Professional Documents
Culture Documents
..
x----------------------x
NACHURA, J.:
Tapes ostensibly containing a wiretapped conversation
purportedly between the President of the Philippines and
a high-ranking official of the Commission on Elections
(COMELEC) surfaced. The tapes, notoriously referred to
as the "Hello Garci" tapes, allegedly contained the
Presidents instructions to COMELEC Commissioner
Virgilio Garcillano to manipulate in her favor results of
the 2004 presidential elections. These recordings were
to become the subject of heated legislative hearings
conducted separately by committees of both Houses of
Congress.
Intervenor Sagge alleges violation of his right to due
process considering that he is summoned to attend the
Senate hearings without being apprised not only of his
rights therein through the publication of the Senate
Rules of Procedure Governing Inquiries in Aid of
Legislation, but also of the intended legislation which
underpins the investigation. He further intervenes as a
taxpayer bewailing the useless and wasteful expenditure
of public funds involved in the conduct of the questioned
hearings.
The respondents in G.R. No. 179275 admit in their
pleadings and even on oral argument that the Senate
Rules of Procedure Governing Inquiries in Aid of
Legislation had been published in newspapers of general
circulation only in 1995 and in 2006. With respect to the
present Senate of the 14 th Congress, however, of which
the term of half of its members commenced on June 30,
2007, no effort was undertaken for the publication of
these rules when they first opened their session.
Respondents justify their non-observance of the
constitutionally mandated publication by arguing that
the rules have never been amended since 1995 and,
despite that, they are published in booklet form available
to anyone for free, and accessible to the public at the
Senates internet web page.
ISSUE:
Whether or not publication of the Rules of Procedures
Governing Inquiries in Aid of Legislation through the
EN BANC
G.R. No. 159747
FIRST DIVISION
G.R. No. 125932
SECOND DIVISION
G.R. No. 165842 November 29, 2005
SECOND DIVISION
G.R. No. 112024 January 28, 1999
PHILIPPINE BANK OF COMMUNICATIONS, petitioner,
vs.
COMMISSIONER OF INTERNAL REVENUE, COURT OF
TAX APPEALS and COURT OF APPEALS, respondent.
QUISUMBING, J.:
Petitioner reported a net loss in 1986 and thus declared
no tax payable. On 1987, petitioner requested the
respondent, among others, for a tax credit representing
the overpayment of taxes in the first and second
quarters of 1985.
Thereafter, petitioner filed a claim for refund of
creditable taxes withheld by their lessees from property
rentals in 1985 and in 1986. Pending investigation,
petitioner instituted a Petition for Review before the
Court of Tax Appeals (CTA).
THIRD DIVISION
G.R. No. 136921
circumstances
(cited
in
Fr.
Artemio
Balumad's 'Void and Voidable Marriages in
the Family Code and their Parallels in Canon
Law,' quoting form the Diagnostic Statistical
Manuel of Mental Disorder by the American
Psychiatric Association; Edward Hudson's
'Handbook II for Marriage Nullity Cases').
Article 36 of the Family. Code cannot be
taken and construed independently of, but
must stand in conjunction with, existing
precepts in our law on marriage. Thus
correlated, 'psychological incapacity' should
refer to no less than a mental (not physical)
incapacity that causes a party to be truly
incognitive of the basic marital covenants
that concomitantly must be assumed and
discharged by the parties to the marriage
which, as so expressed by Article 68 of the
Family Code, include their mutual obligations
to live together, observe love, respect and
fidelity and render help and support. There is
hardly any doubt that the intendment of the
law has been to confine the meaning of
'psychological incapacity' to the most serious
cases of personality disorders clearly
demonstrative of an utter insensitivity or
inability to give meaning and significance to
the marriage. This psychologic condition
must exist at the time the marriage is
celebrated."
The- "doctrine of stare decisis," ordained in Article
8 of the Civil Code, expresses that judicial
decisions applying or interpreting the law shall
form part of the legal system of the Philippines.
The rule follows the settled legal maxim - "legis
interpretado legis vim obtinet" - that the interpretation
placed upon the written law by a competent court has
the force of law. The interpretation or construction
placed by the courts establishes the contemporaneous
legislative intent of the law. The latter as so interpreted
and construed would thus constitute a part of that law as
of the date the statute is enacted. It is only when a prior
ruling of this Court finds itself later overruled, and a
different view is adopted, that the new doctrine may
have to be applied prospectively in favor of parties who
have relied on the old doctrine and have acted in good
faith in accordance therewith under the familiar rule of
"lex prospicit, non respicit."
The phrase "psychological incapacity ," borrowed from
Canon law, is an entirely novel provision in our statute
books, and, until the relatively recent enactment of the
Family Code, the concept has escaped jurisprudential
attention. It is in Santos when, for the first time, the
Court has given life to the term. Molina, that followed,
has additionally provided procedural guidelines to assist
the courts and the parties in trying cases for annulment
of marriages grounded on psychological incapacity.
Molina has strengthened, not overturned, Santos.
At all events, petitioner has utterly failed, both in her
allegations in the complaint and in her evidence, to
make out a case of psychological incapacity on the part
of respondent, let alone at the time of solemnization of
the contract, so as to warrant a declaration of nullity of
the marriage. Emotional immaturity and irresponsibility,
invoked by her, cannot be equated with psychological
incapacity.
SECOND DIVISION
G.R. No. 165300
ISSUE:
Is a waiver of hereditary rights in favor of another
executed by a future heir while the parents are still living
valid?
RULING:
Pursuant to the second paragraph of Article 1347 of the
Civil Code, no contract may be entered into upon a
future inheritance except in cases expressly authorized
by law. For the inheritance to be considered "future", the
succession must not have been opened at the time of
the contract. A contract may be classified as a contract
upon future inheritance, prohibited under the second
paragraph of Article 1347, where the following requisites
concur:
(1) That the succession has not yet
been opened.
(2) That the object of the contract forms
part of the inheritance; and,
(3) That the promissor has, with respect
to the object, an expectancy of a right
which is purely hereditary in nature.
In this case, there is no question that at the time of
execution of Comandantes Waiver of Hereditary Rights
and Interest Over a Real Property (Still Undivided),
succession to either of her parents properties has not
yet been opened since both of them are still living. With
respect to the other two requisites, both are likewise
present considering that the property subject matter of
THIRD DIVISION
G.R. No. 192383
December 4, 2013
10
THIRD DIVISION
G.R. No. 138463
11
SECOND DIVISION
G.R. No. 174727
12
13
14