Category: LATEST SUPREME COURT CASES


CASE 2018-0024: JOHNNY GARCIA YAP VS PEOPLE (G.R. NO. 234217, 27 NOV 2018, PERALTA, J) (SUBJECT/S: ATTEMPTED MURDER DOWNGRAGED TO SLIGHT PHYSICAL INJURIES) (BRIEF TITLE: YAP VS PEOPLE)

 

DISPOSITIVE:

 

“WHEREFORE, the instant petition for review on certiorari is PARTLY GRANTED. The Decision of the Court of Appeals, dated March 8, 2017, in CA-G.R. CR No. 38903, which affirmed the August 7, 2015 Decision of the Regional Trial Court of Manila, Branch 27 in Criminal Case No. 13-297324, finding herein petitioner guilty of the crime of attempted murder, is hereby MODIFIED and instead finds petitioner GUILTY beyond reasonable doubt of the crime of slight physical injuries, as defined and penalized under Article 266 of the Revised Penal Code, and sentenced to suffer the penalty of fifteen (15) days of arresto menor. Petitioner is ORDERED to PAY the victim, George Hao Ang, moral damages in the sum of Five Thousand Pesos (P5,000.00).

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT IS THE CRIME IF THERE IS NO INTENT TO KILL BUT WOUNDS ARE INFLICTED?

 

PHYSICAL INJURIES ONLY.

 

“Based on the foregoing circumstances, while it is clear that petitioner really intended to harm Ang, it cannot be concluded nor inferred beyond doubt that in causing the injuries of Ang, petitioner had intended to kill him. When such .intent is lacking but wounds are inflicted upon the victim, the crime is not attempted murder but physical injuries only.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

  

SCD-2018-0024-JOHNNY GARCIA YAP VS PEOPLE OF THE PHILIPPINES

 

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CASE 2018-0022: REGINA ONGSIAKO REYES VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL (G.R. NO. 221103, 16 OCTOBER 2018, CARPIO J.) (SUBJECT/S: CONSTITUTIONALITY OF SEVERAL PROVISIONS OF THE 2015 REVISED RULES OF THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL(HRET) (BRIEF TITLE: REYES VS HRET)

 

DISPOSITIVE:

 

“WHEREFORE, we DISMISS the petition.

 

SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

“The amendments to Rules 17 and 18 of the 2015 HRET Rules were made “with respect to the reckoning point within which to file an election protest or a petition for quo warranto, respectively, in order to further promote a just and expeditious determination and disposition of every election contest brought before the Tri bun al [.]” 11 The recent amendments, which were published in The Philippine Star on 26 September 2018 and took effect on 11 October 2018, clarified and removed any doubt as to the reckoning date for the filing of an election protest. The losing candidate can determine with certainty when to file his election protest.”

 

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SCD-2018-0022-Regina Ongsiako Reyes Vs. House of Representatives Electoral Tribunal 

 

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CASE 2018-0020: PHILIPPINE CHARITY SWEEPSTAKES OFFICE VS. HON. MAXIMO M. DE LEON, PRESIDING JUDGE OF THE MAKATI CITY REGIONAL TRIAL COURT, BRANCH 143, AND PHILIPPINE GAMING AND MANAGEMENT (G.R. NOS. 236577 AND 236597, 15 AUGUST 2018, LEONEN,J.) (SUBJECT/S: TRO, INJUNCTION) (BRIEF TITLE: PCSO VS JUDGE DE LEONEN)

 

DISPOSITIVE:

 

“WHEREFORE, premises considered, the petition is GRANTED.The Philippine Charity Sweepstakes Office may proceed with the biddingprocess for the Nationwide On-line Lottery System for Luzon.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT MUST THE APPLICANT SHOW SO THAT THE COURT WILL ISSUE A WRIT OF PRELIMINARY INJUNCTION?

 

THE APPLICANT MUST SHOW, BY PRIMA FACIE EVIDENCE, AN EXISTING RIGHT BEFORE TRIAL, A MATERIAL AND SUBSTANTIAL INVASION OF THIS RIGHT, AND THAT A WRIT OF PRELIMINARY INJUNCTION IS NECESSARY TO PREVENTIRREPARABLE INJURY.

 

In Department of Public Works and Highways (DPWH) v. CityAdvertising Ventures Corporation, 123 this Court held that “[f]or a writ ofpreliminary injunction to be issued, the applicant must show, by prima facievidence, an existing right before trial, a material and substantial invasion of this right, and that a writ of preliminary injunction is necessary to preventirreparable injury.”

 

WHAT WAS THE CLAIM OF PHILIPPINE GAMING AND MANAGEMENT CORP.?

 

IT CLAIMS EXCLUSIVE RIGHTS TO THE NATIONWIDE ON-LINE LOTTERY SYSTEM.

 

DOES IT HAVE SUCH EXCLUSIVE RIGHTS?

 

NO BECAUSE ITS EXCLUSIVE RIGHTS WAS UNDER THE AMENDMENTS TO EQUIPMENT LEASE AGREEMENT WHICH ALREADY EXPIRED.

 

Respondent Philippine Gaming and Management Corporation’s claim of exclusive rights, as stated in the Interim Settlement and which was brought to arbitration, pertained to its rights under the Amendments to Equipment Lease Agreement, which will expire on August 21, 2018. It failed to provide proof that the Amendments to Equipment Lease Agreement was extended beyond August 21, 2018. It cannot claim that it has alleged exclusive rights to be protected and that it will suffer irreparable injury if petitioner continued with the Nationwide On-line Lottery System bidding process. This is precisely because the bidding was for the next supplier of the Nationwide On-line Lottery System for a period of five (5) years after August 21, 2018 or commencing on August 22, 2018.

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2018-0020-PHILIPPINE CHARITY SWEEPSTAKES OFFICE VS. HON. MAXIMO M. DE LEON ET AL

 

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