Category: Uncategorized


DISPOSITIVE:

“WHEREFORE, Chief Justice Renato C. Corona is hereby DECLARED entitled to retirement benefits and other allowances under Republic Act No. 9946 equivalent to a five-year lump sum of the salary and other allowances he was receiving at the time of his removal by impeachment on May 29, 2012. The claim of survivorship benefits of Ma. Cristina Roco Corona is hereby GRANTED reckoned from the lapse of the five-year period on the lump sum. All benefits granted herein are ordered immediately RELEASED to his widow and beneficiary, Ma. Cristina Roco Corona, subject to usual clearances.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

Mere eligibility for optional retirement at the time of death, not actual retirement, suffices to grant survivorship benefits upon the bereaved surviving spouse of a deceased magistrate. Even if so declared ineligible for said optional retirement, there is established ground to deem the former Chief Justice as involuntarily retired due to the events immediately following his ouster by impeachment. As Chief Justice Corona had met the qualifications for an optional retirement, his widow, who likewise possesses none of the disqualifications under AC No. 81-2010 for entitlement, must be consoled by the grant of the benefits that are legally accorded to her as a surviving legitimate spouse of a magistrate under RA 9946.

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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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