The Author

The author is a practicing lawyer, who began this law blog in 2011.

Monday, March 21, 2016

Case Digest: Tolentino and Mojica vs. Comelec

G.R. No.  148334.  January 21, 2004 ARTURO M. TOLENTINO and ARTURO C. MOJICA vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B. HONASAN FACTS: Petitioners assailed the manner by which the simultaneous regular and special elections of 2001 were conducted by the COMELEC.Petitioners contend that, if held simultaneously, a special and a regular election must be distinguished in the documentation...

Case Digest: Ampatuan, et al. vs. COMELEC

Ampatuan, et al. vs. COMELEC G. R. No. 149803.  January 31, 2002 FACTS: The COMELEC lifted its order suspending the proclamation and thereafter proclaimed petitioners as the victors in the May 14, 2001 Maguindanao Provincial election. Respondents petitioned before the Supreme Court the suspension of  the effects of  the said proclamation and insisted that there had been a “failure of election”. The COMELEC...

Case Digest: Clemente vs. WCC and Rattan Art and Decorations Inc.

Clemente vs. WCC and Rattan Art and Decorations Inc., G.R. No. L-42087, April 8, 1988 Facts:  Ricardo Clemente, a machine set-up man at Rattan Art and Decorations Inc, died of acute cardiorespiratory failure, with manifest pulmonary infarct, cardiac dilatation and marked visceral congestion. The heirs’ claim for death compensation benefits under WCA was granted. On appeal, the Commission ruled in favor of private...

Case Digest: Berberisa Riño vs. ECC and SSS

BEBERISA RIÑO vs. ECC and SSS, G.R. No. 132558, May 9, 2000 Facts: Virgilio T. Riño Sr., was a stevedore at Allied Port Services since July 1982. In 1992, he died of “Uremia secondary to chronic renal failure” three days after he was rushed to the hospital after collapsing at work. Virgilio’s widow claimed for death benefits from the SSS. The claim was denied by the system and, subsequently, by the ECC for failure to present proof...

Case Digest: Limbo vs. ECC and SSS

Limbo vs. ECC and SSS, July 30, 2002 G.R. No.146891 Facts: Ruben Limbo was employed at Nestlé Philippines, Incorporated as salesman in 1966 and was later promoted as Area Sales Supervisor in 1977 until 1996. In 1994, he was diagnosed with elevetaed BUN, creatinine, anemia and chronic renal disease. In 1995, he underwent a renal transplant. Limbo claimed for benefits from SSS bu the latter denied the claim, reasoning that Limbo’s...

Case Digest: Tancinco vs. GSIS and ECC

Tancinco vs. GSIS and ECC, November 16, 2001,  G.R. 132916 Facts: SPO1 Eddie G. Tancinco was shot dead by five (5) unidentified armed men while off duty and repairing a service vehicle in front of his house. His widow claimed for benefits. The GSIS and ECC denied the claim for lack of proof that the death of Tancinco was work-related. Issue: Whether or not Tancinco’s death was compensable. Ruling: Tancinco’s...

Case Digest: Valeriano vs. ECC and GSIS

Valeriano vs. ECC and GSIS, June 8, 2000 GR 136200 Facts: Celestino Valeriano was employed as a firetruck driver. On the evening of July 3, 1985, after having dinner with a friend, Valeriano met an accident  and was severely injured when the vehicle he was on collided with another. Valeriano claimed for benefits from the GSIS which the latter denied for being non-compensable. The ECC and CA sustained the system, reasoning that the injury...

Case Digest: Caltex vs. Palomar

G.R. No. L-19650             September 29, 1966 CALTEX (PHILIPPINES), INC vs. ENRICO PALOMAR, in his capacity as THE POSTMASTER GENERAL FACTS: In 1960, Caltex launched their "Caltex Hooded Pump Contest", which called for participants to estimate the actual number of liters a hooded gas pump at each Caltex station will dispense during a specified period.Participants were neither required consideration...

Jurisdiction: Correlation and Distinction of Tijam vs. Sibonghanoy, Regalario case and Fukuzume case

It is the settled rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings. It was however held in Tijam vs. Sibonghanoy that the appellants were barred by laches, considering that it took the appellants 15 years in raising the issue of jurisdiction (based...

Case Digest: People vs. Taraya

G.R. No. 135551. October 27, 2000 People vs. Taraya FACTS: Accused-appelants Ampie Taraya, Jonar Estrada and Arly Cantuba, all are relatives, were charged for the crime of murder qualified by treachery for the death of Salvador Reyes. Salvador Reyes was killed on the night of September 24, 1995. Prosecution witnesses  Mariano Adillo, David Angeles and Gregorio Reyes testified against the accused appellants. Their statements...

CASE DIGEST: Stephen Tibagong vs. People of the Philippines

Stephen Tibagong vs. People of the Philippines G.R. No 182178 August 15, 2011 Facts: Petitioner was found guilty by the lower courts for the violation of Section 11 or RA 9165. Facts state that arresting officers, PO3 Faelogo and PO3 Paquera, received information from a caller, informing them of an illegal drug trade. The two proceeded to the reported place where they found petitioner, flicking a plastic allegedly containing shabu. The...

CASE DIGEST: Nolasco, et al vs. Paño

Nolasco, et al vs. Paño G.R. No. L-69803 October 8, 1985 Facts: The present case was subject for resolution. Supreme Court  held in a criminal case that the arrest of the petitioners was illegal, annulling the decision of respondent Judge Paño, and that the seizure of the items by virtue of the warrant by the same respondent judge are inadmissible as evidence in the Subversive Documents case. However the Court held...

Case Digest: JOSE BURGOS VS. CHIEF OF STAFF

Jose Burgos vs. Chief of Staff G.R. No L-64261 December 26, 1984 Facts: Two warrants were issued against petitioners for the search on the premises of “Metropolitan Mail” and “We Forum” newspapers and the seizure of items alleged to have been used in subversive activities. Petitioners prayed that a writ of preliminary mandatory and prohibitory injunction be issued for the return of the seized articles, and that respondents...

Case Digest : National Power Corporation vs. Benjamin Ong Co

G.R. No. 166973 National Power Corporation vs. Benjamin Ong Co February 10, 2009 Facts: Petitioner expropriated respondent’s property for its Lahar Project, a project for public use Petitioner established its claim on RA 6395, allowing it to exercise the right to eminent domain. Complaint was filed at the RTC on June 27, 2001. On 25 March 2002, petitioner obtained a writ of possession and on 15 April 2002 it took possession of...

CASE DIGEST: ARSENIO VERGARA VALDEZ vs. PEOPLE OF THE PHILIPPINES

ARSENIO VERGARA VALDEZ vs. People of the Philippines G.R. No 170180 November 23, 2007 Facts: Petitioner Arsenio Valdez was found guilty by the lower courts for the violation of Section 11 of RA 9165 (illegal possession of dangerous drugs) after dried marijuana leaves were found in his possession by three barangay tanods who made a search on him Petitioner denied ownership and purported that he had just alighted from the bus...

Case Digest: Alih vs. Castro

Alih vs. Castro 151 SCRA 279  June 23, 1987 Facts: Respondents who were members of the Philippine marine and defense forces raided the compound occupied by petitioner in search of loose firearms, ammunitions and explosives.  A shoot-out ensued after petitioners resisted the intrusion by the respondents, killing a number of men. The following morning, the petitioners were arrested and subjected to finger –printing, paraffin...

Sunday, March 20, 2016

CASE DIGEST: ONG VS. ROBLES

G.R. No. 97347 Jaime Ong vs. Court of Appeals and Robles couple July 6, 1999 Facts: Petitioner Jaime Ong and respondents, Robles couple executed an “Agreement of Purchase and Sale” with regard to 2 parcels of land, on which a rice mill and a piggery were found and thus included.  The terms and conditions of the contract included an initial payment, payment for the loan of the sellers including interest, and the balance to...