Professional Documents
Culture Documents
Page 1 of 35
Digested
by:
John
FACTS: Petitioners Avelina B. Conte and Leticia Boiser-Palma were former employees of the
Social Security System (SSS) who retired from government service on May 9, 1990 and
September 13, 1992, respectively. They availed of compulsory retirement benefits under
Republic Act No. 660.
In addition to retirement benefits provided under R.A. 660, petitioners also claimed SSS
financial assistance benefits granted under SSS Resolution No. 56, series of 1971. Res. 56
provides financial incentive and inducement to SSS employees qualified to retire to avail of
retirement benefits under RA 660 as amended, rather than the retirement benefits under RA
1616 as amended, by giving them financial assistance equivalent in amount to the
difference between what a retiree would have received under RA 1616, less what he was
entitled to under RA 660
Respondent Commission on Audit (COA) issued a ruling, disallowing in audit all such claims
for financial assistance under SSS Resolution No. 56, for the reason that results in the
increase of benefits beyond what is allowed under existing retirement laws
Accordingly, all such claims for financial assistance under SSS Resolution No. 56
dated January 21, 1971 should be disallowed in audit.
RA 4968 (The Teves Retirement Law) Sec. 28 (b) of the act read as follows:
(b) Hereafter, no insurance or retirement plan for officers or employees shall be created by
employer. All supplementary retirement or pension plans heretofore in force in any
government office, agency or instrumentality or corporation owned or controlled by the
government, are hereby declared inoperative or abolished; Provided, That the rights of those
who are already eligible to retire thereunder shall not be affected. (underscoring supplied)
ISSUE: 1) WON Res. 56 constitutes a supplementary retirement plan.
2) WON SSS Res. No. 56 has conflict with the statute proscribed by Sec. 28 (b) of CA 186 as
amended by RA 4968.
HELD: 1) Yes. SSS Res. 56 are not supported by law and it constitutes a supplementary
retirement plan. The Court Held that Res. 56 constitutes a supplementary retirement plan.
Resolution No. 56 came about upon observation that qualified SSS employees have
invariably opted to retire under RA 1616 instead of RA 660 because the total benefit under
Page 2 of 35
Page 3 of 35
WON, the language of E.O. 797 has the intention to give it retroactive effect.
Held:
1
No, the rule is that jurisdiction over subject matter is determined by the law in force
at the time of the commencement of the actions. E.O. 707, the creation of the POEA
(Philippines Overseas Employment Agency), did not divest the authority to hear and
decide the case at bar prior to its effectivity. Law should only be applied prospectively
unless the legislative intent to give them retroactive effect is expressly declared or is
necessarily implied from the language used (Article 4 of the New Civil Code, Gallardo
v. Borromeo, 161 SCRA 500, 1988). E.O. 707 is not a curative statute, thus it was
Page 4 of 35
Page 5 of 35
Page 6 of 35
Page 7 of 35
ISSUE: Whether or not Judge Vicente Aujerio is liable of gross ignorance of the law.
HELD: YES. Judge Vicente Aujero is liable of gross ignorance of the law. In the case at
bench, the fact of the victim's death, a clear negation of frustrated or attempted homicide,
ought to have alerted the judge not only to a possibly inconsistent result but to an injustice.
The failure to recognize such principles so cardinal to our body of laws amounts to ignorance
of the law and reflects respondent judge's lack of prudence, if not competence, in the
performance of his duties. The death of an identified individual cannot and should not be
ignored in favor of a more expedient plea of either attempted or frustrated homicide. Finally,
every judge must be the embodiment of competence, integrity and independence.
ACCORDINGLY, we are constrained to find the respondent judge GUILTY of gross ignorance
of the law for which he is hereby REPRIMANDED FINED ONE THOUSAND (P1,000.00) PESOS.
Let this decision appear in respondent's record of service.
10. Delmoro, Mel Loise M.
Bautista v SB 332 SCRA 126
Facts: An anonymous letter-complaint was filed with the Office of the Ombudsman of
Mindanao charging petitioner Franklin P. Bautista, Mayor of Malita, Davao del Sur, for
violation of RA 3019 or the Anti-Graft and Corrupt Practices Act. The complaint alleged that
Page 8 of 35
Page 9 of 35
Page 10 of 35
Petitioner contends, however, that the date set by the COMELEC for the recall election is
within the second period of prohibition in paragraph (b). He argues that the phrase "regular
local elections" in paragraph (b) does not only mean "the day of the regular local election"
which, for the year 2001 is May 14, but the election period as well, which is normally at least
forty five (45) days immediately before the day of the election. Hence, he contends that
beginning March 30, 2000, no recall election may be held
Issue: 1.) WON the petition filed for election recall were null and void?
2.) WON COMELEC set the recall election notwithstanding the second period of
prohibition in LGC 74 paragraph (b).
Held: 1.) No, the process of recall starts with the filing of the petition for recall and not
from the time of initiation of recall (May 19 & 29,1999) and ends with the conduct of the
recall election, and that, since the petition for recall in this case was filed on July 2, 1999,
exactly one year and a day after petitioner's assumption of office(July 1, 1998), the
recall was validly initiated outside the one-year prohibited period.
2.) No, the law is unambiguous in providing that "no recall shall take place within . . .
one (1) year immediately preceding a regular local election." The COMELEC set the recall
election on April 15, 2000 outside one year second of the second period of prohibition in
LGC 74 paragraph (b) in prior to the next regular local election which is on May 14, 2001.
13. Felipe, Patricia Anne Q.
Carceller v. CA and State Investment Houses, Inc., 302 SCRA 718 (1999)
Facts: State Investment Houses, Inc. (SIHI) is the registered owner of two (2) parcels of land
located at Bulacao, Cebu City. Carceller and SIHI entered into a lease contract with option to
purchase over said two parcels of land, for a period of eighteen (18) months, beginning on
August 1, 1984 until January 30, 1986.
The lease contract provided that to exercise the option, petitioner had to send a
letter to SIHI, manifesting his intent to exercise said option within the lease period. However,
what petitioner did was to request on January 15, 1986, for a six-month extension of the
Page 11 of 35
Page 12 of 35
Page 13 of 35
Page 14 of 35
Page 15 of 35
Page 16 of 35
Facts:
On the first case of Kilosbayan v. Guingona, the contract of lease between the Philippine
Charity Sweepstake Office (PSCO) and Phil. Gaming Managment Corp. (PGMC) was null and
void due to the violation of the PCSO Charter.
Thereafter, PCSO and PGMC entered into another agreement, Equipment Lease
Agreement (ELA). The petitioners prayed that ELA is also invalid for the reason that it is the
same with the old lease contract under Kilosbayan vs. Guingona, for it is violative of the law
of public bidding, and not advantageous for the government.
In addition, petitioners claimed that the two new appointeed justices, regardless of the
merit of the decision in the first Kilosbayan case against the online lotto (Kilosbayan v.
Guingona) must of necessity align themselves with all the Ramos appointees who were
dissenters in the first case and constitute the new majority in the second lotto case." And
petitioners ask, "why should it be so?
PCSO and PGMC manifested that they are no longer filing a motion for reconsideration
and both are presently negotiating a new lease agreement consistent (which is the ELA) with
the authority of PCSO under its charter. Even if the parties made a "formal commitment," the
Page 17 of 35
Issue:
Whether or not the decision of the first case has already settled the second case
Held:
No, the decision of the first case has not yet settled the second case.
Stare Decisis. Since ELA is a different contract from the prior case, the previous decision
does not preclude determination of the petitioners standing. It must be noted that ELA was
amended consistent with the PCSO Charter.
Law in the case Doctrine. Petitioners insist on the ruling in the previous case that the
PCSO cannot hold and conduct charity sweepstakes, lotteries and other similar activities in
collaboration, association or joint venture with any other party. Petitioners contend that the
ruling of the first case is the law of this case because the parties are the same and the case
involves the same issue, i.e., the meaning of this statutory provision.The "law of the case"
doctrine is inapplicable, because this case is not a continuation of the first.
Conclusiveness of judgment. Petitioners also say that inquiry into the same question as
to the meaning of the statutory provision is barred by the doctrine of res judicata. The
general rule on the "conclusiveness of judgment," however, is subject to the exception that
a question may be reopened if it is a legal question and the two actions involve substantially
different claims. Indeed, the questions raised in this case are legal questions and the claims
involved are substantially different from those involved in the prior case between the
parties. As already stated, the ELA is substantially different from the Contract of Lease
declared void in the first case.
Therefore, the second case will prosper with regard to its merits.
Page 18 of 35
Facts: Towards environmental protection and ecology, navigational safety, and sustainable
development, Republic Act No. 4850 created the "Laguna Lake Development Authority."
Presidential Decree 813 of former President Marcos amended certain sections of R.A. 4850
because of the rapid deterioration of the Laguna Lake, thereby giving the LLDA special
powers on the pertinent issues such as: that the LLDA shall exercise exclusive jurisdiction
over the lake with regards to the issuance of permits, projects or activities that affects the
said lake, including its navigation. To more effectively perform the role of the Authority, the
late President issued Executive Order 927 to further define and enlarge the functions and
powers of the Authority and named and enumerated the towns, cities and provinces
encompassed by the term "Laguna de Bay Region". E.O. 927 gave the Authority exclusive
jurisdiction to issue permit for the use of all surface water for any projects or activities in or
affecting the said region including navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like.
When R.A. 7160 or the Local Government Code of 1991 was enacted, the municipalities in
the Laguna Lake Region interpreted the provisions of this law to mean that the newly passed
law gave municipal governments the exclusive jurisdiction to issue fishing privileges within
their municipal waters because R.A. 7160 provides: the municipality shall have exclusive
jurisdiction over the municipal waters and impose fees in accordance to the provision. The
Municipal then took over the authority to issue fishing privileges and fishpen permits.
Because of this, it worsened the environmental problems and ecological state of Laguna
Lake.
The Authority served notice to the general public that: all the fishpens, fishcages, and aquaculture structures not registered within LLDA are illegal, and will be subject to demolition;
that they will be criminally charged for their non-observance of the notice; and that they
only have one month on or before 27 October 1993 to show case/reason as to why their
fishpens, fishcages and the likes should not be demolished. One month thereafter, they
issued a notice that all the structures made in Laguna Lake will be demolished after 10 days.
The fishpen owners filed a case to the LLDA. The Authority moved for the Dismissal of the
case. On June 29, 1995, the Court of Appeals dismissed the Authoritys consolidated
petitions on the ground that the provisions of the LLDA charter insofar as fishing privileges in
Laguna de Bay are concerned had been repealed by the Local Government Code of 1991.
The Authority appealed stating that: THE HONORABLE COURT OF APPEALS COMMITTED
SERIOUS ERROR WHEN IT RULED THAT R.A. 4850 AS AMENDED BY P.D. 813 AND E.O. 927
SERIES OF 1983 HAS BEEN REPEALED BY REPUBLIC ACT 7160. THE SAID RULING IS
CONTRARY TO ESTABLISHED PRINCIPLES AND JURISPRUDENCE OF STATUTORY
CONSTRUCTION.
Issue: WON the Laguna Lake Authority has exclusive jurisdiction over the Laguna Lake.
Ruling: Yes. It has to be conceded that the charter of the Laguna Lake Development
Authority constitutes a special law. Republic Act No. 7160, the Local Government Code of
1991, is a general law. It is basic in statutory construction that the enactment of a later
legislation which is a general law cannot be construed to have repealed a special law. It is a
well-settled rule in this jurisdiction that "a special statute, provided for a particular case or
class of cases, is not repealed by a subsequent statute, general in its terms, provisions and
application, unless the intent to repeal or alter is manifest, although the terms of the general
law are broad enough to include the cases embraced in the special law."
Where there is a conflict between a general law and a special statute, the special statute
should prevail since it evinces the legislative intent more clearly that the general statute.
Page 19 of 35
Page 20 of 35
Page 21 of 35
Page 22 of 35
Page 23 of 35
Page 24 of 35
ISSUE: Whether or not the court erred in awarding an amount greater than the damages
done.
Page 25 of 35
Page 26 of 35
Page 27 of 35
Page 28 of 35
Therefore, In accordance with the procedural process and references amended Section 9
of B.P. No. 129 by virtue of RA 7902 supposed that appeals from the NLRC to the Supreme
Court are interpreted and hereby declared to mean and refer to petitions for certiorari under
Rule 65. Consequently, all such petitions should henceforth be initially filed in the Court of
Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate
forum for the relief desired.
30. Tana, Wesnny Charles G.
Tan vs. People
1998
FACTS:
On the evening of October 26,1989, trucks of A & E Construction owned by
the accused Alejandro Tan, while carrying narra, white lauan, and tanguile lumbers, were
apprehended by the forest guards. No
documents showing legal possession of the
lumber were, upon demand, presented to the forest guards.
Thereafter, Tan, together with his company drivers and caretaker, was charged with
violation of Section 68, P.D. No. 705, as amended by EO No. 277. The accused then files an
appeal assigning to the trial court errors.
Petitioner contended that possession of manufactured lumber is not punishable under
the Forestry Reform Code, as amended. Also, the accused contend that E.O. 277 was
retroactively applied to them.
Sec. 68. Cutting, Gathering and/or Collecting Timber, or other Forest Products
Without License. - Any person who shall cut, gather, collect, remove timber or other
forest products from any forest land, or timber from alienable or disposable public
land, or from private land without any authority, or possess timber or other forest
products without the legal documents as required under existing forest laws and
regulations, shall be punished with the penalties imposed under Articles 309 and 310
of the Revised Penal Code: Provided, That in the case of partnerships, associations or
corporations, the officers who ordered the cutting, gathering, collection or possession
shall be liable and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commission on Immigration
and Deportation.
ISSUE:
(1) Whether or not possession of lumber is punishable under the Forestry
Reform Code given that the provision pertains to timber.
(2) Whether or not E.O. 277 was retroactively applied.
HELD: (1) Yes, though the Revised Forestry Code contains no definition of either timber or
lumber, the former is
included in forest products as defined in paragraph (q) of
Page 29 of 35
Page 30 of 35
Page 31 of 35
No. The petitioner cannot assail the validity of the deed of donation for they were
not a party to the contract and a benefit was not expressly made in it that favors
them.
Page 32 of 35
In the case at the bar, the Supreme Court highlighted the settled rule in case of uncertainty
as to the meaning of a provision granting extension to a contract of lease, the tenant is
the one favored and not the landlord. As a general rule, in construing provisions
relating to renewals or extensions, where there is any uncertainty, the tenant is favored, and
not the landlord, because the latter, having the power of stipulating in his own favor, has
neglected to do so; and also upon the principle that every mans grant is to be taken most
strongly against himself (50 Am. Jur. 2d, Sec. 1162, p. 48; see also 51 C.J.S. 599).
The court REVERSED and SET ASIDE the decision of the Court of Appeals (CA). Considering
that ALLIED BANKING CORPORATION (petitioner) already vacated the leased premises last
February 20, 1993, the renewed lease contract is deemed terminated as of that date.
However, petitioner was required to pay rentals to respondent-lessors at the rate provided in
their existing contract, subject to computation in view of the consignment I court of
P68,400.00 by petitioner, and of such other amounts it may have deposited or advanced in
connection with the lease.
Page 33 of 35
Page 34 of 35
Page 35 of 35