January 2024
36decisions- 01G.R. 260434Now Telecom Company, Inc. v. National Telecommunications CommissionA telecom company with a congressional franchise has no automatic right to particular radio frequencies, and lower courts cannot stop the government's selection of a new major telecom player.
- 02G.R. 255180Conrado Fernando, Jr. v. People of the PhilippinesA travel agency employee who took a customer's money for a tour that never happened is not guilty of estafa unless the prosecution proves beyond reasonable doubt that he lied to get the money.
- 03G.R. 256194Republic of the Philippines v. Heirs of Rogelio P. Laudes, Namely, Victoria Ordiz Vda. de Laudes, Rovi Roville Laudes-Cornelio, Rovin Laudes, Rovirose Laudes and Rovicor Laudes, Represented by Victoria Ordiz Vda. de LaudesTo register land that was once public land, the applicant must prove it was declared alienable and disposable using the evidence the law now requires, so a case with only the old-style certifications was sent back to take that proof.
- 04G.R. 264158Melba Alcantara Denusta v. Migrant Workers Manpower Agency, Inc., Theresita M. Ceralde, and K&g Manpower Services, LtdAn overseas worker who is underpaid, denied promised accommodation, insulted and threatened with a knife by her foreign employer, and so asks to be released from her contract, was effectively dismissed and can recover her salary for the rest of the contract.
- 05G.R. 262600People of the Philippines v. AaaWhen a girl is raped by a man who holds a father-like position over her, such as her mother's live-in partner, his moral power over her takes the place of force, so she need not prove she physically fought back.
- 06Bar Matter No. 4720 in Re: Petition to Retain/reacquire the Privilege to Resume the Practice of Law in the Philippines, Regina Stella P. Jacinto, Petitioner.A Filipino lawyer who keeps her Philippine citizenship after becoming a citizen of another country must still ask the Supreme Court to formalize her privilege to practice law.
- 07A.M. P-23-082(Formerly Oca Ipi No. 19-4991-P) Rodalyn Guinto-Hanif v. Christopher T. Perez, Sheriff IV, Branch 74, Regional Trial Court, Olongapo City, ZambalesA court sheriff who punches a person while enforcing a writ, and who ignores repeated orders to answer the complaint, can be dismissed from the service and fined.
- 08A.C. 13955(Formerly Cbd Case No. 19-6114) Adrian M. Kelley v. Atty. Cipriano D. Robielos IIIA lawyer who keeps borrowing money, issues a bouncing check, refuses to pay, and ignores the Bar's orders can be disbarred, especially when he has been punished for the same kind of conduct before.
- 09G.R. 261107Ana Liza Arriola Peralta v. Commission on Elections, Represented by the Campaign Finance UnitA government body that takes more than six years to finish a simple preliminary investigation, without a good reason, violates a person's right to a speedy disposition of her case, and the complaint must be dismissed.
- 10A.M. P-23-077(Formerly Oca Ipi No. 20-5026-P) Danilo D. Divinagracia v. Michael Vincent L. Ozon, Clerk III, Branch 1, Regional Trial Court, Butuan City, Agusan del NorteA court clerk who demanded money to release certificates of finality and sold a paid shortcut for serving decisions on the Solicitor General was dismissed for gross misconduct.
- 11A.M. P-19-3923Office of the Court Administrator v. Nemia Alma y. Almanoche, Court Stenographer III, Branch 10, Regional Trial Court, Malaybalay City, BukidnonA court stenographer who asked a litigant's mother for money, supposedly to pass on to the judge, prosecutor and public attorney, was dismissed for serious dishonesty even though she never received the full amount.
- 12A.M. CA-23-001-PCourt of Appeals v. Garry U. Caliwan, Messenger, Office of the Division Clerk of Court, Edmundo T. Malit, Records Officer I, Archives Section, Judicial Records Division, and Frederick C. Mauricio, Utility Worker II, Civil Cases Section, Judicial Records Division, All of the Court of Appeals, ManilaCourt of Appeals employees who tested positive for shabu a second time, after already completing rehabilitation, were dismissed or lost their retirement benefits.
- 13G.R. 198425Securities and Exchange Commission v. Hon. Rodolfo R. Bonifacio, in His Capacity as the Presiding Judge of the Regional Trial Court, Branch 159, Pasig City, Philippine Association of Securities Brokers and Dealers, Inc. (Pasbdi), Ma. Vivian Yuchengco, Ismael G. Cruz, Nestor S. Aguila, and Marita a. Limlingan, Philippine Stock Exchange (Pse) Pse'S 2009 Nominations and Elections Committee (Nomelec) Securities and Exchange Commission Vs. Hon. Rodolfo R. Bonifacio, in His Capacity as the Presiding Judge of the Regional Trial Court, Branch 159, Pasng City, Philippine Association of Securities Brokers and Dealers, Inc. (Pasbdi), Ma. Vivian Yuchengco, Ismael G. Cruz, Nestor S. Aguila, and Marita a. Limlingan, Philippine Stock Exchange (Pse) Pse'S 2009 Nominations and Elections Committee (Nomelec) Securities and Exchange Commission Vs. Philippine Association of Securities Brokers and Dealers, Inc. (Pasbdi), Ma. Vivian Yuchengco, Ismael G. Cruz, Nestor S. Aguila, and Marita a. LimlinganRegular trial courts can hear challenges to rules an agency issues under its rule-making power, and stockbrokers as a group may hold no more than 20% of the Philippine Stock Exchange's voting rights, but each broker may still vote all of his or her own shares within that cap.
- 14G.R. 246787Spouses Enrique Llonillo and Marites Llonillo v. People of the PhilippinesA person acquitted of a crime can still be ordered to pay a debt in the same criminal case, if it is related to the same act and the debt is proven by the usual civil standard.
- 15G.r. No. 217860* Spouses Leonardo Lontoc and Nancy Lontoc, Petitioners, Vs. Spouses Roselie Tiglao and Tomas Tiglao, Jr., Respondents.A court's judgment that a mortgaged property is foreclosed must state how much the debtor owes and give the debtor 90 to 120 days to pay; without these, the judgment is incomplete and cannot be enforced.
- 16G.R. 246489Spouses Christopher and Carmen Nuñez v. Dr. Henry DazA doctor acquitted of reckless imprudence could not be made to pay damages when nobody proved that he was at fault for a hot water bag that burst during a child's brain surgery.
- 17G.R. 258417Rommel Z. Borja v. People of the PhilippinesA man who physically hurt his live-in partner was properly convicted under the Anti-Violence Against Women and Their Children Act, and the Court chose actual jail time instead of community service.
- 18G.R. 266754People of the Philippines v. Marivic Saldivar y RegatchoA woman who offered a 14-year-old street child to paying men for sex was properly convicted of qualified trafficking in persons, even without an entrapment operation.
- 19G.R. 255567People of the Philippines v. Juliana Acuin VillasinBreaking government procurement rules does not by itself make a public official guilty of graft; the prosecution must also prove bad faith, partiality or gross negligence and corrupt intent.
- 20G.R. 259284People of the Philippines v. E & D Parts Supply, Inc. and Margaret L. UyA taxpayer's acquittal in a tax crime case does not by itself cancel the tax it owes, but a tax assessment is void if the auditor lacked a proper Letter of Authority.
- 21G.R. 261666Rommel Genio y Santos v. People of the PhilippinesThe prosecution cannot rely on a marriage certificate alone to prove a second marriage was valid; if the accused raises reasonable doubt about it, he is not guilty of bigamy, though he can still be convicted of knowingly marrying against the law.
- 22G.R. 253003Commissioner of Internal Revenue v. Mindanao II Geothermal PartnershipA VAT-registered business claiming a refund of input VAT on zero-rated sales does not have to show that the input tax comes from purchases that form part of its finished product or are directly used in production.
- 23G.R. 267265People of the Philippines v. Edwin Cordova y Manalastas, Jayson Taladua y Barbarra, Mary Antonette del Rosario y Tamondong, and Jaime Cordova y Manalastas (Acquitted); Edwin Cordova y Manalastas, and Jayson Taladua y BarbarraIn a drug buy-bust case, police must mark and inventory the seized drugs right away at the place of arrest with the required witnesses, and waiting about 25 minutes for the witnesses to arrive, with no justification, leads to acquittal.
- 24G.R. 268399Francheska Aleen Balaba Buban v. Nilo dela PeñaA company that fails to investigate an employee's sexual harassment complaint is liable together with the harasser for damages, but an employee who keeps working and loses no pay or rank is not entitled to separation pay or backwages.
- 25G.R. 246434Hernald Bermillo y de Vera v. People of the PhilippinesA man caught with a tiny sachet of shabu was acquitted because the prosecution could not show how the drug was handled after the forensic chemist examined it.
- 26G.R. 257685Commission on Human Rights, Rep. by Commissioner Karen S. Gomez-Dumpit v. Office of the Ombudsman, Psupt Robert C. Domingo, Po2 Dylan Verdan, Po2 Jonathan Ubarre, Po1 Berly Apolonio, and Other John DoesThe Court refused to order criminal charges against police officers over an alleged secret detention cell because the Commission on Human Rights' evidence did not show probable cause, but it told the police to provide clean and decent custodial facilities.
- 27G.R. 260708People of the Philippines v. Abc260708When a father rapes his young child, the crime should be called qualified rape of a minor, not 'qualified statutory rape', because the child's young age is already absorbed by the special circumstances that raise the crime.
- 28A.M. P-23-111Dr. Stella Marie P. Mabanag v. Marvin a. Ramos, Sheriff IV, Branch 34, Regional Trial Court, Balaoan, La UnionA court sheriff who took money from litigants for safekeeping without court approval, and then spent it, was fined and permanently barred from government work even though he had resigned and the complainant dropped the case.
- 29G.R. 266552Rico B. Escauriaga, Cristine dela Cruz, Rene B. Severino, Ralph Errol Mercado, and Geraldine Guevarra v. Fitness First, Phil., Inc., and Liberty CruzGym trainers who were labelled freelancers but were controlled by the company, paid by commission, and tied to it exclusively were really regular employees.
- 30G.R. 214741Privatization and Management Office v. Firestone Ceramic, Inc.,•A lease that can be renewed only on terms both sides agree to ends when they cannot agree on the rent, and the lessor can evict the tenant in an ejectment case even if the tenant files another case to block it.
- 31G.R. 258182And 259950 People of the Philippines v. Romeo Chan RealesWhen the charge depends on proving that government workers never worked, the prosecution must prove it, and signing payroll papers without that proof is not enough to convict an official of graft or malversation.
- 32G.R. 242353& 253530 Cecilia Que Yabut, Eumir Carlo Que Camara, and Ma. Corazon Que Garcia v. Carolina Que Villongco, Ana Maria Que Tan, Angelica Que Gonzales (Now Deceased and Substituted by Her Heir Rosa Maria Que Gonzales), Elaine Victoria Que Tan, and Edison Williams Que TanIn a family corporation fight, quorum for a stockholders' meeting is counted from all outstanding shares, including shares under dispute, and the cases were sent back to the trial court because its earlier orders did not explain themselves.
- 33G.R. 266921National Transmission Corporation v. Spouses Louis Marco S. Manalo and Rowena Marie T. Manalo, Represented by Freddie M. Arguelles, and Nonylon D. Pedraja and Nonna D. Pedraja, Represented by Julianito B. MoncayoWhen landowners file an inverse condemnation case after Republic Act No. 10752 took effect, the government must deposit 100% of the current BIR zonal value as provisional compensation, even if the power lines were built decades earlier.
- 34G.R. 253450Lani Nayve-Pua v. Union Bank of the PhilippinesA property bought with one partner's own money before marriage stays that partner's alone after the wedding, unless the other partner proves she contributed to buying it.
- 35G.R. 253448Mark Franklin a. Lim II v. Field Investigation Bureau, Office of the Deputy Ombudsman for the Military and Other Law Enforcement OfficesA government officer who skipped the required approval for buying supplies without public bidding is guilty only of simple misconduct, not dishonesty or grave misconduct, unless corruption or a clear intent to break the rules is proven.
- 36G.R. 228980Marvin Villanueva y Irodistan v. People of the PhilippinesLifting a 15-year-old girl's skirt and touching her buttocks is lascivious conduct against a child, and the Court upheld the conviction while asking the President to consider reducing the heavy penalty.