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ROGELIO BAYOTAS y
that civil liability will only survive if death came after the final judgement of the CFI of CORDOVA, accusedappellant
Pangasinan. However, Article 30 of the Civil Code could not possibly lend support to the
G.R. No. 102207. September 2, 1994
ruling in Sendaydiego. Civil liability ex delicto is extinguished by the death of the accused
while his conviction is on appeal. The Court also gave a summary on which cases
FACTS:
should civil liability be extinguished, to wit:
Rogelio Bayotas, accused and charged with Rape, died on February 4, 1992 due
Death of the accused pending appeal of his conviction extinguishes his criminal liability as
to cardio respiratory arrest. The Solicitor General then submitted a comment stating that the
well as the civil liability based solely thereon. Therefore, Bayotas’s death extinguished his
death of the accused does not excuse him from his civil liability (supported by the Supreme
criminal and civil liability based solely on the act complained of.
Court’s decision in People vs Sendaydiego). On the other hand, the counsel of the accused
claimed that in the Supreme Court’s decision in People vs Castillo, civil liability is
Urbano v. IAC
extinguished if accused should die before the final judgement is rendered.
Facts:
ISSUE:
On October 23, 1980, petitioner Filomeno Urbano was on his way to his ricefield. He found
Whether or not the death of the accused pending appeal of his conviction extinguish
the place where he stored palay flooded with water coming from the irrigation canal. Urbano
his civil liability.
went to the elevated portion to see what happened, and there he saw Marcelino Javier and
Emilio Efre cutting grass. Javier admitted that he was the one who opened the canal. A quarrel
ensued, and Urbano hit Javier on the right palm with his bolo, and again on the leg with the RULING:
back of the bolo. On October 27, 1980, Urbano and Javier had an amicable settlement. Urbano
paid P700 for the medical expenses of Javier. On November 14, 1980, Urbano was rushed to The Court decided on this case through stating the cases of Castillo and Sendaydiego. In the
the hospital where he had lockjaw and convulsions. The doctor found the condition to be Castillo case, the Court said that civil liability is extinguished only when death of the accused
caused by tetanus toxin which infected the healing wound in his palm. He died the following occurred before the final judgement. Judge Kapunan further stated that civil liability is
day. Urbano was charged with homicide and was found guilty both by the trial court and on extinguished because there will be “no party defendant” in the case. There will be
appeal by the Court of Appeals. Urbano filed a motion for new trial based on the affidavit of no civil liability if criminal liability does not exist. Further, the Court stated “it is, thus, evident
the Barangay Captain who stated that he saw the deceased catching fish in the shallow that… the rule established was that the survival of the civil liability depends on whether the
irrigation canals on November 5. The motion was denied; hence, this petition. same can be predicated on the sources of obligations other than delict.
Issue:
1
2. Whether petitioners have the right to question the alleged violation of their rights in the WON urbano can be held criminally and civilly liable?
constitution?
Whether the wound inflicted by Urbano to Javier was the proximate cause of the latter’s death
3. Whether the superior officers who gave the orders are liable?
HELD:
HELD
Copy from the case
1. NO, Article 32 of the Civil Code provides a sanction to rights and freedom enshrined in the
constitution. These rights cannot be violated just because of an order given by a superior. The
rule of law must prevail, or else liberty will perish. Even though they just followed the orders
ABERCA v. VER
of their superior, these do not authorize them to disregard the rights of the petitioners, and
therefore cannot be considered “acts done in their official duties”. Article 32 speaks of any
public officer or private individual, and violation of these constitutional rights does not exempt FACTS
them from responsibility.
2. YES, the suspension of the writ of habeas corpus does not prevent petitioners from claiming Task Force Makabansa (TFM) was ordered by General Fabian Ver to conduct preemptive
damages for the illegal arrest and detention in violation of their constitutional rights by seeking strikes against Communist Terrorist underground houses. TFM raided several houses,
judicial authority. What the writ suspends is merely the right of an individual to seek release employing in most cases defectively judicial search warrants, arrested people without warrant
from detention as a speedy means of obtaining liberty. It cannot suspend their rights and cause of arrest, denied visitation rights, and interrogated them with the use of threats and tortures. A
of action for injuries suffered due to violation of their rights. motion to dismiss was filed by defendants, stating that 1) plaintiffs may not cause a judicial
3. YES, Article 32 speaks of the liabilities of people who are in direct violation of the rights inquiry about their detention because the writ of habeas corpus was suspended;
2) defendants are immune from liability for acts done in their official duties; 3) there was no
stated, as well as people who are indirectly responsible for such acts. In the case at hand, the
cause of action. On Nov 8, 1983, Judge Fortun granted the motion to dismiss, which prompted
superior officers are the ones who gave the order, and can be considered indirectly responsible.
plaintiffs to file a MR on Nov 18, 1983. He later inhibited himself and was replaced Judge
It was also stated in the complaint who were the ones who directly and indirectly participated
Lising, who denied the MR for being filed out of time. Another MR was filed, and was only
in those acts. By filing a motion to dismiss, they admitted all the facts stated in the complaint
modified to include Maj. Aguinaldo and MSgt. Balaba for officers accountable in the said
complaint.
Nicasio vs Bohol
ISSUES
https://pdfslide.net/documents/casedigestbernaldesvsbohollandtranspo.html
Dyogi vs Yatco 1. Whether or not immunity from suit may be invoked?
2
Petitioners’ thesis is that the civil action for damages for injuries arising from alleged criminal https://www.scribd.com/document/326908721/DyogivsYatco100Phil1095
negligence of Salvado, being without malice, cannot be filed independently of the criminal
action under Article 33 of the Civil Code. Further, it is contended that under Section 1, Rule YAKULT PHILIPPINES AND SALVADO vs. CA et al
111 of the 1985 Rules on Criminal Procedure such a separate civil action may not be filed
unless reservation thereof is expressly made.
G.R. No. 91856
The Court of Appeals dismissed the petition. A motion for reconsideration thereof filed by
petitioners was denied. Hence this petition. October 5, 1990
ISSUE: Can a civil action instituted after the criminal action was filed prosper even if there GANCAYCO, J.:
was no reservation to file a separate civil action?
FACTS: a fiveyear old boy, Roy Camaso, while standing on the sidewalk of M. de la Fuente
HELD: the petition is DENIED. The questioned decisions of the CA are hereby AFFIRMED Street, Sampaloc, Manila, was sideswiped by a Yamaha motorcycle owned by Yakult
Philippines and driven by its employee, Larry Salvado.
YES
Salvado was charged with the crime of reckless imprudence resulting to slight physical injuries
in an information that was filed with the then City Court of Manila. Later on, a complaint for
Section 1, Rule 111 of the 1985 Rules of Criminal Procedure provides as follows: damages was filed by Roy Camaso represented by his father, David Camaso, against Yakult
Philippines and Larry Salvado in the RTC of Manila.
SEC. 1. Institution of criminal and civil actions. — When a criminal action is instituted, the
civil action for the recovery of civil liability is impliedly instituted with the criminal action, In due course a decision was rendered in the civil case ordering defendants to pay jointly and
unless the offended party: severally the plaintiff for actual expenses for medical services and hospital bills, attorney’s
fees and the costs of the suit. Although said defendants appealed the judgment, they
nevertheless filed a petition for certiorari in the CA challenging the jurisdiction of the trial
1. waives the civil action
court over said civil case.
2. reserves his right to institute it separately, or
3. institutes the civil action prior to the criminal action.
3
ART. 2176. Whoever by act or omission causes damage to another, there being fault or xxx
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre
existing contractual relation between the parties, is called a quasidelict and is governed by the
provisions of this Chapter. A waiver of any of the civil actions extinguishes the others. The institution of, or the
reservation of the right to file, any of said civil actions separately waives the others.
The aforecited revised rule requiring such previous reservation also covers quasidelict as
xx
defined under Article 2176 of the Civil Code arising from the same act or omission of the
accused.
The reservation of the right to institute the separate civil actions shall be made before the
prosecution starts to present its evidence and under circumstances affording the offended party
Although the separate civil action filed in this case was without previous reservation in the
a reasonable opportunity to make such reservation.
criminal case, nevertheless since it was instituted before the prosecution presented
evidence in the criminal action, and the judge handling the criminal case was informed
thereof, then the actual filing of the civil action is even far better than a compliance with the Although the incident in question and the actions arising therefrom were instituted before the
requirement of an express reservation that should be made by the offended party before the promulgation of the 1985 Rules of Criminal Procedure, its provisions which are procedural
prosecution presents its evidence. may apply retrospectively to the present case.
The purpose of this rule requiring reservation is to prevent the offended party from recovering In this case, the offended party has not waived the civil action, nor reserved the right to
damages twice for the same act or omission. institute it separately. Neither has the offended party instituted the civil action prior to the
criminal action. However, the civil action in this case was filed in court before the presentation
of the evidence for the prosecution in the criminal action of which the judge presiding on the
Thus, the Court finds and so holds that the trial court had jurisdiction over the separate civil criminal case was duly informed, so that in the disposition of the criminal action no
action brought before it.
damages was awarded.
NOTES:
The civil liability sought arising from the act or omission of the accused in this case is a quasi
delict as defined under Article 2176 of the Civil Code as follows:
Section 1, Rule 111 of the 1985 Rules of Criminal Procedure (complete)
4
People vs consing other doc SEC. 1. Institution of criminal and civil actions. — When a criminal action is instituted, the
civil action for the recovery of civil liability is impliedly instituted with the criminal action,
unless the offended party waives the civil action, reserves his right to institute it separately, or
Isabelo Apa, Manuel Apa and Leonilo Jacalan, petitioners, vs. Hon. Rumoldo R. Fernandez, institutes the civil action prior to the criminal action.
Hon. Celso V. Espinosa, And Sps. Felixberto Tigol, Jr. And Rosita Taghoy Tigol, respondents
Such civil action includes recovery of indemnity under the Revised Penal Code, and damages
Facts: This is a special civil action of certiorari to set aside orders of respondent Judge under Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines arising from the same
Romuldo Fernandez of RTC, Branch 54 of LapuLapu City denying petitioners motion for act or omission of the accused.
suspension of arraignment and motion for reconsideration in a criminal case filed against
them. Petitioners anchor their claim on a prior case regarding ownership. Petitioners allege that
the civil case filed in 1990 seeking declaration for nullity of land title of the owner which had A waiver of any of the civil actions extinguishes the others. The institution of, or the
been filed three years before May 27, 1993 when the criminal case for squatting was filed reservation of the right to file, any of said civil actions separately waives the others.
against them constitutes a prejudicial question.
The reservation of the right to institute the separate civil actions shall be made before the
prosecution starts to present its evidence and under circumstances affording the offended party
Issue: Whether the question of ownership is a prejudicial question justifying the suspension of
a reasonable opportunity to make such reservation.
the criminal case against petitioners.
Ruling: Petition to suspend Criminal Case No. 012489 based on the prejudicial question In no case may the offended party recover damages twice for the same act or omission of the
presented was granted on basis that; accused.
• the prejudicial question is a question based on a fact distinct and separate from the
crime but so intimately connected with it that its resolution is determinative of the When the offended party seeks to enforce civil liability against the accused by way of moral,
guilt or innocence of the accused. nominal, temperate or exemplary damages, the filing fees for such civil action as provided in
these Rules shall constitute a first lien on the judgment except in an award for actual damages.
• elements of prejudicial question (1) the civil action involves an issue similar or
intimately related to the issue raised in the criminal action; and (2) the resolution of
such issue determines whether or not the criminal action may proceed.
In cases wherein the amount of damages, other than actual, is alleged in the complaint or
information, the corresponding filing fees shall be paid by the offended party upon the filing
thereof in court for trial. (1a)
5
Annulment of marriage under Article 36 of the Family Code is not a prejudicial question in a • the criminal case alleges that petitioners squatted without the knowledge and consent
criminal case for parricide. of the owner, which, in 1994 the civil case rendered the nullity of the title of the owner
and declared both petitioners and respondents as coowners of the land.
FACTS: • respondents argue that owners can be ejected from his property only if for some
reason, that is, he has let it to some other person. However, both case of respondents
On 25 October 2004, Maria Pimentel y Lacap(private respondent) filed an action for frustrated and petitioners are based on ownership.
parricide against Joselito Pimentel (petitioner) before the Regional Trial Court of Quezon City. Te v. Choa, G.R. No. 126446, Nov. 29, 2000 (346 SCRA 327
On 7 February 2005, petitioner received summons to appear before the Regional Trial Court of FACTS: In 1988, Arthur Te and Lilian Choa married in civil rites. Although they did not live
Antipolo City for the pretrial and trial of a civil case (Maria Pimentel v. Joselito Pimentel) for together, they would usually see each other. In 1989, Liliana gave birth to their daughter.
Declaration of Nullity of Marriage under Article 36 of the Family Code on the ground of Thereafter, Arthur stopped visiting her. In 1990, Arthur contracted another marriage while still
psychological incapacity. married to Liliana. Hence, Liliana filed a bigamy case against Te and administrative case for
the revocation of his and his mistress’ engineering license. Te filed a petition for nullity of
On 11 February 2005, petitioner filed an urgent motion to suspend the proceedings before the marriage. RTC rendered a decision on the bigamy case even the petition for annulment was
RTC Quezon City on the ground of the existence of a prejudicial question. Petitioner asserted pending.
that since the relationship between the offender and the victim is a key element in parricide,
the outcome of the civil case would have a bearing in the criminal case filed against him ISSUE: W/N the annulment should be resolved first before the criminal and administrative
before the RTC Quezon City. case be decided upon.
The RTC Quezon City held that the pendency of the case before the RTC Antipolo is not a
prejudicial question that warrants the suspension of the criminal case before it. HELD: NO. Outcome The annulment case had no bearing on Te’s guilt in the bigamy case.
The ground cited by Te for the annulment was for voidable marriage. Hence, he was still
Petitioner filed a petition for certiorari with application for a writ of preliminary injunction validly married when he committed bigamy.
and/or temporary restraining order before the Court of Appeals. However, The Court of
Appeals ruled that even if the marriage between petitioner and respondent would be declared PIMENTEL V. PIMENTEL
void, it would be immaterial to the criminal case because prior to the declaration of nullity, the
alleged acts constituting the crime of frustrated parricide had already been committed. G.R. No. 172060, [September 13, 2010]
ISSUE: DOCTRINE:
6
of execution which would have killed respondent as a consequence but which, nevertheless, Whether the resolution of the action for annulment of marriage is a prejudicial question that
did not produce it by reason of causes independent of petitioner’s will. At the time of the warrants the suspension of the criminal case for frustrated parricide against petitioner.
commission of the alleged crime, petitioner and respondent were married. The subsequent
dissolution of their marriage will have no effect on the alleged crime that was committed at the HELD:
time of the subsistence of the marriage. In short, even if the marriage
No.
between petitioner and respondent is annulled, petitioner could still be held criminally liable
since at the time of the commission of the alleged crime, he was still married to respondent. RATIO:
We cannot accept petitioner’s reliance on Tenebro v. Court of Appeals that “the judicial Section 7, Rule 111 of the 2000 Rules on Criminal Procedure provides that elements of a
declaration of the nullity of a marriage on the ground of psychological incapacity retroacts to prejudicial question are: (a) the previously instituted civil action involves an issue similar or
the date of the celebration of the marriage insofar as the vinculum between the spouses intimately related to the issue raised in the subsequent criminal action and (b) the resolution of
is concerned x x x.” First, the issue in Tenebro is the effect of the judicial declaration of nullity such issue determines whether or not the criminal action may proceed.
of a second or subsequent marriage on the ground of psychological incapacity on a criminal
liability for bigamy. There was no issue of prejudicial question in that case. Second, the Court In the case at bar, the civil case for annulment was filed after the filing of the criminal case for
ruled in Tenebro that “[t]here is x x x a recognition written into the law itself that such a frustrated parricide. As such, the requirement of Section 7, Rule 111 of the 2000 Rules
marriage, although void ab initio, may still produce legal consequences.” In fact, the Court on Criminal Procedure was not met since the civil action was filed subsequent to the filing of
declared in that case that “a declaration of the nullity of the second marriage on the ground of the criminal action.
psychological incapacity is of absolutely no moment insofar as the State’s penal laws
are concerned.”
The relationship between the offender and the victim is a key element in the crime of parricide,
which punishes any person “who shall kill his father, mother, or child, whether legitimate or
Ardiente vs. Javier, et al illegitimate, or any of his ascendants or descendants, or his spouse.” However, the issue in the
annulment of marriage is not similar or intimately related to the issue in the criminal case for
[Civil Law: human relations; principle of abuse of rights; Article 19 of the Civil Code] parricide. Further, the relationship between the offender and the victim is not determinative of
the guilt or innocence of the accused.
Every person must, in the exercise of his right, and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith. (Art. 19. New The issue in the civil case for annulment of marriage under Article 36 of the Family Code is
Ciivil Code of the Philippines) whether petitioner is psychologically incapacitated to comply with the essential marital
obligations. The issue in parricide is whether the accused killed the victim. In this case, since
petitioner was charged with frustrated parricide, the issue is whether he performed all the acts
7
Article 19 and results in damage to another, a legal wrong is thereby committed for which the Joyce V. Ardiente, Petitioner, vs. Sps. Javier and Ma. Theresa Pastorfide, Cagayan de
wrongdoer must be held responsible. Oro Water District and Gaspar Gonzales, Jr., Respondents
G.R. No. 161921; July 17, 2013
G.R. NO. 179799 September 11, 2009
Zenaida R. Gregorio, Petitioner vs Facts: A petition for review on certiorari under Rule 45 of the Rules of Court seeking to set
Court of Appeals, Sansio Philippines, Inc., and Emma J. Datuin, Respondents. aside the Decision and Resolution of the Court of Appeals which affirmed the then decision of
the RTC regarding its judgment sums of money for moral damages, exemplary damages and
Facts: August 18, 2000 , Zenaida Gregorio filed a civil suit before the RTC Branch 12, Ligao, attorney’s fees. The decision being contested sprouted from the cutting off of water supply of
Albay against Sansio Philippines and Emma Datuin for filing against her criminal charges for Pastorfide by the Cagayan de Oro Water District as requested by Ardiente. In this case,
violation of BP Blg. 22; that respondents did not exercise diligent efforts to ascertain the true Ardiente owned a piece of property, which was subsequently sold and conveyed to Pastorfide,
identity of the person who delivered to them insufficiently funded checks as payment for the however, the connection of water supply as well as other utilities remained in the name of
various appliances purchased; and that petitioner never gave the opportunity to controvert the Ardiente which was never questioned, until such time that Pastorfide became delinquent in
charges against her, because respondents stated an incorrect address in the criminal complaint. paying the water bill.
Gregorio was arrested, detained and released only after her husband posted a bond. In the
course of investigation Datuin submitted an Affidavit of Desistance and subsequently the Issue: Whether or not it was proper for Ardiente together with Cagayan De Oro Water district
criminal case was dismissed. March 20, 2003, the RTC rendered its Decision in the civil case to cut off the water supply of Pastorfide owing to the fact that Ardiente has already conveyed
directing Sansio and Datuin jointly and solidarily to pay Gregorio damages. The RTC ownership of property to Pastorfide.
expressly stated that the complaint was one for damages based on quasidelict and not on
malicious prosecution. Aggrieved by the Decision, Sansio and Datuin appealed to the CA.
On January 31, 2007, the CA rendered Decision granting the petition and ordering the Ruling: No, it was not proper. Petitioner's acts which violated the abovementioned
dismissal of the damage suit of Gregorio. The latter moved to reconsider the said decision but provisions of law is her unjustifiable act of having the respondent spouses' water supply
the same was denied in the appellate court’s Resolution dated September 12, 2007. It was then disconnected, coupled with her failure to warn or at least notify respondent spouses of such
Gregorio filed a petition for certiorari under Rule 45 of the Rules of court assailing the intention. The principle of abuse of Rights in the enshrined Article 19 of the civil Code
Decision of the Court of Appeals. provides that every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith. It
Issue: Whether or not the civil suit filed by petitioner is based on quasidelict or malicious recognizes a primordial limitation on all rights; that in their exercise, the norms of human
prosecution and can claim damages? conduct set forth in Article 19 must be observed. A right, though by itself legal because
recognized or granted by law as such, may nevertheless become the source of some illegality.
Ruling: Yes. The petition is granted. The decision dated January 31, 2007 and the Resolution When a right is exercised in a manner which does not conform with the norms enshrined in
dated September 12, 2007 are reversed and set aside. Gregorio’s civil complaint is a
8
• Petitioner alleged that the Commissioner of Internal Revenue (CIR) did not act on the complaint based on quasidelict under Article 2176, in relation to Article 26 , Gregorio’s right
claim, hence the petition for review with the CTA on April 18, 2007. to personal dignity, personal security, privacy, and peace of mind were infringed by Sansio
Whether solutio indebiti applies? and Datuin. Gregorio was acting within her right when she instituted against Sansio and
Datuin an action she perceived to be proper.
Whether solutio indebiti applies?
• No. CBK VS CIR
• There is solutio indebiti when: (1) Payment is made when there exists no
binding relation between the payor, who has no duty to pay, and the person In a case arising from a claim of tax credit certificates by petitioner power company due to a
whor eceived the payment; and (2) Payment is made through mistake and not BIR approval of zerorated VAT sales to NPC, the Supreme Court affirmed the zerorated
through liberality or some other cause. VAT sales, but denied the petition for failure to observe the 30day prescription of the judicial
• Though the principle of solutio indebiti may be applicable to some instances claim filed to the CTA. More so, the principle of solutio indebiti is inapplicable when there is a
of claims for a refund, the elements thereof are wanting in this case. First, binding and legal obligation to pay, as it were between petitioner taxpayer and the CIR
there exists a binding relation between petitioner and the CIR, the former
being a taxpayer obligated to pay for that liability. Second, the payment of • Petitioner operated, maintained, and managed Kalayaan II pumpedstorage
input tax was not made through mistake, since petitioner was legally obligated hydroelectric power plant, the new Caliraya Spillway, Caliraya, Botocan; and the
to pay for that liability. Kalayaan I hydroelectric power plants and their related facilities located in the
Province of Laguna.
G.R. No. 195549 September 3, 2014 • On December 29, 2004, petitioner filed an Application for VAT ZeroRate with the
Bureau of Internal Revenue (BIR), in accordance with Section 108 (B) (3) of the
WILLAWARE PRODUCTS CORPORATION, Petitioner, National Internal Revenue Code (NIRC) of 1997, as amended.
vs. • BIR approved the application. Thus, petitioner’s sale of electricity to the NPC from 1
JESICHRIS MANUFACTURING CORPORATION, Respondent. January 2005 to 31 October 2005 was declared to be entitled to the benefit of
effectively zerorated value added tax (VAT).
Facts: • Petitioner filed its administrative claims for the issuance of tax credit certificates for
Jesichris Manufacturing Company the respondent filed this present complaint for damages for its alleged unutilized input taxes on its purchase of capital goods and alleged
unfair competition with prayer for permanent injunction to enjoin Willaware Products unutilized input taxes on its local purchases and/or importation of goods and services,
Corporation the petitioner from manufacturing and distributing plasticmade automotive parts other than capital goods, pursuant to Section 112 (A) and (B) of the NIRC of 1997, as
similar to Jesichris Manufacturing Company. The respondent, alleged that it is a duly amended, with BIR Revenue District Office (RDO) No. 55 of Laguna, which covered
registered partnership engaged in the manufacture and distribution of plastic and metal the first 3 quarters of 2005.
products, with principal office at No. 100 Mithi Street, Sampalukan, Caloocan City. Since its
9
Held: registration in 1992, Jesichris Manufacturing Company has been manufacturing in its
Article 28 of the Civil Code provides that "unfair competition in agricultural, commercial or Caloocan plant and distributing throughout the Philippines plasticmade automotive
industrial enterprises or in labor through the use of force, intimidation, deceit, machination or parts. Willaware Products Corporation, on the other hand, which is engaged in the
any other unjust, oppressive or highhanded method shall give rise to a right of action by the manufacture and distribution of kitchenware items made of plastic and metal has its office near
person who thereby suffers damage." that of the Jesichris Manufacturing Company. Respondent further alleged that in view of the
From the foregoing, it is clear that what is being sought to be prevented is not competition per physical proximity of petitioner’s office to respondent’s office, and in view of the fact that
se but the use of unjust, oppressive or high handed methods which may deprive others of a fair some of the respondent’s employees had transferred to petitioner, petitioner had developed
chance to engage in business or to earn a living. Plainly,what the law prohibits is unfair familiarity with respondent’s products, especially its plasticmade automotive parts.
competition and not competition where the means use dare fair and legitimate. That sometime in November 2000, [respondent] discovered that [petitioner] had been
manufacturing and distributing the same automotive parts with exactly similar design, same
*insert requisites here material and colors but was selling these products at a lower price as [respondent’s] plastic
made automotive parts and to the same customers.
In sum, petitioner is guilty of unfair competition under Article 28 of the Civil Code. Respondent alleged that it had originated the use of plastic in place of rubber in the
manufacture of automotive under chassis parts such as spring eye bushing, stabilizer bushing,
CONTINENTAL STEEL MANUFACTURING CORPORATION, Petitioner, shock absorber bushing, center bearing cushions, among others. [Petitioner’s] manufacture of
vs. the same automotive parts with plastic material was taken from respondent’s idea of using
HON. ACCREDITED VOLUNTARY ARBITRATOR ALLAN S. MONTAÑO and plastic for automotive parts. Also, [petitioner] deliberately copied [respondent’s] products all
NAGKAKAISANG MANGGAGAWA NG CENTRO STEEL CORPORATION of which acts constitute unfair competition, is and are contrary to law, morals, good customs
SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND and public policy and have caused [respondent] damages in terms of lost and unrealized profits
REFORMS (NMCSCSUPER), Respondents. in the amount of 2,000,000 as of the date of respondent’s complaint.
G.R. No. 182836, October 13, 2009
Issue:
FACTS: 1. Whether or not there is unfair competition under human relations when the parties are not
Hortillano, an employee of petitioner Continental Steel Manufacturing Corporation competitors and there is actually no damage on the part of Jesichris?
(Continental Steel) and a member of respondent Nagkakaisang Manggagawa ng Centro Steel 2. Consequently, if there is no unfair competition, should there be moral damages and
CorporationSolidarity of Trade Unions in the Philippines for Empowerment and Reforms attorney’s fees?
(Union) filed a claim for Paternity Leave, Bereavement Leave and Death and Accident 3. Whether or not the addition of nominal damages is proper although no rights have been
Insurance for dependent, pursuant to the Collective Bargaining Agreement (CBA) concluded established?
between Continental and the Union. This, after his wife, Marife, had a premature delivery
which resulted to the death of their unborn child.
10
Manglapus, respondent (Part 1) Continental Steel immediately granted Hortillano’s claim for paternity leave but denied his
claims for bereavement leave and other death benefits, consisting of the death and accident
Facts: insurance. It posited that the express provision of the CBA did not contemplate the death of an
Former President Ferdinand E. Marcos was deposed from the presidency via the nonviolent unborn child, a fetus, without legal personality.
“people power” revolution and was forced into exile. Marcos, in his deathbed, has signified his
wish to return to the Philippines to die. But President Corazon Aquino, considering the dire ISSUE:
consequences to the nation of his return at a time when the stability of government is Whether or not Hortillano is entitled to bereavement benefits on the death of his unborn child.
threatened from various directions and the economy is just beginning to rise and move
forward, has stood firmly on the decision to bar the return of Marcos and his family. RULING:
Aquino barred Marcos from returning due to possible threats & following supervening events: Yes, Hortillano is entitled to bereavement benefits.
1. failed Manila Hotel coup in 1986 led by Marcos leaders
The Court emphasize that bereavement leave and other death benefits are granted to an
2. channel 7 taken over by rebels & loyalists
employee to give aid to, and if possible, lessen the grief of, the said employee and his family
3. plan of Marcoses to return w/ mercenaries aboard a chartered plane of a Lebanese
who suffered the loss of a loved one. It cannot be said that the parents’ grief and sense of loss
arms dealer. This is to prove that they can stir trouble from afar
arising from the death of their unborn child, who, in this case, had a gestational life of 3839
4. Honasan’s failed coup
weeks but died during delivery, is any less than that of parents whose child was born alive but
5. Communist insurgency movements
died subsequently.
6. secessionist movements in Mindanao
7. devastated economy because of
The court also emphasized that life is not synonymous with civil personality. One need not
1. accumulated foreign debt
acquire civil personality first before he/she could die. Even a child inside the womb already
8. plunder of nation by Marcos & cronies
has life. No less than the Constitution recognizes the life of the unborn from conception, that
Marcos filed for a petition of mandamus and prohibition to order the respondents to issue them
the State must protect equally with the life of the mother. If the unborn already has life, then
their travel documents and prevent the implementation of President Aquino’s decision to bar
the cessation thereof even prior to the child being delivered, qualifies as death.
Marcos from returning in the Philippines. Petitioner questions Aquino’s power to bar his
return in the country. He also questioned the claim of the President that the decision was made
in the interest of national security, public safety and health. Petitioner also claimed that the G.R. No. 88211, September 15, 1989
President acted outside her jurisdiction.
Marcos, petitioner
According to the Marcoses, such act deprives them of their right to life, liberty, property
VS.
without due process and equal protection of the laws. They also said that it deprives them of
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The rights Marcoses are invoking are not absolute. They’re flexible depending on the their right to travel which according to Section 6, Article 3 of the constitution, may only be
circumstances. The request of the Marcoses to be allowed to return to the Philippines cannot impaired by a court order.
be considered in the light solely of the constitutional provisions guaranteeing liberty of abode
Issue:
and the right to travel, subject to certain exceptions, or of case law which clearly never
contemplated situations even remotely similar to the present one. It must be treated as a matter 1. Whether or not, in the exercise of the powers granted by the Constitution, the
that is appropriately addressed to those residual unstated powers of the President which are President may prohibit the Marcoses from returning to the Philippines.
implicit in and correlative to the paramount duty residing in that office to safeguard and 9. Whether or not the President acted arbitrarily or with grave abuse of discretion
protect general welfare. In that context, such request or demand should submit to the exercise amounting to lack or excess of jurisdiction when she determined that the return of the
of a broader discretion on the part of the President to determine whether it must be granted or Marcoses to the Philippines poses a serious threat to national interest and welfare and
denied. decided to bar their return.
For issue number 2, the question for the court to determine is whether or not there exist factual Decision:
basis for the President to conclude that it was in the national interest to bar the return of the
No to both issues. Petition dismissed.
Marcoses in the Philippines. It is proven that there are factual bases in her decision. The
supervening events that happened before her decision are factual. The President must take Ratio:
preemptive measures for the selfpreservation of the country & protection of the people. She
has to uphold the Constitution. Separation of power dictates that each department has exclusive powers. According to Section
1, Article VII of the 1987 Philippine Constitution, “the executive power shall be vested in the
Fernan, Concurring President of the Philippines.” However, it does not define what is meant by “executive power”
although in the same article it touches on exercise of certain powers by the President, i.e., the
1. The president’s power is not fixed. Limits would depend on the imperatives of events power of control over all executive departments, bureaus and offices, the power to execute the
and not on abstract theories of law. We are undergoing a critical time and the current laws, the appointing power to grant reprieves, commutations and pardons… (art VII secfs. 14
problem can only be answerable by the President. 23). Although the constitution outlines tasks of the president, this list is not defined &
10. Threat is real. Return of the Marcoses would pose a clear & present danger. Thus, it’s exclusive. She has residual & discretionary powers not stated in the Constitution which
the executive’s responsibility & obligation to prevent a grave & serious threat to its include the power to protect the general welfare of the people. She is obliged to protect the
safety from arising. people, promote their welfare & advance national interest. (Art. II, Sec. 45 of the
11. We can’t sacrifice public peace, order, safety & our political & economic gains to give Constitution). Residual powers, according to Theodore Roosevelt, dictate that the President
in to Marcos’ wish to die in the country. Compassion must give way to the other state can do anything which is not forbidden in the Constitution (Corwin, supra at 153), inevitable
interests. to vest discretionary powers on the President (Hyman, American President) and that the
president has to maintain peace during times of emergency but also on the daytoday
Facts: operation of the State.
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The Supreme Court held that the President did not act arbitrarily or with grave abuse of After Ferdinand Marcos was deposed from the presidency, he and his family fled to Hawaii.
discretion in determining the return of the petitioners at the present time and under present Now in his deathbed, petitioners are asking the court to order the respondents to issue their
circumstances poses a serious threat to national interest and welfare prohibiting their return to travel documents and enjoin the implementation of the President’s decision to bar their return
the Philippines. The petition is DISMISSED. to the Philippines. Petitioners contend under the provision of the Bill of Rights that the
President is without power to impair their liberty of abode because only a court may do so
Oropesa vs Oropesa “within the limits prescribed by law.” Nor, according to the petitioners, may the President
impair their right to travel because no law has authorized her to do so.
Facts: This is a petition for review on certiorari under Rule 45 of the Decision rendered by the
CA affirming the Order of the RTC in a Special Proceedings which dismissed Nilo Oropesa’s, Issue:
peitioner, petition for guardianship over the properties of his father, respondent, Cirilo
Oropesa. Does the president have the power to bar the Marcoses from returning to the Philippines?
Ruling:
Petitioner filed with the RTC of Parañaque City, a petition for him and a certain Ms. Louie
Ginez to be appointed as guardians over the property of his father, respondent, Cirilo Oropesa.
The President has the obligation, under the Constitution to protect the people, promote their
welfare and advance national interest.
In said petition, petitioner alleged that respondent has been afflicted with several maladies and
has been sickly for over 10 years already having suffered a stroke, that his judgment and This case calls for the exercise of the President’s power as protector of the peace. The
memory were impaired and such has been evident after his hospitalization. That due to his age president is not only clothed with extraordinary powers in times of emergency, but is also
and medical condition, he cannot, without outside aid, manage his property wisely, and has tasked with daytoday problems of maintaining peace and order and ensuring domestic
become easy prey for deceit and exploitation by people around him, particularly his girlfriend, tranquility in times when no foreign foe appears on the horizon.
Ms. Luisa Agamata.
The documented history of the efforts of the Marcoses and their followers to destabilize the
country bolsters the conclusion that their return at this time would only exacerbate and
Respondent filed his Opposition to the petition for guardianship filed by his (ever caring and
intensify the violence directed against the state and instigate more chaos.
loving) son.
The State, acting through the Government, is not precluded from taking preemptive actions
During trial, petitioner presented his evidence which consists of his, his sister, and against threats to its existence if, though still nascent they are perceived as apt to become
respondent’s former nurse’s testimony. serious and direct protection of the people is the essence of the duty of the government.
13
result of mental disorder. Crewlink, on the other hand, claimed that Jacinto jumped off the ship After presenting evidence, petitioner rested his case but failed to file his written formal offer of
twice. He was just saved the 1st time. Hence, it is a clear manifestation that it was Jacinto’s will evidence.
to jump off the 2nd time.
Respondent, thereafter, filed his Omnibus Motion to declare that petitioner has waived the
ISSUE: W/N Jacinto was insane.
presentation of his Offer of Exhibits and Evidence since they were not formally offered; To
expunge the documents of the petitioner from records; and to grant leave to the Oppositor to
HELD: No evidence showed respondent’s claim. Depression does not equate to mental
file Demurrer to Evid. A subsequent Demurrer was filed and was granted.
disorder.
De Jesus vs Syquia MR was filed by petitioner and appealed the case to CA; failed, now to the SC.
TITLE: De Jesus v Syquia
Issue: Whether respondent is considered incompetent as per the Rules who should be placed
CITATION: 58 Phil 866
under guardianship?
FACTS:
Decision: No.The only medical document on record is the Report of Neuropsychological
Antonia Loanco, a likely unmarried girl 20 years of age was a cashier in a barber shop owned Screening. Said report, was ambivalent at best, although had negative findings regarding
by the defendant’s brother in law Vicente Mendoza. Cesar Syquia, the defendant, 23 years of memory lapses on the part of respondent, it also contained finding that supported the view that
age and an unmarried scion of a prominent family in Manila was accustomed to have his respondent on the average was indeed competent.
haircut in the said barber shop. He got acquainted with Antonio and had an amorous
relationship. As a consequence, Antonia got pregnant and a baby boy was born on June 17,
Crewlink v.Teringtering, G.R. No. 166803, October 14, 2012
1931.
14
in civil law. Furthermore, there is no proof upon which a judgment could be based requiring After giving birth, Syquia brought Antonia and his child at a House in Camarines Street
the defendant to recognize the second baby, Pacita Loanco. Finally, SC found no necessity to Manila where they lived together for about a year. When Antonia showed signs of second
modify the judgment as to the amount of maintenance allowed to Ismael Loanco in the amount pregnancy, defendant suddenly departed and he was married with another woman at this time.
of P50 pesos per month. They likewise pointed out that it is only the trial court who has
jurisdiction to modify the order as to the amount of pension. It should be noted that during the christening of the child, the defendant who was in charge of
the arrangement of the ceremony caused the name Ismael Loanco to be given instead of Cesar
ANTONIO GELUZ, petitioner, vs. THE HON. COURT OF APPEALS and OSCAR Syquia Jr. that was first planned.
LAZO, respondents.
No. L16439. July 20, 1961 ISSUES:
Facts: 1. Whether the note to the padre in connection with the other letters written by defendant to
Antonia during her pregnancy proves acknowledgement of paternity.
Nita Villanueva came to know Geluz when she was pregnant by her husband before
their marriage. Geluz performed an abortion on Nita Villanueva. After the latter’s marriage, 2. Whether trial court erred in holding that Ismael Loanco had been in the uninterrupted
she again became pregnant and since she was employed in the Commission on Elections, the possession of the status of a natural child, justified by the conduct of the father himself, and
pregnancy was inconvenient and she had herself aborted again by Geluz. In less than two that as a consequence, the defendant in this case should be compelled to acknowledge the said
years, she again became pregnant and had her twomonth old fetus aborted by Geluz for a sum Ismael Loanco.
of fifty pesos. Nita’s husband was then campaigning for his election and was aware and did
not give consent to the abortion. He filed for an action for the award of damages. The trial HELD:
court and Court of Appeals predicated the award of damages in the sum of three thousand
pesos for moral damages. The letter written by Syquia to Rev. Father serves as admission of paternity and the other
letters are sufficient to connect the admission with the child carried by Antonia. The mere
Issue: requirement is that the writing shall be indubitable.
Whether or not the spouses Lazo could recover damages from the physician “The law fixes no period during which a child must be in the continuous possession of the
who caused the same. status of a natural child; and the period in this case was long enough to reveal the father's
resolution to admit the status”.
Held:
Supreme Court held that they agree with the trial court in refusing to provide damages to
Antonia Loanco for supposed breach of promise to marry since action on this has no standing
The petition is meritorious.
15
The minimum award for the death of a person does not cover the case of an unborn fetus that
is not endowed with personality and incapable of having rights and obligations. Since
an action for pecuniary damages on account of personal injury or death pertains primarily to
the injured, no such right of action could derivatively accrue to the parents or heirs of an
unborn child. The damages which the parents of an unborn child can recover are limited to the
moral damages for the illegal arrest of the normal development of the fetus, on account of
distress and anguish attendant to its loss, and the disappointment of their parental expectations.
In this case, however, the appellee was indifferent to the previous abortions of his wife, clearly
indicative that he was unconcerned with the frustration of his parental hopes and expectations.
The decision is reversed and the complaint ordered is dismissed.
16
Article 1317 provides that no one may contract in the name of another without being People vs Tirol and Baldesco
authorized or unless he has, by law, a right to represent him. Article 1919 furthers that the
death of the principal terminates the agency.
FACTS:
An SPA was executed by sisters Concepcion and Gerundia in favor of their brother Simeon for
The case at bar is also not among the exceptions whereby an agent’s acts bind the principal the sale of a parcel of land coowned by the two. Months after Conception died, Simeon sold
even after the latter’s death because of Simeon’s knowledge of Concepion’s death is material. the undivided shares of his sisters to herein respondent Felix Go Chan & Realty Corp.
Hence, the sale was null and void. Petitioner Ramon Rallos, administrator of the late Concepcion’s estate, prayed that the sale of
the undivided share of the deceased be invalidated and a new certificate be issued in the name
People v. Tirol (Civil Damages)
of respondent corporation and Concepion’s intestate estate, plus damages. CFI ruled in favor
Facts: Kosain Manibpol and his family were sleeping when he heard the dog bark. When
of petitioner and granted the payers but CA reversed the decision. Respondent’s MR was
we went to investigate, 2 persons have already come up to their house, asking if they can
borrow his land. After he gave his consent, Kulas arrived, flashed the light in his face and further denied.
boxed him. When he fell, the assailant’s companions (more than 10 armed men) came in
hacked him and his wife and 7 children. His wife died, 6 kids. Of the 14 suspects, only 2
were apprehended, Ciriaco Baldesco and Bonifacio Tirol. After they were found guilty of
ISSUE:
the crime of murder of 7 persons, they filed an appeal, during which Baldesco died.
Whether the sale entered into by an agent is valid although executed after death of the
Issue: Whether or not Baldesco will be liable for civil damages
principal.
Held: The courts dismissed the case insofar as the criminal liability of Baldesco is
concerned. However following the doctrine in People vs. Sendaydiego, the appeal will be
resolved only for the purpose of determining his criminal liability which is the basis of
the civil liability for which his estate is liable. Art 42 states that criminal liability is HELD:
extinguished in death. The effect of death upon rights and obligations of the deceased is No, the sale is void because Simeon’s authority as an agent of Concepcion was extinguished
determined by law, by contract and by will. Civil liability is not extngsh’d. (NOTE: PEOPLE
VS BAYOTAS — abandoned the ruling in People vs sendaydiego) upon her death.
17