by the Office of the Ombudsman and the penalty imposed is
suspension for more than a month, an appeal may be made to the CA.
However, such appeal shall not stop the decision from being executory and
the implementation of the decision follows as a matter of course. (OFFICE
OF THE OMBUDSMAN v. COURT OF APPEALS and DINAH C.
BARRIGA, G.R. No. 172224, January 26, 2011)

125. The fundamental test in determining the adequacy of the averments in

an information is whether the facts alleged, if hypothetically admitted, would
establish the essential elements of the crime. (PEOPLE OF THE
PHILIPPINES v. ROBERT P. BALAO, et al., G.R. No. 176819, January
26, 2011)

126. Mere misdeclaration of the SALN does not automatically amount to

dishonesty. Only when the accumulated wealth becomes manifestly
disproportionate to the employees income or other sources of income and
the public officer/employee fails to properly account or explain his other
sources of income, does he become susceptible to dishonesty. (OFFICE OF
 THE OMBUDSMAN v. NIETO A. RACHO, G.R. No. 185685, January 31,
2011)

127. 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, 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. BAYAN MUNA v. ALBERTO
ROMULO, AND BLAS F. OPLE, G.R. No. 159618, February 1, 2011)

128. Just compensation determined in accordance with RA 6657, and not

PD 27 or EO 228, is especially imperative considering that just
compensation should be the full and fair equivalent of the property taken
from its owner by the expropriator, the equivalent being real, substantial,
full and ample. (LAND BANK OF THE PHILIPPINES v. MAGIN
FERRER, ATTY. RAFAEL VILLAROSA, G.R. No. 172230, February 2,
2011)

129. An employee who was preventively suspended will still be entitled to

step increment after serving the time of his preventive suspension even if
the pending administrative case against him has not yet been resolved or
dismissed ((THE BOARD OF TRUSTEES OF THE GOVERNMENT
SERVICE INSURANCE SYSTEM AND WINSTON F. GARCIA v. ALBERT
M. VELASCO AND MARIO I. MOLINA, G.R. No. 170463, February 2,
2011)

130. It is well settled that findings of fact of quasi-judicial agencies, such as

the Commission of Audit, 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. (RUBEN REYNA
AND LLOYD SORIA v. COMMISSION ON AUDIT, G.R. No. 167219,
February 8, 2011)

131. The Office of the Solicitor General - deputized counsel may file a
notice of appeal. (SOUTH PACIFIC CORPORATION AND SOUTH EAST
ASIA SUGAR MILL CORPORATION v. COURT OF APPEALS AND
SUGAR REGULATORY ADMINISTRATION, G.R. No. 180462, February
9, 2011)

132. A person who administered the oath may be guilty of the crime of
falsification of a public document if it is proved that he has knowledge of the
 facts constituting the falsity in a document and in spite of the same he still
administered said oath. (ROSALIO S. GALEOS v. PEOPLE OF THE
PHILIPPINES, G.R. Nos. 174730-37, 174845-52, February 9, 2011)

133. The decision of the Ombudsman is immediately executory pending

appeal and may not be stayed by the filing of an appeal or the issuance of an
injunctive writ. Section 7, Rule III of the Rules of Procedure of the Office of
the Ombudsman, as amended by Administrative Order No. 17 dated
September 15, 2003 ((ROQUE C. FACURA and EDUARDO F. TUASON v.
COURT OF APPEALS, et al. G.R. No. 166495, February 16, 2011)

134. The determination of the existence of substantial distinction with

respect to respondent municipalities does not simply lie on the mere
pendency of their cityhood bills during the 11th Congress but measured on
the very purpose of the LGC, as provided in its Section 2 (a). Indeed,
substantial distinction lies in the capacity and viability of respondent
municipalities to become component cities of their respective provinces.
(LEAGUE OF CITIES OF THE PHILIPPINES (LCP) et al. v.
COMISSION ON ELECTIONS et al., G.R. Nos. 176951, February 15,
2011)

135. The Constitution did not intend to leave the matter of impeachment to
the sole discretion of Congress. Instead, it provided for certain well-defined
limits, or in the language of Baker v. Carr, "judicially discoverable standards"
for determining the validity of the exercise of such discretion, through the
power of judicial review. (MA. MERCEDITAS N. GUTIERREZ v. THE
HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE, et al., G.R.
No. 193459, February 15, 2011)

136. The issuance of subsequent resolutions by the Court is simply an

exercise of judicial power under Art. VIII of the Constitution, because the
execution of the Decision is but an integral part of the adjudicative function
of the Court. (METROPOLITAN MANILA DEVELOPMENT AUTHORITY
v. CONCERNED RESIDENTS OF MANILA BAY, G.R. Nos. 171947-48,
February 15, 2011)

137. While Section 10 of R.A. 6713 provides that when the head of office
finds the SALN of a subordinate incomplete or not in the proper form such
head of office must call the subordinates attention to such omission and
give him the chance to rectify the same, and such procedure is an internal
office matter. Whether or not the head of office has taken such step with
respect to a particular subordinate cannot bar the Office of the Ombudsman
from investigating the latter. (LIBERATO M. CARABEO v. THE
HONORABLE SANDIGANBAYAN (FOURTH DIVISION) AND PEOPLE
OF THE PHILIPPINES, G.R. Nos. 190580-81, February 21, 2011)
138. Since it is the COMELEC which has jurisdiction to take cognizance of
an appeal from the decision of the Regional Trial Court in election contests
involving elective municipal officials, then it is also the COMELEC which has
jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction.
(FESTO R. GALANG, JR. v. HON. RAMIRO R. GERONIMO and
NICASIO M. RAMOS, G.R. No. 192793, February 22, 2011)

139. In order that the public officer may be held guilty of giving
unwarranted advantage to another to the prejudice of the government, it
must be shown that the accused public officials did not rely on the
competence and good faith of his subordinates. (ANTONIO Y. DE JESUS,
SR., ANATOLIO A. ANG and MARTINA S. APIGO v. SANDIGANBAYAN-
FOURTH DIVISION and PEOPLE OF THE PHILIPPINES, G.R. Nos.
182539-40, February 21, 2011)

140. The doctrine of state immunity should not be extended to the

petitioner as the same is an agency of the Government not performing a
purely governmental or sovereign function, but was instead involved in the
management and maintenance of the Loakan Airport, an activity that was
not the exclusive prerogative of the State in its sovereign capacity. (AIR
TRANSPORTATION OFFICE v. SPOUSES DAVID and ELISEA RAMOS,
G.R. No. 159402, February 23, 2011)

141. Under Section 11, Article XII of the Constitution, PAGCOR's franchise
is subject to amendment, alteration or repeal by Congress such as the
amendment under Section 1 of R.A. No. 9377. Hence, the provision in
Section 1 of R.A. No. 9337, amending Section 27 (c) of R.A. No. 8424 by
withdrawing the exemption of PAGCOR from corporate income tax, which
may affect any benefits to PAGCOR's transactions with private parties, is not
violative of the non-impairment clause of the Constitution. (PHILIPPINE
AMUSEMENT AND GAMING CORPORATION (PAGCOR) v. THE
BUREAU OF INTERNAL REVENUE (BIR) et al., G.R. No. 172087,
March 15, 2011)

142. An information elicited in violation of the rights of the accused or

without a valid waiver thereof is inadmissible, and the evidence garnered as
the result of that interrogation is also inadmissible. (PEOPLE OF THE
PHILIPPINES v. FEDERICO LUCERO, G.R. No. 188705, March 02,
2011)

143. Lawyers when they teach law are considered engaged in the practice
of law. Thus, their actions as law professors must be measured against the
same canons of professional responsibility applicable to acts of members of
 the Bar as the fact of their being law professors is inextricably entwined
with the fact that they are lawyers. (RE: LETTER OF THE UP LAW
FACULTY ENTITLED "RESTORING INTEGRITY: A STATEMENT BY
THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE
OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND
MISREPRESENTATION IN THE SUPREME COURT", A.M. No. 10-10-
4-SC, March 08, 2011)

144. Reliance of the judge to the failure of his staff and even that of the
party to inform him that the latter is yet to receive the Order to Comment
will not shield him from his liability in failing to render a mere resolution to
a mere motion to recall witness. (FERDINAND C. BACOLOT v. HON.
FRANCISCO D. PAO, A.M. No. RTJ-10-2241, March 09, 2011)

145. Sheriffs are not allowed to receive any voluntary payments from
parties in the course of the performance of their duties. Corollary, a sheriff
cannot just unilaterally demand sums of money from a party-litigant without
observing the proper procedural steps; otherwise, such act would amount to
dishonesty or extortion. (DY TEBAN TRADING CO., INC. v. ARCHIBALD
C. VERGA, A.M. No. P-11-2914, March 16, 2011)

146. While the executive judge may not require court personnel to perform
work outside the scope of their job description, except duties that are
identical with or are subsumed under their present functions, the executive
judge may reassign court personnel of multiple-branch courts to another
branch within the same area of administrative supervision when there is a
vacancy or when the interest of the service requires, subject, further to the
limitation that the reassignment is not for an indefinite period.
(EXECUTIVE JUDGE LEONILO B. APITA, v. MARISSA M.
ESTANISLAO, A.M. No. P-06-2206, March 16, 2011)

147. Good faith and absence of malice, corrupt motives or improper

considerations are sufficient defenses in which a judge charged with
ignorance of the law can find refuge. (ATTY. RAFAEL T. MARTINEZ, AND
SPOUSES DAN AND EDNA REYES v. JUDGE GRACE GLICERIA F. DE
VERA, A.M. No. MTJ-08-1718, March 16, 2011)

148. The Land Bank of the Philippines is not merely a nominal party in the
determination of just compensation but an indispensable participant in such
proceedings. As such, LBP possessed the legal personality to institute a
petition for determination of just compensation. (DAVAO FRUITS
CORPORATION v. LAND BANK OF THE PHILIPPINES, G.R. No.
181566, March 09, 2011)
149. When the issues presented do not require the expertise, specialized
skills and knowledge of body but are purely legal questions which are within
the competence and jurisdiction of the Court, the doctrine of primary
jurisdiction should not be applied. (AQUILINO Q. PIMENTEL, JR., et al. v.
SENATE COMMITTEE OF THE WHOLE REPRESENTED BY SENATE
PRESIDENT JUAN PONCE ENRILE, G.R. No. 187714, March 08, 2011)

150. 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. (CANDELARIO L. VERZOSA, JR. (IN HIS FORMER
CAPACITY AS EXECUTIVE DIRECTOR OF THE COOPERATIVE
DEVELOPMENT AUTHORITY) v. GUILLERMO N. CARAGUE (IN HIS
OFFICIAL CAPACITY AS CHAIRMAN OF THE COMMISSION ON
AUDIT), et al., G.R. No. 157838, March 08, 2011)

151. The period for filing a petition for cancellation of certificate of

candidacy based on false representation is covered by Rule 23 and not Rule
25 of the COMELEC Rules of Procedure. Section 3 of Rule 25 allowing the
filing of a petition at any time after the last day for filing of COCs but not
later than the date of proclamation is merely a procedural rule that cannot
supersede Section 78 of the Omnibus Election Code (OEC). (FERNANDO V.
GONZALEZ v. COMMISSION ON ELECTIONS, et al., G.R. No. 192856,
March 08, 2011)

152. A liberal interpretation of the zoning power of city and municipal

boards and councils, as to include the power to accordingly reclassify the
lands within the zones, would be in accord with the avowed legislative intent
behind the Local Autonomy Act of 1959, which was to increase the autonomy
of local governments. (BUKLOD NANG MAGBUBUKID SA LUPAING
RAMOS, INC. v. E. M. RAMOS AND SONS, INC., G.R. No. 131481,
March 16, 2011)

153. Failure to regularly submit the corresponding reports on the

collections and deposits of court funds/fees indicates negligence. (OFFICE
OF THE COURT ADMINISTRATOR v. MS. MIRA THELMA V.
ALMIRANTE, A.M. No. P-07-2297, March 21, 2011)

154. Filing a certificate of candidacy as a party-list representative while

holding a judicial post constitutes grave misconduct with a penalty of
dismissal from service. (ASHARY M. ALAUYA v. JUDGE CASAN ALI L.
LIMBONA, A.M. No. SCC-98-4, March 22, 2011)
155. The President, Congress and the Court cannot create indirectly
franchises that are exclusive in character by allowing the Board of Directors
(BOD) of a water district and the Local Water Utilities Administration
(LWUA) to create franchises that are exclusive in character. (TAWANG
MULTI-PURPOSE COOPERATIVE v. LA TRINIDAD WATER DISTRICT,
G.R. No. 166471, March 22, 2011)

156. The COMELEC en banc had jurisdiction over the petition for
cancellation of the registration and accreditation of a party-list and not the
HRET as although it is the party-list organization that is voted for in the
elections, it is not the organization that sits as and becomes a member of the
House of Representatives, but it is the party-list nominee/representative who
sits as a member of the House of Representatives over which the HRET has
jurisdiction over. (ABC (ALLIANCE FOR BARANGAY CONCERNS)
PARTY LIST, REPRESENTED HEREIN BY ITS CHAIRMAN, JAMES
MARTY LIM v. COMMISSION ON ELECTIONS AND MELANIO
MAURICIO, JR., G.R. No. 193256, March 22, 2011)

157. Failure to disclose a spouses business interests and financial

connections in the SALN constitutes simple negligence. (PRESIDENTIAL
ANTI-GRAFT COMMISSION (PAGC) and THE OFFICE OF THE
PRESIDENT v. SALVADOR A. PLEYTO, G.R. No. 176058, March 23,
2011

158. As malice is material in a libel case, the glaring absence of

maliciousness in the assailed portion of the news article subject of this case
negates the existence of probable cause that libel has been committed by
the respondents. (ISAGANI M. YAMBOT, et al. v. HON. ARTEMIO
TUQUERO IN HIS CAPACITY AS SECRETARY OF JUSTICE, AND
ESCOLASTICO U. CRUZ, JR., G.R. No. 169895, March 23, 2011)

159. The President's act of delegating authority to the Secretary of Justice

by virtue of Memorandum Circular (MC) No. 58 is well within the purview of
the doctrine of qualified political agency. (JUDGE ADORACION G.
ANGELES v. HON. MANUEL E. GAITE et al., G.R. No. 176596, March
23, 2011)

160. The Court has time and again admonished judges to be prompt in the
performance of their solemn duty as dispenser of justice, since undue delays
erode the people's faith in the judicial system. (JOSEFINA NAGUIAT v.
JUDGE MARIO B. CAPELLAN, A. M. No. MTJ-11-1782, March 23,
2011)
161. R.A. No. 6975 is intended only to prevent the new appointee from
serving beyond the term of office of the original appointee. It does not
prohibit the new appointee from serving less than the unexpired portion of
the term as in the case of a temporary appointment. (HON. LUIS MARIO
M. GENERAL v. HON. ALEJANDRO S. URRO, IN HIS CAPACITY AS
THE NEW APPOINTEE VICE HEREIN PETITIONER, et al., G.R. No.
191560, March 29, 2011)

162. The Clerks of Court perform a very delicate function as custodian of

the court's funds, revenues, records, property and premises. They wear
many hats - those of treasurer, accountant, guard and physical plant
manager of the court, hence, they are "entrusted with the primary
responsibility of correctly and effectively implementing regulations
regarding fiduciary funds" and are thus, "liable for any loss, shortage,
destruction or impairment of such funds and property." (OFFICE OF THE
COURT ADMINISTRATOR v. ATTY. MAGDALENA L. LOMETILLO et al.,
A.M. No. P-09-2637 (Formerly A.M. No. 08-12-682-RTC), March 29,
2011)

163. In administrative proceedings, the law does not require evidence

beyond reasonable doubt or preponderance of evidence. Substantial
evidence is enough. (OFFICE OF THE OMBUDSMAN v. MANUEL P.
VALENCIA, G.R. No. 183890, April 13, 2011)

164. The decision of the Ombudsman of in finding probable cause is

reviewable by the Court when there is allegation of grave abuse of
discretion. (PRESIDENTIAL AD HOC FACT- FINDING COMMITTEE
ON BEHEST LOANS, REPRESENTED BY MAGDANGAL B. ELMA v.
HONORABLE ANIANO A. DESIERTO AS OMBUDSMAN , G.R. No.
135715, April 13, 2011)

165. Though respondent is a casual employee as contemplated under

Rule III, Section 2(f) of the Omnibus Rules on Appointments and Other
Personnel Actions, she is entitled to due process especially if they are to
be removed for more serious causes or for causes other than that
provided under Civil Service Commission Form No. 001, to wit: 1) when
their services are no longer needed; (2) funds are no longer available; (3)
the project has already been completed/finished; or (4) their performance
are below par. (PHILIPPINE CHARITY SWEEPSTAKES OFFICE
BOARD OF DIRECTORS AND REYNALDO P. MARTIN v. MARIE
JEAN C. LAPID, G.R. No. 191940, April 12, 2011)

166. A province may be created without complying with Sec. 461 of the
LGC requiring contiguous territory of at least two thousand (2,000)
 square kilometres. (RODOLFO G. NAVARRO, VICTOR F. BERNAL,
AND RENE O. MEDINA v. EXECUTIVE SECRETARY EDUARDO
ERMITA, G.R. No. 180050, April 12, 2011)

167. This Court has no power to review via certiorari an interlocutory

order or even a final resolution of a division of the COMELEC. However,
the Court held that an exception to this rule applies where the
commission of grave abuse of discretion is apparent on its face. (MARIA
LAARNI L. CAYETANO v. THE COMMISSION ON ELECTIONS AND
DANTE O. TINGA, G.R. No. 193846, April 12, 2011)

168. Misrepresentation of qualifications i.e. educational attainment and

eligibility for government service amounts to plain and simple dishonesty
as it refers to the act of intentionally making a false statement on any
material fact in securing one's appointment. (ANTONIO EXEQUIEL A.
MOMONGAN, v PRIMITIVO A. SUMAYO, A.M. No. P-10-2767, April
12, 2011)

169. The Administrative Code of 1987 expressly prohibits the entering

into contracts involving the expenditure of public funds unless an
appropriation law authorizing the expenditure required in the contract
and certification by the proper accounting official and auditor that funds
have been appropriated by law and such funds are available are attached
to the contract. (PHILIPPINE NATIONAL RAILWAYS v KANLAON
CONSTRUCTION ENTERPRISES CO., INC., G.R. No. 182967, April
06, 2011)

170. Certiorari does not lie against the Sangguniang Panglungsod,

which was not a part of the Judiciary settling an actual controversy
involving legally demandable and enforceable rights when it adopted
Resolution No. 552, but a legislative and policy-making body declaring its
sentiment or opinion. (SPOUSES ANTONIO AND FE YUSAY v. COURT
OF APPEALS, CITY MAYOR AND CITY COUNCIL OF
MANDALUYONG CITY, G.R. No. 156684, April 06, 2011)

171. The proper determination of the same is a matter of transcendental

importance. The determination of just compensation goes beyond the
private interests involved; it involves a matter of public interest - the
proper application of a basic constitutionally-guaranteed right, namely,
the right of a landowner to receive just compensation when the
government exercises the power of eminent domain in its agrarian
reform program. (APO FRUITS CORPORATION AND HIJO
 PLANTATION, INC. v. LAND BANK OF THE PHILIPPINES, G. R.
No. 164195, April 05, 2011)

172. The public officials personal liability arises only if the expenditure of
government funds was made in violation of law. (TOMAS R. OSMEA, IN
HIS PERSONAL CAPACITY AND IN HIS CAPACITY AS CITY MAYOR
OF CEBU CITY v. THE COMMISSION ON AUDIT, G.R.No. 188818 May
31, 2011)

173. An illegally terminated civil service employee is entitled to back

salaries limited only to a maximum period of five years, and not full back
salaries from his illegal termination up to his reinstatement. (ISABEL
GALANG v. LAND BANK OF THE PHILIPPINES, G.R. Nos. 175276,
May 31, 2011)

174. Security guards, by the very nature of their work, are mandated to
secure the court premises and protect its property from pilferage. It should
go without saying that their duty should never be compromised to advance
their own interests. (RE: THEFT OF THE USED GALVANIZED IRON (GI)
SHEETS IN THE SC COMPOUND, BAGUIO CITY, A.M. No. 2008-15-
SC. May 31, 2011)

175. 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 a reconsideration of the action or ruling
complained of. (RIMANDO GANNAPAO v. CIVIL SERVICE
COMMISSION, et al., G.R. No. 180141, May 31, 2011)

176. Section 23, Rule XIV of the Omnibus Rules Implementing Book V of
Executive Order No. 292 provides that administrative offenses are classified
into grave, less grave and light, depending on the gravity of the nature of
the act complained of. The less grave offenses of simple neglect of duty and
of simple misconduct carry the penalty of suspension for one (1) month and
one (1) day to six (6) months for the first offense. (AN ANONYMOUS
COMPLAINT AGAINST ATTY. PORTIA DIESTA, BRANCH CLERK OF
COURT, REGIONAL TRIAL COURT, BRANCH 236, PASIG CITY AND
LUZ SANTOS-TACLA, CLERK III, SAME COURT, A.M. No. P-05-1970
(Formerly A.M.OCA I.P.I. No. 04-1962-P), May 30, 2011)

177. The doctrine of exhaustion of administrative remedies is a

cornerstone of our judicial system. The thrust of the rule is that courts must
allow administrative agencies to carry out their functions and discharge
their responsibilities within the specialized areas of their respective
 competence. (UNIVERSAL ROBINA CORP. VS. LAGUNA LAKE
DEVELOPMENT AUTHORITY, G.R. No. 191427, May 30, 2011 )

178. Corruption as an element of grave misconduct consists in the act of an

official or employee who unlawfully or wrongfully uses his station or
character to procure some benefit for himself or for another, at the expense
of the rights of others. (GOVERNMENT SERVICE INSURANCE SYSTEM
(GSIS) AND WINSTON GARCIA, IN HIS CAPACITY AS PRESIDENT
AND GENERAL MANAGER OF GSIS v. ARWIN MAYORDOMO, G.R. No.
191218, May 30, 2011)

179. The power of the Ombudsman to investigate offenses involving public

officials is not exclusive, but is concurrent with other similarly authorized
agencies of the government in relation to the offense charged. (THERON
LACSON v. THE HON. EXECUTIVE SECRETARY, et al., G.R. Nos.
165399, 165475, 165404 and 165489, May 30, 2011)

180. The determination of where, as between two possible routes, to

construct a road extension is obviously not within the province of this Court.
Such determination belongs to the Executive branch. (BARANGAY
CAPTAIN BEDA TORRECAMPO v. METROPOLITAN WATERWORKS
AND SEWERAGE SYSTEM, et al., G.R. No. 188296, May 30, 2011)

181. Section 8 of DAO 63 is clear. It states that in the event there are two
or more applicants over the same area, priority shall be given to the
applicant that first filed its application. (DIAMOND DRILLING
CORPORATION OF THE PHILIPPINES v. NEWMOUNT PHILIPPINES
INCORPORATED, G.R. No. 183576, May 30, 2011)

182. A private corporation is beyond the Sandiganbayans jurisdiction.

(PEOPLE OF THE PHILIPPINES v. LUIS MORALES, G.R. No. 166355,
May 30, 2011)

183. Presidential Electoral Tribunal (PET) is not simply an agency to

which Members of the Court were designated. Once again, the PET, as
intended by the framers of the Constitution, is to be an institution
independent, but not separate, from the judicial department, i.e., the
Supreme Court. (ATTY. ROMULO B. MACALINTAL v. PRESIDENTIAL
ELECTORAL TRIBUNAL, G.R. No. 191618, June 7, 2011)

184. Since the BSP, under its amended charter, continues to be a public
corporation or a government instrumentality, we come to the inevitable
conclusion that it is subject to the exercise by the COA of its audit
 jurisdiction in the manner consistent with the provisions of the BSP
Charter. (BOY SCOUTS OF THE PHILIPPINES v. COMMSSION ON
AUDIT, G.R. No. 177131, June 7, 2011)

185. The President did not proclaim a national emergency, only a state
of emergency. The calling out of the armed forces to prevent or suppress
lawless violence in such places is a power that the Constitution directly
vests in the President, without need of congressional authority to
exercise the same. (DATU ZALDY UY AMPATUAN, et al. v. HON.
RONALDO PUNO, et al., G.R. No. 190259, June 7, 2011)

186. Notice is part of the constitutional right to due process of law. It

informs the landowner of the States intention to acquire a private land
upon payment of just compensation and gives him the opportunity to
present evidence that his landholding is not covered or is otherwise
excused from the agrarian law. (HEIRS OF DR. JOSE DELESTE,
NAMELY: JOSEFA DELESTE, et al. v. LAND BANK OF THE
PHILIPPINES, et al., G.R. No. 169913. June 8, 2011)

187. Mere occupation or cultivation of an agricultural land will not ipso

facto make the tiller an agricultural tenant. It is incumbent upon a
person who claims to be an agricultural tenant to prove by substantial
evidence all the requisites of agricultural tenancy. (LUCIA
RODRIGUEZ, et al. v. COURT OF APPEALS AND TERESITA
SALVADOR, G.R. No. 171972, June 8, 2011)

188. The Court has frequently disencumbered itself under extraordinary

circumstances from the shackles of technicality in order to render just
and equitable relief. On whether the principle of immutability of
judgments and bar by res judicata apply herein, suffice it to state that the
succession of the events recounted herein indicates that the controversy
about the 16 Cityhood Laws has not yet been resolved with finality. As
such, the operation of the principle of immutability of judgments did not
yet come into play. (LEAGUE OF CITIES OF THE PHILIPPINES
(LCP) v. COMMISSION ON ELECTIONS G.R. No. 176951, June 28,
2011)

189. The fair market value of the lot should be determined at the time
when the parties signed the compromise agreement and the same was
approved because this is tantamount to EPZA impliedly agreeing to
paying the market value in 1993. (EXPORT PROCESSING ZONE
AUTHORITY v. ESTATE OF SALUD JIMENEZ, et al., G.R. No.
188995, August 24, 2011)
190. The power of the HRET, no matter how complete and exclusive,
does not carry with it the authority to delve into the legality of the
judgment of naturalization in the pursuit of disqualifying
Limkaichong. To rule otherwise would operate as a collateral attack on
the citizenship of the father which is not permissible. (RENALD F.
VILANDO v. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL, et al., G.R. Nos. 192147, August 23, 2011)

191. Falsification or irregularities in the keeping of time records constitute

dishonesty, which is a grave offense punishable by dismissal from the
service. (LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES,
OFFICE OF THE COURT ADMINISTRATOR v. ROMEO L. DE LEMOS,
et.al., A.M. NO. P-11-2953, September 28, 2011)

192. The defendant in an expropriation case who has objections to the

taking of his property is now required to file an answer and in it raise all his
available defenses against the allegations in the complaint for eminent
domain. (CITY OF MANILA v. MELBA TAN TE, G.R. No. 169263,
September 21, 2011)

193. Section 63 of the EPIRA as well as Section 5, Rule 33 of the IRR

clearly state that the displaced or separated personnel as a result of the
privatization, if qualified, shall be given preference in the hiring of the
manpower requirements of the privatized companies. Clearly, the law only
speaks of preference and by no stretch of the imagination can the same
amount to a legal right to the position. Undoubtedly, not all the terminated
employees will be re-hired by the selection committee. (ENRIQUE U.
BETOY v. THE BOARD OF DIRECTORS, NATIONAL POWER
CORPORATION, G.R. Nos. 156556-57, October 4, 2011)

194. Payment for services done on account of the government, but based
on a void contract, cannot be avoided. (DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS v. RONALDO E. QUIWA, DOING BUSINESS
UNDER THE NAME "R.E.Q. CONSTRUCTION," et al., G.R. No.
183444, October 12, 2011)

195. An immunity statute does not, and cannot, rule out a review by this
Court of the Ombudsmans exercise of discretion, however, the Court
intervention only occurs when a clear and grave abuse of the exercise of
discretion is shown. (ERDITO QUARTO v. THE HONORABLE
OMBUDSMAN SIMEON MARCELO, et al., G.R. No. 169042, October
5, 2011)
196. Price escalation is expressly allowed under Presidential Decree 1594,
which law allows price escalation in all contracts involving government
projects including contracts entered into by government entities and
instrumentalities and Government Owned or Controlled Corporations
(GOCCs). (PHILIPPINE ECONOMIC ZONE AUTHORITY v. GREEN ASIA
CONSTRUCTION & DEVELOPMENT CORPORATION, G.R. No.
188866, October 19, 2011)

197. A search by a government employer of an employees office is

justified at inception when there are reasonable grounds for suspecting that
it will turn up evidence that the employee is guilty of work-related
misconduct. (BRICCIO Ricky A. POLLO v. CHAIRPERSON KARINA
CONSTANTINO-DAVID, et al., G.R. No. 181881, October 18, 2011)

198. Only the OSG, and not the private offended party, has the authority
to question the order granting the demurrer to evidence in a criminal
case. And an acquittal by virtue of a demurrer to evidence is not
appealable because it will place the accused in double jeopardy.
(BENJAMIN B. BANGAYAN, JR v. SALLY GO BANGAYAN, GR No.
172777, October 19, 2011)

199. A government officer or employees removal from office as a result of

a bona fide reorganization is a valid cause for that employees removal.
(CARLOS COTIANGCO, et al. v. THE PROVINCE OF BILIRAN ANDTHE
COURT OF APPEALS G.R. No. 157139, October 19, 2011)

200. When custodial investigation is conducted in violation of Sec.12 of

Art.III, only evidence on confessions and admission of the accused as
against himself is prohibited. (HO WAI PANG v. PEOPLE OF THE
PHILIPPINES, G.R. NO. 176229, October 19, 2011)

201. A petition for disqualification and a petition to deny due course to

or to cancel a certificate of candidacy, are two distinct remedies to
prevent a candidate from entering an electoral race. Both remedies
prescribe distinct periods to file the corresponding petition, on which the
jurisdiction of the Commission on Elections over the case is dependent.
(ALFAIS T. MUNDER v. COMMISSION ON ELECTIONS AND ATTY.
TAGO R. SARIP, G.R. No. 194076, October 19, 2011)

202. The Revised Charter of Quezon City expressly provided that the city
government had the power to regulate the kinds of buildings and structures
that may be erected within fire limits and the manner of constructing and
repairing them. The MMDA does not have the power to declare a thing a
 nuisance. Only courts of law have the power to determine whether a thing is
a nuisance. (EMILIO GANCAYCO v. CITY GOVERNMENT OF QUEZON
CITY AND METRO MANILA DEVELOPMENT AUTHORITY, G.R. No.
177807, October 11, 2011)

203. As long as a party is given the opportunity to defend his interests in

due course, he would have no reason to complain; the essence of due
process is in the opportunity to be heard. (MONICO K. IMPERIAL, JR. v.
GOVERNMENT SERVICE INSURANCE SYSTEM, G.R. No. 191224,
October 4, 2011)

204. While as a rule, it is beyond the province of the Court to analyze and
weight the parties evidence all over again in reviewing administrative
decisions, an exception thereto lies as when there is serious ground to
believe that a possible miscarriage of justice would thereby result. (OFFICE
OF THE OMBUDSMAN v. ANTONIO T. REYES G.R. No. 170512,
October 5, 2011)

205. A one-day delay in filing a Preliminary Conference Brief, does not

justify the outright dismissal of an electoral protest based on technical
grounds where there is no indication of intent to violate the rules on the part
of petitioner and the reason for the violation is justifiable. (SALVADOR D.
VIOLAGO, SR. v. COMMISSION ON ELECTIONS and JOAN V.
ALARILLA, G.R. No. 194143, October 4, 2011)

206. The exemption of special courts from the regular raffle was not
established as an ironclad rule. A.M. No. 05-9-03-SC does in fact allow
special courts to acquire jurisdiction over cases that are not drug cases.
(PEOPLE OF THE PHILIPPINES v. HON. JOSE D. AZARRAGA and
JOHN REY PREVENDIDO, G. R. No. 187117, October 12, 2011)

207. In a buy-bust operation, the police officers conducting the operation

are not only authorized, but duty-bound, to apprehend the violator and to
search him for anything that may have been part of or used in the
commission of the crime. (PEOPLE OF THE PHILIPPINES v. GREGG C.
BUENAVENTURA, G.R. No. 184807, November 23, 2011)

208. The operative fact doctrine is not confined to statutes and rules and
regulations issued by the executive department that are accorded the same
status as that of a statute or those which are quasi-legislative in nature.
(HACIENDA LUISITA, INCORPORATED et.al v. PRESIDENTIAL
 AGRARIAN REFORM COUNCIL, G.R. No. 171101, November 22,
2011)

209. P.D. No. 969 mandates the forfeiture and destruction of pornographic
materials involved in the violation of Article 201 of the Revised Penal
Code, even if the accused was acquitted. (FREDRIK FELIX P. NOGALES,
et.al v. PEOPLE OF THE PHILIPPINES, G.R. No. 191080, November
21, 2011)

210. In expropriation cases, the trial court has the discretion to act upon
the commissioners report. (REPUBLIC OF THE PHILIPPINES
REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS (DPWH) v. SPS. TAN SONG BOK AND JOSEFINA S. TAN,
et al., G.R. No. 191448, November 16, 2011)

211. The three-term limitation made under RA No. 9164 has no retroactive
application. (CONSTANCIO F. MENDOZA v. SENEN C. FAMILARA AND
COMMISSION ON ELECTIONS, G.R. No. 191017, November 15, 2011)

212. The president, as commander-in-chief of the military, can be held

responsible or accountable for extrajudicial killings and enforced
disappearances. (IN THE MATTER OF THE PETITION FOR THE WRIT
OF AMPARO AND HABEAS DATA IN FAVOR OF NORIEL H.
RODRIGUEZ, NORIEL H. RODRIGUEZVS. GLORIA MACAPAGAL-
ARROYO, et.al.
G.R. No. 191805, 193160, November 15, 2011)

213. Executive Order 883 and Career Executive Service Board Resolution
No. 870 having ceased to have any force and effect, the Court can no longer
pass upon the issue of their constitutionality. (ATTY. ELIAS OMAR A.
SANA VS.CAREER EXECUTIVE SERVICE BOARD, G.R. No. 192926,
November 15, 2011)

214. Rice subsidy is one of the benefits that will be granted to employees of
GOCCs or GFIs only if they are "incumbents" as of July 1, 1989.
(MANOLITO AGRA, et al. v. COMMISSION ON AUDIT, G.R. No.
167807, December 6, 2011)

215. A government employee enjoys constitution protection that No

officer or employee in the civil service shall be removed or suspended except
for cause provided by law. (VICTOR R. REYES, substituted by his heirs,
CLARIBEL G. REYES, CLARISSA G. REYES, and CZARINA G. REYES v.
 COURT OF APPEALS, CIVIL SERVICE COMMISSION, G.R.
No. 167002, December 12, 2011)

216. R.A. No. 9335, otherwise known as the Attrition Act of 2005 and its
IRR are constitutional. (BUREAU OF (CUSTOMS EMPLOYEES
ASSOCIATION (BOCEA) v. HON. MARGARITO B. TEVES, G.R. No.
181704, December 6, 2011)

217. Good faith is actually a question of intention and can be ascertained

not from a persons own protestation of good faith, which is self-serving, but
from evidence of his conduct and outward acts. (CESAR S. DUMDUMA v.
CIVIL SERVICE COMMISSION, G.R. No. 182606, December 4, 2011)

218. For a valid dismissal from the government service, the requirements
of due process must be complied with. (PHILIPPINE AMUSEMENT AND
GAMING CORP. v. COURT OF APPEALS and MIA MANAHAN, G.R. No.
185668, December 13, 2011)

219. The Court will never countenance any conduct, act or omission on
the part of all those involved in the administration of justice which would
violate the norm of public accountability and diminish the peoples faith
in the judiciary. (ESPINA & MADARANG CO. & MAKAR
AGRICULTURAL COMMERCIAL & DEVELOPMENT CORP.
(MAKAR), v. HON. CADER P. INDAR AL HAJ, A.M. No. RTJ-07-
2069, December 14, 2011)

220. The Court has already categorically declared in that if the issue of
just compensation is not settled prior to the passage of the CARL, it
should be computed in accordance with the said law, although the
property was acquired under P.D. 27. (LAND BANK OF THE
PHILIPPINES v. HEIRS OF JESUS S. YUJUICO, et al. , G.R. No.
18471, March 21, 2012)

221. The Ombudsman need not conduct a preliminary investigation

upon receipt of a complaint. That should investigating officers find a
complaint utterly devoid of merit, they may recommend its outright
dismissal. Moreover, it is also within their discretion to determine
whether or not preliminary investigation should be conducted. (JUDGE
ADORACION G. ANGELES v. HON. MA. MERCEDITAS N.
GUTIERREZ, et al., G.R. No. 189161, March 21, 2012)
222. An administrative offense constitutes misconduct when it has
direct relation to, and is connected with, the performance of the official
duties of the one charged. Thus, misconduct refers to a transgression of
an established and definite rule of action, more specifically, some
unlawful behavior or gross negligence by the public officer charged.
(PRISCILLA L. HERNANDO v. JULIANA Y. BENGSON, LEGAL
RESEARCHER, RTC, BRANCH 104, QUEZON CITY , A.M. No. P-09-
2686 (Formerly OCA I.P.I No. 06-2441-P), March 21, 2012)

223. The constitutional validity of the Presidents proclamation of

martial law or suspension of the writ of habeas corpus is first a political
question in the hands of Congress before it becomes a justiciable one in
the hands of the Court. (PHILIP SIGFRID A. FORTUN AND ALBERT
LEE G. ANGELES v. GLORIA MACAPAGAL-ARROYO, AS
COMMANDER-IN-CHIEF AND PRESIDENT OF THE REPUBLIC OF
THE PHILIPPINES, et al., G.R. No. 190293, March 20, 2012)

224. An election protest proposes to oust the winning candidate from

office. It is strictly a contest between the defeated and the winning
candidates, based on the grounds of electoral frauds and irregularities.
Its purpose is to determine who between them has actually obtained the
majority of the legal votes cast and is entitled to hold the office.
(CONGRESSWOMAN LUCY MARIE TORRES-GOMEZ v.
EUFROCINO C. CODILLA, JR. AND HON. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL, G. R. No. 195191,
March 20, 2012)

225. Under the Uniform Rules on Administrative Cases, it is provided

that administrative investigations shall be conducted without
necessarily adhering strictly to the technical rules of procedure and
evidence applicable to judicial proceedings. The weight of evidence
required in administrative investigations is substantial evidence.
(SHERYLL C. DELA CRUZ, COMPLAINANT v. PAMELA P.
MALUNAO, CLERK III, REGIONAL TRIAL COURT, BRANCH 28,
BAYOMBONG, NUEVA VIZCAYA, A.M. No. P-11-3019, March 20,
2012)

226. Gross negligence refers to negligence characterized by the want of

even slight care, acting or omitting to act in a situation where there is a
duty to act, not inadvertently but willfully and intentionally, with a
conscious indifference to consequences in so far as other persons may be
affected. It is the omission of that care which even inattentive and
thoughtless men never fail to take on their own property. In cases
involving public officials, there is gross negligence when a breach of duty
 is flagrant and palpable. (VICTORY M. FERNANDEZ v. OFFICE OF
THE OMBUDSMAN, et al., G.R. No. 193983, March 14, 2012)

227. In the payment of just compensation, the payment of interest shall

be made until full payment of the amount adjudged as just compensation
for the land. (LAND BANK OF THE PHILIPPINES v. PERFECTO
OBIAS, et al, G.R. No. 184406, March 14, 2012)

228. The Ombudsman has the power to impose the penalty of removal,
suspension, demotion, fine, censure, or prosecution of a public officer or
employee, in the exercise of its administrative disciplinary authority. The
challenge to the Ombudsmans power to impose these penalties, on the
allegation that the Constitution only grants it recommendatory powers,
had already been rejected by this Court. (OFFICE OF THE
OMBUDSMAN v. NELLIE R. APOLONIO, G.R. No. 165132, March
07, 2012)

229. Just compensation for private agricultural lands acquired by the

government under the auspices of P.D. No. 27 in relation to E.O. No. 228
should be computed in accordance with the method set forth under R.A.
No. 6657. (DEPARTMENT OF AGRARIAN REFORM, REPRESENTED
BY OIC-SECRETARY JOSE MARI B. PONCE, NOW BY SECRETARY
NASSER C. PANGANDAMAN v. HEIRS OF ANGEL T. DOMINGO ,
G.R. No. 188670, March 7, 2012)

230. Section 53 of the Uniform Rules on Administrative Cases in the

Civil Service is clear that length of service may be considered either as
mitigating or aggravating depending on the circumstances of the case.
(CIVIL SERVICE COMMISSION v. AURORA M. CLAVE , G.R. Nos.
194665, 194645, March 6, 2012)

231. Coco-levy funds are public funds as these funds are affected by public
interest: to provide means for the rehabilitation and stabilization of a
threatened industry, the coconut industry. (PETITIONER-
ORGANIZATIONS, NAMELY: PAMBANSANG KOALISYON NG MGA
SAMAHANG MAGSASAKA AT MANGGAGAWA SA NIYUGAN
(PKSMMN), COCONUT INDUSTRY REFORM MOVEMENT (COIR) et
al. v. EXECUTIVE SECRETARY et al, G.R. Nos. 147036-37, April 10,
2012)

232. When the question involves the validity of a resolution issued by

petitioner, it is the National Electric Authority, pursuant to its power of
supervision, which has the authority to conduct investigations and other
 similar actions as well as to issue orders, rules and regulations with respect
to all matters affecting electric cooperatives. (SAMAR II ELECTRIC
COOPERATIVE, INC., et al. v. ANANIAS D. SELUDO, JR., G.R. No.
173840, April 25, 2012)

233. As a separate juridical personality from the government, UP cannot

evade execution, and its funds may be subject to garnishment or levy. This
notwithstanding, before execution may be had, a claim for payment of the
judgment award must first be filed with the COA. (LOCKHEED
DETECTIVE AND WATCHMAN AGENCY, INC. v. UNIVERSITY OF THE
PHILIPPINES, G.R. No. 185918, April 18, 2012)

234. An officer or employee in the government shall be considered

habitually absent only if he incurs unauthorized absences exceeding the
allowable 2/5 days monthly leave credit under the Civil Service Rules for at
least three months in a semester or at least three consecutive months during
the year. (OFFICE OF THE COURT ADMINISTRATOR v. MANUEL Z.
ARAYA, JR., UTILITY WORKER, MTCC, BRANCH 2, OZAMIS CITY,
A.M. No.P-12-3053, (formerly A.M. No. 06-3-88-MTCC)

235. While the determination of just compensation is essentially a judicial

function vested in the RTC acting as a special agrarian court, the judge
cannot abuse his discretion by not taking into full consideration the factors
specifically identified by law and implementing rules. Special agrarian
courts are not at liberty to disregard the formula laid down by the
Department of Agrarian Reform. (LAND BANK OF THE PHILIPPINES v.
HEIRS OF SALVADOR ENCINAS and JACOBA DELGADO, G.R. No.
167735, April 18, 2012)

236. Taking also occurs when agricultural lands are voluntarily offered
by a landowner and approved by PARC for CARP coverage through the stock
distribution scheme, as in the instant case. Thus, HLIs submitting its SDP
for approval is an acknowledgment on its part that the agricultural lands of
Hacienda Luisita are covered by CARP. However, it was the PARC approval
which should be considered as the effective date of taking as it was only
during this time that the government officially confirmed the CARP coverage
of these lands. (HACIENDA LUISITA, INCORPORATED v.
PRESIDENTIAL AGRARIAN REFORM COUNCIL, et al., G.R. No.
171101, April 24, 2012)

237. In the absence of convincing proof that indeed, there were direct
releases of funds to the Members of Congress, who actually spend them
according to their sole discretion, the Priority Development Assistance Fund
cannot be declared unconstitutional. (LAWYERS AGAINST MONOPOLY
AND POVERTY (LAMP), REPRESENTED BY ITS CHAIRMAN AND
 COUNSEL, CEFERINO PADUA et al., v. THE SECRETARY OF BUDGET
AND MANAGEMENT, G.R. No. 164987, April 24, 2012)

238. There is no hard and fast rule to determine a candidates compliance

with residency requirement since the question of residence is a question of
intention. Notwithstanding, jurisprudence has laid down the following
guidelines: (a) every person has a domicile or residence somewhere; (b)
where once established, that domicile remains until he acquires a new one;
and (c) a person can have but one domicile at a time. (ROMMEL
APOLINARIO JALOSJOS v. THE COMMISSION ON ELECTIONS AND
DAN ERASMO, SR., G.R. No. 191970, April 24, 2012)

239. In computing the quorum in of the Sangguniang Panglungsod, its

entire membership must be taken into account including that of the City
Vice Mayor as presiding officer. (LA CARLOTA CITY, NEGROS
OCCIDENTAL AND THE SANGGUNIANG PANLUNGSOD OF LA
CARLOTA CITY, NEGROS OCCIDENTAL v. ATTY. REX G. ROJO, G.R.
No. 181367, April 24, 2012)

240. Sec. 1(2), Art. IX(D) of the 1987 Constitution and similar provisions do
not peremptorily prohibit the promotional appointment of a commissioner to
chairman, provided the new appointees tenure in both capacities does not
exceed seven (7) years in all. (DENNIS A. B. FUNA, v. THE CHAIRMAN,
COMMISSION ON AUDIT, REYNALDO A. VILLAR, G.R. No. 192791,
April 24, 2012)

241. Section 13(3) of R.A. 7077 evidently has to do with the composition of
the Retired Reserve Unit. The provision in question does not prescribe the
retirement age for reservists who are called into active service in the regular
armed forces. (COL. JESUS G. CABARRUS, JR., PAF (RES.) v. HON.
SECRETARY OF NATIONAL DEFENSE, et al., G.R. No. 180966, June
13, 2012)

242. Bare general assertions cannot discharge the burden of proof that is
required of an applicant for naturalization. (REPUBLIC OF THE
PHILIPPINES v. KERRY LAO ONG, G.R. No. 175430, June 18, 2012)

243. Dismissal from the service, as a prescribed penalty imposed by

Section 52(A)(1), Rule IV of the Uniform Rules for the commission of
dishonesty even as a first offense, underscores the constitutional principle
that public office is a public trust and only those who can live up to such
exacting standard deserve the honor of continuing in public service.
(FRANCISCO T. DUQUE III, IN HIS CAPACITY AS CHAIRMAN OF THE
 CIVIL SERVICE COMMISSION v. FLORENTINOVELOSO, G.R. No.
196201, June 19, 2012)

244. The conferral of the legislative power of inquiry upon any committee
of Congress, must carry with it all powers necessary and proper for its
effective discharge. (PHILCOMSAT HOLDINGS CORPORATION, et al. v.
SENATE OF THE PHILIPPINES, et al., G.R. No. 180308, June 19,
2012)

245. The power vested by Article IX-C, Section 2(5) of the Constitution and
Section 61 of BP 881 in the COMELEC to register political parties and
ascertain the eligibility of groups to participate in the elections is purely
administrative in character. This process does not entail any determination
of administrative liability, as it is only limited to the evaluation of
qualifications for registration. (MAGDALO PARA SA PAGBABAGO v.
COMMISSION ON ELECTIONS, G.R. No. 190793, June 19, 2012)

246. The Depratment of Agrarian Reform, as the administrative agency

tasked with the implementation of the agrarian reform program and
pursuant to its rule-making power under R.A. No. 6657, translated the
factors in Section 17 into a basic formula in DAR A.O. No. 6, series of 1992,
and those found in succeeding DAR administrative regulations. The
application of these formulas are mandatory and imposes upon the RTC-
SACs the duty to apply, and not to disregard, them in determining just
compensation. (LAND BANK OF THE PHILIPPINES v. HEIRS OF JUAN
LOPEZ, et al, G.R. No. 171038, June 20, 2012)

247. There is nothing infirm in an agreement which impliedly waives the

right of City of Manila to present evidence that it was acquiring the subject
lots by expropriation for a proper public purpose since it may be assumed
that the parties knew what they were doing and since such agreement would
facilitate early disposal of the case. (CITY OF MANILA v. ALEGAR
CORPORATION, et al., G.R. No. 187604, June 25, 2012)

248. Every employee of the Judiciary should be an example of integrity,

uprightness and honesty. Like any public servant, he must exhibit the
highest sense of honesty and integrity not only in the performance of her
official duties but also in her personal and private dealings with other
people, to preserve the courts good name and standing. (LOURDES
CELAVITE-VIDAL v. NORAIDA A. AGUAM, A.M. No.SCC-10-13-P, June
26, 2012)

249. The proclamation of a congressional candidate following the election

divests COMELEC of jurisdiction over disputes relating to the election,
 returns, and qualifications of the proclaimed Representative in favor of the
HRET. (ROMEO M. JOLOSJOS, JR. v. THE COMMISSION ON
ELECTIONS AND DAN ERASMO, SR., G.R. Nos. 192474, 192704,
193566, June 26, 2012)

250. The Local Government Code establishes the duties

of national government agencies in the maintenance of ecological balance,
and requires them to secure prior public consultation and
approval of local government units for the projects described therein.
(BORACAY FOUNDATION, INC. v. THE PROVINCE OF AKLAN,
REPRESENTED BY GOV. CARLITO S. MARQUEZ, et al., G.R. No.
196870, June 26, 2012)

251. The COMELECs jurisdiction to settle the struggle for leadership

within the party is well established. This singular power to rule upon
questions of party identity and leadership is exercised by the COMELEC as
an incident to its enforcement powers. (LUIS K. LOKIN, JR. AND
TERESITA F. PLANAS VS. COMMISSION ON ELECTIONS
(COMELEC), et al., G.R. No. 193808, June 26, 2012)

252. Evidently in a case where the conflict is exactly on just compensation,

the agrarian reform process has yet to be completed. Thus, the land shall be
considered taken only upon payment of just compensation because it would
complete the agrarian reform process. (DEPARTMENT OF AGRARIAN
REFORM v. MANOLOGODUCO, G.R. Nos. 174007, 181327, June 27,
2012)

253. The consequence of a finding of unjust and improper titling of the

entire property by the Republic is that the title over the excluded portion
shall be returned or transferred back to the owners of the lot, with damages.
(LAND BANK OF THE PHILIPPINES, et al. v. PAZ O. MONTALVAN,
JOINED BY HER HUSBAND, JESUS J. MONTALVAN, G.R. No. 190336,
June 27, 2012)

254. In appraising just compensation the courts must consider, in addition,

all the facts regarding the condition of the landholding and its surroundings,
as well as the improvements and the capabilities of the landholding. (LAND
BANK OF THE PHILIPPINES v. VERONICA ATEGANABLE, G.R. No.
176692, June 27, 2012)

255. A summary judgment is resorted to in order to expedite the

disposition of a case, it appearing from the pleadings, depositions,
admissions, and affidavits of record that no genuine question or issue of fact
exists in such case. When the facts as pleaded are uncontested, there is no
 genuine issue as to the facts, and summary judgment is warranted.
(POLYFOAM CHEMICAL CORP. v. ELISA S. CHEN, G.R. No. 156869,
June 27, 2012)

256. The ex-officio position being actually and in legal contemplation

part of the principal office, it follows that the official concerned has no
right to receive additional compensation for his services in the said
position. The reason is that these services are already paid for and
covered by the compensation attached to his principal office.
(PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) v.
COMMISSION ON AUDIT, G.R. No. 189767, July 3, 2012)

257. The conduct of every court personnel must be beyond reproach

and free from suspicion that may cause to sully the image of the
Judiciary. They must totally avoid any impression of impropriety, misdeed
or misdemeanor not only in the performance of their official duties but
also in conducting themselves outside or beyond the duties and functions
of their office. (FILOMENA B. CONSOLACION v. LYDIA S. GAMBITO,
A.M. Nos. P-06-2186 and P-12-3026, July 3, 2012)

258. Under Section 456 of R.A. 7160, or the Local Government Code,
there is no inherent authority on the part of the city vice-mayor to enter
into contracts on behalf of the local government unit, unlike that
provided for the city mayor. Thus, the authority of the vice-mayor to
enter into contracts on behalf of the city was strictly circumscribed by
the ordinance granting it. (ARNOLD D. VICENCIO v. HON.
REYNALDO A. VILLAR, et al., G.R. No. 182069, July 3, 2012)

259. A provincial governor is not endowed with the power to call upon
the armed forces at his own bidding. The calling-out powers
contemplated under the Constitution is exclusive to the President, and an
exercise by another official, even if he is the local chief executive, is ultra
vires, and may not be justified by the invocation of Section 465 of the
Local Government Code. Neither is the provincial governor authorized to
convene a local civilian group or an organization of private citizens as it
is proscribed pursuant to the national policy to establish one police force
and under Sec.24 of Article XVIII of the Constitution. (JAMAR M.
KULAYAN, et al. v. GOV. ABDUSAKUR M. TAN, et al. , G.R. No.
187298, July 3, 2012)

260. Competitive bidding is an essential element of a public bidding. It

has been held in a long line of cases that a contract granted without the
competitive bidding required by law is void and the party to whom it is
 awarded cannot benefit from it. (PHILIPPINE SPORTS COMMISSION,
et al. v. DEAR JOHN SERVICES, INC. , G.R. No. 183260. July 4,
2012)

261. The failure of a sheriff to make periodic reports on the status of a

writ of execution warrants administrative liability. (RHEA AIRENE P.
KATAGUE, et al. v. JERRY A. LEDESMA, SHERIFF IV, RTC, BR. 48,
BACOLOD CITY, A.M. No. P-12-3067, July 4, 2012)

262. A process servers unjustified delay in serving court notices

constitutes neglect of duty that warrants the imposition of administrative
sanctions. (JUDGE PELAGIA DALMACIO-JOAQUIN v. NICOMEDES
DELA CRUZ, A.M. No. P-06-2241. July 10, 2012)

263. The failure of counsel to file the requisite appellants brief

amounts to inexcusable. (ISAAC C. BASILIO, et al. v. ATTY. VIRGIL R.
CASTRO, A.C. No. 6910, July 11, 2012)

264. The only exception for an employee to receive additional, double

and indirect compensation is where the law allows him to receive extra
compensation for services rendered in another position which is an
extension or is connected with his basic work. (HILARION F.
DIMAGIBA, et al. v. JULITA ESPARTERO, et al., G.R. No.
154952, July 16, 2012)

265. The Constitution mandates that the JBC be composed of seven (7)
members only. Thus, any inclusion of another member, whether with one
whole vote or half (1/2) of it, goes against that mandate. (FRANCISCO I.
CHAVEZ v. JUDICIAL AND BAR COUNCIL, et al., G.R. NO.
202242. JULY 17, 2012)

266. Taking monetary evidence without proper authority constitutes

theft warranting the penalty of dismissal and cancellation of eligibility,
forfeiture of retirement benefits, and perpetual disqualification from re-
employment in the government service. (OFFICE OF THE COURT
ADMINISTRATOR v. MA. IRISSA G. MUSNI , A.M. No. P-11-
3024. July 17, 2012)

267. The power of judicial review in this jurisdiction includes the power
of review over justiciable issues in impeachment proceedings. (CHIEF
JUSTICE RENATO C. CORONA v. SENATE OF THE PHILIPPINES
 SITTING AS AN IMPEACHMENT COURT, et al., G.R. No. 200242,
July 17, 2012)

268. While the Local Government Code charges the LGUs to take on the
functions and responsibilities that have already been devolved upon them
from the national agencies on the aspect of providing for basic services
and facilities in their respective jurisdictions, the Local Government Code
provides an exception in cases involving nationally-funded projects,
facilities, programs and services. (AQUILINO Q. PIMENTEL, JR., et al.
v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, et al. , G.R. No.
195770, July 17, 2012)

269. The failure of the Clerk of Court to remit the court funds
constitutes gross neglect of duty, dishonesty, and grave misconduct
prejudicial to the best interest of the service which warrants the penalty
of dismissal from service. (OFFICE OF THE COURT
ADMINISTRATOR v. LUNALINDA M. PERADILLA, A.M. No. P-09-
2647, July 17, 2012)

270. The exercise of the right to travel guaranteed by the Constitution is

not absolute. Section 6, Article III of the 1987 Constitution allows
restrictions on ones right to travel provided that such restriction is in
the interest of national security, public safety or public health as may be
provided by law. (OFFICE OF ADMINISTRATIVE SERVICES-OFFICE
OF THE COURT ADMINISTRATOR v. JUDGE IGNACIO B.
MACARINE, A.M. No. MTJ-10-1770, July 18, 2012)

271. A mere operator, under an operating agreement, cannot file a

Mineral Product Sharing Agreement (MPSA) application in its name
without a sufficient and valid authorization from its principal or from the
holders of the mining claims and interests included therein. (DIZON
COPPER SILVER MINES, INC. v. DR. LUIS D. DIZON , G.R. No.
183573, July 18, 2012)

272. A mayor cannot be compelled by mandamus to issue a business

permit since the exercise of the same is a delegated police power hence,
discretionary in nature. (ABRAHAM RIMANDO v. NAGUILAN
EMISSION TESTING CENTER, INC., et al., G.R. No. 198860, July
23, 2012)

273. R.A. 6758 withdrew the authority of the NHA to grant additional
incentive benefits to its project personnel. Only those additional
 compensation benefits being received by incumbents before the
effectivity of R.A. 6758, which were not integrated into the standardized
salary rates, shall continue to be authorized. (GENEROSO
ABELLANOSA, et al. v. COMMISSION ON AUDIT AND NATIONAL
HOUSING AUTHORITY, G.R. No. 185806, July 24, 2012)

274. The forwarding of information by the PNP to the Zearosa

Commission was not an unlawful act that violates or threatens the right
to privacy in life, liberty or security. The PNP was rationally expected to
forward and share intelligence regarding private army groups (PAGs)
with the body specifically created for the purpose of investigating the
existence of these notorious groups. (MARYNETTE R. GAMBOA v.
P/SSUPT. MARLOU C. CHAN, et al., G.R. No. 193636, July 24,
2012)

275. The abolition of the PAGC and the transfer of its functions to a
division specially created within the ODESLA is properly within the
prerogative of the President under his continuing delegated legislative
authority to reorganize his own office pursuant to E.O. 292.
(PROSPERO A. PICHAY, JR. v. OFFICE OF THE DEPUTY
EXECUTIVE SECRETARY FOR LEGAL AFFAIRS-INVESTIGATIVE
AND ADJUDICATORY DIVISION, et al., G.R. NO. 196425, JULY 24,
2012)

276. A Filipino lawyer who becomes a citizen of another country and

later re-acquires his Philippine citizenship under R.A. No. 9225, remains
to be a member of the Philippine Bar. However, the right to resume the
practice of law is not automatic. R.A. No. 9225 provides that a person
who intends to practice his profession in the Philippines must apply with
the proper authority for a license or permit to engage in such practice.
(IN RE: PETITION TO RE-ACQUIRE THE PRIVILEGE TO
PRACTICE LAW IN THE PHILIPPINES, EPIFANIO MUNESES , A.M.
No. 2112, July 24, 2012)

277. Mistrial is the only exception to the well-settled principle that

acquittal is immediately final and cannot be appealed on the ground of
double jeopardy. This Court was categorical in stating that a re-
examination of the evidence without a finding of mistrial will violate the
right to repose of an accused, which is what is protected by the rule
against double jeopardy. (PEOPLE OF THE PHILIPPINES v. THE
HONORABLE COURT OF APPEALS, et al., G.R. No. 198589, July
25, 2012)
278. Any form of interference by the Legislative or the Executive on the
Judiciarys fiscal autonomy amounts to an improper check on a co-equal
branch of government. (RE: COA OPINION ON THE COMPUTATION
OF THE APPRAISED VALUE OF THE PROPERTIES PURCHASED
BY THE RETIRED CHIEF/ASSOCIATE JUSTICES OF THE
SUPREME COURT, A.M. No. 11-7-10-SC, July 31, 2012)

279. The mandatory order in the program of devolution under R.A. No.
7160 connotes an imperative obligation and is inconsistent with the idea
of discretion. The only instance that the LGU concerned may choose not
to absorb the NGA personnel is when absorption is not administratively
viable, meaning, it would result to duplication of functions, in which case,
the NGA personnel shall be retained by the national government. (CIVIL
SERVICE COMMISSION v. DR. AGNES QUIDA P. YU , G.R. No.
189041, July 31, 2012)

280. Due process is satisfied when the parties are afforded a fair and
reasonable opportunity to explain their respective sides of the
controversy. Thus, when the party seeking due process was in fact given
several opportunities to be heard and air his side, but it is by his own
fault or choice he squanders these chances, then his cry for due process
must fail. (THE HEIRS OF JOLLY R. BUGARIN v. REPUBLIC OF THE
PHILIPPINES, G.R. No. 174431, August 6, 2012)

281. Foreign citizenship must be formally rejected through an affidavit

duly sworn before an officer authorized to administer oath. (TEODORA
SOBEJANA-CONDON v. COMMISSION ON ELECTIONS, et al., G.R.
No. 198742, August 10, 2012)

282. Due process, as a constitutional precept, does not always and in all
situations require a trial-type proceeding. In administrative proceedings,
the filing of charges and giving reasonable opportunity for the person so
charged to answer the accusations against him constitute the minimum
requirements of due process. (DR. FERNANDO A. MELENDRES M.D.,
EXECUTIVE DIRECTOR OF THE LUNG CENTER OF THE
PHILIPPINES [LCP] v. PRESIDENTIAL ANTI-GRAFT
COMMISSION, et al., G.R. No. 163859, August 15, 2012)

283. The Court cannot countenance neglect of duty for even simple
neglect of duty lessens the peoples confidence in the judiciary and
ultimately in the administration of justice. (MEMORANDA OF JUDGE
ELIZA B. YU ISSUED TO LEGAL RESEARCHER MARIE JOY P.
LAGMAN AND TO COURT STENOGRAPHER SOLEDAD J. BASSIG,
 ALL OF METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CIT,
A.M. No. P-12-3033, August 15, 2012)

284. The funds of the UP are government funds that are public in
character and could not be validly made the subject of the RTCs writ of
execution or garnishment. (UNIVERSITY OF THE PHILIPPINES, et
al. v. HON. AGUSTIN S. DIZON,et al. , G.R. No. 171182, August 23,
2012)

285. The power of the Ombudsman to determine and impose

administrative liability is not merely recommendatory but actually
mandatory. (ERNESTO A. FAJARDO v. OFFICE OF THE
OMBUDSMAN, et al., G.R. No. 173268, August 23, 2012)

286. The Code of Judicial Ethics mandates that the conduct of court
personnel must be free from any whiff of impropriety, not only with
respect to his duties in the judicial branch but also to his behavior
outside the court as a private individual. (JUDGE ARMANDO S.
ADLAWAN v. ESTRELLA P. CAPILITAN, A.M. No.P-12-3080, August
29, 2012)

287. The consequence of a violation of the guarantees against a

violation of personal security and privacy and against unreasonable
searches and seizures is the exclusion of the evidence thereby obtained.
(PEOPLE OF THE PHILIPPINES v. REYNALDO BELOCURA, G.R.
No. 173474, August 29, 2012)

288. Section 2 which mandated that the coconut levy funds shall not be
considered special and/or fiduciary funds nor part of the general funds of the
national government of P.D. No. 755 contravenes the provisions of the
Constitution. (PHILIPPINE COCONUT PRODUCERS FEDERATION,
INC. (COCOFED), et.al v. REPUBLIC OF THE PHILIPPINES, G.R. Nos.
177857-58, September 04, 2012

289. The Office of the President has jurisdiction to exercise administrative

disciplinary power including the power to dismiss a Deputy Ombudsman and
a Special Prosecutor who belong to the constitutionally-created Office of the
Ombudsman. (EMILIO A. GONZALES III v. OFFICE OF THE
PRESIDENT OF THE PHILIPPINES et. al , G.R. Nos. 196231, 196232
September 04, 2012)
290. When an individual is found guilty of dishonesty, the corresponding
penalty is dismissal from employment or service. BAGONG KAPISANAN
SA PUNTA TENEMENT, INC v. AZER E. DOLOT, et al., G.R. NO.
179054, September 05, 2012)

291. In correcting the erroneous entry, the COMELEC need not order the
opening of the ballot box for the purpose of recounting the votes of the
candidates affected if the correction sought is such that it can be made
without the need of opening the ballot box. (ANTONIO P. CERON v.
COMMISSION ON ELECTION GRACE P. VALDEZ, et al. , G.R. No.
199084, September 11, 2012)

292. The issuance by the proper disciplining authority of an order of

preventive suspension for 90 days of a civil officer or employee pending
investigation of her administrative case is authorized provided that a formal
charge is served to her and her charge involves dishonesty, oppression,
grave misconduct, or neglect in the performance of duty, or if there are
reasons to believe that she is guilty of the charge as to warrant her removal
from the service. (TRADE AND INVESTMENT DEVELOPMENT
CORPORATION OF THE PHILIPPINES v. MA. ROSARIO S.
MANALANG-DEMIGILLO, G.R. No. 176343, September 18, 2012)

293. The rules on the timely perfection of an appeal in an election case

requires two different appeal fees, one to be paid in the trial court together
with the filing of the notice of appeal, and the other to be paid in the
COMELEC Cash Division within the 15-day period from the filing of the
notice of appeal. (BIENVENIDO WILLIAM D. LLOREN v. THE
COMMISSION ON ELECTIONS AND ROGELIO PUA, JR. , G.R. No.
196355, September 18, 2012)

294. There is no impediment for the COMELEC and the DOJ to create the
Joint Committee and Fact-Finding Team for the purpose of conducting a
thorough investigation of the alleged massive electoral fraud and the
manipulation of election results in the 2004 and 2007 national elections
relating in particular to the presidential and senatorial elections. Neither
does the creation of the said Committee violates the constitutional rights of
an individual. (JOSE MIGUEL T. ARROYO v. DEPARTMENT OF JUSTICE
et al., G.R. No. 199085, September 18, 2012)

295. Directives and orders issued by the President in the valid exercise of
his power of control over the executive department must be obeyed and
implemented in good faith by all executive officials. Acts performed in
contravention of such directives merit invalidation. (DR. EMMANUEL T.
VELASCO, et al. v. COMMISSION ON AUDIT AND THE DIRECTOR,
 NATIONAL GOVERNMENT AUDIT OFFICE, G.R. No. 189774,
September 18, 2012)

296. Failure to adduce substantial evidence that the act was part of the
fraudulent scheme amounting to grave misconduct, dishonesty and
reasonable violation of office rules and regulations presupposes that the
imposition of the penalty of dismissal from the service is not warranted.
(GOVERNMENT SERVICE INSURANCE SYSTEM, REPRESENTED BY
ROBERT G. VERGARA v. HEIDI R. CHUA, G.R. No. 202914, September
26, 2012)

297. When the agrarian reform process is still incomplete as the just
compensation due the landowner has yet to be settled, such just
compensation should be determined and the process concluded under
Republic Act No. 6657. (LAND BANK OF THE PHILIPPINES v.
EMILIANO R. SANTIAGO, JR., G.R. No. 182209, October 03, 2012)

298. A cancelled certificate of candidacy void ab initio cannot give rise to a

valid candidacy, and much less to valid votes. Hence, the second placer
candidate is deemed to have garnered the highest number of votes and is
entitled to hold the corresponding elective position. (EFREN RACEL
ARATEA v. COMMISSION ON ELECTIONS AND ESTELA D.
ANTIPOLO, G.R. No. 195229, October 09, 2012)

299. Civil Service Commission (CSC) has jurisdiction over cases filed
directly with it, regardless of who initiated the complaint. CSC likewise
exercises concurrent original jurisdiction with the Board of Regents over
administrative cases. (CIVIL SERVICE COMMISSION v. COURT OF
APPEALS, et al., G.R. Nos. 176162, 178845, October 09, 2012)

300. There has been no change of any long-standing rule, thus, no

redefinition of the term capital. The terms capital stock subscribed or
paid, capital stock and capital were defined solely to determine the
basis for computing the supervision and regulation fees under Section 40(e)
and (f) of the Public Service Act. (HEIRS OF WILSON P. GAMBOA v.
FINANCE SECRETARY MARGARITO B. TEVES , G.R. No. 176579,
October 09, 2012)

301. The sale of government-owned Angat Hydro-Electric Power Plant

(AHEPP) to a foreign corporation is not prohibited but only Filipino citizens
and corporations 60% of whose capital is owned by Filipinos may be
granted Water rights. (INITIATIVES FOR DIALOGUE AND
EMPOWERMENT THROUGH ALTERNATIVE LEGAL SERVICES, INC.,
 et al. v. POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT
CORPORATION (PSALM), et al., G.R. No. 192088, October 09, 2012)

302. Existence of a valid certificate of candidacy is a condition sine qua

non for a valid substitution, hence a declaration of a candidates
disqualification which rendered his CoC invalid cannot be properly
substituted (MAYOR BARBARA RUBY C. TALAGA v. COMMISSION ON
ELECTIONS AND RODERICK A. ALCALA , G.R. No. 196804, October
09, 2012)

303. A void certificate of candidacy on the ground of ineligibility that

existed at the time of the filing of the certificate of candidacy can never give
rise to a valid candidacy, and much less to valid votes. Hence, if a certificate
of candidacy void ab initio is cancelled on the day, or before the day, of the
election, all votes for that candidate are stray votes. (DOMINADOR G.
JALOSJOS, JR. v. COMMISSION ON ELECTIONS AND AGAPITO J.
CARDINO, G.R. No. 193237, October 09, 2012)

304. Administrative due process cannot be fully equated with due process
in the strict judicial sense. What matters for due process purpose are notice
of what is to be explained, not the form in which the notice is given, and
simply the opportunity to be heard. (SPS. EUGENE C. GO AND
ANGELITA GO, AND MINOR EMERSON CHESTER KIM B. GO v.
COLEGIO DE SAN JUAN DE LETRAN, et. al , G.R. No. 169391, October
10, 2012)

305. The essence of due process is the opportunity to be heard. What the
law prohibits is not the absence of previous notice but the absolute absence
thereof and the lack of opportunity to be heard. (JOHN C. ARROYO, et al.
v. ROSAL HOMEOWNERS ASSOCIATION, INC , G.R. No. 175155,
October 22, 2012)

306. Acquisition of the property under OLT or P.D. No. 27 does not
necessarily mean that the determination of just compensation thereof must
be under the same decree. (LAND BANK OF THE PHILIPPINES v. SPS.
ROKAYA AND SULAIMAN BONA , G.R. No. 180804, November 12,
2012)

307. The votes cast for a nuisance candidate declared as such in a final
judgment, particularly where such nuisance candidate has the same
surname as that of the legitimate candidate, are not stray but must be
counted in favor of the latter. (CASIMIRA S. DELA CRUZ v.
COMMISSION ON ELECTIONS AND JOHN LLOYD M. PACETE , G.R.
 No. 192221, November 13, 2012)

308. The Migrant Workers and Overseas Filipinos Act of 1995 is valid and
constitutional. (HON. PATRICIA A. STO. TOMAS, et al. vs. REY SALAC,
et al., G.R. No. 152642, November 13, 2012)

309. A case becomes moot and academic when there is no more actual
controversy between the parties or no useful purpose can be served in
passing upon the merits. (JOEL P. QUIO, et al. v. COMMISSION ON
ELECTIONS AND RITCHIE R. WAGAS , G.R. No. 197466, November
13, 2012)

310. Sequestration is not meant to deprive the owner or possessor of his

title or any right to his property and vest the same in the sequestering
agency, the Government or any other person, as these can be done only for
the causes and by the processes laid down by law. (REPUBLIC OF THE
PHILIPPINES v. ESTATE OF HANS MENZI (THROUGH ITS
EXECUTOR, MANUEL G. MONTECILLO), SANDIGANBAYAN (FOURTH
DIVISION) et al., G.R. No. 183446, November 13, 2012)

311. Probable cause, as a condition for the issuance of a search warrant, is

such reasons supported by facts and circumstances as will warrant a
cautious man to believe that his action and the means taken in prosecuting it
are legally just and proper. (HPS SOFTWARE AND COMMUNICATION
CORPORATION AND HYMAN YAP v. PHILIPPINE LONG DISTANCE
TELEPHONE COMPANY (PLOT), et al., G.R. Nos. 170217, 170694
December 10, 2012)

312. The consolidation of cases to a DOJ Special Panel under DO No. 182
does not violate equal protection of law and the right to speedy disposition
of cases guaranteed by the Constitution. (SPOUSES AUGUSTO G.
DACUDAO AND OFELIA R. DACUDAO v. SECRETARY OF JUSTICE ,
G.R. No. 188056, January 08, 2013)

313. The winning elected official in an election protest grants the local
elected official the right to serve the unexpired portion of the term.
(MAYOR ABELARDO ABUNDO, SR. v COMMISSION ON ELECTIONS ,
G.R. No. 201716, January 08, 2013)

314. Cancellation proceedings involve the exercise of the quasi-judicial

functions of the COMELEC which the COMELEC in division should first
decide. The COMELEC en banc cannot short cut the proceedings by acting
 on the case without a prior action by a division because it denies due
process to the candidate. (KAMARUDIN K. IBRAHIM v. COMELEC and
ROLAN G. BUAGAS, G.R. No. 192289, January8, 2013)

315. Mandamus will issue only when the petitioner has a clear legal right
to the performance of the act sought to be compelled and the respondent
has an imperative duty to perform the same. (SPECIAL PEOPLE, INC.
FOUNDATION v. NESTOR M. CANDA et al. , G.R. No. 160932, January
14, 2013)

316. Where personal liability on the part of local government officials is

sought, they may properly secure the services of private counsel. (ROMEO
A. GONTANG v. ENGR. CECILIA ALAYAN, G.R. No. 191691, January16,
2013)

317. The express grant of power to the COMELEC to resolve election

protests carries with it the grant of all other powers necessary, proper, or
incidental to the effective and efficient exercise of the power expressly
granted. Verily, the exclusive original jurisdiction conferred by the
constitution to the COMELEC to settle said election protests includes the
authority to order a technical examination of relevant election
paraphernalia, election returns and ballots in order to determine whether
fraud and irregularities attended the canvass of the votes. (GOVERNOR
SADIKUL A. SAHALI AND VICE-GOVERNOR RUBY M. SAHALI, SR. v.
COMMISSION ON ELECTIONS, G.R. No. 201796, January 15, 2013)

318. A statute having a single general subject, indicated in the title, may
contain any number of provisions, no matter how diverse they may be, so
long as they are not inconsistent with or foreign to the general subject, and
may be considered in furtherance of such subject by providing for the
method and means of carrying out the general subject. (HENRY R. GIRON
v. COMELEC, G.R. No. 188179, January 22, 2013)

319. Picture images of the ballots, as scanned and recorded by the PCOS,
are likewise official ballots that faithfully captures in electronic form the
votes cast by the voter, as defined by Section 2 (3) of R.A. No. 9369. As
such, the printouts thereof are the functional equivalent of the paper ballots
filled out by the voters and, thus, may be used for purposes of revision of
votes in an electoral protest. (LIWAYWAY VINZONS-CHATO v. HOUSE
OF REPRESENTATIVE ELECTORAL TRIBUNAL, G.R. No. 199149,
January 22, 2013)

320. When there has been no valid substitution, the candidate with the
highest number of votes should be proclaimed as the duly elected mayor.
 (RENATO M. FEDERICO v. COMELEC, G.R. No. 199612, January 22,
2013)

321. The government has a right to ensure that only qualified persons, in
possession of sufficient academic knowledge and teaching skills, are allowed
to teach in such institutions, thus, the requirement of a masteral degree for
tertiary education teachers is not unreasonable. (UNIVERSITY OF THE
EAST v. ANALIZA F. PEPANIO AND MARITI D. BUENO , G.R. No.
193897, January 23, 2013)

322. Gross inexcusable negligence, on one hand, and evident bad faith or
manifest partiality, on the other hand, are not two highly opposite concepts
that can result in a fatally defective information should the terms be
conjoined in the information. The fact that the prosecution can properly
allege these different modes alternatively in the information only means that
the conviction may lie based simply on the evidence that is supportive of a
particular mode. (EDNA J. JACA v. PEOPLE, G.R. No. 166967, January
28, 2013)

323. An opposition to a petition for registration of a party-list is not a

condition precedent to the filing of a complaint for cancellation of the same.
(ANTONIO D. DAYAO, et al. v. COMELEC, G.R. Nos. 193643 and
193704, January29, 2013)

324. No money shall be paid out of the Treasury except in pursuance of an

appropriation made by law. A violation of this constitutional edict warrants
the disallowance of the payment. However, the refund of the disallowed
payment of a benefit granted by law to a covered person, agency or office of
the Government may be barred by the good faith of the approving official
and of the recipient. (BRENDA L. NAZARETH v. COMMISSIONERS of
the COMMISSION on AUDIT, G.R. No. 188635, January29, 2013)

325. Persons may lose the protection of the search and seizure clause by
exposure of their persons or property to the public in a manner reflecting a
lack of subjective expectation of privacy, which expectation society is
prepared to recognize as reasonable. (DON DJOWEL SALES v. PEOPLE
OF THE PHILIPPINES, G.R. No. 191023, February 6, 2013)

326. The state may not be sued without its consent. Likewise, public
officials may not be sued for acts done in the perfomance of their official
functions or within the scope of their authority. (DEPARTMENT OF
HEALTH, et al. v. PHIL PHARMAWEALTH, INC. , G.R. No.
182358, February 20, 2013)
327. The fact that the Palawan Council for Sustainable Development
(PCSD) conducts public consultations or hearings does not mean that it is
performing quasi-judicial functions. (SALVACION VILLANUEVA, et al. v.
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT, et al., G.R.
No. 178347, February 25, 2013)

328. In an administrative proceeding, the quantum of proof required for a

finding of guilt is only substantial evidence or such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion and not
proof beyond reasonable doubt which requires moral certainty to justify
affirmative findings. (OFFICE OF THE OMBUDSMAN v. RODRIGO
MAPOY, et al., G.R. No. 197299, February 13, 2013)

329. The language of Section 13 of the Constitution makes no reference to

the nature of the appointment or designation, as such, the prohibition
against dual or multiple offices being held by one official must be construed
as to apply to all appointments or designations, whether permanent or
temporary. (DENNIS FUNA v. ACTING SECRETARY OF JUSTICE
ALBERTO C. AGRA, et al., G.R. No. 191644, February 19, 2013)

330. Due process is satisfied when the parties are afforded fair and
reasonable opportunity to explain their side of the controversy or an
opportunity to move for a reconsideration of the action or ruling complained
of. (PACIFICO C. VELASCO v. THE HON. SANDIGANBAYAN AND THE
PEOPLE OF THE PHILIPPINES, G.R. No. 169253, February 20, 2013)

331. There is simply no double jeopardy when the subsequent information

charges another with a different offense, although arising from the same act
or set of acts. Prosecution for the same act is not prohibited. What is
forbidden is the prosecution for the same offense. (ISABELO A. BRAZA v.
THE HONORABLE SANDIGANBAYAN, G.R. No. 1950, February 20,
2013)

332. A change of residence requires an actual and deliberate

abandonment, and one cannot have two legal residences at the same time,
otherwise the residence of origin should be deemed to continue.
(SVETLANA P. JALOSJOS v. COMMISSION ON ELECTIONS, et al., G.R.
No. 193314, February 26, 2013)

333. The decision of the Office of the Ombudsman is immediately

executory, and an appeal therefrom does not stop the decision from being
executory. (OFFICE OF THE OMBUDSMAN v. SAMSON G. DE LEON,
G.R. No. 154083, February 27, 2013)
334. The position of General Manager of a water district remains a
primarily confidential position. The tenure of a confidential employee is
coterminous with that of the appointing authority, or is at the latters
pleasure. However, the confidential employee may be appointed or remain in
the position even beyond the compulsory retirement age of 65 years.
(CIVIL SERVICE COMMISSION v. PILILLA WATER DISTRICT, G.R. No.
190147, March 5, 2013)

335. A reorganization undertaken pursuant to a specific statutory authority

by the Board of Directors of a government-owned and government-
controlled corporation is valid. (ATTY. MA. ROSARIO MANALANG-
DEMIGILLO v. TRADE AND INVESTMENT DEVELOPMENT
CORPORATION OF THE PHILIPPINES (TIDCORP) et al., G.R. No.
168613, March 5, 2013)

336. The rules that the Civil Service Commission (CSC) formulates should
implement and be in harmony with the law it seeks to enforce, thus the CSC
should also consider Trade and Investment Development Corporationss
(TIDCORP) charter in addition to other civil service laws. Section 7 of RA
8494 itself would confirm, that TIDCORP is exempt from existing laws on
compensation, position classification and qualification standards, including
compliance with Section 1(c), Rule III of CSC Memorandum Circular No. 40,
s. 1998. (TRADE AND INVESTMENT DEVELOPMENT CORPORATION
OF THE PHILIPPINES v. CIVIL SERVICE COMMISSION, G.R. No.
182249, March 5, 2013)

337. The ballot images in the compact flash (CF) cards, as well as the
printouts of such images, are the functional equivalent of the official
physical ballots filled up by the voters, and may be used in an election
protest. Both are original documents and carry the same evidentiary weight
as official physical ballot. (MAYOR EMMANUEL L. MALIKSI v.
COMMISSION ON ELECTIONS and HOMER T. SAQUILAYAN , G.R. No.
203302, March 12, 2013)

338. Section 47 of R.A. 8791, which provides a shorter redemption period

for judicial persons of three months, does not violate the constitutional
proscription against impairment of the obligation of contract nor the equal
protection clause. (GOLDENWAY MERCHANDISING CORPORATION v.
EQUITABLE PCI BANK, G.R. NO. 195540, MARCH 13, 2013)

339. The existence of a valid certificate of candidacy (COC) is a

condition sine qua non for a disqualified candidate to be validly substituted.
If the COC is thereby cancelled or denied due course, the candidate cannot
be validly substituted. (SILVERIO R.TAGOLINO v. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND LUCY MARIE
TORRES GOMEZ, G.R. No. 202202, March 19, 2013)