Philippine Christian University

Taft Ave., Manila, Philippines

College of Law

LEGAL TECHNIQUE AND LOGIC

Submitted by:

ALVAREZ, MIGUEL LORENZO O.

Submitted to:

Dean Manuel Bustamante

Page | 1
 MAY 4, 2017

List of Cases

Case G.R. No. and Title

A. G.R. NO. 197293, ALFREDO MENDOZA V. PEOPLE OF THE PHILIPPINES AND JUNO CARS, INC., APRIL 21, 2014

B. G.R. NO. 187769, ALVIN PATRIMONIO V. NAPOLEON GUTIERREZ AND OCTAVIO MARASIGAN, III, JUNE 4, 2014

C. G.R. NO. 192912, PEOPLE OF THE PHILIPPINES V. DEMOCRITO PARAS, JUNE 4, 2014

D. G.R. NO. 192912, PEOPLE OF THE PHILIPPINES V. DEMOCRITO PARAS, OCTOBER 22, 2014

E. G.R. NO. 206832, PEOPLE OF THE PHILIPPINES V. ALFREDO MORALES, JANUARY 21, 2015

F. G.R. NO. 205867, MARIFLOR HORTIZUELA V. GREGORIO TAGUFA, ET AL., FEBRUARY 23, 2015

G. G.R. NO. 206004, JOSEPH TIMBOL V. COMELEC, FEBRUARY 24, 2015

H. G.R. NO. 205136, OLIVIA DA SILVA CERAFICA V. COMELEC, DECEMBER 2, 2014

I. G.R. NO. 193707, NORMA DEL SOCORRO V. ERNST JOHAN BRINKMAN VAN WILSEM, DECEMBER 10, 2014

J. G.R. NO. 166680, ALOYSIUS DAIT LUMAUIG V. PEOPLE OF THE PHILIPPINES, JULY 7, 2014

K. G.R. NO. 179080, EDIGARDO GEROCHE, ET AL. V. PEOPLE OF THE PHILIPPINES, NOVEMBER 26, 2014

L. G.R. NO. 207950, PEOPLE OF THE PHILIPPINES V. MARK JASON CHAVEZ, SEPTEMBER 22, 2014

M. G.R. NO. 206379, CECILIA PAGADUAN V. CSC AND REMA MARTIN SALVADOR, NOVEMEBER 19, 2014

N. G.R. NO. 202692, EDMUND SYDECO V. PEOPLE OF THE PHILIPPINES, NOVEMBER 12, 2014

O. G.R. NO. 200334, PEOPLE OF THE PHILIPPINES V. VICTOR COGAED, JULY 30, 2014

Page | 2
 A. G.R. NO. 197293, ALFREDO MENDOZA V. PEOPLE OF THE PHILIPPINES
AND JUNO CARS, INC., APRIL 21, 2014

FACTS:

In this case Juno Cars, Inc. hired Alfredo Mendoza as a trade-in/ used car
supervisor. Upon a partial audit conducted by its dealer/ operator, it was discovered
that 5 cars had been sold and released by Mendoza without the dealers or the
finance managers approval. The said audit also showed that the buyers of the
subject cars made payments but Mendoza failed to remit such payments.
Consequently, Juno Cars filed a complaint against Mendoza alleging that the latter
pilfered an amount to its prejudice and damage. Mendoza raised Juno Cars
supposed failure to prove ownership over the 5 cars or its right to possess the
purported unremitted payments. Hence, it could not have suffered damage.

Prosec. Rey Delgado issued a resolution finding probable cause and

recommending the finding of information against Mendoza for qualified theft and
estafa. The RTC then issued an order dismissing the complaint stating that the
evidence adduced does not support a finding of probable cause for the offenses
charged. Consequently, Juno Cars filed a petition for Certiorari with the Court of
Appeals, arguing that the determination of probable cause and the decision whether
or not to file a criminal case in court rightfully belongs to the public prosecutor. The
CA then reversed the decision of the RTC and reinstated the case, ruling that the
trial court acted without or in excess of its jurisdiction in supplementing the findings
of the public prosecutor of probable cause with its own findings of insufficiency of
evidence and lack of probable cause. Hence, this present case.

ISSUE:

Whether or not the trial court may dismiss an information filed by the public
prosecutor on the basis of its own findings of lack of probable cause.

RULING:

The High Tribunal ruled in the affirmative. While the information filed by the
public prosecutor was valid, the trial court still had the discretion to make its own
findings of whether probable cause existed to order the arrest of Mendoza and
proceed with the trial. The executive determination of probable cause concerns
itself with whether there is lack of evidence to support an information being filed.
The judicial determination of probable cause, on the other hand, determines
whether a warrant of arrest should be issued. The Constitution prohibits the
issuance of search warrants or warrants of arrest where the judge has not
personally determined the existence of probable cause. The phrase upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses, he may produce allows a
determination of probable cause by the judge ex parte. For this reason, Sec. 6, Par.

Page | 3
(a) of Rule 112 of the Revised Rules on Criminal Procedure mandates the judge to
immediately dismiss the case if the evidence on record fails to establish probable
cause. Accordingly, with the present laws and jurisprudence on the matter, Judge
Capco-Umali correctly dismissed the case against Mendoza.

B. G.R. NO. 187769, ALVIN PATRIMONIO V. NAPOLEON GUTIERREZ AND

OCTAVIO MARASIGAN, III, JUNE 4, 2014

FACTS:

In this case, petitioner Patrimonio and respondent Guttierez entered into a

business venture under the name Slam Dunk Corporation. Petitioner pre-signed
several check for the expenses of the business. The checks were signed, however,
the payees name, date or amount were not indicated in the said checks. The blank
checks were entrusted to Guttierez with the instruction that he cannot fill them out
without petitioners approval.

Sometime in 1993, without petitioners knowledge and consent, Guttierez

borrowed money from co-respondent Marasigan in the amount of P 200,000. The
latter acceded to Guttierezs request and gave him the amount. Simultaneously,
Guttierez delivered to Marasigan one of the blank checks pre-signed by petitioner.
However, it was dishonored by the bank on the reason of closed account.

Marasigan sought recovery from Guttierez, but to no avail. Hence, he sent

several demand letters to petitioner, but to no avail as well. Thus, he filed a criminal
case under B.P. 22 against petitioner. On the other hand, Petitioner filed with the
Regional Trial Court (RTC) a Complaint for Declaration of Nullity of Loan and
Recovery of Damages against Respondents, invoking that he never authorized the
loan.

The trial court ruled in favor of Marasigan and found petitioner, in issuing the
pre-signed blank checks, had the intention of issuing the check even without his
approval. On appeal to the Court of Appeals, the appellate court affirmed the
decision of the RTC. Hence, this petition.

ISSUE:

Whether or not petitioner is liable to the loan contracted by Guttierez to

Marasigan?

RULING:

The Supreme Court ruled in the negative. Under Art. 1878, Par. 7 of the Civil
Code, a written authority is required when the loan is contracted through an agent.

In the case at bench, the petitioner is not bound by the contract of loan since
the records reveal that Guttierez did not have any authority to borrow money in

Page | 4
behalf of petitioner. Records do not show that the petitioner executed any special
power of attorney in favor of Guttierez to borrow in his behalf, hence, the act of
Guttierez is in violation of the said provision, and thus, he should be the only one
liable for the loan he was not able to settle.

Furthermore, that the petitioner entrusted the blank pre-signed checks to

Gutierrez is not legally sufficient because the authority to enter into a loan can
never be presumed. The contract of agency and the special fiduciary relationship
inherent in this contract must exist as a matter of fact. The person alleging it has
the burden of proof to show, not only the fact of agency, but also its nature and
extent.

C. G.R. NO. 192912, PEOPLE OF THE PHILIPPINES V. DEMOCRITO

PARAS, JUNE 4, 2014

FACTS:

In this case, charged the accused-appellant of committing rape against AAA,

a 17-year old girl and a house-helper of spouses Sergio and Heny Agua
Subsequently, [AAA] got pregnant due to the incident. She gave birth to a child who
was more than a year old when [AAA] testified on January 11, 2000. For his defense,
He vehemently denied having raped AAA. He said that on March 19, 1996, the time
of the commission of the crime, he was at the Lusaran market to buy dried fish and
other household items.

The RTC convicted the accused-appellant of the crime charged. On appeal,

the Court of Appeals upheld the judgment of the RTC. Hence, this petition.

ISSUE:

Whether or not the accused-appellant is guilty for the crime of rape

RULING:

The Supreme Court ruled in the affirmative.

As the accused-appellant was charged to have committed the rape "in March
1996 or for sometime subsequent thereto," the applicable provision of the law in
this case is Article 33516 of the Revised Penal Code. The relevant portions of said
statutory provision read:

Art. 335. When and how rape is committed. - Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

Page | 5
 2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age or is demented.

Whenever the crime of rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be reclusion perpetua to death.

In this case, both the RTC and the Court of Appeals adjudged the accused-
appellant guilty of rape by having carnal knowledge of AAA without her consent
using force or intimidation. The courts a quo relied on the testimony of AAA and her
positive identification of the accused-appellant as the perpetrator of the sexual
abuse. After thoroughly reviewing the records of this case, the Court finds that AAA
was indeed categorical and consistent in her testimony that the accused-appellant
was the one who pointed a gun to her mouth and forcibly had sexual intercourse
with her. The Court, thus, sees no reason to disturb the lower courts appreciation of
the credibility of AAAs testimony

The Court likewise upholds the ruling of the Court of Appeals that the
inconsistencies pointed out by the accused-appellant in the testimony of AAA,
namely, her inability to remember the birth date of her child and the name of her
neighbor, did not destroy her credibility as a witness. These details had nothing to
do with the essential elements of rape, that is, carnal knowledge of a person
through force or intimidation.

D. G.R. NO. 192912, PEOPLE OF THE PHILIPPINES V. DEMOCRITO

PARAS, OCTOBER 22, 2014

FACTS:

In this case, Democrito Paras was charged with one count of rape. The
Regional Trial Court found Paras guilty as charged which was affirmed by the Court
of Appeals . Paras appealed the decision of CA before the Supreme Court. The Court
affirmed the judgment of conviction against Paras. However, Police Superintendent
Roberto R. Rabo, Officer-in-Charge of the New Bilibid Prison, informed the Court that
Paras had died at the New Bilibid Prison Hospital.

ISSUE:

Whether or not the civil liability of Paras is extinguished together with his
criminal liability in case of death pending appeal?

RULING:

The Supreme Court ruled in the affirmative. Under Art. 89, Par. 1 of the
Revised Penal Code, as amended, the death of an accused pending his appeal
extinguishes both his criminal and civil liability ex delicto. The Court, in People v.

Page | 6
Bayotas, enunciated the following guidelines construing the above provision in case
the accused dies before final judgment:

1. Death of the accused pending appeal of his conviction extinguishes his

criminal liability as well as the civil liability based solely thereon. As opined by
Justice Regalado, in this regard, "the death of the accused prior to final judgment
terminates his criminal liability and only the civil liability directly arising from and
based solely on the offense committed, i.e., civil liability ex delicto in
sensostrictiore."

2. Corollarily, the claim for civil liability survives notwithstanding the death of
accused, if the same may also be predicated on a source of obligation other than
delict. Article 1157 of the Civil Code enumerates these other sources of obligation
from which the civil liability may arise as a result of the same act or omission: a)
Law; b) Contracts; c) Quasi-contracts; d) xxx; e) Quasi-delicts.

3. Where the civil liability survives, as explained in Number 2 above, an

action for recovery therefore may be pursued but only by way of filing a separate
civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal
Procedure as amended. This separate civil action may be enforced either against
the executor/administrator or the estate of the accused, depending on the source of
obligation upon which the same is based as explained above.

Moreover, upon the death of the accused pending appeal of his conviction,
the criminal action is extinguished inasmuch as there is no longer a defendant to
stand as the accused; the civil action instituted therein for the recovery of civil
liability ex delicto is ipso facto extinguished, grounded as it is on the criminal action.

In this case, when Paras died on January 24, 2013, his appeal to the Court
was still pending. The death of Paras, thus, extinguished his criminal liability, as well
as his civil liability directly arising from and based solely on the crime committed.

Page | 7
E. G.R. NO. 206832, PEOPLE OF THE PHILIPPINES V. ALFREDO MORALES,
JANUARY 21, 2015

FACTS:

In this case, Alfredo Morales was convicted of illegal sale and possession of
dangerous drugs by the RTC and was affirmed by the CA.

While this case is pending appeal, the Inmate Documents and Processing
Division Officer-in-Charge Emerenciana M. Divina informed the Court that accused-
appellant Morales died while committed at the Bureau of Corrections on November
2, 2013 as evidenced by a copy of Death Report signed by New Bilibid Prison
Hospital's Medical Officer Ursicio D. Cenas.

ISSUE:

Whether or not the civil and criminal liability of the accused are extinguished

RULING:

The High Tribunal ruled in the affirmative. Under Art. 89 Par. 1 of the Revised
Penal Code, criminal liability is totally extinguished: By the death of the convict, as
to the personal penalties, and as to pecuniary penalties liability therefore is
extinguished only when the death of the offender occurs before final judgment.

Page | 8
 Ordinarily, both the civil and criminal liabilities are extinguished upon the
death of the accused pending appeal of his conviction by the lower courts.

However, a violation of R.A. 9165 does not entail any civil liability. No civil
liability needs extinguishment.

F. G.R. NO. 205867, MARIFLOR HORTIZUELA V. GREGORIO TAGUFA, ET AL.,

FEBRUARY 23, 2015

FACTS:

In this case, Mariflor Hortizuela, represented by Jovier Tagufa, filed an action

for Reconveyance and Recovery of Possession with damages against Gregoria and
others (respondents). According to her, prior to the issuance of the title to the lot,
her parents Epifanio and Godofreda originally owned the lot. They then mortgaged
the property to the Development Bank of the Philippines, which foreclosed it upon
failure of the spouses to redeem the property. DBP then sold it to Atty. Romulo
Marquez, who then sold it back to Runsted, Gregorias husband using funds sent by
Mariflor who was then working at the United States, with the agreement that
Runsted will reconvey the lot to his sister (Mariflor) when demanded. Mariflor soon
discovered that the same lot was titled in the name of Gregoria Tagufa under OCT
No. P-84609 by virtue of a free patent application before the DENR and execution of
a Deed of Extra-judicial Settlement of Estate of the spouses Leando and Remedios
Tagufa, thus she sought to recover possession of the property.

The MCTC dismissed the complaint, ruling that Mariflor resorted to a wrong
remedy in filing the case. The RTC however reversed the MCTC. It ordered Gregoria
to reconvey the property to Mariflor. On petition for review to the CA, the latter
reversed the RTC. Although an action for reconveyance, the same is clearly an

Page | 9
attack on the validity of OCT No. P-84609, which is not allowed by Sec. 48 of PD
1529, which proscribes collateral attacks on Torrens titles. The issue of whether or
not a title was fraudulently issued should be treshed out in a direct proceeding.
Consequently, Mariflor appealed to the SC. She maintains that her action was not
an action to nullify the title, but merely to reconvey the property covered by that
title, as Gregoria was clearly aware of the sale by Atty. Marquez to her husband,
Runsted. On the other hand, the respondents argue otherwise. The fact that
Mariflor filed the action for reconveyance was because she failed to file within one
year the action for reversion as a remedy provided under Act 496. Further, Mariflor
being an American citizen, is not allowed to own land in the Philippines.

ISSUE:

Whether or not an action for reconveyance is an indirect or collateral attack

on a title which is prohibited by law.

RULING:

The Supreme Court ruled in the negative.

The Court is not unmindful of the principle of indefeasibility of a Torrens title

and Section 48 of P.D. No. 1528 where it is provided that a certificate of title shall
not be subject to collateral attack. A Torrens title cannot be altered, modified or
cancelled except in a direct proceeding in accordance with law. When the Court says
direct attack, it means that the object of an action is to annul or set aside such
judgment, or enjoin its enforcement. On the other hand, the attack is indirect or
collateral when, in an action to obtain a different relief, an attack on the judgment
or proceeding is nevertheless made as an incident thereof.

The complaint of Hortizuela was not a collateral attack on the title warranting
dismissal. As a matter of fact, an action for reconveyance is a recognized remedy,
an action in personam, available to a person whose property has been wrongfully
registered under the Torrens system in anothers name. In an action for
reconveyance, the decree is not sought to be set aside. It does not seek to set aside
the decree but, respecting it as incontrovertible and no longer open to review, seeks
to transfer or reconvey the land from the registered owner to the rightful owner.
Reconveyance is always available as long as the property has not passed to an
innocent third person for value. It is also noteworthy to point that Gregoria Tagufa
never acquired any valid right or legal title over the property.

Page | 10
G. G.R. NO. 206004, JOSEPH TIMBOL V. COMELEC, FEBRUARY 24, 2015

FACTS:

In this case, Joseph Timbol filed his Certificate of Candidacy for Councilor of
the Sangguniang Panglunsod on October 5, 2012. On January 17, 2013, he received
a notice from the election officer for him to appear before her office for a
clarificatory hearing on his certificate of candidacy. During the hearing, Timbol,
assisted by counsel, argued that he was not a nuisance candidate, alleging that in
the 2010 elections, he ranked 8th among all the candidates for the Sangguniang
Panglunsod, and he had sufficient resources to sustain his campaign. While his
name already appeared in the list of nuisance candidates in the COMELEC website,
the panel assured him that his certificate of candidacy would be given due course
and his name deleted in the list of nuisance candidates. Indeed, the election officer
thru a Memorandum dated January 17, 2013 recommended that Timbols COC be
given due course. Despite the recommendation, his name was not deleted from the
list, and since the printing of ballots for the automated election will be held on

Page | 11
February 4, 2013, he filed before the COMELEC on February 2, 2013 a petition
praying that his name be included in the certified list of candidtates.

By a Minute Resolution issued on February 5, 2013, , the COMELEC denied

his petition, averring that it became moot and academic with the beginning of the
printing of ballots. Aggrieved, Timbol filed a petition for certiorari before the
Supreme Court, arguing that the COMELEC committed grave abuse of discretion
when it declared him a nuisance candidate, even before the hearing officer
conducted the clarificatory hearing on his certificate of candidacy. In its comment,
the COMELEC argued that the petition had become moot and academic with the
conduct of the 2013 elections. Even assuming it is not yet moot and academic, the
COMELEC did not deprive him of due process as he was given the opportunity to be
heard during the clarificatory hearing. The Supreme Court ordered Timbol to file his
Reply, and subsequently his counsel but both failed, hence the court submitted the
case for decision even without the Reply.

ISSUES:

Whether or not the case is moot and academic.

Whether or not the COMELEC gravely abused its discretion in denying due
course to the certificate of candidacy of Joseph.

RULING:

As to the first issue the Supreme Court ruled in the affirmative

I.

This case is moot and academic.

A case is moot and academic if it ceases to present a justiciable controversy

because of supervening events so that a declaration thereon would be of no
practical use or value. When a case is moot and academic, this court generally
declines jurisdiction over it.

There are recognized exceptions to this rule. The court has taken cognizance
of moot and academic cases when:

(1) there was a grave violation of the Constitution; (2) the case involved a
situation of exceptional character and was of paramount public interest; (3) the

Page | 12
issues raised required the formulation of controlling principles to guide the Bench,
the Bar and the public; and (4) the case was capable of repetition yet evading
review.

The court may no longer act on petitioners prayer that his name be included
in the certified list of candidates and be printed on the ballots as a candidate for
Member of the Sangguniang Panlungsod. Petitioner filed with the court his Petition
for Certiorari on March 15, 2013, 39 days after respondent began printing the
ballots on February 4, 2013. Also, the May 13, 2013 elections had been concluded,
with the winners already proclaimed.

II

Respondents power to motu proprio deny due course to a certificate of

candidacy is subject to the candidates opportunity to be heard.

Under Article II, Section 26 of the Constitution, the State shall guarantee
equal access to opportunities for public service. This, however, does not guarantee
a constitutional right to run for or hold public office. To run for public office is a
mere privilege subject to limitations imposed by law. Among these limitations is
the prohibition on nuisance candidates.

Nuisance candidates are persons who file their certificates of candidacy to

put the election process in mockery or disrepute or to cause confusion among the
voters by the similarity of the names of the registered candidates or by other
circumstances or acts which clearly demonstrate that the candidate has no bona
fide intention to run for the office for which the certificate of candidacy has been
filed and thus prevent a faithful determination of the true will of the electorate

Respondent commits grave abuse of discretion if it denies due course to or

cancels a certificate of candidacy without affording the candidate an opportunity to
be heard.

Respondent declared petitioner a nuisance candidate without giving him a

chance to explain his bona fide intention to run for office. Respondent had already
issued Resolution No. 9610 on January 11, 2013 when petitioner appeared before
Election Officer Valencia in a clarificatory hearing on January 17, 2013. This was an
ineffective opportunity to be heard.

Page | 13
 That petitioner was able to file a Petition for inclusion in the certified list of
candidates did not cure the defect in the issuance of Resolution No. 9610. First, he
would not have to file the Petition had been given an opportunity to be heard in the
first place. Second, in the Minute Resolution dated February 5, 2013, respondent
denied petitioners Petition on the sole ground that the printing of ballots had
already begun on February 4, 2013.

H. G.R. NO. 205136, OLIVIA DA SILVA CERAFICA V. COMELEC, DECEMBER 2,

2014

FACTS:

On October 2012, Kimberly filed her certificate of candidacy (COC) for

Councilor, City of Taguig for the 2013 Elections. Her COC stated that she was born

Page | 14
on 29 October 1992, or that she will be twenty (20) years of age on the day of the
elections, in contravention of the requirement that one must be at least twenty-
three (23) years of age on the day of the elections. As such, Kimberly was
summoned to a clarificatory hearing due to the age qualification. Instead of
attending the hearing, Kimberly opted to file a sworn Statement of Withdrawal of
COC. Simultaneously, Olivia filed her own COC as a substitute of Kimberly. The
COMELEC rendered a decision ordering the cancellation of Kimberlys COC, and the
denial of the substitution of Kimberly by Olivia.

COMELEC argued that Olivia cannot substitute Kimberly as the latter was
never an official candidate because she was not eligible for the post by reason of
her age, and that; moreover, the COC that Kimberly filed was invalid because it
contained a material misrepresentation relating to her eligibility for the office she
seeks to be elected to. Olivia countered that although Kimberly may not be qualified
to run for election because of her age, it cannot be denied that she still filed a valid
COC and was, thus, an official candidate who may be substituted. Olivia also
claimed that there was no ground to cancel or deny Kimberlys COC on the ground
of lack of qualification and material misrepresentation because she did not
misrepresent her birth date to qualify for the position of councilor, and as there was
no deliberate attempt to mislead the electorate, which is precisely why she
withdrew her COC upon learning that she was not qualified.

ISSUE:

Whether or not there is a valid substitution

RULING:

The High Tribunal ruled in the affirmative. COMELEC gravely abused its
discretion in declaring that Kimberly, being under age, could not be considered to
have filed a valid COC and, thus, could not be validly substituted by Olivia. Firstly,
subject to its authority over nuisance candidates and its power to deny due course
to or cancel COCs under Sec. 78, Batas Pambansa Blg. 881, the COMELEC has the
ministerial duty to receive and acknowledge receipt of COCs. The question of
eligibility or ineligibility of a candidate is thus beyond the usual and proper
cognizance of the COMELEC.

The next question then is whether Olivia complied with all of the
requirements for a valid substitution; The High Tribunal also answered in the
affirmative. First, there was a valid withdrawal of Kimberlys COC after the last day
for the filing of COCs; second, Olivia belongs to and is certified to by the same
political party to which Kimberly belongs; and third, Olivia filed her COC not later
than mid-day of election day.

Page | 15
 I. G.R. NO. 193707, NORMA DEL SOCORRO V. ERNST JOHAN
BRINKMAN VAN WILSEM, DECEMBER 10, 2014

FACTS:

In this case, Norma A. Del Socorro and Ernst Van Wilsem were married in
Holland. They were blessed with a son named Roderigo Norjo Van Wilsem.
Unfortunately, their marital bond ended by virtue of a Divorce Decree issued by the
appropriate Court of Holland. Thereafter, Socorro and her son came home to the
Philippines. According to Norma, Van Wilsem made a promise to provide monthly
support to their son. However, since the arrival of petitioner and her son in the
Philippines, Van Wilsem never gave support to their common son. Socorro filed a
complaint against Van Wilsem for violation of R.A. No. 9262 for the latters unjust
refusal to support his minor child with petitioner. The trial court dismissed the
complaint since the facts charged in the information do not constitute an offense
with respect to the accused, he being an alien.

ISSUE:

Whether or not a foreign national have an obligation to support his minor child
under Philippine law

RULING:

The Supreme Court ruled in the affirmative. Since Van Wilsem is a citizen of
Holland or the Netherlands, the agree with the RTC that he is subject to the laws of
his country, not to Philippine law, as to whether he is obliged to give support to his
child, as well as the consequences of his failure to do so. This does not, however,
mean that Van Wilsem is not obliged to support Socorros son altogether. In
international law, the party who wants to have a foreign law applied to a dispute or
case has the burden of proving the foreign law. In the present case, Van Wilsem
hastily concludes that being a national of the Netherlands, he is governed by such
laws on the matter of provision of and capacity to support. While Van Wilsem
pleaded the laws of the Netherlands in advancing his position that he is not obliged
to support his son, he never proved the same. It is incumbent upon Van Wilsem to
plead and prove that the national law of the Netherlands does not impose upon the
parents the obligation to support their child. Foreign laws do not prove themselves
in our jurisdiction and our courts are not authorized to take judicial notice of them.
Like any other fact, they must be alleged and proved.

Moreover, foreign law should not be applied when its application would work
undeniable injustice to the citizens or residents of the forum. To give justice is the
most important function of law; hence, a law, or judgment or contract that is
obviously unjust negates the fundamental principles of Conflict of Laws. In the light
of the foregoing, even if the laws of the Netherlands neither enforce a parents
obligation to support his child nor penalize the non-compliance therewith, such

Page | 16
obligation is still duly enforceable in the Philippines because it would be of great
injustice to the child to be denied of financial support when the latter is entitled
thereto.

J. G.R. NO. 166680, ALOYSIUS DAIT LUMAUIG V. PEOPLE OF THE

PHILIPPINES, JULY 7, 2014

K. G.R. NO. 179080, EDIGARDO GEROCHE, ET AL. V. PEOPLE OF THE

PHILIPPINES, NOVEMBER 26, 2014

FACTS:

On the evening of May 14, 1989, Baleriano Limbag awoke when Edigardo
Geroche, Roberto Garde, and Generoso Marfil suddenly entered into his house and,
without a search warrant, began scouring the place for firearms, but instead food
and took away his airgun. Limbag also sustained injuries as a result of the raid.

Edigardo Geroche, Roberto Garde, and Generoso Marfil were all charged with
the crime of Violation of Domicile, under Article 128 of the Revised Penal Code, and
Less Serious Physical Injuries under Article 265 of the Revised Penal Code.

The Regional Trial Court (RTC) found the above-mentioned accused guilty
beyond reasonable doubt of Less Serious Physical Injuries, but acquitted them of the
crime of Violation of Domicile because, according to the trial court, the prosecution
failed to prove that the petitioners were public officers, which is an essential
element of the crime.

The petitioners then appealed their case to the Court of Appeals (CA), praying
that the decision of the lower court be reversed. The CA, however, ruled that the
petitioners should not be convicted of the crime of Less Serious Physical Injuries
but, rather, Violation of Domicile, considering their judicial admissions that they
were the barangay captain and part of the Citizen Armed Forces Geographical Unit
(CAFGU).

ISSUE:

(1) Whether or not the CAs conviction amounts to double jeopardy.

(2) Whether or not the petitioners are guilty of Violation of Domicile.

RULING:

(1) NO, it does not amount to double jeopardy.

Page | 17
 The Court explained that an appeal in a criminal case opens the entire case
for review to the appellate court. As such, the accused waives the constitutional
safeguard against double jeopardy, and gives jurisdiction to the courts to examine
the records of the case, and impose the proper penalty, even if this means
increasing the penalty previously imposed. It is the duty of the appellate courts to
correct the errors that they may find in the assailed judgment.

That being the case, the petitioners could not have been placed in double
jeopardy when the CA set aside the original ruling of the trial court, and instead
found them guilty of Violation of Domicile

(2) YES, the petitioners are guilty of Violation of Domicile.

One of the essential elements of the crime of Violation of Domicile is that the
accused be a public officer or employee.

In the present case, the Court adopted the findings of fact and conclusions of
law of the CA. In their testimonies and pleadings, Geroche did not deny that he was
the barangay captain. Likewise, Garde and Marfil did not refute the fact that they
were CAFGU members. By virtue of their positions, they are considered to be public
officers or employees. Hence, they can be found guilty of Violation of Domicile, as
all the elements for the crime are met.

(The Court modified the penalty imposed by the CA in their decision. Applying
the Indeterminate Sentence Law, the Court sentenced the petitioners to suffer the
indeterminate penalty from two years and four months of prision correccional, as
minimum, to four years, nine months, and ten days of prision correccional, as
maximum.)

Page | 18
 L. G.R. NO. 207950, PEOPLE OF THE PHILIPPINES V. MARK JASON
CHAVEZ, SEPTEMBER 22, 2014

FACTS:

In this case, Mark Jason Chavez was charged with the crime of robbery with
homicide. On or about October 28, 2006, in the City of Manila, the said accused, did
then and there wilfully, unlawfully and feloniously, with intent of gain and means of
force, violence and intimidation upon the person of Elmer Duque a.k.a Barbie by
then and there, with intent to kill, stabbing the latter repeatedly with a kitchen
knife, thereby inflicting upon him mortal stab wounds which were the direct and
immediate cause of his death thereafter, and on the said occasion or by reason
thereof, accused took, robbed and carried away the following: 1 Unit of Nokia
Cellphone, 1 of Unit Motorola Cellphone, 6 pcs. Ladies Ring, 2 pcs. of necklace, 1 pc.
of bracelet. The trial court acquitted Chavez. On appeal, CA affirmed the RTC.

ISSUE:

Whether or not Chavez is entitled to the right to be heard and to counsel

even if he voluntarily surrenders

RULING:

The Supreme Court ruled in the affirmative. Even those who voluntarily surrendered
before a police officer must be apprised of their Miranda rights. For one, the same
pressures of a custodial setting exist in this scenario. Chavez is also being
questioned by an investigating officer in a police station. As an additional pressure,
he may have been compelled to surrender by his mother who accompanied him to
the police station. The Supreme Court finds that the circumstantial evidence
sufficiently proves beyond reasonable doubt that Chavez is guilty of the crime of
homicide, and not the special complex crime of robbery with homicide.

Page | 19
M. G.R. NO. 206379, CECILIA PAGADUAN V. CSC AND REMA MARTIN
SALVADOR, NOVEMEBER 19, 2014

FACTS:

Cecilia Pagadua filed a complaint against Rema Salvador, the Municipal

Budget Officer of Tuguegarao City, charging the latter for falsification and
misrepresentation when she stated in her Personal Data Sheet (PDS) that she
possesses the necessary budgeting qualification and indicated therein that she
performed bookkeeping and accounting functions for Veterans Woodworks from
1990 to 1992 when she was never employed by the company. In her defense, Rema
averred that that she was employed by Alfonso Tuzon, who was granted full
management, direct supervision and control of Veterans Woodworks logging
operations; her name does not appear on the VVI payroll because Tuzons office was
independent of the original staff. Cecilia also filed a case for falsification of public
documents before the MTCC of Tuguegarao City. On the administrative case, Rema
was found liable for Simple Misconduct only and the CSC approved her qualification
as it was a related field. Cecilia did not appeal this ruling. The MTCC
subsequently convicted Rema for falsification of public documents; she did not
appeal this ruling, instead she applied for probation which was granted by the
MTCC.

Consequently, Cecilia filed a second administrative complaint against Rema,

this time for conviction of a crime involving moral turpitude. In her defense, she
alleged res judicata, forum shopping and double jeopardy, but the case proceeded,
and she adopted her defenses in the criminal case. After hearing, the CSC Regional
Office found Rema liable for conviction of a crime involving moral turpitude, and
imposed on her the penalty of dismissal from the service. On appeal to the Civil
Service Commission, the latter reversed and set aside the CSC RO ruling. Thus
Cecilia elevated the case to the Court of Appeals, which initially sided with her, and
stated that following precedents, a conviction for falsification of public documents
constitute the offence of conviction of a crime involving moral turpitude. Rema
moved to reconsider. This time around, the CA reversed itself, ruled in favor of
Rema and agreed with the findings of the CSC that the act of falsification committed
by Salvador did not involve moral turpitude as it was a mere error of judgment on
her part. Hence, this petition

Page | 20
ISSUES:

Whether or not Rema was convicted of a crime involving moral turpitude

Whether or not her conviction and eventual discharge from probation prevent
another administrative case to be filed against her.

RULING:

As to the first issue the Supreme Court ruled in the affirmative. Not every
criminal act, however, involves moral turpitude. The crime of falsification of public
document is contrary to justice, honesty and good morals and therefore, involves
moral turpitude.

The court found that she made untruthful statements in a narration of facts
and perverted the truth with a wrongful intent.

Considering that the principal act punished in the crime of falsification of

public document is the violation of the public faith and the destruction of truth as
therein solemnly proclaimed, the elements of the administrative offense of
conviction of a crime involving moral turpitude clearly exist in this case.

As to the second issue the Supreme Court ruled in the negative. Probation
does not erase the effects and fact of conviction, but merely suspends the penalty
imposed.

The purpose of the Probation Law is to save valuable human material, unlike
pardon, probation does not obliterate the crime for which the person under
probation has been convicted.

The reform and rehabilitation of the probation cannot justify her in the
government service. Moreover, probation only affects the criminal liability of the
accused and not her administrative liabilities, if any.

N. G.R. NO. 202692, EDMUND SYDECO V. PEOPLE OF THE PHILIPPINES,

NOVEMBER 12, 2014

Page | 21
FACTS:

Sometime in 2006, separate informations, one for Violation of Section 56 (f)

of Republic Act No. 4136 and another, for Violation of Article 151 of the Revised
Penal Code were filed against petitioner Edmund Sydeco. According to the
prosecution, on the night of the incident, police officers were manning a checkpoint
when they spotted a swerving red Ford Ranger pick-up driven by Sydeco. The team
members flagged the vehicle down and asked Sydeco to alight from the vehicle so
he could take a rest at the police station situated nearby, before he resumes
driving. Sydeco, who the policemen claimed was smelling of liquor, denied being
drunk and insisted he could manage to drive. Thereafter, Sydeco was arrested and
brought to the Ospital ng Maynila where he was examined and found to be positive
of alcoholic breath per the Medical Certificate issued by that hospital. Sydeco, on
the other hand, averred that he, the cook and waitress in his restaurant were on the
way home when they were signaled to stop by police officers who asked him to
open the vehicles door and alight for a body and vehicle search. When Sydeco
instead opened the vehicle window and insisted on a plain view search, one of the
policemen told him he was drunk, pointing to three empty beer bottles in the trunk
of the vehicle. The officers then pulled Sydeco out of the vehicle and brought him to
the Ospital ng Maynila where they succeeded in securing a medical certificate under
the signature of one Dr. Harvey Balucating depicting Sydeco as positive of alcoholic
breath, although no alcohol breath examination was conducted. Sydeco was
detained and released only in the afternoon of the following day when he was
allowed to undergo actual medical examination where the resulting medical
certificate indicated that he has sustained physical injuries but negative for alcohol
breath.

ISSUE:

Whether or not the CA erred in upholding the presumption of regularity in the

performance of duties by the police officers.

RULING:

The High Tribunal ruled in the affirmative. Going over the records, it is fairly
clear that what triggered the confrontational stand-off between the police team, on
one hand, and Sydeco on the other, was the latters refusal to get off of the vehicle
for a body and vehicle search juxtaposed by his insistence on a plain view search
only. Sydecos twin gestures cannot plausibly be considered as resisting a lawful
order. He may have sounded boorish or spoken crudely at that time, but none of this
would make him a criminal. It remains to stress that Sydeco has not, when flagged
down, committed a crime or performed an overt act warranting a reasonable
inference of criminal activity. He did not try to avoid the road block established. He
came to a full stop when so required to stop. The two key elements of resistance
and serious disobedience punished under Art. 151 of the RPC are: (1) That a person

Page | 22
in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender; and (2) That the offender resists or seriously disobeys
such person or his agent.

Swerving is not necessarily indicative of imprudent behavior let alone

constitutive of reckless driving. To constitute the offense of reckless driving, the act
must be something more than a mere negligence in the operation of a motor
vehicle, and a willful and wanton disregard of the consequences is required. Nothing
in the records indicated that the area was a no swerving or overtaking zone.

In sum, the MeTC, as echoed by RTC and CA later, did not rely on the medical
certificate Dr. Balucating issued on June 12, 2006 as to Sydecos intoxicated state,
as the former was not able to testify as to its contents, but on the testimony of
SPO4 Bodino, on the assumption that he and his fellow police officers were acting in
the regular performance of their duties. It cannot be emphasized enough that
smelling of liquor/alcohol and be under the influence of liquor are differing concepts.
Corollarily, it is difficult to determine with legally acceptable certainty whether a
person is drunk in contemplation of Sec. 56. par. f of R.A. 4136 penalizing the act of
driving under the influence of alcohol. The legal situation has of course changed
with the approval of the Anti-Drunk and Drugged Driving Act of 2013 (RA 10586)
which also penalizes driving under the influence of alcohol (DUIA), a term defined
under its Sec. 3, par. e as the act of operating a motor vehicle while the drivers
blood alcohol concentration level has, after being subjected to a breath analyzer
test reached the level of intoxication as established jointly by the DOH, the
NAPOLCOM and the DOTC. Under Sec. 3, par. g of the IRR of R.A. 10586, a driver of
a private motor vehicle with gross vehicle weight not exceeding 4,500 kilograms
who has blood alcohol concentration (BAC) of 0.05% or higher shall be conclusive
proof that said driver is driving under the influence of alcohol. Viewed from the
prism of R.A. 10586, petitioner cannot plausibly be convicted of driving under the
influence of alcohol for this obvious reason: he had not been tested beyond
reasonable doubt, let alone conclusively, for reaching during the period material the
threshold level of intoxication set under the law for DUIA, i.e., a BAC of 0.05% or
over. Under Art. 22 of the RPC, penal laws shall be given retroactive insofar as they
are favorable to the accused. Sect. 19 of R.A. 10586 expressly modified Sec. 56, par.
f of R.A. 4136. Verily, even by force of Art. 22 of the RPC in relation to Sec. 3, par. e
of R.A. 10586 alone, Sydeco could very well be acquitted for the charge of driving
under the influence of alcohol, even if the supposed inculpatory act occurred in
2006.

O. G.R. NO. 200334, PEOPLE OF THE PHILIPPINES V. VICTOR COGAED, JULY

30, 2014

FACTS:

Page | 23
 In this case, Senior Inspector Bayan received a text message from an
informant that one Marvin will be transporting marijuana from Brgy. San Lun-oy, San
Gabriel to Poblacion, San Gabriel. Hence, he established several checkpoints to
apprehend the suspect. SPOI Jaime was ordered to establish a checkpoint at the
waiting area of passengers from San Gabriel bound to San Fernando. One passenger
jeepney arrived at the checkpoint manned by Jaime, and the jeepney driver pointed
to two male passengers allegedly carrying marijuana. When asked by Jaime the
contents of their bags, the two answered they did not know since they were only
requested by Marvin to carry the bags. One of the men, Victor, opened the bags,
revealing marijuana bricks. He and his companion were then arrested by Jaime and
brought to the police station. In his defense, Victor said he only helped his
companion, a minor to carry his things. Upon arrival at Poblacion, San Gabriel, they
were approached by Jaime, who conversed with the minor. Jaime then brought them
to the police station, where he hit Victor on the head. He only came to know that
the bags they were carrying contained majiruana when he was charged with
possession of dangerous drugs before the RTC. His companion was not charged
because he was only 14 years old at the time of his arrest.

After trial, the RTC convicted Victor for violation of Sec. 11 of R.A. 9165, and
sentenced him to life imprisonment. This ruling was affirmed by the CA, hence he
elevated his case to the Supreme Court.

ISSUE:

Whether or not there is a valid warrantless arrest

RULING:

The High Tribunal ruled in the negative. The search involved in this case was
initially a stop and frisk search, but it did not comply with all the requirements of
reasonability required by the Constitution.

Stop and frisk searches are necessary for law enforcement. That is, law
enforcers should be given the legal arsenal to prevent the commission of offenses.
However, this should be balanced with the need to protect the privacy of citizens in
accordance with Article III, Section 2 of the Constitution.

The balance lies in the concept of suspiciousness present in the situation

where the police officer finds himself or herself in. This may be undoubtedly based
on the experience of the police officer. Experienced police officers have personal
experience dealing with criminals and criminal behavior. Hence, they should have
the ability to discern based on facts that they themselves observe whether an
individual is acting in a suspicious manner. Clearly, a basic criterion would be that

Page | 24
the police officer, with his or her personal knowledge, must observe the facts
leading to the suspicion of an illicit act.

The case of Cogaed was different. He was simply a passenger carrying a bag
and traveling aboard a jeepney. There was nothing suspicious, moreover, criminal,
about riding a jeepney or carrying a bag. The assessment of suspicion was not
made by the police officer but by the jeepney driver. It was the driver who signaled
to the police that Cogaed was suspicious.

Considering that the prosecution and conviction of Cogaed were founded on

the search of his bags, a pronouncement of the illegality of that search means that
there is no evidence left to convict Cogaed.

Page | 25