June 2023

46decisions
  1. 01A.C. 13630(Formerly Cbd Case No. 17-5285) Alifer C. Pante v. Atty. Jose Allan M. TebelinA lawyer who takes a client's money, never files the case, gives a fake petition and even borrows money from the client can be disbarred.
  2. 02A.C. 13521In Re: Atty. Lorenzo G. Gadon'S Viral Video Against Raissa RoblesA lawyer who curses at and demeans a woman journalist in a video, even one he says he meant only for her, can be disbarred because lawyers must behave with dignity in private life too.
  3. 03G.R. 263590Atty. Romulo B. Macalintal v. Commission on Elections and the Office of the President, Through Executive Secretary Lucas P. Bersamin Atty. Alberto N. Hidalgo, Atty. Aluino O. Ala, Atty. Agerico a. Avila, Atty. Ted Cassey B. Castello, Atty. Joyce Ivy C. Macasa, and Atty. Frances May C. Realino Vs. Executive Secretary Lucas P. Bersamin, the Senate of the Philippines, Duly Represented by Its Senate President, Juan Miguel Zubiri, the House of Representatives, Duly Represented by Its Speaker of the House, Ferdinand Martin Romualdez, and the Commission on Elections, Duly Represented by Its Chairman, George Erwin M. GarciaThe Supreme Court struck down the law that postponed the December 2022 barangay and youth council elections, but let the postponed October 2023 elections go ahead.
  4. 04A.M. RTJ-06-1974Carmen P. Edaño v. Judge Fatima Gonzales-Asdala and Stenographer Myrla del Pilar NicandroA dismissed judge who truly admitted her mistakes and reformed was given part of her retirement benefits as an act of mercy.
  5. 05A.M. P-22-058Office of the Court Administrator v. Charlibeth P. Sicad, Clerk III, Office of the Clerk of Court, Metropolitan Trial Court, Makati CityA court cashier who steals court collections is dismissed from government service, even before the criminal case against her is decided.
  6. 06A.C. 13035Atty. Pablo B. Francisco v. Atty. Ma. Victoria Suñega-LagmanThe Supreme Court can discipline a government lawyer as a member of the Bar for how she did her official work, but it dismissed this complaint against a prosecutor because an honest mistake in dismissing a case is not gross ignorance of the law.
  7. 07G.R. 240517Civil Service Commission and Paquito N. Ochoa, Jr., Executive Secretary v. Jerik Roderick v. Jacoba Jerik Roderick v. Jacoba Vs. Civil Service Commission and Paquito N. Ochoa, Jr., Executive SecretaryA government lawyer who was dismissed for hiding missing case records in his own locked cabinet stays dismissed, because the evidence against him was enough for an administrative case.
  8. 08G.R. 246126Patricia Marie I. Ranada, Mara Alyssabel D. Cepeda, Raymon G. Dullana, Franklin y. Cimatu, Mauricio E. Victa, Camille Kristina S. Elemia, Ralph Martin S. Rivas, Baltazar Espinosa Lagsa and Rappler, Inc. Dr. Florangel Braid, Melinda Quintos de Jesus, Ceres Doyo, John Nery, Solita Monsod, Ma. Salvacion "Inday" Varona, Marlon Ramos, Vergel Santos, Lourd Ernest de Veyra, Joselito Delos Reyes, Muriel "Twink" Macaraig, Nikolette Kristine Nonna "Nikko" Dizon, and Other Journalists and Media Practitioners Listed in Annex a-in-Intervention, Bartholome T. Guingona, Ana Theresa P. Santos, Michelle D.l. Abad, Jose Francisco M. Luna, Mikaela Andrea R. Garcia, Merinette a. Retona, Jennina Marie M. Mora, Raneza E. Pinlac, Andrew Daniel H. Mencilas, Gillian N. Villanueva, Phoebe C. Salvador, Sherwin G. de Vera, Angelo a.m. Silva, Armin Rey P. Adina, Odina E. Batnag, Ma. Anna Margarita v. Bueno, Angel S. Averia, Jr., Maria Lourdes M. Jimenez, Edna O. Aquino, Antonio Tiamson, Noemi L. Dado, Maria Loreto P. Roces, and Marlon Anthony Tonson-in-Intervention, Pagbabago@pilipinas Foundation, Inc.-in-Intervention, Vs. Office of the President, Office of the Executive Secretary, Presidential Communications Operations Office, Media Accreditation Registration Office, and Presidential Security GroupThe Supreme Court dismissed Rappler's petition against the ban on its journalists at presidential events without ruling on press freedom, because the case had become moot and involved disputed facts.
  9. 09G.R. 182734Bayan Muna Party-List Representatives Satur C. Ocampo and Teodoro a. Casiño, Anakpawis Representative Crispin B. Beltran, Gabriela Women'S Party Representatives Liza L. Maza and Luzviminda C. Ilagan, Rep. Lorenzo R. Tañada III, and Rep. Teofisto L. Guingona III v. President Gloria Macapagal-­arroyo, Executive Secretary Eduardo R. Ermita, Secretary of the Department of Foreign Affairs, Secretary of the Department of Energy, Philippine National Oil Company, and Philippine National Oil Company Exploration CorporationThe Supreme Court refused to reverse its ruling that a 2005 oil-and-gas survey deal with Chinese and Vietnamese state companies in the South China Sea broke the Constitution.
  10. 10A.M. P-14-3244* Office of the Court Administrator v. Ms. Fe R. Arcega, Clerk of Court II, Municipal Circuit Trial Court, Moncada-San Manuel-Anao, TarlacA court clerk who fails to deposit court collections on time, keeps no proper reports and uses court money for personal needs is dismissed from government service.
  11. 11G.R. 256060-61Poro Exim Corporation, Represented by Jaime Vicente v. Office of the Ombudsman and Felix S. RacadioThe Ombudsman can investigate officials of government-owned corporations even if the corporation was created under the Corporation Code and has no special charter.
  12. 12G.R. 255038Manila Electric Company (Meralco) v. Lucy Yu, Represented by Her Attorney-in-Fact, Dennis EncarnacdonAn electric company that suspects meter tampering must give the customer a written notice at least 48 hours before cutting power, and a notice given the same day is not enough.
  13. 13G.R. 265373Province of Maguindanao del Norte, Represented by Its Governor Fatima Ainee Limbona Sinsuat v. Bureau of Local Government Finance, Regional Office No. Xii, Represented by Its Acting Regional Director June Ann C. Abella, Bureau of Local Government Finance, Central Office, Represented by Oic Executive Director Ma. Pamela Quizon, Ministry of Interior and Local Government, Represented by Minister Naguib Sinarimbo, Bangsamoro Autonomous Region in Muslim MindanaoA new province created by plebiscite cannot be left without officials, so the vice governor and next ranking board member of the mother province validly serve as its acting governor and vice governor, and the finance bureau must process its treasurer's appointment.
  14. 14G.R. 260823People of the Philippines v. Rizalina Janario Gumba a.k.a. "Mommy Riza" and Gloria Bueno Rellama a.k.a. "Mommy Glo,"People who offer or provide minors for paid sex are guilty of qualified human trafficking even if no sex has yet taken place when they are arrested.
  15. 15G.R. 231395Afp Retirement and Separation Benefits System (Afp-Rsbs) v. Plastic King Industrial Corp. and Merlen Agabin and Atty. Nilo J. Flaviano , Substituted by His Heirs, Namely, Johanna Flaviano, Carlito Flaviano, Jr. , Nelia Flaviano and Letecia FlavianoA buyer who learns of an earlier sale before it registers its own purchase is not a buyer in good faith, and its titles can be cancelled in favor of the first buyer.
  16. 16G.R. 246081Ignacio Balicanta III y Cuarto v. People of the PhilippinesA gun found by opening a man's bag during a traffic stop cannot be used against him when the search was not legally justified and the police did not properly handle the evidence.
  17. 17G.R. 231145Social Security System v. Hon. Gina M. Bibat-Palamos, in Her Capacity as Acting Presiding Judge of Branch 108, Regional Trial Court of Pasay City, and the National Grid Corporation of the PhilippinesThe Court dismissed the Social Security System's challenge to a writ of possession because the underlying expropriation case had been withdrawn, leaving nothing to decide.
  18. 18G.R. 205074Joel Cordero, Carolina Ramos, Estrella Reyes, Represented Herein by Her Heir, Napoleon Damayo, Jr., a.k.a. "Jun Damayo," Brenda Villafuerte, Antonio Ulat, Carlos Paquera, Carolina Paquera, Elsa Sanchez, Maria Lorna a. Loos, Bernardo Villagracia, Represented Herein by His Heir, Joel Villagracia, Rebecca Tejero, Eulalia Jaron, Shirley Ulat, and Marie Alba Josephine Santianes v. Gutierrez Development Co., Inc.,* Joel Cordero, Carolina Ramos, Estrella Reyes, Represented Herein by Her Heir, Napoleon Damayo, Jr., a.k.a. "Jun Damayo," Brenda Villafuerte, Antonio Ulat, Carlos Paquera, Carolina Paquera, Elsa Sanchez, Maria Lorna a. Loos, Bernardo Villagracia, Represented Herein by His Heir, Joel Villagracia, Rebecca Tejero, Eulalia Jaron, Shirley Ulat, and Marie Alba Josephine Santianes Vs. Gutierrez Development Corporation, IncOnce a court's judgment has become final, the winner is entitled to have it enforced, and the court's order to enforce it cannot be challenged as an abuse of discretion.
  19. 19G.R. 234203The Heirs of Loreto San Jose Ferrer, Namely, Roberto B. Ferrer, Melchor B. Ferrer, Arturo B. Ferrer, Maria Angelita B. Ferrer, Charito B. Ferrer, and Owen Brian B. Ferrer v. Rosita San Jose FerrerA trial court cannot hand over the whole enforcement of its final judgment to a probate court when part of the properties does not belong to the dead person's estate.
  20. 20G.R. 243864Integrated Supervisors Union-Apsoteu-Tucp and Emmanuel Baltazar v. Lapanday Foods CorporationAn employer cannot fire a worker on a vague first notice and mere suspicion of theft; without a detailed charge and real evidence, the dismissal is illegal.
  21. 21G.R. 234660Spouses Magdalino Gabun and Carol Gabun, Nora a. Lopez, and Marcelino Alfonso v. Winston Clark Stolk, SrIn a custody fight over a child, the child's best interest comes first, and a father's proven biological link alone does not entitle him to custody of a child born outside marriage whose mother has died.
  22. 22G.R. 245857Angelito S. Magno v. Career Philippines Shipmanagement, Inc., Columbia Shipmanagement, Ltd., and Verlou CarmelinoIf the company doctor never properly gives a seafarer a final disability assessment, the seafarer's disability is treated as permanent and total by law.
  23. 23G.R. 218008In the Matter of Petition for the Judicial Recognition of a Divorce Decree Obtained in the State of Nevada, U.s.a., Maria Josephine Praxedes Octaviano v. Karl Heinz Ruthe and Lisa Grace S. Bernales, Civil Registrar GeneralA Filipino who obtains a divorce abroad from a foreign spouse can ask Philippine courts to recognize it, even though the Filipino was the one who filed for the divorce.
  24. 24G.R. 261049Xxx261049 v. People of the PhilippinesA person can be convicted of secretly videoing others in a bathroom based on circumstantial evidence alone, as long as the proven circumstances together point to him beyond reasonable doubt.
  25. 25G.R. 253069Republic of the Philippines, Represented by the Toll Regulatory Board (Trb) v. Spouses Roberto and Rosemarie Roxas and Export and Industry BankThe Supreme Court will not re-weigh evidence on the price of expropriated land, so the trial court's valuation stands, but the government must pay interest on the unpaid balance from the time it took the property.
  26. 26G.R. 260990People of the Philippines v. Anthony David y Matawaran@ "Anto"A drug conviction cannot stand when police break the rules for handling seized drugs, such as pocketing unmarked sachets, because the court can no longer be sure the drugs presented are the ones taken from the accused.
  27. 27A.C. 13229Spouses William Thomas and Marife Yukot Niles v. Atty. Casiano S. Retardo, JrA lawyer who advises a client, drafts and notarizes documents for them, and hides his ties to the other side represents conflicting interests, and he cannot escape by saying he was only a notary.
  28. 28A.C. 13287(Formerly Cbd No. 18-5753) Flordelina Ascaño v. Atty. Mario v. PanemA notary public who notarizes a deed without the signer present, accepts a community tax certificate as ID, and then makes untrue statements in court papers to cover up can be suspended, lose notarial powers and pay a fine.
  29. 29G.R. 227706People of the Philippines v. Allan Almayda y Selfides and Homero Quiogue y AdornadoWhen police do a drug inventory somewhere other than the place of arrest without giving any reason, the case against the accused fails and they must be acquitted.
  30. 30A.C. 13548Celia D. Mendoza v. Atty. Cesar R. Santiago, JrA lawyer who notarizes two deeds of sale for the same land with different prices, to reduce the taxes his client pays, is suspended for two years and loses his notarial commission.
  31. 31G.R. 254395Davao del Norte Electric Cooperative, Represented by Maria Teresa M. David v. Heirs of Victorino LucasAn electric cooperative whose low-hanging wire causes a fatal accident is presumed negligent and must pay damages unless it proves it took proper care.
  32. 32G.R. 256612Rita Quizon-Arciga and Relia Q. Arciga v. Jaycee P. BaluyutA party who takes part in a whole case, loses, and raises lack of jurisdiction only years later is barred by estoppel from attacking the court's jurisdiction.
  33. 33G.R. 256924Spouses Fortunato G. Veloso* and Adeline C. Veloso v. Banco de Oro Unibank, Inc., Clerk of Court and Ex-Officio Sheriff and John DoeA case asking to cancel a mortgage and foreclosure sale is really about who owns the property, so the complaint must state the property's assessed value or it will be dismissed for lack of jurisdiction.
  34. 34G.R. 255001Heirs of Leopoldo Esteban, Sr., Represented Herein by Leopoldo Esteban, Jr. v. Lynda Lim LlagunoWhen one co-owner leases the whole co-owned property without the others' consent, the lease is valid only up to that co-owner's share, and the other co-owners cannot evict the tenant before the property is divided.
  35. 35G.R. 261970People of the Philippines v. Dioni Miranda y Pareña, a.k.a. "Abe"A man who raped a seven-year-old girl is guilty of statutory rape, but he cannot be punished more heavily for being a stepfather or guardian when the facts did not show that relationship, and extra circumstances not properly charged cannot be counted.
  36. 36G.R. 234614Oceanagold (Philippines), Inc. v. Commissioner of Internal RevenueThe tax court should not have thrown out a mining company's whole case over seized copper concentrates, because the rule requiring taxpayers to use administrative remedies first was relaxed in this case.
  37. 37G.R. 262488Department of Finance-Revenue Integrity Protection Service, Represented by Jesus S. Bueno and Reynalito L. Lazaro v. Office of the Ombudsman and Christopher L. Patricio, Customs Operations Officer II, Bureau of CustomsThe Ombudsman wrongly threw out a charge that a customs officer failed to declare properties in his asset statements for 2010 to 2016, but the other charges against him could not stand.
  38. 38G.R. 251741People of the Philippines v. Chris John Custodio y Argote a.k.a. "Bolongkoy"A man convicted in a drug buy-bust was acquitted because the police counted and photographed the seized drugs at their office instead of at the arrest site and gave no reason for it.
  39. 39G.R. 217064-65Naomi Lourdes a. Herrera v. Sandiganbayan of the PhilippinesA government employee who signed a bids committee resolution only as a substitute for her absent superior, without any duty to prepare it and without bad intent, cannot be convicted of falsification.
  40. 40G.R. 259354National Press Club of the Philippines, Automated Election System Watch, and Guardians Brotherhood, Inc. v. Commission on ElectionsThe Court dismissed a petition for more election transparency because the 2022 elections were already over, but it spelled out what the Commission on Elections (COMELEC) must and need not open to watchers and the public.
  41. 41G.R. 184635Initiatives for Dialogue and Empowerment Through Alternative Legal Services, Inc. (Ideals, Inc.), Represented by Its Executive Director, Mr. Edgardo Ligon, Alliance of Progressive Labor (Apl), Represented by Its Chairperson, Daniel L. Edralin, Ecological Waste Coalition of the Philippines, Inc., Represented by Its President/executive Director, Riedo Panaligan; Mother Earth Foundation, Represented by Its President, Marietta Marciano; Concerned Citizens Against Pollution, Represented by Its President, Renato D. Pineda, Jr.; Ngos for Fisheries Reform, Represented by Its Executive Director, Dennis F. Calvan; Kilusan Para Sa Pagpapaunlad Ng Industriya Ng Pangisdaan, Represented by Its Executive Committee Member, Pablo R. Rosales, Jr.; Ana Theresia Hontiveros-Baraquel, as the Duly Elected Representative of the Akbayan Citizens' Action Party; and Philippine Workers Alliance, Represented by Its President Francisco P. Mero, v. the Senate of the Philippines, Represented by Senators Who Cast a Vote of Concurrence for the Jpepa, Namely: Manuel Villar, Hon. Miriam Defensor-Santiago, Mar Roxas, Edgardo Angara, Rodolfo Biazon, Alan Peter Cayetano, Jose 'Jinggoy' Estrada, Juan Ponce Enrile, Richard Gordon, Gregorio B. Honasan II, Panfilo Lacson, Manuel Lapid, Loren Legarda, Francis Pangilinan, Ramon Revilla, Jr., Juan Miguel Zubiri; the Secretary of Trade and Industry; the Secretary of Foreign Affairs; the Executive Secretary; the Secretary of Finance; and the Commissioner of Bureau of Customs G.r. No. 185366 Fair Trade Alliance, Automative Industry Workers Alliance, Congressman Lorenzo Tañada III, Congressman del R. de Guzman, Congressman Carlos M. Padilla, Congressman Alfonso v. Umali, Jovito R. Salonga and Teofisto Guingona, Jr. Vs. the Senate of the Philippines, Represented Senators Who Voted in Favor of Jpepa, Namely: Hon. Edgardo Angara, Hon. Rodolfo Biazon, Hon. Alan Peter Cayetano, Hon. Jinggoy Ejercito Estrada, Hon. Richard Gordon, Hon. Gregorio Honasan II, Hon. Panfilo Lacson, Hon. Lito Lapid, Hon. Loren Legarda, Hon. Francis Pangilinan, Hon. Ramon Revilla, Hon. Mar Roxas, Hon. Miriam Defensor-Santiago, Hon. Manuel Villar, Hon. Miguel Zubiri; Hon. Eduardo R. Ermita, in His Official Capacity as Executive Secretary; Hon. Alberto G. Romulo, in His Official Capacity as Secretary of Foreign Affairs; Hon. Peter B. Favila, in His Official Capacity as Secretary of Trade and Industry; Hon. Rolando G. Andaya, in His Official Capacity as Secretary of Budget and Management; Hon. Thomas G. Aquino, in His Official Capacity as Undersecretary of Trade and Industry and Chair of the Philippine Coordinating Committee for the JpepaThe Supreme Court upheld the Japan-Philippines Economic Partnership Agreement (JPEPA), finding that it protects the Constitution's limits on foreign ownership and does not violate the laws and rights the petitioners cited.
  42. 42G.R. 258159Efraim C. Genuino v. Commission on Audit (COA), Commission Proper, Office of the Director, Corporate Government Sector, Cluster 6, Represented by Director Joseph B. Anacay, and Office of the Supervising Auditor, Represented by Belen B. Ladines, in Her Capacity as COA Supervising Auditor - Philippine Amusement and Gaming CorporationThe Court upheld the Commission on Audit's disallowance of PAGCOR donations for street improvements in a private subdivision and held the former PAGCOR chairman liable, sending the case back to fix the amount he must return.
  43. 43G.R. 259850Kilusan Ng Mamamayan Para Sa Matuwid Na Bayan, a Coalition of Corporate Entities Duly Registered With the Securities and Exchange Commission, Which Are Herein as Well, Namely, Capitol Christian Leadership; Buklod Pamilya Incorporated; Kmp, Koalisyong Pangkaunlaran Ng Mamamayan; and Knk, Anak Ng Diyos Kadugo Ni Kristo, and Jose Lagunsad Gonzales, Vicente Alejo Macatangay, Jr., Sharon Faith Samaco Paquiz, Nelson Java Celis, Melchor Gruela Magdamo, Rodrigo G. Cornejo, and Melanio Lazo Mauricio, Jr. v. Commission on Elections (COMELEC), RespondentThe Court dismissed a petition asking it to force COMELEC to issue election automation rules after public consultation, because the petition had serious procedural defects and did not prove the rules were missing.
  44. 44G.R. 223865Silahis International Hotel, Inc. v. Court of Appeals and Pacific Wide Holdings, Inc. Silahis International Hotel, Inc. Vs. Commission on Audit, Philippine Amusement and Gaming Corporation, and Pacific Wide Holdings, IncA new owner who bought the leased property later is not an indispensable party to a lease dispute, and a final judgment cannot be voided for that reason; the money claim now goes to the Commission on Audit.
  45. 45G.R. 253043Philippine Health Insurance Corporation v. Commission on AuditPhilHealth could not create a new corporate secretary position and pay its holder without following the rules on position classification and pay, so the payments were disallowed, though no one ended up having to refund them.
  46. 46G.R. 257427Florida P. Robes v. Commission on ElectionsA city that has its own congressional district also gets its own seats in the provincial board, so San Jose Del Monte must have two Sangguniang Panlalawigan seats of its own.