Archive for May, 2022


 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE GOVERNMENT URGENTLY NEEDED HELICOPTERS FOR ITS OPERATIONS IN JOLO. PETITIONER, AS MEMBER OF THE NHQ-BAC FAILED TO DETERMINE THE ELIGIBILITY AND CAPABILITY OF SUPPLIER MAPTRA. IT HAS NO FINANCIAL CAPACITY. NO REQUIRED TRACK RECORD. IT HAD A DEAL WORTH P15M AND THE SUBJECT CONTRACT IS FOR P105M. THUS PETITIONER WAS HELD TO HAVE COMMITTED GRAVE MISCONDUCT, PUNISHABLE BY DISMISSAL.

WHAT IS MISCONDUCT? WHEN IS IT GRAVE?

Misconduct is the “transgression of some established and definite rule
of action, more particularly, unlawful behavior or gross neglect of duty by a
public officer.”86 It is considered grave when the elements of corruption,
willful intent to violate the law or disregard established rules are also
present.

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DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

REYES REFUSED TO CERTIFY THE REPORT ON CRIMES AND LOSSES. BUT THIS WAS NOT ATTENDED BY WRONGFUL ATTITUDE WHICH WARRANTS THE ULTIMATE PENALTY OF DISMISSAL.

THE SUPREME COURT RULED THAT THE PENALTY OF DISMISSAL IMPOSED ON REYES WAS TERRIBLY DISPROPORTIONATE TO HIS INFRACTION.

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DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

IN RAPE CASES CONVICTION MOST OFTEN RESTS SOLELY ON THE BASIS OF THE TESTIMONY OF THE VICTIM.

WHENEVER THERE IS INCONSISTENCY BETWEEN AFFIDAVIT AND TESTIMONY, THE LATTER IS ACCORDED GREATER WEIGHT.

ASSESSMENT OF CREDIBILITY OF WITNESSES IS BEST LEFT TO THE TRIAL COURT JUDGE BECAUSE HE OBSERVES THE DEPORTMENT AND DEMEANOR OF THE WITNESS.

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”.