February 2023
89decisions- 01A.M. P-13-3124(Formerly Oca Ipi No. 07-2482-P) Office of the Court Administrator v. Atty. Jerry R. Toledo, Then Branch Clerk of Court and Menchie Barcelona, Clerk III, Both of the Regional Trial Court, Branch 259, Parañaque CityA court branch clerk who failed to supervise the custody of seized drug evidence stays guilty of gross neglect of duty, but the Court reduced his dismissal to a two-year-and-six-month suspension because of mitigating circumstances.
- 02G.R. 222537Cosac, Inc. v. Filipino Society of Composers, Authors and Publishers, IncA restaurant that plays copyrighted songs, live or recorded, without a license from the society that holds the performing rights commits copyright infringement, though the Court replaced the royalty award with P300,000.00 in temperate damages.
- 03G.R. 242957The Board of Commissioners of the Bureau of Immigration and the Jail Warden, Bureau of Immigration Detention Center v. Yuan WenleGovernment agencies such as the Bureau of Immigration may issue warrants to arrest people in non-criminal matters like deportation, but only if they follow eight strict guidelines, and a person arrested this way should use the agency's own remedies before going to court.
- 04G.R. 214087Heirs of Spouses Silvestre Manzano and Gertrudes D. Manzano, Represented by Conrado D. Manzano as Attorney-in-Fact and Also in His Personal Capacity v. Kinsonic Philippines, IncA person who may someday be appointed administrator of a dead person's estate is not someone who must be included in a lawsuit, and sellers who benefited from a contract cannot later claim it was void.
- 05G.R. 260704People of the Philippines v. Marlon Conti y ParagguaA man who raped a seven-year-old girl was also convicted of sexual assault for first inserting his finger, because both acts were charged and proven in the same case.
- 06G.R. 251792Lourdes N. Cando v. Flocerfida* de Guzman Solis, Joan Solis and Michelle** SolisA deed of sale signed to secure an existing loan is really an equitable mortgage, meaning a mortgage in disguise, so the lender cannot keep the land.
- 07G.R. 264179Ariel Cadayday Singgit* and Genivieve Mayondo But-Ay v. People of the PhilippinesA married man and his partner can be convicted of concubinage for living together as husband and wife anywhere, so it did not matter that the charge said "private dwelling" instead of "conjugal dwelling."
- 08G.R. 258914Jocelyn Eleazar Monteros v. Task Force Abono-Field Investigation Office, Office of the OmbudsmanThe right to a speedy disposition of cases also protects government employees facing administrative cases, and an administrative case that the Ombudsman leaves unresolved for years without a good reason must be dismissed.
- 09G.R. 192694Bases Conversion and Development Authority and John Hay Management Corporation v. City Government of Baguio City, as Represented by Its Mayor, City Treasurer, and City Legal OfficerFees for a city business permit are regulatory fees, not taxes, so businesses in a tax-exempt economic zone still have to pay them unless they are registered with the zone's regulator.
- 10G.R. 256839People of the Philippines v. Bobby Lopina y Labestre Alias "Barok,"A person cannot be convicted of running a drug den from one single drug sale at his house, especially when the police did not properly record who held the seized drugs.
- 11G.R. 222897Sta. Lucia Realty and Development, Incorporated v. Edsel B. Lumawag, Afp Retirement and Separation Benefits System, and Lourdes Pearce Afp Retirement and Separation Benefits System Vs. Edsel B. Lumawag, Lourdes Pearce, and Sta. Lucia Realty and Development, IncorporatedA seller who sits on a known problem with the lot and fails to deliver title to a fully paying buyer acts in bad faith and owes damages, while a neighbor who builds on the wrong lot by honest mistake is a builder in good faith but may still owe damages for her own negligence.
- 12G.R. 251778Giovanni Santos Purugganan v. People of the PhilippinesA government examiner who demanded money to speed up a land titling and then handled the envelope of marked cash in an entrapment was properly convicted of direct bribery, though his minimum prison term was lowered.
- 13G.R. 233446Edenison F. Fainsan, Leonila D. Querijero, Rolando E. Josef, Cleofe a. Ablog and Robert C. Nacianceno v. Field Investigation Office (Office of the Ombudsman)The Metro Manila Film Festival Executive Committee is a public office, so its members are public officers who can be investigated by the Ombudsman for misusing festival funds.
- 14G.R. 257982Fatima B. Gonzales-Asdala v. Metropolitan Bank and Trust CompanyA widow could not use her late husband's loan insurance to pay off the bank loan, because the insurance was taken out on her own life only and the land was presumed conjugal.
- 15G.R. 224097Keng Hua Paper Products Co., Inc. and James Yu v. Carlos E. Ainza, Primo dela Cruz, and Benjamin R. GelicamiAn employer that stops work for more than six months and then does not follow the legal steps for ending employment is liable for illegal dismissal.
- 16G.R. 223450Romago, Inc. and Francisco Gonzalez v. Associated Bank (Now United Overseas Bank Phils.) and Metallor Trading CorporationA borrower is not freed from a loan just because a third party offered to pay it or made payments, unless the lender clearly agreed to release the borrower; but unreasonable interest rates are cut down to the legal rate.
- 17G.R. 252063Mandaue City College, Represented by Dr. Paulus Mariae L. CAñete v. Commission on Higher Education (Ched)The Commission on Higher Education can order the closure of a school offering college programs without authority, and a faction that is not the school the city created cannot escape this by claiming automatic recognition.
- 18G.R. 220706Land Bank of the Philippines v. Maria Josefina G. Miranda,* Maria Josefina G. Miranda Vs. Land Bank of the PhilippinesA bank that sells a borrower a mortgage redemption insurance it knows will not cover her loan is liable for damages, even though the insurance never took effect.
- 19G.R. 200106Datu Akmad "Tato" Ampatuan, Sr. v. Hon. Secretary of Justice, Families of the Murdered Victims, Atty. Concepcion Brizuela y Jaime, Genalin Mangudadatu y Tiamson, Eden Mangudadatu y Gaguil, Farinah Hassan, Surayda Bernan y Gaguil, Mamotabai Mangudadatu, Wahida Kalim y Ali, Rowena Ante y Mangudadatu, Raida Abdul y Sapalon, Farinah Sabdullah y Caguil, Pinky Baylman, Marife Montano y Cardova, Rosell Morales y Vivas, Eugene Demillo y Pamansag, Bienvenido Legarta, Marites Cablitas, Norton Sedick Edza y Ebus, Razul Daud y Bulilo, Andres M. Teodoro, Abdillah Ayada, Wilhem S. Palabrica, Alejandro M. Reblando, John Caniban, Mercy Palabrica, Catalino Oquendo, Jr., Cynthia Oquendo-Ayon, Francisco Ian Subang, Jr., Noel Decena, Anthony a. Ridao, Rahima P. Palawan, Napeleon Salaysay, Eleonor Leah Dalmacio, Meriam Calimbol, Hannibal D. Cacuela, Jephon Cadagdagon, Mac Delbert (Macmac) Areola, Romeo Jimmy "Pal-Ak" Cabillo, Santos "Junpee" Gatchalian, Jr., Arturo Betia, Rey v. Merisco, Joel v. Parcon, Jose "Joy" Duhay, Ronnie L. Perante, Rubello R. Bataluna, Bengie H. Adolfo, Henry H. Araneta, Ernesto "Bombo Bart" S. Maravilla, Jr., Jolito Evardo, Daniel Tiamzon, Victor O. Nuñez, Eduardo D. Lechonsito, Cecille Lechonsito, Fernando "Ranny" P. Razon, Lindo Lupogan, and Daryll Vincent Delos ReyesDeciding whether there is enough evidence to charge someone with a crime is the prosecution's job, and a later acquittal in court does not make the earlier charging decision wrong.
- 20G.R. 227396People of the Philippines v. Milo Leocadio y LabradorA man who claimed he killed a child by accident was convicted of rape with homicide because the evidence showed deliberate violence and an unbroken chain of circumstances pointing to him.
- 21A.C. 13636(Formerly Cbd Case No. 15-4510) Heir of Herminigildo a. Unite, Represented by His Sole Heir Florentino S. Unite, and Heir of Odylon Unite Torrices, Represented by Sole Heir Miguel B. Torrices v. Atty. Raymund P. GuzmanA lawyer who notarized a deed of donation without checking the signers' identities, for the third time with the same landowner, was suspended for two years and can never again be a notary public.
- 22A.C. 13678(Formerly Cbd Case No. 18-5805) Ehrenfrel C. Azarraga v. Atty. Eduardo L. JalbunaA lawyer who is also a notary public must record every notarized document correctly in his notarial register, and failing to do so can lead to suspension from law practice, but using a person's marriage certificate as evidence in a court case was allowed under the Data Privacy Act as it then stood.
- 23G.R. 209216Executive Secretary Leandro Mendoza, Department of Energy-department of Justice Joint Task Force, and Department of Energy Secretary Angelo T.* Reyes v. Pilipinas Shell Petroleum CorporationThe law letting the Department of Energy temporarily take over oil companies during a national emergency is constitutional, because the Energy Secretary acts as the President's alter ego and the President can disapprove what the Secretary does.
- 24G.R. 211363Estrella Pabalan v. Vasudave SabnaniCourts will not cut very high interest and penalty rates in a loan when both sides were businesspeople on equal footing who freely agreed to the terms.
- 25G.R. 250307People of the Philippines, Plaintiff-Appellee, v. Robert Uy y Ting, Ong Chi Seng* @ Jackie** Ong or Archie, Co Ching Ki*** @ Chai Ong, Tan Ty Siao, Go Siak Ping, James Go Ong @ William Gan,**** Accused, Robert Uy y Ting, Accused-AppellantEven when police seize a huge amount of illegal drugs, the accused goes free if the police did not follow the required steps for handling the evidence and cannot prove the drugs presented in court are the same ones seized.
- 26A.C. 13468(Formerly Cbd Case No. 17-5379) Ryan Anthony O. Lim v. Atty. Carlo Marco BautistaA lawyer who takes millions of pesos from a client by claiming he can influence prosecutors to get a favorable result is disbarred.
- 27A.C. 11495(Formerly Cbd Case No. 17-5466) Norma F. Flores and Mark Sherwin F. Flores v. Atty. William F. Delos SantosA lawyer who took money from a client's mother by falsely promising to bribe Court of Appeals Justices, and who neglected the appeal, was disbarred and ordered to return the money.
- 28G.R. 188933Philippine Home Cable Holdings, Inc. v. Filipino Society of Composers, Authors & Publishers, IncA cable TV operator that runs its own karaoke channels, and plays songs on them without a license from the songwriters' society, infringes the copyright owners' right to communicate their songs to the public.
- 29A.C. 10372Aurora R. Ladim, Angelito a. Ardiente and Danilo S. dela Cruz v. Atty. Perla D. RamirezA lawyer who was already suspended for offensive behavior and then hurled insults at the Court's Bar Confidant was disbarred, meaning she lost her license to practice law.
- 30G.R. 255212Emma C. Villarete, Officer-in-Charge, City Treasurer of Cebu; and City of Cebu v. Alta Vista Golf and Country Club, IncA property owner who made a sincere, timely effort to redeem land sold for unpaid real property tax, and paid in full only two days late, may still keep the land, because redemption laws are read in favor of the owner.
- 31A.C. 9338(Formerly Cbd Case No. 13-3815) Melissa Angela C. Fernando v. Atty. Alejandro Jose C. PallugnaA lawyer who pushed police to seize items not listed in a search warrant, and who notarized a document signed by his own brother, was found guilty, but because he was already disbarred he was only fined PHP 50,000.00.
- 32G.R. 257814Romulo B. Estrella, Cesar B. Angeles, and Felixberto D. Aquino, Acting in Behalf of and as Representatives of Heirs of Bartolome P. Rivera, Eleuteria Rivera, Pelagia R. Angeles, Modesta R. Angeles, Venancio R. Angeles, Felipe R. Angeles, Fidela Angeles, Josefa R. Aquino, Gregorio Aquino, and Rosauro R. Aquino of the Maysilo Estate v. Sm Prime Holdings, Inc. Tri-City Landholdings, Inc. Tri-City Landholdings, Inc. Vs. Sm Prime Holdings, Inc. and Romulo B. Estrella, Cesar B. Angeles, and Felixberto D. Aquino, Acting in Behalf of and as Representatives of Heirs of Bartolome P. Rivera, Eleuteria Rivera, Pelagia R. Angeles, Modesta R. Angeles, Venancio R. Angeles, Felipe R. Angeles, Fidela Angeles, Josefa R. Aquino, Gregorio Aquino, and Rosauro R. Aquino of the Maysilo EstateA land claim over part of the Maysilo Estate failed on procedure: the claimants filed their appeal brief six months late and their Supreme Court petition late and with defects, and their lawyer was ordered to explain a false affidavit.
- 33G.R. 256907Chamber of Customs Brokers, Inc. (Ccbi) v. Commissioner of CustomsThe law no longer requires goods declarations to be signed only by licensed customs brokers, because the Customs Modernization and Tariff Act replaced the older rule and does not violate equal protection.
- 34G.R. 238128Osm Maritime Services, Inc. and/or Mailyn Perena Borillo v. Nelson a. GoA seafarer who was forced to go to court to collect disability benefits he was rightfully owed can recover attorney's fees, even without proof that his employer acted in bad faith.
- 35G.R. 228513Gotesco Properties, Incorporated v. Victor C. Cua Victor C. Cua Vs. Gotesco Properties, IncorporatedA mall owner cannot raise its tenant's common area and aircon charges by whatever rate it alone decides, because a contract term left to one side's will violates the rule that contracts need both parties' agreement.
- 36G.R. 261059Adriano S. Lorenzo, Sr., Jose D. Flores III, Represented by His Father, Jose R. Flores, Jr., and Carlos S. Flores v. Dominador M. Libunao, Evagrio S. Libunao, Noe S. Libunao, Mayo S. Libunao, and Department of Agrarian Reform Adjudication Board (Darab)Cases about cancelling land titles given under the agrarian reform program must go to the Secretary of the Department of Agrarian Reform, and the Supreme Court will not re-weigh evidence about who actually farmed the land.
- 37G.R. 214115Province of Cebu v. Sps. Victor and Catalina GalvezA sale at public auction is complete once the bid is awarded, so the buyers could demand their deeds of sale even though a court order came days later, but the Province's honest mistake did not justify damages.
- 38G.R. 235701Flora L. Tubera-Balintec v. Heirs of Cesar L. TuberaA child whose father signed the birth record is proven to be the father's child, and as the only compulsory heir he shuts out the father's brothers and sisters from the inheritance.
- 39G.R. 261292Bohol Resort Development, Inc. v. Doloreich DumaluanA court cannot throw out a land case for prescription, meaning too much time has passed to sue, when the answer depends on facts that still need to be proven at trial.
- 40G.R. 226548& 227691 Commissioner of Internal Revenue v. Deutsche Knowledge Services, Pte. Ltd. G.r. Nos. 226682-83 Deutsche Knowledge Services, Pte. Ltd. Vs. Commissioner of Internal RevenueA taxpayer claiming a VAT refund decides which documents to file with its administrative claim, and the refund is the full input VAT tied to zero-rated sales, without first subtracting output VAT, but evidence not formally offered in court cannot be counted.
- 41A.M. P-22-066(Formerly Oca Ipi No. 19-4965-P) Diosdado M. Perez v. Atty. Jillian T. Decilos, Clerk of Court Vi, Branch 14, Regional Trial Court, Nasugbu, BatangasA clerk of court who wrongly stopped a sheriff from carrying out a writ of execution is guilty only of simple neglect of duty, not the graver offenses, because there was no bad faith.
- 42G.R. 262622Pryde Henry a. Teves v. Commission on Elections, Roel R. Degamo, and Grego "Ruel" Degamo Grego "Ruel" G. Degamo Vs. Commission on Elections and Roel R. DegamoA candidate whose name looks and sounds almost the same as a rival's, and who is not serious about running, can be declared a nuisance candidate, and the votes cast for him are counted for the rival.
- 43G.R. 230818Efraim C. Genuino v. Commission on Audit, et al. Rene C. Figueroa Vs. Commission on AuditThe Commission on Audit can audit all of PAGCOR's funds, not just part of them, and PAGCOR's officers who approved a P2,000,000.00 grant for a private subdivision's flood control project can be made to answer for it.
- 44G.R. 203353Universal Robina Corporation v. Department of Trade and Industry ("Dti"), the Dti Secretary, Zenaida C. Maglaya, in Her Capacity as Dti Undersecretary, and Victorio Mario a. Dimagiba, in His Capacity as Director for Dti'S Bureau of Trade Regulations and Consumer ProtectionA court case asking whether a law is constitutional, called declaratory relief, can go forward before anyone is charged if there is a real clash of legal rights, and the Price Act's ban on profiteering is not too vague to be valid.
- 45G.R. 262987Edgardo H. Tidalgo v. People of the PhilippinesA port official who asked for a vessel to be held and took steps to stop it from leaving was acquitted of graft, because mistakes without bad faith or gross negligence are not a crime.
- 46G.R. 234636Ron Zabarte v. Gil Miguel T. PuyatEven though the usual time limits to enforce a judgment had run out, the Supreme Court allowed a winning creditor to continue collecting because the delay came from the debtor's evasion and the lower courts' and sheriff's lapses, not from the creditor's neglect.
- 47G.R. 219978Teresita R. Gabucan, Eusebia R. Arnan, Rafael S. Rallos, Emmanuel S. Rallos, Ramon S. Rallos, Renato S. Rallos, Vicente R. Sy, Sarah S. Po, Hermenigilda S. Ybañez, Cleta R. Navares, Vicente B. Rallos, Nestor B. Rallos, Elena R. Rojas, Lydia B. Rallos, Cecilia R. Tarriman, Magdaleno B. Rallos, Lamberto R. Rallos, Jr., Carina B. Rallos, Theresa B. Rallos, and Maurillo B. Rallos v. Honorable Court of Appeals Former Special Eighteenth (18th) Division and Cebu City, Corazon R. Nieves, Evangelina R. Santos, Amado R. Sy, Eduardo R. Sy, Carmelino R. Adarna, Consuelo Adarna, and Victoria AdarnaA city that lost a land case through appeals up to the Supreme Court could not undo the final judgment by filing a new petition to annul it, based on a document it could have found earlier.
- 48G.R. 231267Celso Pablo y Guimbuayan v. People of the PhilippinesA driver who pulled out and aimed a gun at traffic enforcers who were stopping him is guilty of direct assault, because aiming a gun is serious intimidation of an agent of a person in authority.
- 49G.R. 254875People of the Philippines v. Jonie Sabandal PilenA man who stabbed and hacked many neighbors in one evening was convicted of Murder only for killing a one-year-old baby, because the killing of a child is treated as treacherous, while the other attacks were ruled Homicide, Frustrated Homicide or Attempted Homicide.
- 50G.R. 256337Cesar J. dela Cruz v. the Office of the OmbudsmanThe Ombudsman can change its mind and find probable cause after it had earlier dismissed a criminal complaint, because a dismissal at the preliminary investigation stage is not a final judgment.
- 51G.R. 260731People of the Philippines v. Edgardo Catacutan y Mortera Alias "Batibot", "Enzo" & "Gerry"When a killing happens first and the taking of belongings is only an afterthought, the crime is homicide and theft as two separate crimes, not robbery with homicide.
- 52G.R. 255239Spouses Tomas Libiran and Potenciana Feliciano (Deceased), Herein Represented by Their Attorney-in-Fact, Roning Santos v. Elisan Credit CorporationA lawsuit to foreclose a mortgage on land must state the property's assessed value, because that value decides which court has the power to hear the case; without it, the case is dismissed.
- 53G.R. 250199Republic of the Philippines v. Oliver M. Boquiren and Roselyn M. Boquiren, Duly Represented by Her Mother Rosalinda B. MacaraegChildren who were legitimated by their parents' later marriage cannot undo that status through a simple petition to correct their birth certificates; it takes a separate, direct court case filed by the proper party.
- 54G.R. 255473Commissioner of Internal Revenue v. Manila Medical Services, Inc. (Manila Doctors Hospital)A tax assessment is void if the revenue officer who audited the taxpayer was not named in the Letter of Authority, or if the final decision does not state its factual and legal basis.
- 55G.R. 257151(Formerly Udk 16942) Banco de Oro Universal Bank, Inc., Vivian Duldulao, and Christine Nakanishi v. Liza a. Seastres and Annabelle N. BenajeA bank that ignores its own rules and lets a representative withdraw money and encash checks without written authority is fully liable to the depositor, who was not found at fault for trusting that representative.
- 56G.R. 259309Commissioner of Internal Revenue v. Toledo Power CompanyA company that quietly paid a tax assessment, and let the government drop a much bigger audit, cannot later demand its money back as an erroneous payment.
- 57G.R. 257675People of the Philippines v. Cherryline Ramos y Garcia a.k.a. "Cherrylyn Chan Ramos" and "Cherryline Chan Ramos" and Susana Ojastro y Rabanal, a.k.a. "Susan RabanalPeople who promise overseas jobs for a fee to three or more persons without a license commit large-scale illegal recruitment, even if one applicant never paid, and the penalty is life imprisonment and a fine of PHP 2,000,000.00.
- 58G.R. 200224Globe Telecom, Inc. and Innove Communications, Inc. v. National Telecommunications Commission, Commissioner Gamaliel a. Cordoba, Deputy Commissioner Douglas Michael N. Mallillin and Deputy Commissioner Jaime M. Fortes, Jr. National Telecommunications Commission Vs. Digitel Mobile Philippines, Inc. et al. Connectivity Unlimited Resource Enterprises, Inc. Vs. National Telecommunications Commission Smart Communications, Inc. Vs. National Telecommunications CommissionThe National Telecommunications Commission may regulate mobile phone rates and set a default billing method, but it must base its orders on evidence and give the companies a real chance to be heard before enforcing them.
- 59G.R. 263329Ferdinand "Vhong" H. Navarro v. Deniece Milinette* Cornejo, the Secretary of Justice, and Hon. Vincent Villena, in His Capacity as City Prosecutor of TaguigProsecutors may weigh obvious inconsistencies in a complainant's sworn statements when deciding probable cause, and the Supreme Court upheld the dismissal of rape and attempted rape complaints that kept changing.
- 60G.R. 241911People of the Philippines v. Angelo O. Montilla Spouses Rodolfo Palmes & Esmaelita Palmes Vs. the Honorable Court of Appeals, Angelo O. Montilla, and Doris P. LapuzWhen the Supreme Court moves a trial to another city, the new court takes over the case fully and can dismiss it for lack of probable cause, and an accused's death ends his own criminal case.
- 61G.R. 253149Julius R. Uson v. Pldt Employees Credit Cooperative, Noel P. Santos, Jesus L. Siy, Miguel B. Dawis, and Sergio P. NavarraThe general manager of a cooperative is a cooperative officer, so his removal is a dispute inside the cooperative that belongs to the Cooperative Development Authority, not to the labor tribunals.
- 62G.R. 253688Mehol K. Sadain v. Office of the OmbudsmanA government head who gave a project to an NGO without public bidding was not guilty of the serious offense of Grave Misconduct, because the rules that applied did not require bidding; he was liable only for the lesser Simple Misconduct.
- 63G.R. 247563People of the Philippines v. Francisco C. Reyes, Et. Al.; Dante Villoria People of the Philippines Vs. Francisco C. Reyes, Et. Al.; Alfredo N. Macapugay, Margarito Chan, Dickson Lim, and Ramon MateoOfficials and private individuals charged with graft for being paid for a warehouse that supposedly did not exist were acquitted, because the Court found the warehouse did exist and the prosecution did not prove bad faith or actual loss to the government.
- 64G.R. 245334Mark Ramsey Javier y Titular v. People of the PhilippinesA man was acquitted of carrying a knife during the election period because the police could not prove that the knife shown in court was really the one taken from him.
- 65G.R. 263481Jesus Caballes v. Court of Appeals, Corazon Adolfo Calderon, Roberto Adolfo Calderon, Ricardo Adolfo Calderon, Ma. Fe Adolfo Calderon, Analiza Adolfo Calderon, Maria Dolores Calderon, Ma. Gertrudes Calderon, and Romy CarasA court should not throw out an appeal on technicalities when the petition was filed on time and the defects were minor and quickly fixed.
- 66G.R. 220500Cristina Amposta-Mortel v. People of the Philippines Theron Victor v. Lacson Vs. People of the Philippines Leo v. Padilla Vs. People of the Philippines Manuel Beriña, Jr., Jaime R. Millan, Bernardo T. Viray, and Raphael Pocholo a. Zorilla Vs. People of the Philippines Daniel T. Dayan Vs. People of the Philippines Frisco F. San Juan Vs. People of the Philippines Elpidio G. Damaso Vs. People of the Philippines Jesusito Legaspi Vs. People of the Philippines Carmelita D. Chan Vs. People of the PhilippinesBreaking procurement rules is not automatically a crime under the Anti-Graft law, because the prosecution must also prove bad faith, partiality or gross negligence and actual harm or unwarranted benefit, so the Supreme Court acquitted the PEA officials and the contractor.
- 67G.R. 260353Rulie Compayan Camillo,* v. People of the PhilippinesA worker who punched a drunk man who kept boxing him, and whose punch led to the man's death, acted in self-defense and cannot be convicted of homicide.
- 68G.R. 237835Francis Saturnino C. Juan, Isabelo Joseph P. Tomas II, Noel J. Salvanera, Sharon O. Montañer, Floresinda G. Baldo-Digal and Maria Corazon C. Gines v. Commission on Audit, Hon. Michael G. Aguinaldo, in His Official Capacity as Chairperson, and Hon. Jose a. Fabia and Hon. Isabel D. Agito, in Their Official Capacity as Commissioners, of the Commission on Audit Ellen C. Ebcas Vs. Commission on Audit, Hon. Michael G. Aguinaldo, in His Official Capacity as Chairperson, and Hon. Jose a. Fabia and Hon. Isabel D. Agito, in Their Official Capacity as Commissioners, of the Commission on Audit Luzviminda N. Cabalbag Vs. Hon. Michael G. Aguinaldo, in His Official Capacity as Chairperson, and Hon. Jose a. Fabia and Hon. Isabel D. Agito, in Their Official Capacity as Commissioners, of the Commission on Audit Mariano D. Garcia Vs. Commission on AuditGovernment officers who sign papers for an illegal allowance are not made to repay it unless they acted in bad faith or with gross negligence, but each employee who received the money must return what he or she got.
- 69A.M. P-22-063(Formerly Oca Ipi No. 18-4860-P) Hon. Irene B. Banzuela-didulo v. Ma. Lorda M. Santizo, Clerk of Court II, Municipal Trial Court, San Joaquin, Iloilo Re: Request for the Immediate Relief of Ma. Lorda M. Santizo, Clerk of Court II, Municipal Trial Court, San Joaquin, IloiloA court clerk who delayed depositing court money, tampered with official receipts and kept cash bonds for herself was found guilty of several serious offenses, and because she had already resigned she was fined and barred from government service.
- 70G.R. 252369Atty. Asis G. Perez, as Then Director of Bureau of Fisheries and Aquatic Resources (Bfar), Atty. Benjamin F.s. Tabios, Jr., as Then Officer-in-Charge-Assistant Director for Administrative Services; Lina F. Zulueta, Oic-Chief Accountant, and Jericardo S. Mondragon, President and Attorney-in-Fact of Employees Union; All of the Bureau of Fisheries and Aquatic Resources Employees v. Hon. Michael G. Aguinaldo, Chairperson, Commission on Audit (COA), Roland C. Pondoc, Commissioner-COA, and Jose a. Fabia, Commissioner-COAGovernment workers who received a bonus before a spending cap was issued do not have to give back the excess, even though the bonus was paid too early and was properly disallowed.
- 71G.R. 210001Public Estates Authority v. Henry Sy, JrCertiorari cannot be used to replace a lost appeal, and a government agency must honor its contract to pay in land valued as of the date it received the money, even if years have passed.
- 72G.R. 257134Xxx257134 v. People of the PhilippinesA child's clear and consistent testimony can be enough to convict, even when a medical report shows no injury, but an adoptive uncle is not a relative by blood or marriage for purposes of qualifying the crime.
- 73G.R. 246710-15Quezon City Eye Center v. Philippine Health Insurance Corporation, Arbitration Office, Prosecution Department and Fact Finding Investigation and Enforcement Department of the Philippine Health Insurance CorporationA hospital cannot be penalized for patient-recruitment schemes run by visiting doctors without real evidence that the hospital itself took part, and an agency must give the accused a copy of the prosecutor's finding of a case.
- 74G.R. 234435-36Tahira S. Ismael and Aida U. Ajijon v. People of the PhilippinesGovernment officials who fail to remit employees' GSIS contributions can be punished under the GSIS law even without bad faith, but that failure alone is not graft under the Anti-Graft law unless evident bad faith or gross inexcusable negligence is proven.
- 75A.C. 10743Camarines Sur IV Electric Cooperative, Inc., Represented by Atty. Veronica T. Briones v. Labor Arbiter Jesus Orlando M. QuiñonesThe Supreme Court can discipline a government lawyer, here a labor arbiter, for official acts that show he is unfit to practice law, and it suspended him for six months for wrongly quashing a writ of execution and signing a flawed one prepared by a clerk.
- 76G.R. 230260Department of Finance-Revenue Integrity Protection Service, Rep. by Reynalito L. Lazaro and Jesus S. Bueno v. Raymond Pinzon Ventura* (Sg25), Collector of Customs v, Bureau of Customs, South Harbor, Port Area, Manila Office of the Ombudsman Vs. Raymond Pinzon VenturaA government official who hid his wife and three children in his official forms for over ten years committed less serious dishonesty and simple misconduct, not the most serious offenses, and was suspended rather than dismissed.
- 77G.R. 218010Fernand O. Maternal, Raymundo Vinoya, Erwin S. Constantino, Edilberto F. Carzon, Lourdes v. Alibudbud, Gloria Bathan, Dioscoro Marla, Felicisimo Articona, Joseph E. Calingasin, Loreta D. Aparato, Corazon Orienda, Danny Balunes, Joy Ocado, Ronnie Palentinos, Reynante C. Basinang, Ramil Duran, Victorino O. Atienza, Jr., Allan B. Miole, Wllbert Banayo, Christian Cantos, Arnaldo P. Batis, Reynaldo R. Oriel, Wilfredo a. de Leon, Wilfredo S. Moraleda, Edward R. Regocera, Christopher Carullo, Andy Baroña,* Renato Pag-Ong,* Richard E. Riñon,* Reynaldo H. Arlata, Jr., Teodorico F. Fortuno, Peter M. Pocoy, Juliana G. Domine, Christian C. Manubag, Vivian M. Caparas, Mark Zuñiga, Warlinito Guno, Eduel Aguila, Rogelio Bongato, Art Nabatilan, Juan Entena, Jr., Gilbert Gasapos, Nicanor* Borromeo, Chris Maniquis, Alfred de Guzman, Rico D. Paz, Joselito M. Pagcaliwagan,* Cris* R. San Pedro, Larry B. Tabura, Emilio T. Genada, Edzel C. Noble, Helen T. Erasga, Menchito B. Recaro, Ariel T. Roncesvalles, Mauro M. Villadiego, Manuel a. Cantillan, Librado L. Landicho, Ferdinand Santiago, Eriberto P. Palencia, Ariel C. Lumio, Arnel D. Alcantara, Crispulo del Mundo, Castor B. Isiang, Elvin G. Pacumo,* Maximo M. Tuiza, Jose U. Villapando,* Elmo L. Camalig, Rommel Torrente, Nathaniel a. Hernandez, Leo a. Sioson, Juanito D. Beato, Marvin M. Rodas, Tristan Hernandez, Randy B. Medianero, Rafael Ceazar C. Vargas, Andrew Sarmiento, Glen a. Azuelo, Roderick Perez, Dexter Corachea, Rolan Balo, Ruben Lazo, Dennis Eugenio, Elmer Guibao, Adelo Vergara, Monico Marasigan, Henry B. Lopez, Mariano G. Aguilar, Jr., August B. Buenaventura, Henry N. Sumague, Edwin R. Celzo, Prudencio J. Zurbito, Jr., Marlon L. Gamilla, Johnny* a. Majerano, Levie B. Argon, Dionisio R. Mabalot, Gliendon I. Garcia, Regino P. Baterisna, Elvin a. Mane and Randy M. Queruela Vs. Coca-Cola Bottlers Phils., Inc. (Now Known as Coca-Cola Femsa Phils., Inc.),* G.r. No. 248662 Fernand O. Maternal, Raymundo Vinoya, Erwin S. Constantino, Edilberto F. Carzon, Lourdes v. Alibudbud, Gloria Bathan, Dioscoro Marla, Felicisimo Articona, Joseph E. Calingasin, Loreta D. Aparato, Corazon Orienda, Wilfredo S. Moraleda, Edward R. Regocera, Christopher Carullo, Andy Barona, Renato Pagong, Richard E. Riñon, Reynaldo H. Arlata, Jr., Teodorico F. Fortuno, Peter M. Pocoy, Juliana G. Domine, Christian C. Manubag, Vivian M. Caparas, Mark Zuñiga, Warlinito Guno, Eduel Aguila, Rogelio Bongato, Art Nabatilan, Juan Entena, Jr., Gilbert Gasapos, Nicanor Borromeo, Chris Maniquis, Alfred de Guzman, Rico D. Paz, Joselito M. Pagcaliwagan, Cris R. San Pedro, Larry B. Tabura, Emilio T. Genada, Edzel C. Noble, Helen T. Erasga, Menchito B. Recaro, Ariel T. Roncesvalles, Mauro M. Villadiego, Manuel a. Cantillan, Librado L. Landicho, Ferdinand Santiago, Eriberto P. Palencia, Ariel C. Lumio, Arnel D. Alcantara, Crispulo del Mundo, Castor B. Isiang, Elvin G. Pacumo, Maximo M. Tuiza, Jose U. Villapando, Elmo L. Camalig, Rommel Torrente, Nathaniel a. Hernandez, Leo a. Sioson, Juanito D. Beato, Marvin M. Rodas, Tristan Hernandez, Rafael Ceazar C. Vargas, Andrew Sarmiento, Glen a. Azuelo, Roderick Perez, Dexter Corachea, Rolan Balo, Ruben Lazo, Dennis Eugenio, Elmer Guibao, Adelo Vergara, Monico Marasigan, Henry B. Lopez, Mariano G. Aguilar, Jr., August B. Buenaventura, Henry N. Sumague, Edwin R. Celzo Vs. Coca-Cola Beverages Philippines, Inc. (Ccbpi) Formerly Known as Coca-Cola Femsa Philippines, Inc. (Ccfpi)Bonuses that an employer gave under different names, for different purposes and in varying amounts, and always called one-time, did not become a company practice that workers can demand.
- 78G.R. 252834Spouses Robles and Rose Maliones a.k.a. Rosa Maliones, Spouses Eduardo and Rosita Quiño, Mr. Eugenio Sawate, the Late George Bati-El Represented by His Wife Lilia Bati-El v. Mario S. Timario, Jr., Gabriel B. Lantec, Janice a. Biag, Feliciana C. Laus, Oplen Saga-Oc, Narcisa Vicente, Gloria G. Polon, Lunesa v. Tany, Evelio Andy S. Timario, Octavio a. Lesking, Roel G. Ngoloban, Nestor Buteng, Cynthia G. Polon, William Sad-Ang, Cerilo Baoidang, Jr., Adam Simultog, Elena Atolba, Dux Allen P. Annaguey, Rydel Lantec, Mario Pagtan, Suani M. Copicop, Camille* Cayabas, Jun M. Witawit, George Daday, John It-Itan, Tomas O. Bangsoy, Crispin B. Mangangey, Thelma L. Lacyod, Eva Tongtongdan, Mathew W. Kiyawan, Miranda L. Bingcola, Ferdinand Sudicalan, Ian C. Dameg, Domingo Montes, Benjamin Malona, Davyne Art Kidit, Jessamine Timario, Helen T. Ngiteyeb, Laurence M. Viernes and Caesar Lapicto Balacwid G.r. N0. 258836 Spouses Robles and Rose Maliones a.k.a. Rosa Maliones; Sps. Eduardo and Rosita Quiño; Mr. Eugenio Sawate; the Late George Bati-El; Department of Environment and Natural Resources Represented by the Office of the Regional Director Car Engr. Ralph C. Pablo; Dpa, En. P.; Provincial Assessor of Mountain Province, Represented by the Assistant Provincial Assessor Engr. Randy B. Ticchap; Municipal Assessor of the Municipality of Sabangan, Mountain Province, Represented by Engr. Gabriel M. Sawate; and the Punong Barangav of Data, Sabangan, Mountain Province Hon. Marianito a. Caban-Os Vs. Mario Somebang Timario, Jr., Gabriel B. Lantec, Janice a. Biag, Feleciana* C. Laus, Oplen Saga-Oc, Narcisa Vicente, Gloria G. Polon, Lumesa* v. Tany, Evelio Andy S. Timario, Octavio a. Lesking, Roel C. Ngoloban, Nestor Buteng, Cynthia G. Polon, William Sad-Ang, Cerilo Bao-Idang,* Jr., Adam Simultog, Elena Atolba, Dux Allen P. Annaguey, Rydel Lantec, Mario Pagtan, Suani M. Copicop, Camilla Cayabas, Jun M. Witawit, George Daday, Criselda Bimoyag, John Ititan, Tomas O. Bangsoy, Crispin B. Mangangey, Thelma L. Lacyod, Eva Tongtongdan, Matthew W. Kiyawan, Miranda L. Bingcola, Ferdinand Sudicalan, Ian C. Dameg, Domingo G. Montes, Benjamin Malona, Davyne Art Kidit, Jessamine P. Timario, Helen Togpa-an Ngiteyeb, Laurence Moyaen Viernes and Caesar Lapicto BalacwidIn an environmental citizen suit, the Court will protect a forest area from destruction without deciding whether the occupants own it under native title, because that question belongs to a different case and to the National Commission on Indigenous Peoples.
- 79G.R. 214148Phillips Seafood Philippines Corporation v. Tuna Processors, IncA patent protects only what its claims cover, and a competitor who uses a different method is not liable for infringement unless the patent owner proves that the method works in substantially the same way.
- 80G.R. 192901Cezar Quiambao and Owen S. Carsi-Cruz v. Bonifacio C. Sumbilla and Aderito Z. Yujuico Anthony K. Quiambao Vs. Bonifacio C. Sumbilla and Aderito Z. YujuicoFiling the same case in three courts is not forum shopping when it was done out of real doubt about the proper venue and the extra cases were withdrawn right away.
- 81G.R. 213161Land Bank of the Philippines v. Spouses Rene I. Latog and Nelda LuceroCourts fixing the price of land taken under agrarian reform must consider the DAR formulas and may depart from them only with a clear, evidence-based explanation, so this case was sent back for more evidence.
- 82G.R. 234640Crispin Burgos D. Bariata v. the Honorable Ombudsman Conchita C. Carpiomorales, Joselito a. Ojeda, and Dulce R. Quinto-OjedaA mayor's failure to list some properties in his asset declarations was not enough to bring criminal charges, because the omissions were not shown to be deliberate and did not involve wealth gained while in office.
- 83G.R. 257298Po2 Reny D. Espiña v. Norberto P. GicoleA police officer who fires a warning shot and then shoots two men, in breach of the police's own use-of-force rules, can be dismissed from the service for grave misconduct.
- 84G.R. 218637Marissa B. Bacani v. Rosita D. MadioA buyer's successor may keep occupying part of a building under the sale agreement until the seller either delivers the land title or decides not to push through with the sale, and a losing party who acted in good faith should not be ordered to pay attorney's fees.
- 85G.R. 212727Commissioner of Internal Revenue v. Ce Casecnan Water and Energy Company, IncA taxpayer, not the tax bureau, decides which documents are enough to support a VAT refund claim, and the 120-day waiting period starts when the claim is filed.
- 86G.R. 254267Far East Fuel Corporation v. Airtropolis Consolidators Philippines, IncA company that forgot to file its answer because its lawyer thought the parties were settling was properly declared in default, and a claim for goods still has to be proven by actual delivery.
- 87G.R. 236620Jose T. Tengco III and Anthony Kierulf v. People of the Philippines Barbara May L. Garcia Vs. People of the Philippines Herley Jesuitas Vs. People of the PhilippinesAgents charged with selling unregistered securities cannot get the case thrown out for lack of due process at the SEC stage when the SEC did investigate and they fully took part in the DOJ's preliminary investigation.
- 88G.R. 247918Cbk Power Company Limited v. Commissioner of Internal RevenueA renewable energy developer gets the zero-rated VAT on its purchases only if it is registered with the Department of Energy, so an unregistered developer's refund claim must be examined under the ordinary tax refund rules.
- 89G.R. 253504Roel Pablo y Pascual v. People of the PhilippinesPolice cannot arrest someone only for traffic violations that carry a fine, but they may pat down a person's outer clothing for weapons when several suspicious circumstances together give them a genuine reason, and a loaded gun found that way can be used as evidence.