Latest Entries »

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THERE WAS A FORECLOSURE OF MORTGAGE. ABELLANA THE MORTGAGOR FILED A CASE AND RAISED THE ISSUE ON WHETHER HE HAS THE RIGHT TO REPURCHASE THE PROPERTY. COURT SAID HE HAS NO RIGHT AND COURT DECISION BECAME FINAL. LAND THEN WAS SOLD TO ANOTHER. ABELLANA FILED CASE FOR ANNULMENT OF THE FORECLOSURE PROCEEDINGS AND FOR RECONVEYANCE OF THE PROPERTY TO HIM. LANDBANK MOVED FOR DISMISSAL OF CASE. RTC AND CA DENIED SUCH MOTION TO DISMISS. SUPREME COURT SAID DISMISSAL IS PROPER BECAUSE WHEN ABELLANA PREVIOUSLY RAISED THE ISSUE ON WHETHER HE CAN REPURCHASE THE PROPERTY FROM LANDBANK HE ALREADY ADMITTED THAT LANDBANK IS NOW OWNER OF THE PROPERTY. HE CANNOT THEREFORE FILE A CASE THAT THE PROPERTY BE RE-CONVEYED TO HIM.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

ON HEARSAY EVIDENCE:

ON THE RULE THAT ONE WHO COMES TO COURT MUST COME WITH CLEAN HANDS. THIS DOES NOT AP,PLY TO A SITUATION WHERE FRAUD AND DILATORY SCHEMES EXIST.

?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE CASE WAS DISMISSED BECAUSE THERE WAS NO VALID WARRANTLESS SEARCH.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:


SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT GEORGE FILED A CASE FOR RECOVERY OF POSSESSION OF A LOT AGAINST PETITIONERS ON THE BASIS OF THE FACT THAT HE IS THE REGISTERED OWNER EVIDENCED BY A TORRENS TITLE. PETITIONERS CLAIM THEY ARE CO-OWNERS BY INHERITANCE. GEORGE ARGUES THAT HIS TORRENS TITLE CANNOT BE ATTACKED COLATERALLY BY PETITIONERS IN THE CASE. COURT RULED THAT PETITIONERS ARE CO-OWNERS AND CANNOT THEREFORE BE EJECTED. BUT THIS FINDING ON OWNERSHIP IS ONLY PROVISIONAL UNTIL THE SAME IS SETTLED BY PROPER ACTION.

………………………………….

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

COURTS MUST BE CAREFUL IN RENDERING SUMMARY JUDGMENTS ESPECIALLY WHEN THERE EXISTS A GENUINE ISSUE ON OWNERSHIP OF PROPERTIES.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

THE PENALTY OF DISMISSAL WAS FOUND TOO HARSH. NO AWARD FOR MORAL AND EXEMPLARY DAMAGES BECAUSE THERE WAS NO EVIDENCE SHOWING THAT EMPLOYER WAS MOTIVATED BY BAD FAITH.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

NOTE THAT THE CASES AGAINST PETITIONERS WERE DISMISSED FOR VIOLATION OF PETITIONERS’ RIGHT TO SPEEDY DISPOSITION OF CASES.

EVIDENCE ALIUNDE PRESENTED DURING HEARING ON MOTION TO QUASH MUST BE CONSIDERED.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

SC CASE 2022-0051: CIVIL SERVICE COMMISSION VS. ROSELLE C. ANNANG (G.R. NO. 225895, 28 SEPTEMBER 2022, HERNANDO J.) (BRIEF TITLE: CSC VS ANNANG)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PNB ARGUES THAT THEIR COUNSELS WERE NEGLIGENT AND AS A RESULT THEY WERE DEPRIVED OF THEIR DAY IN COURT. SUPREME COURT SAID THE NEGLIGENCE OF COUNSEL MUST BE GROSS. SUCH IS NOT THE CASE HERE. AS A GENERAL RULE NEGLIGENCE OF COUNSEL BINDS THE CLIENT. THERE IS AN EXCEPTION: WHEN THE NEGLIGENCE OF COUNSEL IS SO GROSS THAT ORDINARY NEGLIGENCE COULD NOT HAVE GUARDED AGAINST IT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE SUPREME COURT CONSIDERED THE CASE FILED AGAINST JUDGE RACOMA AS HARASSMENT.

UNFOUNDED CRITICISMS AGAINST JUDGES DEGRADE THE JUDICIAL OFFICE. THEY DRAIN THE RESOURCES OF THE COURT IN RESOLVING THEM. THEY SOW THE SEEDS OF DISTRUST OF THE PUBLIC AGAINST THE JUDICIARY. THUS COMPLAINANTS MUST EXPLAIN THEIR ACT OF FILING PREMATURE COMPLAINT.

ON THE POWER TO PUNISH FOR CONTEMPT OF COURT:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

  

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER FILED ADMINSTRATIVE CASE AT BSP AGAINST OFFICERS OF RESPONDENT BANK. BSP OFFICE OF SPECIAL INVESTIGATION DISMISSED THE CASE. PETITIONER FILED AT CA AN APPEAL BASED ON RULE 65, THAT THERE WAS GRAVE ABUSE OF DISCRETION. PETITIONER WAS WRONG. THERE IS SUBSTANTIAL BASIS. NEITHER CAN THE CASE BE REVIEWED UNDER RULE 45 BECAUSE ISSUES OF FACTS WERE RAISED. ONLY ISSUES OF LAW ARE ALLOWED UNDER RULE 45.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT LUCENA WAS CONSTRUCTIVELY DISMISSED. THE FACTS ARE:

TEST FOR CONSTRUCTIVE DISMISSAL:

PETITIONER SAID LUCENA WAS TERMINATED DUE TO LOSS OF TRUST AND CONFIDENCE. SC SAID WRONG.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENTS ON THE BASIS OF AN INVALID DEED OF DONATION (NOT NOTARIZED) OCCUPIED SUBECT LAND FOR MORE THAN 50 YEARS. DURING THAT PERIOD PETITIONER FAILED TO TAKE ACTION AGAINST RESPONDENTS. THUS BY THE PRINCIPLE OF LACHES, RESPONDENTS ACQUIRED, BY VIRTUE OF POSSESSION, OWNERSHIP OVER THE LAND.

BUT THE LAND IS TITLED AND REGISTERED UNDER THE TORRENS SYSTEM.

EVEN THOUGH.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS CONCERNS A PROPERTY MORTGAGED TO TRC. THE MORTGAGOR WAS NOT THE OWNER OF THE WHOLE PROPERTY. SHE CANNOT MORTGAGE THE PORTION SHE  DOES NOT OWN.

THE MORTGAGOR  ZARATE SPOUSES CLAIMS THAT IN 1978 THE PROPERTY WAS SOLD TO THEM. THIS SALE MUST TAKE PRECEDENCE OVER THE ORAL PARTITION CLAIMED BY HEIR ALVAREZ. THE COURT RECOGNIZED THAT SAID THE SALE WAS FAKE. ORAL PARTITION IS RECOGNIZED BY COURTS.

ZARATE SPOUSES CLAIM THAT ALVAREZ COMMITTED LACHES FOR BRINGING THE CASE LATE AFTER SO MANY YEARS. SUPREME COURT NOT ALL ELEMENTS OF LACHES ARE PRESENT. ALVAREZ DISCOVERED THE DEFECT LATE AND THUS FILED THE CASE ONLY RECENTLY.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

CHAN GRANTED A PERMIT TO HOLD COCKFIGHTS IN FAVOR OF LIGA NG MGA BARANGAY WHICH IS PROHIBITED FROM HAVING INTEREST IN ANY COCKPIT OPERATION.

………………………….

(NOTE: IT SOMEHOW APPEARS THAT CHAN ONLY CERTIFIED THAT A PERMIT WAS ISSUED BY THE SB IN FAVOR OF THE LIGA NG MGA BARANGAY. THE PERMIT WAS ISSUED BY THE SB NOT BY MAYOR CHAN? THE DECISION MIGHT BE WORTH REVISITING?)

CHAN ARGUED THAT SHE HAD NO INTENT TO COMMIT THE OFFENSE CHARGED. SC SAID CRIMINAL INTENT IS NOT NECESSARY IN MALA PROHIBITA CASES.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS CASE INVOLVES A CLAIM BY RESPONDENT FOR DAMAGES WHICH THE CA GRANTED. RESPONDENT MADE IMPROVEMENTS IN THE PROPERTY.  PETITIONER SAID THERE WAS NO CONTRACT OF LEASE. SC SAID THERE WAS AS EVIDENCED BY SECURITY DEPOSIT AND RENTAL PAYMENTS. PETITIONER SAID RESPONDENT WAS NOT A PARTY IN INTEREST. SUPREME COURT SAID HE IS BECAUSE HE INVESTED HUGE SUM IN THE RESORT OF PETITIONER.

WAS THERE A CONTRACT OF LEASE EVEN THOUGH THE LEASE DOCUMENT WAS NOT PRODUCED?

YES BECAUSE THERE WAS SECURITY DEPOSIT AND RENTAL PAYMENTS.

IS PADILLA A PARTY IN INTEREST?

YES BECAUSE HE MADE HUGE INVESTMENTS IN THE RESORT AND THEREFORE A PARTY WHO WILL BE INJURED OR WILL BENEFIT IN THE CASE.

ON ATTY’S FEES:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE TULFO BROTHERS MADE UTTERANCES AGAINST SANTIAGO. SC SAID THESE UTTERANCES, ALTHOUGH PROFANE AND BULGAR DID NOT INCITE ITS AUDIENCE TO LAWLESS ACTION.

“Thus, the Tulfo brothers’ utterances are only considered threats against Santiago. Nothing more. The utterances made by them, although profane and vulgar, did not incite its audience to lawless action that may lead to a breach of peace of the State.”

WHAT ARE FIGHTING WORDS? IS IT PROTECTED SPEECH? HOW ABOUT WORDS SPEWED OUT IN A QUARREL OR FIGHT BETWEEN INDIVIDUALS ARE THEY FIGHTING WORDS? SC RULED AS FOLLOWS:

MTRCB INTENDS TO IMPOSE 3 MONTH SUSPENSION, FINE AND PROBATIONARY STATUS AGAINST THE TULFOS. SUPREME COURT SAID NO NEED. TV5′ ACT OF SELF REGULATION IN ACCORDANCE WITH ITS CHARTER IS ENOUGH. TV5 CENSURED AND SUSPENDED THE TULFO BROTHERS.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THERE WERE SEVERAL MEDICAL REPORTS. THE PHYSICIANS OF CHOICE SUBMITTED REPORTS. COMPANY PHYSICIAN DR SANEZ ALSO SUBMITTED REPORT. SUPREME COURT FAVORED THE REPORT OF DR SANES AS HE ACTUALLY TREATED RESPONDENT  AND MONITORED HIS CONDITION. RESPONDENT’S PHYSICIANS’ FINDINGS WERE BASED ONLY ON GENERAL IMPRESSIONS AFTER CONDUCTING A SINGLE EXAMINATION.

…………………………..

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT WAS REPATRIATED DUE TO HIS AILMENT WHICH MADE HIM . PETITIONER SAID RESPONDENT WAS REPATRIATED BECAUSE HIS CONTRACT EXPIRED. SUPREME COURT SAID PETITIONER WAS WRONG BECAUSE WHY WOULD PETITIONER RECOMMEND THAT RESPONDENT UNDERGO MEDICAL EXAMINATION IF HIS CONTRACT ALREADY EXPIRED. FURTHER, COMPANY PHYSICIAN DECLARED HIM WITH DISABILITY. SINCE PHYSICIAN FAILED WITHIN THE REQUIRED PERIOD TO DECLARE WHETHER THE DISABILITY WAS PERMANENT AND TOTAL THE SAME IS PRESUMED TO BE PERMANENT AND TOTAL.

SUPREME COURT ADJUSTED THE BENEFITS DUE RESPONDENT OTHERWISE IT WOULD RESULT TO UNJUST ENRICHMENT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER MINING COMPANY CLAIMS THAT IT HAS MINING RIGHTS OVER CERTAIN PROPERTIES FOR WHICH PUBLIC RESPONDENTS ISSUED FREE PATENTS. SUPREME COURT SAID THERE ARE TWO REQUIREMENTS FOR DECLARING DECLARING NULL AND VOID THE FREE PATENTS. ONE: THE CLAIMANT PROVES ITS OWNERSHIP. TWO: THE OWNER OF THE FREE PATENTS OBTAINED THEIR TITLES BY MISREPRESENTATION OR MISTAKE. THE MINING COMPANY FAILED TO PROVE THESE REQUIREMENTS. RTC RULED THAT THE FREE PATENTS WERE VALID. CA AFFIRMED. WHEN BOTH LOWER COURTS RULED UNIFORMLY, SUPREME COURT CANNOT CHANGE THE DECISION BECAUSE IT IS NOT A TRIER OF FACTS.

……………

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

IT WAS DISCOVERED THAT THE MEMBERS OF THE AWARDS COMMITTEE COLLUDED WITH EACH OTHER TO ENSURE THAT A COMPANY WOULD  GET THE CONTRACT TO SUPPLY AN OVERPRICED ORGANIC FERTILIZER.

WHAT WERE THE ACTS OR OMISSIONS COMMITTED BY RESPONDENTS?

HOW ABOUT THE PROVINCIAL ACCOUNTANT? SHE WAS NOT LIABLE SINCE THE DOCUMENTS PRESENTED TO HER FOR REVIEW WERE IN ORDER.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER IS A CONDOMINIUM RESIDENT. HE WAS QUESTIONING THE LEGALITY OF A BIR CIRCULAR IMPOSING INCOME TAX, VAT AND WITHHOLDING TAX ON CONDOMINIUM DUES. THE SUPREME COURT SAID IT WILL NOT RULE ON THE PETITION BECAUSE IT IS ALREADY MOOT. DECISIONS HAVE BEEN ISSUED DECLARING THE CIRCULAR INVALID.

WHEN IS A CASE CONSIDERED MOOT?

WHEN IT LOSES ITS JUSTICIABILITY DUE TO A SUPERVENING EVENT WHICH TAKES AWAY ITS PRACTICAL USE OR VALUE.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONERS ENTERED INTO TRUST RECEIPT AGREEMENT WITH BDO. A NEW AGREEMENT WAS EXECUTED REVISING THE SCHEDULE OF PAYMENT. PETITIONERS CLAIM THEY CANNOT BE ACCUSED OF ESTAFA UNDER THE OLD AGREEMENT BECAUSE IT WAS ALREADY NOVATED OR SUPERSEDED BY A NEW AGREEMENT. SUPREME COURT SAID THERE IS NO NOVATION. THE NEW SCHEDULE OF PAYMENT IS MERELY SUPPLEMENTARY TO THE ORIGINAL OBLIGATION.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

THE DECISION OF THE COMMISSIONER’S REPRESENTATIVE CAN STILL BE APPEALED TO THE COMMISSIONER HIMSELF WHOSE DECISION CAN BE APPEALED TO THE COURT OF TAX APPEALS. THE IMPRESSION IS THAT THE DECISION OF COMMISSIONER’S REPRESENTATIVE IS THE DECISION OF THE COMMISSIONER HIMSELF. THE 30 DAY PERIOD WITHIN WHICH TO FILE PETITION FOR REVIEW AT CTA STARTS FROM RECEIPT OF THE DECISION OF THE COMMISSIONER, NOT FROM THE DATE OF RECEIPT OF THE DECISION OF COMMISSIONER’S REPRESENTATIVE.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

PETITIONER WAS CONVICTED OF BIGAMY UPON HER PLEA OF BEING GUILTY. CSC DISMISSED HER FROM THE SERVICE ON GROUND THAT SHE WAS CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE. CAN SHE INVOKE MITIGATING CIRCUMSTANCES TO LESSEN HER PENALTY?

YES BUT THIS WOULD DEPEND ON THE MITIGATING CIRCUMSTANCES SHE PROVES.

SHE INVOKED THE MITIGATING CIRCUMSTANCE OF LENGTH OF SERVICE. SC RULED LENGTH OF SERVICE CANNOT BE CONSIDERED MITIGATING BECAUSE THE CRIME OF BIGAMY WHICH IS A CRIME OF MORAL TURPITUDE IS A GRAVE OFFENSE.

SHE ALSO INVOKED AS MITIGATING CIRCUMSTANCE THE FACT THAT IT WAS HER FIRST OFFENSE AND HER WORK PERFORMANCE WAS OUTSTANDING. SUPREME COURT THE RULE CLEARLY STATES THAT DISMISSAL CAN BE METED OUT ON FIRST OFFENSE AND OUTSTANDING PERFORMANCE IS NOT AMONG THOSE ENNUMERATED AS MITIGATING.

SHE CITED CASES SHOWING THAT A DISMISSAL ORDER CAN BE REDUCED TO LIGHTER PENALTIES. SUPREME COURT SAID THE CASES SHE INVOKED DO NOT APPLY TO HER CASE. THOSE CASES DO NOT INVOLVED CONVICTING OF A CRIME INVOLVING MORAL TURPITUDE.

PETITIONER ALSO INVOKED HER RIGHT TO SPEEDY TRIAL. SUPREME COURT SAID SHE RAISED THIS DEFENSE LATE. SHE SHOULD HAVE RAISED THIS POINT WHILE THE CASE WAS STILL WITH CSC, NOT WHEN IT IS ALREADY IN THE SUPREME COURT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

RTC AWARDED MORAL DAMAGES AND EXEMPLARY DAMAGES IN THIS EJECTMENT CASE. SUPREME COURT RULED THAT IN EJECTMENT CASE THE ONLY DAMAGES THAT CAN BE AWARDED ARE THE UNPAID RENT, COSTS AND ATTORNEY’S FEES.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

IN  NATURALIZATION CASES, WHAT SHOULD WITNESSES TESTIFY ABOUT?

WITNESSES ARE EXPECTED TO HAVE PERSONAL KNOWLEDGE OF THE FACTS THAT ESTABLISH AN APPLICANT’S QUALIFICATIONS FOR NATURALIZATIONS.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

DRIVER FEGARIDO, DRIVING A PUBLIC JEEP, HIT ALCANTARA WHO LATER DIED. REGISTERED OWNER WAS MILAN. IS MILAN LIABLE?

UNDER THE CIVIL CAUSE WHEN AN EMPLOYEE, IN PERFORMANCE OF HIS DUTY, CAUSED DAMAGE TO ANOTHER THE PRESUMPTION IS THAT THE EMPLOYER IS ALSO LIABLE FOR NEGLIGENCE. THE EMPLOYER MUST PRESENT EVIDENCE THAT SHE OBSERVED DUE DILIGENCE IN THE SELECTION AND SUPERVISION OF HIS EMPLOYEE. IN THIS CASE MILAN FAILED TO REBUT SUCH PRESUMPTION.

IN THIS CASE ACTUAL OR COMPENSATORY DAMAGES WERE AWARDED.  THE RULING FOLLOWS:

MORAL DAMAGES WERE ALSO AWARDED. THE RULING FOLLOWS:

EXEMPLARY DAMAGES WERE ALSO AWARDED. RULING FOLLOWS:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

MR SIMACAS DIED DUE TO PROSTATE CANCER. HE WAS HELPING IN WELDING WORKS. HIS WIFE VIOLETA FILED CLAIMS AT THE EMPLOYEES COMPENSATION COMMISSION. SSS DENIED THE CLAIMS ON THE GROUND THAT PROSTATE CANCER IS NOT LISTED AS AN OCCUPATIONAL DISEASE AND THAT VIOLETA FAILED TO PROVE THE RELATION BETWEEN WORK OF HER HUSBAND AND HIS PROSTATE CANCER. COURT OF APPEALS REVERSED SSS. SUPREME COURT AFFIRMED C.A. INTERPRETATION OF THE LAW ON EMPLOYEES’ COMPENSATION COMMISSION (PD 626) MUST BE LIBERAL IN FAVOR OF THE WORKER.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE RULING OF THE ARBITRAL TRIBUNAL AS TO WHETHER THE CONTRACT WAS VALIDLY TERMINATED, WHETHER THE VARIATION ORDERS WERE PROVEN OR WHETHER PETITIONER COMPLIED WITH THE SCOPE OF WORKS MUST NOT BE REVIEWED BY THE COURTS. THERE IS NO LAW GRANTING THE JUDICIARY AUTHORITY TO REVIEW THE MERITS OF AN ARBITRAL AWARD.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER WAS ABSOLVED OF HER SOLIDARY LIABILITY TO RETURN THE DISALLOWED AMOUNT BECAUSE SHE DID NOT ACT IN BAD FAITH. THOSE THAT SHOULD BE HELD LIABLE MUST HAVE ACTED IN EVIDENT BAD FAITH, WITH MALICE, OR THEY WERE GROSSLY NEGLIGENT IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

Madera also added that these badges of good faith should be considered first before holding these officers, whose participation in the disallowed transaction was in the performance of their official duties, liable; and that the presence of any of these factors in a case may tend to uphold the presumption of good faith in the performance of official functions accorded to the officers involved.33 Badges of good faith could be appreciated in favor of petitioner. No prior disallowance of the same benefit has been issued against ICAB. Also, there is no precedent disallowing a similar case in jurisprudence. As a matter of fact, the only other COA disallowance petition involving ICAB was a case also entitledAbejo v. Commission on Audit, and docketed as G.R. No. 254570. Said case was resolved by the Court on 29 January 2021, and it pertains to an entirely different incentive. Considering the foregoing, the Court chooses to uphold petitioner’s presumption of good faith.

WHAT ARE THE RULES ON EXEMPTING GOVT OFFICIALS FROM RETURNING EMPLOYEE BENEFITS DISALLOWED IN AUDIT?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONERS FILED A REGULARIZATION CASE AGAINST ARMSCOR. WHILE THE CASE WAS ONGOING THEY WERE NOT ALLOWED ENTRY INTO COMPANY PREMISES. THEY FILED A CONSTRUCTIVE DISMISSAL CASE. THEIR CASE WAS DISMISSED ON GROUND OF FORUM SHOPPING. THE SUPREME COURT SAID THERE WAS NO FORUM SHOPPING. THE ISSUE IN THE REGULARIZATION CASE WAS WHETHER PETITIONERS ARE REGULAR EMPLOYEES AND THUS ENTITLED TO BENEFITS DUE REGULAR EMPLOYEES. THE ISSUE IN THE CONSTRUCTIVE DISMISSAL CASE IS WHETHER THEY WERE ILLEGALLY DISMISSED. THESE ISSUES ARE DIFFERENT AND EVIDENCES TO BE PRESENTED WOULD BE DIFFERENT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

BUNCIO FILED AN ILLEGAL POSSESSION CASE AGAINST RESPONDENTS WHO ALLEGED THAT THEIR FOREBEARS HAVE LEASEHOLD AGREEMENT WITH THE PARENTS OF BUNCIO. RTC REFERRED THE CASE TO DAR. SUPREME COURT RULED THAT DAR HAS JURISDICTION OVER THE CASE. MERE ALLEGATION OF AN AGRARIAN DISPUTE IS SUFFICIENT BASIS FOR DAR TO HAVE JURISDICTION.

WHAT IS TENANCY RELATIONSHIP?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER HAS A SERVICE CONTRACT WITH PLDT. IT WAS ADJUDGED ENGAGED IN LABOR-ONLY CONTRACTING. IT DID NOT PROVIDE EQUIPMENT NOR PREMISES TO THE RESPONDENT EMPLOYEES. PLDT PROVIDED THESE.   ALSO, IT DID NOT HAVE POWER OF CONTROL OVER THE EMPLOYEES. PLDT EXERCISED SUCH CONTROL.

WHAT IS RIGHT OF CONTROL OVER THE EMPLOYEES?

WHAT IS LABOR-ONLY CONTRACTING?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

HERRERA COMMITTED INFRACTIONS STATED BELOW. HIS COLLECTIVE CONDUCT TARNISHES THE INTEGRITY OF THE LEGAL PROFESSION AND IS IN CLEAR DISREGARD OF HIS SWORN DUTIES IN THE LAWYER’S OATH.

THE SUPREME COURT CITED CASES WHERE PENALTY OF DISBARMENT WAS IMPOSED AND SAID THAT THE INFRACTIONS OF ATTY HERRERA ARE GRAVER THAN THE INFRACTIONS IN THOSE CASES.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

COMPLAINANTS FILED A QUIETING OF TITLE CASE AGAINST DIVINA SPOUSES. DIVINA SPOUSES FAILED TO ANSWER AND WERE DECLARED IN DEFAULT. RTC RULED IN FAVOR OF COMPLAINANTS. THE CASE WAS APPEALED TO CA AND CA AFFIRMED RTC DECISION. THE CA DECISION BECAME FINAL. THEN HERE COMES ATTY BRILLANTES AS COUNSEL OF DIVINA SPOUSES. HE FILED A CASE FOR ANNULMENT OF RTC DECISION ON GROUND THAT DIVINA SPOUSES BELATEDLY RECEIVED A COPY OF THE RTC DECISION. ATTY BRILLANTES SAID HE MERELY RELIED ON THE REPRESENTATION OF THIS CLIENT WHICH WAS NOT TRUE. AND ATTY BRILLANTES BY REVIEWING THE COURT RECORDS WOULD KNOW THAT HIS CLIENT’S REPRESENTATION WAS NOT TRUE. AND HE WAS AWARE OF WHAT WAS TRUE. HIS ACT DELAYED THE SETTLEMENT OF THE ESTATE OF REYES SPOUSES. DISBARMENT CASE WAS FILED AGAINST HIM. SUPREME COURT SAID HE BE JUST SUSPENDED FOR 6 MONTHS BECAUSE, AMONG OTHER THINGS, HE ADMITTED HIS MISDEMEANOR AND APOLOGIZED.

……………………..

WHAT WERE THE LEGAL GROUNDS FOR THE TRANSGRESSION OF ATTY BRILLANTES?

WHAT WERE THE REASONS ATTY BRILLANTES WAS NOT DISBARRED BUT WAS ONLY SUSPENDED FOR 6 MONTHS?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER PERFORMED POORLY IN HER WORK. SHE WAS NOT ABLE TO CREATE A NEW CENTER OR DISBURSE LOAN. FURTHER, SHE DEFIED COMPANY RULES. THERE IS THEREFORE GROUND TO TERMINATE HER PROBATIONARY EMPLOYMENT EVEN BEFORE THE PROBATIONARY PERIOD HAS NOT YET EXPIRED.

IS PETITIONER ENTITLED TO SALARY FOR THE REMAINING PERIOD OF HER PROBATIONARY EMPLOYMENT?

SHE IS NOT ENTITLED BECAUSE OF THE VALIDITY OF HER DISMISSAL PREDICATED ON HER FAILURE TO MEET THE STANDARDS MADE KNOWN TO HER.

PETITIONER PROBATIONARY EMPLOYEE WAS NOT ABLE TO ACCOMPLISH THE PURPOSE SOUGHT BY THE EMPLOYER WITHIN THE TRIAL PERIOD. CAN EMPLOYER TERMINATE HER SERVICES.

YES, THE EMPLOYER IS NOT PRECLUDED FROM TERMINATING THE PROBATIONARY EMPLOYMENT ON JUSTIFIABLE GROUND.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER’S TITLE PERTAINS TO A DIFFERENT PROPERTY AND WAS REGISTERED IN THE NAME OF ANOTHER PERSON AND WAS ALREADY CANCELLED. THUS, HE HAS NO LEGAL OR EQUITABLE TITLE OVER THE SUBJECT PROPERTY. THUS HIS COMPLAINT MUST BE DISMISSED.

…………………………………

WHAT ARE THE REQUISITES IN ORDER THAT THE COMPLAINT FOR QUIETING OF TITLE MAY PROSPER?

FIRST, THAT THE PLAINTIFF HAS LEGAL TITLE OR EQUITABLE INTEREST ON THE PROPERTY. SECOND THAT THE CLAIM OVER THE PROPERTY IS INVALID.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

A CIVIL CASE WAS FILED AGAINST PETITIONER FOR P4M PLUS. THEN RESPONDENT FILED A CRIMINAL BP 22 CASE AGAINST PETITIONER FOR BOUNCED CHECKS WITH FACE VALUE OF P1.2M. IN THE CIVIL CASE RESPONDENT MANIFESTED THAT THE AMOUNT OF P1.2M BE DEDUCTED FROM HIS CLAIM SINCE HE INTENDS TO RECOVER THE P1.2M IN THE BP 22 CASE. WAS THERE FORUM SHOPPING ON THE PART OF RESPONDENT?

NO BECAUSE THE COURT IN THE CIVIL CASE WAS INFORMED ABOUT THE FILING OF THE CRIMINAL CASE.

WHAT IS THE RULE ON LEGAL INTEREST?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENTS WON IN A LABOR CASE. DECISION BECAME FINAL AND EXECUTORY. THEY LEVIED A PARCEL OF LAND. DMCI OPPOSED. AN ISSUE WAS RAISED AT LRA ON WHETHER THE CLAIM OF THE RESPONDENTS IS REGISTRABLE. LRA SAID YES AND DIRECTED REGISTER OF DEEDS TO ANNOTATE SUCH CLAIM. DMCI FAILED TO APPEAL ON TIME THE LRA CONSULTA. SUPREME COURT SAID THE CONSULTA OF LRA CANNOT BE ALTERRED. THE JUDGMENT OF NLRC WHICH BECAME FINAL AND EXECUTORY REMAINS AS SUCH AND CANNOT BE ALTERED.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RODRIGUEZ DONATED PROPERTY TO REPUBLIC TO BE USED FOR BUILDING AND OPERATING MENTAL HOSPITAL. ONE CONDITION IS THAT THE REPUBLIC SHALL NOT CONVEY OR DISPOSE OF THE PROPERTY TO ANY OTHER PERSON. THERE WERE SQUATTERS IN THE AREA. THE REPUBLIC FILED AN EJECTMENT CASE AGAINST THE SQUATTERS BUT FAILED TO EXECUTE THE JUDGMENT WITHIN THE PERIOD ALLOWED FOR EXECUTION. IS SUCH ACT A DISPOSAL OF THE PROPERTY IN VIOLATION OF THE DEED OF DONATION. SUPREME COURT SAID NO. THE PROPERTY IS COVERED BY THE TORRENS SYSTEM  AND THEREFORE IT CANNOT BE ACQUIRED BY THE SQUATTERS BY PRESCRIPTION OR ADVERSE POSSESSION.

THE PROPERTY DONATED CONSISTED OF 32 HECTARES. THE AREA UTILIZED WAS ONLY 5 HECTARES. THE DEED STATES THAT DONEE ERECT BUILDINGS ON THE PROPERTY. WAS THERE VIOLATION OF THE DEED OF DONATION. NO BECAUSE THE DOES NOT REQUIRE THAT BUILDINGS BE ERECTED ON THE WHOLE AREA.

THERE IS A PROHIBITION IN THE DEED OF DONATION THAT THE REPUBLIC CANNOT LEASE, LET, CONVEY, DISPOSE OR ENCUMBER THE DONATED PROPERTY WITHOUT SPECIFYING THE DURATION OF THE RESTRICTION. IS THIS LEGAL? NO. THE PROHIBITION MAY BE VIEWED AS PERMANENT WHICH CONSTITUTES AN UNDUE RESTRICTION FOR AN UNREASONABLE PERIOD OF TIME.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

BOTH PARTIES PRESENTED EVIDENCES OF EQUAL WEIGHT. PETITIONER WORKERS PROVED THAT THEY WERE EMPLOYEES. EMPLOYER RESPONDENT PROVED THAT THE PETITIONERS WERE NOT EMPLOYEES. SC RESOLVED THE DOUBT IN FAVOR OF THE EMPLOYEES.

THE WORK OF PETITIONER IS JUST TO TRANSFER RUBBER LUMPS FROM THE BAGOL OR SMALL CONTAINERS ATTACHED TO THE RUBBER TREE TRUNK AND PLACE THEM IN ANOTHER CONTAINER. IT IS HARD TO DETERMINE WHETHER THE EMPLOYER HAS CONTROL OVER THE MEANS AND METHODS OF THE EMPLOYER’S WORK. SUPREME COURT SAID THERE IS AN ALTERNATIVE TEST, THE UNDERLYING ECONOMIC REALITIES TEST.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

CFI ORDERED ISSUANCE OF TITLE IN THE NAME OF RESPONDENTS. PETITIONERS FILED A CASE AT RTC TO ANNUL CFI JUDGMENT. CA DISMISSED THE CASE. PETITIONERS’ ACTION IS NOT PROPER. THE RTC CANNOT ANNUL THE JUDGMENT OF AN EQUAL COURT. PETITIONERS SHOULD EITHER FILE A CASE OF RECONVEYANCE OR A CASE AT CA FOR ANNULMENT OF JUDGMENT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

MONDEJAR FALSIFIED MINUTES OF SESSION OF SANGGUNIANG PANLALAWIGAN. AS A RESULT HE WAS ABLE TO ENTER INTO MOA WITH IBC WITH RESPECT TO THE CHANNELING OF TIGUM RIVER. THIS ALLOWED IBC TO GET SURPLUS SUPPLY OF SAND AND GRAVEL EXTRACTED FROM THE RIVER DESPITE NOT HAVING A PERMIT AND NOT PAYING FEES AND TAXES. THIS IS GROSSLY DISADVANTAGEOUS TO THE GOVT.

HOW IS FALSIFICATION OF PUBLIC DOCUMENT COMMITTED?

WHEN THE PUBLIC DOCUMENT IS SIMULATED IN A MANNER AS TO GIVE IT THE APPEARANCE OF A TRUE AND GENUINE INSTRUMENT, THUS, LEADING OTHERS TO ERRORS AS TO ITS AUTHENTICITY.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT IS THE MAIN RULINGS IN THIS CASE?

MARIA, AMONG OTHER GROUNDS, ALLEGED SEXUAL INFEDILITY AND ABANDONMENT. THERE ARE NOT SUFFICIENT GROUNDS.

FAILURE TO MEET RESPONSIBILITIES AND DUTIES AS MARRIED PERSONS ARE NOT SUFFICIENT GROUNDS.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

MEL CHANGCO CLAIMED THAT SHE WAS A REGULAR EMPLOYEE OF ABS-CBN. THE LATTER CLAIMS THAT MEL WAS AN INDEPENDENT CONTRACTOR. THE SUPREME COURT, SPEAKING THROUGH JUSTICE ZALAMEDA, SAID MEL WAS AN INDEPENDENT CONTRACTOR BECAUSE SHE PERFORMED THE JOB ACCORDING TO HER OWN MANNER AND METHOD, FREE FROM THE NETWORK’S CONTROL. FURTHER SHE POSSESSED UNIQUE SKILLS, EXPERTISE OR TALENT WHICH LED ABS CBN TO HIRE HER. SUCH FACT IS A PERSUATIVE ELEMENT PROVING THAT SHE IS AN INDEPENDENT CONTRACTOR.

IS POSSESSION OF UNIQUE SKILLS, EXPERTISE AND TALENT CONCLUSIVE IN DETERMINING WHETHER ONE IS AN INDEPENDENT CONTRACTOR?

NOT CONCLUSIVE BUT INDICATIVE.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE CTA ISSUED A RESOLUTION WHICH ENJOINED THE COMMISSIONER OF INTERNAL REVENUE FROM COLLECTING THE DEFICIENCY TAXES AGAINST QLDI ON THE GROUND THAT THE RIGHT TO COLLECT THE ASSESSED DEFICIENCT TAXES HAD ALREADY EXPIRED.  CIR FILED A PETITION FOR INJUNCTION TO RESTRAIN CTA’S ORDER. SUPREME COURT SAID CTA ORDER HAS LEGAL BASIS. CIR FAILED TO SHOW THE MATERIAL AND SUBSTANTIAL INVATION OF A RIGHT SOUGHT TO BE PROTECTED.

CIR ARGUES THAT CTA HAS NO POWER TO ISSUE WRIT OF INJUNCTION AND PROHIBITION BUT ONLY SUSPEND COLLECTION OF TAXES. SUPREME COURT SAID THAT THE GENERAL RULE THAT INJUNCTION IS NOT AVAILABLE TO RESTRAIN COLLECTION OF TAXES ADMITS OF AN EXCEPTION: WHEN COLLECTION MAY JEOPARDIZE THE INTEREST OF THE GOVERNMENT OR THE TAXPAYER.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.