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Lito Corpuz vs People of the Philippines This court cannot modify the said range of penalties because that

he said range of penalties because that would


constitute judicial legislation. What the Legislature’s perceived failure in amending the
FACTS: penalties provided for in the said crimes cannot be remedied through this Court’s
Petitioner offered to sell Tangcoy’s (private complainant) jewelries on a decisions, as that would be encroaching upon the power of another branch of
commission basis. Private complainant agreed and turned over to the petitioner the government. The primordial duty of the Court is merely to apply the law in such a way
following items: n 18k diamond ring for men; a woman’s bracelet; one men’s necklace that it shall not usurp legislative powers by judicial legislation and that in the course of
and another men’s bracelet with an aggregate value of P98,000.00 s eveidenced by a such application or construction, it should not make or supervise legislation, or under
receipt. They agreed that the petitioner should remit the proceeds of the sale or return the guise of interpretation, modify, revise, amend, distort, remodel or rewrite the law or
the items if not sold within 60 days. The period expired and the petitioner was not able give law a construction which is repugnant to its terms.
to comply with the agreement.

An information was filed by the private complainant for the crime of estafa. Director of Lands vs. Court of Appeals
After trial the RTC judge found petitioner guilty. Court of Appeals affirmed the decision
of the RTC with MODIFICATIONS and denied the Corpuz’s petition. The case was elevated FACTS:
to the supreme court.
On December 8, 1986, Private respondent Teodoro Abistado filed a petition
ISSUE: for original registration of his title over 648 square meters of land under the PD No.
1529. The Land Registration Case is assigned to the RTC of Mamburao, Occidental
Whether or not the Court can adjust the penalties provided under the law to Mindoro. The petitioner died during the pendency of the case so his heirs represented
prevent injustice. by their aunt Josefa Abistado were substituted as applicants.
HELD: The RTC dismissed the petition ‘for want of jurisdiction’. The applicants failed
No. to publish the notice of initial hearing in a newspaper of general circulation in the
Philippines as required in the P.D. 1529 Sec. 23(1).
RATIO:
The Court of Appeals revised the decision of the RTC ruling that the
RTC sentenced the accused to an imprisonment of FOUR YEARS AND TWO publication was merely a procedural and that the failure to cause such publication did
MONTHS of Prision Correccional in its medium period as MINIMUM to FOURTEEN not deprive the trial court its authority to grant application.
YEARS AND EIGHT MONTHS of Reclusion Temporal in its minimum period as
ISSUE:
MAXIMUM. The Court of Appeals Modified the said penalties 4 years and 2 months of
Prision Correccional as minimum to 8 years of prision mayor, as maximum, plus 1
year for each additional P10,000.00, or a total of 7 years.
Whether or not the land registration court can validly confirm and register demanded payment and Celestino Contreras offered to pay for the subject land at the
the title of private respondents in the absence of publication in a newspaper of general rate of P0.70 per square meter. Unsatisfied with the offer, the respondents-movants
circulation. demanded the return of their property, or the payment of compensation at the current
fair market value. RTC ruled in favour of the latter as well as the Court of Appeals with
HELD: the subject property valued at P1,500.00 per square meter, with interest at 6% per
The Supreme Court answered this query in the negative. annum.

RATIO: ISSUE:

The law used the term “shall” in prescribing the work to be done by the Whether or not just compensation should be based on the value property at
Commissioner of Land Registration upon the latter’s receipt of the court order setting the time of the taking.
the time for initial hearing. The word “shall” indicates the mandatory character of a HELD:
statute, the court held that in the present case the term must be understood in its
normal mandatory meaning. The Court maintain its conclusions in the assailed July 1, 2013 Decision with
modification on the amount of interest awarded, as well as the additional grant of
This Court has declared that where the law speaks in clear and exemplary damages and attorney’s fees.
categorical language, there is no room for interpretation, vacillation or
equivocation; there is only room for application RATIO:

There was a failure to comply with the explicit publication requirement of the Just compensation due respondents-movants’ in this case should, therefore,
law. Thus the application for land registration filed by private respondents must be be fixed not as of the time of payment but at the time of taking in 1940 which is P0.70
dismissed without prejudice to reapplication in the future, after all the legal requisites per square meter and not P1,500.00 per square meter, as valued by the RTC and CA.
shall have been duly complied with.
Motion for Reconsideration DENIED.

Secretary of the Department of Public Works and Highways and District Engineer
Celestino R. Contreras vs. Spouses Heracleo and Ramona Tecson People of the Philippines vs. Mario Mapa y Mapulong

FACTS: FACTS:

In 1940, DPWH took respondents-movants’ subject property without benefit of Defendant Mapa was charged and convicted of the crime illegal possession of
expropriation proceedings for the construction of the MacArthur Highway, they firearm and ammunition by the Court of First Instance of Manila.
His sole defense is that he is duly appointed secret agent of the then Accused-appellant Patricio Amigo was charged and convicted of murder by
Governor of Batangas dated June 2, 1962 and at the time of the alleged commission of the RTC of Davao City and was sentenced to the penalty of reclusion perpetua.
the offense, he had a confidential mission to proceed to Manila, Pasay and Quezon City.
Accused-appellant claims that the penalty of reclusion perpetuua is too cruel
ISSUE: and harsh as a penalty and pleads for sympathy.

Whether or not the appointment to and holding of the position of a secret HELD:
agent to the provincial governor would constitute a sufficient defense to a prosecution
for the crime of illegal possession of firearm and ammunition. Courts are not the forum to plead for sympathy. The duty of Courts is to
apply, disregarding their feeling of sympathy or pity for an accused. DURA LEX SED
HELD: LEX. The remedy is elsewhere— clemency from the executive or an amendment of the
law by the legislative, but surely, at this point, the Court cannot but apply the law.
No. The conviction of the accused must stand. It cannot be set aside.

Ratio:

The law is explicit that except as thereafter specifically allowed, “it shall be
unlawful for any person to possess any firearm, detached parts of firearms or
ammunition”. The next provision provides that “firearms and ammunistion regularly and
lawfully issued to officers, soldiers, sailors, or marines, the Philippines Constabulary,
guards in the employment of the Bureau of Prisons, municipal police , provincial
governors, lieutenant governors, provincial treasurers, municipal treasurers, municipal
mayors and guards of provincial prisoners and jails,” are not covered “when such
firearms are in possession of such official and public servants for use in the
performance of their official duties.”

The law cannot be any clearer. No provision is made for a secret agent. As
such, he is not exempt. The first and fundamental duty if the courts is to apply the law.

People of the Philippines vs. Patricio Amigo

FACTS:

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