July 2023
47decisions- 01G.R. 258887Luz Delos Santos, Minors Francis Delos Santos, Catherine Delos Santos, and Lorence Delos Santos v. Demy Alma M. Delos Santos, Montano M. Delos Santos Joined by His Wife Analiza G. Delos Santos, Irene Angela D. Clemente Joined by Her Husband Angelo Clemente, and Seatiel M. Delos Santos Joined by His Wife Michelle R. Delos SantosWhen a widower signs away property while leaving out his late wife's children, the agreement is void as to their shares but is still valid for his own share, so the new owners become co-owners with the excluded heirs.
- 02G.R. 263264People of the Philippines v. Karen Aquino y Gabriel @ Mama Ched, Rey Rosal y Bobis* @ Dada Rey, Jeffrey dela Cruz y Sanchez @ Jeff and Ericson Mariano y Peraldal @ NicoleRecruiting, transporting or housing children so they can be used for paid sex is trafficking even if the children seemed to agree, and it becomes qualified trafficking when three or more people do it together.
- 03G.R. 256624Joy Batislaon y Balicbalic v. People of the PhilippinesA grocery cashier who lets a relative's items go through without scanning is guilty of simple theft, not qualified theft, because being a cashier does not by itself show the high degree of trust the law requires.
- 04G.R. 247844Norma M. Baleares and Heirs of Santos Baleares v. Felipe B. Espanto, Heirs of Arnold v. Maranan, Register of Deeds Makati, and City Assessor of MakatiA case dismissed only because the plaintiffs' lawyer repeatedly missed hearings does not block a new case, when applying that rule would cost a family their home.
- 05G.R. 261125Peter Paul G. Marasigan v. Benito G. Marasigan, et al.A family-run close corporation cannot use special privileges, such as setting its own quorum, unless its articles of incorporation clearly claim them.
- 06G.R. 246306Marian Rebutay Sedano v. People of the PhilippinesA court's acquittal in a criminal case is final, and the prosecution cannot get it reversed just by arguing the trial judge applied the law wrongly.
- 07G.R. 250486Tagumpay Realty Corporation v. Empire East Land Holdings, IncA court cannot dismiss, on its own, a petition filed in the wrong place within the court system if the other side never objected, because improper venue is a defense that is waived if it is not raised on time.
- 08A.C. 6321David W. Williams v. Atty. Rudy T. EnriquezA disbarment complaint cannot be used to get a court to cancel a property document, because the Court's discipline of lawyers is about the lawyer's fitness and not about settling the complainant's civil claims.
- 09G.R. 257454Cali Realty Corporation, Represented by Dr. Camilo M. Enriquez, Jr. v. Paz M. EnriquezLand is presumed to belong to a married couple together only if the person claiming that must first prove the land was acquired during the marriage, and a title issued during the marriage is not enough.
- 10G.R. 255889Leonardo L. Justo v. Technomar Crew Management Corp., Technomar Shipping, Inc., and Teresita B. MalagiokA company doctor who declares a seafarer fit to work while ignoring a serious hearing loss found in the company's own tests has not given the final assessment the law requires, so the seafarer is treated as permanently and totally disabled.
- 11G.R. 246114William Dadez Nicolas, Sr. v. Task Force Abono-Field Investigation OfficeA provincial treasurer who signs off on spending for the wrong project is dismissed for dishonesty and grave misconduct, but he cannot also be punished for conduct prejudicial to the best interest of the service for the same act when it already fits a named offense.
- 12G.R. 208436Rainier a. Espina v. Hon. Chairman Manuel Soriano, Jr., Vice-Chairman Julita M. Calderon, Emerita Dt. Francia, and Myla Teona N. Teologio in Their Capacity as Members of the Investigating Panel Created Pursuant to Office Order No. 248, Series of 2012, the Fact-Finding Investigation Bureau, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Ffib-Moleo), the Honorable Ombudsman Conchita Carpio Morales, and the Honorable Fourth Division of the Sandiganbayan Henry Ylarde Duque Vs. Hon. Ombudsman and Fact-Finding Investigation Bureau, Ombudsman for the Military and Other Law Enforcement Offices Eulito T. Fuentes Vs. Hon. Ombudsman, the Fact-Finding Investigation Bureau, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Ffib-Moleo), Sandiganbayan Fifth Division, Secretary of the Department of Interior and Local Government, Chief of the Philippine National PoliceThe Supreme Court will not overturn the Ombudsman's finding that there is probable cause to charge officials in the PNP armored vehicle repair scandal, because no grave abuse of discretion was shown.
- 13G.R. 222068Arthur a. Candelario v. Marlene E. Candelario and the Office of the Solicitor GeneralA marriage celebrated before the Family Code took effect can still be declared void for psychological incapacity, but the spouse asking for it must prove the incapacity with clear and convincing evidence.
- 14G.R. 245926People of the Philippines v. XxxA man was convicted of simple rape, not qualified rape, because the charge sheet said the girl was his first cousin or a relative within the third degree, and a first cousin is a fourth-degree relative.
- 15G.R. 255632Danica L. Medina v. People of the PhilippinesAn employee who collects money for her employer was acquitted because the prosecution proved neither that she held the money as a trustee nor that she took it.
- 16G.R. 202417Hon. Corazon J. Soliman, in Her Capacity as Secretary of the Department of Social Welfare and Development v. Carlos T. Santos the Manila Southwoods Golf and Country Club, Inc. Vs. Carlos T. Santos, JrPrivate golf and country clubs must give senior citizens the 20% discount on services they sell, like locker rentals and use of golf facilities, but not on membership dues.
- 17G.R. 258925People of the Philippines v. Mark John Maantos y Velasco @ "John Skull," Ryan Aringgo y Legaria (Deceased), Jorros Bini y Hipolan, Alma CAñete y Ponsica (at Large), April John Taburada y Subaria (at Large), Cedric Miro y Sarabia (at Large) Mark John Maantos y Velasco @ "John" Skull" and Jorros Bini y HipolanA person cannot be convicted of murder on an eyewitness identification made days later from a suggestive photo lineup, even when the accused is a notorious gang leader.
- 18G.R. 257497People of the Philippines v. XxxRemoving one's clothes and bending a girl over is not attempted rape unless the man has started to push his penis into her, so the lesser crime of lascivious conduct was proven, while the earlier rape at knifepoint was proven fully.
- 19A.M. 23-05-05-SCRequest of the Public Attorney'S Office to Delete Section 22, Canon III of the Proposed Code of Professional Responsibility and AccountabilityThe Supreme Court refused to delete the rule that a conflict of interest of a Public Attorney's Office lawyer is imputed only to that lawyer and the direct supervisor, so the rest of the office can still represent the other side.
- 20G.R. 229471Pacific Cement Company v. Oil and Natural Gas CommissionA court decision made while a company is under rehabilitation is not automatically void if the court was never told about the rehabilitation, but enforcement of the money claim stays suspended.
- 21G.R. 222810Former Municipal Mayor Clarito a. Poblete, Municipal Budget Officer Ma. Dolores Jeaneth Bawalan, and Municipal Accountant Nephtali v. Salazar Vs. Commission on AuditLocal officials who pay old projects from a later year's budget can be held to account for the disallowed amounts, and an appeal to the Commission on Audit that is not perfected on time, including payment of the filing fee, becomes final.
- 22A.C. 13675(Formerly Cbd 19-6024) Mary Rose E. Dizon, Randolph Stephen G. Pleyto, and Jonash Belgrade C. Tabanda v. Maila Leilani Trinidad-RadocA lawyer who invents court cases, fakes a P5 million court award, and pockets her clients' money should be disbarred.
- 23G.R. 233930Anna May v. Baquirin, Mary Jane N. Real, Maria Lulu G. Reyes, Joan Dymphna G. Saniel, and Evalyn G. Ursua Vs. Ronald M. dela Rosa, in His Capacity as Director-General of the Philippine National Police, Jose Luis Martin C. Gascon, in His Capacity as Chairperson of the Commission on Human Rights, and Vitaliano Aguirre II, in His Capacity as the Secretary of the Department of JusticeThe Supreme Court will not use a petition for mandamus to order officials to investigate killings in the drug war when the petitioners have no standing, skipped lower courts, and showed no concrete proof of neglect.
- 24G.R. 209449Republic of the Philippines v. National Commission on Indigenous Peoples, Register of Deeds — Baguio City, Land Registration Authority, Heirs of Lauro Carantes, Dimson Manila, Inc., Joan L. Gorio, and Certain Jane Does and John DoesThe Indigenous Peoples' Rights Act does not apply to Baguio City, so no ancestral land title under that law can be issued there, but indigenous claimants may still try to prove ownership by possession since time immemorial.
- 25G.R. 245894Raquel C. Melloria, Municipal Accountant, Eduarda a. Casador, Municipal Treasurer, Municipality of Laak, Province of Compostela Valley v. Director Flerida a. Jimenez, in Her Capacity as Head, Intelligence and Confidential Funds Audit Unit, Office of the Chairperson, and Commission on AuditOfficials who only certify that funds are available, as a routine task, can be excused from returning disallowed government money if they acted in good faith.
- 26G.R. 262193Development Bank of the Philippines v. Commission on AuditThe Supreme Court upheld the disallowance of DBP's inflated leave pay, but because the Commission on Audit took 11 years to decide, no one has to pay it back.
- 27G.R. 211089Spouses Dr. John O. Maliga and Annielyn dela Cruz Maliga v. Spouses Abrahim N. Tingao and Bai Shor Tingao Spouses Dr. John O. Maliga and Annielyn dela Cruz Maliga Vs. Dimasurang Unte, JrA Shari'a District Court can hear a money dispute between Muslims, including a loan with interest, even if the Muslim Code has no specific rule on the subject.
- 28G.R. 260116Mayor Agnes Villanueva, Now Incumbent Member of the Sangguniang Panlalawigan of Misamis Occidental v. Honorable Commission on Elections, En Banc, and the Law Department of the COMELEC, ManilaThe Comelec took eleven years to decide whether to charge a mayor with an election offense, and that unexplained delay violated her right to a speedy disposition of her case, so the case was dismissed.
- 29G.R. 254001Bayyo Association, Inc. and Anselmo D. Perweg, in His Capacity as President of the Association v. Secretary Arthur P. Tugade, Secretary Carlos S. Dominguez, Secretary Wendel Eliot Avisado, and Atty. Martin B. DelgraThe Supreme Court refused to rule on the jeepney modernization order because the petitioners did not show that they had the right to sue and went straight to the Supreme Court on questions that depend on facts.
- 30G.R. 209479Federation of Jeepney Operators and Drivers Association of the Philippines (Fejodap), Alliance of Concerned Transport Operators (Acto), Alliance of Transport Operators and Drivers Association of the Philippines (Altodap), Pangkalahatang Sangguniang Manila and Suburbs Drivers Association, Inc. (Pasang-Masda), Metro Manila Bus Operators Association (Mmboa), Pagkakaisa Ng Mga Samahan Ng Tsuper at Operator Nationwide (Piston), Makati Jeepney Operators and Drivers Alliance, Inc. (Mjoda), Integrated Metro Bus Operators Association (Imboa), Northeast Manila Bus Operators Group (Nembog), National Trans-Workers Union (Ntu), and Provincial Bus Operators Association of the Philippines (Pboap) v. Governments of Manila City, Quezon City, Valenzuela City, Caloocan City, San Juan, Navotas, Las Piñas City, Taguig, Pasay City, Parañaque City, Muntinlupa City, Mandaluyong City, Makati City, Pasig City, Pateros, Metropolitan Manila Development Authority (Mmda), Land Transportation Office (Lto) and the Department of Transportation and Communications (Dotc)In Metro Manila, only the MMDA, and not the city governments on their own, may issue traffic tickets and confiscate drivers' licenses, so the city ordinances that let them do so were struck down.
- 31G.R. 244202Mannasoft Technology Corporation v. Commissioner of Internal RevenueTax assessment notices handed to someone who is not the taxpayer's authorized representative, like a reliever security guard, are void, and the taxpayer's appeal to the tax court was on time.
- 32G.R. 233127Integrated Credit and Corporate Services, Co. v. Novelita Labrador and Philippians Academy of Parañaque CityA buyer at a foreclosure auction who has consolidated ownership is entitled to a writ of possession, and a beneficiary of a trust created by the mortgagor does not count as a third party who can block it.
- 33G.R. 253531Elizabeth Vidal-Plucena v. Hon. Flaviano Balgos, Jr., Harvey Glenn Valencia, and Mrs. Franson ValenciaWhen you sue to recover only part of a piece of land, the court that hears the case is decided by the assessed value of that part, not of the whole property.
- 34G.R. 261065Commissioner of Internal Revenue v. Maxicare Healthcare CorporationThe tax bureau cannot issue its final decision on a taxpayer's request for reinvestigation before the taxpayer's 60 days to submit supporting documents are over, or the assessment is void.
- 35G.R. 253716Platinum Group Metals Corporation v. the Mercantile Insurance Co., IncAn insurer is not liable for property destroyed by an armed political attack, because insurrection and rebellion were excluded risks under the policy, even though the insured had a valid insurable interest.
- 36G.R. 254586Rosell R. Arguilles v. Wilhelmsen Smith Bell Manning, Inc./ Wilhelmsen Ship Management Ltd., and Fausto R. Preysler, JrA seafarer hurt while playing basketball on the ship in his free time can still claim disability benefits, and he gets full benefits if the company doctor gives no final assessment within the legal period.
- 37G.R. 251732Julius Enrico Tijam y Noche and Kenneth Bacsid y Ruiz v. People of the PhilippinesA person cannot be convicted of theft just because he was found holding a missing phone when he gave a believable explanation and the rest of the evidence only raised suspicion.
- 38G.R. 226716National Power Corporation v. Philippine National Bank and Municipality of Sual, PangasinanA local government cannot tax the National Power Corporation for a business it no longer runs, and a taxpayer may go straight to court when the dispute is purely about the law.
- 39G.R. 256798Jerry Dean a. Palaoag,* v. People of the PhilippinesIntroducing a swindler to a victim is not enough to convict someone of conspiracy to commit estafa, because a conspiracy must be proven beyond reasonable doubt.
- 40G.R. 250610People of the Philippines v. Francis Valencia y Lorenzo and Ryan AntipuestoIn a drug case, the paperwork that tracks the seized drugs cannot be changed along the way, because even a small change in the marking casts doubt on whether the drugs in court are the ones seized.
- 41G.R. 237277Alaska Milk Corporation v. Ruben P. Paez, Florentino M. Combite, Jr.,* Sonny O. Bate, Ryan R. Medrano, and John Bryan S. Oliver Asiapro Multi-Purpose Cooperative Vs. Ruben P. Paez, Florentino M. Combite, Jr., Sonny O. Bate, Ryan R. Medrano, and John Bryan S. Oliver Don a. Gilbuena, Jayson P. Castasus, Rodez v. Celle, Edmel R. de Luna, Alvin M. Punzalan, Wilmar a. Fule, Marlon v. Clanor, Marvin a. Berroya, Mateo G. Narte, and Noel O. Avila Vs. Alaska Milk Corporation, Asiapro Multi-Purpose Cooperative, Antonio H. Ozaeta, and Jose Ma. Martin M. Cheng Joel J. Rosales, Mark James Regulto, Edward S. Mindo, Mhark Anthony O. Bolima, Jerome M. Rodriguez, Edgardo R. Fortes, Jr., Nelson a. Matas, Arnold M. Quinia, Gabby P. Grafil, Redel v. Apilan, Joelan P. Regalia and Juan Cris M. Marco Vs. Alaska Milk Corporation, Wilson a. Contreras and Wilfred Uytengsu Alaska Milk Corporation Vs. Don a. Gilbuena, Jayson P. Castasus, Rodez v. Celle, Edmel R. de Luna, Alvin M. Punzalan, Wilmar a. Fule, Marlon v. Clanor, Marvin a. Berroya, Mateo G. Narte, and Noel O. AvilaA cooperative that has real capital, other clients and control over its workers is a legitimate contractor, but one that cannot prove real investment in the work is only a labor-only contractor, which makes the company that uses its workers their true employer.
- 42G.R. 230391Juliette Gomez Romualdez v. the Court of Appeals (16th Division), First Philippine Holdings Corporation and Presidential Commission on Good Government Juliette Gomez Romualdez Vs. First Philippine Holdings Corporation and Presidential Commission on Good GovernmentA court should not force an elderly widow to give testimony in advance about her late husband's alleged ill-gotten wealth when the company asking for it has no real basis for its claim.
- 43G.R. 217862Camilo L. Sabio v. Alain Baguisi, Ma. Kristina C. Ponti,******* and Leander P. MarquezA government official who tries to influence a judge in a pending case, even a brother, is administratively liable for grave misconduct, and the penalties may still be recorded in his file after he has left government.
- 44G.R. 254753Siegfred D. Deduro v. Maj. Gen. Eric C. Vinoya, in His Capacity as Commanding Officer of the 3rd Infantry Division, Philippine ArmyRed-tagging, meaning publicly labelling someone as a communist or terrorist, can be a threat to a person's life, liberty and security that justifies a writ of amparo, and a court cannot dismiss such a petition without making the military respondent answer.
- 45G.R. 230200Antonio Baclig v. the Rural Bank of Cabugao, Inc., Florante R. Rigunay, Miguel a. Frando and the Register of Deeds of Ilocos SurA foreclosure auction is void if the notice of sale was never published in a newspaper when the property is worth more than P400.00, even if the case had already become final because of a lawyer's mistake.
- 46G.R. 243604Bloomberry Resorts and Hotels, Inc. v. Josedelio Eliz Meneses Asistio and Anthony Noveno ClavitoA court of appeals cannot hear a certiorari case against a respondent it never properly notified, so dismissing the petition against an unserved respondent was correct.
- 47A.M. MTJ-24-024(Formerly Oca Ipi No. 20-3132-Mtj) Atty. Joselito M. Baetiong v. Presiding Judge Jo Anne N. dela Cruz-Malaton, Municipal Circuit Trial Court, Casiguran-Dilasag-Dinalungan, AuroraA judge who decides a motion the very next day without giving the other side notice and a chance to oppose violates the basic three-day notice rule and is guilty of gross ignorance of the law.