FELECITAS D. NECOMEDES G.R. No. 191015 (August 6, 2014) Facts: October 14, 1998, the Monetary Board of the BangkoSentralngPilipinas (BSP) issued a Resolution ordering the closure of the Orient Commercial Banking Corporation (OCBC) and placing such bank under the receivership of the Philippine Deposit Insurance Corporation (PDIC). PDIC took all the assets and liabilities of OCBC. PDIC began collecting OCBCs due loans by sending demand letters from the borrowers. Among these borrowers are Timmys, Inc. and Asia Textile Mills, Inc. which appeared to have loan in the amount of 10 million each. Both Corporation denied the allegation. Because of this, the PDIC conducted an investigation and found out that the loans purportedly for Timmys, Inc. and Asia Textile Mills, Inc. were released in the form of managers check deposited in the account of the private respondents. PDIC filed two counts of Estafa thru falsification of Commercial Documents against the private respondents. Upon arraignment, accused pleaded not guilty. After the presentation of all of the prosecutions evidence, the private respondents filed a Motion for Leave to File Demurrer to Evidence and a Motion for Voluntary Inhibition. The presiding judge granted the private respondents Motion for Voluntary Inhibition and ordered the case to be re-raffled to another branch. Respondent Judge grant the Motion for Leave to File Demurrer of Evidence praying for the dismissal of the criminal cases instituted against them due to the failure of the prosecution to establish their guilt beyond reasonable doubt. The prosecution through the Office of the Solicitor General filed a certiorari before the Court of Appeals but was also denied. Issue: Whether or not the CA erred in affirming the decision of RTC Judge erred in granting the Motion for Leave to File Demurrer of Evidence. Facts: CA grossly erred in affirming the trial courts Order granting the respondents demurrer, which Order was patently null and void for having been issued with grave abuse of discretion and manifest irregularity, thus causing substantial injury to the banking industry and public interest. The Court finds that the prosecution has presented competent evidence to sustain the indictment for the crime of estafa through falsification of commercial documents, and that respondents appear to be the perpetrators thereof. What the trial and appellate courts disregarded, however, is that the OCBC funds ended up in the personal bank accountsof respondent Go, and were used to fund his personal checks, even as he was not entitled thereto. These, if not rebutted, are indicative of estafa. Hence, the Petition is GRANTED. Resolution of the Court of Appeals are REVERSED and SET ASIDE. The July 2, 2007 and October 19, 2007 Orders of the Regional Trial Court of Manila, Branch 49 in Criminal Case Nos. 00187318 and 00-187319 are declared null and void, and the said cases are ordered REINSTATED for the continuation of proceedings.
USC v CA GR L-79237 10/18/88 Facts Private respondent enrolled in the College of Architecture, University of San Carlos (USC), during the first semester of school year 1978-79. At the end of the second semester of that school year, she obtained a grade of "I.C." (Incomplete) in Architecture 121, and grades of "5's" (failures) in Architecture 122 and Architecture 123. The following school year, 1979-1980, she shifted to the College of Commerce of the USC. Some of the units she had completed when she was still an architecture student were then carried over and credited in her new course. As a commerce student, she obtained good grades. So, on December 10, 1981, she wrote 5 the Council of Deans of the USC, requesting that her grades of 5s in Architecture 121 and Architecture 122 be disregarded in the computation of her grade average. Issue WON the school be compelled by mandamus to allow the respondent to graduate with honors Held No. even if she succeeded in removing her failing grades