PROJECT JURISPRUDENCE

CASE DIGEST: G.R. No. 240075, August 20, 2018. EDGAR T. NANOLAN V. AGRINANAS DEV. COMPANY, INC. AND/OR FRANCUCCI O. RABANES (HR MANAGER) AND MS. ROSSANA C. CALINGIN (HR DIRECTOR). G.R. No. 240075 - Edgar T. Nanolan v. Agrinanas Dev. Company, Inc. and/or Francucci O. Rabanes (HR Manager) and Ms. Rossana C. Calingin (HR Director). FACTS: Petitioner was convicted of murder. The Labor Arbiter, the NLRC and the CA found that petitioner was validly dismissed on the ground of conviction for a crime involving moral turpitude, which warranted the penalty of dismissal pursuant to respondent Agrinanas Development Company, Inc.'s Employee Discipline System. ISSUE:  Petitioner now wants the Supreme Court to look into whether his conviction involved moral turpitude and, hence, can be the valid basis or ground for his dismissal. He also alleges unfair labor practice on the part of his employer. HELD:  As aptly ruled by the three tribunals, the circumstances of petitioner's case showed

CASE DIGEST: [G.R. No. 230556, November 20, 2017]. PEOPLE OF THE PHILIPPINES V. MAKOTO KUNII Y REGATILLO. At about 6:00 P.M. of July 15, 2011, a male confidential informant (CI) alias Macmac reported to Gaudia at the Philippine Drug Enforcement Agency (PDEA)Regional Office No. 02, Tuguegrao City, that a certain Makoto was involved in the illegal activity of dangerous drugs in Tuguegarao City. Gaudia relayed the report to the PDEA Regional Director Azurin. Upon the directive of Azurin, Gaudia formed a team to conduct a buy bust against Makoto. It was composed of IO1 Mark Anthony Ventura, IO1 Mary Jane Gaayon, IO1 Cabanilla and Gaudia himself. Gaudia conducted a briefing wherein he designated Ventura as the poseur buyer, Gaayon as [the] immediate back-up of Ventura and Cabanilla as investigator. Gaudia then gave Ventura one (1) piece P500.00 with Serial No. DE IO1048 as buy bust money. During the briefing, [Gaudia] instructed the CI to contact Makoto for a drug sale transaction. Th

It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills. Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications,

CASE DIGEST: G.R. No. 231106, August 14, 2017. JIMMY CALICA Y DUCLAYAN, PETITIONER V. PEOPLE OF THE PHILIPPINES, RESPONDENT. G.R. No. 231106 - Jimmy Calica y Duclayan, petitioner v. People of the Philippines, respondent. FACTS:  Petitioner alleges that the victim's act of punching him coupled with insulting and offensive remarks against his daughter constitute sufficient provocation to enrage him. It was also sufficient to stir his wrath and obfuscate his thinking. He contends that the act of stabbing the victim is but an immediate and proximate reaction from someone who was physically attacked, and whose daughter's honor was insulted in his presence. He maintains the view that such a scenario is sufficient to trigger an uncontrollable burst of legitimate passion. Petitioner wants the Supreme Court to review factual issues. ISSUE: Should the Supreme Court review the factual background of this case? HELD: The petition lacks merit. No, the Supreme Court should not

Republic Act No. 9262 is known as The Anti-Violence against Women and their Children Act of 2004. Recognizing "the need to protect the family and its members particularly women and children from violence and threats to their personal safety and security", RA 9262 was signed by former President Gloria Macapagal-Arroyo on March 2, 2004. Under the RA 9262, VAW refers to "any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty." The House of Representatives on Monday approved on third and final readi

CASE DIGEST: [G.R. No. 234763, February 28, 2018]. ATTY. FELIX CRUZ VERSUS SPOUSES OH CHI BIN AND MARIA CRUZ OH, OH CHU KIONG, AND/OR THEIR REPRESENTATIVES, AGENTS AND/OR ASSIGNS. FACTS:  A perusal of the complaint reveals that the allegations do not contain facts that would establish Atty. Felix Cruz's (Cruz) claim that he permitted or tolerated the occupation of the properties by respondents. The CA correctly observed that Cruz merely alleged his ownership of the subject properties, without stating a particular overt act indicative of his permission or tolerance of the occupancy of respondents. HELD:  In order to justify an action for unlawful detainer, the owner's permission or tolerance must be present at the beginning of the possession. Furthermore, the complaint must aver the facts showing that the inferior court has jurisdiction to try the case; for example, by describing how defendant's possession started or continued. In ejectment proceedings, the courts re

Senator Miriam Defensor Santiago (MDS) was a Filipino academic, lawyer, judge, author, and statesman, who served in all three branches of the Philippine government: judicial, executive, and legislative. She left her mortal body on 29 September 2016 at the age of 71, leaving millions of Filipinos in great pain and regret for the loss of such a brilliant scholar and lawmaker. It will be recalled that, in 2014, MDS admitted she did not top the 1969 Bar exams and, in fact, almost flunked it. A report on the University of the Philippines Vanguards website said Santiago got a 78% average grade in the Bar. "Sasagutin ko ang tanong mo - I almost flunked the Bar? That's right because I fell in love. I never denied it. I never passed myself off as topping the Bar. What I am saying is I passed the Bar," she said. In 2005, the late MDS urged the Supreme Court (SC) to abolish the Bar examinations as a requisite prior to practice of law in the Philippines because, she said, "p

A confidence vote, otherwise known as "motion of no-confidence" or "vote of no confidence," is a statement or vote about whether a person in a position of responsibility is no longer deemed fit to hold that position. Reasons for such a vote may include that he is inadequate in some respect, that he is failing to carry out obligations, or that he is making decisions that other members feel detrimental. As a process in a parliamentary form of government, such a vote demonstrates to the head of state that the elected parliament no longer has confidence in (one or more members of) the appointed government. In some countries, if a no confidence motion is passed against an individual minister or a prime minister, it is a signal that such minister has to resign along with the entire council of ministers. In many parliamentary democracies, there are strict time limits for no-confidence motions: they may only be allowed once every three, four or six months. Thus, the tim

CASE DIGEST: [G.R. No. 217025, August 23, 2017]. PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. EDUARDO TERELIOS, ACCUSED-APPELLANT. FACTS:  The RTC issued a decision finding the accused-appellant guilty beyond reasonable doubt of three counts of qualified rape committed against AAA, his own minor daughter. This was affirmed by the CA. The accused-appellant was penalized by the lower courts with  reclusion perpetua  for each count of qualified rape. However, the applicable law - Article 266-A and Article 266-B of the  Revised Penal Code , as amended - clearly set death as the penalty for qualified rape , to wit: Article 266-A. Rape; When and How Committed. - Rape is committed: By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. Through force, threat or intimidation; b. When the offended party is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; and d. When the offe

Employment is typically governed by employment laws, regulations or legal contracts. For example, a project employee is defined under Article 280 of the Labor Code as one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. (G.R. No. 229121. August 23, 2017) Other than project employment, there are under types of employment under Philippine labor law. They are regular employment, casual employment, seasonal employment and fixed-term employment. [1]  D.M. Consunji, Inc. v. Gobres,  G.R. No. 169170, August 8, 2010, 627 SCRA 145. [2] G.R. No. 141464, September 21, 2005, 470 SCRA 461. [3]  Caseres v. Universal Robina Sugar Milling Corporation (URSUMCO),  G.R. 159343, September 28, 2007, 534 SCRA 356. [4]  Brent School, Inc. v. Zamora, 

CASE DIGEST: [G.R. No. 223348, August 23, 2017]. SILVINO L. TARA AND MARITESS A. TARA, PETITIONERS, V. PEOPLE OF THE PHILIPPINES, RESPONDENT. FACTS:  On November 3, 2005, complainant Joseph Walde and his wife discovered that their Toshiba laptop and video camera were missing, with signs of entry into their bedroom. Joseph tried to search for the stolen articles around the neighborhood but to no avail. He reported the theft to the Las Piñas City Police at its Police Precinct No. 5. On November 4, 2005, Joseph distributed flyers around the neighborhood offering a reward for the return of the stolen articles. On November 8, 2005, he received a call from petitioner Maritess Tara informing him that she had information about the stolen laptop. Joseph confirmed the information to be true after she sent a photo of the laptop that had the photograph of Joseph and his wife as a newlywed couple as the Screensaver. Joseph and Maritess agreed to meet at the SM Southmall at 8:00 o'clock tha

CASE DIGEST: [G.R. No. 237761, June 11, 2018]. WILFREDO M. CAMUS, BENITO A. CHING, CLARO M. PONCE, ZACARIAS M. FERRER, AND RAMON E. ACUNA V. MAMERTO ANTONIO, BONIFACIO VERSOZA, JR., AND MARICEL RAMIREZ. As correctly ruled by the CA, the Office of the Ombudsman did not err in finding petitioners liable for Grave Misconduct for having falsified five (5) official documents. Records show that petitioners, taking advantage of their public positions, prepared, signed, and issued five (5) barangay resolutions to make it appear that the Sangguniang Barangay held a session on December 1, 2013 with all its members voting unanimously in favor of the appointment of some barangay personnel, when in fact, it did not. Case law states that misconduct, which is characterized by a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer, is considered grave if it involves additional elements such as willful inten

CASE DIGEST: [ G.R. No. 235814, February 21, 2018 ]. EDEN C. PITO, REMEDIOS C. LIAGIA, EXEQUIEL A. BARILLO, BOBBY B. ALAMAN, THELMA B. MARIN, JOSEPHINE B. ENGUITO, JENNIFER H. ROASOL V. RODOLFO B. LUNA. After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the August 17, 2017 and October 12, 2017 Resolutions of the Court of Appeals (CA) in CA-G.R. SP No. 08193-MIN for failure of petitioners Eden C. Pito, Remedios C. Lingua, Exequiel A. Barillo, Bobby B. Alaman, Thelma B. Marin, Josephine B. Enguito, and Jennifer L. Roasol (petitioners) to sufficiently show that the CA committed any reversible error in dismissing their Petition for Review filed under Rule 43 of the Rules of Court and their subsequent Motion for Reconsideration of the denial thereof for belated filing. As the CA correctly ruled, petitioners failed to present a compelling justification or reason to relax the rules of procedure; hence, the CA's August 17, 2017 Resolution

Even if you are the legal spouse, if you abandon your husband or wife before he or she dies, thereby rendering you independent from him or her, you will not be legally entitled to social security benefits (pension) under the SSS law that would otherwise accrue to you. CASE DIGEST: [G.R. No. 231317, August 16, 2017]. ESTRELLA MOMOG LATUMBO V. SOCIAL SECURITY SYSTEM (SSS). Petitioner insists that she is a qualified primary beneficiary of her husband Jerry D. Latumbo (Jerry), a member of respondent Social Security System, under Section 8 (e) and (k) of the Social Security Law. She avers that she was never separated from Jerry. In fact, their whole family stayed in Caminawit, San Jose, Occidental Mindoro until Jerry's death on November 18, 1990. Petitioner also denies that she contracted a second marriage with a certain Nelson Mateo (Nelson) whom she claims she does not know and has never met. She points out that respondent failed to present concrete proof of her alleged illicit

CASE DIGEST: [A.M. MTJ-19-1921, February 13, 2019]/ VILMA R. ARRIOLA, COMPLAINANT, V. HON. VICENTE S. FERNANDEZ, RESPONDENT. This administrative matter stemmed from a Complaint-Affidavit for gross ignorance of the law, unauthorized notarization of public documents, and misconduct dated August 22, 2017 filed by Vilma R. Arriola against Judge Vicente S. Fernandez, Jr. in his capacity as the presiding judge of the Municipal Trial Court (MTC), San Felipe, Zambales. The complainant alleged that Judge Fernandez had notarized two judicial affidavits separately executed by a certain Daisy R. Nery and Clifton Galarpe. Each document contained the following  jurat : SUBSCRIBED AND SWORN TO before me this 21st day of July 2017 at San Felipe, Zambales Affiant exhibited her valid Community Tax Certificate.  (signed) Doc. No.__; Vicente S. Fernandez, Jr. Page No.__; Presiding Judge Book No.__; MTC - San Felipe, Series of 2017 Zambales The complainant believed that Judge Fernandez'

CASE DIGEST: [G.R. No. 230591, August 16, 2017]. VIRGILIO BALABAD AND BENHUR BALABAD VS. PEOPLE OF THE PHILIPPINES. FACTS:  This is a Petition for Review on  Certiorari  filed under Rule 45 of the Rules of Court. Said Petition lacks proof of authority of the affiant, Oscar Maria H. Tan, Jr. (Mr. Tan), to sign the verification and certification on non-forum shopping for and on behalf of petitioners, in violation of Sections 1 and 4, Rule 45, in relation to Sections 4 and 5, Rule 7 of the Rules of Court. Mr. Tan represents himself as the counsel of petitioners Virgilio and Benhur, both surnamed Balabad. As their alleged representative, he affixed his signature to the verification and certification against forum-shopping. HELD: Under Section 5, Rule 45 and Sections 5(d), Rule 56 of the Rules of Court, the petition shall be denied for petitioners' failure to comply with any of these requirements. Mr. Tan committed an erroneous undertaking since the same must be executed by the

CASE DIGEST: [G.R. No. 233756, January 22, 2018]. CECILIO DELOS ANGELES, JR. V. PEOPLE OF THE PHILIPPINES. The Court of Appeals dismissed petitioner Cecilio Delos Angeles, Jr.'s appeal of the September 5, 2013 Decision of the RTC, convicting him of estafa through falsification of a public document. On appeal in the Supreme Court, petitioner's motion for extension of 30 days to file his petition for review was granted with a warning that it should be the last and no further extension would be given. However, instead of filing his petition on the due date, he filed a Motion for Additional Time to File Petition for Certiorari, praying for an additional 15 days. When he finally filed his Petition for Review, the extended reglementary period granted to him had already elapsed. Moreover, petitioner's signature on the Verification and Certification on Non-Forum Shopping is not an original signature, but appears to be a mechanical or electronic facsimile. Most importantly

The phrase "power over processes" refers to the rule-making power of the Supreme Court. "Power over processes" is sometimes used instead of the latter because of the administrative law principle called "power of subordinate legislation" which is also often called "rule-making power." In this post, what is referred to is the power of the Judiciary to promulgate rules regarding pleading, practice and procedure. This has direct connection with the principle of separation of powers because no other Branch of Government is allowed to promulgate orders, statutes or rules that interferes with this judicial power. [1] Estipona v. Judge Lobrigo. https://www.projectjurisprudence.com/2017/09/estipona-vs-lobrigo-226679-august.html. [2] Garcia v. Judge Drilon, et al., 712 Phil. 44, 84 (2013). [3] GMA Network, Inc. v. COMELEC, 742 Phil. 174, 209-210 (2014). [4] People v. Castro, 340 Phil. 245, 246 (1997); People v. Camba, 302 Phil. 311, 323 (

It is settled that Article 1173 of the Civil Code requires the exercise of that diligence which is expected of a good father of a family in the performance of an obligation. Indeed, the test to determine whether negligence attended the performance of an obligation is to answer a simple question. Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence. Furthermore, the CA correctly ruled that petitioner and Pan Pacific Travel Corporation are jointly and solidarily liable for the amounts awarded to respondents for being joint tortfeasors. In  Philippine Airlines, Inc. v. Lim,  the Court reiterated the established principles pertaining thereto as follows: Where there are several causes for the resulting damages, a party is not relieved from liability, even partially. It is sufficient that the negligence of a party is an efficient cause

CASE DIGEST: [G.R. No. 226679, August 15, 2017]. SALVADOR ESTIPONA, JR. Y ASUELA, PETITIONER, HON. FRANK E. LOBRIGO, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 3, LEGAZPI CITY, ALBAY, AND PEOPLE OF THE PHILIPPINES, RESPONDENTS. FACTS:  Challenged in this petition for  certiorari  and prohibition is the constitutionality of Section 23 of Republic Act ( R.A. ) No. 9165, or the " Comprehensive Dangerous Drugs Act of 2002 ," which provides: SEC 23.  Plea-Bargaining Provision . - Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. Petitioner Salvador A. Estipona, Jr. ( Estipona ) is the accused in Criminal Case No. 13586 for violation of Section 11, Article II of R.A. No. 9165 ( Possession of Dangerous Drugs ). On June 15, 2016, Estipona filed a  Motion to Allow the Accused to Enter into a Plea Bargaining Agreement , praying to withdraw his not guilty plea and,