October 2023

43decisions
  1. 01G.R. 260361Pedro Viernes, Substituted by His Surviving Widow and Co- Josephine B. Viernes, and His Surviving Children, Namely, Darlina v. Pangan, Divina v. Bueno, and Donald B. Viernes Vs. Pines Commercial Corporation, Represented by Its Administrator Atty. Marissa Madrid-DacayananA court decision that only dismisses a case because the plaintiff had no authority to sue does not decide who owns the land, so it cannot be enforced by a writ placing the registered title holders in possession.
  2. 02G.R. 268176Invictus Food Products Corporation, Romulo H. Espiritu, Ma. Rowena E. Manaloto, Jayson Romell M. Espiritu, and Shara Lee R. Espiritu v. Sandpiper Spices & Condiments CorpA court order granting summary judgment that declares who is liable is a final judgment that must be appealed, and it is proper when the losing side offers only general denials instead of real evidence.
  3. 03G.R. 258054People of the Philippines v. Xxx258054A child abuse victim's out-of-court statements can convict her abuser even when she cannot testify because she was kept away from court, as long as other evidence backs them up.
  4. 04G.R. 269249In the Matter of the Issuance of the Writ of Amparo and Habeas Data for Jonila F. Castro and Jhed Reiyana C. Tamano and Their Families, Jonila F. Castro and Jhed Reiyana C. Tamano v. Lieutenant Colonel Ronnel B. dela Cruz and Members of the 70th Infantry Battalion of the Philippine Army, Police Captain Carlito Buco and Members of the Philippine National Police, Bataan, National Security Council Assistant Director General Jonathan Malaya, National Task Force to End Local Communist Armed Conflict (Ntf­ Elcac), and All Others Acting Under Their Direction, Instructions, and OrdersThe Supreme Court issued the writs of amparo and habeas data to two environmental activists who said soldiers abducted them, and ordered protection for them right away.
  5. 05G.R. 253940Belinda D.r. Dolera v. Social Security SystemA widow cannot be denied her late husband's disability survivorship pension just because they married after he became disabled, because that rule is unconstitutional.
  6. 06G.R. 258557Pedro de Belen and Bejan* Mora Semilla v. Virginia Gebe FuchsA jeepney owner who rides in his own vehicle is answerable together with his driver for a crash caused by the driver's negligence, unless he proves he could not have prevented it even with due diligence.
  7. 07G.R. 254646Aiko Yokogawa-Tan v. Jonnell Tan and the Republic of the PhilippinesA spouse's cheating can be a ground for legal separation and, at the same time, a sign of psychological incapacity that makes a marriage void.
  8. 08G.R. 253993Rahnill Buhian Zamora v. Lourdes Magsalay-Zamora and the Republic of the PhilippinesA court cannot throw out a petition to annul a marriage for psychological incapacity just because the psychologist's written report was not formally offered, since the case is decided on all the evidence.
  9. 09G.R. 262122Rowena B. Plasan v. People of the PhilippinesPublicly saying humiliating things about a 16-year-old girl's body and virginity can be punished as child abuse under Republic Act No. 7610 as psychological abuse, even if the acts could also fall under the Revised Penal Code.
  10. 10G.R. 244737Andre Charles Nagel v. the Board of Commissioners, Bureau of ImmigrationA foreigner ordered deported as an undesirable alien must first exhaust the available administrative remedies before going to the Court of Appeals, unless he proves a recognized exception.
  11. 11G.R. 244724Roque T. Tabaosares v. Barko International, Inc., and/or Azalea U.t. Corp., and/or Captain Fernando J. AlanoA seafarer who skips a scheduled re-evaluation by the company doctor before the 240-day treatment period ends cannot claim total and permanent disability benefits.
  12. 12G.R. 254881People of the Philippines v. Rafael Rey Malate @ "Ar-Ar"A single, continuous attack cannot be split into stages to say it was treacherous, so a killing that began in the heat of an argument is homicide, not murder, unless treachery was present at the start.
  13. 13G.R. 263278People of the Philippines v. Rommel Jimenez y DecenaA murder conviction cannot stand when the only eyewitness's identification of the accused is unreliable, because the presumption of innocence outweighs an uncertain identification.
  14. 14G.R. 256468People of the Philippines v. Arvi Villa y GarciaA shooting victim's wounds must be proven to be fatal by medical evidence before the shooter can be convicted of frustrated murder, and a claim of insanity needs medical proof.
  15. 15G.R. 259511Nhorkayam Tumog y Cajatol v. People of the PhilippinesA person found holding recently stolen items is presumed to be the thief unless he explains it, but the Court deleted the money award because the items had already been returned.
  16. 16G.R. 257136Mary Ann D. Domingo v. Office of the Deputy Ombudsman for Military and Other Law Enforcement Offices (Moleo), Plt. Col. Ali Jose a. Duterte, Pmaj. Jonathan Victor M. Olveña, Pmaj. Timothy B. Aniway, Jr., Pssg Reymel a. Villanueva, Pssg John Cezar S. Mendoza, Psms Joel J. Saludes, Pssg Harold Jake a. dela Rosa, Pcpl. Arnel de Guzman, Pcpl. Johnston Alacre, Pmsg. Virgilio Cervantes, Pcpl. Artemio Saguros, Jr., Pat. Carlo Miguel Daniel, Pat. Randy Chua, Pat. Ruby Dumaguing, Psms. Alberto Sucgang, Pssg. Richard Ramos, Pcpl. Orland Lucky Boy de Leon, Pmaj. Avelino U. Andaya, Pssg. Edgar L. Manapat, Pat. Aldrin Matthew a. Matining, Harlem RamosThe Court will not overturn the Ombudsman's choice to charge police officers with homicide instead of murder unless it was arbitrary, and police being armed and numerous in an operation does not by itself make a killing murder.
  17. 17G.R. 258524Berteni Cataluña Causing v. People of the Philippines, Regional Trial Court of Quezon City, Branch 93, Office of the City Prosecutor of Quezon City, and Representative Ferdinand Ledesma Hernandez of the Second District of South CotabatoCyber libel must be filed within one year from when the offended party, the authorities or their agents discovered it, not within 15 years, and the Court abandoned its earlier Tolentino ruling.
  18. 18G.R. 262686People of the Philippines v. Gerald Flores y Alagdon, Harrold Francisco y Gabat a.k.a. "Punonoy", and Louie Truelen y GrezolaIn drug cases, police must prove that the required witnesses were really present at the inventory of the seized drugs, and that proof is missing, the accused must be acquitted.
  19. 19G.R. 203386Metropolitan Manila Development Authority (Mmda) v. Diamond Motor CorporationThe MMDA cannot force a private landowner to give up a ten-meter strip along a river for a flood-control maintenance road, because no law gives it the power to take private property and it did not prove the strip was necessary.
  20. 20G.R. 254886People of the Philippines v. Robert G. Lala, Pureza a. Fernandez, Agustinito P. Hermoso and Gerardo S. SurlaGovernment officials who break procurement rules are not automatically guilty of graft; the prosecution must also prove they acted with corrupt intent.
  21. 21G.R. 261134People of the Philippines v. Anabelle Yamson y Montero a.k.a. "Mommy Janice," and Randy Tacda y Huelar a.k.a. "Biboy,"A bar floor manager who hired minors as guest relations officers and offered them to customers for sex is guilty of qualified trafficking in persons, and a waiter who knowingly helped is guilty as an accomplice.
  22. 22G.R. 254978-79Department of Trade and Industry v. Toyota Balintawak, Inc. and Toyota Motor Phils. CorpSomeone who buys a brand new car with a defect may choose to use the Lemon Law (R.A. 10642), the Consumer Act (R.A. 7394) or another law, because the Lemon Law is an alternative remedy and not the only one.
  23. 23A.M. RTJ-20-2579(Formerly a.m. No. 20-06-75 RTC) Office of the Court Administrator v. Judge Edralin C. Reyes, Presiding Judge, Branch 43, Regional Trial Court, Roxas City, Oriental MindoroThe Supreme Court dismissed a trial court judge from the service for asking for bribes from lawyers and litigants, and held that his messages found on a court-issued laptop could be used against him.
  24. 24A.M. CA-24-002-P(Formerly Jib Fpi No. 22-016-CA-P) Court of Appeals v. Rommel P. Labitoria, Clerk II, Judicial Records Division, Court of AppealsA court employee who tests positive for illegal drugs is guilty of a serious offense, but the Court may impose suspension instead of dismissal when there are mitigating circumstances such as a first offense, long service and completed rehabilitation.
  25. 25G.R. 258805St. Anthony College of Roxas City, Inc., Represented by Sister Geraldine J. Denoga, D.c., Dr. Pilita de Jesus Liceralde, and Dr. Anton Mari Hao Lim v. Commission on Elections, Represented by the Acting Chairperson Commissioner Socorro B. Inting, and COMELEC Director James Arthur B. Jimenez in His Official Capacity as Spokesperson of the COMELEC and as Director IV of the COMELEC Department for Education and InformationThe COMELEC cannot remove or destroy privately owned election posters and tarpaulins displayed on private property, because its size limits cover candidates and political parties, not private persons.
  26. 26G.R. 216838-39Janet Lim Napoles v. Hon. Conchita Carpio Morales in Her Capacity as Ombudsman, People of the Philippines, and Sandiganbayan John Raymund de Asis Vs. Hon. Conchita Carpio Morales in Her Capacity as Ombudsman, People of the Philippines, and Sandiganbayan Alan a. Javellana Vs. the Office of the Ombudsman, National Bureau of Investigation, and Atty. Levito BaligodThe Supreme Court refused to stop the PDAF (pork barrel) scam cases against Janet Lim Napoles, John Raymund De Asis and Alan A. Javellana, because the Ombudsman had enough basis to find probable cause and send them to trial.
  27. 27G.R. 246231Allan de Vera y Ante v. People of the PhilippinesOn reconsideration, the Supreme Court acquitted a man of child abuse because the prosecution did not prove beyond reasonable doubt what he did, how seriously it harmed the girl, or that he meant to degrade her.
  28. 28G.R. 233461Vicente Atlas R. Catalan and Maryrose T. Diaz v. Cristina B. Bombaes G.r. No. 233681 Ma. Kristel B. Aguirre Vs. Cristina B. BombaesA buyer of titled land cannot claim to be a buyer in good faith if the facts around her should have made her suspicious about the seller, even when the title looked clean.
  29. 29G.R. 263603People of the Philippines v. Eul Vincent O. RodriguezPolice who set up a sting against someone already offering minors for sexual shows are conducting a valid entrapment, not instigation, so the accused's conviction for qualified trafficking stands.
  30. 30G.R. 255087People of the Philippines v. Adelberto Federico Yap, Sigfredo v. Dublin, Veronica S. Ordoñez, Ma. Venus B. Casas, and Marlon E. BarilloGovernment officials cannot be convicted of graft for acts that are not stated in the charge, and a procurement irregularity is not graft unless bad faith or gross negligence and real injury are proven.
  31. 31A.C. 13550Ariel Conducto Castillo v. Atty. Restituto S. MendozaA lawyer who writes a demand letter to protect his clients' share in an unsettled estate is not guilty of deceit just because the estate has no administrator yet.
  32. 32G.R. 265553Leo G. Trimor v. Blokie Builders and Trading Corporation and Filamer Amado P. BulaoA construction worker is presumed to be a regular employee, and an employer who says he is a project employee must prove he was told the project and its duration when he was hired, so a project contract signed more than two months after work began does not cut it.
  33. 33G.R. 246531Benedict Princer San Juan v. Regus Service Centre Philippines B.vA manager can be validly fired for losing the employer's trust when his drunken, improper conduct at a company team building and his behavior afterward during the investigation gave the company a basis to no longer trust him.
  34. 34G.R. 261171Commissioner of Internal Revenue v. Bw Shipping Philippines, IncA Philippine manning agency that recruits crew for foreign shipping companies can get a refund of its unused input VAT, because its foreign clients were not shown to be doing business in the Philippines.
  35. 35G.R. 256868People of the Philippines v. Corazon C. GernaleA tax assessment based only on a BIR letter notice, with no letter of authority, is void, and a corporate officer cannot be made personally liable for the corporation's unpaid taxes.
  36. 36A.C. 13557Dominador C. Fonacier v. Atty. Gregorio E. MaunahanA lawyer who notarizes a document without checking the signer's identity with proper ID, and who does not record it in his notarial register, can be suspended and fined even if he acted without intent to cheat.
  37. 37G.R. 195837Republic of the Philippines v. Honorable Sandiganbayan, 5th Division, Don Ferry, and Cesar Zalamea Republic of the Philippines Vs. Sandiganbayan, 5th Division, Lucio C. Tan, Estate of Ferdinand E. Marcos (Represented by Imelda R. Marcos, Imee M. Manotoc, Irene M. Araneta, and Ferdinand R. Marcos, Jr.), Imelda R. Marcos, Carmen Khao Tan, Florencio T. Santos, Natividad P. Santos, Domingo Chua, Tan Hui Nee, Mariano Tan Eng Lian, Estate of Benito Tan Kee, Hiong (Represented by Tarciana C. Tan), Florencio N. Santos, Jr., Harry C. Tan, Tan Eng Chan, Chung Poe Kee, Mariano Khoo, Manuel Khoo, Miguel Khoo, Jamie Khoo, Elizabeth Khoo, Celso C. Ranola, William T. Wong, Ernesto B. Lim, Benjamin T. Albacita, Don Ferry, Willy Co, Federico Moreno, Panfilo O. Domingo, Heirs of Gregorio Licaros, Cesar Zalamea, Shareholdings, Inc., Allied Banking Corp., Foremost Farms Inc., Fortune Tobacco Corp., Maranaw Hotels and Resorts Corp., Virginia Tobacco Redrying Plant, Northern Tobacco Redrying Plant, Asia Brewery Inc., Sipalay Trading Corp., Himmel Industries, Grandspan Development Corp., Basic Holdings Corp., Progressive Farms, Inc., Manufacturing Services and Trade Corp., Allied Leasing & Finance Corp. Jewel Holdings Inc., Iris Holdings and Development Corp., and Virgo Holdings and Development Corp. Republic of the Philippines Vs. Sandiganbayan 5th Division, Lucio C. Tan, Estate of Ferdinand E. Marcos (Represented by Imelda R. Marcos, Imee M. Manotoc, Irene M. Araneta, and Ferdinand R. Marcos, Jr.), Imelda R. Marcos, Carmen Khao Tan, Florencio T. Santos, Natividad P. Santos, Domingo Chua, Tan Hui Nee, Mariano Tan Eng Lian, Estate of Benito Tan Kee Hiong (Represented by Tarciana C. Tan), Florencio N. Santos, Jr., Harry C. Tan, Tan Eng Chan, Chung Poe Kee, Mariano Khoo, Manuel Khoo, Miguel Khoo, Jamie Khoo, Elizabeth Khoo, Celso C. Ranola, William T. Wong, Ernesto B. Lim, Benjamin T. Albacita, Don Ferry, Willy Co, Federico Moreno, Panfilo O. Domingo, Heirs of Gregorio Licaros, Cesar Zalamea, Shareholdings Inc., Allied Banking Corp., Foremost Farms Inc., Fortune Tobacco Corp., Maranaw Hotels and Resorts Corp., Virginia Tobacco Redrying Plant, Northern Tobacco Redrying Plant, Asia Brewery Inc., Sipalay Trading Corp., Himmel Industries, Grandspan Development Corp., Basic Holdings Corp., Progressive Farms, Inc., Manufacturing Services and Trade Corp., Allied Leasing & Finance Corp., Jewel Holdings Inc., Iris Holdings and Development Corp., and Virgo Holdings and Development Corp. Republic of the Philippines Vs. Sandiganbayan 5th Division, Lucio C. Tan, Estate of Ferdinand E. Marcos (Represented by Imelda R. Marcos, Imee M. Manotoc, Irene M. Araneta, and Ferdinand R. Marcos, Jr.), Imelda R. Marcos, Carmen Khao Tan, Florencio T. Santos, Natividad P. Santos, Domingo Chua, Tan Hui Nee, Mariano Tan Eng Lian, Estate of Benito Tan Kee Hiong (Represented by Tarciana C. Tan), Florencio N. Santos, Jr., Harry C. Tan, Tan Eng Chan, Chung Poe Kee, Mariano Khoo, Manuel Khoo, Miguel Khoo, Jamie Khoo, Elizabeth Khoo, Celso C. Ranola, William T. Wong, Ernesto B. Lim, Benjamin T. Albacita, Don Ferry, Willy Co, Federico Moreno, Panfilo O. Domingo, Heirs of Gregorio Licaros, Cesar Zalamea, Shareholdings Inc., Allied Banking Corp., Foremost Farms Inc., Fortune Tobacco Corp., Maranaw Hotels and Resorts Corp., Virginia Tobacco Redrying Plant, Northern Tobacco Redrying Plant, Asia Brewery Inc., Sipalay Trading Corp., Himmel Industries, Grandspan Developlvient Corp., Basic Holdings Corp., Progressive Farms, Inc., Manufacturing Services and Trade Corp., Allied Leasing & Finance Corp., Jewel Holdings Inc., Iris Holdings and Development Corp., and Virgo Holdings and Development CorpThe Republic lost its long-running case to recover alleged ill-gotten wealth from Lucio Tan and the Marcoses because its key evidence was hearsay or inadmissible and it did not prove that undue advantage of office was used to acquire the assets.
  38. 38G.R. 185184Metropolitan Waterworks and Sewerage System, Represented by Its Administrator, Diosdado Jose M. Allado v. Provincial Government of Bulacan, Represented by Gov. Josefina M. dela CruzThe Province of Bulacan cannot make MWSS pay a national wealth share for water stored in Angat Dam, because dam water is already taken from its natural source and MWSS is not engaged in utilizing and developing national wealth for profit.
  39. 39A.M. P-22-057(Formerly Oca Ipi No. 20-4993-P) Eva Krissel Caparos v. Debhem E. Fajardo, Stenographer III, Branch 170, Regional Trial Court, Malabon CityA court employee who takes money from a litigant, even on a promise to speed up a case, is guilty of gross misconduct and is dismissed from service.
  40. 40G.R. 262664Manuel Lopez Bason v. People of the Philippines, Represented by the Office of the Solicitor GeneralA judge may approve a drug suspect's plea bargain even if the prosecutor objects, but only after checking the accused's character and the strength of the evidence, and a drug dependency test is not required before approval.
  41. 41A.M. P-12-3098(Formerly Oca Ipi No. 11-3704-P) Reynaldo M. Solema v. Ma. Consuelo Joie Almeda-Fajardo, Sheriff IV, Branch 93, Regional Trial Court, San Pedro, LagunaA court sheriff who takes money directly from a party for the costs of enforcing a court order, and releases a seized vehicle without following the rules, commits gross misconduct and dishonesty.
  42. 42G.R. 261280Incumbent and Former Employees of the National Economic and Development Authority (Neda) Regional Office (Ro) Xiii: dela Calzada, Michelle P., Cardona-Ato, Elvie, Batincila, Glenn B., Berido, Jazmin D., Caduyac, Fides Joy a., Calamba, Mary Jean G., Cariño, Mylah Faye Aurora B., Castillon, Mitchell C., Gidacan, Emmanuel Z., Harting, Graziella C., Jaquilmac, Ann B., Lariba, Elsie E., Maur, Melanie a., Mendez, Rhea Mae C., Miculob, Ian G., Mission, Naomi T., Neisler, Anna Loraine M., Olam, Gemima a., Paradiang, Eddie B. Tener, Renante O.; Torralba, April Kristine G., Torotoro, Shirley C., Verdun, Sherwin E., and Villanueva, Francisco Romulus C., v. Commission on Audit, Chairperson Michael G. Aguinaldo, Commissioner Rolando C. Pondoc, the Regional Director COA Regional Office Caraga the Cluster Director, Cluster 2 — Legislative and Oversight, National Government SectorThe Commission on Audit cannot, on its own, undo a final ruling that excused certain employees from refunding disallowed benefits just because the officers who approved the benefits asked for reconsideration.
  43. 43A.C. 13911Joy Cadiogan Calixto v. Atty. Cora Jane P. Baleros Rimas Gawigaen Calixto Vs. Atty. Cora Jane P. BalerosA notary public lawyer who notarizes a document without the signer present gets suspended and loses the right to be a notary, and if her whereabouts are unknown, her suspension starts when the decision is delivered to her address on record with the IBP.