Professional Documents
Culture Documents
Issue:
Whether the respondent Judge erred in holding the deposited decision in Criminal
Case No. H-223?
Whether or not the heirs of the deceased have a right of selection between availing
themselves of the workers right under the Workmens Compensation Act and suing in
the regular courts under the Civil Code for higher damages (actual, moral and
exemplary) from the employers by virtue of that negligence or fault of the employers
or whether they may avail themselves cumulatively of both actions.
Held:
Under the circumstances of the case, respondent judges erroneous exercise of his
judicial prerogative was neither tainted with malice nor bad faith. The phraseology of
Sec. 2, Rule 116 is not crafted with such precision as to entirely eliminate possible
misinterpretation. This observation is bolstered by the fact that the same provision
prompted the Department of Justice, on July 31, 1990, or three months after
respondent judge took cognizance of the case on April 17, 1990, to issue Circular No.
35, later amended by Circular No. 55 dated December 11, 1990, clarifying and setting
limitations on the application of Sec. 2, Rule 116. The fact also that respondent
reached compulsory retirement age on April 5, 1995 after a long period of service in
the judiciary entitles him to a certain measure of leniency. Nonetheless, the case at
bench stands unique because of the potently absurd result of respondents application
of the law.
RULING:
The court held that although the other petitioners had received the benefits under the
Workmens Compensation Act, such may not preclude them from bringing an action
before the regular court because they became cognizant of the fact that Philex has
been remiss in its contractual obligations with the deceased miners only after
receiving compensation under the Act. Had petitioners been aware of said violation of
government rules and regulations by Philex, and of its negligence, they would not
have sought redress under the Workmens Compensation Commission which awarded
a lesser amount for compensation. The choice of the first remedy was based on
ignorance or a mistake of fact, which nullifies the choice as it was not an intelligent
choice. The case should therefore be remanded to the lower court for further
proceedings. However, should the petitioners be successful in their bid before the
lower court, the payments made under the Workmens Compensation Act should be
deducted from the damages that may be decreed in their favor.
Facts: In April 1976, Ayala Corp. entered into a transaction with Manuel Sy and Sy Ka
Kieng where former sold a lot in Salcedo Village in Makati. The deed of sale had some
encumbrances contained in the Special Conditions of Sale (SCS) and Deed of
Restrictions (DR), which should be followed by the vendees. The stipulations in the
SCS are:
1) a building proposal must be submitted to Ayala which must be in accordance with
the DR,
Ruling: Yes. The Supreme Court ruled that Rosa Diana committed a breach of
contract by submitting a building plan to Ayala complying with the DR and
submitting a different building plan to the building administrator of Makati, which
did not comply with the stipulations in the DR.
Contractual Obligations between parties have the force of law between them and
absent any allegation that the same are contrary to law, morals, good customs, public
order or public policy, they must complied with in good faith.
Thus, the assailed decision of the Court of Appeals is reversed and set aside
March 1, 1993
The DR specified the limits in height and floor area of the building to be constructed.
However, Sy and Kieng, failed to build a building but nonetheless with the permission
of Ayala, the vendees sold the said lot to the respondent, Rosa Diana Realty.
Respondent Company agreed to abode by the SCS and the DR stipulations. Prior to
the construction, Rosa Diana submitted a building plan to Ayala complying with the
DR but it also passed a different building plan to the building administrator of
Makati, which did not comply with the stipulations in the DR. While the building,
The Peak, was being constructed, Ayala filed a case praying that: 1) Rosa Diana, be
compelled to comply with the DR and build the building in accordance with the
building plan submitted to Ayala; or 2) on the alternative, the rescission of the deed of
sale.
The trial court ruled in favor of the respondent and thus, Rosa Diana was able to
complete the construction of The Peak. Undeterred, Ayala filed before the Register
of Deeds (RD) of Makati a cause of annotation lis pendens. RD refused to grant Ayala
such registration for in the lower court; the case is of personal action for a specific
performance and/or rescission. However, the Land Registration Authority (LRA)
reversed RDs ruling. The appellate court upheld the RDs ruling stating that the case
before the trial court is a personal action for the cause of action arises from the alleged
violation of the DR. The trial court sustained the respondents point saying that Ayala
was guilty of abandonment and/or estoppels due to its failure to enforce the terms of
the DR and SCS against Sy and Kieng. Ayala discriminately chose which obligor would
be made to follow certain conditions, which is not fair and legal. On appeal, the CA
affirmed the lower courts ruling. Hence, this petition.
FACTS:
1. In G.R. No. 95770 "Roel Ebralinag, et al. vs. Division Superintendent of Schools of
Cebu and Manuel F. Biongcog, Cebu District Supervisor," the petitioners are 43 high
school and elementary school students in several towns of in Cebu province. All
minors, they are assisted by their parents who belong to the religious group known as
Jehovah's Witness. This is a consolidated petition.
2. All the petitioners in these two cases were expelled from their classes by the public
school authorities in Cebu for refusing to salute the flag, sing the national anthem and
recite the patriotic pledge as required by RA 1265 of July 11, 1955, and by DO No. 8 of
the DECS making the flag ceremony compulsory in all educational institutions
3. In G.R. No. 95887, "May Amolo, et al. vs. Division Superintendent of Schools of
Cebu and Antonio A. Sangutan," the petitioners are 25 high school and grade school
students enrolled in public schools in Asturias, Cebu, whose parents are Jehovah's
Witnesses. Both petitions were prepared by the same counsel, Attorney Felino M.
Ganal.
5. In 1989, the DECS Regional Office in Cebu received complaints about teachers and
pupils belonging to the Jehovah's Witnesses, and enrolled in various public and
private schools, who refused to sing the Philippine national anthem, salute the
Philippine flag and recite the patriotic pledge.
6.
The students and their parents filed these special civil actions for
Mandamus,Certiorari and Prohibition alleging that the public respondents acted
without or in excess of their jurisdiction and with grave abuse of discretion (1) in
ordering their expulsion without prior notice and hearing, hence, in violation of their
right to due process, their right to free public education, and their right to freedom of
speech, religion and worship
7. The Court issued a TRO and a writ of preliminary mandatory injunction and
ordered to immediately re-admit the petitioners to their respective classes until
further orders.
FACTS:
Honorato Catindig filed a petition to adopt his minor illegitimate child Stephanie
Nathy Astorga Garcia. He prayed that the child's middle name Astorga be changed to
Garcia, her mother's surname, and that her surname Garcia be changed to Catindig,
his surname.
Trial court granted the petition and declared Stephanie as his legitimate child and
heir, and pursuant to Art. 189 of the Family Code, she is now known as Stephanie
Nathy Catindig.
Honorato filed a motion for clarification and/or reconsideration that Stephanie
should be allowed to use the surname Garcia as her middle name.
The Republic, through the OSG, agreed with Honorato for her relationship with her
natural mother should be maintained and preserved, to prevent any confusion and
hardship in the future, and under Article 189 she remains to be an intestate heir of her
mother.
ISSUE:
Whether or not an illegitimate child, upon adoption by her natural father, use the
surname of her natural mother as her middle name.
RULING:
NO. The court upheld the petitioners' right under the Constitution to refuse to salute
the Philippine flag on account of their religious beliefs. Religious freedom as a
fundamental right deserving the "highest priority and amplest protection among
human rights. It reversed the expulsion orders made by the public respondents
therein as violative of both the free exercise of religion clause and the right of citizens
to education under the 1987 Constitution.
Yes. there is no law prohibiting an illegitimate child adopted by her natural father, like
Stephanie, to use, as middle name her mothers surname, we find no reason why she
should not be allowed to do so.
Article 176 of the Family Code, as amended by Republic Act No. 9255, (An Act
Allowing Illegitimate Children To Use The Surname Of Their Father) is silent as to
what middle name a child may use. Article 365 of the CC merely provides that an
adopted child shall bear the surname of the adopter. Article 189 of the Family Code,
enumerating the legal effects of adoption, is likewise silent on the matter.
Republic Act No. 8552, (Domestic Adoption Act of 1998) an legitimate child by virtue
of her adoption, Stephanie is entitled to all the rights provided by law to a legitimate