2015 Cases

UST
LAW
REVIEW
Case Doctrine
Compendium
2015 CASES
[A.Y.] 2017 - 2018
CASE DOCTRINE COMPENDIUM 2015 CASES
Table of Contents
POLITICAL AND PUBLIC INTERNATIONAL LAW [3]
LABOR AND SOCIAL LEGISLATION [9]
CIVIL LAW [17]
TAXATION LAW [27]
MERCANTILE LAW [31]
CRIMINAL LAW [34]
REMEDIAL LAW [42]
LEGAL ETHICS AND PRACTICAL EXERCISES [59]
Credits to UST Faculty of Civil Law's Dean Circle.
U S T F A C U L T Y O F C I V I L L A W
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POLITICAL AND PUBLIC

INTERNATIONAL LAW
U S T L A W R E V I E W
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CONSTITUTIONAL LAW 1
Preliminary Considerations
When the law is clear and unambiguous there shall be no room for construction or interpretation.
A state may not impair vested rights by legislative enactment, or by the subsequent repeal of a municipal
ordinance, or by a change in the constitution of the State, except in a legitimate exercise of the police power.
Presidency
The concurrence of all the elements of a valid appointment should always apply, regardless of when the
appointment is made, whether outside, just before, or during the appointment ban. These steps in the
appointment process should always concur and operate as a single process. There is no valid appointment if the
process lacks even one step.
The doctrine of qualified political agency declares that, save in matters on which the Constitution or the
circumstances require the President to act personally, executive and administrative functions are exercised
through executive departments headed by cabinet secretaries, whose acts are presumptively the acts of the
President unless disapproved by the latter.
Legislature
In computing the additional seats, the guaranteed seats shall no longer be included because they have already
been allocated, at one seat each, to every two-percenter. Thus, the remaining available seats for allocation as
"additional seats" are the maximum seats reserved under the Party List System less the guaranteed seats.
Fractional seats are disregarded in the absence of a provision in R.A. No. 7941 allowing for a rounding off of
fractional seats.
In computing the additional seats, the guaranteed seats shall no longer be included because they have already
been allocated, at one seat each, to every two-percenter. Thus, the remaining available seats for allocation as
"additional seats" are the maximum seats reserved under the Party List System less the guaranteed seats.
Fractional seats are disregarded in the absence of a provision in R.A. No. 7941 allowing for a rounding off of
fractional seats.
Judiciary
A moot and academic case is "one that ceases to present a justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of no practical use or value".
The discretion of the Office of the Ombudsman in the determination of probable cause to charge a respondent
public official or employee cannot be interfered with in the absence of a clear showing of grave abuse of
discretion amounting to lack or excess of jurisdiction.
A political question arises in constitutional issues relating to the powers or competence of different agencies
and departments of the executive or those of the legislature.
Well-entrenched is the rule in our jurisprudence that administrative decisions are entitled to great weight and
respect and will not be interfered with by the courts.
Constitutional Commissions
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Commission on Audit
The Constitution has made the COA "the guardian of public funds, vesting it with broad powers over all accounts
pertaining to government revenue and expenditures and the uses of public funds and property, including the
exclusive authority to define the scope of its audit and examination, establish the techniques and methods for
such review, and promulgate accounting and auditing rules and regulations."
Local Government
The constitutional command is that taxes levied by LGUs shall accrue exclusively to said LGU and is repugnant
to the power of LGUs to apportion their resources in line with their priorities.
An ordinance carries with it the presumption of validity. The question of reasonableness though is open to
judicial inquiry.
National Economy and Patrimony
If doubt exists as to the beneficial ownership and control, a resort to the Grandfather rule is necessary in
determining the nationality of a corporation, within the ambit of Sec. 2, Art. XII of the 1987 Constitution.
While a condominium corporation has limited powers under RA 4726, otherwise known as The Condominium
Act, it is empowered to pursue actions in behalf of its members.
Franchises or licenses issued by the government are issued subject to terms, conditions, and limitations under
existing laws and agreements.
Section 2 Article XII of the 1987 Constitution requires a service contract for oil exploration and extraction to be
signed by the president and reported to congress. Moreover, in order to explore for resources in a protected area,
the exploration must be performed in accordance with an environmental impact assessment.
Accountability of Public Officers
The failure of the Clerk of Court to remit the court funds constitutes gross neglect of duty, dishonesty, and grave
misconduct prejudicial to the best interest of the service.
CONSTITUTIONAL LAW 2
Equal Protection Clause
The equal protection clause does not preclude classification of individuals who may be accorded different
treatment under the law as long as the classification is reasonable and not arbitrary.
Due Process Clause
What the Rules of Procedure of the Office of the Ombudsman require is for the Ombudsman to furnish the
respondent with a copy of the complaint and the supporting affidavits and documents at the time the order to
submit the counter-affidavit is issued to the respondent.
Freedom of Expression, Right to Assembly and Academic Freedom
Regulation of speech, in the context of electoral campaigns made by persons who are not candidates or who do
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not speak as members of a political party which are, taken as a whole, principal advocacy of a social issue that
the public must consider during elections, is unconstitutional.
A content-neutral regulation is constitutionally permissible, even if it restricts the right to free speech,
provided that the requisites for its validity are complied with.
Tarpaulins and its messages are not religious speech. There are two aspects of this provision. The first is the
non-establishment clause. Second is the free exercise and enjoyment of religious profession and worship.
The assailed circular cannot be invalidated for its issuance is consistent with, and germane to, the purposes of
the law.
Eminent Domain
In eminent domain, the determination of just compensation is principally a judicial function of the Regional
Trial Court (RTC) acting as a Special Agrarian Court (SAC).
The factors enumerated under Section 17 of RA 6657, i.e., (a) the acquisition cost of the land, (b) the current
value of like properties, (c) the nature and actual use of the property and the income therefrom, (d) the owners
sworn valuation, (e) the tax declarations, (f) the assessment made by government assessors, (g) the social and
economic benefits contributed by the farmers and the farmworkers, and by the government to the property, and
(h) the nonpayment of taxes or loans secured from any government financing institution on the said land, if any,
must be equally considered.
The concept of just compensation does not imply fairness to the property owner alone. Compensation must also
be just to the public, which ultimately bears the cost of expropriation.
Contract Clause
As a valid exercise of Commission on Elections (COMELEC) regulatory powers, Resolution No. 9674 is correctly
deemed written into petitioners existing contracts.
Criminal Due Process
Jurisprudence is settled that any irregularity attending the arrest of an accused should be timely raised in a
motion to quash the Information at any time before arraignment, failing [in] which, he is deemed to have
waived his right to question the regularity of his arrest.
Jurisprudence is settled that any irregularity attending the arrest of an accused should be timely raised in a
motion to quash the Information at any time before arraignment, failing [in] which, he is deemed to have
waived his right to question the regularity of his arrest.
PUBLIC CORPORATION
Validity of Ordinances
An ordinance carries with it the presumption of validity. The question of reasonableness though is open to
judicial inquiry.
Katarungang Pambaranggay
Under the first mode of enforcement, the execution of an amicable settlement could be done on mere motion of
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the party entitled thereto before the Punong Barangay. The proceedings in this case are summary in nature.
ADMINISTRATIVE LAW, PUBLIC OFFICERS & ELECTION LAW
Administrative Law
When the adjudication of a controversy requires the resolution of issues within the expertise of an
administrative body, such issues must be investigated and resolved by the administrative body equipped with
the specialized knowledge and the technical expertise.
The doctrine of exhaustion of administrative remedies requires that "before a party is allowed to seek the
intervention of the court, he or she should have availed himself or herself of all the means of administrative
processes afforded him or her.
The three (3) indispensable conditions before a GOCC can hire a private lawyer are: (1) private counsel can only
be hired in exceptional cases; (2) the GOCC must first secure the written conformity and acquiescence of the
Solicitor General or the Government Corporate Counsel, as the case may be; and (3) the written concurrence of
the COA must also be secured.
To warrant dismissal from service, the misconduct must be grave, serious, important, weighty, momentous, and
not trifling.
The standard of substantial evidence is met when there is reasonable ground to believe that respondent is
responsible for the misconduct complained of, even if such evidence is not overwhelming or even preponderant,
and respondents participation therein renders him unworthy of the trust and confidence demanded by his
position.
Public Officers
The discretion of the Office of the Ombudsman in the determination of probable cause to charge a respondent
public official or employee cannot be interfered with in the absence of a clear showing of grave abuse of
discretion amounting to lack or excess of jurisdiction.
The sole act of receiving money from litigants, whatever the reason may be, is antithesis to being a court
employee.
RA 6770 mandated the Ombudsman and his deputies not only to act promptly on complaints but also to enforce
the administrative, civil and criminal liability of government officers and employees in every case.
A public employees failure to pay just debts is a ground for disciplinary action. "Just debts" are those: (a) claims
adjudicated by a court of law; or (b) claims the existence and justness of which are admitted by the debtor.
Those charged with the dispensation of justice from the presiding judge to the lowliest clerk are
circumscribed with a heavy burden of responsibility. Their conduct at all times must not only be characterized
by propriety and decorum but, above all else, must be beyond suspicion. Every employee should be an example
of integrity, uprightness and honesty.
Under the Local Government Code, the power of administrative supervision over civil registrars was devolved to
the municipal and city mayors of the respective local government units.
The two general requisites before a benefit may be granted to government officials or employees are: 1.) first is
that the allowances and benefits were authorized by law and 2.), that there was a direct and substantial
relationship between the performance of public functions and the grant of the disputed allowances.
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The court points out that to constitute an administrative offense, the misconduct should relate to or be
connected with the performance of the official functions and duties of a public officer.
Delay in the remittances of collections constitutes neglect of duty and deprives the court of the interest that
could have been earned if the collections were deposited on time.
The submission of the return and periodic reports by the sheriffs is not a duty that must be taken lightly. The
overall purpose of the requirement is to ensure speedy execution of decisions.
No other office in the government demands a higher standard for morality and decency than the judiciary. Thus,
a disgraceful and immoral conduct, which is a willful act that violates basic decency or morality of society, is
punishable by suspension under the RRACCS.
Misconduct shall be considered grave only in cases where the elements of corruption, willful intent to violate the
law or to disregard established rules are proven by substantial evidence.
In administrative proceedings, the essence of due process is the opportunity to explain ones side or seek
reconsideration of the action or ruling complained of, and to submit any evidence he may have in support of his
defense. The demands of due process are sufficiently met when the parties are given the opportunity to be heard
before judgment is rendered.
Simple neglect of duty is the failure of an employee to give proper attention to a required task or to discharge a
duty due to carelessness or indifference. On the other hand, gross neglect of duty is characterized by want of
even the slightest care, or by conscious indifference to the consequences, or by flagrant and palpable breach of
duty.
Election Law
The right to vote is not a natural right but is a right created by law. The Constitution prominently reflects the
franchised nature of the right of suffrage: The State may regulate said right by imposing statutory
disqualifications, with the restriction, however, that the same do not amount to, as per the second sentence of
the provision, a literacy, property or other substantive requirement.
The reglementary period for instituting an election period should be reckoned from the actual date of
proclamation, not from the date of notice.
PUBLIC INTERNATIONAL LAW

Forum Non Conveniens
Forum non conveniens gives courts the choice of not assuming jurisdiction when it appears that it is not the
most convenient forum and the parties may seek redress in another one.
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LABOR AND SOCIAL

LEGISLATION
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LABOR LAW
FUNDAMENTAL PRINCIPLES AND POLICIES
Constitutional Provisions
Article XIII
Occupancy and cultivation of an agricultural land, no matter how long, will not ipso facto make one a de jure tenant.
For an implied tenancy to arise, the essential requisites of tenancy must be present.
Article XIII, Section 4 seeks the just distribution of all agricultural lands to qualified farmers and farm workers to
free them from oppressive tenancy agreements.
The transfer of possessory rights over landholdings awarded under agrarian laws is void within 10 years from the
awarding unless done through hereditary succession or in favor of the government.
All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and
other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the
Secretary of the DAR and not with DARAB.
Labor Code
Article 172. [166] (Employees Compensation Program)
In case of conflict between the disability assessment of the company-designated physician and that of the seafarers
chosen physician, the procedure in the 2000 POEA-SEC must be strictly followed. Otherwise, if not availed of or
followed strictly by the seafarer, the assessment of the company-designated physician stands.
A seafarers non-compliance with the mandated procedure under the POEA-SEC and the CBA militates against his
claims.
In disability compensation, it is not the injury per se which is compensated but the incapacity to work.
For failure to observe the prescribed procedure of having the conflicting assessments on the disability referred to a
third doctor for a binding opinion, the certification issued by the company-designated physician that the respondent
was fit to go back to work must be upheld.
The law does not require that the illness should be incurable. What is important is that the employee was unable to
perform his customary work for more than 120 days which constitutes permanent total disability. An award of a
total and permanent disability benefit would be germane to the purpose of the benefit, which is to help the employee
in making ends meet at the time when he is unable to work.
If after the lapse of the 240-day period, the seafarer is still incapacitated to perform his usual sea duties and the
company-designated physician had not yet declared him fit to work or permanently disabled, whether total or
permanent, the conclusive presumption that the seafarer is totally and permanently disabled arises.
It is only upon the lapse of 240 days, or when so declared by the company-designated physician, that a seafarer may
be deemed totally and permanently disabled.
An employee's disability becomes permanent and total only (1) when so declared by the company-designated
physician, or, (2) in case of absence of such a declaration of fitness or permanent total disability, upon the lapse of
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the 120-day or the 240-day treatment period. If the 120 days initial period is exceeded and no such declaration is
made because the seafarer requires further medical attention, then the temporary total disability period may be
extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that the
seaman is fit to work or that the permanent partial or total disability already exists.
A seafarer may pursue an action for total and permanent disability benefits if the company-designated physician
declared him partially and permanently disabled within the 120-day or 240-day period but he remains
incapacitated to perform his usual sea duties after the lapse of the said periods.
The current rule provides: (1) that mere inability to work for a period of 120 days does not entitle a seafarer to
permanent and total disability benefits; (2) that the determination of the fitness of a seafarer for sea duty is within
the province of the company-designated physician, subject to the periods prescribed by law; (3) that the company-
designated physician has an initial 120 days to determine the fitness or disability of the seafarer; and (4) that the
period of treatment may only be extended to 240 days if a sufficient justification exists such as when further medical
treatment is required or when the seafarer is uncooperative. Also, absent proper compliance, the final medical
report and the certification of the company-designated physician declaring him fit to return to work must be
upheld.
RECRUITMENT AND PLACEMENT
Regulation and Enforcement
1. Suspension or cancellation of license or authority (Art. 35, Labor Code)
Aware that overseas workers are vulnerable to exploitation, the State sought to protect the interests and well-being
of these workers with creation of specialized bodies such as the POEA under the direct supervision of the DOLE
Secretary.
LABOR STANDARDS
Wages
An employer is allowed to withhold terminal pay and benefits pending the employee's return of its properties.
Once the employee has asserted with particularity that his employer failed to pay his benefits, the burden is on the
employer to prove payment, rather than on the employee to establish non-payment
Leaves
Maternity Leave
The very nature of a maternity leave means that a pregnant employee will not report for work only temporarily and
that she will resume the performance of her duties as soon as the leave allowance expires.
Separation Pay
Employers are not obliged to pay separation pay when they closed their establishments due to serious business
losses or financial reverses.
An employee who has been validly dismissed is not entitled to separation pay, backwages, 13th month pay, holiday
pay, and service incentive leave pay.
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Retirement Pay Eligibility
In order to claim retirement pay, the complaint should contain substantial allegations which show that the
complainant had applied for the same, and that the application squares with the requirements of entitlement under
the terms of the companys retirement plan.
The retirement age is primarily determined by the existing agreement or employment contract. Only in the absence
of such an agreement shall the retirement age be fixed by law.
Amount
Financial assistance may be allowed as a measure of social justice and exceptional circumstances, and as an
equitable concession.
Women Workers
Anti-Sexual Harassment Act (R.A. No. 7877)
Corruption, as an element of grave misconduct, consists in the act of an official or fiduciary person who unlawfully
and wrongfully uses his station or character to procure some benefit for himself or for another person, contrary to
duty and the rights of others.
Termination of Employment
Employer-employee relationship
Kinds of Employment
Probationary
A probationary employee's failure to perform the duties and responsibilities which had been clearly made known
to him is a justifiable basis for his non-regularization.
Regular
Regular employees are classified into: (1) regular employees by nature of work; and (2) regular employees by years
of service. The former refers to those employees who perform a particular activity which is necessary or desirable
in the usual business or trade of the employer, regardless of their length of service; while the latter refers to those
employees who have been performing the job, regardless of the nature thereof, for at least a year.
A regular employee 1) is engaged to perform tasks usually necessary or desirable in usual business or trade of the
employer, unless the employment is one for a specific project or undertaking or where the work is seasonal and for
the duration of a season; or 2) has rendered at least 1 year of service, whether such service is continuous or broken,
with respect to the activity for which he is employed and his employment continues as long as such activity exists.
Project employment
A project employee is assigned to a project which begins and ends at determined or determinable times.
Job Contracting
Effects of Labor-Only Contracting
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There is "labor-only" contracting where the person supplying workers to an employer does not have substantial
capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers
recruited and placed by such person are performing activities which are directly related to the principal business
of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer
who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by
him.
Dismissal from Employment
In every employee dismissal case, the employer bears the burden of proving the validity of the employee's dismissal,
i.e., the existence of just or authorized cause for the dismissal and the observance of the due process requirements.
The employer's burden of proof, however, presupposes that the employee had in fact been dismissed, with the
burden to prove the fact of dismissal resting on the employee. Without any dismissal action on the part of the
employer, valid or otherwise, no burden to prove just or authorized cause arises.
The burden of proving the allegations rests upon the party alleging and the proof must be clear, positive, and
convincing.
Just Causes
Pre-marital sexual relations between two consenting adults who have no impediment to marry each other and
consequently conceiving a child out of wedlock, does not amount to disgraceful or immoral conduct.
The Secretary of Education has the authority to issue a rule, which provides for the dismissal of teaching and non-
teaching personnel of private schools based on their incompetence, inefficiency, or some other disqualification.
Mere absence or failure to work, even after notice to return, is not tantamount to abandonment. The filing by an
employee of a complaint for illegal dismissal with a prayer for reinstatement is proof enough of his desire to return
to work, thus, negating the employers charge of abandonment.
The burden of proving that the termination of an employee was for a just or authorized cause lies with the employer.
In order to discharge this burden, the employer must present substantial evidence, which is that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion, and not based on mere surmises
or conjectures.
For misconduct or improper behavior to be a just cause for dismissal, (a) it must be serious; (b) it must relate to the
performance of the employees duties; and (c) it must show that the employee has become unfit to continue working
for the employer.
For an employee to be dismissed for the just cause of willful disobedience, the employers regulations must be (1)
reasonable and lawful, (2) sufficiently known to the employee, and (3) in connection with the duties which the
employee has been engaged to discharged.
The cause for termination must be a serious and grave malfeasance to justify the deprivation of a means of
livelihood.
Misconduct can only be a basis for terminating employment if the breach of trust is attended with a degree of
severity.
To constitute abandonment, there must be a clear and deliberate intent to discontinue one's employment without
any intention of returning. Two elements must concur: (1) failure to report for work or absence without valid or
justifiable reason; and (2) a clear intention to sever the employer-employee relationship, with the second element
as the more determinative factor and being manifested by some overt acts.
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To justify a valid dismissal based on loss of trust and confidence, the employee concerned must be one holding a
position of trust and confidence and there must be an act that would justify the loss of trust and confidence.
Misconduct is defined as improper and wrongful conduct. It is the transgression of some established and definite
rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere
error in judgment. The misconduct must (1) be serious; (2) relate to the performance of the employee's duties; and
(3) show that the employee has become unfit to continue working for the employer.
Authorized Causes
The suspension of business operations in a temporary lay-off situation must not exceed six months.
Due Process
For a dismissal to be valid, the employer must comply with both substantive and procedural due process.
C. Reliefs for Illegal Dismissal
.1Reinstatement
. Separation pay in lieu of reinstatement
In cases where no dismissal took place, the proper award is reinstatement, without backwages, not as a relief for
any illegal dismissal but on equitable grounds. When reinstatement is impossible, as when the employee had been
out for a long period of time, the award of separation pay is proper.
If reinstatement is not possible, an illegally dismissed employee is entitled to separation pay and backwages,
computed using his gross monthly pay, inclusive of allowances and other benefits or their monetary equivalent.
Such amounts however must be duly proved before they may be granted by the Court.
Backwages
Computation
No essential change is made on a judgment by a recomputation, as this step is a necessary consequence that flows
from the nature of the illegality of dismissal. By the nature of an illegal dismissal case, the reliefs continue to add
up until full satisfaction.
Constructive Dismissal
When an employee is placed under "floating status" for more than six months, he is considered to have been
constructively dismissed.
When professionals and educators violate the ethical standards of the profession to which they belong and for which
they train students, educational institutions employing them are justified in relieving them of their teaching posts
and in taking other precautionary or punitive measures
Temporary off-detail or the period of time security guards are made to wait until they are transferred or assigned
to a new post or client does not constitute constructive dismissal, so long as such status does not continue beyond
six months. The onus of proving that there is no post available to which the security guard can be assigned rests on
the employer.
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SOCIAL WELFARE LEGISLATION (P.D. 626)
Section 23 of P.D. No. 1752, as amended by R.A. No. 7742 provides that the Refusal or failure without lawful
cause or with fraudulent intent to comply with the provisions of this Decree, xxx particularly with respect to
registration of employees, collection and remittance of employee savings as well as employer counterparts, or the
correct amount due, xxx shall constitute an offense xxx. Consequently, if the failure to remit to the Pag-IBIG fund
the amount due was for a justifiable or a lawful cause, a person should not be held liable for violating the Home
Development Mutual Fund Law.
Employees compensation coverage and when compensable
For death benefits to be awarded, the employees death should occur during the effectivity of the employment
contract.
The employer may be exempt from liability if it can prove that the seamans death was caused by an injury directly
attributable to his deliberate or willful act.
For illness to be compensable, it is not necessary that the nature of the employment be the sole reason for the illness
suffered by the seafarer.
Under the 1996 POEA-SEC, it is enough that the seafarer proves that his or her injury or illness was acquired during
the term of employment to support a claim for disability benefits.
Under the POEA-SEC, an illness suffered by a seafarer during the term of his contract is presumed compensable.
The mere death of a seaman during the term of his employment is not sufficient to give rise to compensation.
The death of a seafarer during the term of his employment makes his employer liable for death benefits. However,
no compensation or benefits shall arise in case of death of a seafarer resulting from his willful act, provided that
the employer could prove that such death is attributable to the seafarer.
The POEA-SEC cannot be presumed to contain all the possible injuries that render a seafarer unfit for further sea
duties. Section 20 (B) (4) of the same provides that "[t]he liabilities of the employer when the seafarer suffers work-
related injury or illness during the term of his contract are as follows: (t)hose illnesses not listed in Section 32 of
this Contract are disputably presumed as work related." A disputable presumption is created in favor of
compensability. Illnesses not listed in Section 32 are disputably presumed as work-related. Even if the illness is not
listed as an occupational disease or illness, it will be presumed as work-related, and it becomes incumbent on the
employer to overcome the presumption.
For a disease to be compensable, it is enough that the employment had contributed, even in a small degree, to its
development.
Procedure and Jurisdiction
Forum non conveniens relates to forum, not to the choice of governing law. That forum non conveniens may
ultimately result in the application of foreign law is merely an incident of its application.
Labor Arbiter
Requirements to perfect appeal to NLRC
The 10% is based on the judgment award and should in no case be construed as the minimum amount of bond to
be posted in order to perfect appeal.
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With the employer's demonstrated good faith in filing the motion to reduce the bond on demonstrable grounds,
coupled with the posting of the appeal bond in the requested amount, as well as the filing of the memorandum of
appeal, the right of the employer to appeal must be upheld.
The posting of a bond is indispensable to the perfection of an appeal in cases involving monetary awards from the
decision of the LA. The word only makes it perfectly plain that the lawmakers intended the posting of a cash or
surety bond by the employer to be the essential and exclusive means by which an employers appeal may be
perfected.
To justify the reduction of the appeal bond, the merit referred to may pertain to (a) an appellant's lack of financial
capability to pay the full amount of the bond, or (b) the merits of the main appeal such as when there is a valid
claim that there was no illegal dismissal to justify the award.
National Labor Relations Commission (NLRC)
Although the cases have substantially identical parties and subject matter of the dismissal of respondents, the cause
of action for declaration of illegal strike and the cause of action for illegal dismissal are different.
The ruling on the legality of MBI and MIFFIs contractual relationship, being one of permissible job contracting,
can no longer be disturbed. All the requisites of res judicata by conclusiveness of judgment are present.
The Court is not precluded to examine and admit evidence, even if presented only on appeal before the NLRC, if only
to dispense substantial justice.
DOLE Regional Directors
Motions for reconsideration not served on the other party are pro forma and shall not be acted upon. It will also
not toll the filing of an appeal, and the judgment sought to be reconsidered becomes final and executory upon the
lapse of the reglementary period.
Court of Appeals
Rule 65, Rules of Court
A conditional Satisfaction of Judgment, although deemed as a compromise agreement, does not render the
certiorari proceedings before the CA moot and academic.
Supreme Court
The grant of leave to file the second Motion for Reconsideration does not toll the 15-day period.
Consolidation of cases will no longer be acted upon if the respondents already executed a waiver of their claims, as
such waiver renders the case moot and academic.
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CIVIL LAW
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PERSONS AND FAMILY RELATIONS

PSYCHOLOGICAL INCAPACITY
PSYCHOLOGICAL INCAPACITY
Article 36 of the Family Code must not be so strictly and too literally read and applied given the clear intendment of
the drafters to adopt its enacted version of less specificity obviously to enable some resiliency in its application.
The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties
required in marriage. It must be rooted in the history of the party antedating the marriage, although the overt
manifestations may only emerge after the marriage. It must be incurable or, even if it were otherwise, the cure would
be beyond the means of the party involved.
It was not enough that the spouse alleged to be psychologically incapacitated, had difficulty in complying with
his/her marital obligations, or was unwilling to perform these obligations. Proof of a natal or supervening disabling
factor an adverse integral element in the respondents personality structure that effectively incapacitated him
from complying with his essential marital obligations had to be shown.
Filiation may be proved by an admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
LEGITIMATION
Article 177 of the Family Code provides that "only children conceived and born outside of wedlock of parents who,
at the time of the conception of the former, were not disqualified by any impediment to marry each other may be
legitimated." Article 178 states that "legitimation shall take place by a subsequent valid marriage between parents."
Vested rights include not only legal or equitable title to the enforcement of a demand, but also an exemption from
new obligations after the right has vested. After a law is amended, the original law continues to be in force with
regard to all rights that had accrued prior to such amendment. After the right has vested, the state may not impair
it by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change
in the constitution of the State, except in a legitimate exercise of the police power.
OBLIGATIONS AND CONTRACTS

BREACH OF CONTRAC
BREACH OF CONTRACT
The agreement is the law between the parties.
If a party to a contract of lease violates its terms and conditions, the other party should go to court to make the
former refrain from his 'illegal' activities or seek rescission of the contract, rather than taking the law into his own
hands. Otherwise, he is liable for breach of contract for illegally terminating the same.
PAYMENT
Article 1242 of the Civil Code is an exception to the rule that a valid payment of an obligation can only be made to
the person to whom such obligation is rightfully owed. It contemplates a situation where a debtor pays a "possessor
of credit" i.e., someone who is not the real creditor but appears, under the circumstances, to be the real creditor. In
such scenario, the law considers the payment to the "possessor of credit" as valid even as against the real creditor
taking into account the good faith of the debtor.
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Article 1293 of the New Civil Code provides that novation which consists in substituting a new debtor in the place of
the original one, may be made even without the knowledge or against the will of the latter, but not without the
consent of the creditor.
The following are the essential requisites of contracts: (a) consent; (b) object or subject matter; and (c) cause or
consideration.
CONSENT
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to
constitute the contract. The offer must be certain, and the acceptance, whether express or implied, must be absolute.
An acceptance is considered absolute and unqualified when it is identical in all respects with that of the offer so as
to produce consent or a meeting of the minds.
DEFAULT
There are four instances when demand is not necessary to constitute the debtor in default: (1) when there is an
express stipulation to that effect; (2) where the law so provides; (3) when the period is the controlling motive or the
principal inducement for the creation of the obligation; and (4) where demand would be useless. In the first two
paragraphs, it is not sufficient that the law or obligation fixes a date for performance; it must further state expressly
that after the period lapses, default will commence.
Under estoppel by deed, a party to a deed and his privies are precluded from denying any material fact stated in the
deed as against the other party and his privies.
LACHES
In general, there is no room to apply the concept of laches when the law provides the period within which to enforce
a claim or file an action in court.
RESCISSION
The absence of fraud in a transaction does not mean that rescission under Article 1191 is not proper.
For a contracting party to be entitled to rescission (or resolution) the other contracting party must be in substantial
breach of the terms and conditions of their contract.
The Civil Code uses rescission in two different contexts, namely: (1) rescission on account of breach of contract under
Article 1191; and (2) rescission by reason of lesion or economic prejudice under Article 1381.
SURETY
Where there is a concurrence of two or more creditors or of two or more debtors in one and the same obligation,
Article 1207 provides that among them, "[t]here is a solidary liability only when the obligation expressly so states, or
when the law or the nature of the obligation requires solidarity."
As provided in Article 2047, the surety undertakes to be bound solidarily with the principal obligor. That undertaking
makes a surety agreement an ancillary contract as it presupposes the existence of a principal contract.
PROPERTY
REAL PROPERTY
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Under the Local Government Code, machinery, to be deemed real property subject to real property tax, need no
longer be annexed to the land or building.
A third party's possession of a property is legally presumed to be based on a just title, a presumption which may be
overcome by the purchaser in a judicial proceeding for recovery of the property. Through such a judicial proceeding,
the nature of the adverse possession by the third party may be determined, after such third party is accorded due
process and the opportunity to be heard. The third party may be ejected from the property only after he has been
given an opportunity to be heard, conformably with the time-honored principle of due process.
In ejectment cases, possession, not ownership, is the central issue.
ACCION REINVINDICATORIA
A boundary dispute must be resolved in the context of accion reivindicatoria, not an ejectment case. A boundary
dispute is not about possession, but encroachment.
ACQUISITIVE PRESCRIPTION
Section 41 of the Code of Civil Procedure provides for the applicable prescriptive period to vest ownership over the
subject portion, considering that Article 1116 of the New Civil Code provides that prescription already running
before the effectivity of this Code shall be governed by laws previously in force.
EASEMENT OF RIGHT OF WAY
The easement of right of way shall be established at the point least prejudicial to the servient estate.
LAND TITLES AND DEEDS

PROPERTY RESERVED FOR PUBLIC/QUASI-PUBLIC PURPOSE
Property which has been reserved for public or quasi-public use or purpose are non-alienable and shall not be
subject to sale or other disposition until again declared alienable by law or by proclamation of the President.
JURISDICTION OF COURTS
The active participation of the party against whom the action was brought, coupled with his failure to object to the
jurisdiction of the court or quasi-judicial body where the action is pending, is tantamount to an invocation of that
jurisdiction and a willingness to abide by the resolution of the case and will bar said party from later on impugning
the court or bodys jurisdiction.
CLOUD ON TITLE
Any title that traces its source to an inexistent mother title is void.
CERTIFICATE OF TITLES COVERING THE SAME LAND
The general rule is that where two certificates of title purport to include the same land, the earlier in date prevails.
JURISDICTION OF DAR
DARABs New Rules of Procedure issued on May 30, 1994 expressly recognized, under Section 1(g), Rule II thereof,
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that matters involving strictly the administrative implementation of R.A. No. 6657, otherwise known as the CARL of
1988 and other agrarian laws as enunciated by pertinent rules, shall be the exclusive prerogative of and cognizable
by the Secretary of the DAR.
POSSESSION AND OCCUPATION
Section 14(1) of the Property Registration Decree should be interpreted to include possession before the declaration
of the lands alienability as long as at the time of the application for registration, the land has already been declared
part of the alienable and disposable agricultural public lands
WHERE DATE OF REGISTRATION IS RECKONED FROM
The date of registration is reckoned from the time of the title's transcription in the record book of the Registry of
Deeds (RD). Therefore, the date appearing on the face of a title refers to the date of issuance of the decree of
registration, as provided in Sections 41 and 42 of the Land Registration Act or Section 40 of the P.D. 1529.
FORGERY
As a rule, forgery cannot be presumed and must be proved by clear, positive and convincing evidence, the burden of
proof lies on the party alleging forgery. One who alleges forgery has the burden to establish his case by a
preponderance of evidence, or evidence which is of greater weight or more convincing than that which is offered in
opposition to it.
ALIENABLE AND DISPOSABLE CHARACTER OF LAND
The advance plan and the CENRO certification are insufficient proofs of the alienable and disposable character of
the property.
Public land not shown to have been reclassified or released as alienable agricultural land or alienated to a private
person cannot be acquired by private persons without any grant, express or implied, from the government.
EXEMPTION FROM CARP
To be exempt from CARP, all that is needed is one valid reclassification of the land from agricultural to non-
agricultural by a duly authorized government agency before June 15, 1988, when the CARL took effect.
AMENDMENT AND ALTERATION OF CERTIFICATES
Relief under Sec. 108 of PD No. 1529 can only be granted if there is unanimity among the parties, or that there is no
adverse claim or serious objection on the part of any party in interest.
RECONSTITUTION
The survey plan and technical description are not competent and sufficient sources of reconstitution when the
petition is based on Section 2(f) of RA No. 26. They are mere additional documentary requirements. Where the RTC
ordered reconstitution on the basis of the survey plan and technical description, the order of reconstitution is void
for want of factual support.
No petition for the judicial reconstitution of a Torrens title that does not strictly adhere to the requirements of
Republic Act No. 26, albeit unopposed, should be granted even on the pretext that the reconstitution would not
affect the ownership or possession of the property.
PROOF OF OWNERSHIP OF A LAND
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Where a party has the means in his power of rebutting and explaining the evidence adduced against him, if it
does not tend to the truth, the omission to do so furnishes a strong inference against him.
PROOF OF CONVEYANCE OF LAND
While the law requires the Register of Deeds to obtain a copy of the Deed of Conveyance before cancelling the sellers
title, its subsequent failure to produce the copy, after a new title had already been issued is not a sufficient evidence
to hold that the claimed sale never actually happened.
FREE PATENT
Section 124 of the Public Land Act is clear and explicit that a contract which purports to alienate, transfer, convey
or encumber any homestead within the prohibitory period is void from its execution.
The right to repurchase under Sec. 119 of CA 141 does not cease once the propertys nature and classification gets
changed. What the law strictly requires is that the repurchase must be for the purpose of preserving the land for the
use of the patentee and his family.
ATTACK ON CERTIFICATE OF TITLE
To determine whether an attack on a certificate of title is direct or indirect, the relevance of the object of the action
instituted and the relief sought therein must be examined. The attack is direct when the object of an action or
proceeding 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 is nevertheless made as an
incident thereof.
An action is deemed an attack on a title when the object of the action or proceeding is to nullify the title, and thus
challenge the judgment pursuant to which the title was decreed.
A person who possesses a title issued under the Torrens system is entitled to all the attributes of ownership including
possession. A certificate of title cannot be subject to a collateral attack in an action for unlawful detainer.
ACTION FOR RECONVEYANCE
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.
INNOCENT PURCHASERS FOR VALUE
In order that the holder of a certificate of title issued by virtue of the registration of a voluntary instrument may
be considered a holder in good faith and for value, the instrument registered should not be forged. Consequently, if
there is no new title issued in one s favor, there is no new title to annul and the issue of good faith or bad faith
becomes irrelevant.
An innocent purchaser for value is defined as one who buys the property of another, without notice that some other person
has a right or interest in such property and pays the full price for the same, at the time of such purchase or before he has notice
of the claims or interest of some other person in the property. An innocent purchaser for value includes an innocent lessee,
mortgagee, or other encumbrancer for value and that their claim as an innocent purchaser for value must be substantiated
by proof.
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It is a condition sine qua non that the person who brings an action for damages against the assurance fund be the
registered owner, and, as to holders of transfer certificates of title, that they be innocent purchasers in good faith
and for value.
MORTGAGEE IN GOOD FAITH AND FOR VALUE
When the purchaser or the mortgagee is a bank, the rule on innocent purchasers or mortgagees for value is applied
more strictly. Since the banking business is impressed with public interest, they are expected to be more cautious, to
exercise a higher degree of diligence, care and prudence, than private individuals in their dealings, even those
involving registered lands. Banks may not simply rely on the face of the certificate of title.
REVERSION
Reversion under Section 101 of the Public Land Act is not automatic. The Office of the Solicitor General must first
file an action for reversion.
WILLS AND SUCCESSIONS

In the right of representation, representatives will be called to the succession by the law and not by the person
represented; and the representative does not succeed the person represented but the one whom the person
represented would have succeeded.
COMPROMISE
A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their
differences and, thus, avoid or put an end to a lawsuit, in order to be binding upon the litigants with the force and
effect of a judgment, must have been executed by them.
A Compromise Agreement which is not contrary to law, morals, good customs, public policy and public order shall
be granted.
A judicially approved compromise agreement has the effect and authority of res judicata. It is final, binding on the
parties, and enforceable through a writ of execution. Article 2041 of the Civil Code, however, allows the aggrieved
party to rescind the compromise agreement and insist upon his original demand upon failure and refusal of the
other party to abide by the compromise agreement.
CREDIT TRANSACTIONS
CHATTEL MORTGAGE
Although a promise expressed in a chattel mortgage to include debts that are yet to be contracted can be a binding
commitment that can be compelled upon, the security itself, however, does not come into existence or arise until
after a chattel mortgage agreement covering the newly contracted debt is executed either by concluding a fresh
chattel mortgage or by amending the old contract conformably with the form prescribed by Chattel Mortgage Law.
LOAN/MUTUUM
Forbearance, within the context of usury law, has been described as a contractual obligation of a lender or creditor
to refrain, during a given period of time, from requiring the borrower or debtor to repay the loan or debt then due
and payable.
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While Central Bank Circular No. 905-82 effectively removed the ceiling on interest rates for both secured and
unsecured loans, regardless of maturity, nothing in the said circular could possibly be read as granting carte
blanche authority to lenders to raise interest rates to levels that would be unduly burdensome, to the point of
oppression on their borrowers. In exercising this power to determine what is iniquitous and unconscionable, courts
must consider the circumstances of each case, since what may be iniquitous and unconscionable in one may be
totally just and equitable in another.
Settled is the principle which the Court has affirmed in a number of cases that stipulated interest rates of three
percent (3%) per month and higher are excessive, iniquitous, unconscionable, and exorbitant.
A check constitutes an evidence of indebtedness and is a veritable proof of an obligation.
MORTGAGE
It is settled that the issuance of a Writ of Possession may not be stayed by a pending action for annulment of
mortgage or the foreclosure itself.
While a mortgage may be nullified if it was in violation of Section 18 of P.D. No. 957, such nullification applies only
to the interest of the complaining buyer.
The doctrine of the mortgagee in good faith, wherein buyers or mortgagees dealing with property covered by a
Torrens Certificate of Title are no longer required to go beyond what appears on the face of the title, is not applicable
to banks, since a banking institution is expected to exercise due diligence before entering into a mortgage contract.
Where the proceeds of the sale are insufficient to pay the debt, the mortgagee has the right to recover the deficiency
from the debtor.
The remedy from an order granting a writ of possession after the lapse of redemption period is an ordinary appeal.
After the lapse of the redemption period, the remedy of a debtor to contest the possession of the property is a
separate action, e.g., action for recovery of ownership, for annulment of mortgage and/or annulment of foreclosure,
and not the appeal provided for in Section 8 of Act No. 3135.
PACTUM COMMISSORIUM
Prompt assignment and conveyance without the need of conducting foreclosure proceedings, judicial or otherwise
is indicative of pactum commissorium which is void and ineffectual and does not serve to vest ownership.
EXTRAJUDICIAL FORECLOSURE
In an extra-judicial foreclosure of registered land acquired under a free patent, the mortgagor may redeem the
property within 2 years from the date of foreclosure if the land is mortgaged to a rural bank, or within 1 year from
the registration of the certificate of sale if the land is mortgaged to parties other than rural banks. If the mortgagor
fails to exercise such right, he or his heirs may still repurchase the property within 5 years from the expiration of the
aforementioned redemption period pursuant to Section 119 of the Public Land Act (PLA).
To enable the extrajudicial foreclosure of a Real Estate Mortgage (REM), the special power to sell should have been
either inserted in the REM itself or embodied in a separate instrument attached to the REM.
The mistakes and omissions which would invalidate notice pertain to those which: 1) are calculated to deter or
mislead bidders, 2) to depreciate the value of the property, or 3) to prevent it from bringing a fair price.
REDEMPTION
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A valid redemption of property must appropriately be based on the law which is the very source of this substantive
right. It is, therefore, necessary that compliance with the rules set forth by law and jurisprudence should be shown
in order to render validity to the exercise of this right. Hence, when the Court is beckoned to rule on this validity, a
hasty resort to elementary rules on construction proves inadequate.
SURETYSHIP
A surety is considered in law as being the same party as the debtor in relation to whatever is adjudged touching the
obligation of the latter, and their liabilities are interwoven as to be inseparable.
GUARANTY
In guaranty, the guarantor binds himself to the creditor to fulfill the obligation of the principal debtor in case the
latter should fail to do so. In contrast, the surety is solidarily bound to the obligation of the principal debtor.
SALES
WHEN SALE IS PERFECTED
A contract of sale is perfected upon the meeting of the minds of the parties on the essential elements of the
contract, i.e., consent, object certain, and the consideration of the contract.
DELIVERY
Delivery has been described as a composite act, a thing in which both parties must join and the minds of both parties
concur. It is an act by which one party parts with the title to and the possession of the property, and the other
acquires the right to and the possession of the same.
BILL OF LADING
Mere proof of delivery of the goods in good order to a common carrier and of their arrival in bad order at their
destination constitutes a prima facie case of fault or negligence against the carrier. If no adequate explanation is
given as to how the deterioration, loss, or destruction of the goods happened, the transporter shall be held
responsible.
EARNEST MONEY
Earnest money only applies to a perfected sale. Prior payment of earnest money even before the property owner can
agree to sell his property is irregular and cannot be used to bind the owner to the obligations of a seller.
SIMULATED SALE
If the words of a contract appear to contravene the evident intention of the parties, the latter shall prevail. Such
intention is determined not only from the express terms of their agreement, but also from the contemporaneous and
subsequent acts of the parties. This is especially true in a claim of absolute simulation where a colorable contract is
executed.
EQUITABLE MORTGAGE
An equitable mortgage is one which, although lacking the proper formalities, form or words, or other requisites
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prescribed by law for a mortgage, nonetheless shows the real intention of the parties to make the property subject
of the contract as security for debt and contains nothing impossible or anything contrary to law in this intent.
REDEMPTION
Upon the expiration of the right of redemption, the possession of the property shall be given to the purchaser or last
redemptioner unless a third party is actually holding the property adversely to the judgment obligor. For the
exception to apply, the property need not only be possessed by a third party, but also held by him adversely to the
judgment obligor.
ASSIGNMENT OF CREDIT
Through the assignment of credit, the new creditor is entitled to the rights and remedies available to the previous
creditor. Moreover, under Article 1627 of the Civil Code, the assignment of a credit includes all the accessory rights,
such as a guaranty, mortgage, pledge, or preference.
PARTNERSHIPS, AGENCIES, AND TRUSTS

AGENCY
Whether or not an agency has been created is determined by the fact that one is representing and acting for
another.
In suits where an agent represents a party, the principal is the real party-in-interest; an agent cannot file a suit in
his own name on behalf of the principal.
The power to collect and receive payments on behalf of the principal is an ordinary act of administration covered
by the general powers of an agent. On the other hand, the filing of suits is an act of strict dominion.
TRUST
The existence of implied trust prevents prescription from setting in because the defense of prescription cannot be
set up in an action to enforce trust.
SPECIAL POWER OF ATTORNEY
According to Article 1990 of the New Civil Code, insofar as third persons are concerned, an act is deemed to have
been performed within the scope of the agent's authority, if such act is within the terms of the power of attorney, as
written.
The execution of an SPA for the administration of the properties, on the same day the Deeds of Absolute Sale were
executed, is antithetical to the relinquishment of ownership.
TORTS AND DAMAGES

Absent competent proof on the actual damages suffered, a party still has the option of claiming temperate damages,
which may be allowed in cases where, from the nature of the case, definite proof of pecuniary loss cannot be adduced
although the court is convinced that the aggrieved party suffered some pecuniary loss.
The extinction of the penal action does not carry with it the extinction of the civil liability where the acquittal is
based on reasonable doubt.
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TAXATION LAW
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TAXATION 1
Tax Amnesty
There is nothing in Sec. 1 of RA 9399 that excludes Sec. 131(A) of the 1997 NIRC from the amnesty. In fact,
there is no mention at all of any tax or duty imposed by the 1997 NIRC as being specifically excluded from the
coverage of the tax amnesty.
Qualified taxpayers with pending tax cases may still avail themselves of the tax amnesty program under
Republic Act No. 9480, otherwise known as the 2007 Tax Amnesty Act.
Construction and Interpretation
Tax Exemption and Exclusion
A tax exemption is strictly construed against the taxpayer claiming the exemption. However, when Congress
grants an exemption to a national government instrumentality from local taxation, such exemption is construed
liberally in favor of the national government instrumentality.
Scope and Limitation of Taxation
Constitutional Limitation
Exemption from Real Property Taxes
To recall, in the 2006 MIAA case, we held that MIAAs airport lands and buildings are exempt from real estate
tax imposed by local governments; that it is not a GOCC but an instrumentality of the national government, with
its real properties being owned by the Republic of the Philippines, and these are exempt from real estate tax.
NATIONAL INTERNAL REVENUE CODE (NIRC) OF 1997, AS AMENDED
Income Taxation
Dealings in Real Property situated in the Philippines
Under Sections 24(D) and 56(A)(3) of the NIRC, capital gains tax due on the sale of real property is a liability on
the part of the seller.
TAXATION 2
Value-Added Tax (VAT)
Period to file a claim for refund/apply for issuance of tax credit certificate
For a VAT-registered person whose sales are zero-rated or effectively zero-rated, Section 112(A) specifically
provides for a two-year prescriptive period after the close of the taxable quarter when the sales were made
within which such taxpayer may apply for the issuance of a tax credit certificate or refund of creditable input
tax.
The 120+30-day period must be strictly observed. Verily the compliance with the 120+3-day period is mandatory
and jurisdictional.
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Invoicing Requirement
This Court has consistently held as fatal the failure to print the word "zero-rated" on the VAT invoices or
official receipts in claims for a refund or credit of input VAT on zero-rated sales, even if the claims were made
prior to the effectivity of R.A. 9337.
The failure to indicate the words zero-rated on the invoices and receipts issued by a taxpayer would result in
the denial of the claim for refund or tax credit.
Tax Remedies under the NIRC
Assessment
All presumptions are in favor of the correctness of tax assessments.
When Assessment is made
Petitioner only had three years, counted from the date of actual filing of the return or from the last date
prescribed by law for the filing of such return, whichever comes later, to assess a national internal revenue tax
or to begin a court proceeding for the collection thereof without an assessment.
Suspension of the running of Statute of Limitation
Failure to comply with any of the requisites renders a waiver defective and ineffectual. Thus, the waivers in
question were defective and did not validly extend the original three-year prescriptive period.
The general rule is that when a waiver does not comply with the requisites for its validity, it is invalid and
ineffective to extend the prescriptive period to assess taxes. However, as an exception the BIR's right to assess
and collect taxes should not be jeopardized merely because of the mistakes and lapses of its officers, especially
in cases like this where the taxpayer is obviously in bad faith.
LOCAL GOVERNMENT CODE OF 1991, AS AMENDED
Real Property Taxation
Issuance of Notice of Delinquency for Real Property Tax Payments
It is incumbent upon the City Treasurer to convey the notice of delinquency to the taxpayer.
Resale of Real Estate taken for Taxes, Fees or Charges
Section 267 of R.A. No. 7160 is a jurisdictional requirement, the nonpayment of which warrants the dismissal of
the action.
TARIFF AND CUSTOMS CODE OF 1978, AS AMENDED
Smuggling
In order that a shipment be liable to forfeiture, it must be proved that fraud has been committed by the
consignee/importer to evade the payment of the duties due.
Other fraudulent practices
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The elements to be established in order to convict a person of the crime of making an entry by means of false
and fraudulent invoice and declaration are: (1) there must be an entry of imported or exported articles; (2) the
entry was made by means of any false or fraudulent invoice, declaration, affidavit, letter, or paper; and (3) there
must be intent to avoid payment of taxes.
JUDICIAL REMEDIES (R.A. NO. 1125, AS AMENDED, AND THE REVISED RULES OF THE COURT OF TAX
APPEALS)
Jurisdiction of the Court of Tax Appeals
It is the CTA which has the power to rule on a Petition for Certiorari assailing an interlocutory order of the RTC
relating to a local tax case.
The CTA is a court of special jurisdiction, with power to review by appeal decisions involving tax disputes
rendered by either the CIR or the COC. Conversely, it has no jurisdiction to determine the validity of a ruling
issued by the CIR or the COC in the exercise of their quasi-legislative powers to interpret tax laws.
Sec. 3, Rule 50 of the Rules of Court applies since the Revised Rules of the Court of Tax Appeals is silent as to the
procedure for withdrawal of pending appeals before the CTA. While withdrawal may be allowed in the discretion
of the CTA, it must also be borne in mind that jurisdiction, once acquired, is not lost upon the instance of the
parties, or by the unilateral withdrawal by one party, but continues until the case is terminated.
DOCUMENTARY STAMP TAX
With regard to documentary stamps tax, the NIRC does not explicitly impute the obligation to pay on the seller.
Thus, any of the parties to a transaction shall be liable, unless they agree among themselves on who shall be
liable.
The transfer of real property to a surviving corporation pursuant to a merger is not subject to Documentary
Stamp Tax (DST).
EXCISE TAX
Excise tax on petroleum products is essentially a tax on property, the direct liability for which pertains to the
statutory taxpayer (i.e., manufacturer, producer or importer). Any excise tax paid by the statutory taxpayer on
petroleum products sold to any of the entities or agencies named in Section 135 of the National Internal Revenue
Code (NIRC) exempt from excise tax is deemed illegal or erroneous, and should be credited or refunded to the
payor pursuant to Section 204 of the NIRC. This is because the exemption granted under Section 135 of the NIRC
must be construed in favor of the property itself, that is, the petroleum products.
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MERCANTILE LAW
31
MERCANTILE LAW
TRUST RECEIPTS LAW
Definition /Concept of Trust Receipt Transaction
Loan/Security Feature
In the absence of such absolute conveyance of title to qualify as an assignment of credit, the subject promissory
note with trust receipt agreement should be interpreted as it is denominated. The contract being that of a mere
loan, and because there was no valid assignment of credit, BSP may not foreclose the mortgage.
NEGOTIABLE INSTRUMENTS (Forms and Interpretation)
Kinds of Negotiable Instruments
The promissory notes securing the first and second loan contained exactly the same terms and conditions, except for
the date and amount of principal. Marquez knew of such terms and conditions even assuming that the entries on
the interest and penalty charges were in blank when he signed the promissory note.
CORPORATION CODE
Corporate Powers
The doctrine of apparent authority provides that a corporation will be estopped from denying the agent's authority
if it knowingly permits one of its officers or any other agent to act within the scope of an apparent authority, and it
holds him out to the public as possessing the power to do those acts. The doctrine does not apply, however, if the
principal did not commit any act or conduct which a third party knew and relied upon in good faith as a result of
the exercise of reasonable prudence.
Intra-corporate Disputes
Intra-corporate controversies, previously under the SEC's jurisdiction, are now under the jurisdiction of RTCs
designated as commercial courts. However, this does not oust the SEC of its jurisdiction to determine if
administrative rules and regulations were violated.
The jurisdiction of the Sandiganbayan has been held not to extend even to a case involving a sequestered company
notwithstanding that the majority of the members of the board of directors were PCGG nominees.
SECURITIES REGULATION CODE (R.A. No. 8799)
Prohibitions on Fraud, Manipulation and Insider Trading
The SRC punishes the persons primarily liable for fraudulent transactions under Section 58 and their aiders or
abettors under Section 51.5, by making their liability for damages joint and solidary. Thus, one cannot condone the
liability of the person primarily liable and proceed only against his aiders or abettors because the liability of the
latter is tied up with the former. Liability attaches to the aider or abettor precisely because of the existence of the
liability of the person primarily liable.
INTELLECTUAL PROPERTY CODE
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Copyrightable works
News or the event itself is not copyrightable. However, an event can be captured and presented in a specific medium.
News as expressed in a video footage is entitled to copyright protection.
Limitations on Copyright
Copyright Infringement
The mere sale of the illicit copies of the software programs was enough by itself to show the existence of probable
cause for copyright infringement.
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CRIMINAL LAW
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CRIMINAL LAW 1
Stages of Execution
There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than
his own spontaneous desistance.
Conspiracy and proposal
An information alleging conspiracy can stand even if only one person is charged except that the court cannot pass
verdict on the co-conspirators who were not charged in the information.
Conspiracy exists when the acts of the accused demonstrate a common design towards the accomplishment of the
same unlawful purpose.
Conspiracies are clandestine in nature. It may be inferred from the conduct of the accused before, during and after
the commission of the crime, showing that they had acted with a common purpose and design.
Complex crimes and special complex crimes
When the crime is a complex one, the penalty imposable as provided in Art. 48 of said Code is the penalty for
the most serious offense in its maximum period.
In estafa through falsification of commercial documents, the court should impose the penalty for the graver offense
in the maximum period. Otherwise, the penalty prescribed is invalid, and will not attain finality.
Justifying Circumstances
By invoking self-defense, one admits killing the victim and the constitutional presumption of innocence is effectively
waived. The burden of evidence then shifts to the appellant that the killing was justified and that he incurred no
criminal liability.
Exempting Circumstances
A person invoking the exempting circumstance of compulsion due to irresistible force must show that the irresistible
force reduced him to a mere instrument that acted not only without will but also against his will. The compulsion
must be of such character as to leave the accused no opportunity to defend himself or to escape.
Persons criminally liable/Degree of participation
The conviction of a person as a principal by inducement requires that the inducement be made with the intention of
procuring the commission of the crime and that such inducement be the determining cause of the commission by
the material executor.
Modification and extinction of criminal liability
The death of accused-appellant pending appeal of his conviction, extinguishes his civil and criminal liabilities. A
violation of Republic Act No. 9165 does not entail any civil liability therefore no civil liability needs extinguishment.
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CRIMINAL LAW 2
Article 217. Malversation of public funds or property
The crime of malversation of public funds has the following elements, to wit: (a) that the offender is a public officer;
(b) that he had the custody or control of funds or property by reason of the duties of his office; (c) that the funds or
property were public funds or property for which he was accountable; and (d) that he appropriated, took,
misappropriated or consented or, through abandonment or negligence, permitted another person to take them.
To have custody or control of the funds or property by reason of the duties of his office, a public officer must be a
cashier, treasurer, collector, property officer or any other officer or employee who is tasked with the taking of money
or property from the public which they are duty-bound to keep temporarily.
Article 248. Murder
The elements of murder that the prosecution must establish are: (a) that a person was killed; (b) that the accused
killed him or her; (c) that the killing was attended by any of the qualifying circumstances mentioned in Article 248
of the RPC; and (d) that the killing is not parricide or infanticide.
In the prosecution of the crime of murder as defined in Article 248 of the Revised Penal Code (RPC), the following
elements must be established by the prosecution: (1) that a person was killed; (2) that the accused killed that
person; (3) that the killing was attended by treachery; and (4) that the killing is not infanticide or parricide.
To be convicted of murder, the following must be established: (1) a person was killed; (2) the accused killed him; (3)
the killing was with the attendance of any of the qualifying circumstances under Article 248 of the RPC; and (4) the
killing neither constitutes parricide nor infanticide.
The testimonies of prosecution witnesses Pepito, Jr. and Renegado established without a shadow of doubt that it was
appellant who mercilessly killed his brother, Pepito. Pepito, Jr. 's testimony was corroborated in all material points
by the testimony of Renegado.
The essence of treachery is that the attack comes without warning, or is done in a swift, deliberate and unexpected
manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape, without the
slightest provocation on the part of the victim.
The elements of murder are: (1) a person was killed; (2) the accused killed him; (3) the killing was with the
attendance of any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; (4) the killing
constitutes neither parricide nor infanticide.
When the attack against an unarmed victim is so sudden and unexpected that he had no inkling of what the
assailant was about to do, there is treachery.
Article 249. Homicide
The elements of frustrated homicide are: (1) the accused intended to kill his victim, as manifested by his use of a
deadly weapon in his assault; (2) the victim sustained fatal or mortal wound/s but did not die because of timely
medical assistance; and (3) none of the qualifying circumstances for murder under Article 248 of the Revised Penal
Code exist.
In attempted or frustrated homicide, the offender must have the intent to kill the victim; If there is no intent to kill
on the part of the offender, he is liable for physical injuries only.
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Article 251. Death caused in a tumultuous affray
The elements of Death Caused in a Tumultuous Affray are as follows: (a) that there be several persons; (b) that they
did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (c)
that these several persons quarreled and assaulted one another in a confused and tumultuous manner; (d) that
someone was killed in the course of the affray; (e) that it cannot be ascertained who actually killed the deceased;
and (j) that the person or persons who inflicted serious physical injuries or who used violence cannot be identified.
Article 266-A. Rape: When And How Committed
Under Article 266-A of the RPC there are two ways by which the crime of rape may be committed: by sexual
intercourse or by sexual assault.
The elements therefore of qualified rape are: "(1) sexual congress; (2) with a woman; (3) done by force and without
consent; (4) the victim is under [18] years of age at the time of the rape; (5) the offender is a parent (whether
legitimate, illegitimate or adopted) of the victim."
Force or violence that is required in rape cases is relative; when applied, it need not be overpowering or irresistible.
A victim need not identify what was inserted into his or her genital or anal orifice for the court to find that rape
through sexual assault was committed.
The elements of rape are: (1) the offender had carnal knowledge of the victim; and (2) such act was accomplished
through force or intimidation; or when the victim is deprived of reason or otherwise unconscious.
The accused may be convicted of rape on the basis of the victim's sole testimony provided such testimony is logical,
credible, consistent and convincing.
It is settled that the absence of physical injuries or fresh lacerations does not negate rape, and although medical
results may not indicate physical abuse or hymenal lacerations, rape can still be established since medical findings
or proof of injuries are not among the essential elements in the prosecution for rape.
It is a well-settled rule in our jurisdiction that the assessment of a trial court in matters pertaining to the credibility
of witnesses, are accorded great respectif not finalityon appeal.
A young girl would not concoct a sordid tale of a crime as serious as rape at the hands of her very own father, allow
the examination of her private part, and subject herself to the stigma and embarrassment of a public trial, if her
motive was other than a fervent desire to seek justice.
It is a well-entrenched principle that testimonies of child victims are given full weight and credit, for when a woman
or a girl-child says that she has been raped, she says in effect all that is necessary to show that rape was indeed
committed. Youth and immaturity are generally badges of truth and sincerity.
Failure to sufficiently establish the victims age and that relationship between the offender and the victim was within
the third civil degree with factual certainty and beyond reasonable doubt is fatal and consequently bars conviction
for rape in its qualified form.
For one to be convicted of qualified rape, at least one of the aggravating/qualifying circumstances mentioned in
Article 266-B of the RPC, as amended, must be alleged in the information and duly proved during the trial.
Article 267. Kidnapping and serious illegal detention
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The following are the elements of kidnapping under Art. 267, par. 4 of the Revised Penal Code: (1) the offender is a
private individual; (2) he kidnaps or detains another, or in any other manner deprives the latter of his or her liberty;
(3) the act of detention or kidnapping is illegal; and (4) the person kidnapped or detained is a minor, female or a
public officer.
In a prosecution for kidnapping, the intent of the accused to deprive the victim of the latters liberty in any manner,
needs to be established by indubitable proof.
Article 308. Who are liable for theft
Theft is committed by any person who, with intent to gain, but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the latters consent.
An accused cannot be convicted of a crime, even if duly proven, unless it is alleged or necessarily included in the
information filed against him. He cannot be convicted of a higher offense than that with which he was charged in
the complaint or information and on which he was tried.
Article 310. Qualified theft
Elements of qualified theft: 1) taking of personal property; 2) that said property belongs to another; 3) that the said
taking was done with intent to gain; 4) that it was done without the owners consent; 5) that it was accomplished
without the use of violence or intimidation against persons, or of force upon things; and 6) that it was done with
grave abuse of confidence.
Resort to circumstantial evidence is inevitable when there are no eyewitnesses to a crime.
Theft becomes qualified if it is among others, committed with grave abuse of confidence.
Article 293. Who are guilty of robbery
A conviction requires certitude that the robbery is the main purpose, and the objective of the malefactor and the
killing is merely incidental to the robbery. The intent to rob must precede the taking of human life but the killing
may occur before, during or after the robbery.
A conviction requires that the robbery is the main purpose and the killing is merely incidental to the robbery. The
intent to rob must precede the taking of human life, but the killing may occur before, during or after the robbery.
Article 315. Swindling (estafa)
As long as juridical possession has not been transferred, there is no Estafa.
Estafa may be committed when: (1) the offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance; (2) at the time of postdating or issuance of said check, the
offender has no funds in the bank, or the funds deposited are not sufficient to cover the amount of the check; (3) the
payee has been defrauded.
Thus, the elements of Syndicated Estafa are: (a) Estafa or other forms of swindling, as defined in Articles 315 and
316 of the RPC, is committed; (b) the Estafa or swindling is committed by a syndicate of five (5) or more persons;
and (c) defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural
banks, cooperative, samahang nayon(s), or farmers associations, or of funds solicited by
corporations/associations from the general public.
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The crime of simple estafa is ordinarily committed in the manner defined under the Revised Penal Code; but if the
accused resorts to falsification merely to facilitate and insure the commission of estafa, then he is guilty of the
complex crime of estafa through falsification.
The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit,
and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
One cannot be held liable for other forms of swindling under Art. 316, par. 1 of the Revised Penal Code absent a
finding that he/she employed fraud or deceit in the form of false pretenses with regard to his/her ownership of the
real property sold.
Article 336. Acts of lasciviousness
Both denial and alibi are inherently weak defenses and constitute self-serving negative evidence which cannot be
accorded greater evidentiary weight than the positive declaration by a credible witness.
Article 353. Definition of libel
For an imputation to be libelous under Article 353 of the Revised Penal Code, the following requisites must be
present: (a) it must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must
be identifiable.
Article 365. Imprudence and negligence
In order to establish a motorists liability for the negligent operation of a vehicle, it must be shown that there was a
direct causal connection between such negligence and the injuries or damages complained of.
SPECIAL PENAL LAWS
Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165)
A buy-bust operation, albeit made without the participation of PDEA, does not violate appellant's constitutional
right to be protected from illegal arrest.
The integrity of the evidence presented the corpus delicti no less became suspicious by the mysterious silence of
the record on what transpired after the transaction.
The essential elements of illegal possession of dangerous drugs are (1) the accused is in possession of an item or
object that is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused
freely and consciously possess the said drug.
The following requisites are necessary in order to successfully prosecute an offense of illegal sale of dangerous drugs:
(1) the identity of the buyer and the seller, the object and consideration of the sale; and (2) the delivery of the thing
sold and the payment therefor.
The elements of Illegal sale of drugs are: "(1) the identity of the buyer and the seller, the object and consideration;
and, (2) the delivery of the thing sold and the payment therefor." This offense merely requires the consummation of
the selling transaction, which occurs the moment the buyer exchanges his money for the drugs of the seller.
In a successful prosecution for illegal sale of shabu, the following elements must concur: "(1) the identity of the buyer
and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor.
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What is material in a prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually
took place, coupled with the presentation in court of the corpus delicti."
A surveillance, pre-operation report, and buy-bust money are not elements of, and are not vital to the prosecution
for illegal sale of shabu. What is material to the prosecution of illegal sale of dangerous drugs is the proof that the
illegal sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. Possession
of dangerous drugs constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an
accused in the absence of a satisfactory explanation of such possession.
To establish the guilt of an accused for the illegal delivery of a dangerous drug, there must be evidence that "(1) the
accused passed on possession of a dangerous drug to another, personally or otherwise, and by any means; (2) such
delivery" is not authorized by law; and (3) the accused knowingly made the delivery with or without consideration.
The most important factor is the preservation of the integrity and the evidentiary value of the seized items as they
will be used to determine the guilt or innocence of the accused.
Non-compliance with Section 21 of the IRR does not make the items seized inadmissible. What is imperative is the
preservation of the integrity and the evidential value of the seized items as the same would be utilized in the
determination of the guilt or innocence of the accused.
The dangerous drug itself constitutes the corpus delicti of the offense and the fact of its existence is vital to a
judgment of conviction.
Conviction is proper in prosecutions involving illegal sale of dangerous drugs if the following are present: (1) the
identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the
payment thereto.
Sec. 5, Article II of Republic Act No. 9165 punishes not only the sale but also the mere act of delivery of prohibited
drugs after the offer to buy by the entrapping officer has been accepted by the seller.
In every prosecution for illegal sale of dangerous drugs, what is material is the proof that the transaction or sale
transpired, coupled with the presentation in court of the corpus delicti.
Mere possession of a regulated drug per se constitutes prima facie evidence of knowledge or animus possidendi
sufficient to convict an accused absent a satisfactory explanation of such possession.
A successful prosecution for the sale of illegal drugs requires more than the perfunctory presentation of evidence
establishing each element of the crime.
In a successful prosecution for offenses involving the illegal sale of dangerous drugs under Section 5, Article II of
[R.A. No.] 9165, the following elements must concur: (1) the identities of the buyer and [the] seller, object, and
consideration; and (2) the delivery of the thing sold and the payment for it. What is material is proof that the
transaction or sale actually took place, coupled with the presentation in court of evidence of corpus delicti.
Anti-Violence Against Women and their Children Act of 2004 (RA No. 9262)
It bears stressing that Section 23(d) of A.M. No. 04-10-11-SC20 explicitly prohibits compromise on any act
constituting the crime of violence against women.
Bouncing Checks Law (BP No. 22)
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The court of the place where the check was deposited or presented for encashment can be vested with jurisdiction
to try cases involving violations of BP 22.
Anti-Carnapping Act of 1972 (RA No. 6539)
The elements of Carnapping are: (1) the taking of a motor vehicle which belongs to another; (2) the taking is without
the consent of the owner or by means of violence against or intimidation of persons or by using force upon things;
and (3) the taking is done with intent to gain.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA No. 7610)
A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual
intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or
influence of any adult, syndicate or group. The law covers not only a situation in which a child, through coercion or
intimidation, engages in any lascivious conduct.
Illegal Possession of Firearms
The unvarying rule is that ownership is not an essential element of illegal possession of firearms and ammunition.
What the law requires is merely possession, which includes not only actual physical possession, but also constructive
possession or the subjection of the thing to ones control and management.
Probation Law (PD No. 968)
Appeal and probation are mutually exclusive remedies.
Anti-Hazing Law (RA No. 8049)
So long as the commission of the crime can be duly proven, the trial of those charged as accomplices to determine
their criminal liability can proceed independently of that of the alleged principal.
Secrecy and silence are common characterizations of the dynamics of hazing. To require the prosecutor to indicate
every step of the planned initiation rite in the information at the inception of the criminal case, when details of the
clandestine hazing are almost nil, would be an arduous task, if not downright impossible.
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REMEDIAL LAW
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REMEDIAL LAW
GENERAL PRINCIPLES
NATURE OR PHILIPPINE COURTS
Doctrine of Non-interference or Doctrine of Judicial Stability
The time-honored principle is that no court has the power to interfere by injunction with the judgments or decrees
of a court of concurrent or coordinate jurisdiction. The various trial courts of a province or city, having the same or
equal authority, should not, cannot, and are not permitted to interfere with their respective cases, much less with
their orders or judgments.
JURISDICTION
Jurisdiction is not the same as the exercise of jurisdiction. As distinguished from the exercise of jurisdiction,
jurisdiction is the authority to decide a case, and not the decision rendered therein. Where there is jurisdiction over
the person and the subject matter, the decision on all other questions arising in the case is but an exercise of such
jurisdiction. And the errors which the court may commit in the exercise of jurisdiction are merely errors of judgment
which are the proper subject of an appeal.
Over the parties
In petitions for certiorari filed before the CA, the latter acquires jurisdiction over the person of the respondent upon:
a) the service of the order or resolution indicating the CAs initial action on the petition to the respondent; or b) the
voluntary submission of the respondent to the CAs jurisdiction under Section 4, Rule 46 of the Rules of Court.
Over the Subject Matter
When the cause of action has no reasonable connection with any of the claims provided for in Article 224 of the
Labor Code, jurisdiction over the action is with the regular courts. Here, since Josephine's cause of action is based
on a quasi-delict or tort under Article 19 in relation to Article 21 of the Civil Code, the civil courts (not the labor
tribunals) have jurisdiction over the subject matter of this case.
How Jurisdiction is Conferred and Determined
Well-settled is the rule that the jurisdiction of the Court, as well as the nature of the action, are determined by the
allegations in the complaint.
Jurisdiction over the subject matter of a case is conferred by law and determined by the allegations in the complaint.
Jurisdiction is determined by the material allegations of the complaint and the law. A court does not lose its
jurisdiction when a party simply raises as a defense the alleged existence of a tenancy relationship between the
parties.
Jurisdiction of the Courts
Regional Trial Courts
Section 19(2) of BP 129 provides that the Regional Trial Courts shall exercise exclusive original jurisdiction in all
civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed
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value of the property involved exceeds P20,000.00 or for civil actions in Metro Manila, where such tvalue exceeds
P50,000.00 except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction
over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;
On the other hand, Section 33 (3) of BP 120 provides that Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction in all civil actions which involve title to,
or possession of, real property, or any interest therein where the assessed value of the property or interest therein
does not exceed P20,000.00 or, in civil actions in Metro Manila, where such assessed value does not exceed
P50,000.00 exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided,
That value of property shall be determined by the assessed value of the adjacent lots. (as amended by R.A. No. 7691)
CIVIL PROCEDURE
CAUSE OF ACTION
Failure to state a cause of action and lack of cause of action are distinct grounds to dismiss a particular action. The
former refers to the insufficiency of the allegations in the pleading, while the latter to the insufficiency of the factual
basis for the action.
The prescriptive period continues even after the withdrawal of the case as though no action has been filed at all.
Joinder and Mis-joinder of Causes of Action
To allow the pendency of the reivindicatory action and the cancellation of certificate of title case in two (2) different
courts would not subserve the orderly administration of justice as the subject cases involve a common question of
fact, i.e. the issue of validity of the petitioners' certificate of title. In this situation, consolidation is the proper
procedure to prevent confusion, avoid multiplicity of suits, and save the parties, as well as the courts, time and from
incurring unnecessary cost and expense.
PLEADINGS
Counterclaims
A counterclaim is any claim which a defending party may have against an opposing party. The one who filed a
counterclaim then becomes the plaintiff, while one who filed the complaint becomes the defendant in the
counterclaim. Thus, it would create different causes of action which are independent from one another.
Allegations in a Pleading
Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official documents
or acts
In all averments of fraud or mistake, circumstances constituting fraud or mistake must be stated with particularity.
Default
Courts should be liberal in setting aside orders of default, for default judgments are frowned upon, and unless it
clearly appears that the reopening of the case is intended for delay, it is best that trial courts give both parties every
chance to fight their case fairly and in the open, without resort to technicality.
Amendment
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The Court, in Limbauan v. Acosta, held that: It is well-settled that amendment of pleadings is favored and should
be liberally allowed in the furtherance of justice in order to determine every case as far as possible on its merits
without regard to technicalities. This principle is generally recognized in order that the real controversies between
the parties are presented, their rights determined and the case decided on the merits without unnecessary delay to
prevent circuity of action and needless expense.
In any case, a substantial alteration in the cause of action or defense is not a bar to amend the original complaint
so long as the amendment is not meant for delay. It is also quite absurd that the party who filed the main case would
himself resort to dilatory tactics to prolong the disposition of his case. It is undoubtedly to Aguinaldo's interest that
this case be decided with dispatch, more so that they have already been evicted from the property.
Our rules of procedure allow a party in a civil action to amend his pleading as a matter of right, so long as the
pleading is amended only once and before a responsive pleading is served (or, if the pleading sought to be amended
is a reply, within ten days after it is served).
MOTIONS
Motion to Dismiss
Grounds
Res Judicata is defined as a matter adjudged; a thing judicially acted upon or decided; or a thing or matter settled
by judgment. Under this rule, a final judgment or decree on the merits by a court of competent jurisdiction is
conclusive as to the rights of the parties or their privies in all later suits and all points and matters determined in
the former suit
Res judicata means "a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by
judgment." It lays the rule that an existing final judgment or decree rendered on the merits, without fraud or
collusion, by a court of competent jurisdiction, upon any matter within its jurisdiction, is conclusive of the rights of
the parties or their privies, in all other actions or suits in the same or any other judicial tribunal of concurrent
jurisdiction on the points and matters in issue in the first suit.
DISMISSAL OF ACTIONS
Dismissal due to the fault of plaintiff
Thus, the present rule embodied in Sections 2 and 3 of Rule 17 ordains a more equitable disposition of the
counterclaims by ensuring that any judgment thereon is based on the merit of the counterclaim itself and not on the
survival of the main complaint. Certainly, if the counterclaim is palpably without merit or suffers jurisdictional flaws
which stand independent of the complaint, the trial court is not precluded from dismissing it under the amended
rules, provided that the judgment or order dismissing the counterclaim is premised on those defects. At the same
time, if the counterclaim is justified, the amended rules now unequivocally protect such counterclaim from
peremptory dismissal by reason of the dismissal of the complaint.
PRE-TRIAL
Appearance of parties; effect of failure to appear
The failure of a party to appear at the pre-trial has adverse consequence.
Alternative Dispute Resolution
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Under Section 19, of Executive Order No. 1008 as amended states that the arbitral award shall be binding upon the
parties. It shall be final and unappealable except on questions of law which shall be appealable to the Supreme
Court. Thus CIAC, possess the required expertise in the field of construction arbitration and the factual findings of
its construction arbitrators are final and conclusive and not reviewable by the CA.
The Performance Bond is significantly and substantially connected to the construction contract that there can be
no doubt it is the CIAC, under Section 4 of EO No. 1008, which has jurisdiction over any dispute arising from or
connected with it.
An arbitration clause in a document of contract may extend to subsequent documents of contract executed for the
same purpose. Nominees of a party to and beneficiaries of a contract containing an arbitration clause may become
parties to a proceeding initiated based on that arbitration clause.
JUDGMENT AND FINAL ORDERS
When a final judgment is executory, it becomes immutable and unalterable. It may no longer be modified in any
respect either by the court which rendered it or even by this Court. The doctrine is founded on considerations of
public policy and sound practice that, at the risk of occasional errors, judgments must become final at some definite
point in time. However, admits of exceptions, to wit: SC has relaxed this rule in order to serve substantial justice
considering (a) matters of life, liberty, honor or property, (b) the existence of special or compelling circumstances,
(c) the merits of the case, (d) a cause not entirely attributable to the fault or negligence of the party favored by the
suspension of the rules, (e) a lack of any showing that the review sought is merely frivolous and dilatory, and (f) the
other party will not be unjustly prejudiced thereby.
And equally settled is the rule that when a judgment is final and executory, it becomes immutable and unalterable.
It may no longer be modified in any respect, except to correct clerical errors or to make nunc pro tunc entries, or
when it is a void judgment. Outside of these exceptions, the court which rendered judgment only has the ministerial
duty to issue a writ of execution. A decision that has attained finality becomes the law of the case regardless of any
claim that it is erroneous. Any amendment or alteration which substantially affects a final and executory judgment
is null and void for lack of jurisdiction, including the entire proceedings held for that purpose. Thus, an order of
execution which varies the tenor of the judgment or exceeds the terms thereof is a nullity.
Judgment on the Pleadings
A judgment on the pleadings is a judgment on the facts as pleaded, and is based exclusively upon the allegations
appearing in the pleadings of the parties and the accompanying annexes.
POST-JUDGMENT REMEDIES
Motion for New Trial or Reconsideration
Remedy when motion is denied, Fresh 15-day Period Rule
The "fresh period rule" in Neypes applies only to judicial appeals and not to administrative appeals. Administrative
appeals are governed by Section 1 of Administrative Order No. 87, Series of 1990 which provides that if the motion
for reconsideration is denied, the movant shall perfect his appeal during the remainder of the period of appeal,
reckoned from receipt of the resolution of denial; whereas if the decision is reversed, the adverse party has a fresh
15-day period to perfect his appeal.
Under Rule 64 of the Rules of Court, the reglementary period to file a petition for certiorari is 30 days from notice of
the judgment or final order or resolution sought to be reviewed. Upon filing of a motion for new trial or
reconsideration and should the same be denied, the aggrieved party may file the petition within the remaining
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period, which shall not be less than five days in any event, reckoned from the notice of denial. Hence, the Fresh Period
Rule under Neypes v. CA does not apply.
Appeal
Although the authority of the CA to dismiss an appeal for failure to file the appellants brief is a matter of judicial
discretion, a dismissal based on this ground is neither mandatory nor ministerial; the fundamentals of justice and
fairness must be observed, bearing in mind the background and web of circumstances of the case.
The purpose of a criminal action, in its purest sense, is to determine the penal liability of the accused for having
outraged the state with his crime and, if he be found guilty, to punish him for it. In this sense, the parties to the action
are the People of the Philippines and the accused. The offended party is regarded merely as a witness for the state.
Consequently, the sole authority to institute proceedings before the CA or the SC is vested only on the OSG.
Judgments and Final Orders Subject to Appeal
A litigant, before filing a pleading to the courts, must first prepare all the necessary attachments to his/her pleading.
As it stands, suitors do not have the luxury of filing a pleading without the necessary attachments; otherwise, the
court shall consider the same as a mere scrap of paper and may dismiss the same outright.
Issues to be raised on Appeal
Under Section 8 Rule 51 of the Rules of Court states that as a general rule, the CA cannot consider errors on appeal
unless stated in the assignment of errors in the appellants brief. As an exception, however, even if a question is not
raised in the assignment of errors, the same may still be adjudicated by the appellate court if the unraised issue or
question is closely related or dependent to an assigned error
Well-settled is the rule that issues not raised below cannot be raised for the first time on appeal as to do so would
be offensive to the basic rules of fair play and justice.
Although the Court has declared many exceptions to the said rule, and the CA painstakingly enumerated some of
these exceptions, the CA omitted to discuss to which exception this alleged error belongs, and exactly how this error
falls under such exception.
Modes of Appeal
Petition for Review on Certiorari
The remedies of appeal and certiorari were mutually exclusive, for the special civil action for certiorari, being an
extraordinary remedy, is available only if there is no appeal, or other plain, speedy and adequate remedy in the
ordinary course of law.
The settled rule is that only questions of law may be raised in a petition under Rule 45 of the Rules of Court. It is not
this Court's function to analyze or weigh all over again the evidence already considered in the proceedings below.
The petition for review by the accused thereby violates the limitation of the issues to only legal questions, and, the
Court, not being a trier of facts, will not disturb the factual findings of the CA, unless they were mistaken, absurd,
speculative, conflicting, tainted with grave abuse of discretion, or contrary to the findings reached by the court of
origin.
In giving due course to the petition for review and considering it to have been timely filed, the Court ruled that it
was the height of injustice for the CA to dismiss a petition just because the motion for extension reached the
ponente's office beyond the last date prayed for. It found that the delay cannot be attributed to petitioners, who
47
were unreasonably deprived of their right to be heard on the merits and were fatally prejudiced by the delay in the
transmittal of records attributable to the court's inept or irresponsible personnel.
If the Order or Resolution issued by the CA is in the nature of a final order, the remedy of the aggrieved party would
be to file a petition for review on certiorari under Rule 45 of the Rules of Court. Otherwise, the appropriate remedy
would be to file a petition for certiorari under Rule 65.
A petition for review on certiorari under Rule 45, unlike a petition for certiorari under Rule 65, does not require that
the court a quo be impleaded. This distinction proceeds from the nature of these proceedings: a Rule 45 petition
involves an appeal from the ruling a quo; a Rule 65 petition is an original special civil action that must implead the
lower tribunal alleged to have acted in excess of its jurisdiction.
EXECUTION, SATISFACTION AND EFFECTS OF JUDGMENTS
The general rule is that a judgment which has become final and executory has become immutable, and hence could
no longer be changed, revised, amended, or reversed. The exceptions are when there is (1) correction of clerical
errors; (2) making of nunc pro tunc entries which causes no prejudice to any party; (3) an attack against a void
judgment; and (4) supervening events that render execution unjust and inequitable.
As the Court has said in Aris (Phil.) Inc. v. National Labor Relations Commission: In authorizing execution pending
appeal of the reinstatement aspect of a decision of a Labor Arbiter reinstating a dismissed or separated employee,
the law itself has laid down a compassionate policy which, once more, vivifies and enhances the provisions of the
1987 Constitution on labor and the working-man.
Any action on a motion for execution pending appeal is only provisional in nature. The grant or denial (as the case
may be) of such a motion is always without prejudice to the court's final disposition of the case and the issues raised
therein.
Before the Asset Privatization Trust can take title to and possession of assets, a deed of assignment must be executed,
evidencing the transfer of assets in favor of national government. To rule that all assets under the management of
petitioner are automatically converted to government property is dangerous because it may affect the rights of
creditors. As held by this court, a private corporation remains to be private unless there is a final determination by
the courts that it was acquired through the use of ill-gotten wealth.
Enforcement and Effect of Foreign Judgment and Final Orders
It is an established international legal principle that final judgments of foreign courts of competent jurisdiction are
reciprocally respected and rendered efficacious subject to certain conditions that vary in different countries. In the
Philippines, a judgment or final order of a foreign tribunal cannot be enforced simply by execution. Such judgment
or order merely creates a right of action, and its non-satisfaction is the cause of action by which a suit can be brought
upon for its enforcement.
PROVISIONAL REMEDIES
Preliminary Attachment
Once the writ of attachment has been issued, the only remedy in lifting the same is through a cash deposit or the
filing of the counter-bond.
Preliminary Injunction
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Where a party has actual notice, no matter how acquired, of an injunction clearly informing him from what he must
abstain, he is "legally bound from that time to desist from what he is restrained and inhibited from doing.
The preliminary injunction should not determine the merits of the case, or decide controverted facts, but should still
look to a future final hearing.
SPECIAL CIVIL ACTIONS
Declaratory Relief
Declaratory relief is defined as an action by any person interested in a deed, will, contract or other written
instrument, executive order or resolution, to determine any question of construction or validity arising from the
instrument, executive order or regulation, or statute; and for a declaration of his rights and duties thereunder.
Certiorari, Prohibition and Mandamus
It is well settled that a petition for certiorari against a court which has jurisdiction over a case will prosper only if
grave abuse of discretion is manifested. The burden is on the part of the petitioner to prove not merely reversible
error, but grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the public respondent
issuing the impugned order. Mere abuse of discretion is not enough; it must be grave. The term grave abuse of
discretion is defined as a capricious and whimsical exercise of judgment as patent and gross as to amount to an
evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, as where the power is exercised in
an arbitrary and despotic manner because of passion or hostility. Certiorari will issue only to correct errors of
jurisdiction, and not errors or mistakes in the findings and conclusions of the trial court.
Mere error of judgment on the part of the RTC, if any, is insufficient ground to reverse the CA's dismissal of the
petitioner's certiorari petition. As heretofore clarified, a special civil action for certiorari is for the correction of
errors of jurisdiction (where the act complained of was issued by the court without or in excess of jurisdiction, or
with grave abuse of discretion), and not errors of judgment; in the latter case, the court may have been legally in
error in its conclusion, but was still acting in the exercise of its jurisdiction.
The proper remedy to obtain a reversal of judgment on the merits, final order or resolution is appeal.
The existence and availability of the right of appeal proscribes a resort to certiorari, because one of the requisites
for availment of the latter is precisely that there should be no appeal.
If the mode of appeal is that of a petition for review on certiorari under Rule 65, its reglementary period must be
the one followed.
The general rule is that a petition for certiorari must be filed strictly within 60 days from notice of judgment or from
the order denying a motion for reconsideration. This is in accordance with the amendment introduced by A.M. No.
07-7-12-SC. Under exceptional cases, however, the 60-day period may be extended subject to the courts sound
discretion.
In the case before us, the CA clearly ignored certain compelling facts and misread the evidence on record by relying
on the LAs erroneous appreciation of facts. The NLRC acted well within its jurisdiction in finding that Lumahan had
not been dismissed. Otherwise stated, by reversing the ruling that there was no dismissal to speak of, the CA
committed a reversible error in finding grave abuse of discretion on the part of the NLRC.
Expropriation
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Only the Clerk of Court is authorized to collect filing fees for the conduct of extrajudicial foreclosure of real estate
or chattel mortgage under the direction of the sheriff. The sheriff is devoid of any authority to bill and collect
payment for such fees.
Forcible Entry and Unlawful Detainer
In actions for forcible entry, it must be alleged that the complainant was deprived of the possession of any land or
building by force, intimidation, threat, strategy, or stealth.
Contempt
Kinds of Contempt
A person who is guilty of disobedience or of resistance to a lawful order of a court or who commits any improper
conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice may be punished
for indirect contempt.
A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a firm name that contains
a disbarred lawyer's name commits indirect contempt of court.
SPECIAL PROCEEDINGS
Settlement Of Estate Of Deceased Persons, Venue And Process
Powers and Duties of Probate Court
Jurisdiction of RTC as a probate court relates only to matters on settlement of estate and probate of will of a
deceased person and does not extend to the determination of a question of ownership that arises during the
proceedings. This is true whether or not the property is alleged to belong to the estate unless the claimants to the
property are all heirs of the deceased and they agreed to submit the question for determination by the probate or
administration court and the interests of third parties are not prejudiced or unless the purpose is to determine
whether or not certain properties should be included in the inventory in which case the probate or administration
court may decide prima facie the ownership of the property, but such determination is not final and is without
prejudice to the right of interested parties to ventilate the question of ownership in a proper action.
Writ of Habeas Corpus
Habeas corpus is the proper remedy for a person deprived of liberty due to mistaken identity. In such cases, the
person is not under any lawful process and is continuously being illegally detained.
Writ of Amparo
The privilege of the writ of amparo is an extraordinary remedy adopted to address the special concerns of extra-
legal killings and enforced disappearances.
The court has the discretion to determine whether or not it has authority to grant the relief in the first place. And
when it is already apparent that the petition falls beyond the purview of the rule, it has the duty to dismiss the
petition so as not to prejudice any of the parties through prolonged but futile litigation.
CRIMINAL PROCEDURE
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PROSECUTION OF OFFENSES
Sufficiency of Complaint or Information
It is fundamental that every element of which the offense is comprised must be alleged in the Information.
The following factors to determine the presence of an intent to kill: (1) the means used by the malefactors; (2) the
nature, location, and number of wounds sustained by the victim; (3) the conduct of the malefactors before, at the
time, or immediately after the killing of the victim; and (4) the circumstances under which the crime was committed
and the motives of the accused. This Court also considers motive and the words uttered by the offender at the time
he inflicted injuries on the victim as additional determinative factors.
Control of Prosecution
Generally, the prosecutor should have been the one who filed the motion to revive because it is the prosecutor who
controls the trial. But in this particular case, the defect, if there was any, was cured when the public prosecutor later
actively participated in the denial of the accused's motion for reconsideration when she filed her
Comment/Objection thereto.
PRELIMINARY INVESTIGATION
Probable Cause
Probable cause is defined as such facts as are sufficient to engender a well-founded belief that a crime has been
committed, and that respondent is probably guilty. The determination of the existence of probable cause lies within
the discretion of the prosecuting officers after a preliminary investigation.
Who May Conduct Determination Of Existence Of Probable Cause
In this regard, it is worthy to note that the conduct of preliminary investigation proceedings - whether by the
Ombudsman or by a public prosecutor - is geared only to determine whether or not probable cause exists to hold an
accused-respondent for trial for the supposed crime that he committed.
ARREST
Warrant of Arrest
The issuance by the trial court of the warrant of arrest upon filing of the information and supporting papers implies
the determination of probable cause for the offense charged.
BAIL
Nature
The decision whether to detain or release an accused before and during trial is ultimately an incident of the judicial
power to hear and determine his criminal case. The strength of the Prosecution's case, albeit a good measure of the
accused's propensity for flight or for causing harm to the public, is subsidiary to the primary objective of bail, which
is to ensure that the accused appears at trial.
When A Matter Of Discretion
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The right to bail flows from the right to be presumed innocent. It is accorded to a person in the custody of the law
who may be allowed provisional liberty upon filing of a security to guarantee his appearance before any court, as
required under specified conditions. Before conviction, bail is either a matter of right or of discretion. It is a matter
of right when the offense charged is punishable by any penalty lower than reclusion perpetua. If the offense charged
is punishable by reclusion perpetua, bail becomes a matter of discretion. Bail is denied if the evidence of guilt is
strong. The court's discretion is limited to determining whether or not evidence of guilt is strong.
RIGHTS OF THE ACCUSED
The concept of speedy trial is available not only to the accused but also the State.
MOTION TO QUASH
Double Jeopardy
The requisites that must be present for double jeopardy to attach are: (a) a valid complaint or information; (b) a
court of competent jurisdiction; (c) the accused has pleaded to the charge; and (d) the accused has been convicted
or acquitted or the case dismissed or terminated without the express consent of the accused. Definitely, there is no
double jeopardy in this case as the dismissal was with the accused-appellee's consent, that is, by moving for the
dismissal of the case through a demurrer to evidence.
Petitioner is not in danger of being twice put in jeopardy with the reopening of the case against her as it is clear
that the case was only provisionally dismissed by the trial court. The requirement that the dismissal of the case must
be without the consent of the accused is not present in this case.
For legal jeopardy to attach, the accused must have entered a valid plea and there was no unconditional dismissal
of the complaint.
TRIAL
Demurer to Evidence
The demurrer to evidence in criminal cases is filed after the prosecution had rested its case and when the same is
granted, it calls for an appreciation of the evidence adduced by the prosecution and its sufficiency to warrant
conviction beyond reasonable doubt, resulting in a dismissal of the case on the merits, tantamount to an acquittal
of the accused. Such dismissal of a criminal case by the grant of demurrer to evidence may not be appealed, for to
do so would be to place the accused in double jeopardy. The verdict being one of acquittal, the case ends there.
JUDGMENT
Promulgation of Judgment
When the accused fail to present themselves at the promulgation of the judgment of conviction, they lose the
remedies of filing a motion for a new trial or reconsideration (Rule 121) and an appeal from the judgment of
conviction (Rule 122)
Dismissal Without Prejudice
When an order dismissing a case without prejudice has attained finality, the case may no longer be revived by mere
motion as it is no longer within the court's power to modify or amend; instead, new Information shall be filed for
purposes of reviving a criminal case. Additionally, a new preliminary is required only in the following instances: (a)
where the original witnesses of the prosecution or some of them may have recanted their testimonies or may have
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died or may no longer be available and new witnesses for the State have emerged; (b) where aside from the original
accused, other persons are charged under a new criminal complaint for the same offense or necessarily included
therein; (c) if under a new criminal complaint, the original charge has been upgraded; or (d) if under a new criminal
complaint, the criminal liability of the accused is upgraded from being an accessory to that of a principal.
NEW TRIAL OR RECONSIDERATION
Grounds for new trial
When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand
and the newly-discovered and such other evidence as the court may, in the interest of justice, allow to be introduced
shall be taken and considered together with the evidence already in the record.
Section 8, Rule 124 of the Rules of Court pertinently provides: SEC. 8. Dismissal of appeal for abandonment or failure
to prosecute. - The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the
appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this
Rule, except where the appellant is represented by a counsel de officio.
SEARCH AND SEIZURE
Exceptions to search warrant requirement
Stop and Frisk situation
Police officers must not rely on a single suspicious circumstance. There should be "presence of more than one
seemingly innocent activity, which, taken together, warranted a reasonable inference of criminal activity." The
Constitution prohibits "unreasonable searches and seizures." Certainly, reliance on only one suspicious circumstance
or none at all will not result in a reasonable search.
EVIDENCE
General Principles
Admissibility of Evidence
Direct and Circumstantial
To sustain a conviction based on circumstantial evidence, it is essential that the circumstantial evidence presented
must constitute an unbroken chain which leads one to a fair and reasonable conclusion pointing to the accused, to
the exclusion of the others, as the guilty person. The circumstantial evidence must exclude the possibility that some
other person has committed the crime.
Circumstantial evidence is sufficient for conviction if (1) there is more than one circumstance; (2) the facts from
which the inferences are derived are proven; (3) and the combination of all the circumstances is such as to produce
a conviction beyond reasonable doubt. A judgment of conviction based on circumstantial evidence can be sustained
when the circumstances proved form an unbroken chain that results in a fair and reasonable conclusion pointing to
the accused, to the exclusion of all others, as the perpetrator.
QUANTUM OF EVIDENCE
Proof Beyond Reasonable Doubt
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For the defense of alibi to prosper, appellant must establish that (a) he was in another place at the time of the
commission of the offense; and (b) he was so far away that he could not have been physically present at the place of
the crime, or its immediate vicinity, at the time of its commission.
When the credibility of a witness is in issue, the findings of fact of the trial court, its calibration of the testimonies
of the witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on the
findings are accorded high respect, if not conclusive effect. This is truer if such findings were affirmed by the CA,
since it is settled that when the trial courts findings have been affirmed by the appellate court, these findings are
generally binding upon this Court. We see no reason to depart from this rule.
Preponderance of Evidence
The concept of "preponderance of evidence" refers to evidence which is of greater weight or more convincing, than
that which is offered in opposition to it; at bottom, it means probability of truth.
The CA gave more weight to the Joint Affidavit of Mendoza and Vallegaand discussed the reasons why the
statements by Mendoza and Gonzales witnesses were not credible: First, the statements of Sabado and Pagibitan
were taken during the ex parte investigation where Valte had no opportunity to present contrary evidence.Second,
Sabado and Pagibitan's statements that Mendoza and Gonzales occupied the property as early as 1929 or 1930
appeared doubtful and unreliable.Third, even if such evidence were taken at face value, these would not sufficiently
establish their possession since 1929 or 1930 and the nature of this possession.
It is settled that the burden of proof lies with the party who asserts a right and the quantum of evidence required by
law in civil cases is preponderance of evidence. "Preponderance of evidence" is the weight, credit, and value of the
aggregate evidence on either side and is usually considered to be synonymous with the term "greater weight of
evidence" or "greater weight of credible evidence."
OBJECT (REAL) EVIDENCE
Chain of Custody, in Relation to Sec. 21 of R.A. 9165
The marking upon seizure serves a two-fold function, the first being to give to succeeding handlers of the specimens
a reference, and the second being to separate the marked evidence from the corpus of all other similar or related
evidence from the time of seizure from the accused until their disposition at the end of criminal proceedings, thereby
obviating switching, "planting," or contamination of evidence.
In the chain of custody of seized drugs, marking upon immediate confiscation contemplates even marking at the
nearest police station or office of the apprehending team.
An accused may still be found guilty, despite the failure to faithfully observe the requirements provided under
Section 21 of R.A. 9165, for as long as the chain of custody remains unbroken.
It is settled that an accused may still be found guilty, despite the failure to faithfully observe the requirements
provided under Section 21 of R.A. 9165, for as long as the chain of custody remains unbroken.
The prosecutions evidence must establish that the illegal drug presented in court is the same illegal drug actually
recovered from appellant.
While the chain of custody should ideally be perfect, in reality it is not, as it is almost always impossible to obtain
an unbroken chain. The most important factor is the preservation of the integrity and the evidentiary value of the
seized items as they will be used to determine the guilt or innocence of the accused.
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While the chain of custody should ideally be perfect and unbroken, it is not in reality "as it is almost always
impossible to obtain an unbroken chain." Thus, non-compliance with Section 21 does not automatically render
illegal the arrest of an accused or inadmissible the items seized/confiscated.
Non-compliance with the procedure outlined in Section 21, Article II of R.A. No. 9165 shall not render void and
invalid such seizure as long as the arresting officers successfully preserved the integrity and evidentiary value of the
confiscated items.
The chain of custody rule is a method of authenticating evidence which requires that the admission of an exhibit
be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it
to be.
The presentation as evidence in court of the dangerous drugs subject of the illegal sale is material in every
prosecution for the illegal sale of dangerous drugs. This materiality derives from the dangerous drugs being
themselves the corpus delicti. Without proof of the corpus delicti, there is uncertainty about whether the crime really
transpired or not.
As a method of authenticating evidence, the chain of custody rule requires that the admission of an exhibit be
preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to
be.
The presentation as evidence in court of the dangerous drugs subject of the illegal sale is material in every
prosecution for the illegal sale of dangerous drugs. This materiality derives from the dangerous drugs being
themselves the corpus delicti. Without proof of the corpus delicti, there is uncertainty about whether the crime really
transpired or not.
In the prosecution of a case for illegal sale of dangerous drugs, the primary consideration is to ensure that the
identity and integrity of the seized drugs have been preserved from the time they were confiscated from the accused
until their presentation as evidence in court.
In every prosecution for illegal sale of shabu, the following elements must be sufficiently proved: (1) the identity of
the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment
therefor.
Section 21 of the Implementing Rules and Regulations (IRR) of RA 9165 as well as jurisprudence, provides that non-
compliance with the requirements of this rule will not automatically render the seizure and custody of the items
void and invalid, so long as: (a) there is a justifiable ground for such noncompliance; and (b) the evidentiary value
of the seized items are properly preserved.
It is settled that the failure to strictly follow the directives of Section 21, Article II of RA Republic Act No. 9165 is not
fatal and will not necessarily render the items confiscated inadmissible.
The chain of custody is not established solely by compliance with the prescribed physical inventory and
photographing of the seized drugs in the presence of the enumerated persons. The IRR of R.A. No. 9165 on the
handling and disposition of seized dangerous drugs states: Provided, further, that non-compliance with these
requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are
properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody
over said items.
Section 21 of the IRR of R.A. No. 9165 only requires a substantial compliance with the requirements of markings and
photographing instead of an absolute or literal compliance.
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Non-compliance with the procedural requirements under RA 9165 and its IRR relative to the custody,
photographing, and drug-testing of the apprehended persons, is not a serious flaw that can render void the seizures
and custody of drugs in a buy-bust operation.
The "chain of custody rule" requires, inter alia, that: (a) the apprehending team that has initial custody over the
seized drugs immediately conduct an inventory and take photographs of the same in the presence of the accused or
the person from whom such items were seized, or the accuseds or the persons representative or counsel, a
representative from the media, the Department of Justice, and any elected public official who shall then sign the
copies of the inventory; and (b) the seized drugs be turned over to the PNP Crime Laboratory within 24 hours from
its confiscation for examination purposes.
DOCUMENTARY EVIDENCE
Parol Evidence
For parol evidence to be admitted, the party must put in issue in his pleadings any of the four exceptions under Rule
130 Sec. 9 of the Rules on Evidence.
It is established that the one who pleads payment has the burden of proving it. Even where the creditor alleges non-
payment, the general rule is that the debtor has the burden to prove payment, rather than the creditor. The debtor
has the burden of showing with legal certainty that the obligation has been discharged by payment. Where the
debtor introduces some evidence of payment, the burden of going forward with the evidenceas distinct from the
general burden of proofshifts to the creditor, who is then under a duty of producing some evidence to show non-
payment.
Authentication And Proof Of Documents
How To Prove Genuineness Of Handwritting
It bears stressing that the trial court may validly determine forgery from its own independent examination of the
documentary evidence at hand. This the trial court judge can do without necessarily resorting to experts, especially
when the question involved is mere handwriting similarity or dissimilarity, which can be determined by a visual
comparison of specimen of the questioned signatures with those of the currently existing ones.
Public Documents As Evidence; Proof Of Official Record
As a public document, the picture seat plan need not be identified or presented by the custodian thereof in order to
be admissible in evidence.
A notarized document has in its favor the presumption of regularity. Nonetheless, it can be impugned by strong,
complete and conclusive proof of its falsity or nullity on account of some flaws or defects on the document.
TESTIMONIAL EVIDENCE
Section 47, Rule 130 of the Rules of Court provides that the testimony or deposition of a witness deceased or unable
to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject
matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him.
Inconsistencies in the victims testimony do not impair her credibility, especially if the inconsistencies refer to trivial
matters that do not alter the essential fact of the commission of rape.
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Victim's uniform testimony regarding the manner by which she was raped does not diminish her credibility.
It is true that in rape cases, the testimony of the victim is essential. However, when the victim is a small child or, as
in this case, someone who acts like one, and thus cannot effectively testify as to the details of the offense, and there
are no other eyewitnesses, resort to circumstantial evidence becomes inevitable.
The well-entrenched principle of giving full faith and credence to the narration of police officers, due to the
presumption of regularity, equally apply in buy-bust operations.
Jurisprudence holds that for alibi to prosper, it is necessary that the corroboration is credible, the same having been
offered preferably by disinterested witnesses.
Examination of a Witness
Inconsistencies in the victims testimony do not impair her credibility, especially if the inconsistencies refer to trivial
matters that do not alter the essential fact of the commission of rape.
HEARSAY RULE
Owing to the initiatory nature of preliminary investigations, the technical rules of evidence should not be applied in
the course of its proceedings. Thus, probable cause can be established with hearsay evidence, as long as there is
substantial basis for crediting the hearsay. Hearsay evidence is admissible in determining probable cause in a
preliminary investigation because such investigation is merely preliminary, and does not finally adjudicate rights
and obligations of parties.
OFFER AND OBJECTION
The trial court is bound to consider only the testimonial evidence presented and exclude the documents not offered.
Documents which may have been identified and marked as exhibits during pre-trial or trial but which were not
formally offered in evidence cannot in any manner be treated as evidence.
Forum Shopping
The failure of the petitioner to comply with Section 3, paragraph b, Rule 6 of the RIRCA, that is, to append to his
petition copies of the pleadings and other material portions of the records as would support the petition, does not
justify the outright dismissal of the petition. The refusal of petitioner Molina to concede defeat, manifested by her
unceasing attempts to prolong the final disposition of these cases, obstructs the administration of justice and,
therefore, constitutes contempt of Court.
An indicium of the presence of, or the test for determining whether a litigant violated the rule against forum
shopping is where the elements of litis pendentia are present or where a final judgment in one case will amount to
res judicata in the other case.
The test for determining forum shopping is whether in the two or more cases pending, there is identity of parties,
rights or causes of action, and reliefs sought.
In determining whether a party violated the rule against forum shopping, the most important factor to consider is
whether the elements of litis pendentia concur.
There is forum shopping when a party repetitively avails of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions and the same essential facts and
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circumstances, and all raising substantially the same issues either pending in or already resolved adversely by some
other court.
Forum shopping is committed by a party who, having received an adverse judgment in one forum, seeks another
opinion in another court other than by appeal or the special civil action ofcertiorari.
Forum shopping is the act of a litigant who repetitively avails of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions and the same essential facts and
circumstances, and all raising substantially the same issues either pending in or already resolved adversely by some
other court to increase his chances of obtaining a favorable decision if not in one court, then in another.
The requirements of certification against non-forum shopping must be executed by the party-pleader, and not his
counsel.
The trial court, upon Pascual, et al.'s motion, allowed the execution of its decision pending Nemencio Pulumbarit's
appeal of the same with the CA. When the CA, in another case, issued writs against said discretionary execution,
Pascual, et al. filed a motion seeking to do exactly that what the court has already enjoined, albeit this time, before
the CA in the first case. This act, according to Pulumbarit, constitutes "a species of deliberate and willful forum-
shopping" which should not be countenanced by this Court.
Compliance with the Rules of Procedure
Strict compliance with the rules of procedure in administrative cases is not required by law. However, if the gravity
of the violation of administrative rules of procedure is such that due process is breached, the rules of procedure
should be strictly applied. Otherwise, the rules are liberally construed.
Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
Resort to the application of a subpoena under Section 5 of the JAR expressly excludes from its application adverse
party and hostile witnesses.
Longevity Pay For Judges and Justices
The plain reading of Section 42 of BP Blg. 129 shows that longevity pay is not available even to a judicial officer
who is not a judge or justice. It is likewise not available, for greater reason, to an officer in the Executive simply
because he or she is not serving as a judge or justice. It cannot also be available to a judge or justice for past
services he or she did not render within the Judiciary as services rendered outside the Judiciary for purposes of
longevity pay is not contemplated by law.
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LEGAL ETHICS AND

PRACTICAL EXERCISES
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LEGAL ETHICS
A. PRACTICE OF LAW (Rule 138)
Under Section 27, Rule 138 of the Rules of Court, willful disobedience to any lawful order of a superior court is a
ground for disbarment or suspension from the practice of law.
Direct bribery is a crime involving moral turpitude, thus, a ground for the suspension or disbarment of a lawyer from
his office as an attorney.
The facts of the case show that Atty. Mendoza engaged in improper or wrong conduct, as found under Rule 1.01, as
the failure to pay the loan was willful in character and implied a wrongful intent and not a mere error in judgment.
The unjustified delay in his actions and his failure to act according to law constituted a breach of his accountability
not only to complainant, but also to the public in general.
2. TO THE LEGAL PROFESSION
The ethics of the legal profession rightly enjoins every lawyer to act with the highest standards of truthfulness, fair
play, and nobility in the course of his practice of law. Stated differently, any member of the legal fraternity should do
nothing that would lessen in any degree the confidence of the public in the fidelity, honesty, and integrity of the legal
profession.
Case law provides that non-attendance of previously set engagements with the court, absent a truly good reason to
be absent is a violation of the Code of Professional Responsibility and is a ground for disciplinary action.
A lawyer should advise his client to uphold the law, not to violate or disobey it. Conversely, he should not
recommend to his client any recourse or remedy that is contrary to law, public policy, public order, and public
morals.
Membership in the bar requires a high degree of fidelity to the laws whether in a private or professional capacity.
The pendency of the criminal case should not be a reason to dismiss the complaint of the client against the lawyer.
The Court must make a separate determination of the administrative liability of the lawyer to preserve the integrity
of the legal profession.
3. TO THE COURTS
A lawyer shall not do any falsehood, nor consent to the doing of any in court, nor shall he misled by any artifice.
While lawyers are free to criticize judges, criticism sans fair basis, grossly violates the duty to accord respect owing
to the courts. Further, the use of intemperate language and unkind ascriptions has no place in the dignity of judicial
forum.
A lawyers blatant disregard or refusal to comply with the Courts orders underscores her disrespect of the courts
lawful orders.
A lawyer may be disciplined for misconduct committed either in his professional or private capacity. The test is
whether his conduct shows him to be wanting in moral character, honesty, probity, and good demeanor, or whether
his conduct renders him unworthy to continue as an officer of the Court.
60
As an officer of the court, a lawyer is part of the machinery in the administration of justice. A lawyer should not only
help attain the speedy, efficient, impartial, correct, and inexpensive adjudication of cases and prompt satisfaction of
final judgments, but should likewise avoid any unethical or improper practices that may impede, obstruct, or prevent
the realization of a speedy and efficient administration of justice.
It is quite clear that respondent has made a mockery of the judicial process by abusing Court processes, employing
dilatory tactics to frustrate the execution of a final judgment, and feigning ignorance of his duties as an officer of the
court.
A lawyer's primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede
or obstruct the administration of justice, such as the commission of forum shopping, contravenes this obligation.
4. TO THE CLIENTS
The rule prohibiting conflict of interest also applies when the lawyer represents a client against a former client in a
controversy that is related, directly or indirectly, to the subject matter of the previous litigations in which he
appeared for the former client.
The rule prohibiting conflict of interest also applies when the lawyer represents a client against a former client in a
controversy that is related, directly or indirectly, to the subject matter of the previous litigations in which he
appeared for the former client.
It is settled that the unjustified withholding of money belonging to a client warrants the imposition of disciplinary
action.
The Rules of Court requires lawyers to secure special authority from their clients when entering into a compromise
agreement that dispenses with litigation. Any money collected for the client or other trust property coming into the
lawyer's possession should promptly be reported by him or her.
A lawyer's failure to return upon demand the funds or property he holds for his client gives rise to the presumption
that he has appropriated these funds or property for his own use to the prejudice of, and in violation of the trust
reposed in him by his client.
The rule against borrowing of money by a lawyer from his client is intended to prevent the lawyer from taking
advantage of his influence over his client. The rule presumes that the client is disadvantaged by the lawyers ability
to use all the legal maneuverings to renege on his obligation.
A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.
Although it is not necessary to prove a formal agreement in order to establish conspiracy because conspiracy may be
inferred from the circumstances attending the commission of an act, it is nonetheless essential that conspiracy be
established by clear and convincing evidence.
It must be stressed that once a lawyer takes up the cause of the client, he is duty bound to serve the latter with
competence, and to attend to such clients cause with diligence, care and devotion, whether he accepts it for a fee or
for free.
An attorney is bound to protect his clients interest to the best of his ability and with utmost diligence. He is duty-
bound to handle the same with zeal and due diligence.
In a case decided by the Supreme Court, it dismissed the administrative case against therein respondent and no
longer imposed any sanction against him in view of his death during the pendency of said case.
A lawyer is bound to protect his clients interests to the best of his ability and with utmost diligence. The failure to
meet these standards warrants the imposition of disciplinary action.
61
A lawyer shall serve his client with competence and diligence; a lawyer shall not neglect a legal matter entrusted to
him and his negligence in connection therewith shall render him liable
To establish the [attorney-client] relation, it is sufficient that the advice and assistance of an attorney is sought and
received in any matter pertinent to his profession.
When a lawyer takes a case, he covenants that he will exercise due diligence in protecting his client's rights. Failure
to exercise that degree of vigilance and attention expected of a good father of a family makes the lawyer unworthy
of the trust reposed by his client, and makes him answerable not just to his client but also to the legal profession,
the courts, and society.
(IV) DUTY TO APPRISE CLIENT
The Law Profession did not burden its members with the responsibility of indefinite service to the clients; hence, the
rendition of professional services depends on the agreement between the attorney and the client.
It is well-settled that attorney's fee is understood both in its ordinary and extraordinary concept. On the other hand,
acceptance fee refers to the charge imposed by the lawyer for merely accepting the case.
When the services rendered by counsel constitute the normal and usual duties required of a lawyer to render to his
client and the issues involved in the case were not novel and did not require extensive research on the part of the
counsel, a 35% contingent fee is excessive and unreasonable. In such case, the principle of quantum meruit (as much
as he deserves) may serve as a basis for determining the reasonable amount of attorney's fees.
As in the exercise of any other right conferred by law, the lawyer - and the courts -must avail of the proper legal
remedies and observe the procedural rules to prevent the possibility, or even just the perception, of abuse or
prejudice.
C. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS (RULE 139-B, RULES OF COURT)
Signing a pleading is such a solemn component of legal practice that this court has taken occasion to decry the
delegation of this task to non-lawyers as a violation of the Code of Professional Responsibility.
Any errant behavior of the lawyer, be it in his public or private activities, which tends to show deficiency in moral
character, honesty, probity or good demeanor, is sufficient to warrant suspension or disbarment.
Good moral character is not only required for admission to the Bar, but must also be retained in order to maintain
one's good standing in this exclusive and honored fraternity.
D. READMISSION TO THE BAR
When exercising its inherent power to grant reinstatement, the Court should see to it that only those who establish
their present moral fitness and knowledge of the law will be readmitted to the Bar. Thus, though the doors to the
practice of law are never permanently closed on a disbarred attorney, the Court owes a duty to the legal profession
as well as to the general public to ensure that if the doors are opened, it is done so only as a matter of justice.
E. NOTARIAL PRACTICE (A. M. NO. 02-8-13-SC, AS AMENDED)
Whoever acts as Notary Public must ensure that the parties executing the document be present. Otherwise, their
participation with respect to the document cannot be acknowledged. Notarization of a document in the absence of
the parties is a breach of duty.
62
A notary public should not notarize a document unless the person who signed the same is the very person who
executed and personally appeared before him to attest to the contents and the truth of what are stated therein.
When acknowledging a document, it is required that the person who signed or executed the same, appears in person
before the notary public and represents to the latter that the signature on the document was voluntarily affixed by
him for the purposes stated in the document, declaring the same as his free and voluntary act and deed.
Since a notarial commission is personal to each lawyer, the notary public must also personally administer the
notarial acts that the law authorizes him to execute. This important duty is vested with public interest. Thus, no other
person, other than the notary public, should perform it.
A notary public should not notarize a document unless the persons who signed the same are the very same persons
who executed and personally appeared before him to attest to the contents and the truth of what are stated therein.
JUDICIAL ETHICS
A. SOURCES
The proscription against borrowing money or property from lawyers and litigants in a case pending before the court
is imposed on Judges to avoid the impression that the Judge would rule in favor of a litigant because the former is
indebted to the latter. In order for the said proscription to operate, it should first be established that the Judge knows
that the person or entity from whom he or she is borrowing money or property is actually a lawyer or litigant in a
case pending before his or her sala.
The rules on the disqualification of judges, particularly compulsory self- disqualification, are basic legal guidelines
that must be at the palm of every judge's hands.
Competence and diligence are prerequisites to the due performance of judicial office and every judge is required to
observe the law. There is gross ignorance of the law when an error committed by the judge was gross and patent,
deliberate or malicious, or when a judge ignores, contradicts or fails to apply settled law and jurisprudence because
of bad faith, fraud dishonesty or corruption.
Delay in case disposition is a major culprit in the erosion of public faith and confidence in the judiciary and the
lowering of its standards. Failure to decide cases within the reglementary period, without strong and justifiable
reasons, constitutes gross inefficiency warranting the imposition of administrative sanction on the defaulting judge.
Judges cannot indiscriminately issue writs of execution against the government to enforce money judgments.
The basic postulate is for all judges to follow the guidelines set by the Court to ensure the just, speedy and inexpensive
administration of justice. The non-observance of the guidelines inevitably results in unfairness and inefficiency.
This Court has consistently impressed upon the members of the Bench the need to decide cases promptly and
expeditiously, on the time-honored principle that justice delayed is justice denied.
DISCIPLINE OF MEMBERS OF THE JUDICIARY
When a judge interferes and borrows from the Courts Collections, his payment of said borrowings will not shield him
from the imposition of Administrative Sanctions. It matters not that these personal borrowings were paid as what
counts is the fact that these funds were used outside of official business.
For purposes of determining administrative liability of lawyers and judges, "immoral conduct" should relate to
their conduct as officers of the court.
63
The Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the
latter can be branded with the stigma of being biased and partial.
DISICIPLINE
CLERK OR COURTS
Officials and employees involved in the administration of justice to faithfully adhere to their mandated duties and
responsibilities. Any act of impropriety - whether committed by the highest judicial official or by the lowest member
of the judicial workforce can greatly erode the peoples confidence in the Judiciary.
Clerks of Court have the duty to immediately deposit the various funds received by them to the authorized
government depositories for they are not supposed to keep funds in their custody.
Section 4 of OCA Circular No. 50-95 provides that all collections from bailbonds, rental deposits and other Fiduciary
collections shall be deposited by the Clerk of Court concerned, within twenty-four (24) hours upon receipt thereof
with the Landbank of the Philippines.
Court personnel shall at all times perform official duties properly and with diligence. They shall commit themselves
exclusively to the business and responsibilities of their office during working hours.
COURT PERSONNEL
[D]ishonesty, x x x need not be committed in the course of the performance of duty by the person charged. The
rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave
misconduct, even if said defects of character are not connected with his office, they affect his right to continue in
office.
The dismissal of a criminal case brought against a public employee should not be a ground to dismiss the
administrative case stemming from the same set of facts or transactions in view of the distinct standards of proof for
the criminal and the administrative cases.
This Court had emphasized the heavy burden and responsibility of court personnel. They have been constantly
reminded that any impression of impropriety, misdeed or negligence in the performance of their official functions
must be avoided.
SHERIFF
Simple Neglect of Duty is the failure of an employee to give proper attention to a required task or to discharge a duty
due to carelessness or in difference. Grave Abuse of Authority however, is a misdemeanor committed by a public
officer, who under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment, or other
injury; it is an act of cruelty, severity, or excessive use of authority.
REGISTER OF DEEDS
A presumption is not sufficient substantial evidence to sustain a finding of administrative liability.
The general duties of the Register of Deeds, are ministerial in nature. It is one that an officer or tribunal performs in
a given state of facts, in prescribed manner, in obedience to the mandate of a legal authority, without regard to or
the exercise of his own judgment upon the propriety of impropriety of the act done.
64
D. DISQUALIFICATION OF JUSTICES AND JUDGES
To be held liable for gross ignorance of the law, the judge must be shown to have committed an error that was
gross or patent, deliberate or malicious.
While a party has the right to seek the inhibition or disqualification of a judge who does not appear to be wholly free,
disinterested, impartial, and independent in handling the case, this right must be weighed with her duty to decide
cases without fear or pressure.
E. POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS
Resignation from the service will not extricate court employees from the consequences of their acts. It is settled that
the cessation from office neither warrants the dismissal of the administrative complaint filed against the respondents
while they were still in the service nor does it render the case moot and academic.
This court has an interest in the conduct and behavior of its officials and employees and in ensuring at all times the
proper delivery of justice to the people. No affidavit of desistance can divest this court of its jurisdiction under Section
6, Article VIII of the Constitution to investigate and decide complaints against erring officials and employees of the
judiciary.
Clerk of courts are judicial officers entrusted to perform delicate functions with regard to the collection of legal fees,
and as such, are expected to implement regulations correctly.
The conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the
presiding judge to the lowliest clerk, must always be beyond reproach and must be circumscribed with the heavy
burden of responsibility.
Time and again, the Court has followed the practice of liberal treatment in passing upon retirement issues and claims,
particularly of judges and justices, obviously in keeping with the beneficial intendment of retirement laws which is
to reward satisfactory past services and at the same time provide the retiree with the means to support himself and
his family in his remaining years.
65

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UST

LABOR AND SOCIAL LEGISLATION [9]

CIVIL LAW [17]

TAXATION LAW [27]

MERCANTILE LAW [31]

CRIMINAL LAW [34]

REMEDIAL LAW [42]

LEGAL ETHICS AND PRACTICAL EXERCISES [59]

Credits to UST Faculty of Civil Law's Dean Circle.

POLITICAL AND PUBLIC

National Economy and Patrimony

Accountability of Public Officers

Equal Protection Clause

Due Process Clause

Freedom of Expression, Right to Assembly and Academic Freedom

Criminal Due Process

ADMINISTRATIVE LAW, PUBLIC OFFICERS & ELECTION LAW

PUBLIC INTERNATIONAL LAW

LABOR AND SOCIAL

Article 172. [166] (Employees Compensation Program)

RECRUITMENT AND PLACEMENT

Regulation and Enforcement

1. Suspension or cancellation of license or authority (Art. 35, Labor Code)

Anti-Sexual Harassment Act (R.A. No. 7877)

Effects of Labor-Only Contracting

Dismissal from Employment

C. Reliefs for Illegal Dismissal

. Separation pay in lieu of reinstatement

Employees compensation coverage and when compensable

Procedure and Jurisdiction

Requirements to perfect appeal to NLRC

National Labor Relations Commission (NLRC)

DOLE Regional Directors

Rule 65, Rules of Court

PERSONS AND FAMILY RELATIONS

OBLIGATIONS AND CONTRACTS

The agreement is the law between the parties.

In ejectment cases, possession, not ownership, is the central issue.

EASEMENT OF RIGHT OF WAY

LAND TITLES AND DEEDS

CERTIFICATE OF TITLES COVERING THE SAME LAND

POSSESSION AND OCCUPATION

WHERE DATE OF REGISTRATION IS RECKONED FROM

ALIENABLE AND DISPOSABLE CHARACTER OF LAND

EXEMPTION FROM CARP

AMENDMENT AND ALTERATION OF CERTIFICATES

PROOF OF OWNERSHIP OF A LAND

PROOF OF CONVEYANCE OF LAND

ATTACK ON CERTIFICATE OF TITLE

ACTION FOR RECONVEYANCE

INNOCENT PURCHASERS FOR VALUE

MORTGAGEE IN GOOD FAITH AND FOR VALUE

WILLS AND SUCCESSIONS

A check constitutes an evidence of indebtedness and is a veritable proof of an obligation.

PARTNERSHIPS, AGENCIES, AND TRUSTS

SPECIAL POWER OF ATTORNEY

TORTS AND DAMAGES

Construction and Interpretation

Tax Exemption and Exclusion

Scope and Limitation of Taxation

Exemption from Real Property Taxes

NATIONAL INTERNAL REVENUE CODE (NIRC) OF 1997, AS AMENDED

Dealings in Real Property situated in the Philippines

Tax Remedies under the NIRC