DISPOSITIVE:

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

SOCORRO SOLD SUBJECT REAL PROPERTY TO LORNA THROUGH A NOTARIZED DEED OF SALE. LATER SOCORRO OBTAINED BACK THE OWNER’S COPY OF THE TITLE AND SOLD THE PROPERTY TO ANOTHER. LORNA FILED A CASE FOR QUIETING OF TITLE. THE ISSUE IS: WHO OWNS NOW THE PROPERTY. SUPREME COURT SAID THE OWNER IS LORNA. THE DEED OF SALE IN HER FAVOR IS VALID.

SOCORRO SAID THAT THE SALE IF THERE WAS IS VOID BECAUSE THE CONSIDERATION WAS ONLY P10,000 WHILE THE VALUE OF THE PROPERTY IS MUCH MUCH MORE. SUPREME COURT SAID GROSS INADEQUACY OF PRICE DOES NOT AFFECT THE VALIDITY OF A CONTRACT OF SALE UNLESS IT SIGNIFIES DEFECT IN CONSENT.

SOCORRO SAID THE SALE IS NOT VALID BECAUSE SHE KEPT THE OWNER’S COPY OF THE TITLE AND TITLE WAS NEVER TRANSFERRED TO LORNA. SUPREME COURT SAID SUCH FACT DOES NOT AFFECT THE VALIDITY OF THE SALE. TRANSFER OF TITLE IS DIFFERENT FROM TRANSFER OF OWNERSHIP.

SOCORRO SAID SHE IS AN ILLITERATE AND THUS SHE DID NOT KNOW SHE WAS SIGNING A DEED OF SALE. SC SAID THAT ASIDE FROM HER SELF-SERVING ALLEGATION SHE FAILED TO PROVE THE SAME. BESIDES, THE DOCUMENT IS NOTARIZED AND THUS ENJOYS THE PRESUMPTION OF AUTHENTICITY.

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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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