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4. A motion for execution pending appeal filed by the prevailing party shall
contain a three-day notice to the adverse party and execution pending
appeal shall not issue without prior notice and hearing. (JESUS M. CALO v.
COMELEC, G.R. No. 185222, January 19, 2010)
6. The failure of a judge to resolve cases submitted for decision within the
period fixed by law may constitute undue delay but is not tantamount to
dereliction of duty. (LUMINZA DELOS REYES v. JUDGE DANILO S.
CRUZ AND GODOLFO R. GUNDRAN, A.M. No. RTJ-08-2152, January
18, 2010)
7. In order that a petition for certiorari may lie, grave abuse of discretion must
exist. It is not sufficient that the respondent disagreed with the findings of
another or considered them in error; it had to determine that the findings
had run berserk, prompted by passion and personal hostility rather than by
reason. (DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AND
NATIONAL MARITIME POLYTECHNIC (NMP) v. RUBEN Y. MACEDA,
G.R. No. 185112, January 18, 2010)
9. The ruling in Divina Gracia vs. COMELEC, which held that errors in the
matter of non-payment or incomplete payment of the two appeal fees in
election cases are no longer excusable, contextually finds applicability only
in cases where notices of appeal were filed at least after the promulgation of
the Divina Gracia decision on July 27, 2009. (MATEO R. NOLLEN, JR. v.
COMMISSION ON ELECTIONSAND SUSANA M. CABALLES, G.R. No.
187635, January 11, 2010)
11. A reading of the conflict of interest rule reveals that the prohibition
against NEA personnel from participating in any question pertaining to a
public service entity where he is directly or indirectly interested has the
purpose of preventing such personnel from exercising the power of his office
for personal pecuniary gain, which may cause grave damage and prejudice
to public interest. (NATIONAL ELECTRIFICATION ADMINISTRATION v.
CIVIL SERVICE COMMISSION AND PEDRO RAMOS, G.R. No. 149497,
January 25, 2010)
12. Under Section 9, Rule 141 of the Rules of Court, the sheriff is
required to secure the court's prior approval of the estimated expenses and
fees needed to implement the court process. (BENJAMIN E. SANGA v.
FLORENCIO SJ. ALCANTARA AND SALES T. BISNAR, A.M. No. P-09-
2657, January 25, 2010)
13. When the printed election propaganda was published, there arises a
presumption that there was written acceptance by petitioner of the
advertisement paid for or donated by his friends in the absence of evidence
to the contrary. (ALVIN B. GARCIA v. COMMISSION ON ELECTIONS
AND TOMAS R. OSMEA, G.R. No. 170256, January 25, 2010)
15. The discretion to determine whether a case should be filed or not lies
with the Ombudsman. Unless grave abuse of discretion amounting to lack
or excess of jurisdiction is shown, judicial review is uncalled for as a policy
of non-interference by the courts in the exercise of the Ombudsmans
constitutionally mandated powers. (ANGELITA DE GUZMAN v. EMILIO A.
GONZALEZ III, et al., G.R. No. 158104, March 26, 2010)
17. The practice of law is a privilege given to lawyers who meet the high
standards of legal proficiency and morality. Any violation of these standards
exposes the lawyer to administrative liability. (ATTY. BONIFACIO
BARANDON, JR. v. ATTY. EDWIN FERRER, SR. , A.C. No. 5768, March
26, 2010)
18. The guaranty of the equal protection of the laws is not violated by a
legislation based on a reasonable classification. (NATIONAL POWER
CORPORATION v. PINATUBO COMMERCIAL, G.R. No. 176006, March
26, 2010)
21. The RTC, after hearing the evidence of the parties, dismissed the
case, holding that Doa Rosana Realty and its president were buyers of the
property in good faith and Molave Development did not have a cause of
action against them. Clearly, The RTC did not dismiss the case on the
ground that the complaint did not state a cause of action, which is an
entirely different matter. (DOA ROSA REALTY AND DEVELOPMENT
CORPORATION AND SYKAKIENG v. MOLAVE DEVELOPMENT
CORPORATION, G.R. No. 180523, March 26, 2010)
22. Law enforcers and public officers have the duty to preserve the chain
of custody over the seized drugs. This guarantee of the integrity of the
evidence to be used against an accused goes to the very heart of his
fundamental rights. (PEOPLE OF THE PHILIPPINES v. RONALDO DE
GUZMAN, G.R. No. 186498, March 26, 2010)
23. The general rule is, if what is being questioned is the correctness of
the number of votes for each candidate, the best and most conclusive
evidence is the ballots themselves. However, this rule applies only if the
ballots are available and their integrity has been preserved from the day of
elections until revision. (BAI SANDRA S.A. SEMA v. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND DIDAGEN P.
DILANGALEN G.R. No. 190734, March 26, 2010)
24. Acts which affect the performance of duties as an officer of the court
and taints the judiciarys integrity should be punished accordingly.
(ROLAND ERNEST MARIE JOSE SPELMANS v. JUDGE GAYDIFREDO
T. OCAMPO, A.M. No.MTJ-07-1663, March 26, 2010)
25. The law does not intend to place local government officials in the
difficult position of having to choose between disobeying a reassignment
order or keeping an allowance. Thus, absent a legal basis for its
discontinuance, a government official who has been reassigned is still
entitled to receive RATA. (DEPARTMENT OF BUDGET AND
MANAGEMENT v. OLIVIA LEONES, G.R. No. 169726, March 18,
2010)
28. It has been frequently decided, and it may be stated as a general rule
recognized by all the courts, that statutes providing for election contests are
to be liberally construed, to the end that the will of the people in the choice
of public officers may not be defeated by merely technical objections.
(PEDRO MANZA et al. v. EDUARDO GUTIERREZ DAVID, et al. , G. R.
No. 42181, March 15, 2010)
29. The issuance of a preventive suspension comes well within the scope
of the MTRCBs authority and functions expressly set forth in PD 1986.
(ELISEO SORIANO v. MA. CONSOLIZA LAGUARDIA, et al., G.R. No.
164785, March 15, 2010)
31. The National Power Corporation is not exempt from the payment of
filing/ docket fees. It can no longer invoke Republic Act No. 6395 (NPC
Charter), as amended by Presidential Decree No. 938, as its basis for
exemption from the payment of legal fees. (IN RE: EXEMPTION OF THE
NATIONAL POWER CORPORATION FROM PAYMENT OF FILING/
DOCKET FEES, A.M. No. 05-10-20-SC, March 10, 2010)
39. If the Court were to tabulate the results reflected in the ERs, it would,
in effect, convert itself into a board of canvassers. This would entail
a function which, obviously, this Court, in a petition for certiorari, cannot
perform. (JESUS TYPOCO v. COMMISSION ON ELECTIONS, et al. , G.R.
No. 186359, March 5, 2010)
40. The constitutional mandate to protect and promote the right of all
citizens to quality education at all levelsis directed to the State and not to
the school. (THE PARENTS-TEACHERS ASSOCIATION (PTA) OF ST.
MATHEW CHRISTIAN ACADEMY, et al. v. THE METROPOLITAN
BANK AND TRUST CO., G.R. No. 176518. March 2, 2010)
41. Due process, simply requires: 1) the right to notice of the institution
of the proceedings that may affect a persons legal right; 2) the right to a
reasonable opportunity to appear and defend his rights and to introduce
witnesses and relevant evidence in his favor; 3) the right to a tribunal so
constituted as to give him reasonable assurance of honesty and impartiality,
and one of competent jurisdiction; and 4) the right to a finding or decision
of that tribunal supported by substantial evidence presented at the hearing
or at least ascertained in the records or disclosed to the parties. (MAYOR
ABRAHAM N. TOLENTINOv. COMMISSION ON ELECTIONS
(COMELEC) et. al.
G.R. Nos. 187958, 187961, and 187962, April 7, 2010)
46. Compensation and benefits of public officers are not intended purely
for the personal benefit of officers neither is payment of salaries and
benefits to a public officer satisfies the public purpose requirement. That
theory would lead to the anomalous conclusion that government officers and
employees may be paid enormous sums without limit or without any
justification necessary other than that such sums are being paid to someone
employed by the government. (RAMON R. YAP v. COMMISION ON
AUDIT, G.R. No. 158562, April 23, 2010)
49. Unless it is shown that the questioned acts were done in a capricious and
whimsical exercise of judgment evidencing a clear case of grave abuse of
discretion amounting to lack or excess of jurisdiction, this Court will not interfere
in the findings of probable cause determined by the Ombudsman. (ROBERTO B.
KALALO v. OFFICE OF THE OMBUDSMAN, ERNESTO M. DE CHAVEZ
AND MARCELO L. AGUSTIN, G.R. No. 158189, April 23, 2010)
50. Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud;
untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud, deceive
or betray. (NATIONAL POWER CORPORATION v. ALAN A. OLANDESCA,
G.R. No. 171434, April 23, 2010)
51. Our Constitution, in using the expressions all workers and no officer or
employee, puts no distinction between a probationary and a permanent or
regular employee which means that both probationary and permanent employees
enjoy security of tenure. Probationary employees enjoy security of tenure in the
sense that during their probationary employment, they cannot be dismissed
except for cause or for failure to qualify as regular employees. (CIVIL SERVICE
COMMISSION (CSC) vs. GREGORIO MAGNAYE, JR., G.R. No. 183337,
April 23, 2010)
53. Domicile is not easily lost. To successfully effect a transfer thereof, one
must demonstrate: (1) an actual removal or change of domicile; (2) a bona fide
intention of abandoning the former place of residence and establishing a new one;
and (3) acts which correspond with that purpose. There must be animus manendi
coupled with animus non revertendi. (LUIS A. ASISTIO v. HON. THELMA
CANLAS TRINIDAD-PE AGUIRRE, G.R. No. 191124, April 27, 2010)
54. The State is the sole judge to decide whether to prosecute claims on
behalf of an individual. It retains, in this respect, a discretionary power the
exercise of which may be determined by considerations of a political or
other nature, unrelated to the particular case. (ISABELITA C. VINUYA, et
al. v. THE HONORABLE EXECUTIVE SECRETARY ALBERTO G.
ROMULO, G.R. No. 162230, April 28, 2010)
58. Although the formula found in Section 17 of the CARL may be justly
adopted in certain cases, it is by no means the only formula that the court
may adopt in determining just compensation. (LAND BANK OF THE
PHILIPPINES v. FORTUNE SAVINGS AND LOAN ASSOCIATION, INC.,
REPRESENTED BY PHILIPPINE DEPOSIT INSURANCE
CORPORATION, G.R. No. 177511, June 29, 2010)
59. The issuance of Memorandum No. 88, which addresses the unabated
conversion of prime agricultural lands for real estate development because
of the worsening rice shortage in the country, was made pursuant to the
general welfare of the public, thus, it cannot be argued that it was made
without any basis. CHAMBER OF REAL ESTATE AND BUILDERS
ASSOCIATIONS, INC. (CREBA) v. THE SECRETARY OF AGRARIAN
REFORM, G.R. No. 183409. June 18, 2010)
61. RA No. 7941, the Party-List System Act, covers all youth sector
nominees vying for party-list representative seats. A nominee of the youth
sector must at least be twenty-five (25) but not more than thirty (30) years of
age on the day of the election. (MILAGROS AMORES v. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND EMMANUEL
VILLANUEVA, G.R. No. 189600, June 29, 2010)
64. To sue as a citizen, three factors are relevant the character of funds
or assets involved in the controversy, a clear disregard of constitutional or
statutory prohibition, and the lack of any other party with a more direct and
specific interest to bring the suit. (ALAN PAGUIA v. OFFICE OF THE
PRESIDENT, et al., G.R. No. 176278, June 25, 2010)
65. A search warrant may readily be obtained when the search is made in
a store, dwelling house or other immobile structure. But it is impracticable
to obtain a warrant when the search is conducted on a mobile ship, on an
aircraft, or in other motor vehicles since they can quickly be moved out of
the locality or jurisdiction where the warrant must be sought. (PEOPLE OF
THE PHILIPPINES v. BELEN MACARIOS, G.R. No. 188611, June 16,
2010)
70. The rule on primary jurisdiction applies only where the administrative
agency exercises quasi-judicial or adjudicatory functions. (UNIVERSITY OF
SANTO TOMAS, GLENDA A. VARGAS, et al. v. DANES B. SANCHEZ,
G.R. No. 165569, July 29, 2010)
71. Government workers, whatever their ranks, have as much right as any
person in the land to voice out their protests against what they believe to be
a violation of their rights and interests. (GSIS AND WINSTON F.
GARCIA, IN HIS CAPACITY AS PRES. & GEN. MANAGER OF GSIS v.
DINNAH VILLAVIZA, et al., G.R. No. 180291, July 27, 2010)
74. Under the Local Government Code, the municipal mayor is required to
secure the prior authorization of the Sangguniang Bayan before entering
into a contract in behalf of the municipality. (MUNICIPALITY OF TIWI
AND SANGGUNIANG BAYAN OF TIWI v. ANTONIO B. BETITO, G.R.
No. 171873, July 9, 2010)
75. Being merely a rectifying issuance and not a rezoning enactment, the
questioned Resolution did not have to comply with the mandatory
requirements of notice and hearing. (THE LEARNING CHILD, INC., et al.
v. AYALA ALABANG VILLAGE ASSOCIATION, et al., G.R. Nos. 134269,
134440, 144518, July 7, 2010)
76. The Ombudsman has concurrent jurisdiction with the Sangguniang
Bayan over administrative cases against elective barangay officials
occupying positions below salary grade 27. (OFFICE OF THE
OMBUDSMAN v. ROLSON RODRIQUEZ, G.R. No. 172700. July 23,
2010)
78. Like all the constitutional guarantees, the right to information is not
absolute. The people's right to information is limited to "matters of public
concern," and is further "subject to such limitations as may be provided by
law." (HAZEL MA. C. ANTOLIN v. ABELARDO R. DOMONDON, et al.,
G.R. No. 165036, July 5, 2010)
81. A decision rendered without due process is void ab initio and may
be attacked at anytime directly or collaterally by means of a separate
action, or by resisting such decision in any action or proceeding where it
is invoked. (WINSTON F. GARCIA v. MARIO MOLINA AND ALBERT
VELASCO, G.R. No. 157383, August 10, 2010)
83. The rationale for upholding the validity of union shop clauses in a
CBA, even if they impinge upon the individual employees right or
freedom of association, is not to protect the union for the unions
sake. Laws and jurisprudence promote unionism and afford certain
protections to the certified bargaining agent in a unionized company
because a strong and effective union presumably benefits all employees
in the bargaining unit since such a union would be in a better position to
demand improved benefits and conditions of work from the
employer. (BANK OF THE PHILIPPINE ISLANDS v. BPI
EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS
IN BPI UNIBANK, G.R. No. 164301. August 10, 2010)
91. The Retail Trade Liberalization Act of 2000 R.A. 8762 is valid and
constitutional. While Section 19, Article II of the 1987 Constitution requires
the development of a self-reliant and independent national economy
effectively controlled by Filipino entrepreneurs, it does not impose a policy
of Filipino monopoly of the economic environment. Neither does the
lessening of restrainton the foreigners' right to property or to engage in an
ordinarily lawful business, amounts to a denial of the Filipinos' right to
property and to due process of law. (REPRESENTATIVES GERARDO S.
ESPINA, et al. v. HON. RONALDO ZAMORA, JR. (EXECUTIVE
SECRETARY), et.al
G.R. No. 143855, September 21, 2010
92. Since the ownership over the subject lands had been vested in Central
Mindanao University as early as 1958, said lands have ceased to be
alienable public lands. Consequently, transferring the lands in 2003 to the
indigenous peoples around the area is not in accord with the IPRA.
(CENTRAL MINDANAO UNIVERSITY v. THE HONORABLE
EXECUTIVE SECRETARY, et.al, G.R. No. 184869, September 21, 2010)
93. The COMELEC is mandated to make the source codes for the AES
technologies it selected for implementation pursuant to R.A. 9369
immediately available to CenPEG and all other interested political parties or
groups for independent review. (CENTER FOR PEOPLE
EMPOWERMENT IN GOVERNANCE v. COMMISSION ON ELECTIONS,
G.R. No. 189546, September 21, 2010)
94. Since LGUs are subject only to the power of general supervision of the
President, the grant of additional compensation like hospitalization and
health care insurance benefits does not need the approval of the President
to be valid. (THE PROVINCE OF NEGROS OCCIDENTAL v. THE
COMMISSIONERS, COMMISSION ON AUDIT, et.al, G.R. No. 182574,
September 28, 2010)
97. By explicit provision of law, the Toll Regulatory Board was given the
power to grant administrative franchise for toll facility projects. (ERNESTO
B. FRANCISCO, JR. AND JOSE MA. O. HIZON v. TOLL REGULATORY
BOARD, et al., G.R. No. 166910, October 19, 2010)
98. Although the COMELEC is admittedly the final arbiter of all factual
issues as the Constitution and the Rules of Court provide, in the presence of
grave abuse of discretion, however, the Courts constitutional duty is to
intervene and not to shy away from intervention simply because a
specialized agency has been given the authority to resolve the factual issues.
(ABRAHAM KAHLIL B. MITRA v. COMMISSION ON ELECTIONS,
et.al., G.R. No. 191938, October 19, 2010)
99. The just compensation due to the landowners for their expropriated
property amounted to an effective forbearance on the part of the State.
Thus, the applicable interest rate at 12% per annum, computed from the
time the property was taken until the full amount of just compensation was
paid. (APO FRUITS CORPORATION AND HIJO PLANTATION, INC., v.
LAND BANK OF THE PHILIPPINES, G.R. No. 164195, October 12,
2010
100. The failure to remit the funds in due time amounts to dishonesty and
grave misconduct which are both punishable with dismissal from service.
(OFFICE OF THE COURT ADMINISTRATOR v. MARCELA V. SANTOS,
A.M. No. P-06-2287, October 12, 2010)
104. An appeal shall not stop the decision from being executory.
Consequently, a decision of the Office of the Ombudsman in administrative
cases shall be executed as a matter of course. (OFFICE OF THE
OMBUDSMAN v. JOEL S. SAMANIEGO , G.R. No. 175573, October 05,
2010)
106. In the exercise of police power, the State can regulate the rates
imposed by a public utility such as SURNECO. Hence, the ERC simply
performed its mandate to protect the public interest imbued in those rates.
(SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC. (SURNECO)
v. ENERGY REGULATORY COMMISSION, G.R. No. 183626, October
04, 2010)
107. The Ombudsman, in dismissing a complaint carries the duty of
explaining the basis for his action; he must determine that the complainant
had failed to establish probable cause. (PRESIDENTIAL AD HOC FACT-
FINDING COMMITTEE ON BEHEST LOANS THRU THE
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. HON.
ANIANO DESIERTO, IN HIS CAPACITY AS OMBUDSMAN, et.al., G.R.
No. 148269, November 22, 2010)
111. PCGG may not delegate to its representatives and subordinates its
authority to sequester and any such delegation is invalid and ineffective.
(REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN (FOURTH
DIVISION) AND IMELDA R. MARCOS, G.R. No. 155832, December 07,
2010)
114. Under the plain view doctrine, objects falling in the plain view of an
officer, who has a right to be in the position to have that view, are subject to
seizure and may be presented as evidence. (ELENITA C. FAJARDO v.
PEOPLE OF THE PHILIPPINES, G.R. No. 190889, January 10, 2011)
116. While the construction project is void for failing to meet the
requirements of the law, payment must be made as to disallow the same
would be to allow the government to unjustly enrich itself at the expense of
another. (GREGORIO R. VIGILAR v. ARNULFO D. AQUINO, G.R. No.
180388, January 18, 2011)
118. It is a settled rule that the nature and character of the land at the
time of its taking is the principal criterion for determining how much just
compensation should be given to the landowner. (MOISESTINIO, JR. AND
FRANCIS TINIO v. NATIONAL POWER CORPORATION, G.R. No.
160923, January 24, 2011)
123. Nowhere in the Section 40 of the Local Government Code will one find
defective certificate of candidacy as a ground for disqualifying a candidate.
Nor does it specify that a defective notarization is a ground for the
disqualification of a candidate. (SERGIO G. AMORA, JR. v. COMMISSION
ON ELECTIONS and ARNIELO S. OLANDRIA, G.R. No. 192280,
January 25, 2011)
131. The Office of the Solicitor General - deputized counsel may file a
notice of appeal. (SOUTH PACIFIC CORPORATION AND SOUTH EAST
ASIA SUGAR MILL CORPORATION v. COURT OF APPEALS AND
SUGAR REGULATORY ADMINISTRATION, G.R. No. 180462, February
9, 2011)
132. A person who administered the oath may be guilty of the crime of
falsification of a public document if it is proved that he has knowledge of the
facts constituting the falsity in a document and in spite of the same he still
administered said oath. (ROSALIO S. GALEOS v. PEOPLE OF THE
PHILIPPINES, G.R. Nos. 174730-37, 174845-52, February 9, 2011)
135. The Constitution did not intend to leave the matter of impeachment to
the sole discretion of Congress. Instead, it provided for certain well-defined
limits, or in the language of Baker v. Carr, "judicially discoverable standards"
for determining the validity of the exercise of such discretion, through the
power of judicial review. (MA. MERCEDITAS N. GUTIERREZ v. THE
HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE, et al., G.R.
No. 193459, February 15, 2011)
137. While Section 10 of R.A. 6713 provides that when the head of office
finds the SALN of a subordinate incomplete or not in the proper form such
head of office must call the subordinates attention to such omission and
give him the chance to rectify the same, and such procedure is an internal
office matter. Whether or not the head of office has taken such step with
respect to a particular subordinate cannot bar the Office of the Ombudsman
from investigating the latter. (LIBERATO M. CARABEO v. THE
HONORABLE SANDIGANBAYAN (FOURTH DIVISION) AND PEOPLE
OF THE PHILIPPINES, G.R. Nos. 190580-81, February 21, 2011)
138. Since it is the COMELEC which has jurisdiction to take cognizance of
an appeal from the decision of the Regional Trial Court in election contests
involving elective municipal officials, then it is also the COMELEC which has
jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction.
(FESTO R. GALANG, JR. v. HON. RAMIRO R. GERONIMO and
NICASIO M. RAMOS, G.R. No. 192793, February 22, 2011)
139. In order that the public officer may be held guilty of giving
unwarranted advantage to another to the prejudice of the government, it
must be shown that the accused public officials did not rely on the
competence and good faith of his subordinates. (ANTONIO Y. DE JESUS,
SR., ANATOLIO A. ANG and MARTINA S. APIGO v. SANDIGANBAYAN-
FOURTH DIVISION and PEOPLE OF THE PHILIPPINES, G.R. Nos.
182539-40, February 21, 2011)
141. Under Section 11, Article XII of the Constitution, PAGCOR's franchise
is subject to amendment, alteration or repeal by Congress such as the
amendment under Section 1 of R.A. No. 9377. Hence, the provision in
Section 1 of R.A. No. 9337, amending Section 27 (c) of R.A. No. 8424 by
withdrawing the exemption of PAGCOR from corporate income tax, which
may affect any benefits to PAGCOR's transactions with private parties, is not
violative of the non-impairment clause of the Constitution. (PHILIPPINE
AMUSEMENT AND GAMING CORPORATION (PAGCOR) v. THE
BUREAU OF INTERNAL REVENUE (BIR) et al., G.R. No. 172087,
March 15, 2011)
143. Lawyers when they teach law are considered engaged in the practice
of law. Thus, their actions as law professors must be measured against the
same canons of professional responsibility applicable to acts of members of
the Bar as the fact of their being law professors is inextricably entwined
with the fact that they are lawyers. (RE: LETTER OF THE UP LAW
FACULTY ENTITLED "RESTORING INTEGRITY: A STATEMENT BY
THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE
OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND
MISREPRESENTATION IN THE SUPREME COURT", A.M. No. 10-10-
4-SC, March 08, 2011)
144. Reliance of the judge to the failure of his staff and even that of the
party to inform him that the latter is yet to receive the Order to Comment
will not shield him from his liability in failing to render a mere resolution to
a mere motion to recall witness. (FERDINAND C. BACOLOT v. HON.
FRANCISCO D. PAO, A.M. No. RTJ-10-2241, March 09, 2011)
145. Sheriffs are not allowed to receive any voluntary payments from
parties in the course of the performance of their duties. Corollary, a sheriff
cannot just unilaterally demand sums of money from a party-litigant without
observing the proper procedural steps; otherwise, such act would amount to
dishonesty or extortion. (DY TEBAN TRADING CO., INC. v. ARCHIBALD
C. VERGA, A.M. No. P-11-2914, March 16, 2011)
146. While the executive judge may not require court personnel to perform
work outside the scope of their job description, except duties that are
identical with or are subsumed under their present functions, the executive
judge may reassign court personnel of multiple-branch courts to another
branch within the same area of administrative supervision when there is a
vacancy or when the interest of the service requires, subject, further to the
limitation that the reassignment is not for an indefinite period.
(EXECUTIVE JUDGE LEONILO B. APITA, v. MARISSA M.
ESTANISLAO, A.M. No. P-06-2206, March 16, 2011)
148. The Land Bank of the Philippines is not merely a nominal party in the
determination of just compensation but an indispensable participant in such
proceedings. As such, LBP possessed the legal personality to institute a
petition for determination of just compensation. (DAVAO FRUITS
CORPORATION v. LAND BANK OF THE PHILIPPINES, G.R. No.
181566, March 09, 2011)
149. When the issues presented do not require the expertise, specialized
skills and knowledge of body but are purely legal questions which are within
the competence and jurisdiction of the Court, the doctrine of primary
jurisdiction should not be applied. (AQUILINO Q. PIMENTEL, JR., et al. v.
SENATE COMMITTEE OF THE WHOLE REPRESENTED BY SENATE
PRESIDENT JUAN PONCE ENRILE, G.R. No. 187714, March 08, 2011)
156. The COMELEC en banc had jurisdiction over the petition for
cancellation of the registration and accreditation of a party-list and not the
HRET as although it is the party-list organization that is voted for in the
elections, it is not the organization that sits as and becomes a member of the
House of Representatives, but it is the party-list nominee/representative who
sits as a member of the House of Representatives over which the HRET has
jurisdiction over. (ABC (ALLIANCE FOR BARANGAY CONCERNS)
PARTY LIST, REPRESENTED HEREIN BY ITS CHAIRMAN, JAMES
MARTY LIM v. COMMISSION ON ELECTIONS AND MELANIO
MAURICIO, JR., G.R. No. 193256, March 22, 2011)
160. The Court has time and again admonished judges to be prompt in the
performance of their solemn duty as dispenser of justice, since undue delays
erode the people's faith in the judicial system. (JOSEFINA NAGUIAT v.
JUDGE MARIO B. CAPELLAN, A. M. No. MTJ-11-1782, March 23,
2011)
161. R.A. No. 6975 is intended only to prevent the new appointee from
serving beyond the term of office of the original appointee. It does not
prohibit the new appointee from serving less than the unexpired portion of
the term as in the case of a temporary appointment. (HON. LUIS MARIO
M. GENERAL v. HON. ALEJANDRO S. URRO, IN HIS CAPACITY AS
THE NEW APPOINTEE VICE HEREIN PETITIONER, et al., G.R. No.
191560, March 29, 2011)
166. A province may be created without complying with Sec. 461 of the
LGC requiring contiguous territory of at least two thousand (2,000)
square kilometres. (RODOLFO G. NAVARRO, VICTOR F. BERNAL,
AND RENE O. MEDINA v. EXECUTIVE SECRETARY EDUARDO
ERMITA, G.R. No. 180050, April 12, 2011)
172. The public officials personal liability arises only if the expenditure of
government funds was made in violation of law. (TOMAS R. OSMEA, IN
HIS PERSONAL CAPACITY AND IN HIS CAPACITY AS CITY MAYOR
OF CEBU CITY v. THE COMMISSION ON AUDIT, G.R.No. 188818 May
31, 2011)
174. Security guards, by the very nature of their work, are mandated to
secure the court premises and protect its property from pilferage. It should
go without saying that their duty should never be compromised to advance
their own interests. (RE: THEFT OF THE USED GALVANIZED IRON (GI)
SHEETS IN THE SC COMPOUND, BAGUIO CITY, A.M. No. 2008-15-
SC. May 31, 2011)
176. Section 23, Rule XIV of the Omnibus Rules Implementing Book V of
Executive Order No. 292 provides that administrative offenses are classified
into grave, less grave and light, depending on the gravity of the nature of
the act complained of. The less grave offenses of simple neglect of duty and
of simple misconduct carry the penalty of suspension for one (1) month and
one (1) day to six (6) months for the first offense. (AN ANONYMOUS
COMPLAINT AGAINST ATTY. PORTIA DIESTA, BRANCH CLERK OF
COURT, REGIONAL TRIAL COURT, BRANCH 236, PASIG CITY AND
LUZ SANTOS-TACLA, CLERK III, SAME COURT, A.M. No. P-05-1970
(Formerly A.M.OCA I.P.I. No. 04-1962-P), May 30, 2011)
181. Section 8 of DAO 63 is clear. It states that in the event there are two
or more applicants over the same area, priority shall be given to the
applicant that first filed its application. (DIAMOND DRILLING
CORPORATION OF THE PHILIPPINES v. NEWMOUNT PHILIPPINES
INCORPORATED, G.R. No. 183576, May 30, 2011)
184. Since the BSP, under its amended charter, continues to be a public
corporation or a government instrumentality, we come to the inevitable
conclusion that it is subject to the exercise by the COA of its audit
jurisdiction in the manner consistent with the provisions of the BSP
Charter. (BOY SCOUTS OF THE PHILIPPINES v. COMMSSION ON
AUDIT, G.R. No. 177131, June 7, 2011)
185. The President did not proclaim a national emergency, only a state
of emergency. The calling out of the armed forces to prevent or suppress
lawless violence in such places is a power that the Constitution directly
vests in the President, without need of congressional authority to
exercise the same. (DATU ZALDY UY AMPATUAN, et al. v. HON.
RONALDO PUNO, et al., G.R. No. 190259, June 7, 2011)
189. The fair market value of the lot should be determined at the time
when the parties signed the compromise agreement and the same was
approved because this is tantamount to EPZA impliedly agreeing to
paying the market value in 1993. (EXPORT PROCESSING ZONE
AUTHORITY v. ESTATE OF SALUD JIMENEZ, et al., G.R. No.
188995, August 24, 2011)
190. The power of the HRET, no matter how complete and exclusive,
does not carry with it the authority to delve into the legality of the
judgment of naturalization in the pursuit of disqualifying
Limkaichong. To rule otherwise would operate as a collateral attack on
the citizenship of the father which is not permissible. (RENALD F.
VILANDO v. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL, et al., G.R. Nos. 192147, August 23, 2011)
194. Payment for services done on account of the government, but based
on a void contract, cannot be avoided. (DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS v. RONALDO E. QUIWA, DOING BUSINESS
UNDER THE NAME "R.E.Q. CONSTRUCTION," et al., G.R. No.
183444, October 12, 2011)
195. An immunity statute does not, and cannot, rule out a review by this
Court of the Ombudsmans exercise of discretion, however, the Court
intervention only occurs when a clear and grave abuse of the exercise of
discretion is shown. (ERDITO QUARTO v. THE HONORABLE
OMBUDSMAN SIMEON MARCELO, et al., G.R. No. 169042, October
5, 2011)
196. Price escalation is expressly allowed under Presidential Decree 1594,
which law allows price escalation in all contracts involving government
projects including contracts entered into by government entities and
instrumentalities and Government Owned or Controlled Corporations
(GOCCs). (PHILIPPINE ECONOMIC ZONE AUTHORITY v. GREEN ASIA
CONSTRUCTION & DEVELOPMENT CORPORATION, G.R. No.
188866, October 19, 2011)
198. Only the OSG, and not the private offended party, has the authority
to question the order granting the demurrer to evidence in a criminal
case. And an acquittal by virtue of a demurrer to evidence is not
appealable because it will place the accused in double jeopardy.
(BENJAMIN B. BANGAYAN, JR v. SALLY GO BANGAYAN, GR No.
172777, October 19, 2011)
202. The Revised Charter of Quezon City expressly provided that the city
government had the power to regulate the kinds of buildings and structures
that may be erected within fire limits and the manner of constructing and
repairing them. The MMDA does not have the power to declare a thing a
nuisance. Only courts of law have the power to determine whether a thing is
a nuisance. (EMILIO GANCAYCO v. CITY GOVERNMENT OF QUEZON
CITY AND METRO MANILA DEVELOPMENT AUTHORITY, G.R. No.
177807, October 11, 2011)
204. While as a rule, it is beyond the province of the Court to analyze and
weight the parties evidence all over again in reviewing administrative
decisions, an exception thereto lies as when there is serious ground to
believe that a possible miscarriage of justice would thereby result. (OFFICE
OF THE OMBUDSMAN v. ANTONIO T. REYES G.R. No. 170512,
October 5, 2011)
206. The exemption of special courts from the regular raffle was not
established as an ironclad rule. A.M. No. 05-9-03-SC does in fact allow
special courts to acquire jurisdiction over cases that are not drug cases.
(PEOPLE OF THE PHILIPPINES v. HON. JOSE D. AZARRAGA and
JOHN REY PREVENDIDO, G. R. No. 187117, October 12, 2011)
208. The operative fact doctrine is not confined to statutes and rules and
regulations issued by the executive department that are accorded the same
status as that of a statute or those which are quasi-legislative in nature.
(HACIENDA LUISITA, INCORPORATED et.al v. PRESIDENTIAL
AGRARIAN REFORM COUNCIL, G.R. No. 171101, November 22,
2011)
209. P.D. No. 969 mandates the forfeiture and destruction of pornographic
materials involved in the violation of Article 201 of the Revised Penal
Code, even if the accused was acquitted. (FREDRIK FELIX P. NOGALES,
et.al v. PEOPLE OF THE PHILIPPINES, G.R. No. 191080, November
21, 2011)
210. In expropriation cases, the trial court has the discretion to act upon
the commissioners report. (REPUBLIC OF THE PHILIPPINES
REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS (DPWH) v. SPS. TAN SONG BOK AND JOSEFINA S. TAN,
et al., G.R. No. 191448, November 16, 2011)
211. The three-term limitation made under RA No. 9164 has no retroactive
application. (CONSTANCIO F. MENDOZA v. SENEN C. FAMILARA AND
COMMISSION ON ELECTIONS, G.R. No. 191017, November 15, 2011)
213. Executive Order 883 and Career Executive Service Board Resolution
No. 870 having ceased to have any force and effect, the Court can no longer
pass upon the issue of their constitutionality. (ATTY. ELIAS OMAR A.
SANA VS.CAREER EXECUTIVE SERVICE BOARD, G.R. No. 192926,
November 15, 2011)
214. Rice subsidy is one of the benefits that will be granted to employees of
GOCCs or GFIs only if they are "incumbents" as of July 1, 1989.
(MANOLITO AGRA, et al. v. COMMISSION ON AUDIT, G.R. No.
167807, December 6, 2011)
216. R.A. No. 9335, otherwise known as the Attrition Act of 2005 and its
IRR are constitutional. (BUREAU OF (CUSTOMS EMPLOYEES
ASSOCIATION (BOCEA) v. HON. MARGARITO B. TEVES, G.R. No.
181704, December 6, 2011)
218. For a valid dismissal from the government service, the requirements
of due process must be complied with. (PHILIPPINE AMUSEMENT AND
GAMING CORP. v. COURT OF APPEALS and MIA MANAHAN, G.R. No.
185668, December 13, 2011)
219. The Court will never countenance any conduct, act or omission on
the part of all those involved in the administration of justice which would
violate the norm of public accountability and diminish the peoples faith
in the judiciary. (ESPINA & MADARANG CO. & MAKAR
AGRICULTURAL COMMERCIAL & DEVELOPMENT CORP.
(MAKAR), v. HON. CADER P. INDAR AL HAJ, A.M. No. RTJ-07-
2069, December 14, 2011)
220. The Court has already categorically declared in that if the issue of
just compensation is not settled prior to the passage of the CARL, it
should be computed in accordance with the said law, although the
property was acquired under P.D. 27. (LAND BANK OF THE
PHILIPPINES v. HEIRS OF JESUS S. YUJUICO, et al. , G.R. No.
18471, March 21, 2012)
228. The Ombudsman has the power to impose the penalty of removal,
suspension, demotion, fine, censure, or prosecution of a public officer or
employee, in the exercise of its administrative disciplinary authority. The
challenge to the Ombudsmans power to impose these penalties, on the
allegation that the Constitution only grants it recommendatory powers,
had already been rejected by this Court. (OFFICE OF THE
OMBUDSMAN v. NELLIE R. APOLONIO, G.R. No. 165132, March
07, 2012)
231. Coco-levy funds are public funds as these funds are affected by public
interest: to provide means for the rehabilitation and stabilization of a
threatened industry, the coconut industry. (PETITIONER-
ORGANIZATIONS, NAMELY: PAMBANSANG KOALISYON NG MGA
SAMAHANG MAGSASAKA AT MANGGAGAWA SA NIYUGAN
(PKSMMN), COCONUT INDUSTRY REFORM MOVEMENT (COIR) et
al. v. EXECUTIVE SECRETARY et al, G.R. Nos. 147036-37, April 10,
2012)
236. Taking also occurs when agricultural lands are voluntarily offered
by a landowner and approved by PARC for CARP coverage through the stock
distribution scheme, as in the instant case. Thus, HLIs submitting its SDP
for approval is an acknowledgment on its part that the agricultural lands of
Hacienda Luisita are covered by CARP. However, it was the PARC approval
which should be considered as the effective date of taking as it was only
during this time that the government officially confirmed the CARP coverage
of these lands. (HACIENDA LUISITA, INCORPORATED v.
PRESIDENTIAL AGRARIAN REFORM COUNCIL, et al., G.R. No.
171101, April 24, 2012)
237. In the absence of convincing proof that indeed, there were direct
releases of funds to the Members of Congress, who actually spend them
according to their sole discretion, the Priority Development Assistance Fund
cannot be declared unconstitutional. (LAWYERS AGAINST MONOPOLY
AND POVERTY (LAMP), REPRESENTED BY ITS CHAIRMAN AND
COUNSEL, CEFERINO PADUA et al., v. THE SECRETARY OF BUDGET
AND MANAGEMENT, G.R. No. 164987, April 24, 2012)
240. Sec. 1(2), Art. IX(D) of the 1987 Constitution and similar provisions do
not peremptorily prohibit the promotional appointment of a commissioner to
chairman, provided the new appointees tenure in both capacities does not
exceed seven (7) years in all. (DENNIS A. B. FUNA, v. THE CHAIRMAN,
COMMISSION ON AUDIT, REYNALDO A. VILLAR, G.R. No. 192791,
April 24, 2012)
241. Section 13(3) of R.A. 7077 evidently has to do with the composition of
the Retired Reserve Unit. The provision in question does not prescribe the
retirement age for reservists who are called into active service in the regular
armed forces. (COL. JESUS G. CABARRUS, JR., PAF (RES.) v. HON.
SECRETARY OF NATIONAL DEFENSE, et al., G.R. No. 180966, June
13, 2012)
242. Bare general assertions cannot discharge the burden of proof that is
required of an applicant for naturalization. (REPUBLIC OF THE
PHILIPPINES v. KERRY LAO ONG, G.R. No. 175430, June 18, 2012)
244. The conferral of the legislative power of inquiry upon any committee
of Congress, must carry with it all powers necessary and proper for its
effective discharge. (PHILCOMSAT HOLDINGS CORPORATION, et al. v.
SENATE OF THE PHILIPPINES, et al., G.R. No. 180308, June 19,
2012)
245. The power vested by Article IX-C, Section 2(5) of the Constitution and
Section 61 of BP 881 in the COMELEC to register political parties and
ascertain the eligibility of groups to participate in the elections is purely
administrative in character. This process does not entail any determination
of administrative liability, as it is only limited to the evaluation of
qualifications for registration. (MAGDALO PARA SA PAGBABAGO v.
COMMISSION ON ELECTIONS, G.R. No. 190793, June 19, 2012)
258. Under Section 456 of R.A. 7160, or the Local Government Code,
there is no inherent authority on the part of the city vice-mayor to enter
into contracts on behalf of the local government unit, unlike that
provided for the city mayor. Thus, the authority of the vice-mayor to
enter into contracts on behalf of the city was strictly circumscribed by
the ordinance granting it. (ARNOLD D. VICENCIO v. HON.
REYNALDO A. VILLAR, et al., G.R. No. 182069, July 3, 2012)
259. A provincial governor is not endowed with the power to call upon
the armed forces at his own bidding. The calling-out powers
contemplated under the Constitution is exclusive to the President, and an
exercise by another official, even if he is the local chief executive, is ultra
vires, and may not be justified by the invocation of Section 465 of the
Local Government Code. Neither is the provincial governor authorized to
convene a local civilian group or an organization of private citizens as it
is proscribed pursuant to the national policy to establish one police force
and under Sec.24 of Article XVIII of the Constitution. (JAMAR M.
KULAYAN, et al. v. GOV. ABDUSAKUR M. TAN, et al. , G.R. No.
187298, July 3, 2012)
265. The Constitution mandates that the JBC be composed of seven (7)
members only. Thus, any inclusion of another member, whether with one
whole vote or half (1/2) of it, goes against that mandate. (FRANCISCO I.
CHAVEZ v. JUDICIAL AND BAR COUNCIL, et al., G.R. NO.
202242. JULY 17, 2012)
267. The power of judicial review in this jurisdiction includes the power
of review over justiciable issues in impeachment proceedings. (CHIEF
JUSTICE RENATO C. CORONA v. SENATE OF THE PHILIPPINES
SITTING AS AN IMPEACHMENT COURT, et al., G.R. No. 200242,
July 17, 2012)
268. While the Local Government Code charges the LGUs to take on the
functions and responsibilities that have already been devolved upon them
from the national agencies on the aspect of providing for basic services
and facilities in their respective jurisdictions, the Local Government Code
provides an exception in cases involving nationally-funded projects,
facilities, programs and services. (AQUILINO Q. PIMENTEL, JR., et al.
v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, et al. , G.R. No.
195770, July 17, 2012)
269. The failure of the Clerk of Court to remit the court funds
constitutes gross neglect of duty, dishonesty, and grave misconduct
prejudicial to the best interest of the service which warrants the penalty
of dismissal from service. (OFFICE OF THE COURT
ADMINISTRATOR v. LUNALINDA M. PERADILLA, A.M. No. P-09-
2647, July 17, 2012)
273. R.A. 6758 withdrew the authority of the NHA to grant additional
incentive benefits to its project personnel. Only those additional
compensation benefits being received by incumbents before the
effectivity of R.A. 6758, which were not integrated into the standardized
salary rates, shall continue to be authorized. (GENEROSO
ABELLANOSA, et al. v. COMMISSION ON AUDIT AND NATIONAL
HOUSING AUTHORITY, G.R. No. 185806, July 24, 2012)
275. The abolition of the PAGC and the transfer of its functions to a
division specially created within the ODESLA is properly within the
prerogative of the President under his continuing delegated legislative
authority to reorganize his own office pursuant to E.O. 292.
(PROSPERO A. PICHAY, JR. v. OFFICE OF THE DEPUTY
EXECUTIVE SECRETARY FOR LEGAL AFFAIRS-INVESTIGATIVE
AND ADJUDICATORY DIVISION, et al., G.R. NO. 196425, JULY 24,
2012)
279. The mandatory order in the program of devolution under R.A. No.
7160 connotes an imperative obligation and is inconsistent with the idea
of discretion. The only instance that the LGU concerned may choose not
to absorb the NGA personnel is when absorption is not administratively
viable, meaning, it would result to duplication of functions, in which case,
the NGA personnel shall be retained by the national government. (CIVIL
SERVICE COMMISSION v. DR. AGNES QUIDA P. YU , G.R. No.
189041, July 31, 2012)
280. Due process is satisfied when the parties are afforded a fair and
reasonable opportunity to explain their respective sides of the
controversy. Thus, when the party seeking due process was in fact given
several opportunities to be heard and air his side, but it is by his own
fault or choice he squanders these chances, then his cry for due process
must fail. (THE HEIRS OF JOLLY R. BUGARIN v. REPUBLIC OF THE
PHILIPPINES, G.R. No. 174431, August 6, 2012)
282. Due process, as a constitutional precept, does not always and in all
situations require a trial-type proceeding. In administrative proceedings,
the filing of charges and giving reasonable opportunity for the person so
charged to answer the accusations against him constitute the minimum
requirements of due process. (DR. FERNANDO A. MELENDRES M.D.,
EXECUTIVE DIRECTOR OF THE LUNG CENTER OF THE
PHILIPPINES [LCP] v. PRESIDENTIAL ANTI-GRAFT
COMMISSION, et al., G.R. No. 163859, August 15, 2012)
283. The Court cannot countenance neglect of duty for even simple
neglect of duty lessens the peoples confidence in the judiciary and
ultimately in the administration of justice. (MEMORANDA OF JUDGE
ELIZA B. YU ISSUED TO LEGAL RESEARCHER MARIE JOY P.
LAGMAN AND TO COURT STENOGRAPHER SOLEDAD J. BASSIG,
ALL OF METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CIT,
A.M. No. P-12-3033, August 15, 2012)
284. The funds of the UP are government funds that are public in
character and could not be validly made the subject of the RTCs writ of
execution or garnishment. (UNIVERSITY OF THE PHILIPPINES, et
al. v. HON. AGUSTIN S. DIZON,et al. , G.R. No. 171182, August 23,
2012)
286. The Code of Judicial Ethics mandates that the conduct of court
personnel must be free from any whiff of impropriety, not only with
respect to his duties in the judicial branch but also to his behavior
outside the court as a private individual. (JUDGE ARMANDO S.
ADLAWAN v. ESTRELLA P. CAPILITAN, A.M. No.P-12-3080, August
29, 2012)
288. Section 2 which mandated that the coconut levy funds shall not be
considered special and/or fiduciary funds nor part of the general funds of the
national government of P.D. No. 755 contravenes the provisions of the
Constitution. (PHILIPPINE COCONUT PRODUCERS FEDERATION,
INC. (COCOFED), et.al v. REPUBLIC OF THE PHILIPPINES, G.R. Nos.
177857-58, September 04, 2012
291. In correcting the erroneous entry, the COMELEC need not order the
opening of the ballot box for the purpose of recounting the votes of the
candidates affected if the correction sought is such that it can be made
without the need of opening the ballot box. (ANTONIO P. CERON v.
COMMISSION ON ELECTION GRACE P. VALDEZ, et al. , G.R. No.
199084, September 11, 2012)
294. There is no impediment for the COMELEC and the DOJ to create the
Joint Committee and Fact-Finding Team for the purpose of conducting a
thorough investigation of the alleged massive electoral fraud and the
manipulation of election results in the 2004 and 2007 national elections
relating in particular to the presidential and senatorial elections. Neither
does the creation of the said Committee violates the constitutional rights of
an individual. (JOSE MIGUEL T. ARROYO v. DEPARTMENT OF JUSTICE
et al., G.R. No. 199085, September 18, 2012)
295. Directives and orders issued by the President in the valid exercise of
his power of control over the executive department must be obeyed and
implemented in good faith by all executive officials. Acts performed in
contravention of such directives merit invalidation. (DR. EMMANUEL T.
VELASCO, et al. v. COMMISSION ON AUDIT AND THE DIRECTOR,
NATIONAL GOVERNMENT AUDIT OFFICE, G.R. No. 189774,
September 18, 2012)
296. Failure to adduce substantial evidence that the act was part of the
fraudulent scheme amounting to grave misconduct, dishonesty and
reasonable violation of office rules and regulations presupposes that the
imposition of the penalty of dismissal from the service is not warranted.
(GOVERNMENT SERVICE INSURANCE SYSTEM, REPRESENTED BY
ROBERT G. VERGARA v. HEIDI R. CHUA, G.R. No. 202914, September
26, 2012)
297. When the agrarian reform process is still incomplete as the just
compensation due the landowner has yet to be settled, such just
compensation should be determined and the process concluded under
Republic Act No. 6657. (LAND BANK OF THE PHILIPPINES v.
EMILIANO R. SANTIAGO, JR., G.R. No. 182209, October 03, 2012)
299. Civil Service Commission (CSC) has jurisdiction over cases filed
directly with it, regardless of who initiated the complaint. CSC likewise
exercises concurrent original jurisdiction with the Board of Regents over
administrative cases. (CIVIL SERVICE COMMISSION v. COURT OF
APPEALS, et al., G.R. Nos. 176162, 178845, October 09, 2012)
304. Administrative due process cannot be fully equated with due process
in the strict judicial sense. What matters for due process purpose are notice
of what is to be explained, not the form in which the notice is given, and
simply the opportunity to be heard. (SPS. EUGENE C. GO AND
ANGELITA GO, AND MINOR EMERSON CHESTER KIM B. GO v.
COLEGIO DE SAN JUAN DE LETRAN, et. al , G.R. No. 169391, October
10, 2012)
305. The essence of due process is the opportunity to be heard. What the
law prohibits is not the absence of previous notice but the absolute absence
thereof and the lack of opportunity to be heard. (JOHN C. ARROYO, et al.
v. ROSAL HOMEOWNERS ASSOCIATION, INC , G.R. No. 175155,
October 22, 2012)
306. Acquisition of the property under OLT or P.D. No. 27 does not
necessarily mean that the determination of just compensation thereof must
be under the same decree. (LAND BANK OF THE PHILIPPINES v. SPS.
ROKAYA AND SULAIMAN BONA , G.R. No. 180804, November 12,
2012)
307. The votes cast for a nuisance candidate declared as such in a final
judgment, particularly where such nuisance candidate has the same
surname as that of the legitimate candidate, are not stray but must be
counted in favor of the latter. (CASIMIRA S. DELA CRUZ v.
COMMISSION ON ELECTIONS AND JOHN LLOYD M. PACETE , G.R.
No. 192221, November 13, 2012)
308. The Migrant Workers and Overseas Filipinos Act of 1995 is valid and
constitutional. (HON. PATRICIA A. STO. TOMAS, et al. vs. REY SALAC,
et al., G.R. No. 152642, November 13, 2012)
309. A case becomes moot and academic when there is no more actual
controversy between the parties or no useful purpose can be served in
passing upon the merits. (JOEL P. QUIO, et al. v. COMMISSION ON
ELECTIONS AND RITCHIE R. WAGAS , G.R. No. 197466, November
13, 2012)
312. The consolidation of cases to a DOJ Special Panel under DO No. 182
does not violate equal protection of law and the right to speedy disposition
of cases guaranteed by the Constitution. (SPOUSES AUGUSTO G.
DACUDAO AND OFELIA R. DACUDAO v. SECRETARY OF JUSTICE ,
G.R. No. 188056, January 08, 2013)
313. The winning elected official in an election protest grants the local
elected official the right to serve the unexpired portion of the term.
(MAYOR ABELARDO ABUNDO, SR. v COMMISSION ON ELECTIONS ,
G.R. No. 201716, January 08, 2013)
315. Mandamus will issue only when the petitioner has a clear legal right
to the performance of the act sought to be compelled and the respondent
has an imperative duty to perform the same. (SPECIAL PEOPLE, INC.
FOUNDATION v. NESTOR M. CANDA et al. , G.R. No. 160932, January
14, 2013)
318. A statute having a single general subject, indicated in the title, may
contain any number of provisions, no matter how diverse they may be, so
long as they are not inconsistent with or foreign to the general subject, and
may be considered in furtherance of such subject by providing for the
method and means of carrying out the general subject. (HENRY R. GIRON
v. COMELEC, G.R. No. 188179, January 22, 2013)
319. Picture images of the ballots, as scanned and recorded by the PCOS,
are likewise official ballots that faithfully captures in electronic form the
votes cast by the voter, as defined by Section 2 (3) of R.A. No. 9369. As
such, the printouts thereof are the functional equivalent of the paper ballots
filled out by the voters and, thus, may be used for purposes of revision of
votes in an electoral protest. (LIWAYWAY VINZONS-CHATO v. HOUSE
OF REPRESENTATIVE ELECTORAL TRIBUNAL, G.R. No. 199149,
January 22, 2013)
320. When there has been no valid substitution, the candidate with the
highest number of votes should be proclaimed as the duly elected mayor.
(RENATO M. FEDERICO v. COMELEC, G.R. No. 199612, January 22,
2013)
321. The government has a right to ensure that only qualified persons, in
possession of sufficient academic knowledge and teaching skills, are allowed
to teach in such institutions, thus, the requirement of a masteral degree for
tertiary education teachers is not unreasonable. (UNIVERSITY OF THE
EAST v. ANALIZA F. PEPANIO AND MARITI D. BUENO , G.R. No.
193897, January 23, 2013)
322. Gross inexcusable negligence, on one hand, and evident bad faith or
manifest partiality, on the other hand, are not two highly opposite concepts
that can result in a fatally defective information should the terms be
conjoined in the information. The fact that the prosecution can properly
allege these different modes alternatively in the information only means that
the conviction may lie based simply on the evidence that is supportive of a
particular mode. (EDNA J. JACA v. PEOPLE, G.R. No. 166967, January
28, 2013)
325. Persons may lose the protection of the search and seizure clause by
exposure of their persons or property to the public in a manner reflecting a
lack of subjective expectation of privacy, which expectation society is
prepared to recognize as reasonable. (DON DJOWEL SALES v. PEOPLE
OF THE PHILIPPINES, G.R. No. 191023, February 6, 2013)
326. The state may not be sued without its consent. Likewise, public
officials may not be sued for acts done in the perfomance of their official
functions or within the scope of their authority. (DEPARTMENT OF
HEALTH, et al. v. PHIL PHARMAWEALTH, INC. , G.R. No.
182358, February 20, 2013)
327. The fact that the Palawan Council for Sustainable Development
(PCSD) conducts public consultations or hearings does not mean that it is
performing quasi-judicial functions. (SALVACION VILLANUEVA, et al. v.
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT, et al., G.R.
No. 178347, February 25, 2013)
330. Due process is satisfied when the parties are afforded fair and
reasonable opportunity to explain their side of the controversy or an
opportunity to move for a reconsideration of the action or ruling complained
of. (PACIFICO C. VELASCO v. THE HON. SANDIGANBAYAN AND THE
PEOPLE OF THE PHILIPPINES, G.R. No. 169253, February 20, 2013)
336. The rules that the Civil Service Commission (CSC) formulates should
implement and be in harmony with the law it seeks to enforce, thus the CSC
should also consider Trade and Investment Development Corporationss
(TIDCORP) charter in addition to other civil service laws. Section 7 of RA
8494 itself would confirm, that TIDCORP is exempt from existing laws on
compensation, position classification and qualification standards, including
compliance with Section 1(c), Rule III of CSC Memorandum Circular No. 40,
s. 1998. (TRADE AND INVESTMENT DEVELOPMENT CORPORATION
OF THE PHILIPPINES v. CIVIL SERVICE COMMISSION, G.R. No.
182249, March 5, 2013)
337. The ballot images in the compact flash (CF) cards, as well as the
printouts of such images, are the functional equivalent of the official
physical ballots filled up by the voters, and may be used in an election
protest. Both are original documents and carry the same evidentiary weight
as official physical ballot. (MAYOR EMMANUEL L. MALIKSI v.
COMMISSION ON ELECTIONS and HOMER T. SAQUILAYAN , G.R. No.
203302, March 12, 2013)