Leonen Cases Topics Per Subject

G.R./A.C.
Title Date Decided

No.
A.C. No. BUENA VISTA PROPERTIES,
INC., vs. ATTY. AMADO B. August 14, 2018
12160
DELORIA, Respondent
SINDOPHIL, INC., v.
G.R. No.
REPUBLIC OF THE November 7, 2018
204594
PHILIPPINES
G.R. No. JERSON E. TORTAL v.

November 12, 2018
212683 CHIZURU TANIGUCHI
G.R. No. FRANCISCO I. CHAVEZ, VS.

June 27, 2018
185484 IMELDA R. MARCOS
INTRAMUROS
ADMINISTRATION, v.
G.R. No.
OFFSHORE March 7, 2018
196795
CONSTRUCTION
DEVELOPMENT COMPANY
G.R. No. PRISCILLA ZAFRA ORBE v.

September 6, 2017
208185 FILINVEST LAND, INC.
ARTURO C. CALUBAD v.
G.R. No.
RICARCEN DEVELOPMENT August 30, 2017
202364
CORPORATION
CE CONSTRUCTION
G.R. No.
CORPORATION VS. August 9, 2017
192725
ARANETA CENTER INC.
PEOPLE OF THE
G.R. No. PHILIPPINE vs. MANUEL July 26, 2017
214300
ESCOBAR
G.R. No. STEVEN R. PAVLOW v.
181489 CHERRY L. MENDENILLA April 19, 2017
QUIRINO T. DELA CRUZ VS.
G.R. No.
215545 NATIONAL POLICE January 07, 2019
COMMISSION
MARIA C. OSORIO vs.

G.R. No. PEOPLE OF THE JULY 2, 2018
207711
PHILIPPINES
JESUS APARENTE Y
G.R. No.
VOCALAN VS. PEOPLE OF September 27, 2017
205695
THE PHILIPPINES
SIMEON LAPI y MAHIPUS

G.R. No. vs.
February 13, 2019
210731 PEOPLE OF THE
PHILIPPINES
SIMEON LAPI y MAHIPUS
G.R. No. vs.
February 13, 2019
PHILIPPINES
MILAGROS P. ENRIQUEZ
G.R. No.
vs. THE MERCANTILE August 15, 2018
210950
INSURANCE CO., INC.
OFFICE OF THE
G.R. No.
OMBUDSMAN v. LOVING July 23, 2018
211450 F. FETALVERO, JR.
MAKATI TUSCANY
G.R. No. CONDOMINIUM
CORPORATION v. MULTI- April 18, 2018
185530
REALTY DEVELOPMENT
CORPORATION
PERSONAL COLLECTION
G.R. No. DIRECT SELLING, INC. vs. November 8, 2017
206958
TERESITA L. CARANDANG
PEOPLE OF THE
G.R. No.
PHILIPPINES, v. DELIA August 09, 2017
207396
SAUNAR
PEOPLE OF THE
G.R. No.
PHILIPPINES v. PO3 August 02, 2017
199710
JULIETO BORJA
MARLON BACERRA y
G.R. No. TABONES, vs.
July 3, 2017
PHILIPPINES
G.R. No. MAKILITO B. MAHINAY vs.

DURA TIRE & RUBBER June 5, 2017
194152
INDUSTRIES, INC.
MARIO VERIDIANO y SAPI
G.R. No. vs.
June 7, 2017
PHILIPPINES
G.R. No. MARIO C. MADRIDEJOS vs.

NYK-FIL SHIP June 7, 2017
204262
MANAGEMENT INC.
ANTHONY DE SILVA CRUZ

G.R. No. vs. June 7, 2017
PHILIPPINES
G.R. No. COMMISSIONER OF

215957 INTERNAL REVENUE vs. November 9, 2016
FITNESS BY DESIGN, INC.
G.R. No. PEOPLE OF THE

227497 PHILIPPINES vs. DIOSCORO April 10, 2019
COMOSO y TUREMUTSA
PEOPLE OF THE
G.R. No.
PHILIPPINES v. LINA March 06, 2019
228880
ACHIENG NOAH
METRO BOTTLED WATER

CORPORATION v.
G.R. No. ANDRADA CONSTRUCTION
March 06, 2019
202430
& DEVELOPMENT
CORPORATION, INC.
BELINA CANCIO AND
G.R. No. JEREMY PAMPOLINA v.
June 06, 2018
182307 PERFORMANCE FOREIGN
EXCHANGE CORPORATION
G.R. No.
June 19, 2018
202836
PEOPLE OF THE
G.R. No.
PHILIPPINES November 29, 2017
206965
vs. EMMA BOFILL PANGAN
PEOPLE OF THE
G.R. No.
PHILIPPINES VS. SIEGFRED September 20, 2017
207229
CABELLON CABAÑERO
PEOPLE OF THE
G.R. No.
PHILIPPINES VS. ABUNDIO August 23, 2017
210677
M. SARAGENA
ANTONIETA LUCIDO @
G.R. No.
TONYAY, VS. PEOPLE OF August 07, 2017
217764 THE PHILIPPINES
G.R. No. DIVINA PALAO vs.

FLORENTINO January 18, 2017
186967 INTERNATIONAL, INC.
NATIONAL POWER
G.R. No. CORPORATION v. SPS.
September 14, 2016
172507 MARGARITO ASOQUE AND
TARCINIA ASOQUE
G.R. No. ARIEL LOPEZ v. PEOPLE OF
June 29, 2016
G.R. No. CITY OF TAGUIG v. CITY OF

June 15, 2016
208393 MAKATI
G.R. No. MONICO LIGTAS v. PEOPLE August 17, 2015
200751 OF THE PHILIPPINES
PEOPLE OF THE
G.R. No.
PHILIPPINES v. ROLANDO June 03, 2019
212626
TERNIDA Y MUNAR
PEOPLE OF THE
G.R. No.
PHILIPPINES VS. EDGARDO February 13, 2019
224297
ROYOL Y ASICO
PEOPLE'S GENERAL
INSURANCE
G.R. No.
CORPORATION ccv. November 14, 2018
204759 EDGARDO GUANSING AND
EDUARDO LIZASO
PEOPLE OF THE
G.R. No. PHILIPPINES vs.
September 6, 2017
208625 RAMON FRANCIA y
NAVALTA
PEOPLE OF THE
G.R. No. PHILIPPINES vs.
July 26, 2017
205614 JAIME SEGUNDO y
IGLESIAS
COMMISSIONER OF
G.R. No. INTERNAL REVENUE vs.
February 8, 2017
193381 APO CEMENT
CORPORATION
NORBERTO A. VITANGCOL
G.R. No. vs.
January 13, 2016
PHILIPPINES
HOME GUARANTY
G.R. No. CORPORATION v. LA
168616 SAVOIE DEVELOPMENT January 28, 2015
CORPORATION
RENANTE B. REMOTICADO
VS. TYPICAL
G.R. No.
CONSTRUCTION TRADING April 23, 2018
206529
CORP. AND ROMMEL M.
ALIGNAY
MACARIO S. PADILLA vs.
G.R. No. AIRBORNE SECURITY
November 22, 2017
210080 SERVICE, INC. AND/OR
CATALINA SOLIS
DEMEX RATTANCRAFT,
G.R. No. INC. AND NARCISO T. DELA
November 8, 2017
204288 MERCED vs.
ROSALIO A. LERON
G.R. No. BELO MEDICAL GROUP,

INC. VS. JOSE L. SANTOS August 30, 2017
185894
AND VICTORIA G. BELO
PEOPLE OF THE
G.R. No.
PHILIPPINES VS. ERNESTO August 2, 2017
208471
SAGANA Y DE GUZMAN
GOTESCO PROPERTIES,
INC. vs.
G.R. No. SOLID BANK
July 26, 2017
209452 CORPORATION (NOW
METROPOLITAN BANK
AND TRUST COMPANY)
PILIPINAS SHELL
PETROLEUM
G.R. No.
CORPORATION vs. February 1, 2017
188146
ROYAL FERRY SERVICES,
INC.
RIZALITO Y. DAVID VS.

SENATE ELECTORAL
G.R. No.
TRIBUNAL AND MARY September 20, 2016
221538
GRACE POE-
LLAMANZARES
DST MOVERS
G.R. No. CORPORATION vs.
PEOPLE'S GENERAL January 13, 2016
198627
INSURANCE
CORPORATION
THE PROVINCIAL
G.R. No. GOVERNMENT OF
April 22, 2015
202331 AURORA v. HILARIO M.
MARCO
G.R. No. PROTECTIVE MAXIMUM

169303 SECURITY AGENCY, INC. v.
February 11, 2015
CELSO E. FUENTES
PROTECTIVE MAXIMUM
G.R. No.
SECURITY AGENCY, INC. v. February 11, 2015
169303
CELSO E. FUENTES
COMMISSIONER OF
G.R. No. INTERNAL REVENUE vs.
January 25, 2017
205045 SAN MIGUEL
CORPORATION
VAN CLIFFORD TORRES y

G.R. No. SALERA vs.
January 18, 2017
PHILIPPINES
SPOUSES GEMINO C.
MIANO, JR. and JULIET
G.R. No.
MIANO vs. November 16, 2016
205035
MANILA ELECTRIC
COMPANY [MERALCO]
VIRGINIA DIO v. PEOPLE

G.R. No.
208146 OF THE PHILIPPINES AND June 08, 2016
TIMOTHY DESMOND
CARAVAN TRAVEL AND

G.R. No. TOURS INTERNATIONAL,
February 10, 2016
170631 INC., v. ERMILINDA R.
ABEJAR
CARAVAN TRAVEL AND
G.R. No. TOURS INTERNATIONAL,
170631 INC., v. ERMILINDA R. February 10, 2016
ABEJAR
PHILIPPINE NATIONAL
CONSTRUCTION
G.R. No.
172301 CORPORATION v. August 19, 2015
ASIAVEST MERCHANT
BANKERS (M) BERHAD
FAR EAST BANK AND

G.R. No.
TRUST COMPANY vs. July 8, 2015
187491
LILIA S. CHUA
DEPARTMENT OF PUBLIC
G.R. No. WORKS AND HIGHWAYS v.
September 13, 2017
179732 CMC/MONARK/PACIFIC/HI
-TRI JOINT VENTURE
August 30, 2017

MAGSAYSAY MARITIME
CORPORATION/EDUARDO
G.R. No.
MANESE AND PRINCESS
203943
CRUISE LINES, LTD. v.
CYNTHIA DE JESUS
SECURITIES AND
EXCHANGE COMMISSION
vs. PRICE RICHARDSON
G.R. No.
CORPORATION, July 26, 2017
197032
CONSUELO VELARDE-
ALBERT, and GORDON
RESNICK
METROPOLITAN BANK
AND TRUST COMPANY vs.
G.R. No.
LIBERTY CORRUGATED January 25, 2017
184317
BOXES MANUFACTURING
CORPORATION
PEOPLE OF THE
PHILIPPINES
G.R. No.
vs. January 18, 2017
219829
MONIR JAAFAR y
TAMBUYONG
PEOPLE OF THE
G.R. No.
PHILIPPINES vs. July 13, 2016
215340
GLORIA CAIZ y TALVO
MELANIE E. DE OCAMPO
G.R. No. v. RPN-9/RADIO
December 9, 2015
192947 PHILIPPINES NETWORK,
INC.
BANK OF THE PHILIPPINES

G.R. No. vs.
208792 SPOUSES ROBERTO AND July 22, 2015
TERESITA GENUINO
G.R. No. vs.
208792 SPOUSES ROBERTO AND July 22, 2015
TERESITA GENUINO
REPUBLIC OF THE
G.R. No.
PHILIPPINES v. HEIRS OF March 25, 2015
175493
GABRIEL Q. FERNANDEZ
SPOUSES BONIFACIO AND

LUCIA PARAS vs.
G.R. No.
171601 KIMWA CONSTRUCTION April 8, 2015
AND DEVELOPMENT
CORPORATION
DEE HWA LIONG

FOUNDATION MEDICAL
CENTER AND ANTHONY August 23, 2017
G.R. No.
DEE VS. ASIAMED
205638
SUPPLIES AND
EQUIPMENT
CORPORATION
MARVIN CRUZ and

FRANCISCO CRUZ, in his
G.R. No.
capacity as Bondsman vs. July 3, 2017
224974
PEOPLE OF THE
PHILIPPINES
EDWIN GRANADA REYES
vs.
G.R. No. THE OFFICE OF THE June 5, 2017
208243 OMBUDSMAN, THE
SANDIGANBAYAN, and
PAUL JOCSON ARCHES
CE CASECNAN WATER
G.R. No. AND ENERGY COMPANY,
July 22, 2015
203928 INC. v. COMMISSIONER OF
INTERNAL REVENUE
MARILYN R. YANGSON v.
DEPARTMENT OF
G.R. No.
EDUCATION REPRESENTED June 3, 2019
200170
BY ITS SECRETARY BRO.
ARMIN A. LUISTRO, FSC
HEIRS OF RENATO P.
DRAGON, REPRESENTED
G.R. No.
BY PATRICIA ANGELI D. March 6, 2019
205068
NUBLA v. THE MANILA
BANKING CORPORATION
COMMISSIONER OF
INTERNAL REVENUE VS. November 28, 2018
G.R. No.
210528 J.P. MORGAN CHASE
BANK, N.A. – PHILIPPINE
CUSTOMER CARE CENTER
MAGSAYSAY MOL
MARINE,INC. AND/OR
G.R. No.
MOL SHIP MANAGEMENT July 23, 2018
229192
(SINGAPORE) PTE. LTD. v.
MICHAEL PADERES ATRAJE
ARIEL A. EBUENGA, v.
SOUTHFIELD AGENCIES,
G.R. No. INC., WILHEMSEN SHIP
March 14, 2018
208396 MANAGEMENT HOLDING
LTD., AND CAPT. SONNY
VALENCIA
CAPISTRANO DAAYATA,
DEXTER SALISI, and
G.R. No.
BREGIDO MALA CAT, JR. vs March 8, 2017
205745
PEOPLE OF THE
PHILIPPINES
MERCEDES S.
GATMAYTAN vs.
G.R. No. FRANCISCO DOLOR
February 20, 2017
198120 (SUBSTITUTED BY HIS
HEIRS) AND HERMOGENA
DOLOR
SPOUSES SALVADOR
ABELLA AND ALMA
G.R. No.
ABELLA vs. SPOUSES July 8, 2015
195166
ROMEO ABELLA AND
ANNIE ABELLA
ADELAIDO ORIONDO,
TEODORO M.
HERNANDEZ, RENATO L.
G.R. No.
BASCO, CARMEN MERINO, June 4, 2019
211293
AND REYNALDO
SALVADOR VS.
COMMISSION ON AUDIT
GREGORIO AMOGUIS TITO

AMOGUIS v. CONCEPCION
G.R. No. BALLADO AND MARY
August 20, 2018
189626 GRACE BALLADO
LEDESMA, AND ST. JOSEPH
REALTY, LTD.
G.R. No. BALLADO AND MARY
August 20, 2018
189626 GRACE BALLADO
LEDESMA, AND ST. JOSEPH
REALTY, LTD.
PEDRO C. PEREA VS.

ELBURG
SHIPMANAGEMENT
G.R. No.
PHILIPPINES, INC., August 9, 2017
206178
AUGUSTEA ATLANTICA
SRL/ITALY, AND CAPTAIN
ANTONIO S. NOMBRADO
PABLO M. PADILLA, JR.

AND MARIA LUISA P.
G.R. No.
PADILLA VS. LEOPOLDO September 21, 2016
201354
MALICSI, LITO CASINO,
AND AGRIFINO GUANES
VISAYAN ELECTRIC
COMPANY, INC. vs. EMILIO
G. ALFECHE, GILBERT
G.R. No.
ALFECHE, EMMANUEL November 29, 2017
209910
MANUGAS, AND M.
LHUILLIER PAWNSHOP
AND JEWELRY
INTERNATIONAL
EXCHANGE BANK NOW
G.R. No. UNION BANK OF THE March 29, 2017
205657 PHILIPPINES vs SPOUSES
JEROME AND QUINNIE
BRIONES, AND JOHN DOE
ROMEO F. ARA AND
G.R. No. WILLIAM A. GARCIA V. February 15, 2017
187273 DRA. FELY S. PIZARRO AND
HENRY ROSSI
QUEZON CITY PTCA

FEDERATION, INC., vs.
G.R. No. DEPARTMENT OF
February 23, 2016
188720 EDUCATION, represented
by SECRETARY JESLI A.
LAPUS,
REYNALDO S. ZAPANTA,
EDILBERTO U. LAGASCA,
G.R. No. v. COMMISSION ON March 5, 2019
233016 ELECTIONS AND ALFRED J.
ZAPANTA; EDILBERTO U.
LAGASCA
LAND BANK Opetitioner

G.R. No. vs. LORENZO MUSNI,
EDUARDO SONZA and February 22, 2017
206343
SPOUSES IRENEO AND
NENITA SANTOS
MERCURY DRUG
CORPORATION AND
ROLANDO J. DEL ROSARIO
G.R. No. VS. SPOUSES RICHARD Y. August 30, 2017
197654
HUANG & CARMEN G.
HUANG, AND STEPHEN G.
HUANG
PHILIPPINE ASSOCIATED
SMELTING AND REFINING
G.R. No. CORPORATION VS. October 5, 2016
172948 PABLITO O. LIM, MANUEL
A. AGCAOILI, AND
CONSUELO M. PADILLA
PHILIPPINE ASSOCIATED
SMELTING AND REFINING
G.R. No. CORPORATION VS.
October 5, 2016
172948 PABLITO O. LIM, MANUEL
A. AGCAOILI, AND
CONSUELO M. PADILLA
ALLIANCE FOR RURAL AND

AGRARIAN
RECONSTRUCTION, INC.,
G.R. No.
ALSO KNOWN AS ARARO December 10, 2013
192803 PARTY-LIST vs.
COMMISSION ON
ELECTIONS
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY THE
G.R. No. REGIONAL EXECUTIVE
February 4, 2019
198008 DIRECTOR, REGION X,
WORKS AND HIGHWAYS
VS. BENJOHN FETALVERO
OSCAR M. PARINGIT VS.

GLOBAL GATEWAY
CREWING SERVICES, INC.,*
G.R. No.
MID-SOUTH SHIP AND February 6, 2019
217123
CREW MANAGEMENT,
INC., AND/OR CAPTAIN
SIMEON FLORES
HYGIENIC PACKAGING
CORPORATION vs.
NUTRI-ASIA, INC., DOING
G.R. No.
BUSINESS UNDER THE January 23, 2019
201302
NAME AND STYLE OF UFC
PHILIPPINES (FORMERLY
NUTRI-ASIA, INC.)
THE PHILIPPINE
GEOTHERMAL, INC.
EMPLOYEES UNION VS.
G.R. No.
UNOCAL PHILIPPINES, INC. September 28, 2016
190187
(NOW KNOWN AS
CHEVRON GEOTHERMAL
PHILIPPINES HOLDINGS
PEDRO MENDOZA
[DECEASED], SUBSTITUTED
BY HIS HEIRS FEDERICO
G.R. No.
MENDOZA AND DELFIN September 7, 2015
172961
MENDOZA, AND JOSE
GONZALES v. REYNOSA
VALTE
SECURITIES AND
EXCHANGE COMMISSION
v. SUBIC BAY GOLF AND
G.R. No. COUNTRY CLUB, INC. AND
March 11, 2015
179047 UNIVERSAL
INTERNATIONAL GROUP
DEVELOPMENT
CORPORATION
HEIRS OF TEODORA
LOYOLA, represented
G.R. No. herein by ZOSIMO L.
January 11, 2017
188658 MENDOZA, SR. vs. COURT
OF APPEALS AND ALICIA R.
LOYOLA
MIGUEL "LUCKY"
GUILLERMO and AV
MANILA CREATIVE
G.R. No. PRODUCTION CO. vs March 15, 2017
223751 PHILIPPINE INFORMATION
AGENCY and
WORKS AND HIGHWAYS
LORENZO SHIPPING
G.R. No. CORPORATION v.
October 7, 2015
181683 NATIONAL POWER
CORPORATION
A.C. No. JUN B. LUNA vs. ATTY.

July 7, 2015
10662 DWIGHT M. GALARRITA
DEPARTMENT OF
AGRARIAN REFORM
MULTI-PURPOSE
COOPERATIVE (DARMPC),
G.R. No.
v. CARMENCITA DIAZ, June 4, 2018
206331
REPRESENTED BY MARY
CATHERINE M. DIAZ;
EMMA CABIGTING; AND
NINA T. SAMANIEGO
STEAMSHIP MUTUAL
UNDERWRITING
GR. No.
ASSOCIATION (BERMUDA) September 20, 2017
196072
LIMITED VS. SULPICIO
STEAMSHIP MUTUAL
UNDERWRITING
GR. No.
ASSOCIATION (BERMUDA) September 20, 2017
196072
LIMITED VS. SULPICIO
LINES, INC.
Topic
When Forum Shopping Exists

Elements of Litis Pendentia
Rule 50, Section 1(e) of the Rules of Court as the basis for dismissing an appeal for failure to
file the appellant's brief within the required period
Nature of the Power of Court of Appeals to dismiss an appeal for failure of the appellant to
file the appellants' brief on time
Order of trial as governed by Rule 30, Section 5 of the Rules of Court, with item (f) specifically
governing the reopening of a case to introduce new evidence
Rule 30, Section 5 of the Rules of Court, explained
Grave abuse of discretion, defined
When additional evidence is allowed
An allegation of a trial court's lack of jurisdiction to render the assailed judgment, final order,
or resolution must be brought in a separate action for annulment of judgment under Rule 47
of the Rules of Civil Procedure.
Action for Annullment of Judgment, explained.
Rule on hearsay evidence
When to file petition for review under Rule 42 of the Rules of Court to assail the Regional Trial
Court's ruling upholding the Metropolitan Trial Court Order instead of filing a petition for
review on certiorari under Rule 45 with the Court.
Rule 42, Section 1 of the Rules of Court
When a question of law exists
Principle of hierarchy of courts and its exceptions
Section 2(c) of Rule 41
To determine the nature of the action and the jurisdiction of the court, the allegations in the
complaint must be examined.
Forum Shopping, def.
Test to determine whether a party violated the rule against forum shopping
Requisites of litis pendentia
Compulsory Counterclaim, def.
Effect of [n]otarization of a private document
Rule 132, Section 19 of the Revised Rules of Evidence
Rule II, Section 1 of A.M. No. 02-8-13-SC, the 2004 Rules on Notarial Practice
Rule II, Section 6 of the 2004 Rules on Notarial Practice
Rule II, Section 12, ""
Validity of a community tax certificate as a competent evidence of identity
Review of appeals filed before SC as "not a matter of right
10 Exceptions to the rule that only questions of law should be raised in petitions filed under
Rule 45
Illustration of "the inference made is manifestly mistaken," as an exception under the rule
that only questions of law should be raised in petitions filed under Rule 45
Construction arbitration vs. voluntary arbitration pursuant to Article 219(14) of the Labor
Code vs. commercial arbitration.
Mode of appeal from decision of CIAC - Rule 43
questions of fact cannot be raised in proceedings before the Supreme Court - which is not a
trier of facts - in respect of an arbitral award rendered under the aegis of the CIAC
factual findings of construction arbitrators are final and conclusive and not reviewable by this
Court on appeal; exceptions
difference between questions of law, properly cognizable in appeals from CIAC arbitral
awards, from questions of fact
Question of law vs. questions of fact
Section 12 and 13, Rule 123 of the Rules of Court in relation to interpretation of contracts
under the Civil Code
Sections 19 & 17, Rule 130 of the Rules of Court on Admissibility of Evidence in relation to
Article 1379 of Civil Code
Res judicata applies only in a final judgment in a civil case, not in an interlocutory order in a
criminal case. An order disposing a petition for bail is interlocutory. This order does not attain
finality when a new matter warrants a second look on the application for bail.
Bail, def.; Right fo Bail

Rule 114 of the Revised Rules on Criminal Procedure
Res Judicata, def. Res Judicata applied
Doctrine of res judicata as set forth in Section 47 of Rule 39 of the Revised Rules of Civil
Procedure
Rule 124, Section 18 of the Rules of Criminal Procedure, Application of certain rules in civil
procedure to criminal cases
Res judicata is a doctrine of civil law and thus has no bearing on criminal proceedings.
Interlocutory order
Elements of Res Judicata
Final Judgment vs. Interlocutory Order
Res judicata applies only when there is a final judgment on the merits of a case; it cannot be
availed of in an interlocutory order even if this order is not appealed.
Summary Hearing, def.
Section 9(b) of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women
and Their Children Act of 2004 (the Anti-VAWC Law)
Substituted service of summons in relation to Anti-VAWC Law
Nature of Preliminary investigation, or proceedings at the level of the prosecutor
Republic Act No. 9262 specifies three (3) distinct remedies available to victims of acts of
"violence against women and their children"
Section 5 of the Anti-VAWC Law
Section 6 of the Anti-VAWC Law
Section 1. Institution of criminal and civil actions under Rule 111 in relation to Rule V, Section
35 of the Implementing Rules and Regulations of the Anti-VAWC Law
Protection Order under Anti-VAWC Law
Republic Act No. 9262 allows for the issuance of three (3) kinds of protection orders
temporary protection order is a provisional relief

Section 9 of the Anti-VAWC Law enumerates the persons who may apply for the issuance of a
protection order
Section 33 of A.M. No. 04-10-11-SC RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN
The word used by Section 8 is "suspend."
preliminary investigation does not form part of trial.
The dismissal of a complaint on preliminary investigation by a prosecutor "cannot be
considered a valid and final judgment.
Forum shopping
forum shopping can be committed in several ways
test for determining forum shopping
litis pendentia
requisites of litis pendentia
res judicata or prior judgment elements
ruling in an investigative exercise - such as fact-finding investigations and preliminary

investigation - could not be the basis of res judicata, or of forum shopping
preliminary investigation conducted by a public prosecutor was merely inquisitorial and was
definitely not a quasi-judicial proceeding
preliminary investigation vs other quasi-judicial proceedings
Although the prosecutor's dismissal of a criminal complaint does not give rise to res judicata
vis-a-vis subsequent civil and quasi-judicial proceedings, neither does it engender double
jeopardy - so-called "res judicata in prison grey" — should the alleged perpetrator's criminal
liability still be subsequently pursued.
Res judicata is a doctrine of civil law and thus has no bearing on criminal proceedings.
double jeopardy
It is settled that the dismissal of a case during its preliminary investigation does not constitute
double jeopardy
"summons" in the Anti-VAWC Law
Summons, def.
In an action in personam, brought to enforce personal rights and obligations, jurisdiction over
the person of the defendant is mandatory. In such actions, therefore, summonses serve not
only to notify the defendant of the filing of an action, but also to enable acquisition of
jurisdiction over his person.
summons vs temporary protection orders
Section 15 of the Anti-VAWC Law's reference to "immediate personal service"
In the silence of A.M. No. 04-10-11-SC, service of summons - the means established by the
1997 Rules of Civil Procedure for informing defendants and/or respondents of the filing of
adverse actions, and for the acquisition of jurisdiction over their persons - remains
efficacious.
Rule 14, Section 6 of the 1997 Rules of Civil Procedure
Rule 14, Section 6 recognizes two (2) alternative ways through which personal service may be
effected
Jurisprudence has long settled that, with respect to residents temporarily out of the
Philippines, the availability of extraterritorial services does not preclude substituted service.
Substituted service . . . upon a temporarily absent resident, it has been held, is wholly
adequate to meet the requirements of due process.
The constitutional requirement of due process exacts that the service be such as may be
reasonably expected to give the notice desired.
Section 18, Rule 14
Rule 14, Section 7 stipulates that substituted service may be resorted to "[i]f, for justifiable
causes, the defendant cannot be [personally] served within a reasonable time."
Judgment in Personam
the warrantless arrest of the accused was unlawful being outside the scope of Sec. 5, Rule
113
Under Rule 45 of the Rules of Court, a petition for review on certiorari shall only pertain to
questions of law.
Procedural rules, we must stress, should be treated with utmost respect and due regard since
they are designed to facilitate the adjudication of cases to remedy the worsening problem of
delay in the resolution of rival claims and in the administration of justice. The requirement is
in pursuance to the [B]ill of [R]ights inscribed in the Constitution which guarantees that "all
persons shall have a right to the speedy disposition of their cases before all judicial, quasi-
judicial and administrative bodies."
in an administrative proceeding, the quantum of proof required to establish guilt is

substantial evidence
The determination .of whether the element of deceit or fraud is present in a charge for estafa
is a question of fact as it involves a review of the lower court's appreciation of the evidence.
As a rule, an accused can only be convicted of the crime with which he or she is charged. This
rule proceeds from the Constitutional guarantee that an accused shall always be informed of
the nature and cause of the accusation against him or her. An exception to this is the rule on
variance under Rule 120, Section 4 of the Revised Rules of Criminal Procedure
Probable cause in search warrant
instances of reasonable warrantless searches

arrest must precede the search
"reliable information" alone is not sufficient to justify a warrantless arrest under Section 5 (a),
Rule 113.
the arrest and the search were substantially contemporaneous
This Court stresses that where miniscule amounts of drugs are involved, trial courts should
require more exacting compliance with the requirements under Section 21 of Republic Act
No. 9165
finding of guilt is essentially a question of fact.
It is a well-settled rule that an appeal in a criminal case throws the whole case wide open for
review and that it becomes the duty of the Court to correct such errors as may be found in
the judgment appealed from, whether they are assigned as errors or not.
SECTION 5. Arrest without warrant; when lawful, Rule 113
any objection involving a warrant of arrest or the procedure for the acquisition by the court
of jurisdiction over the person of the accused must be made before he enters his plea
an accused may be estopped from assailing the illegality of his arrest if he fails to move for
the quashing of the information against him before his arraignment
since the legality of an arrest affects only the jurisdiction of the court over the person of the
accused, any defect in the arrest of the accused may be deemed cured when he voluntarily
submits to the jurisdiction of the trial court.
illegal arrest of an accused is not a sufficient cause for setting aside a valid judgment rendered
upon a sufficient complaint after a trial free from error; such arrest does not negate the
validity of the conviction of the accused.
As with certain constitutional rights,62 the right to question the validity of a warrantless
arrest can be waived. This waiver, however, does not carry with it a waiver of the
inadmissibility of the evidence seized during the illegal arrest.
Replevin as a principal remedy and a provisional relief
Replevin, def.
Rule 60, Section 2
Bond under Rule 60, Replevin, vs. Bond under Rule 57, Preliminary Attachment vs. Bond
under Rule 58, Preliminary Injunction vs. Bond under Rule 59, Receivership
Quantum of proof in administrative proceeding
Substantial evidence, def.
Elements of Res Judicata
Rule 110, Section 16 of the Rules of Court - Bail Bond

Propriety of Rule 122 (Appeal in Criminal Proceedings) instead of Rule 65 - Petition for
Certiorari
Remedy agasint order grating a motion to withdraw an information and dismissing a criminal
case
Appealing the withdrawal of an information does not violate the right of the accused against
being placed in double jeopardy
Remedy to assail interlocutory order vs. remedy to assail final order in criminal cases
Rule 114, Section 22 of the Rules of Court provides the guidelines for the cancellation of bail
Section 21 of Republic Act No. 9165, as amended by Republic Act No. 10640
Chain of custody, def.
Quantum of evidence required in criminal cases is proof beyond reasonable doubt.
identity of the perpetrator of a crime and a finding of guilt may rest solely on the strength of
circumstantial evidence.
direct evidence vs circumstantial evidence
Rule 113, Section 4 of the Rules on Evidence
The period to redeem a property sold in an extrajudicial foreclosure sale is not extendible.
invalidity of an arrest
Lack of jurisdiction over the person of an accused as a result of an invalid arrest must be
raised through a motion to quash before an accused enters his or her plea.
voluntary submission of an accused to the jurisdiction of the court and his or her active
participation during trial cures any defect or irregularity that may have attended an arrest.
admissibility of evidence seized

whether the warrantless search was incidental to a lawful arrest
search incidental to a lawful arrest
three (3) grounds that will justify a warrantless arrest. Rule 113, Section 5 of the Revised
Rules of Criminal Procedure
warrantless search
The warrantless search cannot be justified under the reasonable suspicion requirement in
"stop and frisk" searches
Substantial evidence
The rule is that no evidence shall be allowed during trial if it was not identified and pre-
marked during trial.
PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF

COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES
A.M. No. 03-1-09-SC
The trial court retains its discretion to allow any evidence to be presented at trial even if not
previously marked during pre-trial.
The determination of the credibility of witnesses is a question of fact that should not be
reviewed by this Court in a petition for review on certiorari under Rule 45 of the Rules of
Court.
Fraud is a question of fact that should be alleged and duly proven.
Failure to comply with the chain of custody requirements in drugs cases will result in an
accused's acquittal.
Rule 133, Section 2 of the Rules of Court - Proof beyond reasonable doubt
Burden of proof
Chain of custody
Section 21 of the Comprehensive Dangerous Drugs Act, as amended by Republic Act No.
10640
four (4) links in the chain of custody
Republic Act No. 876, or the Arbitration Law
Special Rules of Court on Alternative Dispute Resolution
While there is uniformity between appeals of the different quasi-judicial agencies, Rule 43
does not automatically apply to all appeals of arbitral awards.
Rule 43 must be read together with the Construction Industry Arbitration Law, which provides
that appeals of arbitral awards must only raise questions of law
question of law vs question of fact
When a party assails a lower court's appreciation of the evidence, that party raises a question
of fact that cannot be entertained in a petition for review filed under Rule 45 of the Rules of
Court
The failure to attach material portions of the record will not necessarily cause the outright
dismissal of the petition. While Rule 45, Section 4 of the Rules of Court requires that the
petition "be accompanied by ... such material portions of the record as would support the
petition,"66 this Court may still give due course if there is substantial compliance with the
Rules.
Rule 45, Section 7

Rule 45 of the Rules of Court requires that a petition for review on certiorari only raise
questions of law.
question of fact and a question of law
Appeal is not a matter of right but of sound judicial discretion
Exceptions to rule that only questions of law are entertained by SC
there is a question of fact "when the issue presented before this court is the correctness of
the lower courts' appreciation of the evidence presented by the parties."
"[n]egligence, that is, a failure to comply with some duty of care owed by one to another, is a
mixed question of law and fact.
Jurisdiction of RTC - incapable of pecuniary estimation
Rule 45 of the Rules of Court allows for a direct recourse to this Court by appeal from a
judgment, final order, or resolution of the Regional Trial Court. Rule 45, Section 1
petition for review with the Court of Appeals

question of law and a question of fact
issue of jurisdiction is a pure question of law
Jurisdiction, def.
Courts exercise the powers conferred on them with binding effect if they acquire jurisdiction
over: "(a) the cause of action or the subject matter of the case; (b) the thing or the res; (c) the
parties; and (d) the remedy.
Jurisdiction over the thing or the res
Jurisdiction over the parties
Jurisdiction over the cause of action or subject matter of the case
Jurisdiction is conferred by the Constitution, with Congress given the plenary power, for cases
not enumerated in Article VIII, Section 567 of the Constitution, to define, prescribe, and
apportion the jurisdiction of various courts.
Batas Pambansa Blg. 129, or the Judiciary Reorganization Act of 1980
jurisdiction over the subject matter is determined by examining the material allegations of
the complaint and the relief sought
to determine whether the subject matter of an action is incapable of pecuniary estimation,

the nature of the principal action or remedy sought must first be established
even if it is assumed that the instant case were a real action and the correct docket fees were
not paid by petitioner, the case should not have been dismissed; instead, the payment of
additional docket fees should have been made a lien on the judgment award
Rule 58, Section 5 of the Rules of Court provides the instances when a temporary restraining
order may be issued
preliminary injunction vs restraining order
subject matter jurisdiction
Section 21 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous
Drugs Act of 2002, cannot be utilized to frustrate legitimate efforts of law enforcers. Minor
deviations from the mandated procedure in handling the corpus delicti must not absolve a
guilty defendant.
In crimes involving dangerous drugs, the State has the burden of proving not only the
elements of the offense but also the corpus delicti of the charge.
Section 21 of Republic Act No. 9165
chain of custody Section 21 of Republic Act No. 9165
2 elements in order to sustain a conviction for the illegal sale of dangerous drugs
Drugs Act of 2002 - Chain of Custody Rule
Proof beyond reasonable doubt, explained
the corpus delicti was not proven as the chain of custody was defective
corpus delicti, explained
four (4) links in the chain of custody of evidence
the prosecution's failure to prove that the abuse suffered by the victim had prejudiced her
normal development and want of credibility of the prosecution witnesses—are fundamentally
questions of fact which cannot be reaised under Rule 45.
As a rule, "only questions of law may be raised in a petition for review on certiorari under
Rule 45
There is a need for a certification of non-forum shopping to be attached to appeal before the
Office of the Director General of the Intellectual Property Office
rule on certification against forum shopping
strict application of Rule 42, in relation to Section 5, Rule 7 of the Revised Rules of Court is
not called for
Article III, Section 9 of the Constitution provides a substantive guarantee that private
property that is taken by the state for public use should be paid for with just compensation. If
the state does not agree with the property owner on a price, the state, through the
competent government agency, should file the proper expropriation action under Rule 67 of
the Revised Rules of Court
When an inverse condemnation is filed, the provisions for the appointment of commissioners
under Rule 32—not Sections 5, 6, 7, or 8 of Rule 67 of the Rules of Court—will be followed.
This Court outright denied the Petition for lack of a verified statement of material date of
filing of the Motion for Reconsideration of the assailed judgment under Rule 45, Sections 4(b)
and 5, in relation to Rule 56, Section 5(d).
The action of the trial court is expressly allowed under Rule 18, Section 5 of the 1997 Rules of
Civil Procedure. Section 5 provides that if it is the defendant who fails to appear, then the
plaintiff may be allowed "to present his evidence ex parte and the court to render judgment
on the basis thereof."
Attendance by the party and its counsel during a pre-trial conference is mandatory as
expressly stated under Rule 18, Section 4 of the 1997 Rules of Civil Procedure.
The procedure of designating the clerk of court as commissioner to receive and report
evidence to the court is likewise sanctioned by Rule 32 (Trial by Commissioner), Sections 2
and 3 of the 1997 Rules of Civil Procedure.
Rule 67 presupposes a prior filing of a complaint by the expropriator for eminent domain with
the appropriate court. If no such complaint is filed, the expropriator is considered to have
violated procedural requirements and, hence, waived the usual procedure prescribed in Rule
67.
state's power of eminent domain, elements
The right-of-way easement resulting in a limitation on property rights over the land traversed
by transmission lines also falls within the ambit of the term "expropriation."
Just compensation, def

rights of an accused while under custodial investigation
inadmissible evidence during custodial investigation
The general rule is that a Rule 45 petition for review on certiorari should only raise questions
of law.
instances when this Court allows questions of fact in a Rule 45 petition for review.
When there is question of law and question of fact
the so-called "request for appearance" is no different from the "invitation" issued by police
officers for custodial investigation
Section 2 of Republic Act No. 7438 - Rights of Persons Arrested, Detained or under Custodial
Investigation; Duties of Public Officers
Custodial Investigation, def.
Hearsay evidence
Simultaneously pursuing an appeal (or motion for reconsideration) and a petition for
annulment of judgment is an act of forum shopping.
Forum shopping, explained.
Presently, Rule 7, Section 5 of the 1997 Rules of Civil Procedure requires that a Certification
against Forum Shopping be appended to every complaint or initiatory pleading asserting a
claim for relief. It also provides for the consequences of willful and deliberate forum shopping
the rule requiring the inclusion of a Certification against Forum Shopping is distinct from the
rule against forum shopping.
test for determining forum shopping
litis pendentia
requisites of litis pendentia
res judicata or prior judgment
Rule 47 of the 1997 Rules of Civil Procedure
nature, purpose, and availability of petitions for annulment of judgment
Rule 47, Section 7 specifies the effect of a judgment granting a Petition for Annulment of
Judgment
motions for reconsideration of judgments and final orders (as opposed to Motions for
Reconsideration of interlocutory orders) are governed by Rule 37 of the 1997 Rules of Civil
Procedure
Rule 37, Section 3 specifies the effect of granting a motion for reconsideration
amended judgments vs supplemental judgments
motions for reconsideration of judgments and final orders vs petitions for annulment of
judgment
petition for annulment of judgment is based only on two (2) grounds
Rule 15, Section 8, commonly referred to as the Omnibus Motion Rule
The Omnibus Motion Rule explicitly refers to Rule 9, Section 1
lack of jurisdiction may be invoked as a ground in a motion for reconsideration.
a petition for annulment of judgment, if based on lack of jurisdiction, need not "allege that
the ordinary remedies of new trial, reconsideration or appeal were no longer available
through no fault of his.
the crux of the present Petition being the matter of forum shopping
Section 1, Rule 47 of the Rules of Court
Rule 71, Section 1 of the 1997 Rules of Civil Procedure, direct contempt
question of law and question of fact
exceptions to the rule that only questions of law should be the subject of a petition for review
under Rule 45
The issue of tenancy, in that whether a person is an agricultural tenant or not, is generally a
question of fact.
two concepts of res judicata
the doctrine of conclusiveness of judgment also applies in criminal cases.
The failure of law enforcers in buy-bust operations to photograph seized drugs in accordance
with Article II, Section 21 of Republic Act No. 9165, combined with the prosecution's failure to
address this omission, raises doubt on the identity of the drugs seized, especially when the
amount of dangerous drugs allegedly taken from the accused is minuscule.
chain of custody
Section 21 of RA 9165
Complete and utter noncompliance with the chain of custody requirements of Republic Act
No. 9165, or the Comprehensive Dangerous Drugs Act of 2002 (Comprehensive Dangerous
Drugs Act), inescapably leads to an accused's acquittal.
four (4) links that must be established in a confiscated item's chain of custody
weight of evidence
personal service is the preferred mode of service of summons
Substituted service
Failure to serve summons means that the court did not acquire jurisdiction over the person of
the defendant.
"voluntary appearance" in Rule 14, Section 20 of the Rules of Court
Jurisdiction over the parties
Violation of due process is a jurisdictional defect.
Rule 14, Sections 6 and 7 of the Rules of Court
jurisdiction over a defendant is acquired upon a valid service of summons or through the
defendant's voluntary appearance in court
actions in personam
Section 8, Rule 14
Although Rule 131, Section 3(m) of the Rules of Court provides that there is a disputable
presumption that "official duty has been regularly performed," in this case, presumption of
regularity does not apply.
Rule 14, Section 20 of the Rules of Court - Voluntary Appearance
Defects of summons are cured by voluntary appearance
It is well-established that the nature of a criminal charge is determined "by the recital of the
ultimate facts and circumstances in the complaint or information" and not by the caption of
the information or the provision of the law claimed to have been violated.
It is well-established that "[p ]hysical evidence is evidence of the highest order.

Drugs Act of 2002
Proof beyond reasonable doubt, def.
Verification and Certification of Non-Forum Shopping
The amendment to Section 4, Rule 7 entirely removed any reference to "belief" as basis.
"[u]naccompanied by any circumstance of suspicion and pursuant to Section 29, Rule 132 of
the Rules of Court, a certificate of ‘due search and inability to find’ sufficiently proved that
[the local civil registrar] did not issue [a] marriage license . . . to the contracting parties."
Forum Shopping
Litis pendentia
prior judgment or res judicata
Interim Rules of Procedure on Corporate Rehabilitation
The Interim Rules, not the Rules of Court, was the procedural law, which (at the time of the
pivotal incidents in this case) governed rehabilitation proceedings.
the intention of "prevent[ing] a creditor from obtaining an advantage" is applicable in the

context of an ongoing receivership.
Exception on the rule that ony question of law can be raised under Rule 45
Elements for Courts to give effect on Quitclaims
Exceptions to Rule 45
The determination of whether or not an employee is guilty of abandonment is a factual

matter. -in relation to Rule 45
Exception to Rule 45 - there is a variance in the findings of the Court of Appeals and the
National Labor Relations Commission
Forum shopping
Rule 7, Section 5 of the Rules of Court contains the rule against forum shopping
Rule 63, Section 1 of the New Rules of Court tells us when a cause of action exists to support
a complaint in interpleader:
Rule 43 instead of Rule 45 is the proper mode of appeal
Under Rule 2, Section 5 of the Rules of Court, a joinder of cause of action is allowed, provided
that it follows the conditions enumerated
Drugs Act of 2002.
"[p]roof beyond reasonable doubt, or that quantum of proof sufficient to produce a moral
certainty that would convince and satisfy the conscience of those who act in judgment," is
necessary to surmount the presumption of innocence.
The requirement for publication of a Notice of Sale in an extrajudicial foreclosure is complied
with when the publication is circulated at least in the city where the property is located.
annulment of the foreclosure proceeding.

The Internal Rules of the Supreme Court provide several grounds for inhibition in addition to
those stated under Rule 137, Section 1 of the Rules of Court.
Formal offer of evidence
Documentary evidence will generally prevail over testimonial evidence.
petitioner is not allowed to bring a new issue on appeal.
a new argument on appeal violates due process
newspaper of general circulation
The venue for a petition for voluntary insolvency proceeding under the Insolvency Law is the
Court of First Instance of the province or city where the insolvent debtor resides.
Section 13, paragraphs (a), (c), (d), (e), (f), and (h), Rule 44 of the Rules of Court."
A case is moot and academic when it ceases to present a justiciable controversy because of
supervening events so that a declaration would be of no practical use or value.
The term "may" in Rule 50, Section 1 of the Rules of Court means that the Court of Appeals
has discretion to dismiss an appeal based on the enumerated grounds
concepts of jurisdiction and venue
Section 4, Rule 4
Rule 65 of the Rules of Court or Article VIII, Section I of the Constitution
A party aggrieved by the rulings of the Senate or House Electoral Tribunal invokes the
jurisdiction of this Court through the vehicle of a petition for certiorari under Rule 65 of the
1997 Rules of Civil Procedure. An appeal is a continuation of the proceedings in the tribunal
from which the appeal is taken. A petition for certiorari is allowed in Article VIII, Section 1 of
the Constitution and described in the 1997 Rules of Civil Procedure as an independent civil
action. The viability of such a petition is premised on an allegation of "grave abuse of
discretion."
The term "grave abuse of discretion"

In lieu of direct evidence, facts may be proven through circumstantial evidence.
direct evidence vs circumstantial evidence
Rule 133, Section 4 of the Revised Rules on Evidence
Although the Revised Rules on Evidence's sole mention of circumstantial evidence is in
reference to criminal proceedings, this Court has nevertheless sustained the use of
circumstantial evidence in other proceedings.
"Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law."
In an action for quo warranto, the burden of proof necessarily falls on the party who brings
the action and who alleges that the respondent is ineligible for the office involved in the
controversy.
In proceedings before quasi-judicial bodies such as the Senate Electoral Tribunal, the requisite
quantum of proof is substantial evidence.
A determination of where the preponderance of evidence lies is a factual issue which, as a
rule, cannot be entertained in a Rule 45 petition.
Hearsay Rule
Questions of law vs. Questions of Fact
A determination of whether a matter has been established by a preponderance of evidence
is, by definition, a question of fact.
Rule 133, Section 1 of the Revised Rules on Evidence provides a guide on what courts may
consider in determining where the preponderance of evidence lies. SECTION 1.
Preponderance of evidence, how determined.
Questions on whether or not there was a preponderance of evidence to justify the award of
damages or whether or not there was a causal connection between the given set of facts and
the damage suffered by the private complainant or whether or not the act from which civil
liability might arise exists are questions of fact.
Rule 130, Section 36 of the Revised Rules on Evidence provides for the Hearsay Rule.
The Hearsay Rule, however, is not absolute. Sections 37 to 47 of Rule 130 of the Revised
Rules on Evidence enumerate the exceptions to the Hearsay Rule.
Rule 130, Section 44
Requisites for the Traffic Accident Investigation Report to be admissible as prima facie
evidence of the facts therein stated
Section 9 of the Revised Rule on Summary Procedure - Submission of Affidavits and Position
Papers
no appeal may be taken from an order of execution.80 Instead, it should have filed a petition
for certiorari — the appropriate special civil action under Rule 65 of the Rules of Court.
Rule 50, Section 1(i) of the Rules of Court allows the Court of Appeals to dismiss an appeal
where the order appealed from is not appealable.
The rule prohibiting appeals from orders of execution is based on the doctrine of immutability
of final judgments
doctrine of immutability of final judgments, def.
The doctrine of immutability of final judgments applies to decisions rendered by the Civil
Service Commission.
A decision of the Civil Service Commission becomes final and executory if no motion for
reconsideration is filed within the 15-day reglementary period under Rule VI, Section 80 of
the Uniform Rules on Administrative Cases in the Civil Service
the remedy of a petition for relief from judgment is not among those provided under the
Uniform Rules on Administrative Cases in the Civil Service.
all references in the amended Section 9 of B.P. No. 129 to supposed appeals from the NLRC to
the Supreme Court are interpreted and hereby declared to mean and refer to petitions for
certiorari under Rule 65. Consequently, all such petitions should henceforth be initially filed in
the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the
appropriate forum for the relief desired.
Rule 45 petition for review on certiorari in labor cases

Rule 45 petition for review on certiorari in labor cases
Grave abuse of discretion, amounting to lack or excess of jurisdiction, def.
n a Rule 45 petition for review on certiorari, this court will not review the factual
determination of the administrative bodies governing labor, as well as the findings of fact by
the Court of Appeals.
exceptions to the general rule that the findings of fact of labor tribunals, as affirmed by the
Court of Appeals, are binding on this court.
It is a basic rule in evidence that each party must prove his affirmative allegation. While
technical rules are not strictly followed in the NLRC, this does not mean that the rules on
proving allegations are entirely dispensed with. Bare allegations are not enough; these must
be supported by substantial evidence at the very least
Rule 27, Section 1 of the Revised Rules of Civil Procedure - Motion for production or
inspection; order.
Rule 18, Section 6 of the Rules of Court on Pre-Trial requires that the pre-trial briefs shall
include "[a] manifestation of their having availed or intention to avail themselves of discovery
procedures.
A.M. No. 03-1-09-SC, otherwise known as the Rule on Guidelines to be Observed by Trial
Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition - Discovery
Measures. Among other things, these rules direct trial courts to require parties to submit, at
least three (3) days before pretrial, pre-trial briefs containing "[a] manifestation of the parties
of their having availed or their intention to avail themselves of discovery procedures or
referral to commissioners."
purpose and policy behind modes of discovery
petition for review on certiorari under Rule 45
The review of appeals filed before this Court is "not a matter of right, but of sound judicial
discretion."
The Rules of Court requires that only questions of law should be raised in petitions filed under
Rule 45.
Factual questions are not the proper subject of an appeal by certiorari.
Rule 45 admits exceptions
When a motion to quash an information is based on a defect that may be cured by
amendment, courts must provide the prosecution with the opportunity to amend the
information.
A defect in the complaint filed before the fiscal is not a ground to quash an information.
Motion to Quash an Information

Rule 3, Section 2 of the 1997 Rules of Civil Procedure defines a real party in interest
necessary party under Rule 3, Section 8.
indispensable party under Rule 3, Section 7
rules on joinder of indispensable and necessary parties.
Evidence is hearsay when its probative value is based on the personal knowledge of a person
other than the person actually testifying.
Section 9(3) of Batas Pambansa Blg. 129 enumerates the appellate jurisdiction of the Court of
Appeals. This section includes the proviso: "except those falling within the appellate
jurisdiction of the Supreme Court[.]" This court's appellate jurisdiction is found in Article VIII,
Section 5(2)(e) of the Constitution

Rule 44, Section 13 of the Rules of Court enumerates the required contents of an appellant's
brief.
jurisdiction over the subject matter
SEC. 19. Jurisdiction in civil cases.-Regional Trial Courts
practical reasons when courts may refuse to entertain a case even though the exercise of
jurisdiction is authorized by law
courts may choose to assume jurisdiction subject to the following requisites:
Rule 16, Section 1(b)118 of the Rules of Court
Prescription is one of the grounds for a motion to dismiss, but petitioner did not avail itself of
this remedy.
The Philippines does not take judicial notice of foreign laws, hence, they must not only be
alleged; they must be proven.
Sections 24 and 25 of Rule 132 of the Revised Rules of Court
"[a]lthough the issue of jurisdiction may be raised at any stage of the proceedings as the
same is conferred by law, it is nonetheless settled that a party may be barred from raising it
on ground of laches or estoppel."
estoppel in pais, of estopped by deed or by record, and of estoppel by laches
The rationale that animates the rule on estoppel vis-à-vis jurisdiction applies with equal force
to quasi-judicial agencies as it does to courts.
certification against forum shopping must be executed by the party or principal and not by
counsel
moot and academic principle
commercial arbitration, voluntary arbitration under Article 219(14) of the Labor Code,66 and
construction arbitration
Under Rule 8, Section 10 of the Rules of Court, the "defendant must specify each material
allegation of fact the truth of which he does not admit and, whenever practicable, shall set
forth the substance of the matters upon which he relies to support his denial." There are
three (3) modes of specific denial provided for under the Rules
guidelines for the imposition of legal interest

Before actual damages may be awarded, it is imperative that the claimant proves its claims
first. The issue on the amount of actual or compensatory damages is a question of fact, and
except as provided by law or by stipulation, one is entitled to adequate compensation only for
pecuniary loss duly proven
Conditional Satisfaction of Judgment
Substantial evidence, def.
Questions of law Rule 45

The determination of probable cause for purposes of filing an information is lodged with the
public prosecutor. It is not reviewable by courts unless it is attended by grave abuse of
discretion.
Probable cause, in relation to the filing of an information
definition of probable cause was lifted from Rule 112, Section 1, paragraph 1 of the Revised
Rule 112, preliminary investigation
This Court is not a trier of facts. 89 The factual findings of the lower courts are accorded great
weight and respect.90 This is especially so in corporate rehabilitation proceedings, to which
commercial courts are designated on account of their expertise and specialized knowledge.
only questions of law should be raised in petitions for certiorari under Rule 45
Section 21 of Republic Act No. 9165 provides the manner by which law enforcement officers
should handle seized dangerous drugs
Failure to prove the preservation of the integrity of the corpus delicti in dangerous drugs
cases will lead to the acquittal of the accused on the ground of reasonable doubt.

chain of custody of the corpus delicti
Unlike an appeal, a pending petition for certiorari shall not stay the judgment or order that it
assails. Unless a restraining order or writ of preliminary injunction is issued, the assailed
decision lapses into finality. Thereafter, it can no longer be disturbed, altered, or modified,
and execution may ensue.
principle of finality of judgments
As basic as the principle of finality of judgments is the rule that filing a petition for certiorari
under Rule 65 of the 1997 Rules of Civil Procedure "shall not interrupt the course of the
principal case unless a temporary restraining order or a writ of preliminary injunction has
been issued against the public respondent from further proceeding in the case." Unlike an
appeal, a pending petition for certiorari shall not stay the judgment or order that it assails.
estoppel by laches
A.M. No. 03-l-09-SC does not remove the plaintiff's duty under Rule 18, Section 1 of the Rules
of Court to promptly move ex-parte to set his or her case for pre-trial after the last pleading
has been served and filed. While pre-trial promotes efficiency in court proceedings and aids in
decongesting dockets, A.M. No. 03-1-09-SC did not give sole burden on the courts to set cases
for pre-trial.
Rule 17,Section 3 of the Rules of Court on dismissals due to plaintiff’s fault.

Rule 17, Section 4 of the Rules of Court.
A.M. No. 03-1-09-SC entitled Re: Proposed Rule on Guidelines to be Observed by Trial Court
Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery
Measures took
Reading A.M. No. 03-1-09-SC together with Rule 17, Section 3 and Rule 18, Section 1 of the
Rules of Court accommodates the outright dismissal of a complaint upon plaintiff’s failure to
show justifiable reason for not setting the case for pre-trial within the period provided by the
Rules.
The state and its implementing agencies must first comply with the requirements outlined in
Section 4 of Republic Act No. 8974 before these are allowed to take possession of private
property for a national infrastructure project.
RA 8974 AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR LOCATION FOR

NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND FOR OTHER PURPOSES
A Writ of Possession may be issued only upon full compliance with Section 4 of Republic Act
No. 8974
The provisional value that must be paid under Section 4 of Republic Act No. 8974 should not
be confused with the payment of just compensation required by the Constitution in the
exercise of the power of eminent domain.
Rule 67, or even Section 19 of the Local Government Code.
Rule 132(B), Section 31 of the Rules of Evidence
The setting aside of an improperly issued Writ of Possession is not the same as the issuance of
an Injunctive Writ.
an injunction is a separate proceeding that must be instituted by a party seeking immediate

relief. Before an injunctive writ can be issued, a party must first establish a right to be
protected and show a perceived injury if the act complained of is not enjoined.
preliminary injunction
the applicant must follow the procedural requisites outlined in Rule 58 of the Rules of Civil
Procedure before a preliminary injunction may be granted by the court.
Rule 130, Section 9 of the Revised Rules on Evidence provides for the Parol Evidence Rule
Section 9. Evidence of written agreements.
a petition for review under Rule 45 of the Rules of Court may only raise questions of law
Rule 3, Section 16 of the Rules of Court - Death of party; duty of counsel
The trial court's failure to comply with procedural rules constitutes grave abuse of discretion
and may be the subject of a petition for certiorari before the Court of Appeals.
Rule 114, Section 22 - Cancellation of bail

writ of certiorari
Grave abuse of discretion, def.
Bail shall be deemed automatically cancelled in three (3) instances
Rule 65, Section 1
disagreement with the Ombudsman's findings is not enough to constitute grave abuse of
discretion
A preliminary investigation is only for the determination of probable cause
probable cause, def. in relation to preliminary investigation
Preliminary investigation is not part of trial and is conducted only to establish whether
probable cause exists. Consequently, it is not subject to the same due process requirements
that must be present during trial.
Rule 112, Section 3 of the Rules of Court - Procedure (in Preliminary Investigation)
The thirty (30)-day period provided in Section 112 of the 1997 National Internal Revenue
Code to appeal the decision of the Commissioner of Internal Revenue or its inaction is
statutorily provided. Failure to comply is a jurisdictional error.
Payment of the correct amount of filing fees should not be made contingent on the result of a
case.
The existence of novation and prescription of an action is a question of fact not cognizable
under a petition for review on certiorari under Rule 45 of the Rules of Court.
The general rale is that the issue of jurisdiction may be raised at any stage of the proceedings,
even on appeal, and is not lost by waiver or by estoppel.
a party may be estopped from questioning the lack of jurisdiction due to insufficient payment
of filing or docket fees, if the objection is not timely raised.
Under Rule 141, Section 1 of the Rules of Court, filing fees must be paid in full at the time an
initiatory pleading or application is filed.
For actions involving recovery of money or damages, the aggregate amount claimed should
be the basis for assessment of docket fees.
Supreme Court Administrative Circular No. 11-94, dated June 28, 1994, amending Rule 141 of
the Rules of Court.
Rule 141, Section 2 of the Rules of Court - Fees in lien.
Rule 45
Question of Law
Probative value of evidence
A party who files a Rule 45 Petition and asserts that his or her case warrants this Court's
review of factual questions bears the burden of proving two (2) things. First is the basic
exceptionality of his or her case such that this Court must go out of its way to revisit the
evidence. Second is the specific factual conclusion that he or she wants this Court to adopt in
place of that which was made by the lower tribunals. This dual burden requires a party to not
merely plead or aver. He or she must demonstrate and prove. His or her evidentiary task
persists before this Court precisely because he or she pleads this Court to sustain different
factual conclusions.
Rule 45 and Exceptions
Conviction in criminal actions demands proof beyond reasonable doubt. Rule 133, Section 2
of the Revised Rules on Evidence
When a party's counsel serves a notice of change in address upon a court, and the court
acknowledges this change, service of papers, processes, and pleadings upon the counsel's
former address is ineffectual. Service is deemed completed only when made at the updated
address. Proof, however, of ineffectual service at a counsel's former address is not necessarily
proof of a party's claim of when service was made at the updated address. The burden of
proving the affirmative allegation of when service was made is distinct from the burden of
proving the allegation of where service was or was not made. A party who fails to discharge
his or her burden of proof is not entitled to the relief prayed for.
is elementary that "[a]ppeal is not a matter of right but a mere statutory privilege." As such,
one who wishes to file an appeal "must comply with the requirements of the rules, failing in
which the right to appeal is lost."
In accordance with Rule 36, Section 2 of the 1997 Rules of Civil Procedure, unless a Motion
for Reconsideration is timely filed, the judgment or final order from which it arose shall
become final
In turn, Rule 37, Section 1, in relation to Rule 41, Section 3 of the 1997 Rules of Civil
Procedure, allows for 15 days from notice of a judgment or final order within which a Motion
for Reconsideration may be filed
Rule 13, Section 2 of the 1997 Rules of Civil Procedure provides definition of filing and service
Rule 13, Section 9 of the 1997 Rules of Civil Procedure provides for three (3) modes of service
of judgments or final orders: first, personal service; second, service by registered mail; and
third, service by publication.
Rule 13, Section 10 specifies when the first two (2) modes - personal service and service by
registered mail - are deemed completed, and notice upon a party is deemed consummated
requisites for the admission of parol evidence
A petition for review on certiorari is the remedy provided in Rule 45, Section 1 of the Rules of
Court against an adverse judgment, final order, or resolution of the Court of Appeals, the
Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law
Rule 64 of the Rules of Court pertains to "Review of Judgments and Final Orders or
Resolutions of the Commission on Elections and the Commission on Audit." Section 1 of Rule
64 defines the scope of the Rule, while section 2 refers to "Mode of Review" and provides
that the judgments, final orders, and resolutions of the Commission on Audit are to be
brought on certiorari to this Court under Rule 65.
a Petition for Review on Certiorari under Rule 45 is an appeal and a true review that involves
"digging into the merits and unearthing errors of judgment."[55] However, despite the
repeated use of the word "review" in Rule 64, the remedy is principally one for certiorari that
"deals exclusively with grave abuse of discretion, which may not exist even when the decision
is otherwise erroneous."
That the remedy against an adverse decision, order, or ruling of the Commission on Audit is a
petition for certiorari, not review or appeal, is based on Article IX-A, Section 7 of the
Constitution
Jurisdiction over the subject matter of a complaint is conferred by law. It cannot be lost
through waiver or estoppel. It can be raised at any time in the proceedings, whether during
trial or on appeal.
Jurisdiction over the subject matter of a complaint is conferred by law. It cannot be lost
through waiver or estoppel. It can be raised at any time in the proceedings, whether during
trial or on appeal.
It is only when the circumstances in Tijam are present that a waiver or an estoppel in
questioning jurisdiction is appreciated.
Subject matter jurisdiction is a court's or tribunal's power to hear and determine cases of a
general class or type relating to specific subject matters.65 This jurisdiction is conferred by
law.
Where there is no jurisdiction over a subject matter, the judgment is rendered null and void.
A void judgment has absolutely no legal effect, "by which no rights are divested, from which
no rights can be obtained, which neither binds nor bars any one, and under which all acts
performed and all claims flowing out of are void."78 Because there is in effect no judgment,
res judicata does not apply to commencing another action despite previous adjudications
already made.
Estoppel by laches bars a party from invoking lack of jurisdiction in an unjustly belated
manner especially when it actively participated during trial.
Laches, def.
The general rule should, however, be, as it has always been, that the issue of jurisdiction may
be raised at any stage of the proceedings, even on appeal, and is not lost by waiver or by
estoppel. Estoppel by laches, to bar a litigant from asserting the court's absence or lack of
jurisdiction, only supervenes in exceptional cases similar to the factual milieu of Tijam v.
Sibonghanoy.
Rule 132, Sections 34 and 35 of the Rules of Court are mandatory, regardless if an opposing
party timely objected.
Rule 132, Sections 34 to 36 of the Rules of Court govern the manner of offering and objecting
to evidence
An offer of evidence in writing shall be objected to within three (3) days after notice of the
offer unless a different period is allowed by the court.
testimonial evidence not formally offered but not timely objected to by an opposing party
may be still be considered by the court.
questions of law in a Rule 45 petition.
The Rules of Court categorically states that a review of appeals filed before this Court is "not a
matter of right, but of sound judicial discretion." (Rule 54, Section 6)
The Rules of Court further requires that only questions of law should be raised in petitions
filed under Rule 45
10 recognized exceptions of Rule 45
that "the inference made is manifestly mistaken";[42] and that "[t]he findings of the Court of
Appeals are contrary to those of the trial court, necessitating a review of the question of fact
raised before this Court."
The Rules of Court further requires that only questions of law should be raised in petitions
filed under Rule 45
10 recognized exceptions of Rule 45
The determination of agency is ultimately factual in nature and this Court sees no reason to
reverse the findings of the Regional Trial Court and the Court of Appeals.
It must be added that the illegitimate child is now also allowed to establish his claimed
filiation by "any other means allowed by the Rules of Court and special laws," like his
baptismal certificate, a judicial admission, a family Bible in which his name has been entered,
common reputation respecting his pedigree, admission by silence, the testimonies of
witnesses, and other kinds of proof admissible under Rule 130 of the Rules of Court.
An admission is an act, declaration, or omission of a party on a relevant fact, which may be

used in evidence against him.
evidentiary nature of public documents
principle of hierarchy of courts.
The term "grave abuse of discretion" has been generally held to refer to such arbitrary,
capricious, or whimsical exercise of judgment as is tantamount to lack of jurisdiction
The Court finds that in a petition for disqualification of a nuisance candidate, the only real
parties in interest are the alleged nuisance candidate, the affected legitimate candidate,
whose names are similarly confusing.
A real [party-in-interest] is the party who stands to be benefited or injured by the judgment in
the suit or the party entitled to the avails of the suit.
The determination of whether petitioner acted in good faith is a factual matter, which cannot
be raised before this Court in a Rule 45 petition.
doctrine of immutability of judgments - A judgment that lapses into finality becomes

immutable and unalterable. It can neither be modified nor disturbed by courts in any manner
even if the purpose of the modification is to correct perceived errors of fact or law. Parties
cannot circumvent this principle by assailing the execution of the judgment. What cannot be
done directly cannot be done indirectly.
Exceptions to Doctrine of Immutability of Judgments

judgment nunc pro tunc
concept of nunc pro tunc judgments
nature and the effects of void judgments
writ of execution
The manner of execution of judgments for money is specifically governed by Rule 39, Section
9 of the Rules of Court.
An action for injunction filed by a corporation generally does not lie to prevent the
enforcement by a stockholder of his or her right to inspection.
For an action for injunction to prosper, the applicant must show the existence of a right, as
well as the actual or threatened violation of this right.
writ of preliminary injunction to be issued, Rule 58 of the Rules of Court
requisites for preliminary injunctive relief
exceptions to the rule of declining jurisdiction over moot and academic cases
real party in interest
Money claims against the government cannot be the subject of writs of execution absent any
showing that they have been brought before the Commission on Audit, under this Court's
Administrative Circular No. 10-2000 and Commission on Audit Circular No. 2001-002.
It is elementary in remedial law that the use of an erroneous mode of appeal is cause for
dismissal of the petition for certiorari and it has been repeatedly stressed that a petition for
certiorari is not a substitute for a lost appeal. This is due to the nature of a Rule 65 petition
for certiorari which lies only where there is "no appeal," and "no plain, speedy and adequate
remedy in the ordinary course of law."
A Rule 45 petition pertains to questions of law and not to factual issues.

A judgment on compromise agreement is a judgment on the merits. It has the effect of res
judicata, and is immediately final and executory unless set aside because of falsity or vices of
consent. The doctrine of immutability of judgments bars courts from modifying decisions that
have already attained finality, even if the purpose of the modification is to correct errors of
fact or law.
parameters of judicial review for a labor case under Rule 45
A court or tribunal is said to have acted with grave abuse of discretion when it capriciously
acts or whimsically exercises judgment. The abuse of discretion must be so flagrant that it
amounts to a virtual refusal to perform a duty as provided by law. "Mere abuse of discretion
is not enough."
The venue for the collection of sum of money case is governed by Rule 4, Section 2 of the
Rules of Court.
Venue, def.
an action for collection of sum of money is a personal action
One (1) of the grounds for dismissal of an action under Rule 16, Section 1126 of the 1997
Revised Rules of Civil Procedure is when the venue is improperly laid.
Raising a factual question for the first time on appeal is not allowed.
In the interest of justice and within the sound discretion of the appellate court, a party may
change his legal theory on appeal, only when the factual bases thereof would not require
presentation of any further evidence by the adverse party in order to enable it to properly
meet the issue raised in the new theory.
The existence or non-existence of fraud is a legal conclusion based on a finding that the
evidence presented is sufficient to establish facts constituting its elements.1 Questions of fact
are generally not entertained in a petition for review before this court.
petitions for a review or reopening of a decree of registration based on actual fraud must be
filed before the proper court within the one-year period provided under the relevant laws.
A petition for review filed under Rule 45 may raise only questions of law.
doctrine on hierarchy of courts
Section 32 of Presidential Decree No. 1529, otherwise known as the Property Registration
Decree, governs the review of registration decrees
Intra-corporate controversies, previously under the Securities and Exchange Commission's

jurisdiction, are now under the jurisdiction of Regional Trial Courts designated as commercial
courts. However, the transfer of jurisdiction to the trial courts does not oust the Securities
and Exchange Commission of its jurisdiction to determine if administrative rules and
regulations were violated.
jurisdiction over intra-corporate disputes and all other cases enumerated in Section 5 of
Presidential Decree No. 902-A had already been transferred to designated Regional Trial
Courts. Section 5.2 of Republic Act No. 8799
The nature of the action — whether it involves corporate rights and obligations — is
determined by the allegations and reliefs in the complaint.
When petition for review under Rule 45 should have been filed instead of a petition for
certiorari under Rule 65 of the Rules of Court
special civil action for certiorari
As a general rule, only matters assigned as errors in the appeal may be resolved. Rule 51,
Section 8 of the Rules of Court
Inasmuch as the Court of Appeals may consider grounds other than those touched upon in
the decision of the trial court and uphold the same on the basis of such other grounds, the
Court of Appeals may, with no less authority, reverse the decision of the trial court on the
basis of grounds other than those raised as errors on appeal. We have applied this rule, as a
matter of exception, in the following instances
Section 9 of Batas Blg. 129 grants the Court of Appeals the power to ·· receive evidence and
perform any and all acts necessary to resolve factual issues raised in cases falling within its
original and appellate jurisdiction
In determining the sufficiency of a cause of action for resolving a motion to dismiss, a court
must determine, hypothetically admitting the factual allegations in a complaint, whether it
can grant the prayer in the complaint.
essential elements of a cause of action
a private document offered as authentic evidence shall not be admitted unless its due
execution and authenticity are established in the manner specified by Rule 132, Section 30 of
the Revised Rules on Evidence
Admissibility of evidence and weight accorded to evidence are two distinct affairs. Rule 128,
Section 3 of the Revised Rules on Evidence governs admissibility and provides that
"[e]vidence is admissible when it is relevant to the issue and is not excluded by the law of
these rules." When evidence has "such a relation to the fact in issue as to induce belief in its
existence or non-existence," it is said to be relevant. When evidence is not excluded by law or
by the Rules, it is said to be competent.
courts evaluate evidence in accordance with the rules stipulated by Rule 133 of the Revised
Rules on Evidence
The Rules of Court thus requires lawyers to secure special authority from their clients when
entering into a compromise agreement that dispenses with litigation: SEC. 23. Authority of
attorneys to bind clients.
The Rules of Court provides for attorney’s retaining lien
A liberal construction of the rules of procedure, including the period within which a petition
for review must be filed, requires justifiable reasons or at least a reasonable attempt at
compliance with them.
Rule 45, Section 2 of the Rules of Court clearly provides for the period within which a petition
for review must be filed
An insured member may be compelled to arbitration pursuant to the Rules of the Protection
and Indemnity Club, which were incorporated in the insurance policy by reference. Where
there are multiple parties, the court must refer to arbitration the parties covered by the
agreement while proceeding with the civil action against those who were not bound by the
arbitration agreement.
The appeal from a final disposition of the Court of Appeals is a petition for review under Rule
45 and not a special civil action under Rule 65.
Rule 45, Section 1
Section 4 of the Arbitration Law which provides that "a contract to arbitrate a controversy
thereafter arising between the parties, as well as a submission to arbitrate an existing
controversy shall be in writing and subscribed by the party sought to be charged, or by his
lawful agent."
Under Rule 45 of the Rules of Court, a petition for review must be verified[69] and must
contain a sworn certification against forum shopping.
Verification and Certification of Non-Forum Shopping
Under the freedom of contract principle, parties to a contract may stipulate on a particular
method of settling any conflict between them. Arbitration and other alternative dispute
resolution methods like mediation, negotiation, and conciliation are favored over court
action. Republic Act No. 9285
"Alternative Dispute Resolution Act of 2004.
Section 25 of Republic Act No. 9285 is explicit that:

[W]here action is commenced by or against multiple parties, one or more of whom are
parties to an arbitration agreement, the court shall refer to arbitration those parties who are
bound by the arbitration agreement although the civil action may continue as to those who
are not bound by such arbitration agreement.
concept of contempt
this Court finds Sulpicio's claim for damages to be improperly raised. It should be addressed
in an ordinary civil action.
G.R./A.C. No. Title Date Decided
CE CONSTRUCTION
G.R. No.
CORPORATION VS. ARANETA August 9, 2017
192725
CENTER INC.
G.R. No. PEOPLE OF THE PHILIPPINE vs.
214300 MANUEL ESCOBAR July 26, 2017
G.R. No. STEVEN R. PAVLOW v. CHERRY

April 19, 2017
181489 L. MENDENILLA
QUIRINO T. DELA CRUZ VS.

G.R. No.
NATIONAL POLICE January 07, 2019
215545
COMMISSION
G.R. No. MARIA C. OSORIO vs.

JULY 2, 2018
207711 PEOPLE OF THE PHILIPPINES
JESUS APARENTE Y VOCALAN

G.R. No. VS. PEOPLE OF THE September 27, 2017
205695
PHILIPPINES
BANGKO SENTRAL NG
G.R. No.
PILIPINAS VS. COMMISSION September 19, 2017
213581
ON AUDIT
G.R. No. SIMEON LAPI y MAHIPUS vs.

February 13, 2019
February 13, 2019
G.R. No. OFFICE OF THE OMBUDSMAN

July 23, 2018
211450 v. LOVING F. FETALVERO, JR.
PERSONAL COLLECTION
G.R. No.
DIRECT SELLING, INC. vs. November 8, 2017
206958
TERESITA L. CARANDANG
G.R. No. MARIO VERIDIANO y SAPI vs.

June 7, 2017
MARIO C. MADRIDEJOS vs.

G.R. No. NYK-FIL SHIP MANAGEMENT June 7, 2017
204262 INC.
COMMISSIONER OF INTERNAL
G.R. No. REVENUE vs. FITNESS BY November 9, 2016
215957
DESIGN, INC.
FIRST SARMIENTO PROPERTY

G.R. No.
HOLDINGS, INC. v. PHILIPPINE June 19, 2018
202836
BANK OF COMMUNICATIONS
G.R. No. PEOPLE OF THE PHILIPPINES

August 23, 2017
210677 VS. ABUNDIO M. SARAGENA
DIVINA PALAO vs.

G.R. No.
FLORENTINO INTERNATIONAL, January 18, 2017
186967
INC.
NATIONAL POWER
September 14, 2016
TARCINIA ASOQUE
G.R. No. ARIEL LOPEZ v. PEOPLE OF THE

June 29, 2016
212186 PHILIPPINES
August 17, 2015

G.R. No. MONICO LIGTAS v. PEOPLE OF
G.R. No. PEOPLE OF THE PHILIPPINES February 13, 2019

224297 VS. EDGARDO ROYOL Y ASICO
PEOPLE'S GENERAL
G.R. No. INSURANCE CORPORATION
204759 ccv. EDGARDO GUANSING AND November 14, 2018
EDUARDO LIZASO
REPUBLIC OF THE PHILIPPINES
G.R. No.
VS. SPOUSES DANILO GO AND August 2, 2017
197297
AMORLINA GO

vs. July 26, 2017
205614
JAIME SEGUNDO y IGLESIAS
G.R. No. REPUBLIC OF THE PHILIPPINES

February 10, 2016
171041 v. MOLDEX REALTY, INC.
GOTESCO PROPERTIES, INC. vs.

G.R. No. SOLID BANK CORPORATION
July 26, 2017
209452 (NOW METROPOLITAN BANK
AND TRUST COMPANY)
PILIPINAS SHELL PETROLEUM

G.R. No.
188146
ROYAL FERRY SERVICES, INC.
RIZALITO Y. DAVID VS. SENATE September 20, 2016
G.R. No. ELECTORAL TRIBUNAL AND
221538 MARY GRACE POE-
LLAMANZARES
THE PROVINCIAL
G.R. No.
GOVERNMENT OF AURORA v. April 22, 2015
202331
HILARIO M. MARCO
PROTECTIVE MAXIMUM
G.R. No.
169303
CELSO E. FUENTES
ENGINEER MANOLITO P.
G.R. No.
MENDOZA v. COMMISSION ON September 10, 2013
195395
AUDIT
G.R. No.
REVENUE vs. January 25, 2017
205045
SAN MIGUEL CORPORATION
VAN CLIFFORD TORRES y

G.R. No.
SALERA vs. January 18, 2017
206627
PEOPLE OF THE PHILIPPINES
PHILIPPINE NATIONAL
CONSTRUCTION
G.R. No.
CORPORATION v. ASIAVEST August 19, 2015
172301
MERCHANT BANKERS (M)
BERHAD
FAR EAST BANK AND TRUST

G.R. No.
COMPANY vs. July 8, 2015
187491
LILIA S. CHUA
G.R. No.
COMPANY vs. July 8, 2015
187491
LILIA S. CHUA

December 3, 2014
211465 vs. SHIRLEY A. CASIO
G.R. No. WORKS AND HIGHWAYS v.
179732 CMC/MONARK/PACIFIC/HI-TRI September 13, 2017
JOINT VENTURE
SECURITIES AND EXCHANGE

COMMISSION vs. PRICE
G.R. No.
RICHARDSON CORPORATION, July 26, 2017
197032
CONSUELO VELARDE-ALBERT,
and GORDON RESNICK
METROPOLITAN BANK AND January 25, 2017

TRUST COMPANY vs.
G.R. No.
LIBERTY CORRUGATED BOXES
184317
MANUFACTURING
CORPORATION

G.R. No.
v. HEIRS OF GABRIEL Q. March 25, 2015
175493
FERNANDEZ
EDWIN GRANADA REYES vs.

THE OFFICE OF THE
G.R. No.
OMBUDSMAN, THE June 5, 2017
208243
SANDIGANBAYAN, and PAUL
JOCSON ARCHES
RICHARD N. RIVERA, Petitioner

G.R. No. v. GENESIS TRANSPORT August 3, 2015
215568 SERVICE, INC. AND RIZA A.
MOISES
DEPARTMENT OF EDUCATION
G.R. No. REPRESENTED BY ITS June 3, 2019
200170
SECRETARY BRO. ARMIN A.
LUISTRO, FSC
OFFICE OF THE OMBUDSMAN,
REPRESENTED BY
G.R. Nos.
OMBUDSMAN CONCHITA February 7, 2018
208481-82
CARPIO MORALES v. MARIA
ROWENA REGALADO
CAPISTRANO DAAYATA,
G.R. No. DEXTER SALISI, and BREGIDO
March 8, 2017
205745 MALA CAT, JR. vs PEOPLE OF
THE PHILIPPINES
MARIA THERESA G. GUTIERREZ

G.R. No. v. COMMISSION ON AUDIT
January 13, 2015
200628 AND AUDITOR NARCISA DJ
JOAQUIN
ADELAIDO ORIONDO,
TEODORO M. HERNANDEZ,
G.R. No. RENATO L. BASCO, CARMEN
June 4, 2019
211293 MERINO, AND REYNALDO
SALVADOR VS. COMMISSION
ON AUDIT
QUEZON CITY PTCA

G.R. No. FEDERATION, INC., vs.
DEPARTMENT OF EDUCATION, February 23, 2016
188720
represented by SECRETARY
JESLI A. LAPUS,
REYNALDO S. ZAPANTA,
G.R. No. EDILBERTO U. LAGASCA, v.
COMMISSION ON ELECTIONS March 5, 2019
233016
AND ALFRED J. ZAPANTA;
EDILBERTO U. LAGASCA
EDILBERTO U. LAGASCA, v.
G.R. No.
COMMISSION ON ELECTIONS March 5, 2019
233016
AND ALFRED J. ZAPANTA;
EDILBERTO U. LAGASCA
HEIRS OF LEOPOLDO DELFIN

AND SOLEDAD DELFIN,
G.R. No. NAMELY EMELITA D.
November 28, 2016
193618 FABRIGAR AND LEONILO C.
DELFIN VS. NATIONAL
HOUSING AUTHORITY
ALLIANCE FOR RURAL AND

AGRARIAN RECONSTRUCTION,
G.R. No.
INC., ALSO KNOWN AS ARARO December 10, 2013
192803
PARTY-LIST vs. COMMISSION
ON ELECTIONS
REPUBLIC OF THE PHILIPPINES,

REPRESENTED BY THE
REGIONAL EXECUTIVE
G.R. No.
DIRECTOR, REGION X, February 4, 2019
198008
WORKS AND HIGHWAYS VS.
BENJOHN FETALVERO
THE PHILIPPINE GEOTHERMAL,

INC. EMPLOYEES UNION VS.
G.R. No. UNOCAL PHILIPPINES, INC.
190187 (NOW KNOWN AS CHEVRON September 28, 2016
GEOTHERMAL PHILIPPINES
HOLDINGS
MIGUEL "LUCKY" GUILLERMO

and AV MANILA CREATIVE
PRODUCTION CO. vs
G.R. No.
PHILIPPINE INFORMATION March 15, 2017
223751
AGENCY and DEPARTMENT OF
PUBLIC WORKS AND
HIGHWAYS
STEAMSHIP MUTUAL
GR. No. UNDERWRITING ASSOCIATION
September 20, 2017
196072 (BERMUDA) LIMITED VS.
SULPICIO LINES, INC.
Topic
Administrative Agency. [The CIAC] as a quasi-judicial agency
Quasi-judicial agency, def.
Article III, Section 13 of the 1987 Constitution
quasi-judicial proceeding in administrative law
test for determining whether an administrative body is exercising judicial or merely

investigatory functions
Substituted service . . . upon a temporarily absent resident, it has been held, is
wholly adequate to meet the requirements of due process.
The constitutional requirement of due process exacts that the service be such as
may be reasonably expected to give the notice desired.
warrantless arrest
Procedural rules, we must stress, should be treated with utmost respect and due
regard since they are designed to facilitate the adjudication of cases to remedy the
worsening problem of delay in the resolution of rival claims and in the
administration of justice. The requirement is in pursuance to the [B]ill of [R]ights
inscribed in the Constitution which guarantees that "all persons shall have a right to
the speedy disposition of their cases before all judicial, quasi-judicial and
administrative bodies."
As a rule, an accused can only be convicted of the crime with which he or she is
charged. This rule proceeds from the Constitutional guarantee that an accused shall
always be informed of the nature and cause of the accusation against him or her. An
exception to this is the rule on variance under Rule 120, Section 4 of the Revised
Article III, Section 2 of the Constitution provides that the right of the people against
unreasonable searches and seizures is inviolable
instances of reasonable warrantless searches
arrest must precede the search
the arrest and the search were substantially contemporaneous
Due process in administrative proceedings does not require the submission of

pleadings or a trial-type of hearing. However, due process requires that a party is
duly notified of the allegations against him or her and is given a chance to present
his or her defense.
Elements of Administrative Due Process

A citizen's right to be secure against any unreasonable searches and seizures is
sacrosanct. No less than the Constitution guarantees that the State cannot intrude
into the citizen's persons, house, papers, and effects without a warrant issued by a
judge finding probable cause
Section 2, Article III, Bill of Rights
situations where a warrantless search and seizure may be declared valid
Accused-appellant was not even denied due process by virtue of his alleged illegal
arrest, because of his voluntary submission to the jurisdiction of the trial court, as
manifested by the voluntary and counsel-assisted plea he entered during
arraignment and by his active participation in the trial thereafter.
As with certain constitutional rights, the right to question the validity of a

warrantless arrest can be waived. This waiver, however, does not carry with it a
waiver of the inadmissibility of the evidence seized during the illegal arrest.
Supervision vs. control in administrative proceedings

Dishonesty, def.
Misconduct, def.
Appealing the withdrawal of an information does not violate the right of the accused
against being placed in double jeopardy
Petitioner's right to due process was not violated when it was not given notice or an
opportunity to be heard on the Motion to Release Cash Bond.
invalidity of an arrest
right to privacy the fundamental right against unlawful searches and seizures is
guaranteed by no less than the Constitution. Article III, Section 2 of the Constitution
individual's right against unlawful searches and seizures, Article III, Section 3(2) of
the Constitution
searches and seizures
when searches are reasonable even when warrantless
whether the warrantless search was incidental to a lawful arrest
search incidental to a lawful arrest
in flagrante delicto
warrantless search
The warrantless search cannot be justified under the reasonable suspicion
requirement in "stop and frisk" searches
The Constitutional mandate in providing full protection to labor "is not meant to be
a sword to oppress employers.
taxpayers are guaranteed their fundamental right to due process of law, as
articulated in various ways in the process of tax assessment.
Jurisdiction is conferred by the Constitution, with Congress given the plenary power,
for cases not enumerated in Article VIII, Section 567 of the Constitution, to define,
prescribe, and apportion the jurisdiction of various courts.
Section 14(2) of Article III of the Constitution provides that "[i]n all criminal
prosecutions, the accused shall be presumed innocent until the contrary is
proved[.]" To overcome this constitutional presumption, prosecution must establish
accused's guilt beyond reasonable doubt.
Proof beyond reasonable doubt, explained
corpus delicti, def.
administrative bodies are not strictly bound by technical rules of procedure

Article III, Section 9 of the Constitution provides a substantive guarantee that private
property that is taken by the state for public use should be paid for with just
compensation. If the state does not agree with the property owner on a price, the
state, through the competent government agency, should file the proper
expropriation action under Rule 67 of the Revised Rules of Court
the essence of due process is an opportunity to be heard.

state's power of eminent domain, elements
Just compensation, def
rights of an accused while under custodial investigation
Request for appearance for custodial investigation
the so-called "request for appearance" is no different from the "invitation" issued by
police officers for custodial investigation
Section 2 of Republic Act No. 7438 - Rights of Persons Arrested, Detained or under
Custodial Investigation; Duties of Public Officers
Custodial Investigation, def.
It is indeed a fundamental principle of administrative law that administrative cases

are independent from criminal actions for the same act or omission.
rule of administrative res judicata

In administrative law, a quasi-judicial proceeding involves
No less than the Constitution provides that the accused shall be presumed innocent
of the crime until proven guilty.
An accused has in his favor the presumption of innocence which the Bill of Rights
guarantees
Due process consists of notice and hearing.
Violation of due process is a jurisdictional defect.
The 1987 Constitution declares that the State owns all public lands.
Article XII, Sections 2 and 3 of the Constitution
Every criminal prosecution begins with the "constitutionally-protected presumption
of innocence in favor of the accused that can only be defeated by proof beyond
reasonable doubt."
This court's power of judicial review is limited to actual cases and controversies.
Article VIII, Section 1 of the Constitution
a new argument on appeal violates due process
A case is moot and academic when it ceases to present a justiciable controversy

because of supervening events so that a declaration would be of no practical use or
value.
The words of our most fundamental law cannot be read so as to callously exclude all
foundlings from public service.
natural-born citizen
Rule 65 of the Rules of Court or Article VIII, Section I of the Constitution
Citizenship
Article VI, Section 3 of the 1987 Constitution
The Senate Electoral Tribunal, along with the House of Representatives Electoral
Tribunal, is a creation of Article VI, Section 17 of the 1987 Constitution
The judgments of these tribunals are not beyond the scope of any review. Article VI,
Section 17's stipulation of electoral tribunals' being the "sole" judge must be read in
harmony with Article VIII, Section 1's express statement that "[j]udicial power
includes the duty of the courts of justice
while the judgments of the Tribunal are beyond judicial interference, the Court may
do so, however, but only "in the exercise of this Court's so-called extraordinary
jurisdiction
he power of the Electoral Commission "is beyond judicial interference except…
the citizenship status of children whose biological parents are unknown, considering
that the Constitution, in Article IV, Section 1(2) explicitly makes reference to one's
father or mother. It was compelled to exercise its original jurisdiction in the face of a
constitutional ambiguity that, at that point, was without judicial precedent.
Article VI, Section 3 of the 1987 Constitution spells out the requirement that "[n]o
person shall be a Senator unless he [or she] is a natural-born citizen of the
Philippines."
jus sanguinis principle
Article IV, Section 1 of the 1987 Constitution
Contemporaneous construction and aids that are external to the text may be
resorted to when the text is capable of multiple, viable meanings.
Republic Act No. 9225.
natural-born and naturalized
Article II, Section 13 and Article XV, Section 3 of the 1987 Constitution require the
state to enhance children's well-being and to project them from conditions
prejudicial to or that may undermine their development.
equal protection clause
Foundlings are explicitly among the "Filipino children" covered by Republic Act No.
8552
Republic Act No. 8043, though briefly referred to as the Inter-Country Adoption Act
of 1995, is formally entitled An Act Establishing the Rules to Govern Inter-Country
Adoption of Filipino Children, and for Other Purposes. As with Republic Act No.
8552, it expressly includes foundlings among "Filipino children" who may be
adopted
required sworn renunciation is intended to complement Article XI, Section 18 of the

Constitution in that "[p]ublic officers and employees owe the State and this
Constitution allegiance at all times and any public officer or employee who seeks to
change his citizenship or acquire the status of an immigrant of another country
during his tenure shall be dealt with by law." It is also in view of this that Section
5(5) similarly bars those who seek or occupy public office elsewhere and/or who are
serving in the armed forces of other countries from being appointed or elected to
public office in the Philippines.
repatriation involves the restoration of former status or the recovery of one's

original nationality
The prohibition on midnight appointments only applies to presidential
appointments. It does not apply to appointments made by local chief executives.
the Civil Service Commission has the power to promulgate rules and regulations to
professionalize the civil service.
Section 325(e) of the Local Government Code
midnight appointment, def.
Midnight appointments are prohibited under Article VII, Section 15 of the
Constitution
Due process under the Labor Code, like Constitutional due process, has two aspects:
substantive, i.e., the valid and authorized causes of employment termination under
the Labor Code; and procedural, i.e., the manner of dismissal.
Constitutional due process protects the individual from the government and assures
him of his rights in criminal, civil or administrative proceedings; while statutory due
process found in the Labor Code and Implementing Rules protects employees from
being unjustly terminated without just cause after notice and hearing.
the essence of due process is simply an opportunity to be heard or, as. applied to
administrative proceedings, an opportunity to explain one's side or an opportunity
to seek a reconsideration of the action or ruling complained of.
Salary Standardization Law
While estoppel generally does not apply against government, especially when the
case involves the collection of taxes, an exception can be made when the
application of the rule will cause injustice against an innocent party.
it is a rule in statutory construction that the word "or" is a disjunctive term signifying
dissociation and independence of one thing from other things enumerated.
forum non conveniens principle

essence of due process
Excusable negligence
International Law doctrine of presumed-identity approach or processual
presumption
The Philippines does not take judicial notice of foreign laws, hence, they must not
only be alleged; they must be proven.
new issues cannot be raised for the first time before this court if these could have
been raised earlier before the lower courts.129 Justice and due process demand
that this rule be followed
The rationale that animates the rule on estoppel vis-à-vis jurisdiction applies with
equal force to quasi-judicial agencies as it does to courts.
Article VIII, Section 1 of the 1987 Constitution provides that "[t]he judicial power
shall be vested in one Supreme Court and in such lower courts as may be
established by law."
administrative agencies are statutory constructs. Thus, they are limited by the
statutes which created them and which spelled out their powers and functions. "It is
a fundamental rule that an administrative agency has only such powers as are
expressly granted to it by law and those that are necessarily implied in the exercise
thereof[.]"
objective test and the subjective test to determine whether there was a valid
entrapment operation
entrapment vs instigation
exhaustion of administrative remedies
Judicial determination of probable cause is in consonance with Article III, Section 2

of the Constitution
plain meaning doctrine
maxim noscitur a sociis
The provisional value that must be paid under Section 4 of Republic Act No. 8974
should not be confused with the payment of just compensation required by the
Constitution in the exercise of the power of eminent domain.
Payment of the provisional value under Section 4 of Republic Act No. 8974 vs.
payment of just compensation
Rule 67, or even Section 19 of the Local Government Code.
Preliminary investigation is not part of trial and is conducted only to establish
whether probable cause exists. Consequently, it is not subject to the same due
process requirements that must be present during trial.
a respondent under preliminary investigation has the right to examine the evidence
submitted by the complainant, but he does not have a similar right over the
evidence submitted by his or her co-respondents.
Article XIII, Section 3 of the 1987 Constitution guarantees the right of workers to
security of tenure.
Section 26 of the Administrative Code - Personnel Actions

reassignment vs new appointment
Demotion, def.
Constructive dismissal, def.
The 1987 Constitution spells out the basic ethos underlying public office.
An accused has in his favor the presumption of innocence which the Bill of Rights
guarantees.1âwphi1 Unless his guilt is shown beyond reasonable doubt, he must be
acquitted.
administrative due process
The right to counsel under Section 12(1) of Article III of the Constitution applies in
criminal proceedings, but not in administrative proceedings. It is a right given to
persons accused of an offense during criminal investigation. Any proceeding
conducted by an administrative body is not part of the criminal investigation or
prosecution.
Criminal proceeding vs. administrative proceeding

The right to appeal is not part of due process. Neither is it a natural right.
test of negligence
That the remedy against an adverse decision, order, or ruling of the Commission on
Audit is a petition for certiorari, not review or appeal, is based on Article IX-A,
Section 7 of the Constitution
The Constitution, the Administrative Code of 1987, and the Government Auditing
Code of the Philippines define the powers of the Commission on Audit.
Article IX-D, Section 2 of the Constitution

The term "government-owned or controlled corporation" as defined
[Government-owned or controlled corporations] without original charters
"government-owned or controlled corporation with original charter,"
Article III, Section 8, Article II, Section 23, and Article XIII, Sections 15 and 16 of the
1987 Constitution
"subordinate legislation," or the rule-making power of agencies tasked with the
administration of government.
principle of non-delegation of powers
Two tests determine the validity of delegation of legislative power: (1) the
completeness test and (2) the sufficient standard test.
Notice and hearing are not essential when an administrative agency acts pursuant to
its rule-making power.
guarantee of organizational right in Art. III, §8
In a multi-slot office, all votes cast in favor of the nuisance candidate whose name is
confusingly similar to a bona fide candidate shall not be automatically credited in
the latter's favor. If the ballot contains one (1) vote for the nuisance candidate and
no vote for the bona fide candidate, that vote will be counted in the latter's favor.
However, if the nuisance candidate and the bona fide candidate each gets a vote,
only one (1) vote will be counted in the latter's favor.
nuisance candidate, def.

how the votes of nuisance candidates in a multi-slot office should be treated
Article III, Section 9 of the 1987 Constitution states that Private property shall not
be taken for public use without just compensation.
the Constitution places a limit on the type of public land that may be alienated.
Under Section 2, Article XII of the 1987 Constitution, only agricultural lands of the
public domain may be alienated; all other natural resources may not be.
Formula used by the Commission on Elections in determining and proclaiming the

winning party-list groups.
moot and academic case
Article VI, Section 5,paragraphs 1 and 2 of the 1987 Constitution
Under Article III, Section 9 of the 1987 Constitution, "[p]rivate property shall not be
taken for public use without just compensation."
to allow fresh issues on appeal is violative of the rudiments of fair play, justice and
due process.
freedom to contract and the prohibition against involuntary servitude
Under the Administrative Code, officers who enter into contracts contrary to
Sections 46 and 47 of Book V, Title I, Subtitle B, Chapter 8 of the Administrative Code
are liable to the government or to the other contracting party for damages
doctrine of forum non conveniens

G.R. No. SINDOPHIL, INC., v. REPUBLIC OF

November 7, 2018
INTRAMUROS ADMINISTRATION,
G.R. No.
v. OFFSHORE CONSTRUCTION March 7, 2018
196795
DEVELOPMENT COMPANY
G.R. No. PRISCILLA ZAFRA ORBE v.

September 6, 2017
208185 FILINVEST LAND, INC.
ARTURO C. CALUBAD v.
G.R. No.
RICARCEN DEVELOPMENT August 30, 2017
202364
CORPORATION
CE CONSTRUCTION
G.R. No.
CORPORATION VS. ARANETA August 9, 2017
192725
CENTER INC.
G.R. No. STEVEN R. PAVLOW v. CHERRY L.

July 26, 2017
214300 MENDENILLA
G.R. No. MILAGROS P. ENRIQUEZ vs. THE

MERCANTILE INSURANCE CO., August 15, 2018
210950
INC.
MAKATI TUSCANY
G.R. No. CONDOMINIUM CORPORATION
April 18, 2018
185530 v. MULTI-REALTY DEVELOPMENT
CORPORATION
MARLON BACERRA y TABONES,
G.R. No.
vs. July 3, 2017
204544
METRO BOTTLED WATER
CORPORATION v. ANDRADA
G.R. No.
CONSTRUCTION & March 06, 2019
202430
DEVELOPMENT CORPORATION,
INC.
BELINA CANCIO AND JEREMY

G.R. No. PAMPOLINA v. PERFORMANCE
June 06, 2018
182307 FOREIGN EXCHANGE
CORPORATION

G.R. No.
207765 vs. July 26, 2017
JULITO DIVINAGRACIA, SR.
NATIONAL POWER
September 14, 2016
TARCINIA ASOQUE

August 17, 2015
August 17, 2015
G.R. No. ISMAEL V. CRISOSTOMO v.

August 26, 2015
175098 MARTIN P. VICTORIA

G.R. No.
VS. SPOUSES DANILO GO AND August 2, 2017
197297
AMORLINA GO
PHILIPPINE ECONOMIC ZONE

G.R. No.
AUTHORITY VS. PILHINO SALES September 28, 2016
185765
CORPORATION
G.R. No. REPUBLIC OF THE PHILIPPINES v. February 10, 2016

171041 MOLDEX REALTY, INC.
G.R. No. NORBERTO A. VITANGCOL vs.

January 13, 2016
HOME GUARANTY
G.R. No.
CORPORATION v. LA SAVOIE January 28, 2015
168616
DEVELOPMENT CORPORATION

G.R. No. SOLID BANK CORPORATION
July 26, 2017
209452 (NOW METROPOLITAN BANK
AND TRUST COMPANY)
G.R. No.
188146
RIZALITO Y. DAVID VS. SENATE

G.R. No. ELECTORAL TRIBUNAL AND
September 20, 2016
221538 MARY GRACE POE-
LLAMANZARES
DST MOVERS CORPORATION vs.

G.R. No.
PEOPLE'S GENERAL INSURANCE January 13, 2016
198627
CORPORATION
PROTECTIVE MAXIMUM
G.R. No.
SECURITY AGENCY, INC. v. CELSO February 11, 2015
169303
E. FUENTES
CARAVAN TRAVEL AND TOURS

G.R. No.
INTERNATIONAL, INC., v. February 10, 2016
170631
ERMILINDA R. ABEJAR
PHILIPPINE NATIONAL
G.R. No. CONSTRUCTION CORPORATION
August 19, 2015
172301 v. ASIAVEST MERCHANT
BANKERS (M) BERHAD
G.R. No. PEOPLE OF THE PHILIPPINES vs.
December 3, 2014
211465 SHIRLEY A. CASIO

June 11, 2014
208173 OLIVER A. BUCLAO
DEPARTMENT OF PUBLIC WORKS
G.R. No. AND HIGHWAYS v.
September 13, 2017
179732 CMC/MONARK/PACIFIC/HI-TRI
JOINT VENTURE
MAGSAYSAY MARITIME
G.R. No. CORPORATION/EDUARDO
August 30, 2017
203943 MANESE AND PRINCESS CRUISE
LINES, LTD. v. CYNTHIA DE JESUS
SPOUSES BONIFACIO AND LUCIA

G.R. No. PARAS vs.
April 8, 2015
171601 KIMWA CONSTRUCTION AND
DEVELOPMENT CORPORATION
SPOUSES RAINIER JOSE M. YULO

G.R. No. AND JULIET L. YULO vs.
217044 BANK OF THE PHILIPPINE January 16, 2019
ISLANDS
DEE HWA LIONG FOUNDATION

MEDICAL CENTER AND
G.R. No.
ANTHONY DEE VS. ASIAMED August 23, 2017
205638
SUPPLIES AND EQUIPMENT
CORPORATION
RICHARD N. RIVERA, Petitioner v.

G.R. No. GENESIS TRANSPORT SERVICE, August 3, 2015
215568
INC. AND RIZA A. MOISES
HEIRS OF RENATO P. DRAGON,

G.R. No. REPRESENTED BY PATRICIA
March 6, 2019
205068 ANGELI D. NUBLA v. THE MANILA
BANKING CORPORATION
PEOPLE OF THE PHILIPPINES VS.

G.R. No.
NANCY LASACA RAMIREZ A.K.A. January 30, 2019
217978
"ZOY" OR "SOY"
SPOUSES SALVADOR ABELLA
G.R. No. AND ALMA ABELLA vs. SPOUSES
195166 ROMEO ABELLA AND ANNIE July 8, 2015
ABELLA
GREGORIO AMOGUIS TITO

G.R. No.
189626 BALLADO AND MARY GRACE August 20, 2018
BALLADO LEDESMA, AND ST.
JOSEPH REALTY, LTD.
PABLO M. PADILLA, JR. AND
G.R. No. MARIA LUISA P. PADILLA VS.
September 21, 2016
201354 LEOPOLDO MALICSI, LITO
CASINO, AND AGRIFINO GUANES
VISAYAN ELECTRIC COMPANY,

INC. vs. EMILIO G. ALFECHE,
G.R. No.
GILBERT ALFECHE, EMMANUEL November 29, 2017
209910
MANUGAS, AND M. LHUILLIER
PAWNSHOP AND JEWELRY
INTERNATIONAL EXCHANGE
BANK NOW UNION BANK OF THE
G.R. No.
PHILIPPINES vs SPOUSES JEROME March 29, 2017
205657
AND QUINNIE BRIONES, AND
JOHN DOE
INTERNATIONAL EXCHANGE
BANK NOW UNION BANK OF THE
G.R. No.
PHILIPPINES vs SPOUSES JEROME March 29, 2017
205657
AND QUINNIE BRIONES, AND
JOHN DOE
ROMEO F. ARA AND WILLIAM A.

G.R. No.
GARCIA V. DRA. FELY S. PIZARRO February 15, 2017
187273
AND HENRY ROSSI
ERMA INDUSTRIES, INC.,

G.R. No. ERNESTO B. MARCELO AND
FLERIDA O. MARCELO v. December 6, 2017
191274
SECURITY BANK CORPORATION
AND SERGIO ORTIZ-LUIS, JR.
ERMA INDUSTRIES, INC.,
ERNESTO B. MARCELO AND
G.R. No.
FLERIDA O. MARCELO v. December 6, 2017
191274
SECURITY BANK CORPORATION
AND SERGIO ORTIZ-LUIS, JR.
HEIRS OF LEOPOLDO DELFIN

AND SOLEDAD DELFIN, NAMELY
G.R. No.
EMELITA D. FABRIGAR AND November 28, 2016
193618
LEONILO C. DELFIN VS.
NATIONAL HOUSING AUTHORITY
REPUBLIC OF THE PHILIPPINES,

DEPARTMENT OF PUBLIC WORKS
G.R. No.
AND HIGHWAYS (DPWH) vs. January 25, 2017
194190
SPOUSES FRANCISCO R. LLAMAS
and CARMELITA C. LLAMAS
HYGIENIC PACKAGING
CORPORATION vs.
G.R. No. NUTRI-ASIA, INC., DOING
201302 BUSINESS UNDER THE NAME January 23, 2019
AND STYLE OF UFC PHILIPPINES
(FORMERLY NUTRI-ASIA, INC.)
PEDRO MENDOZA [DECEASED],
SUBSTITUTED BY HIS HEIRS
G.R. No.
FEDERICO MENDOZA AND September 7, 2015
172961
DELFIN MENDOZA, AND JOSE
GONZALES v. REYNOSA VALTE
HEIRS OF TEODORA LOYOLA,

G.R. No. represented herein by ZOSIMO L.
January 11, 2017
188658 MENDOZA, SR. vs. COURT OF
APPEALS AND ALICIA R. LOYOLA
LORENZO SHIPPING
G.R. No.
181683 CORPORATION v. NATIONAL October 7, 2015
POWER CORPORATION
A.C. No. JUN B. LUNA vs. ATTY. DWIGHT July 7, 2015

10662 M. GALARRITA
Topic
Holder of a Torrens title is an innocent purchaser for value

Elements of Litis Pendentia
Issue that must be settled in ejectement proceedings
Jurisdictional facts that must be evident in a case for unlawful detainer
Lease contracts, as defined in Article 1643 of the Civil Code
Republic Act No. 6552 or the Maceda Law
Republic Act No. 6552 Section 4's requisites for a valid cancellation
Sections 3 and 4 of the Maceda Law spell out the rights of defaulting buyers on installment
payments, depending on the extent of payments made.
Valid notarial act contemplated by the Maceda Law
Principle of Agency in relation to rule on contracts under Article 1317 of the Civil Code
Principle of Estoppel under Article 1431 of Civil Code as basis of apparent authority
Article 1869, Civil Code
Award of moral damages and exemplary damages when there is a breach of contract
Articles 1370 to 1379 of the Civil Code Rule on Interpretation of Contracts
Meeting of the minds; as elments of contract

Article 1326, Civil Code - Advertisement for bidders
Artice 1319, Civil Code - Consent, def.
Acceptance made by telegram or letter
Article 1321, Civil Code - fixing the time of acceptance
Article 1371 of the Civil Code - In order to judge the intention of the contracting parties, their
contemporaneous and subsequent acts shall be principally considered.
Article 1379 of the Civil Code - The principles of interpretation stated in Rule 123 of the Rules of
Court shall likewise be observed in the construction of contracts.
A civil action for damages may be resorted to pursuant to Section 36 of the Anti-VAWC Law
Basic is the principle that "a contract is law between the parties"61 for as long as it is "not
contrary to law, morals, good customs, public order, or public policy."
Reformation of an instrument may be allowed if subsequent and contemporaneous acts of the

parties show that their true intention was not accurately reflected in the written instrument.
Reformation of an instruments, def.

Article 1359 of the Civil Code
action for reformation of instrument, requisites
burden of proof in action for reformation of instruments
Article 2224 of the Civil Code, temperate damages
Liquidated damages
A principal who gives broad and unbridled authorization to his or her agent cannot later hold third
persons who relied on that authorization liable for damages that may arise from the agent's
fraudulent acts. AGENCY
Before a claimant can be entitled to damages, "the claimant should satisfactorily show the
existence of the factual basis of damages and its causal connection to defendant's acts."
Civil indemnity ex delicto, as a form of monetary restitution or compensation to the victim,

attaches upon a finding of criminal liability because "[e]very person criminally liable for a felony is
also civilly liable."
moral damages are treated as "compensatory damages awarded for mental pain and suffering or
mental anguish resulting from a wrong." The award of moral damages is meant to restore the
status quo ante; thus, it must be commensurate to the suffering and anguish experienced by the
victim.
exemplary or corrective damages are imposed as an example to the public,115 serving as a

deterrent to the commission of similar acts. Exemplary damages are also awarded "as a part of
the civil liability may be imposed when the crime was committed with one or more aggravating
circumstances."
an easement of right of way on a private property can be considered a taking under eminent
domain under certain conditions
A right-of-way easement or burden becomes a "taking" under eminent domain when there is
material impairment of the value of the property or prevention of the ordinary uses of the
property for an indefinite period. The intrusion into the property must be so immediate and direct
as to subtract from the owner's full enjoyment of the property and to limit his or her exploitation
of it.
The right-of-way easement resulting in a limitation on property rights over the land traversed by
transmission lines also falls within the ambit of the term "expropriation."
As regards the amount of just compensation, factual issues pertaining to the valuation of the
expropriated property are generally beyond the pale of review under a Rule 45 petition. Factual
findings of the trial and appellate courts will not be disturbed by this Court unless they are
grounded entirely on speculations, surmises, or conjectures, among others,101 which do not
obtain in this case.
burden to prove the existence of the tenancy relationship
The DARAB is the quasi-judicial tribunal that has the primary jurisdiction to determine whether
there is a tenancy relationship between adverse parties.87 This court has held that "judicial
determinations [of the a DARAB] have the same binding effect as judgments and orders of a
regular judicial body."
[A] tenancy relationship cannot be presumed.
It is true that trial courts are not mandated to take judicial notice of decisions of other courts or
even records of other cases that have been tried or are pending in the same court or before the
same judge.
Tenants, def
Section 6 of Republic Act No. 3844, otherwise known as the Agricultural Land Reform Code
Art. 1649 of the Civil Code, the lessee cannot assign the lease without the consent of the lessor,
unless there is a stipulation to the contrary.
Section 6 of the Agricultural Land Reform Code is a subsequent restatement of a "precursor"25
provision: Section 8 of Republic Act No. 1199.
Tenants, def.
essential elements of tenancy
Public land remains inalienable unless it is shown to have been reclassified and alienated to a
private person.
judicial confirmation of title
Commonwealth Act No. 141 or the Public Land Act
liquidated damages
Articles 1229 and 2227 of the Civil Code.
contract of sale
Rescission on account of breach of reciprocal obligations is provided for in Article 1191 of the Civil
Code
articles 1385 and 1388 and the Mortgage Law
liquidated damages
length of possession for purposes of land registration
Persons intending to contract a second marriage must first secure a judicial declaration of nullity
of their first marriage. If they proceed with the second marriage without the judicial declaration,
they are guilty of bigamy regardless of evidence of the nullity of the first marriage.
Article 53 of the Civil Code enumerates the requisites of marriage, the absence of any of which
renders the marriage void from the beginning
rule against pactum commissorium

Articles 2088 and 2137 of the Civil Code
Elements of Pactum Commissorium
Concept of Trust
Articles 1450, 1454, 1455, and 1456 of the Civil Code
Respondent's failure to prove that it sent a demand letter means the obligation is not yet due and
demandable.
Article 1319 of the Civil Code requires absolute acceptance of the offer before it can be
considered a binding contract
Under the Article 1169 of the Civil Code, there is default when a party obliged to deliver
something fails to do so.
elements of default
newspaper of general circulation
Article 1215 of the Civil Code.
Republic Act No. 8043, though briefly referred to as the Inter-Country Adoption Act of 1995, is
formally entitled An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino
Children, and for Other Purposes. As with Republic Act No. 8552, it expressly includes foundlings
among "Filipino children" who may be adopted
Republic Act No. 8552 - Domestic Adoption Act of 1998
proximate cause
money claims under Article 291 of the Labor Code vs. claims for backwages under Article 1146 of
the Civil Code
employer's liability under Article 21801 of the Civil Code

action based on culpa aquiliana
substitute parental authority
Article 216 of the Family Code identifies the persons who exercise substitute parental authority
Article 233 of the Family Code provides for the extent of authority of persons exercising substitute
parental authority
Article 22061 of the Family Code
employer's liability for quasi-delict provided in Article 2180, in relation to Article 2176 of the Civil
Code
registered-owner rule
Due diligence in the supervision of employees
Article 2206 of the Civil Code - The amount of damages for death caused by a crime or quasi-
delict shall be at least three thousand pesos, even though there may have been mitigating
circumstances.
Article 2231 of the Civil Code - In quasi-delicts, exemplary damages may be granted if the
defendant acted with gross negligence.
Article 2206(3) of the Civil Code - amount of damages for death
recovery of moral damages
Articles 216 and 220 of the Family Code
Article 2206(3) of the Civil Code
Articles 2066 and 2067 of the Civil Code
Article 1144(1) of the Civil Code states that actions upon a written contract must be brought
within 10 years from the accrual of the right, and not six years
Art. 2219 Civil Code. Moral damages may be recovered
In rape cases, the award of civil indemnity is mandatory upon proof of the commission of rape,
whereas moral damages are automatically awarded without the need to prove mental and
physical suffering. Exemplary damages are also imposed, as example for the public good and to
protect minors from all forms of sexual abuse.
It is fundamental that a contract is the law between the parties and, absent any showing that its
provisions are wholly or in part contrary to law, morals, good customs, public order, or public
policy, it shall be enforced to the letter by the courts.
Before actual damages may be awarded, it is imperative that the claimant proves its claims first.
The issue on the amount of actual or compensatory damages is a question of fact, and except as
provided by law or by stipulation, one is entitled to adequate compensation only for pecuniary
loss duly proven
A conditional settlement of a judgment award may be treated as a compromise agreement and a

judgment on the merits of the case if it turns out to be highly prejudicial to one of the parties
Article 2028 of the Civil Code defines a compromise agreement as "a contract whereby the
parties, by making reciprocal concessions, avoid a litigation or put an end to one already
commenced."
action for breach of contract with damages
A contract of agency is created when a person acts for or on behalf of a principal, with the latter's
consent or authority.
A contract may be contained in several instruments with nonconflicting terms.
"Moral damages are awarded in termination cases where the employee's dismissal was attended
by bad faith, malice or fraud, or where it constitutes an act oppressive to labor, or where it was
done in a manner contrary to morals, good customs or public policy." Also, to provide an
"example or correction for the public good," exemplary damages may be awarded.
Novation and Prescription

Novation must be clear and unequivocal, and is never presumed. It is the burden of the party
asserting that novation has taken place to prove that all the elements exist.
Actions based upon a written contract should be brought within ten (10) years from the time the
right of action accrues.
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the crimes of
seduction, abduction, rape, or other lascivious acts. In fact[,] it is worse, thus, justifying the award
of moral damages. Exemplary damages are imposed when the crime is aggravated, as in this case.
Article 1371 of the Civil Code calls for the consideration of the contracting parties’
contemporaneous and subsequent acts in determining their true intention.
simple loan or mutuum, rather than a joint venture
"If the terms of a contract are clear and leave no doubt upon the intention of the contracting
parties, the literal meaning of its stipulations shall control."
Articles 1933 and 1953 of the Civil Code provide the guideposts that determine if a contractual
relation is one of simple loan or mutuum
Commodatum is essentially gratuitous. Simple loan may be gratuitous or with a stipulation to pay
interest.
Art. 1933. By the contract of loan, one of the parties delivers to another, either something not
consumable so that the latter may use the same for a certain time and return it, in which case the
contract is called a commodatum; or money or other consumable thing, upon the condition that
the same amount of the same kind and quality shall be paid, in which case the contract is simply
called a loan or mutuum.
Art. 1953. A person who receives a loan of money or any other fungible thing acquires the
ownership thereof, and is bound to pay to the creditor an equal amount of the same kind and
quality.
Article 1956 of the Civil Code spells out the basic rule that "[n]o interest shall be due unless it has
been expressly stipulated in writing."
Jurisprudence is clear about the applicable interest rate if a written instrument fails to specify a
rate. In Spouses Toring v. Spouses Olan, this court clarified the effect of Article 1956 of the Civil
Code and noted that the legal rate of interest (then at 12%) is to apply: "In a loan or forbearance
of money, according to the Civil Code, the interest due should be that stipulated in writing, and in
the absence thereof, the rate shall be 12% per annum."
The Monetary Board, in its Resolution No. 796 dated 16 May 2013, approved the following
revisions governing the rate of interest in the absence of stipulation in loan contracts, thereby
amending Section 2 of Circular No. 905, Series of 1982
Mutuum is a type of nominate contract that is specifically recognized by the Civil Code and for
which the Civil Code provides a specific set of governing rules: Articles 1953 to 1961. In contrast,
Article 1371 is among the Civil Code provisions generally dealing with contracts. As this case
particularly involves a simple loan, the specific rule spelled out in Security Bank and Spouses
Toring finds preferential application as against Article 1371.
Article 1956 of the Civil Code, read in light of established jurisprudence, prevents the application
of any interest rate other than that specifically provided for by the parties in their loan document
or, in lieu of it, the legal rate.
Art. 2212 of the Civil Code. Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point.
Art. 1253 of the Civil Code. If the debt produces interest, payment of the principal shall not be
deemed to have been made until the interests have been covered.
Principle of solutio indebiti as provided by Article 2154 of the Civil Code
Article 2154. If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises.
application of solutio indebiti
Art. 2159 of the Civil Code. Whoever in bad faith accepts an undue payment, shall pay legal
interest if a sum of money is involved, or shall be liable for fruits received or which should have
been received if the thing produces fruits.
A buyer in good faith is one who purchases and pays fair price for a property without notice that
another has an interest over or right to it.
A builder in good faith is a builder who was not aware of a defect or flaw in his or her title when
he or she introduced improvements on a lot that turns out to be owned by another.
essence of good faith is an honest belief of the strength and validity of one's right while being
ignorant of another's superior claim at the same time
Article 448. The owner of the land on which anything has been built, sown or planted in good
faith, shall have the right to appropriate as his own the works, sowing or planting, after payment
of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to
pay the price of the land, and the one who sowed, the proper rent. However, the builder or
planter cannot be obliged to buy the land if its value is considerably more than that of the
building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not
choose to appropriate the building or trees after proper indemnity. The parties shall agree upon
the terms of the lease and in case of disagreement, the court shall fix the terms thereof.
Article 546. Necessary expenses shall be refunded to every possessor; but only the possessor in
good faith may retain the thing until he has been reimbursed therefor.
Article 548. Expense for pure luxury or mere pleasure shall not be refunded to the possessor in
good faith; but he may remove the ornaments with which he has embellished the principal thing
if it suffers no injury thereby, and if his successors in the possession do not prefer to refund the
amount expended.
Article 448 of the1 Civil Code gives a builder in good faith the right to compel the landowner to
choose between two (2) options: (1) to appropriate the building by paying the indemnity required
by law; or (2) to sell the land to the builder.
Article 449. He who builds, plants or sows in bad faith on the land of another, loses what is built,
planted or sown without right to indemnity.
Under Article 452 of the Civil Code, a builder in bad faith is entitled to recoup the necessary
expenses incurred for the preservation of the land.
Article 450. The owner of the land on which anything has been built, planted or sown in bad faith
may demand the demolition of the work, or that the planting or sowing be removed, in order to
replace things in their former condition at the expense of the person who built, planted or sowed;
or he may compel the builder or planter to pay the price of the land, and the sower the proper
rent.
remedies available to the landowner

proximate cause
elements for liability for a quasidelict under Article 2176 of the Civil Code
Fault vs. negligence
Upon accepting an agency, the agent becomes bound to carry out the agency and shall be held
liable for the damages, which the principal may incur due to the agent's non-performance.
In a contract of agency, "a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter."Furthermore,
Article 1884 of the Civil Code provides that "the agent is bound by his acceptance to carry out the
agency, and is liable for the damages which, through his non-performance, the principal may
suffer."
elements of agency
Article 1370 of the Civil Code is categorical that when "the terms of a contract are clear and leave
no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall
control."
Revocation as a form of extinguishing an agency under Article 1924of the Civil Code only applies
in cases of incompatibility, such as when the principal disregards or bypasses the agent in order to
deal with a third person in a way that excludes the agent.
While a contract of agency is generally revocable at will as it is primarily based on trust and
confidence, Article 1927 of the Civil Code provides the instances when an agency becomes
irrevocable
For a claim of filiation to succeed, it must be made within the period allowed, and supported by
the evidence required under the Family Code.
On establishing the filiation of illegitimate children, the Family Code provides:

Article 175. Illegitimate children may establish their illegitimate filiation in the same way and on
the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the
action is based on the second paragraph of Article 172, in which case the action may be brought
during the lifetime of the alleged parent.
Thus, a person who seeks to establish illegitimate filiation after the death of a putative parent
must do so via a record of birth appearing in the civil register or a final judgment, or an admission
of legitimate filiation.
Registration of Birth
Section 5 of Act No. 3793 and Article 280 of the Civil Code of the Philippines explicitly prohibited,
not only the naming of the father or the child born outside wedlock, when the birth certificates,
or the recognition, is not filed or made by him, but, also, the statement of any information or
circumstances by which he could be identified.
a birth certificate not signed by the alleged father therein indicated is not competent evidence of
paternity."
Art. 410 of the Civil Code Art. 410. The books making up the civil register and all documents
relating thereto shall be considered public documents and shall be prima facie evidence of the
facts herein contained.
filiation under Article 172 of the Family Code
ART. 285 of the Civil Code: The action for the recognition of natural children may be brought only
during the lifetime of the presumed parents, except in the following cases
Article 1308 of the Civil Code and jurisprudential pronouncements on the obligatory force of
contracts - not otherwise contrary to law, morals, good customs or public policy - between
contracting parties.
The stipulated 7.5% or 21% per annum interest constitutes the monetary or conventional interest
for borrowing money and is allowed under Article 1956 of the New Civil Code.
Article 2209 of The Civil Code

Article 1959 of the Civil Code Article 1959. Without prejudice to the provisions of Article 2212,
interest due and unpaid shall not earn interest. However, the contracting parties may by
stipulation capitalize the interest due and unpaid, which as added principal, shall earn new
interest.
Article 1229 of the Civil Code, which allows judges to equitably reduce the penalty when there is
partial or irregular compliance with the principal obligation, or when the penalty is iniquitous or
unconscionable.
The award of attorney's fees under Article 2208 of the Civil Code demands factual, legal and
equitable justification.
Under Commonwealth Act No. 141, a claimant may acquire alienable and disposable public land
upon evidence of exclusive and notorious possession of the land since June 12, 1945. The period
to acquire public land by acquisitive prescription under Presidential Decree No. 1529 begins to run
only after the promulgation of a law or a proclamation by the President stating that the land is no
longer intended for public use or the development of national wealth.
acquisitive prescription under Section 14(2) of Presidential Decree No. 1529.

Land as either of public dominion or private ownership
Article 1113 of Civil Code demarcates properties of the state, which are not patrimonial in
character, as being not susceptible to prescription
Article 422 of the Civil Code states that "[p]roperty of public dominion, when no longer intended
for public use or for public service, shall form part of the patrimonial property of the State". It is
this provision that controls how public dominion property may be converted into patrimonial
properly susceptible to acquisition by prescription.
Article 420 (2) makes clear that those property "which belong to the State, without being for
public use, and are intended for some public service or for the development of the national
wealth" are public dominion property.
Section 48 of CA No. 141 enabled the confirmation of claims and issuance of titles in favor of
citizens occupying or claiming to own lands of the public domain or an interest therein. Section 48
(b) specifically pertained to those who "have been in open, continuous, exclusive, and notorious
possession and, occupation of agricultural lands of the public domain, under a bona fide claim of
acquisition or ownership, since June 12, 1945
A donation is, by definition, "an act of liberality." Article 725 of the Civil Code
elements of compensation under the Civil Code
Parties are allowed to constitute any stipulation on the venue or mode of dispute resolution as
part of their freedom to contract under Article 1306 of the Civil Code of the Philippines, which
provides: ARTICLE 1306. The contracting parties may establish such stipulations, clauses, terms
and conditions as they may deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy.
Section 101 of Commonwealth No. 141 allows actions for the reversion of land fraudulently
granted to private individuals filed even after the lapse of the one-year period, but this must be
initiated by the state.
free patent application pursuant to "Chapter VII of Commonwealth Act No. 141, as amended, or
Republic Act No. 782 further as amended Republic Act No. 6236." Section 44 of Commonwealth
Act No. 141
requisites for the issuance of a free patent
Article 1456 of the Civil Code also provides that "[i]f property is acquired through mistake or
fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the
benefit of the person from whom the property comes."
Complaint for annulment of free patent and original certificate of title, reconveyance of
ownership and possession, and damages
Fraud and irregularity are presupposed in an action for reconveyance of property.
Article 2180 of the Civil Code in that an employer's liability is primary and not subsidiary.
Article 2199 of the Civil Code spells out the basic requirement that compensation by way of actual
damages is awarded only to the extent that pecuniary loss is proven
Articles 2224 and 2225 of the Civil Code govern temperate damages
Article 1878 of the Civil Code provides that "[s]pecial powers of attorney are necessary in the
following cases: . . . (3) To compromise, to submit questions to arbitration, to renounce the right
to appeal from a judgment, to waive objections to the venue of an action or to abandon a
prescription already acquired[.]"
G.R. No. CITIGROUP, INC., v. CITYSTATE SAVINGS

June 13, 2018
205409 BANK, INC.
G.R. No. ARTURO C. CALUBAD v. RICARCEN

August 30, 2017
202364 DEVELOPMENT CORPORATION
G.R. No. MILAGROS P. ENRIQUEZ vs. THE

August 15, 2018
210950 MERCANTILE INSURANCE CO., INC.
G.R. No. OFFICE OF THE OMBUDSMAN vs. ANTONIO

October 4, 2017
197886 Z. DE GUZMAN
G.R. No. MAKILITO B. MAHINAY vs.

June 5, 2017
194152 DURA TIRE & RUBBER INDUSTRIES, INC.
G.R. No. BELINA CANCIO AND JEREMY PAMPOLINA v.

PERFORMANCE FOREIGN EXCHANGE June 06, 2018
182307
CORPORATION
FIRST SARMIENTO PROPERTY HOLDINGS,

G.R. No.
INC. v. PHILIPPINE BANK OF June 19, 2018
202836 COMMUNICATIONS
G.R. No. DIVINA PALAO vs. FLORENTINO

January 18, 2017
186967 INTERNATIONAL, INC.
UNITED DOCTORS MEDICAL CENTER v.

G.R. No.
CESARIO BERNADAS, REPRESENTED BY December 13, 2017
209468
LEONILA BERNADAS
G.R. No. HOME GUARANTY CORPORATION v. LA

January 28, 2015
168616 SAVOIE DEVELOPMENT CORPORATION
G.R. No. MACARIO S. PADILLA vs.

AIRBORNE SECURITY SERVICE, INC. AND/OR November 22, 2017
210080
CATALINA SOLIS
G.R. No. BELO MEDICAL GROUP, INC. VS. JOSE L.

August 30, 2017
185894 SANTOS AND VICTORIA G. BELO
G.R. No. BELO MEDICAL GROUP, INC. VS. JOSE L.
August 30, 2017
185894 SANTOS AND VICTORIA G. BELO

G.R. No. SOLID BANK CORPORATION (NOW
July 26, 2017
209452 METROPOLITAN BANK AND TRUST
COMPANY)

G.R. No.
188146
G.R. No. COMMISSIONER OF INTERNAL REVENUE vs.

205045 SAN MIGUEL CORPORATION January 25, 2017
DEPARTMENT OF PUBLIC WORKS AND

G.R. No.
179732 HIGHWAYS v. CMC/MONARK/PACIFIC/HI- September 13, 2017
TRI JOINT VENTURE
SECURITIES AND EXCHANGE COMMISSION

G.R. No. vs. PRICE RICHARDSON CORPORATION,
July 26, 2017
197032 CONSUELO VELARDE-ALBERT, and GORDON
RESNICK
METROPOLITAN BANK AND TRUST

G.R. No. COMPANY vs.
January 25, 2017
184317 LIBERTY CORRUGATED BOXES
MANUFACTURING CORPORATION
RICHARD N. RIVERA, Petitioner v. GENESIS

G.R. No.
TRANSPORT SERVICE, INC. AND RIZA A. August 3, 2015
215568
MOISES
ADELAIDO ORIONDO, TEODORO M.

G.R. No. HERNANDEZ, RENATO L. BASCO, CARMEN
June 4, 2019
211293 MERINO, AND REYNALDO SALVADOR VS.
COMMISSION ON AUDIT
ERMA INDUSTRIES, INC., ERNESTO B.
G.R. No. MARCELO AND FLERIDA O. MARCELO v.
December 6, 2017
191274 SECURITY BANK CORPORATION AND SERGIO
ORTIZ-LUIS, JR.
LAND BANK Opetitioner vs. LORENZO

G.R. No.
MUSNI, EDUARDO SONZA and SPOUSES February 22, 2017
206343
IRENEO AND NENITA SANTOS
PHILIPPINE ASSOCIATED SMELTING AND

G.R. No. REFINING CORPORATION VS. PABLITO O.
172948 LIM, MANUEL A. AGCAOILI, AND CONSUELO October 5, 2016
M. PADILLA
THE PHILIPPINE GEOTHERMAL, INC.

EMPLOYEES UNION VS. UNOCAL
G.R. No. PHILIPPINES, INC. (NOW KNOWN AS September 28, 2016
190187 CHEVRON GEOTHERMAL PHILIPPINES
HOLDINGS
SECURITIES AND EXCHANGE COMMISSION

G.R. No. v. SUBIC BAY GOLF AND COUNTRY CLUB,
March 11, 2015
179047 INC. AND UNIVERSAL INTERNATIONAL
GROUP DEVELOPMENT CORPORATION
STEAMSHIP MUTUAL UNDERWRITING

GR. No.
ASSOCIATION (BERMUDA) LIMITED VS. September 20, 2017
196072
SULPICIO LINES, INC.
Topic
(IPL)Ordinary Purchaser, defined.
Why Trademarks are protected in the market
Registration of Marks
Section 123. Registrability, Intellectual Property Law
Tests in determining the similarity and likelihood of confusion between marks: the
dominancy test and the holistic test.
Sources of Authority to bind Corporations
Actual authority and apparent authority as the two (2) types of authorities conferred
upon a corporate officer or agent in dealing with third persons
Principle of Estoppel under Article 1431 of Civil Code as basis of apparent authority
Apparent Authority in relaiton to Article 1869, Civil Code
Contract of insurance as a contract of adhesion and as a contract of indemnity
Law on Corporation: A contract entered into by corporate officers who exceed their
authority generally does not bind the corporation except when the contract is ratified
by the Board of Directors.
The period to redeem a property sold in an extrajudicial foreclosure sale is not

extendible.
one (1 )-year period of redemption under Act No. 3135
Broker, def.
Currency trading
Section 6 of Act No. 3135
There is a need for a certification of non-forum shopping to be attached to appeal

before the Office of the Director General of the Intellectual Property Office
Section 3 of the Intellectual Property Office's Uniform Rules on Appeal specifies the
form through which appeals may be taken to the Director General
retirement benefits vs insurance proceeds
contract of insurance, def
Petition for Corporate Rehabilitation

Interim Rules of Procedure on Corporate Rehabilitation
A corporation has a personality separate and distinct
A conflict between two (2) stockholders of a corporation does not automatically

render their dispute as intra-corporate. The nature of the controversy must also be
examined.
A.M. No. 01-2-04-SC, or the Interim Rules of Procedure Governing Intra-Corporate
Controversies, enumerates the cases where the rules will apply
intra-corporate dispute
nature of controversy test
relationship test
requisites under Section 3 of Act No. 3135
the purchaser in a public auction sale of a foreclosed property is entitled to a writ of
possession during the redemption period. Section 7 of Act No. 3135, as amended by
Act No. 4118
The venue for a petition for voluntary insolvency proceeding under the Insolvency Law
is the Court of First Instance of the province or city where the insolvent debtor resides.
A corporation is considered a resident of the place where its principal office is located
as stated in its Articles of Incorporation. However, when it is uncontroverted that the
insolvent corporation abandoned the old principal office, the corporation is considered
a resident of the city where its actual principal office is currently found.
The FRIA is currently the special law that governs insolvency.

Venue on insolvency proceedings
a corporation's articles of incorporation is the controlling document that determines
the venue of a corporation's action.
In intellectual property law, a registered trademark owner has the right to prevent
others from the use of the same mark (brand) for identical goods or services.
violations of Sections 26.3 and 28 of the Securities Regulation Code
A corporation's personality is separate and distinct from its officers, directors, and
shareholders. To be held criminally liable for the acts of a corporation, there must be a
showing that its officers, directors, and shareholders actively participated in or had the
power to prevent the wrongful act
A corporation with debts that have already matured may still file a petition for
rehabilitation under the Interim Rules of Procedure on Corporation Rehabilitation.
Presidential Decree No. 902-A and Rule 4, Section 1 of the Interim Rules
THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES A.M. No. 08-8-1 O-SC further
describes the remedy initiated by a petition for rehabilitation
A corporation has a personality separate and distinct from those of the persons
composing it.
A corporation, whether with or without an original charter, is under the audit

jurisdiction of the Commission on Audit so long as the government owns or has
controlling interest in it.
accommodation and a compensated surety
the rule of strict construction of the surety contract is commonly applied to an

accommodation surety but is not extended to favor a compensated corporate surety
Banks must show that they exercised the required due diligence before claiming to be
mortgagees in good faith or innocent purchasers for value.
concept of a mortgagee, and a purchaser in good faith

An action for injunction filed by a corporation generally does not lie to prevent the
enforcement by a stockholder of his or her right to inspection.
right of a stockholder to inspect corporate books and records
prohibited pleading under Rule 1, Section 8 of the Interim Rules of Procedure
Governing Intra-Corporate Controversies
right to inspect under Section 74 of the Corporation Code
corporations may raise their objections to the right of inspection through affirmative
defense in an ordinary civil action for specific performance or damages, or through a
comment (if one is required) in a petition for mandamus.
The merger of a corporation with another does not operate to dismiss the employees
of the corporation absorbed by the surviving corporation. This is in keeping with the
nature and effects of a merger as provided under law and the constitutional policy
protecting the rights of labor. The employment of the absorbed employees subsists.
Necessarily, these absorbed employees are not entitled to separation pay on account
of such merger in the absence of any other ground for its award.
Merger, def.
The effects of a merger are provided under Section 80 of the Corporation Code
Intra-corporate controversies, previously under the Securities and Exchange

Commission's jurisdiction, are now under the jurisdiction of Regional Trial Courts
designated as commercial courts. However, the transfer of jurisdiction to the trial
courts does not oust the Securities and Exchange Commission of its jurisdiction to
determine if administrative rules and regulations were violated.
Securities Regulation Code

For a dispute to be "intra-corporate," it must satisfy the relationship and nature of
controversy tests.
mutual insurance association
contract of insurance
Mutual insurance company, def.
Insurance Code defines an insurance policy
G.R./A.C.
Title Date Decided
No.
G.R. No. PEDRO PEREZ v. PEOPLE OF THE

April 18, 2018
201414 PHILIPPINES
IRENEO CAHULOGAN v. PEOPLE

G.R. No.
OF THE PHILIPPINES (Perlas- March 21, 2018
225695
Bernabe Case)
G.R. No. PEOPLE OF THE PHILIPPINES VS.

April 26, 2017
207776 GEORGE GACUSAN
G.R. No. PEOPLE OF THE PHILIPPINES v.

June 19, 2019
229862 ZZZ
G.R. No. QUIRINO T. DELA CRUZ VS.

215545 NATIONAL POLICE COMMISSION January 07, 2019

JULY 2, 2018
JULY 2, 2018
G.R. No. JESUS APARENTE Y VOCALAN VS.

September 27, 2017
G. R. No. AUGUSTO REGALADO Y LAYLAY v.

March 13, 2019

February 13, 2019
G.R. No. CHRISTINE FERNANDEZ Y MEDINA

November 21, 2018
217542 v, PEOPLE OF THE PHILIPPINES

April 04, 2018
214886 BERNIE CONCEPCION
G.R. No. PERSONAL COLLECTION DIRECT

SELLING, INC. vs. TERESITA L. November 8, 2017
206958
CARANDANG
G.R. No. PEOPLE OF THE PHILIPPINES, v.

August 09, 2017
207396 DELIA SAUNAR

August 02, 2017
199710 PO3 JULIETO BORJA
G.R. No. RYAN MARIANO Y GARCIA v.

July 26, 2017
MARLON BACERRA y TABONES,
G.R. No.
vs. July 3, 2017
204544
G.R. No. MARIO VERIDIANO y SAPI vs.
June 7, 2017
G.R. No. ANTHONY DE SILVA CRUZ vs.
June 7, 2017
G.R. No. PEOPLE OF THE PHILIPPINES vs

March 29, 2017
212161 JUANITO ENTRAMPAS
PEOPLE OF THE PHILIPPINES vs.

G.R. No.
227497 DIOSCORO COMOSO y April 10, 2019
TUREMUTSA

March 06, 2019
228880 LINA ACHIENG NOAH

November 29, 2017
206965 vs. EMMA BOFILL PANGAN

August 23, 2017
210677 ABUNDIO M. SARAGENA

vs. July 26, 2017
207765
JULITO DIVINAGRACIA, SR.
G.R. No. ANTONIETA LUCIDO @ TONYAY,

August 07, 2017
217764 VS. PEOPLE OF THE PHILIPPINES
G.R. No. ANTONIETA LUCIDO @ TONYAY,
August 07, 2017
217764 VS. PEOPLE OF THE PHILIPPINES

June 7, 2017
210654 PABLO LUAD ARMODIA
G.R. No. ARIEL LOPEZ v. PEOPLE OF THE June 29, 2016

212186 PHILIPPINES

August 17, 2015

June 03, 2019
212626 ROLANDO TERNIDA Y MUNAR

224297 EDGARDO ROYOL Y ASICO February 13, 2019

September 20, 2017
227863 PEDRITO ORDONA Y RENDON

September 6, 2017
208625 RAMON FRANCIA y NAVALTA
G.R. No. PEOPLE OF THE PHILIPPINES vs. July 26, 2017

205614 JAIME SEGUNDO y IGLESIAS

July 26, 2017
210615 ABENIR BRUSOLA y BARAGWA
G.R. No. PEOPLE OF THE PHILIPPINES vs

March 29, 2017
205855 KING REX A. AMBATANG

207406 PEOPLE OF THE PHILIPPINES January 13, 2016
January 13, 2016

208471 ERNESTO SAGANA Y DE GUZMAN August 2, 2017
RIZALITO Y. DAVID VS. SENATE

G.R. No.
ELECTORAL TRIBUNAL AND MARY September 20, 2016
221538
GRACE POE-LLAMANZARES
G.R. No. NICOLAS VELASQUEZ and VICTOR

VELASQUEZ vs March 15, 2017
195021
VAN CLIFFORD TORRES y SALERA

G.R. No.
206627
VIRGINIA DIO v. PEOPLE OF THE

G.R. No.
PHILIPPINES AND TIMOTHY June 08, 2016
208146
DESMOND

December 3, 2014
211465 SHIRLEY A. CASIO
June 11, 2014
208173 OLIVER A. BUCLAO
SECURITIES AND EXCHANGE

COMMISSION vs. PRICE
G.R. No.
RICHARDSON CORPORATION, July 26, 2017
197032
CONSUELO VELARDE-ALBERT, and
GORDON RESNICK

219829
MONIR JAAFAR y TAMBUYONG

July 13, 2016
215340 GLORIA CAIZ y TALVO
EDWIN GRANADA REYES vs.

THE OFFICE OF THE
G.R. No.
OMBUDSMAN, THE June 5, 2017
208243
SANDIGANBAYAN, and PAUL
JOCSON ARCHES

G.R. No.
217978 NANCY LASACA RAMIREZ A.K.A. January 30, 2019
"ZOY" OR "SOY"
G.R. Nos. OFFICE OF THE OMBUDSMAN,

208481- REPRESENTED BY OMBUDSMAN February 7, 2018
CONCHITA CARPIO MORALES v.
82
MARIA ROWENA REGALADO
CAPISTRANO DAAYATA, DEXTER

G.R. No. SALISI, and BREGIDO MALA CAT,
March 8, 2017
205745 JR. vs PEOPLE OF THE PHILIPPINES
MARIA THERESA G. GUTIERREZ v.

G.R. No.
COMMISSION ON AUDIT AND January 13, 2015
200628
AUDITOR NARCISA DJ JOAQUIN
G.R. No.
NADY MAGALLANO, JR. Y FLORES December 10, 2018
220721
AND ROMEO TAPAR Y CASTRO

SEGFRED L. OROZCO, MANUEL D.
G.R. No. OSIR, and ALBERTO B. MATURAN, November 29, 2017
211053
Accused
ERNIE N. CASTRO

G.R. No. ELMER AVANCENA Y CABANELA,
June 7, 2017
200512 JAIME POPIOCO Y CAMBAYA1 and
NOLASCO TAYTAY Y CRUZ
Topic
Section S(b) of Republic Act No. 7610 or the Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act, in relation to Article 336 of the Revised Penal
Code
Elements of child abuse
Crime of Fencing, defined and penalized under Presidential Decree No. (PD) 1612,
otherwise known as the "Anti-Fencing Law of 1979.
Fence, defined; Elements of Fencing
Proper treatment of penalties found in special penal laws vis-a-vis Act No. 4103,31
otherwise known as the "Indeterminate Sentence Law
The abuse of moral influence is the intimidation required in rape committed by the
common-law father of a minor.
Sections 266-A and 266-B of the Revised Penal Code, as amended by Republic Act No.
8353 or the Anti-Rape Law of 1997
[I]n rape committed by a close kin, such as the victim's father, stepfather, uncle, or the
common-law spouse of her mother, it is not necessary that actual force or intimidation be
employed; moral influence or ascendancy takes the place of violence or intimidation.
Actual force or intimidation need not even be employed for rape to be committed where
the over powering influence of a father over his daughter suffices.
"It is settled that when the victim's testimony is corroborated by the physician's finding of
penetration, there is sufficient foundation to conclude the existence of the essential
requisite of carnal knowledge."
Recantations are viewed unfavorably especially in rape cases.
Statutory rape
Article 266-A of the Revised Penal Code
affidavits of desistance are viewed with skepticism and reservation because they can be
"easily obtained for monetary consideration or through intimidation."
Presidential Decree No. 1866, CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL

POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR
CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES", Amended by RA 9516
Other deceits under Article 318 of the Revised Penal Code
Articles 315, 316, and 317 of the Revised Penal Code

Estafa, punished under Article 315, paragraph 2(a) of the Revised Penal Code
The determination .of whether the element of deceit or fraud is present in a charge for
estafa is a question of fact as it involves a review of the lower court's appreciation of the
evidence.
Elements of Estafa
different modalities of committing the crime of estafa under Article 315(2)(a)
estafa by means of deceit under Article 315 (2)(a) of the Revised Penal Code
The phrase "other similar deceits" in Article 3 l 5(2)(a) of the Revised Penal Code has been
interpreted in Guinhawa v. People62 as limited to acts of the same nature as those
specifically enumerated. Under the principle of ejusdem generis, "other similar deceits"
cannot be construed in the broadest sense to include all kinds of deceit
Elements of other deceits under Article 318 of the Revised Penal Code
Money market transactions, def.
Postdating a check as estafa, elements
Article II, Section 11 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs
Act of 2002
illegal possession of dangerous drugs, elements
Section 21 of the Comprehensive Dangerous Drugs Act, as amended by Republic Act No.
10640 - persons required to be present during the physical inventory and photographing
of the seized items
Article II, Section 15 of Republic Act No. 9165
Section 10(a) of Republic Act No. 7610 or the Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act.
Article I, Section 3 of Republic Act No. 7610 or the Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act.
Article VI, Section 10(a) of the same law
Complex crime of forcible abduction with rape
Articles 267 and 268 of the Revised Penal Code

Elements of slight illegal detention
Estafa with unfaithfulness and/or abuse of confidence under Article 315 paragraph 1 (b)
of the Revised Penal Code.
elements of falsification of commercial documents under paragraph 6 of Article 1 71 of

the RPC
When crime of sale of illegal drugs is consummated
Elements of sale of illegal drugs
Corpus delicti in sale of illegal drugs
Kidnapping punished under Article 267 of the Revised Penal Code
Elements of Kidnapping punished under Article 267 of the Revised Penal Code
defense of alibi
Republic Act No. 9346, AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES
state of mind of the accused during an alleged act of self-defense, defense of a relative,
or defense of a stranger
frustrated homicide under Article 249 of the Revised Penal Code
element of unlawful aggression
Article 11(1) and (3) of the Revised Penal Code
Section 1 of Presidential Decree No. 1613, Law on Arson
mitigating circumstances of intoxication and voluntary surrender
Article II, Section 11 of Republic Act No. 9165
Section 9(a) and (e) of Republic Act No. 8484, Access Devices Regulation Act of 1998
Article 266-A. Rape, When and How Committed. Rape is committed
aggravating/qualifying circumstance that he was the common-law spouse of AAA's

mother.
Article II, Section 5 of Republic Act No. 9165 - sale of illegal drugs
Elements of sale of illegal drugs
Section 21 of the Comprehensive Dangerous Drugs Act
Chain of custody in the seizure of illegal drugs
Article II, Section 5 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act
of 2002, for the illegal transportation of dangerous drugs.
malum prohibitum
essential element for the crime of illegal transportation of dangerous drugs
Section 11 of Republic Act No. 9165.
Elements of Possession of Drugs
In crimes involving dangerous drugs, the State has the burden of proving not only the
elements of the offense but also the corpus delicti of the charge.
Consumation of Section 5 of Republic Act No. 9165
the corpus delicti was not proven as the chain of custody was defective
corpus delicti, explained
Article 266-A, paragraph 1 of the Revised Penal Code, as amended by Republic Act No.
8353 or the Anti-Rape Law of 1997
rape in relation to Republic Act No. 7610
acts of lasciviousness in relation to Republic Act No. 7610
When Rape becomes qualified
elements of qualified rape
Article 2(h) of the Implementing Rules and Regulations of Republic Act No. 7610 defines
lascivious conduct
Section 5(b) of Republic Act No. 7610 provides for the penalty of reclusion perpetua if the
rape victim is below 12 years old while the penalty of reclusion temporal in its medium
period is imposed if the victim of lascivious conduct is also below 12 years old
Civil indemnity ex delicto, as a form of monetary restitution or compensation to the

victim, attaches upon a finding of criminal liability because "[e]very person criminally
liable for a felony is also civilly liable."
child abuse under Section 10(a) of Republic Act No. 7610 or the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act
child abuse, def.
Section 10(a) of Republic Act No. 7610 punishes four (4) distinct offenses, i.e. (a) child
abuse, (b) child cruelty, (c) child exploitation, and (d) being responsible for conditions
prejudicial to the child's development.
Republic Act No. 7610 is malum prohibitum.[63] Hence, the intent to debase, degrade, or
demean the minor is not the defining mark.
rape of a child under Article 266-A (1) of the Revised Penal
Article 266-A (l)(a) of the Revised Penal Code: Rape, when and how committed
aggravating circumstances of minority and relationship in rape
Article 63 of the Revised Penal Code provides that "in all cases in which the law prescribes
a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the commission of the deed.
elements of cattle-rustling
Presidential Decree No. 533 defines cattle-rustling
crime of theft under Article 308 of the Revised Penal Code.
elements of theft under Article 308 of the Revised Penal Code
To convict an accused of the illegal sale of dangerous drugs, the prosecution must not
only prove that the sale took place, but also present the corpus delicti in evidence.
Section 5[1] of Republic Act No. 9165
elements required to sustain convictions for violation of Section 5 of the Comprehensive

Dangerous Drugs Act
Evident premeditation in the crime of murder
murder punished under Article 248 of the Revised Penal Code
Elements of evident premeditation to qualify the killing of a person to the crime of
murder
Qualifying circumstance of treachery in the crime of murder
statutory rape under Article 266-A(1)(d) of the Revised Penal Code, as amended by
Republic Act No. 8353, in relation to Republic Act No. 7610
Article 266-A. Rape; When and How Committed.
Statutory rape
Article 266-B of the Revised Penal Code
Drugs Act of 2002
Elements of conviction for illegal sale of prohibited drugs

parricide under Article 246 of the Revised Penal Code
mitigating circumstances in a parricide case
Art. 63 of RPC - Rules for the application of indivisible penalties
Articles 63 and 64 of the Revised Penal Code
Crime of Murder
Defense of alibi
Treachery
bigamy punished under Article 349 of the Revised Penal Code.
Elements of Bigamy
Indeterminate Sentence Law
Article II, Section 11, R.A. 9165.
Elements of Article II, Section 5 of Republic Act No. 9165 or illegal sale of prohibited drugs
Illegal possession vs. illegal sale of illegal drugs

"Chain of custody"
"the rule that penal laws shall be construed strictly against the government, and liberally
in favor of the accused
Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006
Section 4(b) of the Republic Act No. 9344 defines the "best interest of the child"
An accused who pleads a justifying circumstance under Article 11 of the Revised Penal
Code1 admits to the commission of acts, which would otherwise engender criminal
liability.
attempted murder under Article 248
ARTICLE 11. Justifying Circumstances of RPC
Elements of self-defense
Defense of Relatives
Section 10(a) of Republic Act No. 7610
The act of whipping a child three (3) times in the neck with a wet t-shirt constitutes child
abuse.
"Child abuse"
a person who commits an act that debases, degrades, or demeans the intrinsic worth and
dignity of the child as a human being, whether habitual or not, can be held liable for
violation of Republic Act No. 7610.
[Article VI, Section 10(a) of Republic Act No. 7610] punishes not only those enumerated
under Article 59 of Presidential Decree No. 603, but also four distinct acts, i.e., (a) child
abuse, (b) child cruelty, (c) child exploitation and (d) being responsible for conditions
prejudicial to the child's development.
libel Article 355 of the Revised Penal Code
Republic Act No. 10175, otherwise known as the Anti-Cybercrime Law
Republic Act No. 9208,2 otherwise known as the "Anti-Trafficking in Persons Act of 2003.
Republic Act No. 9208, Section 4(a), qualified by Section 6(a).
Trafficking in Persons
Under Republic Act No. 10364, the elements of trafficking in persons have been
expanded
Knowledge or consent of the minor is not a defense under Republic Act No. 9208
Section 4 of Republic Act No. 9208 enumerates the different acts of trafficking in persons.
Republic Act No. 9208 further enumerates the instances when the crime of trafficking in
persons is qualified
Section 3 (b) of Republic Act No. 9208 defines "child"
Article 266-A, paragraph (1) of the Revised Penal Code provides the elements of the
crime of rape
violation of Article 315(1)(b) of the Revised Penal Code
violation of Article II, Section 5 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002
violation of Sections 5 and 11 of Republic Act No. 9165.

elements of violation of Section 5 of Republic Act No. 916
violation of Sections 5 and 11 of Republic Act No. 9165.
Section 3(e) of Republic Act No. 3019. Section 3(e) - Corrupt Practices Act
elements of the crime punishable under Section 3(e) of Republic Act No. 3019
qualified trafficking of persons in relation to Section 4(e) of Republic Act No. 9208, or the
Anti-Trafficking in Persons Act of 2003.
Republic Act No. 9208 defines trafficking in persons
Elements of trafficking in persons
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the
crimes of seduction, abduction, rape, or other lascivious acts. In fact[,] it is worse, thus,
justifying the award of moral damages. Exemplary damages are imposed when the crime
is aggravated, as in this case.
Section 7(d) of Republic Act No. 6713, which took effect in 1989, is in addition to Section
3(c) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices
Act enacted in 1960. Section 3(c) Section 3. Corrupt practices of public officers
the clear language of Section 52, Rule IV Uniform Rules on Administrative Cases in the
Civil Service does not consider a first-time offender as a mitigating circumstance.
frustrated murder
Aside from Article 217 of the Revised Penal Code, the liabilities of an accountable officer
are found in Section 105 of Presidential Decree No. 1445.
"The essence of treachery is the swift and unexpected attack on the unarmed victim
without the slightest provocation on his part." For treachery to be appreciated as a
qualifying circumstance, two (2) things must be proven: (1) that during the attack, the
victim could not have defended himself or herself from the offender; and (2) that the
offender deliberately chose a form of attack which would render him or her immune from
risk or retaliation by the victim.
murder punished under Article 248 of the Revised Penal Code

Murder is committed when a person is killed under any of the circumstances enumerated
under Article 248 of the Revised Penal Code
Article 14(16) of the Revised Penal Code defines treachery
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
Article 8 of the Revised Penal Code provides that "[a] conspiracy exists when two (2) or
more persons come to an agreement concerning the commission of a felony and decide
to commit it." Conspiracy may be proven by direct or circumstantial evidence that show a
"common design or purpose"to commit the crime.
Article 249 of the Revised Penal Code provides a penalty of reclusion temporal for the
crime of homicide
In computing the applicable penalty for crimes, the Indeterminate Sentence Law
provides:
SEC. 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised
Penal Code, or its amendments, the court shall sentence the accused to an indeterminate
sentence the maximum term of which shall be that which, in view of the attending
circumstances, could be properly imposed under the rules of the said Code, and to a
minimum which shall be within the range of the penalty next lower to that prescribed by
the Code for the offense; and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the maximum term of which shall
not exceed the maximum fixed by said law and the minimum shall not be less than the
minimum term prescribed by the same.
treachery
Murder. Article 248 of the Revised Penal Code
Conspiracy
kidnapping with serious illegal detention and robbery
kidnapping and serious illegal detention under Article 267 of the Revised Penal Code and
robbery under Article 294(5) of the Revised Penal Code
Indeterminate Sentence Law

G.R./A.C.
Title Date Decided
No.
G.R. No. REVENUE
November 22, 2017
227544 vs. TRANSITIONS OPTICAL
PHILIPPINES, INC.
G.R. No.
REVENUE vs. FITNESS BY November 9, 2016
215957
DESIGN, INC.
G.R. No.
REVENUE vs. February 8, 2017
193381
APO CEMENT CORPORATION
ENGINEER MANOLITO P.
G.R. No.
MENDOZA v. COMMISSION ON September 10, 2013
195395
AUDIT
G.R. No.
205045
G.R. No.
205045

G.R. No.
175493 v. HEIRS OF GABRIEL Q. March 25, 2015
FERNANDEZ
CE CASECNAN WATER AND

G.R. No. ENERGY COMPANY, INC. v.
July 22, 2015
203928 COMMISSIONER OF INTERNAL
REVENUE
G.R. No. REVENUE VS. J.P. MORGAN
November 28, 2018
210528 CHASE BANK, N.A. – PHILIPPINE
CUSTOMER CARE CENTER
Topic
Section 203 of the National Internal Revenue Code - Period of Limitation Upon Assessment and
Collection
Exception to the rule of prescription asfound in Section 222(b) and (d) of NIRC
Nature of Preliminary Assessment Notice
Preliminary Assessment Notice vs. Final Assessment Notice
Effect of failure to file an administrative protest within 30 days from receipt
Availment of the extraordinary period of assessment in Section 222(a) of the National Internal
Revenue Code
the Final Assessment Notice is not valid if it does not contain a definite due date for payment
by the taxpayer.
whether the Final Assessment Notice issued against respondent Fitness by Design, Inc. is a
valid assessment under Section 228 of the National Internal Revenue Code and Revenue
Regulations No. 12-99
assessment, def.
when assessment process starts
Section 228 of the National Internal Revenue Code and Revenue Regulations No. 12-99, as
amended, transparently outline the procedure in tax assessment
the due process requirement in the issuance of a deficiency tax assessment, requires a notice
for informal conference.
The word "shall" in Section 228 of the National Internal Revenue Code and Revenue
Regulations No. 12-99 means
a final assessment notice that only contained a table of taxes with no other details was
insufficient
"false return" vs "fraudulent return
Final Assessment Notice
Taxes are the lifeblood of government and should be collected without hindrance. However,
the collection of taxes should be exercised "reasonably and in accordance with the prescribed
procedure."
grant and availment of tax amnesty under Republic Act No. 9480
Method of Availment of Tax Amnesty
Under Section 4 of Republic Act No. 9480, there is a presumption of correctness of the SALN
and only parties other than the Bureau of Internal Revenue or its agents may dispute the
correctness of the SALN.
Notice of Finality of COA Decision
Section 143 of the 1997 National Internal Revenue Code (Tax Code), as amended, on the
definition of a variant
Tax Code provision defining new brand as opposed to variant of brand, as these two are
treated differently for excise tax on fermented liquor.
Section 143 the provisions of Section 140 of the old Tax Code, as amended by Republic Act No.
8240, governing excise taxes on fermented liquor. Section 143 distinguishes a new brand from
a variant of brand
Section 143 of the Tax Code
Rep. Act No. 10351, otherwise known as the Sin Tax Law
Excise taxes
Before Rep. Act No. 9334 was passed, the Tax Code under Republic Act No. 8240 defined a
"variant of a brand"
A variant under the Tax Code has a technical meaning.
Section 143 of the Tax Code, as amended by Rep. Act No. 9334, provides for the Bureau of
Internal Revenue's role in validating and revalidating the suggested net retail price of a new
brand of fermented liquor for purposes of determining its tax bracket
The Tax Code includes remedies for erroneous collection and overpayment of taxes. Under
Sections 229 and 204(C) of the Tax Code, a taxpayer may seek recovery of erroneously paid
taxes within two (2) years from date of payment
Under Section 6(E) of Republic Act No. 8424, only the Commissioner of Internal Revenue has
the power to determine the zonal value of properties
The thirty (30)-day period provided in Section 112 of the 1997 National Internal Revenue Code
to appeal the decision of the Commissioner of Internal Revenue or its inaction is statutorily
provided. Failure to comply is a jurisdictional error.
The prescriptive periods regarding claims for refunds or tax credits of input VAT are explicitly
set forth in Section 112 of the Tax Code
Section 11 of Republic Act No. 1125, as amended by Section 9 of Republic Act No. 9282, which
provides a thirty (30)-day period of appeal either from receipt of the adverse decision of the
Commissioner or from the lapse of the period fixed by law for action
claims for refund or tax credit of excess input tax are governed not by Section 229 but only by
Section 112 of the Tax Code
regular corporate income tax
Section 23 of Republic Act No. 7916, or the Special Economic Zone Act of 1995
tax treatment of foreign exchange (forex)
Tax incentives partake of the nature of tax exemptions.
MANUEL G. ACOSTA v.
G.R. No.
MATIERE SAS AND PHILIPPE June 03, 2019
232870
GOUVARY
MARIO C. MADRIDEJOS vs.

G.R. No.
NYK-FIL SHIP MANAGEMENT June 7, 2017
204262
INC.
ANGELITO L. CRISTOBAL vs
G.R. No.
PHILIPPINE AIRLINES, INC., OCTOBER 4, 2017
201622
AND LUCIO TAN
UNITED DOCTORS MEDICAL

G.R. No. CENTER v. CESARIO
December 13, 2017
209468 BERNADAS, REPRESENTED
BY LEONILA BERNADAS
RENANTE B. REMOTICADO
G.R. No. VS. TYPICAL CONSTRUCTION
April 23, 2018
206529 TRADING CORP. AND
ROMMEL M. ALIGNAY

November 22, 2017
CATALINA SOLIS
November 22, 2017
CATALINA SOLIS
DEMEX RATTANCRAFT, INC.

G.R. No. AND NARCISO T. DELA
November 8, 2017
204288 MERCED vs.
ROSALIO A. LERON
PROTECTIVE MAXIMUM
G.R. No.
169303 CELSO E. FUENTES

G.R. No. COMPANY vs. July 8, 2015
187491
LILIA S. CHUA
MELANIE E. DE OCAMPO v.
G.R. No.
RPN-9/RADIO PHILIPPINES December 9, 2015
192947
NETWORK, INC.
RICHARD N. RIVERA,
G.R. No. Petitioner v. GENESIS
August 3, 2015
215568 TRANSPORT SERVICE, INC.
AND RIZA A. MOISES
G.R. No. DEPARTMENT OF
EDUCATION REPRESENTED June 3, 2019
200170
BY ITS SECRETARY BRO.
ARMIN A. LUISTRO, FSC
MAGSAYSAY MOL
MARINE,INC. AND/OR MOL
G.R. No.
SHIP MANAGEMENT July 23, 2018
229192
(SINGAPORE) PTE. LTD. v.
MICHAEL PADERES ATRAJE
ARIEL A. EBUENGA, v.
SOUTHFIELD AGENCIES, INC.,
G.R. No. WILHEMSEN SHIP
208396 MANAGEMENT HOLDING March 14, 2018
LTD., AND CAPT. SONNY
VALENCIA
ANTONIO B. MANANSALA v.
MARLOW NAVIGATION
G.R. No. PHILS., INC./MARLOW
August 23, 2017
208314 NAVIGATION CO.
LTD./CYPRUS, AND/OR
EILEEN MORALES
ANTONIO B. MANANSALA v.
MARLOW NAVIGATION
G.R. No. PHILS., INC./MARLOW
August 23, 2017
208314 NAVIGATION CO.
LTD./CYPRUS, AND/OR
EILEEN MORALES
PEDRO C. PEREA VS. ELBURG

SHIPMANAGEMENT
G.R. No. PHILIPPINES, INC.,
August 9, 2017
206178 AUGUSTEA ATLANTICA
SRL/ITALY, AND CAPTAIN
ANTONIO S. NOMBRADO
YOLANDO T. BRAVO vs.

URIOS COLLEGE (NOW
G.R. No.
FATHER SATURNINO URI OS June 7, 2017
198066
UNIVERSITY) and/or FR.
JOHN CHRISTIAN U. YOUNG
OSCAR M. PARINGIT VS.
GLOBAL GATEWAY CREWING
SERVICES, INC.,* MID-
G.R. No.
SOUTH SHIP AND CREW February 6, 2019
217123
MANAGEMENT, INC.,
AND/OR CAPTAIN SIMEON
FLORES
LA CONSOLACION COLLEGE
OF MANILA, SR. IMELDA A.
G.R. No. MORA, OSA, ALBERT D. March 14, 2018
214744 MANALILI, AND ALICIA
MANABAT v. VIRGINIA
PASCUA, M.D.
THE PHILIPPINE
GEOTHERMAL, INC.
EMPLOYEES UNION VS.
G.R. No.
UNOCAL PHILIPPINES, INC. September 28, 2016
190187
(NOW KNOWN AS CHEVRON
GEOTHERMAL PHILIPPINES
HOLDINGS
LOURDES C. RODRIGUEZ vs
PARK N RIDE INC.NICEST
G.R. No.
(PHILS) INC./GRAND LEISURE March 20, 2017
222980
CORP./SPS. VICENTE &
ESTELITA B. JAVIER
Topic
In redundancy, an employer must show that it applied fair and reasonable criteria in
determining what positions have to be declared redundant. Otherwise, it will be held
liable for illegally dismissing the employee affected by the redundancy.
Redundancy being recognized as one (1) of the authorized causes for dismissing an
employee under Article 298 of the Labor Code
ARTICLE 298. [283] Closure of Establishment and Reduction of Personnel. Labor Code
When Redundancy for purposes of our Labor Code exists

requirements for a valid redundancy program
Illnesses not listed as an occupational disease under Section 32 of the 2000 Philippine
Overseas Employment Administration Amended Standard Terms and Conditions
Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels are
disputably presumed to be work-related.
requisites for compensable illnesses are provided for under Section 20(B) of Philippine
Overseas Employment Agency Memorandum Circular No. 9, Series of 2000
work-related illness
OCCUPATIONAL DISEASES
The Constitutional mandate in providing full protection to labor "is not meant to be a
sword to oppress employers.
Rule VII, Section 15 of the National Labor Relations Commission Rules of Procedure
Motion for Reconsideration in Labor Cases
An employee who has already qualified for optional retirement but dies before the
option to retire could be exercised is entitled to his or her optional retirement benefits,
which may be claimed by the qualified employee's beneficiaries on his or her behalf.
retirement benefits vs insurance proceeds

retirement plan
The rules regarding the second and third types of retirement plans are provided for in
Article 302 [287]49 of the Labor Code
Article 287 of the Labor Code
Article 302 [287] of the Labor Code allows employers and employees to mutually
establish an early retirement age option.
It is settled that doubts must be resolved in favor of labor.
There can be no case for illegal termination of employment when there was no
termination by the employer. While, in illegal termination cases, the burden is upon the
employer to show just cause for termination of employment, such a burden arises only if
the complaining employee has shown, by substantial evidence, the fact of termination
by the employer.
Complaint for illegal dismissal
Placing security guards on floating status is a valid exercise of management prerogative.
constructive dismissal
period of temporary off-detail must not exceed six (6) months.
Requisites for an employee to be considered to have abandoned his work
Article 294 of the Labor Code on Security of Tenure
To justify the dismissal of an employee based on abandonment of work, there must be a
showing of overt acts clearly evidencing the employee's intention to sever the employer-
employee relationship.
Article 297 of the Labor Code enumerates the just causes for the dismissal of an
employee
Although abandonment of work is not expressly enumerated as a just cause under
Article 297 of the Labor Code, jurisprudence has recognized it as a form of or akin to
neglect of duty.
Abandonment of work, def.; Elements
Valid termination requires the employer to send an initial notice to the employee,
stating the specific grounds or causes for dismissal and directing the submission of a
written explanation answering the charges.
The National Labor Relations Commission has the power to overturn the findings of fact
of the Labor Arbiter
the National Labor Relations Commission is not bound by the findings of the Labor
Arbiter. Article 223 of the Labor Code
Serious errors, def.
abandonment
Abandonment as a just cause for dismissal is based on Article 282(b) of the Labor Code
money claims under Article 291 of the Labor Code vs. claims for backwages under Article
1146 of the Civil Code
four-year prescriptive period provided by Article 1146 of the Labor Code
Payment of backwages
if the dismissal is based on a just cause under Article 282, the employer must give the
employee two written notices and a hearing or opportunity to be heard if requested by
the employee before terminating the employment: a notice specifying the grounds for
which dismissal is sought a hearing or an opportunity to be heard and after hearing or
opportunity to be heard, a notice of the decision to dismiss
Due process under the Labor Code, like Constitutional due process, has two aspects:
substantive, i.e., the valid and authorized causes of employment termination under the
Labor Code; and procedural, i.e., the manner of dismissal.
Constitutional due process protects the individual from the government and assures him
of his rights in criminal, civil or administrative proceedings; while statutory due process
found in the Labor Code and Implementing Rules protects employees from being
unjustly terminated without just cause after notice and hearing.
illegal dismissal
the National Labor Relations Commission’s existence is not borne out of constitutional
fiat. It owes its existence to Article 213 of the Labor Code
Art. 217 Labor Code - Jurisdiction of the Labor Arbiters and the Commission
Article 218 of the Labor Code vests in the National Labor Relations Commission the
authority to adopt procedural rules
illegal dismissal
NLRC Rules
Illegal dismissal
Employment Termination for Just Cause
Constitutional mandate on Labor
Article XIII, Section 3 of the 1987 Constitution guarantees the right of workers to security
of tenure.
liberal construction of Labor Code provisions in favor of workers is stipulated by Article 4
of the Labor Code
Misconduct and breach of trust are just causes for terminating employment only when
attended by such gravity as would leave the employer no other viable recourse but to
cut off an employee's livelihood.
Article 282, Labor Code - Termination by employer.
Serious misconduct as a just cause for termination
requisites for valid dismissal on account of willful breach of trust
right to security of tenure
permanent total disability benefits

final and definite disability assessment
Article 192(c)(l) of the Labor Code provides that temporary total disability lasting
continuously for more than 120 days, except as otherwise provided in the Implementing
Rules or the Amended Rules on Employee Compensation of Title II, Book IV of the Labor
Code, shall be deemed total and permanent.
Rule X, Section 2(a) of the Amended Rules on Employee Compensation
seafarer's permanent disability for purposes of entitlement to disability benefits
when a temporary disability becomes permanent

twin requirements for compensation of disability
work-related, def.
payment of total and permanent disability benefits.
Settled is the rule that for illness to be compensable, it is not necessary that the nature
of the employment be the sole and only reason for the illness suffered by the seafarer. It
is sufficient that there is a reasonable linkage between the disease suffered by the
employee and his work to lead a rational mind to conclude that his work may have
contributed to the establishment or, at the very least, aggravation of any pre-existing
condition he might have had.
In labor cases as in other administrative proceedings, substantial evidence or such
relevant evidence as a reasonable mind might accept as sufficient to support a
conclusion is required. The oft-repeated rule is that whoever claims entitlement to the
benefits provided by law should establish his or her right thereto by substantial
evidence. Substantial evidence is more than a mere scintilla. The evidence must be real
and substantial, and not merely apparent; for the duty to prove work-causation or work-
aggravation imposed by law is real and not merely apparent.
Rule VI, Section 4(d) of the 2005 Revised Rules of Procedure of the National Labor
Relations Commission, categorically states that in deciding an appeal, the National Labor
Relations Commission shall limit itself to the specific issues elevated on appeal:
The employer must adduce proof of actual involvement in the alleged misconduct for
loss of trust and confidence to warrant the dismissal of fiduciary rank-and-file
employees. However, "mere existence of a basis for believing that [the] employee has
breached the trust [and confidence] of [the] employer" is sufficient for managerial
employees.
Under Article 297 of the Labor Code, an employer may terminate the services of an
employee for the following just causes
to warrant the dismissal from service of a rank-and-file employee under Article 297(a) of
the Labor Code, the misconduct (1) must be serious, (2) should "relate to the
performance of the employee's duties," (3) should render the employee "unfit to
continue working for the employer," and (4) should "have been performed with
wrongful intent."
termination for willful breach of trust under Article 297(c), not Article 297(a), of the
Labor Code
A dismissal based on willful breach of trust or loss of trust and confidence under Article
297 of the Labor Code entails the concurrence of two (2) conditions.
In termination based on just causes, the employer must comply with procedural due
process by furnishing the employee a written notice containing the specific grounds or
causes for dismissal. The notice must also direct the employee to submit his or her
written explanation within a reasonable period from the receipt of the notice.
Afterwards, the employer must give the employee ample opportunity to be heard and
defend himself or herself. A hearing, however, is not a condition sine qua non.
Under Article 294 of the Labor Code, 128 the reliefs of an illegally dismissed employee
are reinstatement and full backwages.
Requisites to grant a seafarer's claim for disability benefits
POEA Standard Employement Contract
When termination of employment is occasioned by retrenchment to prevent losses, an

employer must declare a reasonable cause or criterion for retrenching an employee.
Retrenchment that disregards an employee's record and length of service is an illegal
termination of employment.
Retrenchment
The Labor Code recognizes retrenchment as an authorized cause for terminating
employment.
The merger of a corporation with another does not operate to dismiss the employees of
the corporation absorbed by the surviving corporation. This is in keeping with the nature
and effects of a merger as provided under law and the constitutional policy protecting
the rights of labor. The employment of the absorbed employees subsists. Necessarily,
these absorbed employees are not entitled to separation pay on account of such merger
in the absence of any other ground for its award.
consitutional provisions and policies on work and labor
Under Article 279 of the Labor Code, regular employees acquire security of tenure, and
hence, may not be terminated by the employer except upon legal grounds
The merger of two corporations does not authorize the surviving corporation to
terminate the employees of the absorbed corporation in the absence of just or
authorized causes as provided in Articles 282 and 283 of the Labor Code.
redundancy, for purposes of our Labor Code
Award of separation pay
constructive dismissal
Article 95 of the Labor Code provides that every employee who has rendered at least
one year of service shall be entitled to a yearly service incentive leave pay of five days
with pay, subject to exceptions (i.e.: when the employee is already enjoying vacation
leave with pay of at least five days; and when the employee is employed in an
establishment regularly employing less than ten employees).
correct reckoning of the prescriptive period for service incentive leave pay
BUENA VISTA PROPERTIES,

A.C. No. 12160 INC., vs. ATTY. AMADO B.
DELORIA, Respondent
FRANCISCO I. CHAVEZ, VS.

G.R. No. 185484 June 27, 2018
IMELDA R. MARCOS
TERESITA P. FAJARDO v. ATTY.

A.C. No. 9018 April 20, 2016
NICANOR C. ALVAREZ
JUN B. LUNA vs. ATTY. DWIGHT

A.C. No. 10662 July 7, 2015
M. GALARRITA
Topic
Rules 15.01 and 15.03, Canon 15 of the CPR

Test to determine conflict of interest
Rule 12.02, Canon 12 of the CPR on forum shopping
Canon 17 and Rules 18.03 and 18.04, Canon 18 of the CPR
Penalty solely for a lawyer's representation of conflicting interests on the
basis of jurisprudence
Inhibition of judges under Rule 137 of the Rules of Court
Import of Rule 137, Section 1 of the Rules of Court
unauthorized practice of his profession
practice of law, def.
Under Section 7(b)(2) of Republic Act No. 6713, otherwise known as the
Code of Conduct and Ethical Standards for Public Officials and Employees,
and Memorandum Circular No. 17, series of 1986,53 government officials or
employees are prohibited from engaging in private practice of their
profession unless authorized by their department heads.
when a conflict of interest exists
violation Canon 1, Rules 1.01, and 1.02
Canon 7 of the Code of Professional Responsibility requires lawyers to always
"uphold the integrity and dignity of the legal profession.
Canon 13 mandates that lawyers "shall rely upon the merits of his [or her]
cause and refrain from any impropriety which tends to influence, or gives the
appearance of influencing the court."
A lawyer that approaches a judge to try to gain influence and receive a

favorable outcome for his or her client violates Canon 13 of the Code of
Professional Responsibility.
Violation of Lawyers Oath
Violation of Lawyers Oath
Rule 1.01 of the Code of Professional Responsibility states that "[a] lawyer
shall not engage in unlawful, dishonest, immoral or deceitful conduct."
Rule 16.03 under Canon 6 of the Code of Professional Responsibility
Rule 16.01 of the Code of Professional Responsibility provides for a lawyer’s

duty to "account for all money or property collected or received for or from
the client."

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G.R./A.C.

Title Date Decided

G.R. No. JERSON E. TORTAL v.

G.R. No. FRANCISCO I. CHAVEZ, VS.

G.R. No. PRISCILLA ZAFRA ORBE v.

MARIA C. OSORIO vs.

SIMEON LAPI y MAHIPUS

G.R. No. MAKILITO B. MAHINAY vs.

G.R. No. MARIO C. MADRIDEJOS vs.

ANTHONY DE SILVA CRUZ

G.R. No. COMMISSIONER OF

G.R. No. PEOPLE OF THE

METRO BOTTLED WATER

G.R. No. DIVINA PALAO vs.

G.R. No. CITY OF TAGUIG v. CITY OF

G.R. No. BELO MEDICAL GROUP,

RIZALITO Y. DAVID VS.

G.R. No. PROTECTIVE MAXIMUM

VAN CLIFFORD TORRES y

VIRGINIA DIO v. PEOPLE

CARAVAN TRAVEL AND

FAR EAST BANK AND

August 30, 2017

BANK OF THE PHILIPPINES

SPOUSES BONIFACIO AND

DEE HWA LIONG

MARVIN CRUZ and

GREGORIO AMOGUIS TITO

PEDRO C. PEREA VS.

PABLO M. PADILLA, JR.

QUEZON CITY PTCA

LAND BANK Opetitioner

ALLIANCE FOR RURAL AND

OSCAR M. PARINGIT VS.

A.C. No. JUN B. LUNA vs. ATTY.

When Forum Shopping Exists

Rule on hearsay evidence

Review of appeals filed before SC as "not a matter of right

Bail, def.; Right fo Bail

temporary protection order is a provisional relief

ruling in an investigative exercise - such as fact-finding investigations and preliminary

in an administrative proceeding, the quantum of proof required to establish guilt is

Question of law vs. questions of fact

Probable cause in search warrant

instances of reasonable warrantless searches

finding of guilt is essentially a question of fact.

SECTION 5. Arrest without warrant; when lawful, Rule 113

Elements of Res Judicata

Rule 110, Section 16 of the Rules of Court - Bail Bond

Chain of custody, def.

Quantum of evidence required in criminal cases is proof beyond reasonable doubt.

admissibility of evidence seized

PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF

Fraud is a question of fact that should be alleged and duly proven.

Rule 45, Section 7

petition for review with the Court of Appeals

to determine whether the subject matter of an action is incapable of pecuniary estimation,

Just compensation, def

personal service is the preferred mode of service of summons

It is well-established that "[p ]hysical evidence is evidence of the highest order.

the intention of "prevent[ing] a creditor from obtaining an advantage" is applicable in the

Elements for Courts to give effect on Quitclaims

The determination of whether or not an employee is guilty of abandonment is a factual