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CASE 2020-33: IN THE MATTER OF THE PETITION FOR WRIT OF AMPAROAND WRIT OF HABEAS CORPUZ IN FAVOR OF ALICIA JASPER LUCENA; RELISSA SANTOS LUCENA AND FRANCIS B. LUCENA VS. SARAH ELAGO, KABATAAN PARTY LIST REPRESENTATIVE; ALEX DANDAY, NATIONAL SPOKEPERSON OF ANAKBAYAN, CHARY DELOS REYES, BIANCA GACOS, JAY ROVEN BALAIS VILLAFUERTE, MEMBERS AND RECRUITERS OF ANAK BAYAN; AND ATTY. MARIA KRISTINA CONTI (G.R. NO. 252120, SEPTEMBER 15 2020, PERALTA, J.) (SUBJECT/S: WRIT OF AMPARO; WRIT OF HABEAS CORPUS)

DISPOSITIVE:

IN VIEW WHEREOF, the prayers for the issuance of the writs of amparo and habeas corpus are hereby DENIED. The instant petition is DISMISSED.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT DOES WRIT OF AMPARO COVER?

ONLY EXTRA-JUDICIAL KILLINGS AND ENFORCED DISAPPEARANCES.

REASON OF THE COURT IN NOT GRANTING WRIT OF AMPARO AND HABEAS CORPUS?

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CASE 2020-0032: ATTY. BRYAN S. LIM AND NESTOR R. WONG  VS. ATTY. JOSE C. TABILIRAN JR. (A.C. NO. 10793, SEPTEMBER 16, 2020, PERLAS-BERNABE, J.) (SUBJECT/S: DUTIES OF NOTARY PUBLIC)

DISPOSITIVE:

  SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

CAN A NOTARY PUBLIC NOTARIZE A DEED OF SALE EXECUTED BY HIS SON?

NO, AS EXPLAINED BY THE COURT:

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CASE 2020-0031: HENRIETTA PICZON-HERMOSO AND BEZALEL PICSON HERMOSO VS. ATTY. SYLVESTER C. PARADO (A.C. NO. 8116, SEPTEMBER 16, 2020, PERLAS-BERNABE, J.) (SUBJCET/S: NOTARIAL PRACTICE)

DISPOSITIVE:

WHEREFORE, the Court finds respondent Atty. Sylvester C. Parado GUILTY of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. Accordingly, the Court hereby SUSPENDS him from the practice of law for a period of two (2) years; PROHIBITS him from being commissioned as a notary public for a period of two (2) years; and REVOKES his incumbent comm1ss10n as a notary public, if any. He is WARNED that a repetition of the same offense or similar acts in the future shall be dealt with more severely. The suspension from the practice of law, the prohibition from being commissioned as notary public, and the revocation of his notarial commission, if any, shall take effect immediately upon receipt of this Decision by Atty. Parado. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.

Let copies of this Decision be furnished to the Office of the Bar Confidant to be appended to Atty. Parado’s personal record as an attorney; the Integrated Bar of the Philippines for its information and guidance; and the Office of the Court Administrator for circulation to all courts in the country.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

ATTY. PARADO NOTARIZED A DOCUMENT EVEN THOUGH THOUGH THE PARTIES WERE NOT PRESENT. ALSO, ATTY PARADO DID NOT FILE ANSWER TO THE COMPLAINT FILED AGAINST HIM. FURTHER, HE WAS NOT COMMISSIONED AS NOTARY PUBLIC WHEN HE NOTARIZED SUBJECT DEEDS.

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CASE 2020-30: VALENTINO C. LEANO VS. ATTY. HIPOLITO C. SALATAN (A.C. NO. 12551, JULY 8, 2020, INTING, J.) (SUBJECT/S: NOTARIAL PRACTICE)

DISPOSITIVE:

“WHEREFORE, The Court finds respondent ATTY. HIPOLITO C. SALATAN GUILTY of violating the 2004 Rules on Notarial Practice and the Code of professional Responsibility.  Accordingly, his Notarial Commission, if still existing, in REVOKED, and he is hereby PERPETUALLY DISQUALIFIED  fron being reappointed as Notary Public. Respondent ATTY. HIPOLITO C. SALATAN is likewise SUSPENDED from the practice of law for a period of I (1 ) year effective immediately.

Let copies of this DECISION be furnished the Office of the Bar Confidant to be appended to Responded ATTY. HIPOLITO C. SALATAN personal record, and the Office of Court Administrator and the Integrated Bar of the Philippines for their information and guidelines.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

THE NOTARY PUBLIC LEFT BLANK THE PROOF OF IDENTITY ON THE NOTARIZED DOCUMENT. THIS PROVES THAT THE NOTARY PUBLIC DID NOT PROPERLY IDENTIFY THE PERSON SIGNING THE NOTARIZED DOCUMENT.

WHAT SHOULD HAVE BEEN THE REMEDY?

IT APPEARS FROM THE DECISION THAT THERE SHOULD BE AN ALLEGATION THAT THE PERSON SIGNING THE DOCUMENT IS PERSONALLY KNOWN TO THE NOTARY PUBLIC. THE REQUIREMENT OF COMPETENT PROOF OF IDENTITY MAY BE DISPENSED WITH.

THE NOTARY PUBLIC DELEGATED THE RECORDING OF HIS NOTARIZED DOCUMENTS IN THE NOTARIAL REGISTER. IS THIS PROPER?

NO BECAUSE A NOTARY PUBLIC IS PERSONALLY ACCOUNTABLE FOR ALL ENTRIES IN HIS NOTARIAL REGISTER.

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CASE 2020-29: ABOITIZ POWER RENEWABLES, INC./TIWI CONSOLIDATED UNION (APRI-TCU) ON BEHALF OF FE R. RUBIO, MA. VICTORIA A. BELMES, ELEANORE D. DALDE, RICARDO B. COMPETENTE, AND VICENTE A. MIRNDILLA; APRI-TIWI EMPLOYEES LABOR UNION (APRI-TIELU) ON BEHALF OF VIRGILIO G. MACINAS, ROY D. DACULLO, ARNEL C. REPOTENTE, AND JAIME B. SARILLA; AND APRI-TIWI GEOTHERMAL POWER PLANT PROFESSIONAL/TECHNICAL EMPLOYEES UNION-DIALOGWU (APRI-TGPPPTEU-D) ON BEHALF OF VENER I. DELA ROSA, ARVID G. MUNI, ALVIN Y. SALONGA, ALVIN M. ENGUERO, MA. BLANCA M. ENGUERO, MA. BLANCA I. FALCON, AND SALVE V. LIZARDO, VS. ABOITIZ POWER RENEWABLES, INC., MICHAEL B. PIERCE, ATTY. MARTIN JOHN YASAY, JUAN FELIPE ALFONSO, ARNEL SUMAGUI, WILFREDO G. SARMAGO, AND ROBERTO L. URBANO, (G.R. NO. 237036, JULY 8, 2020, DELOS-SANTOS, J.)

DISPOSITIVE:

“WHEREFORE, premises considered, the petition is DENIED.  The Decision of the Court of Appeals in CA-GR Sp No. 141100 dated February 21, 2017 and the Resolution dated January 11, 2018 are hereby AFFIRMED.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT IS THE RULE WHEN EVIDENCE IS CLEAR IN SUPPORT OF THE DECISION OF THE LABOR ARBITER, NLRC AND COURT OF APPEALS?

UNANIMOUS FINDINGS OF THE THREE TRIBUNALS (LABOR ARBITER, NLRC AND CA) ARE BINDING UPON THE SUPREME COURT.

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CASE 2020-28: EDDA V. HENSON VS. COMMISSION ON AUDIT (G.R. NO. 230185, JULY 7, 2020, HERNANDO, J.) (SUBJECT/S: NOTICE OF DISALLOWANCE)

DISPOSITIVE:

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

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CASE 2020-27: FREDIEROSE TAMBOA y LADAY VS. PEOPLE OF THE PHILIPPINES (G.R. NO. 248264, JULY 27, 2020, PERLAS-BERNABE, J.) (SUBJECT/S: APPEAL SET ASIDE DUE TO NEGLIGENCE OF COUNSEL AND MERIF OF APPEAL)

DISPOSITIVE:

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS IS AN INTERESTING CASE. COURT OF APPEALS RULED THAT ACCUSED WAS GUILTY. ITS DECISION BECAME FINAL. BUT SUPREME COURT SET ASIDE SUCH FINAL JUDGMENT BECAUSE OF THE NEGLIGENCE OF COUNSEL BY NOT FILING APPELLANT’S BRIEF AND ALSO DUE TO THE MERIT OF THE APPEAL. ARRESTING OFFICER DID NOT FOLLOW THE CHAIN OF CUSTODY RULE.

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CASE 2020-0026: ENGINEERING CONSTRUCTION CORPORATION OF ASIA (now FIRST BALFOUR INCORPORATED) VS. SEGUNDINO PALLE, FELIX VELOSA, ALBERTO PAMPANGA, RANDY GALABO, MARCO GALAPIN, and GERARDO FELICITAS (G.R. NO. 201247, JULY 13, 2020, HERNANDO, J.) (SUBJECT/S: LABOR LAW; TERMINATION OF PROJECT NOT GROUND FOR TERMINATION OF REGULAR EMPLOYEE)

DISPOSITIVE:

       

“ACCORDINGLY, the instant Petition is DENIED.  The assailed September 13, 2011 DECISION and the March 22, 2012 Resolution of the Court of Appeals in CA G.R. SP No. 114599 are hereby AFFIRMED with MODIFICATION that interest at the rate of six percent (6%) per annum is imposed on all, monetary award from the finality of this DECISION until fully paid.  No pronouncement as to the costs.

      

  So Ordered.”

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CASE 07: PEOPLE OF THE PHILIPPINES VS. EMMA LEOCADIO Y SALAZAR AND SHERRYL LEOCADIO Y SALAZAR (G.R. NO. 237697, JULY 15, 2020, PERALTA, C.J.) (SUBJECT/S: TRAFFICKING IN PERSONS)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT ARE THE ELEMENTS OF TRAFFICKING IN PERSONS?

THE ACCUSED ARGUED THAT EXCEPT FOR ONE THERE WAS NO INDECENT SHOWS PERFORMED BY THE VICTIMS, THUS THERE WAS NO TRAFFICKING. IS THEIR ARGUMENT CORRECT.

NO. THE MATERIAL FACT IS THAT THE PURPOSE OF THE PERPETRATORS IS TO ENGAGE THE VICTIMS IN PROSTITUTION OR SEXUAL EXPLOITATION.

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CASE 2020-0024: BRIG. GEN. MARCIAL A. COLLAO IN HIS CAPACITY AS COMMANDING GENERAL HEADQUARTERS AND HEAD QUARTERS SUPPORT GROUP, PHILIPPINE ARMY VS. MOISES ALBANIA (G.R. NO. 228905, JULY 15, 2020, PERALTA, C. J.) (SUBJECT/S: UNLAWFUL DETAINER; REJOINDER OF PARTIES)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

GEN. CABUSAO FILED A COMPLAINT FOR UNLAWFUL DETAINER AGAINST ALBANIA WHO WAS LESSEE IN PROPERTY OF PHILIPPINE ARMY. METC RULED IN FAVOR OF GENERAL CABUSAO. ON APPEAL RTC DISMISSED THE CASE ON THE GROUND THAT THE COMPLAINANT SHOULD BE PHILIPPINE ARMY BECAUSE GEN. CABUSAO DOES NOT STAND TO BE BENEFITED OR INJURED. IS RTC CORRECT?

NO. NON JOINDER OF INDISPENSABLE PARTY IS NOT A GROUND FOR DISMISSAL. RTC SHOULD HAVE ORDERED THE AMENDMENT OF THE PLEADINGS.

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CASE 08: NENITA KO VS. ATTY. LADIMIR IAN G. MADURAMENTE and ATTY MERCY GRACE L. MADURAMENTE (A.C. NO. 11118 Formerly CBD Case No. 08-2140, JULY 14, 2020, PER CURIAM) (SUBJECT/S: DISBARMENT)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

IN THIS CASE THE TWO LAWYERS WERE DISBARRED BY THE SUPREME COURT. SOME IMPORTANT LESSONS FOR LAWYERS:

FIRST, LAWYERS ARE DISCOURAGED FROM GOING INTO BUSINESS WITH CLIENTS; SECOND, NO INFLUENCE PEDDLING; THIRD, LAWYERS MUST NOT MINGLE THEIR CLIENT’S FUNDS WITH THEIR OWN FUNDS.

DO NOT ENGAGE IN BUSINESS TRANSACTIONS WITH CLIENTS

NO INFLUENCE PEDDLING:

DO NOT COMMINGLE FUNDS:

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DISPOSITIVE:

“WHEREFORE, the petition is DENIED. The Decision dated March 30, 2017 and the Resolution dated September 18, 2017 of the Court of Tax Appeals En Banc in CTA EB Nos. 1244 and 1345 are AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES:

DKS IS PERFORMING SERVICES TO FOREIGN CLIENTS. CAN DKS CLAIM INPUT TAX CREDITS FOR THESE SERVICES.

YES. BECAUSE WHILE THESE ARE VAT ZERO RATED THEY ARE STILL VAT COVERED BUT ONLY THEIR VAT RATE IS ZERO.

WHAT ARE THE REQUIREMENTS SO DKS CAN AVAIL OF SUCH INPUT VAT CREDITS?

FIRST, DKS MUST BE VAT-REGISTERED. SECOND THE FOREIGN CLIENTS MUST BE COMPANIES REGISTERED ABROAD. THIRD THEY MUST NOT ENGAGE IN BUSINESS IN THE PHILIPPINES.

DID DKS CLAIM SUCH VAT INPUT CREDITS?

NOT ALL BECAUSE DKS FAILED TO SUBMIT PROOFS THAT ALL OF THEIR FOREIGN CLIENTS ARE NOT DOING BUSINESS IN THE PHILIPPINES.

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DISPOSITIVE:

“WHEREFORE, the Petition is DENIED. The Decision dated May 23, 2018 and the Resolution dated June 20, 2019 of the Court of Appeals in CA-GR CV No. 107654 are AFFIRMED.

So Ordered.”

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DISPOSITIVE:

“WHEREFORE, the Petition for Review on Certiorari is DENIED.  The Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 132942, dated May 12, 2014 and August 11, 2014 respectively are hereby AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

PETITIONER DIAZ QUESTIONED THE LEGALITY OF THE SEARCH WARRANT BECAUSE IT DID NOT STATE THE NO. OF HER HOUSE WHICH IS NO. 172. SHE SAID THERE SHOULD BE SUFFICIENT DEFINITENESS. IS HER CONTENTION CORRECT?

NO. THERE WERE SKETCHES DRAWN AS WELL AS FLOOR PLAN CLEARLY INDICATING THE PLACE OF PETITIONER. THE RULE IS THAT A DESCRIPTION OF THE PLACE TO BE SEARCHED IS SUFFICIENT IF BY SUCH A DESCRIPTION THE OFFICER CAN ASCERTAIN AND IDENTIFY THE PLACE.

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DISPOSITIVE:

“WHEREFORE, the petition is GRANTED.  The Decision dated January 21, 2019 of the Court of Tax Appeals (CTA) En Banc in CTA EB No. 1656 (CTA Case No. 8899) is hereby REVERSED and SET ASIDE.

The case is REMANDED to the CTA-Second Division for its resolution on the merits, in accordance with the Decision.

So Ordered.”

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DISPOSITIVE:

“WHEREFORE, the appeal is GRANTED. The decision dated February 13, 2019 of the Court of Appeals in CA- G.R. CR HC No. 01366-MIN is hereby REVERSED and SET ASIDE.  Accordingly, accused-appellant RANILO S. SUAREZ is AQUITTED of Illegal Sale of Dangerous Drugs. The Director of the Bureau of Corrections is ordered to cause his immediate release, unless he is being lawfully held in custody for any other reason.

Let entry of judgment be issued immediately.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHY WAS THE ACCUSED ACQUITTED?

BECAUSE THERE WERE UNJUSTIFIED DEVIATIONS IN THE CHAIN OF CUSTODY RULE.

WHAT IS THE EFFECT OF THESE DEVIATIONS?

THE INTEGRITY AND EVIDENTIARY VALUE OF THE DRUGS PURPORTEDLY SEIZED WAS COMPROMISED.

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PLEASE DOWNLOAD THE FILE BELOW:

TRADEMARK CASE 0002-04 NOV 1992: G.R. NO. 71189- FABERGE INCORPORATED, PETITIONER, VS. THE INTERMEDIATE APPELLATE COURT AND CO BENG KAY, RESPONDENTS. (MELO, J.)

 

 DISPOSITIVE:

 

“WHEREFORE, the petition is hereby DISMISSED without pronouncement as to costs.

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER REGISTERED ITS TRADEMARK “BRUT” FOR AFTER SHAVE LOTION, SHAVING CREAM, DEODORANT, TALCUM POWER AND TOILET SOAP. LATER RESPONDENT REGISTERED ITS TRADEMARK “BRUTE” FOR BRIEFS. THE SUPREME COURT RULED THAT THESE MARKS ARE NOT CONFUSINGLY SIMILAR BECAUSE OF THE GLARING DISCREPANCIES BETWEEN THE PRODUCTS OF PETITIONER AND THAT OF RESPONDENT.

 

WHAT IS THE CENTRAL RULING OF THE COURT ON THIS CASE?

 

“The glaring discrepancies between the two products had been amply portrayed to such an extent that indeed, “a purchaser who is out in the market for the purpose of buying respondent’s BRUTE brief would definitely be not mistaken or misled into buying BRUT after shave lotion or deodorant” as categorically opined in the decision of the Director of Patents relative to the inter-partes case. (supra, at page 7).”

 

PETITIONER SAID IT ALSO INTENDED TO USE ITS TRADEMARK ON “BRIEFS”. IS THIS GROUND VALID?

 

NO. ONLY THOSE PRODUCTS SPECIFIED IN THE CERTIFICATE ARE COVERED. SAID THE COURT:

 

“. . . . . . In as much as petitioner has not ventured in the production of briefs, an item which is not listed in its certificate of registration, petitioner can not and should not be allowed to feign that private respondent had invaded petitioner’s exclusive domain. To be sure, it is significant that petitioner failed to annex in its Brief the so-called “eloquent proof that petitioner indeed intended to expand its mark “BRUT” to other goods” (Page 27, Brief for the Petitioner; Page 202, Rollo). Even then, a mere application by petitioner in this aspect does not suffice and may not vest an exclusive right in its favor that can ordinarily be protected by the Trademark Law. In short, paraphrasing Section 20 of the Trademark Law as applied to the documentary evidence adduced by petitioner, the certificate of registration issued by the Director of Patents can confer upon petitioner the exclusive right to use its own symbol only to those goods specified in the certificate, subject to any conditions and limitations stated therein. . . . .”

 

TO READ THE DECISION, SEARCH THE CASE UNDER THE LAWPHIL PROJECT OF THE ARELLANO LAW FOUNDATION.

 

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TRADEMARK CASE 0001: 10 JAN 1953-G.R. NO. L-4531- ANG SI HENG AND SALUSTIANA DEE, PLAINTIFFS-APPELLANTS,  VS. WELLINGTON DEPARTMENT STORE, INC., BENJAMIN CHUA, S.R. MENDINUETO, AND FELIMON COSIO, DEFENDANTS-APPELLEES (LABRADOR, J.)

 

DISPOSITIVE:

 

“The judgment appealed from is, therefore, affirmed, with costs against the plaintiffs-appellants.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PLAINTIFFS REGISTERED FIRST THE THE TRADEMARK “WELLINGTON” FOR MANUFACTURING SHIRTS, PANTS, DRAWERS, AND OTHER ARTICLES OF WEAR FOR MEN, WOMEN, AND CHILDREN. LATER, DEFENDANTS REGISTERED THE TRADEMARK “WELLINGTON DEPARTMENT STORE” FOR THEIR BUSINESS. PLAINTIFFS ARGUE THAT  THE USE OF THE WORDS “WELLINGTON DEPARTMENT STORE” AS A BUSINESS NAME AND AS A CORPORATE NAME BY THE DEFENDANT-APPELLEE DECEIVES THE PUBLIC INTO BUYING DEFENDANT CORPORATION’S GOODS UNDER THE MISTAKEN BELIEF THAT THE NAMES ARE THE PLAINTIFF’S OR HAVE THE SAME SOURCE AS PLAINTIFFS’ GOODS, THEREBY RESULTING IN DAMAGE TO THEM. ON THE OTHER HAND DEFENDANTS ARGUE THAT PLAINTIFFS ARE ONLY MANUFACTURING SHIRTS, PANTS, DRAWERS AND OTHER ARTICLES OF WEAR WHILE THEY ARE SELLING HATS, SHOES,  TOYS, PERFUMES, BAGS WHICH ARE NOT MANUFACTURED OR SOLD BY PLAINTIFFS AND WHILE THEY ALSO SELL  APPARELS THESE ARE DIFFERENT FROM THOSE MANUFACTURED AND SOLD BY PLAINTIFFS. THE SUPREME COURT RULED  IN FAVOR OF THE DEFENDANTS AND DECLARED THERE WAS  NO INFRINGEMENT.

 

IS THERE A SIMILARITY BETWEEN THE TRADEMARK “WELLINGTON” AND “WELLINGTON DEPARTMENT STORE”?

 

YES.

 

IS THERE CONFUSION OR DECEPTION?

 

NO, BECAUSE “WELLINGTON DEPARTMENT STORE” IS A DEPARTMENT STORE WHILE THE TRADEMARK “WELLINGTON” IS NOT A DEPARTMENT STORE.

 

FURTHERMORE, THE NAME “WELLINGTON” IS ADMITTEDLY THE NAME OF THE TRADEMARK ON THE SHIRTS, PANTS, DRAWERS, AND OTHER ARTICLES OF WEAR FOR MEN, WOMEN AND CHILDREN, WHEREAS THE NAME USED BY THE DEFENDANT INDICATES NOT THESE MANUFACTURED ARTICLES OR ANY SIMILAR MERCHANDISE, BUT A DEPARTMENT STORE.

 

CAN THE PUBLIC BE SAID TO BE DECEIVED INTO THE BELIEF THAT THE GOODS BEING SOLD IN DEFENDANT’S STORE ORIGINATE FROM THE PLAINTIFFS?

 

NO  BECAUSE THE EVIDENCE SHOWS THAT DEFENDANT’S STORE SELLS NO SHIRTS OR WEAR BEARING THE TRADEMARK “WELLINGTON,” BUT OTHER TRADEMARKS.

 

FURTHER, NO EVIDENCE HAS BEEN SUBMITTED THAT CUSTOMERS OF THE PLAINTIFFS-APPELLANTS HAD ACTUALLY BEEN MISLED INTO PURCHASING DEFENDANT’S ARTICLES AND MERCHANDISE.

 

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TRADEMARK-0001-ANG SI HENG ET AL VS WELLINGTON DEPARTMENT STORE INC ET AL.doc 

 

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OMNIBUS GUIDELINES FOR THE IMPLEMENTATION OF COMMUNITY QUARANTINE IN THE PHILIPPINES

 

JUST CLICK THE FILE BELOW.

 

OMNIBUS GUIDELINES FOR IMPLEMENTATION OF COMMUNICTY QUARANTINE

 

STARTING 01 JUNE 2020 METRO MANILA WILL BE PLACED UNDER GENERAL COMMUNITY QUARANTINE FROM MODIFIED ENHANCED COMMUNITY QUARANTINE. SECTION 4 OF THE OMNIBUS GUIDELINES REFER TO GENERAL COMMUNITY QUARANTINE.

 

CASE 2020-0016: GOOD EARTH ENTERPRISES, INC. VS. DANILO GARCIA, ET AL. (G.R. NO. 238761. JANUARY 22, 2020) (BRIEF TITLE: GOOD EARTH VS GARCIA)

 

DISPOSITIVE:

 

DISPO

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED EJECTMENT CASE AGAINST RESPONDENTS IN MTC AND GOT FAVORABLE DECISION. MTC DECISION WAS APPEALED TO RTC WHICH AFFIRMED IT. BUT CA REVERSED THE MTC DECISION ON THE GROUND THAT WHEN THE CASE WAS FILED AT MTC, PETITIONER FAILED TO SUBMIT AUTHORITY FOR SIGNATORY TO SIGN VERIFICATION AND NON FORUM SHOPPING CERTIFICATION. SC REVERSED CA ON GROUND THAT A SECRETARY’S CERTIFICATE OF AUTHORITY WAS BELATEDLY FILED BY PETITIONER. BELATED FILING OF SUCH CERTIFICATE OF AUTHORITY IS ALLOWED.

 

BELATED FILING OF SECRETARY’S CERTIFICATE CONFIRMING AUTHORITY OF SIGNATORY IN A CASE.

 

CASE LAW PROVIDES THAT A PARTY’S BELATED SUBMISSION OF A SECRETARY’S CERTIFICATE CONSTITUTES SUBSTANTIAL COMPLIANCE WITH THE RULES AS IT OPERATE TO AFFIRM THE AUTHORITY OF THE DELEGATE TO REPREENT SUCH PARTY BEFORE THE COURTS.

 

DOCTRINE

 

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SCD-2020-0016-Good Earth Enterprises, Inc. Vs. Danilo Garcia, et al. 

 

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CASE 2020-0015: PEOPLE OF THE PHILIPPINES VS. JOCEL BAÑARES DE DIOS @ “TATA” (G.R. NO. 243664. JANUARY 22, 2020) (BRIEF TITLE: PEOPLE VS DE DIOS)

 

DISPOSITIVE:

 

DISPO

DISPO 2

 SUBJECTS/DOCTRINES/DIGEST:

 

IN THIS CASE THE INTEGRITY AND EVIDENTIARY VALUE OF THE CORPUS DELICTI HAVE BEEN PROPERLY PRESERVED. THUS APPELLANT’S CONVICTION MUST STAND.

 

DOCTRINE

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SCD-2020-0015-People of the Philippines Vs. Jocel Bañares De Dios @ “Tata”

 

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CASE 2020-0014: PEOPLE OF THE PHILIPPINES VS. R. LORENZ ESGUERRA Y BALIBER A.K.A. “RR” (G.R. NO. 243986. JANUARY 22, 2020) (BRIEF TITLE: PEOPLE VS R. LORENZ ESGUERRA)

 

 

DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

IDENTITY OF THE DANGEROUS DRUG MUST BE ESTABLISHED WITH MORAL CERTAINTY.

 

IDENTITY 

 

IN THIS CASE THE CHAIN OF CUSTODY OVER THE SEIZED DRUG REMAINED UNBROKEN.

 

CUSTODY

 

 

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SCD-2020-0014-People of the Philippines Vs. R. Lorenz Esguerra y Baliber a.k.a. “RR”

 

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CASE 2020-0013: SPOUSES AGERICO ABROGAR AND CARMELITA ABROGAR VS. LAND BANK OF THE PHILIPPINES (G.R. NO. 221046. JANUARY 22, 2020) (SUBJECT/S: WHEN COUNSEL’S NEGLIGENCE CAN BE USED TO IMPLORE LIBERAL APPLICATION OF RULES) (BRIEF TITLE: SPOUSES ABROGAR VS LAND BANK)

 

DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONERS OBTAINED LOAN FROM LAND BANK. IT DEFAULTED. TO AVOID FORECLOSURE PETITIONERS FILED A CASE IN RTC TO ENJOIN LAND BANK TO ALLOW THEM TO SETTLE. RTC DISMISSED THE CASE. PETITIONERS APPEALED TO CA BY WAY OF CERTIORARI. CA DISMISSED THE APPEAL ON THE GROUND OF WRONG APPEAL. IT SHOULD HAVE BEEN SIMPLE APPEAL AND NOT CERTIORARI. PETITIONERS SEEKS LIBERAL INTERPRETATION OF THE RULES BECAUSE THE MISTAKE WAS DUE TO THEIR LAWYER’S NEGLIGENCE. SC SAID PETITIONERS FAILED TO PROVE THAT THEIR LAWYER ACTED WITH MALICE AND THUS THEY CANNOT AVAIL OF THE LIBERAL INTERPRETATION OF THE RULES.

 

WHAT IS THE GENERAL RULE WITH REGARD’S TO LAWYER’S NEGLIGENCE?

 

THE NEGLIGENCE OF THE COUNSEL BINDS THE CLIENT.

 

IS THERE AN EXCEPTION TO THIS RULE?

 

YES, WHEN THE RECKLESS OR GROSS NEGLIGENCE OF THE COUNSEL DEPRIVES THE CLIENT OF DUE PROCESS OF LWAS BUT COUNSEL’S ERROR MUST BE SO PALPABLE AND MALICIOUSLY EXERCISED THAT IT WOULD VIABLY BE THE BASIS FOR DISCIPLINARY ACTION.

 

DOCTRINE

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SCD-2020-0013-Spouses Agerico Abrogar and Carmelita Abrogar Vs. Land Bank of the Philippines 

 

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CASE 2020-0012: MERIAM M. URMAZA VS. HON. REGIONAL PROCESUTOR NANNATUS CAESAR R. ROJA/HON. ASSISTANT PROVINCIAL PROSECUTOR JUDYLITO V. ULANDAY AND RAMON TORRES DOMINGO (G.R. NO. 240012. JANUARY 22, 2020) (SUBJECT/S: PROCEDURE IN APPEALING RESOLUTIONS OF THE PROVINCIAL AND CITY PROSECUTORS; ORAL DEFAMATION; INTRIGUING AGAINST HONOR) (BRIEF TITLE: URMANZA VS REGIONAL PROSECUTOR ROJA ET AL)

 

DISPOSITIVE:

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED AT THE PROVINCIAL PROSECUTOR’S OFFICE A CASE FOR ORAL DEFAMATION AND INTRIGUING AGAINST HONOR. THE PROSECUTOR DISMISSED THE CASES  FOR INSUFFICIENCY OF EVIDENCE. PETITIONER FILED AN APPEAL WITH THE OFFICE OF THE REGIONAL PROSECUTOR WHO ALSO DISMISSED THE APPEAL. PETITIONER THEN FILED PETITION FOR CERTIORARI AT CA. CA DISMISSED PETITION FOR BEING FILED INCORRECTLY AT CA. IT SHOULD HAVE BEEN FILED AT DOJ. SUPREME COURT AFFIRMED RULING OF CA BUT STILL RULED ON THE MERITS. ACCORDING TO THE SUPREME COURT THERE WAS INSUFFICIENT EVIDENCE.

 

WHAT IS THE APPEAL PROCEDURE FROM RESOLUTION OF THE PROVINCIAL PROSECUTOR OR CITY PROSECUTOR?

 

PROCEDURE 1

PROCEDURE 2

 

WAS CA CORRECT IN DISMISSING THE PETITION?

 

CA COULD HAVE GIVEN  THE PETITION DUE COURSE BECAUSE THE RESOLUTION OF THE REGIONAL PROSECUTOR IS FINAL, MEANING THE DISPUTE  CAN NOW BE RAISED  IN COURT. BUT PETITION DID NOT STATE THE DATE WHEN SHE RECEIVED COPY OF THE RESOLUTION DENYING HER MOTION FOR RECON. THUS, THE PETITION WAS STILL DEFECTIVE AND COULD BE DISMISSED. YET THE SUPREME COURT PROCEEDED TO RULE ON THE MERITS.

  

WHAT IS ORAL DEFAMATION AND INTRIGUING AGAINST HONOR?

 

ORAL 1

ORAL 2

 WAS THERE SUFFICIENT EVIDENCE (CONSTITUTING PROBABLE CAUSE) TO INDICT RESPONDENT IN THE CRIMINAL COMPLAINT FOR INTRIGUING AGAINST HONOR AND ORAL DEFAMATION?

 

NO SUFFICIENT EVIDENCE.

 

EVIDENCE

 

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SCD-2020-0012-Meriam M. Urmaza Vs. Hon. Regional Procesutor Nannatus Caesar R. Roja, Hon. Assistant Provincial Prosecutor Judylito V. Ulanday and Ramon Torres Domingo 

 

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CASE 2020-0011: PRIME STARS INTERNATIONAL PROMOTION CORPORATION AND RICHARD U. PERALTA VS. NORLY M. BAYBAYAN AND MICHELLE V. BELTRAN (G.R. NO. 213961. JANUARY 22, 2020) (SUBJECT/S: RESIGNATION CONTRADICTED BY FILING COMPLAINT; NO DIMINUTION OF BENEFITS IN OFW EMPLOYMENT CONTRACT APPROVED BY DOLE; RECRUITER SOLIDARILY LIABLE) (BRIEF TITLE: PRIME STARS ET AL VS BAYBAYAN ET AL.)

 DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

PETITIONER ARGUES THAT RESPONDENT BELTRAN VOLUNTARILY PRE-TERMINATED HIS EMPLOYMENT AGREEMENT BY SIGNING A MUTUAL CONTRACT ANNULMENT AGREEMENT. IS THIS CONTENTION CORRECT?

 

NO BECAUSE THIS THE FILING OF A COMPLAINT AT NLRC IS INCONSISTENT WITH RESIGNATION.

 

EXECUTION OF RESIGNATION

 

PETITIONER SAID THAT SINCE THEY ALREADY PRESENTED EVIDENCE OF RESIGNATION THE BURDEN OF PROOF NOW LIES WITH BELTRAN. IS THIS CORRECT?

 

NO, THE BURDEN IS WITH THE EMPLOYER STILL. THE ALLEGED RESIGNATION IS AMBIGUOUS AND DOUBTFUL.

 

BURDEN OF PROVING

 

PETITIONERS CONTEND THAT  RESPONDENTS SIGNED AN ADDENDUM WHICH ALTERED THEIR EMPLOYMENT CONTRACT APPROVED BY POEA. THEREFORE THEY ARE BOUND BY THE ADDENDUM. IS THIS CONTENTION CORRECT?

 

NO BECAUSE THE LABOR CODE AND POEA RULES PROHIBIT DIMINUTION OF BENEFITS AND  ALTERATION OF EMPLOYMENT CONTRACTS APPROVED BY DOLE.

 

NO ALTERATION

 

IS THE RECRUITER, PRIME STARS, LIABLE?

 

YES. UNDER R.A. 8042 THE RECRUITER IS SOLIDARILY LIABLE WITH THE  FOREIGN EMPLOYER.

 

SOLIDARY 1 

SOLIDARY 2

  

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SCD-2020-0011-Prime Stars International Promotion Corporation and Richard U. Peralta Vs. Norly M. Baybayan and Michelle V. Beltran

 

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CASE 2020-0010: MICHAEL ADRIANO CALLEON VS. HZSC REALTY CORPORATION, ET AL. (G.R. NO. 228572. JANUARY 27, 2020) (BRIEF TITLE: CALLEON VS. HZSC REALTY CORP.)

 

DISPOSITIVE:

 

DISPO

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED HIS PETITION FOR CERTIORARI AT CA FROM AN NLRC DECISION SUSTAINING THE LABOR’S ARBITER DECISION FINDING PETITIONER LIABLE. IN HIS PETITION, PETITIONER ARGUES THAT IN THE ABSENCE OF MALICE OR BAD FAITH, HE SHOULD NOT BE HELD SOLIDARILY LIABLE WITH RESPONDENT CORPORATION. CA SUSTAINED NLRC. PETITIONER FILED MOTION FOR RECONSIDERATION. CA DENIED SAID MOTION IT ON THE GROUND THAT THE MOTION WAS FILED LATE COUNTING FROM DATE THE PETITIONER PERSONALLY RECEIVED A COPY OF THE DECISION OF CA.  SUPREME COURT SAID THE COUNTING OF THE APPEAL PERIOD MUST BE BASED ON THE DATE COUNSEL RECEIVED A COPY OF THE RESOLUTION OF C.A. THUS SC REMANDED THE CASE TO THE CA FOR FURTHER PROCEEDINGS.

 

WHY SHOULD THE DATE BE COUNTED FROM THE DATE COUNSEL RECEIVED COPY OF NOTICE AND NOT FROM DATE PARTY RECEIVED COPY?

 

BECAUSE THE PARTIES GENERALLY HAVE NO KNOWLEDGE OF THE RULES OF PROCEDURE OR MECHANICS OF AN APPEAL OR AVAILMENT OF LEGAL REMEDIES.

 

DOCTRINE

 

 

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SCD-2020-0010-Michael Adriano Calleon Vs. HZSC Realty Corporation, et al.

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REPUBLIC ACT NO. 11469: AN ACT DECLARING THE EXISTENCE OF A NATIONAL EMERGENCY ARISING FROM THE CORONA VIRUS DISEASE 2019 (COVID-19) SITUATION AND A NATIONAL POLICY IN CONNECTION THEREWITH, AND AUTHORIZING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT TO RESTRICTIONS, TO EXERCISE POWERS NECESSARY AND PROPER TO CARRY OUT THE DECLARED NATIONAL POLICY AND FOR OTHER PURPOSES.

 

WHAT IS THE SHORT TITLE OF THE LAW?
BAYANIHAN TO HEAL AS ONE ACT.
WHAT IS BEING DECLARED IN THIS LAW?
A STATE OF NATIONAL EMERGENCY IS BEING DECLARED OVER THE ENTIRE COUNTRY.

 

WHAT ARE THE REASONS FOR THIS DECLARATION OF NATIONAL EMERGENCY?

 

THESE REASONS ARE:

 

– THE CONTINUING RISE OF CONFIRMED CASES OF COVID-19;
– THE SERIOUS THREAT TO THE HEALTH, SAFETY, SECURITY, AND LIVES OF OUR COUNTRYMEN;
– THE LONG-TERM ADVERSE EFFECTS ON THEIR MEANS OF LIVELIHOOD; AND
– THE SEVERE DISRUPTION OF ECONOMIC ACTIVITIES.

 

UNDER THE DECLARATION OF POLICY WHAT ARE THE TASKS TO BE DONE?
(A) MITIGATE, IF NOT CONTAIN, THE TRANSMISSION OF COVID-19;

 

(B) IMMEDIATELY MOBILIZE ASSISTANCE IN THE PROVISION OF BASIC NECESSITIES TO FAMILIES AND INDIVIDUALS AFFECTED BY THE IMPOSITION OF COMMUNITY QUARANTINE, ESPECIALLY INDIGENTS AND THEIR FAMILIES;

 

(C) UNDERTAKE MEASURES THAT WILL PREVENT THE OVERBURDENING OF THE HEALTHCARE SYSTEM;

 

(D) IMMEDIATELY AND AMPLY PROVIDE HEALTHCARE, INCLUDING MEDICAL TESTS AND TREATMENTS, TO COVID-19 PATIENTS, PERSONS UNDER INVESTIGATION (PUIS), OR PERSONS UNDER MONITORING (PUMS);

 

(E) UNDERTAKE A PROGRAM FOR RECOVERY AND REHABILITATION, INCLUDING A SOCIAL AMELIORATION PROGRAM AND PROVISION OF SAFETY NETS TO ALL AFFECTED SECTORS;

 

(F) ENSURE THAT THERE IS SUFFICIENT, ADEQUATE AND READILY AVAILABLE FUNDING TO UNDERTAKE THE FOREGOING;

 

(G) PARTNER WITH THE PRIVATE SECTOR AND OTHER STAKEHOLDERS TO DELIVER THESE MEASURES AND PROGRAMS QUICKLY AND EFFICIENTLY; AND

 

(H) PROMOTE AND PROTECT THE INTERESTS OF ALL FILIPINOS.

 

WHAT IS NEEDED TO ACCOMPLISH THESE TASKS?

 

TO GRANT THE PRESIDENT AUTHORITY SUBJECT TO SUCH LIMITATIONS AS PROVIDED IN THIS LAW.
WHAT POWER IS GIVEN TO THE PRESIDENT UNDER THIS LAW?

 

THE POWER TO ADOPT THE FOLLOWING TEMPORARY EMERGENCY MEASURES TO RESPOND TO CRISIS BROUGHT BY THE PANDEMIC:
(a) FOLLOWING WORLD HEALTH ORGANIZATION GUIDELINES AND BEST PRACTICES, ADOPT AND IMPLEMENT MEASURES TO PREVENT OR SUPPRESS FURTHER TRANSMISSION AND SPREAD OF COVID-19 THROUGH EFFECTIVE EDUCATION, DETECTION, PROTECTION, AND TREATMENT;

 

(b) EXPEDITE AND STREAMLINE THE ACCREDITATION OF TESTING KITS AND FACILITATE PROMPT TESTING BY PUBLIC AND DESIGNATED PRIVATE INSTITUTIONS OF PUIS AND PUMS, AND THE COMPULSORY AND IMMEDIATE ISOLATION AND TREATMENT OF PATIENTS: PROVIDED, THAT THE COST OF TREATMENT FOR COVID-19 PATIENTS SHALL BE COVERED UNDER THE NATIONAL HEALTH INSURANCE PROGRAM OF THE PHILIPPINE HEALTH INSURANCE CORPORATION;

 

(c) PROVIDE AN EMERGENCY SUBSIDY TO AROUND EIGHTEEN (18) MILLION LOW INCOME HOUSEHOLDS: PROVIDED, THAT THE SUBSIDY SHALL AMOUNT TO A MINIMUM OF FIVE THOUSAND PESOS (₱5,000.00) TO A MAXIMUM OF EIGHT THOUSAND PESOS (₱8,000.00) A MONTH FOR TWO (2) MONTHS: PROVIDED, FURTHER, THAT THE SUBSIDY SHALL BE COMPUTED BASED ON THE PREVAILING REGIONAL MINIMUM WAGE RATES: PROVIDED, FINALLY, THAT THE SUBSIDY RECEIVED FROM THE CURRENT CONDITIONAL CASH TRANSFER PROGRAM AND RICE SUBSIDY SHALL BE TAKEN INTO CONSIDERATION IN THE
COMPUTATION OF THE EMERGENCY SUBSIDY AS PROVIDED FOR IN THIS ACT;

 

(d) ENSURE THAT ALL PUBLIC HEALTH WORKERS ARE PROTECTED BY PROVIDING THEM WITH A “COVID-19 SPECIAL RISK ALLOWANCE”, IN ADDITION TO THE HAZARD PAY GRANTED UNDER THE MAGNA CARTA OF PUBLIC HEALTH WORKERS OR REPUBLIC ACT NO. 7305;

 

(e) DIRECT THE PHILIPPINE HEALTH INSURANCE CORPORATION (PHILHEALTH) TO SHOULDER ALL MEDICAL EXPENSES OF PUBLIC AND PRIVATE HEALTH WORKERS IN CASE OF EXPOSURE TO COVID-19 OR ANY WORK-RELATED INJURY OR DISEASE DURING THE DURATION OF THE EMERGENCY;

 

(f) PROVIDE COMPENSATION OF ONE HUNDRED THOUSAND PESOS (₱100,000.00) TO PUBLIC AND PRIVATE HEALTH WORKERS WHO MAY CONTRACT SEVERE COVID-19 INFECTION WHILE IN THE LINE OF DUTY PROVIDED, FURTHER, THAT A COMPENSATION OF ONE MILLION PESOS (₱1,000,000.00) SHALL BE GIVEN TO PUBLIC AND PRIVATE HEALTH WORKERS, WHO MAY DIE WHILE FIGHTING THE COVID-19 PANDEMIC PROVIDED, FINALLY, THAT THIS SHALL HAVE RETROACTIVE APPLICATION FROM FEBRUARY 1, 2020;

 

(g) ENSURE THAT ALL LOCAL GOVERNMENT UNITS (LGUS) ARE ACTING WITHIN THE LETTER AND SPIRIT OF ALL THE RULES, REGULATIONS AND DIRECTIVES ISSUED BY THE NATIONAL GOVERNMENT PURSUANT TO THIS ACT; ARE IMPLEMENTING STANDARDS OF COMMUNITY QUARANTINE CONSISTENT WITH WHAT THE NATIONAL GOVERNMENT HAS LAID DOWN FOR THE SUBJECT AREA, WHILE ALLOWING LGUS TO CONTINUE EXERCISING THEIR AUTONOMY IN MATTERS UNDEFINED BY THE NATIONAL
GOVERNMENT OR ARE WITHIN THE PARAMETERS IT HAS SET; AND ARE FULLY COOPERATING TOWARDS A UNIFIED, COHESIVE AND ORDERLY IMPLEMENTATION OF THE NATIONAL POLICY TO ADDRESS COVID-19: PROVIDED, THAT ALL LGUS SHALL BE AUTHORIZED TO UTILIZE MORE THAN FIVE PERCENT (5%) OF THE AMOUNT ALLOCATED FOR THEIR CALAMITY FUND SUBJECT TO ADDITIONAL FUNDING AND SUPPORT FROM THE NATIONAL GOVERNMENT;

 

(h) CONSISTENT WITH SECTION 17, ARTICLE XII OF THE CONSTITUTION, WHEN THE PUBLIC INTEREST SO REQUIRES, DIRECT THE OPERATION OF ANY PRIVATELY-OWNED HOSPITALS AND MEDICAL AND HEALTH FACILITIES INCLUDING PASSENGER VESSELS AND, OTHER ESTABLISHMENTS, TO HOUSE HEALTH WORKERS, SERVE AS QUARANTINE AREAS, QUARANTINE CENTERS, MEDICAL RELIEF AND AID DISTRIBUTION LOCATIONS, OR OTHER TEMPORARY MEDICAL FACILITIES; AND PUBLIC TRANSPORTATION TO FERRY HEALTH, EMERGENCY, AND FRONTLINE PERSONNEL AND OTHER PERSONS: PROVIDED, HOWEVER, THAT THE MANAGEMENT AND OPERATION OF THE FOREGOING ENTERPRISES SHALL BE RETAINED BY THE OWNERS OF THE ENTERPRISE, WHO SHALL RENDER A FULL ACCOUNTING TO THE PRESIDENT OR HIS DULY AUTHORIZED REPRESENTATIVE OF THE OPERATIONS OF THE UTILITY OR BUSINESS AS BASIS FOR APPROPRIATE COMPENSATION: PROVIDED, FURTHER, THAT REASONABLE COMPENSATION FOR ANY ADDITIONAL DAMAGE OR COSTS INCURRED BY THE OWNER OR THE POSSESSOR OF THE SUBJECT PROPERTY SOLELY ON ACCOUNT OF COMPLYING WITH THE DIRECTIVE SHALL BE GIVEN TO THE PERSON ENTITLED TO THE POSSESSION OF SUCH PRIVATE PROPERTIES
OR BUSINESSES AFTER THE SITUATION HAS STABILIZED OR AT THE SOONEST TIME PRACTICABLE: PROVIDED, FINALLY, THAT IF THE FOREGOING ENTERPRISES UNJUSTIFIABLY REFUSE OR SIGNIFY THAT THEY ARE NO LONGER CAPABLE OF OPERATING THEIR ENTERPRISES FOR THE PURPOSE STATED HEREIN, THE PRESIDENT MAY TAKE OVER THEIR OPERATIONS SUBJECT TO THE LIMITS AND SAFEGUARDS ENSHRINED IN THE CONSTITUTION;

 

(i) CONTINUE TO ENFORCE MEASURES TO PROTECT THE PEOPLE FROM HOARDING, PROFITEERING, INJURIOUS SPECULATIONS, MANIPULATION OF PRICES, PRODUCT DECEPTIONS, AND CARTELS, MONOPOLIES OR OTHER COMBINATIONS IN RESTRAINT OF TRADE, OR OTHER PERNICIOUS PRACTICES AFFECTING THE SUPPLY, DISTRIBUTION AND MOVEMENT OF FOOD, CLOTHING, HYGIENE AND SANITATION PRODUCTS, MEDICINE AND MEDICAL SUPPLIES, FUEL, FERTILIZERS, CHEMICALS, BUILDING MATERIALS, IMPLEMENTS, MACHINERY EQUIPMENT AND SPARE PARTS REQUIRED IN AGRICULTURE, INDUSTRY AND OTHER ESSENTIAL SERVICES, AND OTHER ARTICLES OF PRIME NECESSITY, WHETHER IMPORTED OR LOCALLY PRODUCED OR MANUFACTURED;

 

(j) ENSURE THAT DONATION, ACCEPTANCE AND DISTRIBUTION OF HEALTH PRODUCTS INTENDED TO ADDRESS THE COVID-19 PUBLIC HEALTH EMERGENCY ARE NOT UNNECESSARILY DELAYED AND THAT HEALTH PRODUCTS FOR DONATION DULY CERTIFIED BY THE REGULATORY AGENCY OR THEIR ACCREDITED THIRD PARTY FROM COUNTRIES WITH ESTABLISHED REGULATION SHALL AUTOMATICALLY BE CLEARED: PROVIDED, THAT THIS SHALL NOT APPLY TO HEALTH
PRODUCTS WHICH DO NOT REQUIRE A CERTIFICATION OR CLEARANCE FROM FOOD AND DRUG ADMINISTRATION (FDA);

 

(k) UNDERTAKE THE PROCUREMENT OF THE FOLLOWING AS THE NEED ARISES, IN THE MOST EXPEDITIOUS MANNER, AS EXEMPTIONS FROM THE PROVISIONS OF REPUBLIC ACT NO. 9184 OR THE “GOVERNMENT PROCUREMENT REFORM ACT” AND OTHER RELEVANT LAWS:

 

(1) GOODS, WHICH MAY INCLUDE PERSONAL PROTECTIVE EQUIPMENT SUCH AS GLOVES, GOWNS, MASKS, GOGGLES, FACE SHIELDS, SURGICAL EQUIPMENT AND SUPPLIES; LABORATORY EQUIPMENT AND ITS REAGENTS; MEDICAL EQUIPMENT AND DEVICES; SUPPORT AND MAINTENANCE FOR LABORATORY AND MEDICAL EQUIPMENT, SURGICAL EQUIPMENT AND SUPPLIES; MEDICAL SUPPLIES, TOOLS, AND CONSUMABLES SUCH AS ALCOHOL, SANITIZERS, TISSUE, THERMOMETERS, HAND SOAP, DETERGENT, SODIUM HYDROCHLORIDE, CLEANING MATERIALS, POVIDONE IODINE, COMMON MEDICINES (E.G., PARACETAMOL TABLET AND SUSPENSION, MEFENAMIC ACID, VITAMINS TABLET AND SUSPENSION, HYOSCINE TABLET AND SUSPENSION, ORAL REHYDRATION SOLUTION, AND CETIRIZINE TABLET AND SUSPENSION); TESTING KITS, AND SUCH OTHER SUPPLIES OR EQUIPMENT AS MAY BE DETERMINED BY THE DOH AND OTHER RELEVANT GOVERNMENT AGENCIES: PROVIDED, THAT THE DOH SHALL PRIORITIZE THE ALLOCATION AND DISTRIBUTION OF THE AFORESAID GOODS, SUPPLIES AND OTHER RESOURCES TO THE FOLLOWING:

 

i. PUBLIC HEALTH FACILITIES IN THE REGIONS, PROVINCES, OR CITIES, THAT ARE DESIGNATED AS COVID-19 REFERRAL HOSPITALS, SUCH AS, BUT NOT LIMITED TO, PHILIPPINE GENERAL HOSPITAL, LUNG CENTER OF THE PHILIPPINES, AND DR. JOSE N. RODRIGUEZ MEMORIAL HOSPITAL;

 

ii. PRIVATE HOSPITALS WHICH HAVE EXISTING CAPACITIES TO PROVIDE SUPPORT CARE AND TREATMENT TO COVID-19 PATIENTS; AND

 

iii. PUBLIC AND PRIVATE LABORATORIES THAT HAVE EXISTING CAPACITIES TO TEST SUSPECTED COVID-19 PATIENTS.

 

(2) GOODS AND SERVICES FOR SOCIAL AMELIORATION MEASURES IN FAVOR OF AFFECTED COMMUNITIES;

 

(3) LEASE OF REAL PROPERTY OR VENUE FOR USE TO HOUSE HEALTH WORKERS OR SERVE AS QUARANTINE CENTERS, MEDICAL RELIEF AND AID DISTRIBUTION LOCATIONS, OR TEMPORARY MEDICAL FACILITIES;

 

(4) ESTABLISHMENT, CONSTRUCTION, AND OPERATION OF TEMPORARY MEDICAL FACILITIES;

 

(5) UTILITIES, TELECOMMUNICATIONS, AND OTHER CRITICAL SERVICES IN RELATION TO OPERATION OF QUARANTINE CENTERS, MEDICAL RELIEF AND AID DISTRIBUTION CENTERS AND TEMPORARY MEDICAL FACILITIES; AND

 

(6) ANCILLARY SERVICES RELATED TO THE FOREGOING.

 

(l) PARTNER WITH THE PHILIPPINE RED CROSS, AS THE PRIMARY HUMANITARIAN AGENCY THAT IS AUXILIARY TO THE GOVERNMENT IN GIVING AID TO THE PEOPLE, SUBJECT TO REIMBURSEMENT, IN THE DISTRIBUTION OF GOODS AND SERVICES INCIDENTAL IN THE FIGHT AGAINST COVID-19;

 

(m) ENGAGE TEMPORARY HUMAN RESOURCES FOR HEALTH (HRH) SUCH AS MEDICAL AND ALLIED MEDICAL STAFF TO COMPLEMENT OR SUPPLEMENT THE CURRENT HEALTH WORKFORCE OR TO MAN THE TEMPORARY MEDICAL FACILITIES TO BE ESTABLISHED IN ACCORDANCE WITH SECTION 4 K(4) OF THIS ACT: PROVIDED, THAT HRH TO BE HIRED ON TEMPORARY BASIS SHALL RECEIVE THE APPROPRIATE COMPENSATION AND ALLOWANCES: PROVIDED, FURTHER, THAT ALL HRH SERVING IN THE FRONT LINE DURING THE STATE OF CALAMITY DUE TO COVID-19, SHALL RECEIVE AN ACTUAL HAZARD DUTY PAY FROM THE GOVERNMENT;

 

(n) ENSURE THE AVAILABILITY OF CREDIT TO THE PRODUCTIVE SECTORS OF THE ECONOMY ESPECIALLY IN THE COUNTRYSIDE THROUGH MEASURES SUCH AS, BUT NOT LIMITED TO, LOWERING THE EFFECTIVE LENDING RATES OF INTEREST AND RESERVE REQUIREMENTS OF LENDING INSTITUTIONS;

 

(o) LIBERALIZE THE GRANT OF INCENTIVES FOR THE MANUFACTURE OR IMPORTATION OF CRITICAL OR NEEDED EQUIPMENT OR SUPPLIES FOR THE CARRYING-OUT OF THE POLICY DECLARED HEREIN, INCLUDING HEALTHCARE EQUIPMENT AND SUPPLIES: PROVIDED, THAT IMPORTATION OF THESE EQUIPMENT AND SUPPLIES SHALL BE EXEMPT
FROM IMPORT DUTIES, TAXES AND OTHER FEES;

 

(p) ENSURE THE AVAILABILITY OF ESSENTIAL GOODS, IN PARTICULAR FOOD AND MEDICINE, BY ADOPTING MEASURES AS MAY REASONABLY BE NECESSARY TO FACILITATE AND/OR MINIMIZE DISRUPTION TO THE SUPPLY CHAIN, ESPECIALLY FOR BASIC COMMODITIES AND SERVICES TO THE MAXIMUM EXTENT POSSIBLE;

 

(q) REQUIRE BUSINESSES TO PRIORITIZE AND ACCEPT CONTRACTS, SUBJECT TO FAIR AND REASONABLE TERMS, FOR MATERIALS AND SERVICES NECESSARY TO PROMOTE THE HEREIN DECLARED NATIONAL POLICY;

 

(r) REGULATE AND LIMIT THE OPERATION OF ALL SECTORS OF TRANSPORTATION THROUGH LAND, SEA OR AIR, WHETHER PRIVATE OR PUBLIC;

 

(s) REGULATE TRAFFIC ON ALL ROADS, STREETS, AND BRIDGES, AND ACCESS THERETO; PROHIBIT PUTTING UP OF ENCROACHMENTS OR OBSTACLES; AUTHORIZE THE REMOVAL OF ENCROACHMENTS AND ILLEGAL CONSTRUCTIONS IN PUBLIC PLACES; AND PERFORM ALL OTHER RELATED ACTS;

 

(t) CONTINUE TO AUTHORIZE ALTERNATIVE WORKING ARRANGEMENTS FOR EMPLOYEES AND WORKERS IN THE EXECUTIVE BRANCH, AND WHENEVER IT BECOMES NECESSARY, IN OTHER INDEPENDENT BRANCHES OF GOVERNMENT AND CONSTITUTIONAL BODIES, AND THE PRIVATE SECTOR;

 

(u) CONSERVE AND REGULATE THE DISTRIBUTION AND USE OF POWER, FUEL, ENERGY AND WATER, AND ENSURE ADEQUATE SUPPLY OF THE SAME;

 

(v) NOTWITHSTANDING ANY LAW TO THE CONTRARY, DIRECT THE DISCONTINUANCE OF APPROPRIATED PROGRAMS, PROJECTS OR ACTIVITIES (P/A/P) OF ANY AGENCY OF THE EXECUTIVE DEPARTMENT, INCLUDING GOVERNMENT-OWNED OR -CONTROLLED CORPORATIONS (GOCCS), IN THE FYS 2019 AND 2020 GENERAL APPROPRIATIONS ACT (GAA), WHETHER RELEASED OR UNRELEASED, THE ALLOTMENTS FOR WHICH REMAIN UNOBLIGATED, AND UTILIZE THE SAVINGS GENERATED THEREFROM TO AUGMENT THE ALLOCATION FOR ANY ITEM DIRECTLY RELATED TO SUPPORT OPERATIONS AND RESPONSE MEASURES, WHICH ARE NECESSARY OR BENEFICIAL IN ORDER TO ADDRESS THE COVID-19 EMERGENCY, CONSISTENT WITH THE HEREIN DECLARED NATIONAL POLICY: PROVIDED, HOWEVER, THAT THE FOLLOWING ITEMS IN THE BUDGET SHALL BE PRIORITIZED FOR AUGMENTATION:

 

(1) UNDER THE DEPARTMENT OF HEALTH – OPERATIONAL BUDGETS OF GOVERNMENT HOSPITALS, PRIMARILY THOSE IDENTIFIED FOR TREATMENT OF COVID-19; PREVENTION AND CONTROL OF OTHER INFECTIOUS DISEASES; EMERGENCY PREPAREDNESS AND RESPONSE; QUICK RESPONSE FUND;

 

(2) UNDER THE UNIVERSITY OF THE PHILIPPINES – THE OPERATIONAL BUDGET OF THE PHILIPPINE GENERAL HOSPITAL;

 

(3) THE NATIONAL DISASTER RISK REDUCTION FUND OR CALAMITY FUND;

 

(4) PROGRAMS OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, SUCH AS BUT NOT LIMITED TO TULONG PANGHANAPBUHAY SA ATING DISADVANTAGED/DISPLACED WORKERS AND COVID-19 ADJUSTMENT MEASURES PROGRAM (CAMP);

 

(5) UNDER THE DEPARTMENT OF TRADE AND INDUSTRY – LIVELIHOOD SEEDING PROGRAM AND NEGOSYO SERBISYO SA BARANGAY;

 

(6) UNDER THE DEPARTMENT OF AGRICULTURE – RICE FARMERS FINANCIAL ASSISTANCE PROGRAM;

 

(7) UNDER THE DEPARTMENT OF EDUCATION – SCHOOL-BASED FEEDING PROGRAM;

 

(8) UNDER VARIOUS DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT PROGRAMS, SUCH AS BUT NOT LIMITED TO ASSISTANCE TO INDIVIDUALS IN CRISIS SITUATIONS (AICS), DISTRIBUTION OF FOOD AND NON-FOOD ITEMS, LIVELIHOOD ASSISTANCE GRANTS, AND SUPPLEMENTAL FEEDING PROGRAM FOR DAYCARE CHILDREN;

 

(9) UNDER ALLOCATIONS TO LOCAL GOVERNMENT UNITS;

 

(10) QUICK RESPONSE FUNDS LODGED IN THE VARIOUS RELEVANT DEPARTMENTS, SUCH AS, BUT NOT LIMITED TO THE DOH AND DSWD.

 

NOTWITHSTANDING THE PROVISIONS OF THIS ACT, THE DISCONTINUED PROGRAM, ACTIVITY OR PROJECT MAY BE REVIVED AT ANY TIME AFTER THE NATIONAL EMERGENCY HAS CEASED, AND NOTWITHSTANDING SECTION 67 OF
REPUBLIC ACT NO. 11465 OR THE “GENERAL APPROPRIATIONS ACT OF 2020”, MAY BE REVIVED AND PROPOSED FOR FUNDING WITHIN THE NEXT TWO (2) FISCAL YEARS;

 

(w) ANY UNUTILIZED OR UNRELEASED BALANCE IN A SPECIAL PURPOSE FUND, AS OF THE DATE OF DECLARATION OF A STATE OF EMERGENCY, SHALL BE CONSIDERED TO HAVE THEIR PURPOSE ABANDONED FOR THE DURATION OF THE STATE OF EMERGENCY. ALL SUCH UNSPENT, UNUTILIZED OR UNRELEASED MONEY OR FUNDS SOURCED FROM COLLECTIONS OR RECEIPTS, INCLUDING FUTURE COLLECTIONS AND RECEIPTS, SHALL BE UTILIZED AND ARE HEREBY APPROPRIATED FOR SUCH MEASURES TO ADDRESS THE COVID-19 SITUATION AND ACCOMPLISH THE DECLARED NATIONAL POLICY HEREIN;

 

(x) NOTWITHSTANDING ANY LAW TO THE CONTRARY, REPROGRAM REALLOCATE, AND REALIGN FROM SAVINGS ON OTHER ITEMS OF APPROPRIATIONS IN THE FY 2020 GAA IN THE EXECUTIVE DEPARTMENT, AS MAY BE NECESSARY AND BENEFICIAL TO FUND MEASURES THAT ADDRESS AND RESPOND TO THE COVID-19 EMERGENCY, INCLUDING SOCIAL AMELIORATION FOR AFFECTED COMMUNITIES, AND THE RECOVERY OF AREAS, SECTORS AND INDUSTRIES SEVERELY AFFECTED. ALL AMOUNTS SO REPROGRAMMED, REALLOCATED OR REALIGNED SHALL BE DEEMED AUTOMATICALLY APPROPRIATED FOR SUCH MEASURES TO ADDRESS THE COVID-19 SITUATION WITHIN THE PERIOD SPECIFIED UNDER SECTION 9 HEREOF;

 

(y) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ALLOCATE CASH, FUNDS, INVESTMENTS, INCLUDING UNUTILIZED OR UNRELEASED SUBSIDIES AND TRANSFERS, HELD BY ANY GOCC OR ANY NATIONAL GOVERNMENT AGENCY IN
ORDER TO ADDRESS THE COVID-19 EMERGENCY, AS DECLARED IN SECTION 3 HEREOF;

 

(z) MOVE STATUTORY DEADLINES AND TIMELINES FOR THE FILING AND SUBMISSION OF ANY DOCUMENT, THE PAYMENT OF TAXES, FEES, AND OTHER CHARGES REQUIRED BY LAW, AND THE GRANT OF ANY BENEFIT, IN ORDER TO EASE THE BURDEN ON INDIVIDUALS UNDER COMMUNITY QUARANTINE;

 

(aa) DIRECT ALL BANKS, QUASI-BANKS, FINANCING COMPANIES, LENDING COMPANIES, AND OTHER FINANCIAL INSTITUTIONS, PUBLIC AND PRIVATE, INCLUDING THE GOVERNMENT SERVICE INSURANCE SYSTEM, SOCIAL SECURITY SYSTEM AND PAG-IBIG FUND, TO IMPLEMENT A MINIMUM OF A THIRTY (30)-DAY GRACE PERIOD FOR THE PAYMENT OF ALL LOANS, INCLUDING BUT NOT LIMITED TO SALARY, PERSONAL, HOUSING, AND MOTOR VEHICLE LOANS, AS WELL AS CREDIT CARD PAYMENTS, FALLING DUE WITHIN THE PERIOD OF THE ENHANCED COMMUNITY QUARANTINE WITHOUT INCURRING INTERESTS, PENALTIES, FEES OR OTHER CHARGES, PERSONS WITH MULTIPLE LOANS SHALL LIKEWISE BE GIVEN THE MINIMUM THIRTY (30)-DAY GRACE PERIOD FOR EVERY LOAN;

 

(bb) PROVIDE FOR A MINIMUM OF THIRTY (30)-DAY GRACE PERIOD ON RESIDENTIAL RENTS FALLING DUE WITHIN THE PERIOD OF THE ENHANCED COMMUNITY QUARANTINE, WITHOUT INCURRING INTERESTS, PENALTIES, FEES, AND OTHER CHARGES;

 

(cc) IMPLEMENT AN EXPANDED AND ENHANCED PANTAWID PAMILYA PILIPINO PROGRAM, RESPONSIVE TO THE NEED POSED BY THE CRISIS, AND PROVISION OF AN ASSISTANCE PROGRAM, WHETHER IN CASH OR NON-CASH, WHICHEVER IS MORE PRACTICABLE, WHERE THE SECRETARY OF
SOCIAL WELFARE AND DEVELOPMENT, OR THE SECRETARY OF LABOR AND EMPLOYMENT, WHEN RELEVANT, SHALL TRANSFER CASH, CASH VOUCHER, OR GOODS THROUGH THE LGUS OR DIRECTLY TO HOUSEHOLDS WHO HAVE NO INCOMES OR SAVINGS TO DRAW FROM, INCLUDING HOUSEHOLDS WORKING IN THE INFORMAL ECONOMY AND THOSE WHO ARE NOT CURRENTLY RECIPIENTS OF THE CURRENT PANTAWID PAMILYA PILIPINO PROGRAM, OF AN AMOUNT ADEQUATE TO RESTORE CAPACITY TO PURCHASE BASIC FOOD AND OTHER ESSENTIAL ITEMS DURING THE DURATION OF THE QUARANTINE. TO CARRY OUT THIS SUBSECTION, THE SECRETARY OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT AND THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT MAY APPROVE THE TEMPORARY EMERGENCY STANDARDS OF ELIGIBILITY AND LEVEL OF BENEFITS.

 

(dd) LIFT THE THIRTY PERCENT (30%) CAP ON THE AMOUNT APPROPRIATED FOR THE QUICK RESPONSE FUND, AS PROVIDED FOR IN REPUBLIC ACT NO. 10121 OR THE “PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT ACT OF 2010”, DURING THE EXISTENCE OF THE STATE OF NATIONAL EMERGENCY DUE TO COVID-19;

 

(ee) UNDERTAKE SUCH OTHER MEASURES AS MAY BE REASONABLE AND NECESSARY TO ENABLE THE PRESIDENT TO CARRY OUT THE DECLARED NATIONAL POLICY SUBJECT TO THE BILL OF RIGHTS AND OTHER CONSTITUTIONAL GUARANTEES.

 

IS THE PRESIDENT REQUIRED TO SUBMIT REPORTS TO CONGRESS?

 

YES. DURING MONDAY OF EVERY WEEK, THE PRESIDENT SHALL SUBMIT A WEEKLY REPORT TO CONGRESS OF ALL ACTS PERFORMED DURING THE PRECEDING WEEK.

 

WHAT SHALL THE REPORTS CONTAIN?

 

IT SHALL INCLUDE THE AMOUNT AND CORRESPONDING UTILIZATION OF THE FUNDS USED, AUGMENTED, REPROGRAMMED, REALLOCATED AND REALIGNED PURSUANT TO THIS ACT.
WHO SHALL MONITOR COMPLIANCE WITH THIS ACT?

 

CONGRESS SHALL ESTABLISH A JOINT CONGRESSIONAL OVERSIGHT COMMITTEE COMPOSED OF FOUR (4) MEMBERS OF EACH HOUSE TO BE APPOINTED BY THE SENATE PRESIDENT AND THE HOUSE SPEAKER, RESPECTIVELY. THIS COMMITTEE SHALL DETERMINE WHETHER SUCH ACTS, ORDERS, RULES AND REGULATIONS ARE WITHIN THE RESTRICTIONS PROVIDED HEREIN.
WHAT ARE THE PENALTIES IMPOSED?

 

IN ADDITION TO ACTS OR OMISSIONS ALREADY PENALIZED BY EXISTING LAWS, THE FOLLOWING OFFENSES SHALL BE PUNISHABLE WITH IMPRISONMENT OF TWO (2) MONTHS OR A FINE OF NOT LESS THAN TEN THOUSAND PESOS (₱10,000.00) BUT NOT MORE THAN ONE MILLION PESOS (₱1,000,000.00), OR BOTH, SUCH IMPRISONMENT AND FINE, AT THE DISCRETION OF THE COURT.

 

WHAT ARE PUNISHABLE OFFENSES?
(a) LGU OFFICIALS DISOBEYING NATIONAL GOVERNMENT POLICIES OR DIRECTIVES IN IMPOSING QUARANTINES;
(b) OWNERS AND POSSESSORS OF PRIVATELY-OWNED HOSPITALS, MEDICAL AND HEALTH FACILITIES, INCLUDING PASSENGER VESSELS, AND OTHER ESTABLISHMENTS WHO UNJUSTIFIABLY REFUSE TO OPERATE PURSUANT TO THE DIRECTIVE OF THE PRESIDENT;
(c) ENGAGING IN HOARDING, PROFITEERING, INJURIOUS SPECULATIONS, MANIPULATION OF PRICES, PRODUCT DECEPTIONS, AND CARTELS, MONOPOLIES OR OTHER COMBINATIONS IN RESTRAINT OF TRADE, OR OTHER PERNICIOUS PRACTICES AFFECTING THE SUPPLY, DISTRIBUTION AND MOVEMENT OF FOOD, CLOTHING, HYGIENE AND SANITATION PRODUCTS, MEDICINE AND MEDICAL SUPPLIES, FUEL, FERTILIZERS, CHEMICALS, BUILDING MATERIALS, IMPLEMENTS, MACHINERY EQUIPMENT AND SPARE PARTS REQUIRED IN AGRICULTURE, INDUSTRY AND OTHER ESSENTIAL SERVICES, AND OTHER ARTICLES OF PRIME NECESSITY, WHETHER IMPORTED OR LOCALLY PRODUCED OR MANUFACTURED;

 

(d) REFUSAL TO PRIORITIZE AND ACCEPT CONTRACTS FOR MATERIALS AND SERVICES NECESSARY TO PROMOTE THE HEREIN DECLARED NATIONAL POLICY;

 

(e) REFUSAL TO PROVIDE THIRTY (30)-DAY GRACE PERIODS PROVIDED HEREIN;

 

(f) INDIVIDUALS OR GROUPS CREATING, PERPETRATING, OR SPREADING FALSE INFORMATION REGARDING THE COVID-19 CRISIS ON SOCIAL MEDIA AND OTHER PLATFORMS, SUCH INFORMATION HAVING NO VALID OR BENEFICIAL EFFECT ON THE POPULATION, AND ARE CLEARLY GEARED TO PROMOTE CHAOS, PANIC, ANARCHY, FEAR, OR CONFUSION; AND THOSE PARTICIPATING IN CYBER INCIDENTS THAT MAKE USE OR TAKE ADVANTAGE OF THE CURRENT CRISIS SITUATION TO PREY ON THE PUBLIC THROUGH SCAMS, PHISHING, FRAUDULENT EMAILS, OR OTHER SIMILAR ACTS;

 

(g) FAILURE TO COMPLY WITH REASONABLE LIMITATIONS ON THE OPERATION OF CERTAIN TRANSPORTATION SECTORS OR SECTORS, WHETHER LAND, SEA OR AIR, BE IT PRIVATE OR PUBLIC; AND
(h) IMPEDING ACCESS TO ROADS, STREETS AND BRIDGES; PUTTING-UP PROHIBITED ENCROACHMENTS OR OBSTACLES; AND MAINTENANCE OF ILLEGAL CONSTRUCTIONS IN PUBLIC PLACES THAT HAVE BEEN ORDERED TO BE REMOVED;

 

SUPPOSE THE OFFENDER IS A CORPORATION, PARTNERSHIP OR ANY JURIDICAL PERSON WHO SHALL BE PUNISHED?

 

THE PENALTY SHALL BE IMPOSED UPON THE PRESIDENT, DIRECTORS, MANAGERS, MANAGING PARTNERS, AS THE CASE MAY BE, WHO PARTICIPATED IN THE COMMISSION OF THE OFFENSE OR WHO SHALL HAVE KNOWINGLY PERMITTED OR FAILED TO PREVENT THE COMMISSION OF THE SAME.
SUPPOSE THE OFFENDER IS AN ALIEN?

 

IN ADDITION TO THE PENALTIES HEREIN PRESCRIBED, THE ALIEN SHALL BE DEPORTED WITHOUT FURTHER PROCEEDINGS.

 

SUPPOSE THE OFFENDER IS A PUBLIC OFFICIAL OR EMPLOYEE?

 

HE SHALL , IN ADDITION TO THE PENALTIES PRESCRIBED HEREIN, SUFFER PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION FROM OFFICE, AS THE CASE MAY BE.
SECTION 7. CONSTRUCTION OR INTERPRETATION.— NOTHING HEREIN SHALL BE CONSTRUED AS AN IMPAIRMENT, RESTRICTION OR MODIFICATION OF
THE PROVISIONS OF THE CONSTITUTION, IN CASE THE EXERCISE OF THE POWERS HEREIN GRANTED CONFLICTS WITH OTHER STATUTES, ORDERS, RULES OR REGULATIONS, THE PROVISIONS OF THIS ACT SHALL PREVAIL.
SECTION 8. SEPARABILITY.— IF ANY PROVISION OF THIS ACT OR THE APPLICATION OF SUCH PROVISION TO ANY PERSON OR CIRCUMSTANCE IS DECLARED INVALID, THE REMAINDER OF THIS ACT OR THE APPLICATION OF SUCH PROVISION TO ANY OTHER PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED BY SUCH DECLARATION.

 

WHEN WILL THE ACT TAKE EFFECT AND FOR HOW LONG?

 

This Act shall take effect immediately upon its publication in a newspaper of general circulation or in the Official Gazette and shall be in full force and effect only for three (3) months, unless extended by Congress: Provided, That the powers granted under this Act may be withdrawn sooner by means of a concurrent resolution of Congress or ended by Presidential Proclamation.

 

WHEN WAS THE ACT APPROVED?

 

MARCH 25, 2020.

 

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TSH-2590-RA NO 11469 ENTITLED BAYANIHAN TO HEAL AS ONE ACT

 

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CASE 2020-0009: OFFICE OF THE COURT ADMINISTRATOR VS. PRESIDING JUDGE JOSELITO C. VILLAROSA, FORMERLY OF BRANCH 66, REGIONAL TRIAL COURT, MAKATI CITY (A.M. NO. RTJ-20-2578. JANUARY 28, 2020) (BRIEF TITLE: OCA VS. JUDGE VILLAROSA)

  

DISPOSITIVE:

 

VILLAROSA-DISPO

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT WERE THE VIOLATIONS COMMITTED BY JUDGE VILLAROSA?

 

VILLAROSA-VIOLATIONS

  

ASIDE FROM THESE VIOLATIONS WHICH MANIFEST GROSS IGNORANCE OF THE LAW, WAS JUDGE VILLAROSA FOUND GUILTY IN THE PAST FOR SIMILAR VIOLATIONS?

 

YES. HE WAS FOUND GUILTY IN TWO ADMINISTRATIVE CASES.

 

VILLAROSA-CONVICTIONS 

 

DID JUDGE VILLAROSA HAVE PENDING ADMINISTRATIVE CASES WHEN THIS CASE WAS BEING DELIBERATED.

 

 

YES. HE HAS NINE PENDING ADMINSTRATIVE CASES.

 

VILLAROSA-PENDING 1VILLAROSA-PENDING 2 

 

WHAT IS GROSS IGNORANCE OF THE LAW?

 

VILLAROSA-DEFINITION-GROSS IGNORANCE

  

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SCD-2020-0009-Office of the Court Administrator Vs. Presiding Judge Joselito C. Villarosa, formerly of Branch 66, Regional Trial Court, Makati City

 

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CASE 2020-0008: (ZENAIDA MARTIN-ORTEGA VS. ATTY. ANGELYN A. TADENA) (A.C. NO. 12018. JANUARY 29, 2020) (BRIEF TITLE: ORTEGA VS TADENA)

  

DISPOSITIVE:

 

ortega-dispo1

ortega-dispo2

 SUBJECTS/DOCTRINES/DIGEST:

 

ortega-doctrine

 

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SCD-2020-0008-Zenaida Martin-Ortega Vs. Atty. Angelyn A. Tadena 

 

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CASE 2020-0007: (PEOPLE OF THE PHILIPPINES VS. MUSTAFA SALI Y ALAWADDING A.K.A. “TAPANG/PANG” (G.R. NO. 236596. JANUARY 29, 2020) (BRIEF TITLE: PEOPLE VS SALI)

  

DISPOSITIVE:

 

ali-dispo1

ali-dispo2

SUBJECTS/DOCTRINES/DIGEST:

 

ali-doctrine1

 …………………………………….. 

 

ali-doctrine2

 

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SCD-2020-0007-People of the Philippines Vs. Mustafa Sali y Alawadding a.k.a. Tapang-Pang 

 

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CASE 2020-0006: (ENRIQUE JAVIER DE ZUZUARREGUI VS. ANTHONY DE ZUZUARREGUI (B.M. NO. 2796. FEBRUARY 11, 2020) (BRIEF TITLE: ZUZUARREGUI VS. ZUZUARREGUI)

 

 DISPOSITIVE:

 

zu-dispo01

 

zu-dispo02 

 SUBJECTS/DOCTRINES/DIGEST:

 

zu-doctrine

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SCD-2020-0006-Enrique Javier De Zuzuarregui Vs. Anthony De Zuzurregui

 

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CASE 2020-0005: NATIONAL TRANSMISSION CORPORATION, AS TRANSFEREE-IN-INTEREST OF THE NATIONAL POWER CORPORATION VS. SPOUSES MARIANO S. TAGLAO AND CORAZON M. TAGLAO (G.R. NO. 223195. JANUARY 29, 2019) (BRIEF TITLE: NATIONAL TRANSMISSION CORP VS SPOUSES TAGLAO)

  

DISPOSITIVE:

 

NATIONAL-DISPOSITIVE

 

 SUBJECTS/DOCTRINES/DIGEST:

 

NATIONAL DOCTRINE

 

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SCD-2020-0005-National Transmission Corporation, as Transferee-in-Interest of the National Power Corporation Vs. Spouses Mariano S. Taglao and Corazon M. Taglao 

 

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CASE 2020-0004: PEOPLE OF THE PHILIPPINES VS. ERIC PADUA Y ALVAREZ A.K.A. JERICK PADUA Y ALVAREZ (G.R. NO. 239781. FEBRUARY 5, 2020, PERALTA, CJ (BRIEF TITLE: PEOPLE VS PADUA)

 

DISPOSITIVE:

 

PADUA DISPO

SUBJECTS/DOCTRINES/DIGEST:

 

PADUA DOCTRINE

 

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SCD-2020-0004-People of the Philippines Vs. Eric Padua y Alvarez a.k.a. Jerick Padua y Alvarez 

 

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CASE 2020-0003: ROBERTO R. IGNACIO AND TERESA R. IGNACIO DOING BUSINESS UNDER THE NAME AND STYLE TERESA R. IGNACIO ENTERPRISES VS. MYRNA P. RAGASA AND AZUCENA B. ROA (G.R. NO. 227896. JANUARY 29, 2020) (BRIEF TITLE: IGNACIO ET AL VS RAGASA ET AL)

 

 DISPOSITIVE:

 

CASTILLO-DISPO

 

 SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONERS IGNACIO HIRED RESPONDENTS TO LOOK FOR A BUYER FOR THEIR PROPERTIES.

 

RESPONDENTS FOUND A BUYER AND INTRODUCED THEM TO PETITIONERS. THEN  PETITIONERS STOPPED COMMUNICATING WITH THE RESPONDENTS. LATER, RESPONDENTS LEARNED THAT PETITIONERS ENTERED INTO JOINT VENTURE AGREEMENT WITH THEIR BUYER TO DEVELOP THE PROPERTIES. THEY DEMANDED THEIR COMMISSION FROM THE PETITIONERS WHO REFUSED TO GIVE THEM COMMISSION ON THE GROUND THAT IT WAS ANOTHER BROKER WHO NEGOTIATED WITH THE BUYER FOR THE EXECUTION OF THE JOINT VENTURE AGREEMENT. THE SUPREME COURT RULED THAT THE RESPONDENTS ARE ENTITLED TO COMMISSION BECAUSE THEIR EFFORTS WERE THE PROXIMATE CAUSE OF THE TRANSACTION BETWEEN THE PETITIONERS AND THE BUYER/DEVELOPER. THE COURT ALSO DISCUSSED THE ISSUE ON THE PROPER INTEREST ON THE DAMAGES  IMPOSED. THE SC ALSO DISCUSSED THE EXCEPTIONS TO THE RULE THAT ONLY LEGAL ISSUES CAN BE RAISED IN THE SUPREME COURT.

 

 CASTILLO-PROXIMITY

 

WHAT IS THE RULE ON THE APPLICATION OF LEGAL RATE OF INTEREST?

 

CASTILLO-INTEREST 1

 

CASTILLO-INTEREST 2

CASTILLO-INTEREST 3 

 

 WHAT IS THE LEGAL RATE OF INTEREST IN THE CONTEXT OF THE USURY LAW?

 

6% TO BE APPLIED NOT RETROSPECTIVELY FROM 01 JULY 2013.

 

 

CASTILLO-INTEREST

 

WHAT IS MEANT BY FORBEARANCE? WHAT IS FORBEARANCE OF MONEY GOODS OR CREDIT?

 

IT IS AN OBLIGATION OF THE LENDER TO REFRAIN DURING A GIVEN PERIOD FROM REQUIRING THE BORROWER TO REPAY THE LOAN.

  

FOREBEARANCE OF MONEY, GOODS OR CREDIT IS AN ARRANGEMENT WHERE A PERSON ACQUIESCES TO THE TEMPORARY USE OF HIS MONEY, GOODS OR CREDIT PENDING HAPPENING OF CERTAIN CONDITIONS.

 

CASTILLO-FORBEARANCE

 EXCEPTIONS TO THE RULE THAT ONLY LEGAL ISSUES BE RAISED IN THE SUPREME COURT?

 

CASTILLO-EXCEPTIONS

 

 

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SCD-2020-0003-Roberto R. Ignacio and Teresa R. Ignacio doing business under the name and style Teresa R. Ignacio Enterprises Vs. Myrna P. Ragasa and Azucena B. Roa

 

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CASE 2020-0002: PEOPLE OF THE PHILIPPINES VS. R. LORENZ ESGUERRA Y BALIBER A.K.A. “RR” (G.R. NO. 243986. JANUARY 22, 2020 [DATE UPLOADED: 02/11/2020)

 

DISPOSITIVE:

 

esguerra dispo

 

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SCD-2020-0002-People of the Philippines Vs. R. Lorenz Esguerra y Baliber a.k.a. “RR”

 

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CASE 2020-0001: PEOPLE OF THE PHILIPPINES VS. JOSEPH SOLAMILLO AMAGO AND CERILO BOLONGAITA VENDIOLA, JR. (G.R. NO. 227739. JANUARY 15, 2020, PERALTA, CJ) (SUBJECT/S: DANGEROUS DRUGS; PROOF OF DELIVERY TO ANOTHER PERSON NOT NECESSARY; CONSPIRACY)(BRIEF TITLE: PEOPLE VS AMAGO ET AL)

 

DISPOSITIVE:

 

SOMA-DISPO

 

SUBJECTS/DOCTRINES/DIGEST:

 

ACCUSED ARGUES THAT THERE WAS NO PROOF OF DELIVERY OF THE DRUGS TO ANOTHER PERSON. IS THERE CONTENTION CORRECT.

 

NO.

 

SINCE THE CRIME IS MALUM PROHIBITUM THE ONLY THING TO PROVE IS THE MOVEMENT OF THE ILLEGAL DRUGS FROM ONE PLACE TO ANOTHER. PROVING THE DELIVERY TO ANOTHER PERSON IS NOT NECESSARY.

 

SOMA-PROOF 1

 

. . . . . .

 

SOMA-PROOF 2

 

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SCD-2020-0001-People of the Philippines Vs. Joseph Solamillo Amago and Cerilo Bolongaita Vendiola, Jr. 

 

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CASE 2019-0063: (CONNIE L. SERVO VS. PHILIPPINE DEPOSIT INSURANCE CORPORATION, G.R. NO. 234401. DECEMBER 5, 2019, LAZARO-JAVIER, J.) (SUBJECT/S: JURISDICTION OF PDIC; APPEAL TO CA BY QUASI JUDICIAL BODIES) (BRIEF TITLE: SERVO VS PDIC)

  

DISPOSITIVE:

 

SERVO-DISPOSTIVE

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER SERVO FILED A CLAIM AT PDIC ALLEGING THAT AN ACCOUNT IN THE NAME OF GUTIERREZ WAS HERS. PDIC DENIED THE CLAIM BECAUSE SHE DOES NOT HAVE THE PROPER DOCUMENTS SHOWING THAT SHE OWNS THE ACCOUNT. SERVO FILED A CASE AT RTC. RTC SAID IT HAS NO JURISDICTION BECAUSE PDIC IS A QUASI-JUDICIAL BODY AND ITS DECISION HAS TO BE APPEALED TO THE COURT OF APPEALS NOT AT RTC. SERVO FILED A PETITION FOR CERTIORARY BEFORE C.A. WITH AN ALTERNATIVE PRAYER  ASKING ALSO THAT C.A. CONSIDERS HER PETITION AS A PETITION FOR CERTIORARI QUESTIONING THE DECISION OF PDIC. C.A. AFFIRMED RTC DECISION. ON THE ALTERNATIVE PRAYER C.A. SAID THE ISSUE ON JURISDICTION MUST BE BROUGHT BEFORE SC SINCE IT IS A PURE QUESTION OF LAW. THE SUPREME COURT SAID C.A. AND NOT RTC HAS JURISDICTION OVER PDIC. THE ALTERNATIVE PRAYER OF SERVO MUST BE DENIED BECAUSE IT WAS FILED LATE (2 YRS OR MORE THAN 30 DAYS FROM RECEIPT OF PDIC DECISION.)

 

 

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SCD-2019-0063-Connie L. Servo Vs. Philippine Deposit Insurance Corporation

 

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CASE 2019-0062: OFFICE OF THE OMBUDSMAN VS. VENANCIO G. SANTIDAD/VENANCIO G. SANTIDAD VS. PEOPLE OF THE PHILIPPINES (G.R. NO. 207154/G.R. NO. 222046. DECEMBER 5, 2019) (BRIEF TITLE: OMBUDSMAN VS SNTIDAD ET AL)

 

 

DISPOSITIVE:

 

santi dispositive

santi dispositive 2

 

DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

SANTIDAD WAS ADMINISTRATIVELY CHARGED BEFORE THE OMBUDSMAN FOR GROSS NEGLECT OF DUTY AND DISHONESTY FOR SIGNING INVOICE RECEIPT FOR PROPERTY IN RELATION TO THE TRANSFER OF 21 VANS TO CONGRESSMAN ANDAYA WHEN IN FACT THERE WAS NO SUCH TRANSFER. THE COURT OF APPEALS RULED THAT HE DID NOT COMMIT GROSS NEGLECT OF DUTY BUT HE COMMITTED DISHONESTY.

 

HE WAS ALSO CRIMINALLY CHARGED BEFORE THE SANDIGANG BAYAN FOR FALSIFICATION OF THE INVOICE RECEIPT. HE WAS CONVICTED.

 

SUPREME COURT SAID SANTIDAD WAS GUILTY OF GROSS NEGLECT OF DUTY. THERE WERE SEVERAL SIGNS WHICH SHOW THAT THE PURCHASE AND DELIVERY OF THE VANS WERE ANOMALOUS. YET SANTIDAD DID NOT HEED THESE SIGNS.

 

SUPREME COURT EXONERATED HIM ON THE FALSIFICATION CHARGE. THERE WAS NO MALICIOUS INTENT PROVEN.

 

 

IN FALSIFICATION OF PUBLIC DOCUMENTS BY MAKING UNTRUTHFUL STATEMENTS WHAT IS VITAL?

 

THERE MUST BE MALICIOUS INTENT.

 

santi FALSIFIC

                        

 ON THE ADMINISTRATIVE CHARGE OF GROSS NEGLECT OF DUTY SANTIDAD SAID THAT HE RELIED IN GOOD FAITH THAT HIS SUBORDINATES WOULD PERFORM THEIR FUNCTIONS REGULARLY. IS THIS ARGUMENT CORRECT?

 

WRONG. WHEN CIRCUMSTANCES EXIST WHICH WOULD HAVE ALERTED HIM TO EXERCISE MORE DILIGENCE AND HE FAILED TO DO SO, HE CANNOT RAISE SUCH DEFENSE.

 

santi GROSS

 

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SCD-2019-0062-Office of the Ombudsman Vs. Venancio G. SantidadVenancio G. Santidad Vs. People of the Philippines

 

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CASE 2019-0061: PEOPLE OF THE PHILIPPINES VS. JOHN SANOTA Y SARMIENTO, DEO DAYTO Y GENORGA @ “RUBROB” AND ROLANDO ESPINELI Y ACEBO @ “LANDOY” (G.R. NO. 233659. DECEMBER 10, 2019) (BRIEF TITLE: PEOPLE VS SANOTA ET AL.)

  

DISPOSITIVE:

 

sanota-dispositive

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

THERE WAS ONLY ONE WITNESS. HE DID NOT SAW THE ACTUAL ROBBERY AND HOMICIDE. THERE WAS NO DIRECT EVIDENCE PRESENTED. YET THE COURT CONVICTED THE ACCUSED. CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT.

 

sanota-CIRCUM 1

sanota-CIRCUM 2 

 

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.

 

SCD-2019-0061-People of the Philippines Vs. John Sanota y Sarmiento, Deo Dayto y Genorga @ “Rubrob” and Rolando Espineli y Acebo @ “Landoy”

 

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CASE 2019-0060: PHILIPPINE NATIONAL BANK VS. MANUEL C. BULATAO (G.R. NO. 200972. DECEMBER 11, 2019, HERNANDO, J.)  (SUBJECT/S: PROMISSORY ESTOPPEL; ABANDONMENT AND TERMINATION; DOUBT BEING RESOLVED IN FAVOR OF EMPLOYEE – EQUIPOISE DOCTRINE) (BRIEF TITLE: PNB VS. BULATAO)

 

 

DISPOSITIVE:

 

pnb dispositive

pnb dispositive 2

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

BULATAO WAS IT HEAD OF PNB. HE WAS INDUCED TO RETIRE BECAUSE THE PRESIDENT OF PNB OFFERED RETIREMENT OPTION. AND  HE RETIRED BECAUSE HE DID NOT LIKE WHAT WAS HAPPENING IN HIS  GROUP. LATER HE WITHREW HIS RETIREMENT LETTER AND RESUMED WORKING. AFTER SEVERAL DAYS HE WAS INFORMED THAT THE BOARD APPROVED HIS RESIGNATION. PNB CONSIDER HIS LETTER AS RESIGNATION BECAUSE THERE WAS NO RETIREMENT SCHEME IN PLACE. SUPREME COURT RULED HE WAS ILLEGALLY DISMISSED. THE PROMISE OF RETIREMENT TO HIM CONSTITUTES PROMISSORY ESTOPPEL. IF THERE IS DOUBT AS TO WHETHER HE INTENDED TO RETIRE OR RESIGN, SUCH DOUBT SHALL BE RESOLVED IN HIS FAVOR.

 

WHAT IS PROMISSORY ESTOPPEL?

 

BULA-ESTOPPEL 

WHEN IS THERE ABANDONMENT?

 

WHEN THE EMPLOYEE FAILED TO REPORT FOR WORK AND WHEN THERE IS CLEAR INTENTION ON THE PART OF THE EMPLOYEE TO ABANDON HIS WORK AS MANIFESTED BY OVERT ACT TO SEVER EMPLOYER-EMPLOYEE RELATIONSHIP.

 

BULA-ABANDONMENT

  

DID BULATAO COMMIT ABANDONMENT?

 

NO. BULATAO’S FILING OF AN ILLEGAL TERMINATION CASE SHOWS THAT HE HAS NO INTENTION TO SEVER EMPLOYER-EMPLOYEE RELATIONSHIP.

  

WHEN THERE IS DOUBT AS TO WHICH EVIDENCE IS TRUE, THAT DOUBT MUST BE RESOLVED IN FAVOR OF THE EMPLOYEE. EQUIPOISE DOCTRINE.

 

BULA-DOUBT

 

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.

 

SCD-2019-0060-Philippine National Bank Vs. Manuel C. Bulatao

 

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CASE 2019-0059: PROCESO L. MALIGALIG VS. SANDIGANBAYAN (SIXTH DIVISION), PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE SPECIAL PROSECUTOR OF THE OFFICE OF THE OMBUDSMAN, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT AND BATAAN SHIPYARD AND ENGINEERING CORPORATION, INC. (G.R. NO. 236293. DECEMBER 10, 2019, PROCESO L. MALIGALIG VS SANDIGANBAYAN ET AL.) (BRIEF TITLE: MALIGALIG VS SANDIGAN)

 

DISPOSITIVE:

 

mali-dispositive

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHOS IS A PUBLIC OFFICER?

 

ONE WHO BY LAW, ELECTION OR APPOINTMENT PERFORMS A PUBLIC FUNCTION. OR ONE IN WHOM A PUBLIC FUNCTION IS INVESTED TO BE EXERCISED FOR PUBLIC BENEFIT.

 

mali-publ officer 1

mali-publ officer 2

 

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.

 

SCD-2019-0059-Proceso L. Maligalig Vs Sandiganbayan Et Al. 

 

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CASE 2019-0057: CARISSA E. SANTO VS. UNIVERSITY OF CEBU (G.R. NO. 232522. AUGUST 28, 2019, LAZARO-JAVIER) (SUBJECT/S: RETIREMENT BENEFITS; HOW COMPUTED)  (BRIEF TITLE: SANTO VS UNIVERSITY OF CEBU)

 

DISPOSITIVE:

 

santo-dispositive

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

THE UNIVERSITY OF CEBU OFFERS OPTIONAL RETIREMENT TO THOSE WHO HAVE COMPLETED AT LEAST 15 YEARS OF SERVICE. THE RETIREMENT BENEFIT IS COMPUTED AT 15 DAYS PER YEAR OF SERVICE. SANTO, 42 YEARS OLD, APPLIED FOR OPTIONAL RETIREMENT BUT INSISTS THAT THE RETIREMENT BENEFIT BE COMPUTED AT 22.5 DAYS PER YEAR OF SERVICE IN ACCORDANCE WITH THE RETIREMENT LAW. UNIVERSITY OF SEBU CONTENDED THAT RETIREMENT LAW DOES NOT APPLY BECAUSE SANTO IS BELOW 60 YEARS OLD AND THEIR SCHOOL MANUAL EXPRESSLY STATES THAT SUCH OPTIONAL RETIREMENT IS RESIGNATION WITH SEPARATION BENEFIT SUPREME COURT SAID SHE IS ENTILED TO THE BENEFIT UNDER THE RETIREMENT LAW BECAUSE IT IS MORE BENEFICIAL. THE AMBIGUITY IN THE UNIVERSITY MANUAL (WHETHER RESIGNATION OR RETIREMENT) MUST BE INTERPRETED IN FAVOR OF THE RETIREE. THE RULINGS OF THE SUPREME COURT ARE AS FOLLOWS:

 

 

WHAT IS MORE BENEFICIAL TO BENEFICIARY MUST BE APPLIED. ART. 287 OF THE LABOR CODE IS MORE BENEFICIAL. THUS ITS COMPUTATION OF 22.5 DAYS PER YEAR OF SERVICE MUST BE APPLIED.

 

SANTO 1

 

SANTO 2

 

SUPREME COURT RECOGNIZES RETIREMENT PLANS WHICH SET THE MINIMUM RETIREMENT AGE  OF EMPLOYEES BELOW 60 YEARS OLD.

 

SANTO 3

 

SUPREME COURT WILL NOT SUSTAIN A RETIREMENT CLAUSE THAT GIVES RETIREES LESS BENEFITS THAT WHAT THE LAW GUARANTEES.

  

SANTO 4

 

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SCD-2019-0058-Carissa E. Santo Vs. University of Cebu

 

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CASE 2019-0057: LYDIA I. AGUIRRE VS. DIRECTOR CECILIA R. NIETO CIVIL SERVICE COMMISSION REGIONAL OFFICE V, LEGASPI CITY (G.R. NO. 220224. AUGUST 28, 2019, CARANDANG, J.) (SUBJECT/S: DISHONESTY; MISCONDUCT) (BRIEF TITLE: AGUIRRE VS DIRECTOR NIETO OF CSC.

  

DISPOSITIVE:

 

AGUIRRE DISPO 1

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER ORDERED UNIFORM EXPENSE BE DEDUCTED FROM SALARY OF ELAURZA. PETIONER ALSO HAD ALTERCATION WITH ELAURZA. PETITIONER WAS CLEARED OF THE CHARGE OF MISCONDUCT.

 

AGUIRRE FACTS

  

WHAT IS MISCONDUCT? WHEN IS IT GRAVE?

 

MISCONDUCT IS TRANSGRESSION OF SOME ESTABLISHED RULE. IT IS UNLAWFUL BEHAVIOUR. IT IS GRAVE WHEN IT INVOLVES ADDITIONAL ELEMENTS OF CORRUPTION OR WILFUL INTENT TO VIOLATE LAW OR DISREGARD RULES.

 

AGUIRRE MISCONDUCT

 WHAT IS DISHONESTY?

 

IT IS THE DISPOSITION TO LIE, DECEIVE OR DEFRAUD. IT IS NOT SIMPLY BAD JUDGMENT. STATE OF MIND OR INTENTION TO LIE ETC IS NECESSARY ELEMENT.

 

AGUIRRE DISHONESTY 

 

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SCD-2019-0057-Lydia I. Aguirre Vs. Director Cecilia R. Nieto Civil Service Commission Regional Office V, Legaspi City

 

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CASE 2019-0056: LEDESMA D. SANCHEZ VS. ATTY. CARLITO R. INTON (A.C. NO. 12455. NOVEMBER 5, 2019, PERLAS-BERNABE, J.) (SUBJECT/S: NOTARIAL LAW; PENALTIES FOR VIOLATION) (BRIEF TITLE: SANCHEZ VS INTON)

  

DISPOSITIVE:

 

SANCHEZ DISPO 1.png

SANCHEZ DISPO 2.png

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT WERE THE VIOLATIONS COMMITTED BY NOTARY PUBLIC INTON?

 

SANCHEZ WHAT HAPPENED.png 

WHAT PENALTY SHALL BE IMPOSED ON ERRING NOTARY PUBLIC?

 

SANCHEZ PENALTY.png

 

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SCD-2019-0056-Ledesma D. Sanchez Vs. Atty. Carlito R. Inton 

 

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CASE 2019-0054: CRISTINA CATU-LOPEZ, IN HER CAPACITY AS DEPARTMENT MANAGER III, ADMINISTRATIVE DEPARTMENT, NATIONAL TOBACCO ADMINISTRATION VS. COMMISSION ON AUDIT (G.R. NO. 217997. NOVEMBER 12, 2019) (BRIEF TITLE: CRISTINA LOPEZ VS COA)

 

 DISPOSITIVE:

 

LOPEZ DISPOS.png

SUBJECTS/DOCTRINES/DIGEST:

  

WHAT HAPPENED IN THIS CASE.

 

COA FAILED TO PRESENT CONCRETE EVIDENCE THAT THE NTA HOUSING PROJECT WAS GROSSLY DISADVANTAGEOUS TO THE GOVERNMENT AND OVERPRICED. NOR ANY EVIDENCE THAT PETITIONER IS LIABLE. THUS PETITION WAS GRANTED. CASE DISMISSED.

 

LOPEZ WHAT HAPPENED.png

 

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SCD-2019-0054-Cristina Catu-Lopez, in her capacity as Department Manager III, Administrative Department, National Tobacco Administration Vs. Commission on Audit

 

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CASE 2019-0053: JUDGE BENSAUDI A. ARABANI, JR. VS. RAHIM A. ARABANI, JUNIOR PROCESS SERVER, AND ABDURAJI G. BAKIL, UTILITY WORKER I, BOTH FROM SHARI’A CIRCUIT COURT, MAIMBUNG, SULU/JUDGE BENSAUDI A. ARABANI, JR., 4TH SHARI’A CIRCUIT COURT, MAIMBUNG SULU VS. RODRIGO C. RAMOS, JR., CLERK OF COURT 4TH SHRI’A CIRCUIT COURT, MAIMBUNG, SULU/CLERK OF COURT RODRIGO C. RAMOS, JR., ET AL. VS. JUDGE BENSAUDI A. ARABANI, JR. 4TH SHRI’A CIRCUIT COURT, MAIMBUNG, SULU (A.M. NO. SCC-10-14-P/A.M. NO. SCC-10-15-P/A.M. NO. SCC-11-17, 12 NOV 2019, PERLAS-BERNABE J.) (SUBJECT/S: FINE IN LIEU OF SUSPENSION BECAUSE OF DEATH; DEATH DOES NOT PREVENT COURT FROM DECIDING WHETHER RESPONDENT IS INNOCENT OR GUILTY) (BRIEF TITLE:ARABANI VS ARABANI)

 

 DISPOSITIVE:

 

arab dispositive.png

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

RESPONDENT RODIGO  RAMOS JR WAS FOUND GUILTY AND METED THE PENALTY OF SUSPENSION OF 6 MONTHS AND ONE DAY WITHOUT PAY. SURVIVING SPOUSE PRAYED THAT PENALTY BE REDUCED TO FINE. SC REDUCED THE PENALTY TO FINE AND RENDERED THE PREVIOUS PENALTY AS MOOT.

 

arab FACT.png

 

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SCD-2019-0053-Judge Bensaudi A. Arabani, Jr. Vs. Rahim A. Arabani, Junior Process Server Et AL, 4th Shri’a Circuit Court, Maimbung, Sulu

 

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CASE 2019-0052: JANICE DAY E. ALEJANDRINO AND MIRIAM M. PASETES VS. COMMISSION ON AUDIT, ET AL. (G.R. NO. 245400. 12 NOVEMBER 2019, CARANDANG) (BRIEF TITLE: ALEJANDRINO ET AL VS COA)

 

DISPOSITIVE:

 

PASETES-DISPO.png

 

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SCD-2019-0052-Janice Day E. Alejandrino and Miriam M. Pasetes Vs. Commission on Audit, et al. 

 

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CASE 2019-0051: SOCRATES C. FERNANDEZ, IN HIS CAPACITY AS MAYOR OF THE CITY OF TALISAY VS. COMMISSION ON AUDIT (G.R. NO. 205389. 19 NOVEMBER 2019, INTING, J.) (SUBJECT/S: BIDDING; COA DISALLOWANCE; QUATUM MERUIT) (BRIEF TITLE: FERNANDEZ VS COA)

 

 DISPOSITIVE:

 

fern-dispositive 1.png

fern-dispositive 2.png

fern-dispositive 3.png

 

SUBJECTS/DOCTRINES/DIGEST:

 

WERE THE PETITIONERS DEPRIVED OF DUE PROCESS?

 

NO BECAUSE THEIR APPEAL WAS GIVEN DUE COURSE.

 

fern-DUE PROCESS.png 

WHAT IS GRAVE ABUSE OF DISCRETION?

 

SUCH CAPRICIOUS AND WHIMSICAL EXERCISE OF JUDGMENT. THERE IS ARBITRARINESS. OR EXERCISE OF POWER IN A DESPOTIC MANNER.

 

fern-DISCRETION.png

  

WHAT ARE THE ALLOWED CONDITIONS FOR DIRECT CONTRACTING WITHOUT BIDDING?

 

AS FOLLOWS:

 

fern-EXCEPTIONS.png

 

POWERDEV HAS ALREADY DONE WORKS. DESPITE THE DISALLOWANCE, WILL THEY STILL BE PAID?

 

YES UNDER THE PRINCIPLE OF QUANTUM MERUIT. OTHERWISE, THE CITY OF TALISAY WILL BE UNJUSTLY ENRICHED.

 

fern-QUANTUM 1

fern-QUANTUM 2

 

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SCD-2019-0051-Socrates C. Fernandez, in his capacity as Mayor of the City of Talisay Vs. Commission on Audit

 

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