Professional Documents
Culture Documents
June 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Petioners Avelina Abarientos Rebusquillo (Avelina) and Salvador Orosco (Salvador) filed a
Complaint for annulment and revocation of an Affidavit of Self-Adjudication and a Deed of Absolute
Sale before the court a quo. In it, petitioners alleged that Avelina was one of the children of Eulalio
Abarientos (Eulalio) and Victoria Villareal (Victoria). Eulalio died intestate on July 3, 1964, survived by
his wife Victoria, six legitimate children, and one illegitimate child, namely: (1) Avelina AbarientosRebusquillo, petitioner in this case; (2) Fortunata Abarientos-Orosco, the mother of petitioner
Salvador; (3) Rosalino Abarientos; (4) Juan Abarientos; (5) Feliciano Abarientos; (6) Abraham
Abarientos; and (7) Carlos Abarientos. His wife Victoria eventually died intestate on June 30, 1983.
On his death, Eulalio left behind an untitled parcel of land in Legazpi City consisting of two thousand
eight hundred sixty-nine(2,869) square meters, more or less, which was covered by Tax Declaration
ARP No. (TD) 0141.
In 2001, Avelina was supposedly made to sign two (2) documents by her daughter Emelinda
Rebusquillo-Gualvez (Emelinda) and her son-in-law Domingo Gualvez (Domingo), respondents in this
case, on the pretext that the documents were needed to facilitate the titling of the lot. It was only in
2003, so petitioners claim, that Avelina realized that what she signed was an Affidavit of SelfAdjudication and a Deed of Absolute Sale in favor of respondents.
As respondents purportedly ignored her when she tried to talk to them, Avelina sought the
intervention of the RTC to declare null and void the two (2) documents in order to reinstat TD0141
and so correct the injustice done to the other heirs of Eulalio.
Issue: Whether or not there was a simulation of contract.
Held: The Civil Code provides:
Art. 1345. Simulation of a contract may be absolute or relative. The former takes place when the
parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.
(emphasis supplied)
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
HECTOR L. UY, Petitioner, v. VIRGINIA G. FULE; HEIRS OF THE LATE AMADO A. GARCIA,
NAMELY: AIDA C. GARCIA, LOURDES G. SANTAYANA, AMANDO C. GARCIA, JR., MANUEL C.
GARCIA, CARLOS C. GARCIA, AND CRISTINA G. MARALIT; HEIRS OF THE LATE GLORIA
GARCIA ENCARNACION, NAMELY: MARVIC G. ENCARNACION, IBARRA G. ENCARNACION,
MORETO G. ENCARNACION, JR., AND CARINA G. ENCARNACION; HEIRS OF THE LATE
PABLO GARCIA, NAMELY: BERMEDIO GARCIA, CRISTETA GARCIA, NONORATO GARCIA,
VICENTE GARCIA, PABLO GARCIA, JR., AND TERESITA GARCIA; HEIRS OF THE LATE ELISA
G. HEMEDES, NAMELY: ROEL G. HEMEDES, ELISA G. HEMEDES, ROGELIO G. HEMEDES,
ANDORA G. HEMEDES, AND FLORA G. HEMEDES, Respondents.
G.R. No. 164961, June 30, 2014
Facts: The dispute herein involves the parcel of land registered under Transfer Certificate of Title
(TCT) No. 30111 of the Registry of Deeds of Camarines Sur with an area of 180,150square meters
located in San Agustin, Pili, Camarines Sur that was part of the vast tract of land covered by TCT No.
1128 registered in the name of the late Conrado Garcia. TCT No. 1128 was derived from Original
Certificate of Title (OCT) No. 854 registered on November 23, 1933 in the Registration Book of the
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
ARCO PULP AND PAPER CO., INC. and CANDIDA A. SANTOS, Petitioners,
vs. DAN T. LIM, doing business under the name and style of QUALITY PAPERS & PLASTIC
PRODUCTS ENTERPRISES, Respondent.
G.R. No. 206806. June 25, 2014
Facts: Dan T. Lim works in the business of supplying scrap papers, cartons, and other raw materials,
under the name Quality Paper and Plastic Products, Enterprises, to factories engaged in the paper
mill business. From February 2007 to March 2007, he delivered scrap papers worth 7,220,968.31 to
Arco Pulp and Paper Company, Inc. (Arco Pulp and Paper) through its Chief Executive Officer and
President, Candida A. Santos. The parties allegedly agreed that Arco Pulp and Paper would either
pay Dan T. Lim the value of the raw materials or deliver to him their finished products of equivalent
value.
Dan T. Lim alleged that when he delivered the raw materials, Arco Pulp and Paper issued a
post-dated check dated April 18, 2007 in the amount of 1,487,766.68 as partial payment, with the
assurance that the check would not bounce. When he deposited the check on April 18, 2007, it was
dishonored for being drawn against a closed account.
On the same day, Arco Pulp and Paper and a certain Eric Sy executed a memorandum of
agreement where Arco Pulp and Paper bound themselves to deliver their finished products to
Megapack Container Corporation, owned by Eric Sy, for his account. According to the memorandum,
the raw materials would be supplied by Dan T. Lim, through his company, Quality Paper and Plastic
Products. The memorandum of agreement reads as follows:
Per meeting held at ARCO, April 18, 2007, it has been mutually agreed between Mrs. Candida
A. Santos and Mr. Eric Sy that ARCO will deliver 600 tons Test Liner 150/175 GSM, full width 76
inches at the price of P18.50 per kg. to Megapack Container for Mr. Eric Sys account.
It has been agreed further that the Local OCC materials to be used for the production of the
above Test Liners will be supplied by Quality Paper & Plastic Products Ent., total of 600 Metric Tons
at P6.50 per kg. (price subject to change per advance notice). Quantity of Local OCC delivery will be
based on the quantity of Test Liner delivered to Megapack Container Corp. based on the above
production schedule.
On May 5, 2007, Dan T.Lim sent a letter to Arco Pulp and Paper demanding payment of the
amount of 7,220,968.31, but no payment was made to him.
Issue: Whether or not there was novation.
Held: Novation is a mode of extinguishing an obligation by changing its objects or principal
obligations, by substituting a new debtor in place of the old one, or by subrogating a third person to
the rights of the creditor. Article 1293 of the Civil Code defines novation as follows:
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: In a Joint Decision dated January 10, 2006 by the Regional Trial Court of Tuguegarao City,
Branch 2 (RTC-Branch 2), in Criminal Cases Nos. 8230, 8465-70, petitioner Edna was found guilty of
Estafa and was sentenced to imprisonment from six ( 6) years and one ( 1) day of prision mayor, as
minimum, to thirty (30) years of reclusion perpetua, as maximum, for each conviction. Petitioner Edna
was also ordered to pay the respondent the amount of P2,285,000.00, with ten percent (10%)
interest, and damages.
Petitioner Edna sought to avoid criminal liability by settling her indebtedness through the
execution of separate real estate mortgages over petitioner Victors properties on February 2, 2006,
and covering the total amount of P7,000,000.00. Mortgaged were portions of Lot No. 1319 covered by
Transfer Certificate of Title (TCT) No. T-15232 and Lot No. 2399 covered by TCT No. T-15227, both
located in Tuguegarao City.
Petitioner Edna, however, failed to settle her obligation, forcing the respondent to foreclose the
mortgage on the properties, with the latter as the highest bidder during the public sale.
The petitioners then filed the case for the Declaration of Nullity of Mortgage Contracts, alleging
that the mortgage documents were "executed under duress, as the [petitioners] at the time of the
execution of said deeds were still suffering from the effect of the conviction of [petitioner] Edna, and
could not have been freely entered into said contracts."
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: In a Complaint for Annulment of Sale and Reconveyance of Property , the respondents
Rosario Calalang-Garcia, Leonora Calalang-Sabile, and Carlito S. Calalang asserted their ownership
over a certain parcel of land against the petitioners Nora B. Calalang-Parulan and Elvira B. Calalang.
The said lot with was allegedly acquired by the respondents from their mother Encarnacion Silverio,
through succession as the latters compulsory heirs.
According to the respondents, their father, Pedro Calalang contracted two marriages during his
lifetime. The first marriage was with their mother Encarnacion Silverio. During the subsistence of this
marriage, their parents acquired the above-mentioned parcel of land from their maternal grandmother
Francisca Silverio. Despite enjoying continuous possession of the land, however, their parents failed
to register the same. On June 7, 1942, the first marriage was dissolved with the death of Encarnacion
Silverio.
Pedro Calalang entered into a second marriage with Elvira B. Calalang who then gave birth to
Nora B. Calalang-Parulan and Rolando Calalang. According to the respondents, it was only during
this time that Pedro Calalang filed an application for free patent over the parcel of land with the
Bureau of Lands. Pedro Calalang committed fraud in such application by claiming sole and exclusive
ownership over the land since 1935 and concealing the fact that he had three children with his first
spouse. As a result, on September 22, 1974, the Register of Deeds of Bulacan issued Original
Certificate of Title (OCT) No. P-28715 in favor of Pedro Calalang only.
Pedro Calalang sold the said parcel of land to Nora B. Calalang-Parulan.
The respondents assailed the validity of TCT No. 283321 on two grounds. First, the
respondents argued that the sale of the land was void because Pedro Calalang failed to obtain the
consent of the respondents who were co-owners of the same. As compulsory heirs upon the death of
Encarnacion Silverio, the respondents claimed that they acquired successional rights over the land.
Thus, in alienating the land without their consent, Pedro Calalang allegedly deprived them of their pro
indiviso share in the property. Second, the respondents claimed that the sale was absolutely
simulated as Nora B. Calalang-Parulan did not have the capacity to pay for the consideration stated
in the Deed of Sale.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: An Information charging petitioner with the crime of murder was filed. The facts show that in
the early evening of December 15, 1996, Alberto Berbon y Downie (Alberto), a 49-year old Senior
Desk Coordinator of the radio station DZMM, was shot in the head and different parts of the body in
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Respondents, together with Adoracion Gadrinab and Arsenia Talao, are siblings and heirs of
the late Spouses Talao, who died intestate, leaving a parcel of land in Sta. Ana, Manila.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Petitioner Cabling was the highest bidder in an extrajudicial foreclosure sale over a property
situated in Sta. Rita, Olongapo City. The Final Deed of Sale was issued by the Sheriff of Olongapo
City and the title to the property was duly transferred to the petitioner after more than one year
therefrom.
Petitioner Cabling filed an Application for the Issuance of a Writ of Possession with the RTC.
Petitioners application was granted and the RTC subsequently issued a Writ of Possession and
Notice to Vacate.
Respondent Lumapas, however, filed a Motion for Intervention as a third party in actual
possession of the foreclosed property. She claimed that the property had previously been sold to her
by Aida Ibabao, the propertys registered owner and the judgment debtor/mortgagor in the
extrajudicial foreclosure sale, pursuant to a Deed of Conditional Sale.
The RTC issued an order holding in abeyance the implementation of the petitioners writ of
possession until after the resolution of the respondents motion. Thereafter, the RTC rendered the
assailed decision stating that "an ex-parte writ of possession issued pursuant to Act No. 355, as
amended, cannot be enforced against a third person who is in actual possession of the foreclosed
property and who is not in privity with the debtor/mortgagor."
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: On August 17, 1999, petitioner Dolores Campos filed a case for specific performance with
damages against respondents Dominador Ortega, Sr. and James Silos. Plaintiff occupied the entire
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: The petitioner and the Gutierrez entered into a business venture named Slam Dunk
Corporation (Slum Dunk), a production outfit that produced mini-concerts and shows related to
basketball. Petitioner was a professional basketball player while Gutierrez was a sports columnist.
In the course of their business, the petitioner pre-signed several checks to answer for the
expenses of Slam Dunk. Although signed, these checks had no payees name, date or amount. The
blank checks were entrusted to Gutierrez with the specific instruction not to fill them out without
previous notification to and approval by the petitioner. According to petitioner, the arrangement was
made so that he could verify the validity of the payment and make the proper arrangements to fund
the account.
In the middle of 1993, without the petitioners knowledge and consent, Gutierrez went to a
former teammate of petitioner (Marasigan), to secure a loan in the amount of P200,000.00 on the
excuse that the petitioner needed the money for the construction of his house. In addition to the
payment of the principal, Gutierrez assured Marasigan that he would be paid an interest of 5% per
month from March to May 1994. Marasigan granted it. Gutierrez simultaneously delivered to
Marasigan one of the blank checks the petitioner pre-signed with the words Cash Two Hundred
Thousand Pesos Only, and the amount of P200,000.00. Marasigan deposited the check but it was
dishonoured. Marasigan sought recovery from Gutierrez, to no avail. He thereafter sent several
demands which went unheeded. Consequently, he filed a criminal case for violation of B.P. 22
against the petitioner.
Petitioner then filed before the RTC a Complaint for Declaration of Nullity of Loan and
Recovery of Damages against Gutierrez and co-respondent Marasigan. He completely denied
authorizing the loan or the checks negotiation, and asserted that he was not privy to the parties loan
agreement.
RTC ruled in favour of Marasigan. The appellate court did not reverse the decision of the RTC,
hence this present petition.
Issue: Whether or not the petitioner is liable for the contract entered into between Gutierrez and
Marasigan.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: The civil case before the RTC of Legaspi City involved a parcel of land registered under the
name of Bernardina Abalon and fraudulently transferred to Restituto Rellama and who, in turn,
subdivided the subject property and sold it separately to the other parties to this case Spouses
Dominador and Ofelia Peralta; and Marissa, Leonil and Arnel, all surnamed Andal. Thereafter,
Spouses Peralta and the Andals individually registered the respective portions of the land they had
bought under their names. The heirs of Bernardina were claiming back the land, alleging that since it
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue: Whether a forged instrument may become the root of a valid title in the hands of an innocent
purchaser for value, even if the true owner thereof has been in possession of the genuine title, which
is valid and has not been cancelled.
Held: The assailed Decision of the CA held that the Andals were buyers in good faith, while Spouses
Peralta were not. Despite its determination that fraud marred the sale between Bernardina Abalon
and Rellama, a fraudulent or forged document of sale may still give rise to a valid title. The appellate
court reasoned that if the certificate of title had already been transferred from the name of the true
owner to that which was indicated by the forger and remained as such, the land is considered to have
been subsequently sold to an innocent purchaser, whose title is thus considered valid. The CA
concluded that this was the case for the Andals.
After executing the Deed of Sale with Bernardina Abalon under fraudulent circumstances,
Rellama succeeded in obtaining a title in his name and selling a portion of the property to the Andals,
who had no knowledge of the fraudulent circumstances involving the transfer from Abalon to Rellama.
The records of the RTC and the CA have a finding that when Rellama sold the properties to
the Andals, it was still in his name; and there was no annotation that would blight his clean title. To
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
GOLDEN VALLEY EXPLORATION, INC. (GVEI) vs. PINKIAN MINING COMPANY (PMC)
and COPPER VALLEY, INC. (CVI).
G.R. No. 190080, 11 June 2014
Facts: PMC is the owner of 81 mining claims 15 of which were covered by Mining Lease Contract
(MLC) while the remaining 66 had pending applications for lease.
PMC entered into an Operating Agreement (OA) with GVEI, granting the latter "full, exclusive
and irrevocable possession, use, occupancy , and control over the mining claims for a period of 25
years, with a stipulation that GVEIs non-payment of royalties would give PMC sufficient cause to
cancel or rescind the OA,
In a letter, PMC extra-judicially rescinded the OA upon GVEIs violations of thereof.
GVEI contested PMCs extra-judicial rescission of the OA through a Letter.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
July 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
More than a year later, or on March 24, 2000, the Silos filed a civil case, seeking annulment of
the foreclosure sale and an accounting of the PNB credit. On February 28, 2003, the trial court
rendered judgment dismissing the civil case. The Silos moved for reconsideration, but the trial court
granted only a modification in the award of attorney's fees, reducing the same from 10% to 1%. Thus,
PNB was ordered to refund to petitioner the excess in attorney's fees in the amount of P356,589.90.
Hence the spouses appealed to the CA, which partly ruled for the spouses. The CA noted that, based
on receipts presented by petitioners during trial, the latter dutifully paid a total of P3,027,324.60 in
interest, over and above the P2.5 million principal obligation. But the spouses are stopped from
questioning the interest since they paid the same religiously and without fail for seven years. The CA
nevertheless noted that PNB wrongly applied an interest rate of 25.72% instead of the agreed 25%;
thus it overcharged petitioners, and the latter paid, an excess of P736.56 in interest. The CA then
proceeded to declare valid the foreclosure and sale of properties, which came as a necessary result
of petitioners' failure to pay the outstanding obligation upon demand.
Finally, the CA ruled that petitioners are entitled to P377,505.09 surplus, which is the difference
between PNB's bid price of P4,324,172.96 and petitioners' total computed obligation as of January
14, 1999, or the date of the auction sale, in the amount of P3,946,667.87.
Hence, the present Petition.
Issue/s: (1) Whether or not the interest rate as stipulated in the escalation clause (increases made by
the PNB) is valid.
(2) Whether or not Estoppel will apply to the spouses Silos.
(3) Whether or not legal interest rate will apply.
(4) Whether or not the penalty charge of 24% per annum based on the defaulted principal
amount shall be imposed.
Held:
(1) NO. It appears that PNB's practice, more than once proscribed by the Court, has been carried
over once more to the Silos spouses. In a number of decided cases, the Court struck down provisions
in credit documents issued by PNB to, or required of, its borrowers which allow the bank to increase
or decrease interest rates "within the limits allowed by law at any time depending on whatever policy it
may adopt in the future."
In the first case, PNB v. CA, such stipulation and similar ones were declared in violation of
Article 1308 of the Civil Code. P.D. No. 1684 and C.B. Circular No. 905 no more than allow
contracting parties to stipulate freely regarding any subsequent adjustment in the interest rate that
shall accrue on a loan or forbearance of money, goods or credits. In fine, they can agree to adjust,
upward or downward, the interest previously stipulated. However, contrary to the stubborn insistence
of petitioner bank, the said law and circular did not authorize either party to unilaterally raise the
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
OLIVAREZ REALTY CORPORATION AND DR. PABLO R. OLIVAREZ vs. BENJAMIN CASTILLO.
G.R. No. 196251, July 09, 2014
Leonen
Facts:
Benjamin Castillo was the registered owner of a 346,918-square-meter parcel of land
located in Laurel, Batangas, which the Philippine Tourism Authority claims ownership based on a
different TCT.
On April 5, 2000, Castillo and Olivarez Realty Corporation, represented by Dr. Pablo R.
Olivarez, entered into a contract of conditional sale over the property. Under the deed of conditional
sale, Castillo agreed to sell his property to Olivarez Realty Corporation for P19,080,490.00. Olivarez
Realty Corporation agreed to a down payment of P5,000,000.00 as to the balance of 14,080,490.00,
Olivarez Realty Corporation agreed to pay in 30 equal monthly installments every eighth day of the
month beginning in the month that the parties would receive a decision voiding the Philippine Tourism
Authoritys title to the property. Under the deed of conditional sale, Olivarez Realty Corporation shall
file the action against the Philippine Tourism Authority with the full assistance of
[Castillo]. Paragraph C of the deed of conditional sale provides:
[Olivarez Realty Corporation] assumes the responsibility of taking necessary legal
action thru Court to have the claim/title TCT T-18493 of Philippine Tourism Authority over the
above-described property be nullified and voided; with the full assistance of [Castillo]
Should the action against the Philippine Tourism Authority be denied, Castillo agreed to reimburse all
the amounts paid by Olivarez Realty Corporation. Paragraph D of the deed of conditional sale
provides:
In the event that the Court denie[s] the petition against the Philippine Tourism Authority, all
sums received by [Castillo] shall be reimbursed to [Olivarez Realty Corporation] without interest).
As to the legitimate tenants occupying the property, Olivarez Realty Corporation undertook to
pay them disturbance compensation, while Castillo undertook to clear the land of the tenants within
six months from the signing of the deed of conditional sale. Should Castillo fail to clear the land within
six months, Olivarez Realty Corporation may suspend its monthly down payment until the tenants
vacate the property. Paragraphs E and F of the deed of conditional sale provide:
That [Olivarez Realty Corporation] shall pay the disturbance compensation to legitimate agricultural
tenants and fishermen occupants which in no case shall exceed ONE MILLION FIVE HUNDRED
THOUSAND (P1,500,000.00) PESOS. Said amount shall not form part of the purchase price. In
excess of this amount, all claims shall be for the account of [Castillo];
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
this
petition.
With respect to Castillos obligation to clear the land of the tenants within six months from the
signing of the contract, his obligation was an obligation with a resolutory period. The obligation to
clear the land of the tenants took effect at once, specifically, upon the parties signing of the deed of
conditional sale. Castillo had until October 2, 2000, six months from April 5, 2000 when the parties
signed the deed of conditional sale, to clear the land of the tenants.
Olivarez Realty Corporation, therefore, had no right to withhold payments of the purchase
price. As the trial court ruled, Olivarez Realty Corporation can only claim non-compliance [of the
obligation to clear the land of the tenants in] October 2000.
The claim that Castillo sold the property to another is fictitious and was made in bad faith to
prevent the trial court from rendering summary judgment. Petitioners did not elaborate on this
defense and insisted on revealing the identity of the buyer only during trial. Even in their petition for
review on certiorari, petitioners never disclosed the name of this alleged buyer. Thus, as the trial court
ruled, this defense did not tender a genuine issue of fact, with the defense bereft of details.
As demonstrated, there are no genuine issues of material fact in this case. These are issues
that can be resolved judiciously by plain resort to the pleadings, affidavits, depositions, and other
papers on file. As the trial court found, Olivarez Realty Corporation illegally withheld payments of the
purchase price. The trial court did not err in rendering summary judgment.
Castillo is entitled to cancel the contract of conditional sale, since Olivarez Realty Corporation
illegally withheld payments of the purchase price, Castillo is entitled to cancel his contract with
petitioner corporation. However, we properly characterize the parties contract as a contract to sell,
not a contract of conditional sale.In both contracts to sell and contracts of conditional sale, title to the
property remains with the seller until the buyer fully pays the purchase price.Both contracts are
subject to the positive suspensive condition of the buyers full payment of the purchase price.
In a contract of conditional sale, the buyer automatically acquires title to the property upon full
payment of the purchase price his transfer of title is by operation of law without any further act having
to be performed by the seller. In a contract to sell, transfer of title to the prospective buyer is not
automatic.The prospective seller [must] convey title to the property [through] a deed of conditional
sale.
The distinction is important to determine the applicable laws and remedies in case a party
does not fulfill his or her obligations under the contract. In contracts of conditional sale, our laws on
sales under the Civil Code of the Philippines apply. On the other hand, contracts to sell are not
governed by our law on sales but by the Civil Code provisions on conditional obligations.
Specifically, Article 1191 of the Civil Code on the right to rescind reciprocal obligations does
not apply to contracts to sell, As this court explained in Ong v. Court of Appeals, failure to fully pay
the purchase price in contracts to sell is not the breach of contract under Article 1191. Failure to fully
pay the purchase price is merely an event which prevents the [sellers] obligation to convey title from
acquiring binding force. This is because there can be no rescission of an obligation that is still nonBeltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Spouses Manzanilla leased a 6,000sqm portion of their 25,000sqm land to Waterfields, as
represented by its President Aliza R. Ma (Ma). Beginning April 1997, however, Waterfields failed to
pay the monthly rental. Hence, demand to pay and vacate was made to Waterfields but the same
remained unheeded.
The MTC found Mas letter of July 9, 1997 to have amended the Contract of Lease. In
particular, Section 4 of the Contract of Lease which provides that the rental deposit shall answer for
any unpaid rentals, damages, penalties and unpaid utility charges was superseded by the portion in
Mas July 9, 1997 letter which states that the deposit stipulated in our lease contract shall be used
exclusively for the payment of unpaid utilities, if any, and other incidental expenses only and applied
at the termination of the lease. Consequently, the MTC declared that Waterfields violated the lease
agreement due to non-payment of rentals and disposed of the case as follows. RTC affirmed.
The CA, however, had a different take. It gave weight to the spouses Manzanillas allegation
that they terminated the Contract of Lease. Upon such termination, it held that the rental deposit
should have been applied as payment for unpaid utilities and other incidental expenses, if any.
Issue: Whether or not CA decided a question of substance not in accord with laws and applicable
decisions of this honorable court when it held that the provisions of Art. 1278 of the New Civil Code
was applicable and that compensation had taken place?
Held: There can be no issue as to the due execution, effectivity and enforceability of Mas July 9,
1997 letter since aside from the fact that Waterfields itself admitted in its Answer that the Contract of
Lease was amended on July 9, 1997, the MTC and the RTC had uniformly ruled that the said letter
operates as an amendment to the original contract. And as the rental deposit cannot be applied as
payment for the monthly rentals pursuant to the amendment, Waterfields is considered in default in its
payment thereof. Conversely, Waterfields has committed a violation of the Contract of Lease which
gave rise to a cause of action for ejectment against it.
By: Parlade, Julie Pearl Claudine T.
Whether Meralco is entitled to actual damages, attorney's fees, and expenses of litigation.
Held:
(1) Bautista did not exercise due diligence. Bautista's negligence was the proximate cause of the
property damage caused to Meralco. Bautista is presumed to be negligent in driving the truck under
the doctrine of res ipsa loquitur.
Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. This fault or negligence, if there is no pre-existing contractual
relation between the parties, is called quasi-delict. Thus, for a quasi-delict case to prosper, the
complainant must establish: (1) damages to the complainant; (2) negligence, by act or omission, of
the defendant or by some person for whose acts the defendant must respond, was guilty; and (3) the
connection of cause and effect between such negligence and the damages. With respect to the third
element, the negligent act or omission must be the proximate cause of the injury.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Contrary to the CA's finding, the parties did not stipulate that the truck hit the electricity post.
The pre-trial order shows that the parties merely agreed that the truck "was involved in an accident on
April 21, 1991. Nonetheless, Meralco has sufficiently established the direct causal link between the
truck and the electricity post through Abio's testimony. Abio categorically stated during trial that he
saw the truck hit the electricity post. We find his first-hand account of the incident during the directexamination frank and straightforward. Even without Abio's testimony, it does not escape this Court's
attention that Josefa judicially admitted in his motions and pleading that his truck hit the electricity
post. These statements constitute deliberate, clear and unequivocal admissions of the causation in
fact between the truck and the electricity post.
Contrary to the CA's opinion, the finding that it was the truck that hit the electricity post would
not immediately result in Josefa's liability. It is a basic rule that it is essentially the wrongful or
negligent act or omission that creates the vinculum juris in extra-contractual obligations. In turn, the
employee's negligence established to be the proximate cause of the damage would give rise to the
disputable presumption that the employer did not exercise the diligence of a good father of a family in
the selection and supervision of the erring employee.
The procedural effect of res ipsa loquitur in quasi-delict cases is that the defendant's
negligence is presumed. For this doctrine to apply, the complainant must show that: (1) the accident
is of such character as to warrant an inference that it would not have happened except for the
defendant's negligence; (2) the accident must have been caused by an agency or instrumentality
within the exclusive management or control of the person charged with the negligence complained of;
and (3) the accident must not have been due to any voluntary action or contribution on the part of the
person injured. The present case satisfies all the elements of res ipsa loquitur. It is very unusual and
extraordinary for the truck to hit an electricity post, an immovable and stationary object, unless
Bautista, who had the exclusive management and control of the truck, acted with fault or negligence.
We cannot also conclude that Meralco contributed to the injury since it safely and permanently
installed the electricity post beside the street. Thus, in Republic v. Luzon Stevedoring Corp., we
imputed vicarious responsibility to Luzon Stevedoring Corp. whose barge rammed the bridge, also an
immovable and stationary object.
(2) YES. Josefa is vicariously liable under paragraph 5, Article 2180 of the Civil Code because there
is an employer-employee relations between Bautista and Josefa, and Josefa failed to show that he
exercised the diligence of a good father of a family in the selection and supervision of Bautista.
The finding that Bautista acted with negligence in driving the truck gives rise to the application
of paragraph 5, Article 2180 of the Civil Code which holds the employer vicariously liable for damages
caused by his employees within the scope of their assigned tasks. In the present case, Josefa avoids
the application of this provision by denying that Bautista was his employee at the time of the incident.
Josefa cannot evade his responsibility by mere denial of his employment relations with
Bautista in the absence of proof that his truck was used without authorization or that it was stolen
when the accident occurred. In quasi-delict cases, the registered owner of a motor vehicle is the
employer of its driver in contemplation of law. The registered owner of any vehicle, even if not used
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
(2) YES. The Court finds that the interest and penalty charges imposed by SBC are just, and not
excessive or unconscionable.
SBC's 16% rate of interest is not computed per month, but rather per annum or only 1.33% per
month. In Spouses Bacolor v. Banco Filipino Savings and Mortgage Bank, the Court held that the
interest rate of 24% per annum on a loan of P244,000.00 is not considered as unconscionable and
excessive. As such, the Court ruled that the debtors cannot renege on their obligation to comply with
what is incumbent upon them under the contract of loan as they are bound by its stipulations. Also,
the 24% per annum rate or 2% per month for the penalty charges imposed on account of default,
cannot be considered as skyrocketing. The enforcement of penalty can be demanded by the creditor
in case of non-performance due to the debtor's fault or fraud. The non-performance gives rise to the
presumption of fault and in order to avoid the penalty, the debtor has the burden of proving that the
failure of the performance was due to either force majeure or the creditor's own acts. In the instant
case, petitioner failed to discharge said burden and thus cannot avoid the payment of the penalty
charge agreed upon.
By: Ellaine Janica T. Galias
HEIRS OR REYNALDO DELA ROSA, Namely: TEOFISTA DELA ROSA, JOSEPHINE SANTIAGO
AND JOSEPH DELA ROSA, vs. MARIO A. BA TONGBACAL, IRENEO BATONGBACAL,
JOCELYN BA TONGBACAL, NESTOR BATONGBACAL AND LOURDES BA TONGBACAL.
G.R. No. 179205.July 30, 2014
Perez
Facts:
The subject property consists of a 3, 750 square meter-portion of the 15,00 square
meters parcel of land situated in Barrio Saog, Marilao, Bulacan denominated as Lot No. 1, and
registered under Transfer Certificate of Title (TCT) No. T-107449 under the names of Reynaldo Dela
Rosa (Reynaldo), Eduardo Dela Rosa (Eduardo), Araceli Dela Rosa (Araceli) and Zenaida Dela Rosa
(Zenaida).
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Sometime in 1984, Reynaldo offered to sell the subject property to Guillermo Batongbacal
(Guillermo) and Mario Batongbacal (Mario) for P50.00 per square meter or for a total of P187,500.00.
Pursuant to the agreement, Reynaldo received an advance payment of P31,500.00 leaving a balance
of P156,000.00. As shown in the document denominated as Resibo and signed by Reynaldo on 18
February 1987, the parties agreed that the amount of P20,000.00 as part of the advance payment
shall be paid upon the delivery of the Special Power-of-Attorney (SPA), which would authorize
Reynaldo to alienate the subject property on behalf of his co-owners and siblings namely, Eduardo,
Araceli and Zenaida. The balance thereon shall be paid in P10,000.00 monthly installments until the
purchase price is fully settled.
Subsequent to the execution of the said agreement, Mario and Guillermo, on their own
instance, initiated a survey to segregate the area of 3,750 square meters from the whole area
covered by the TCT. As a result, they came up with a subdivision plan specifically designating the
subject property. Mario and Guillermo thereafter made several demands from Reynaldo to deliver the
SPA as agreed upon, but such demands all went unheeded.
Consequently, Guillermo and Mario initiated an action for Specific Performance or Rescission
and Damages before the Regional Trial Court (RTC) of Malolos, Bulacan, seeking to enforce their
Contract to Sell and they asserted that they have a better right over the subject property and alleged
that the subsequent sale thereof effected by Reynaldo to third persons is void as it was done in bad
faith. It was prayed in the Complaint that Reynaldo be directed to deliver the SPA and, in case of its
impossibility, to return the amount of P31,500.00 with legal interest and with damages in either case.
To protect their interest, they executed a Notice of Lis Pendens over the title of the property and
registered their claim thereon.
Reynaldo in his Answer countered that the purported Contract to Sell is void, because he
never gave his consent thereto. Reynaldo insisted that he was made to understand that the contract
between him and the Batongbacals was merely an equitable mortgage whereby it was agreed that
the latter will loan to him the amount of P3l, 500.00 payable once he receives his share in the
proceeds of the sale of the land registered under TCT No. T-107449.
RTC, dismissed the civil case for failure of the plaintiffs to produce sufficient evidence and
ordered Reynaldo to return the sum of P28,000.00 with 12% annual interest for failure to prove that
the contract entered with Mario was an equitable mortgage. It was held by the trial court, however,
that the supposed Contract to Sell denominated as Resibo is unenforceable under Article 1403 of the
New Civil Code because Reynaldo cannot bind his co-owners into such contract without an SPA
authorizing him to do so
On appeal, the Court of Appeals brushed aside the claim of equitable mortgage and held that
the sale effected by Reynaldo of his undivided share in the property is valid and enforceable.
According to the appellate court, no SPA is necessary for Reynaldo's disposition of his undivided
share as it is limited to the portion that may be allotted to him upon the termination of the coownership. The appellate court thus proceeded to rescind the contract and ordered Reynaldo to
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Before filing its comment to the petition, AIC moved for the issuance of awrit of execution, not
for the amount of P17,495,117.44 awarded in the Final Award, but for the increased amount of
P18,967,318.49.
Issues: 1. Whether or not AIC was entitled to its claims for damages as a result of project delays, and
2. Whether or not CA erred in increasing the award of damages?
Held:
1. Jurisprudence teaches that mathematical computations as well as the propriety of the arbitral
awards are factual determinations. The Court finds no reason to disturb the factual findings of the
CIAC Arbitral Tribunal on the matter of AICs entitlement to damages which the CA affirmed as being
well supported by evidence and properly referred to in the record. It is well-settled that findings of fact
of quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to
specific matters, are generally accorded not only respect, but also finality, especially when affirmed
by the CA. The CIAC possesses that required expertise in the field of construction arbitration and the
factual findings of its construction arbitrators are final and conclusive, not reviewable by this Court on
appeal.
2. While the CA correctly affirmed in full the CIAC Arbitral Tribunals factual determinations, it
improperly modified the amount of the award in favor of AIC, which modification did not observe the
proper procedure for the correction of an evident miscalculation of figures, including typographical or
arithmetical errors, in the arbitral award. Section 17.1 of the CIAC Rules mandates the filing of a
motion for the foregoing purpose within fifteen (15) days from receipt thereof. Failure to file said
motion would consequently render the award final and executory under Section 18. 1 of the same
rules.
The Arbitral Tribunal eventually denied AICs aforesaid motion for execution because, despite
its merit, the Arbitral Tribunal could not disregard the time-limitation under the CIAC Rules.
By: Parlade, Julie Pearl Claudine T.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
August 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue: Whether or not the inclusion of the legal interest in the writ of execution despite the silence of
the Court in the dispositive portion of its judgment which has become final and executory is valid.
Held: YES, it is valid.
It is true that a decision that has attained finality becomes immutable and unalterable and
cannot be modified in any respect, even if the modification was meant to correct erroneous
conclusions of fact and law, and whether the modification was made by the court that rendered it or
by this Court as the highest court of the land. Any attempt on the part of the x x x entities charged
with the execution of a final judgment to insert, change or add matters not clearly contemplated in the
dispositive portion violates the rule on immutability of judgments." The rule is that in case of ambiguity
or uncertainty in the dispositive portion of a decision, the body of the decision may be scanned for
guidance in construing the judgment. After scrutiny of the subject decision, nowhere can it be found
that the Court intended to delete the award of legal interest especially that, as Diesel argues, it was
never raised. In fact, what the Court carefully reviewed was the principal amount awarded as well as
the liquidated damages because they were specifically questioned. Recall that the CA modified the
awards granted by the CIAC, but not the legal interest. In finally resolving the controversy, the
Court affirmed the amount of unpaid balance of the contract price in favor of Diesel but expressly
deleted the award of liquidated damages. There being no issue as to the legal interest, the Court did
not find it necessary anymore to disturb the imposition of such. Thus, contrary to UPSIs argument,
there is no substantial variance between the March 24, 2008 final and executory decision of the Court
and the writ of execution issued by the CIAC to enforce it. The Courts silence as to the payment of
the legal interests in the dispositive portion of the decision is not tantamount to its deletion or reversal.
The CA was correct in holding that if such was the Courts intention, it should have also expressly
declared its deletion together with its express mandate to remove the award of liquidated damages to
UPSI.
Corollarily, had the inclusion of the legal interest in the writ been violative of the rule on
immutability of judgment, the CIAC would not have granted it. Consequently, the Court, in Nacar vs.
Gallery Frames, instructs:
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
I. When an obligation, regardless of its source, i.e., law, contracts, quasi-contracts, delicts or quasidelicts is breached, the contravenor can be held liable for damages. The provisions under Title XVIII
on "Damages" of the Civil Code govern in determining the measure of recoverable damages.
II. With regard particularly to an award of interest in the concept of actual and compensatory
damages, the rate of interest, as well as the accrual thereof, is imposed, as follows:
When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan or
forbearance of money, the interest due should be that which may have been stipulated in writing.
Furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. In
the absence of stipulation, the rate of interest shall be 6% per annum to be computed from default,
i.e., from judicial or extrajudicial demand under and subject to the provisions of Article 1169 of the
Civil Code.
When an obligation, not constituting a loan or forbearance of money, is breached, an interest on the
amount of damages awarded may be imposed at the discretion of the court at the rate of 6% per
annum. No interest, however, shall be adjudged on unliquidated claims or damages, except when or
until the demand can be established with reasonable certainty. Accordingly, where the demand is
established with reasonable certainty, the interest shall begin to run from the time the claim is made
judicially or extrajudicially (Art. 1169, Civil Code), but when such certainty cannot be so reasonably
established at the time the demand is made, the interest shall begin to run only from the date the
judgment of the court is made (at which time the quantification of damages may be deemed to have
been reasonably ascertained). The actual base for the computation of legal interest shall, in any case,
be on the amount finally adjudged.
When the judgment of the court awarding a sum of money becomes final and executory, the rate of
legal interest, whether the case falls under paragraph 1 or paragraph 2, above, shall be 6% per
annum from such finality until its satisfaction, this interim period being deemed to be by then an
equivalent to a forbearance of credit.
And, in addition to the above, judgments that have become final and executory prior to July 1,
2013, shall not be disturbed and shall continue to be implemented applying the rate of interest fixed
therein.
Following the foregoing ruling by the Court, the legal interest remains at 6% and 12% per annum, as
the case may be, since the judgment subject of the execution became final on March 24, 2008.
Interests accruing after July 1, 2013, however, shall be at the rate of 6% per annum.
By: Jo Ann Liza M. Narag
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: On September 7, 2006, Haydyn Hernandez (respondent) filed a Complaint for specific
performance, with damages, against Emir Realty and Development Corporation (EMIR) and ECE
Realty and Development Incorporated (ECE) before the Housing and Land Use Regulatory Board
Expanded National Capital Region Field Office (HLURB-Regional Office) for failure of latter to deliver
the 30 sqm. condominium unit in the agreed period. This is also despite the payment respondent a
total of P452,551.65. Moreover, the respondent discovered that Unit 808 contained only 26 sq m, not
30 sq m as contracted, thus, he asked for a corresponding reduction in the price by P120,000.00,
based on the price per sq m of P30,000.00. Instead, EMIR and ECE demanded that he settle all his
amortizations in arrears with interest.
Sometime in 2005, the respondent learned that unit were sold to a third party. HLURBRegional Office ordered EMIR and ECE to reimburse the respondent the amount of P452,551.65,
plus legal interest, from the filing of the complaint, and to pay the respondent P50,000.00 as
moral damages, P50,000.00 as attorneys fees, and P50,000.00 as exemplary damages. ECE and
EMIR appealed to HLURB Board of Commissioners which upheld the decision but dropped EMIR as
respondent. ECE then appealed to the OP. OP dismissed the appeal and ECEs MR. On petition to
review before the CA, the decision of the OP was affirmed with modification deleting award of moral
and exemplary damages. Hence this petition.
Issue(s): Whether or not CA is correct in its decision in the imposition of six (6) percent being the
amount refunded is neither a loan nor a forbearance of money, goods or credit and the interest
imposed after finality at the legal rate at 12%.
Held: YES. The SC affirmed the CA decision with modification by reducing the interest imposable
after finality from 12% to 6 %.
From the finality of the judgment awarding a sum of money until it is satisfied, the award shall
be considered a forbearance of credit. Pursuant to Central Bank Circular No. 416 issued on July 29,
1974, in the absence of written stipulation the interest rate to be imposed in judgments involving a
forbearance of credit was twelve percent (12%) per annum, up from six percent (6%) under Article
2209 of the Civil Code. This was reiterated in Central Bank Circular No. 905, which suspended the
effectivity of the Usury Law beginning on January 1, 1983.
But since July 1, 2013, the rate of twelve percent (12%) per annum from finality of the
judgment until satisfaction has been brought back to six percent (6%). Section 1 of Resolution No.
796 of the Monetary Board of the Bangko Sentral ng Pilipinas dated May 16, 2013 provides: The rate
of interest for the loan or forbearance of any money, goods or credits and the rate allowed in
judgments, in the absence of an express contract as to such rate of interest, shall be six percent (6%)
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Simplicio and Marta Valles were registered owners of a lot designated Lot 835. It appeared
that they sold the lot, by way of notarized Deeds of Sale, to Simplicios daughter, Adelaida; their
brothers Melquiades and Rustico; and Martas daughter Encarnacion. Melquiades sold his parcel, Lot
835-B, to Encarnacion and Roberto Araza, who later sold the lot to Robertos Aunt, Soledad Araza.
Soledad later sold the parcel to the Spouses Joaquin Manguardia and Susan Manalo (Spouses
Manguardia). Rustico sold his part of the lot, Lot 835-D, to Pedro and Soledad Araza, who later sold
the parcel to the Spouses Leonardo and Rebecca Araza (Spouses Araza). Thereafter, the heirs of
Simplicio and Marta Valles (Respondents) commenced an action for the Declaration of Nullity of
Certificates of Title and Deeds of Sale, Cancellation of Certificates of Title, Recovery of Possession
and Damages against the heirs of spouses Manguardia and the heirs of spouses Leonardo and
Rebecca (Petitioners) before the Regional Trial Court (RTC). Respondents alleged that Simplicio and
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Pinzman Realty and Development Corporation (Respondent) obtained a loan in the amount of
PHP 3,000,000.00 from Anchor Savings Bank (Petitioner) secured by a mortgage over lots owned by
Marilyn Maalac (Maalac). Maalac also executed a Promissory Note and Disclosure Statement in
favor of the petitioner in the total amount of P3,308,447.74 which amount already included payment
for three months interest. There were no stipulations on the interest rate for the entire debt. Of the
three checks issued by Maalac in payment of the obligation, only the first was cleared, leaving a
balance of PHP 3,012,525.32. When she received the Second Notice of Extrajudicial Foreclosure, the
principal amount was PHP 4,577,269.42, excluding penalties, charges, attorneys fees and costs of
foreclosure. Petitioner appeared to have applied an interest rate of 30.33%. Private respondents filed
a Complaint for the Annulment of Extrajudicial Foreclosure of Mortgaged Properties, Auction Sale,
Certificate of Sale and Damages against the petitioner before the Regional Trial Court (RTC) alleging
that the amount demanded in the Notice of Extrajudicial Sale was exorbitant and excessive and
contending that the proper amount should only be PHP 3,825,907.16 if the balance of the loan were
computed with interest at the rate of 3% reckoned from the date of last payment. The RTC dismissed
the Complaint finding did not take any measures to enjoin the foreclosure sale despite their
knowledge of the alleged usurious interest charges. The Court of Appeals (CA) reversed the
Decision, finding that the Promissory Note and Disclosure Statement did not contain any stipulation
on the rate of interest. Thus, the CA held that petitioner erred in unilaterally imposing an interest rate
of 30.33% on the unpaid portion of the loan. Instead, the CA applied an interest rate of 12% per
annum.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Held: The ownership of the improvements did not pass to the government and F.F. Cruz remained to
be the owner of the improvements, notwithstanding that project had not been completed. The COA
concluded that after the six (6)-year period, F.F. Cruz was automatically deemed to be in delay, the
contract considered as completed, and the ownership of the structures built in accordance with the
MOA transferred to the City of Mandaue. But this position was erroneous, because a reading of the
contract of reclation showed that the period of six (6) years was an estimate and not a day certain in
the context of Article 1193, the first paragraph of which provides that Obligations for whose fulfillment
a day certain has been fixed, shall be demandable only when that day comes. Thus, the lapse of six
(6) years from the perfection of the contract did not, by itself, make the obligation to finish the
reclamation project demandable, such as to put the obligor in a state of actionable delay for its
inability to finish. Thus, F.F. Cruz was not in delay. The lapse of six (6) years from the perfection of
the subject reclamation contract, without more, could not have automatically vested Mandaue City,
under the MOA, with ownership of the structures.
Even if the allotted six (6) years within which F.F. Cruz was the completion date of the reclamation
project, the lapse thereof does not automatically mean that F.F. Cruz was in delay. As may be noted,
the City never made a demand for the fulfillment of its obligation under the Contract of Reclamation.
The first paragraph of Article 1169 provides: Those obliged to deliver or to do something incur in
delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their
obligation. Here, the records were bereft of any document whence to deduce that the City of
Mandaue exacted from F.F. Cruz the fulfillment of its obligation under the reclamation contract. As it
were, the Mandaue-F.F.Cruz MOA states that the structures built by F.F. Cruz on the property of the
city will belong to the latter only upon the completion of the project. Clearly, the completion of the
project is a suspensive condition that has yet to be fulfilled. Until the condition arises, ownership of
the structures properly pertains to F.F. Cruz.
By: Leonardo Dingayan
RPB filed a Motion to Dismiss the subject Complaint on the ground that petitioner and her coheirs had no valid cause of action and that they have no primary legal right which is enforceable and
binding against RPB.
RTC rendered judgment, dismissing the Complaint of petitioner and her co-heirs for lack of
merit. Respondents' Counterclaim was likewise dismissed.
Petitioner filed an appeal with the CA contending that the judicial deposit or consignation of the
money was valid and binding and produced the effect of payment of the purchase price of the subject
lots. CA denied the above appeal for lack of merit and affirmed the disputed RTC Decision.
Petitioner and her co-heirs filed a Motion for Reconsideration, but it was likewise denied by the
CA. Hence, the present petition for review on certiorari.
Issue: Whether or not that the consignation of the Petitioner and her co-heirs made was a judicial
deposit based on a final judgment and, as such, does not require compliance with the requirements of
Articles 1256 and 1257 of the Civil Code.
Held: Consignation is the act of depositing the thing due with the court or judicial authorities
whenever the creditor cannot accept or refuses to accept payment, and it generally requires a prior
tender of payment. It should be distinguished from tender of payment which is the manifestation by
the debtor to the creditor of his desire to comply with his obligation, with the offer of immediate
performance. Tender is the antecedent of consignation, that is, an act preparatory to the
consignation, which is the principal, and from which are derived the immediate consequences which
the debtor desires or seeks to obtain. Tender of payment may be extrajudicial, while consignation is
necessarily judicial, and the priority of the first is the attempt to make a private settlement before
proceeding to the solemnities of consignation. Tender and consignation, where validly made,
produces the effect of payment and extinguishes the obligation.
In the instant case, the Court finds no cogent reason to depart from the findings of the CA and
the RTC that petitioner and her co-heirs failed to make a prior valid tender of payment to
respondents.
It is settled that compliance with the requisites of a valid consignation is mandatory. Failure to
comply strictly with any of the requisites will render the consignation void. One of these requisites is a
valid prior tender of payment.
Under Article 1256, the only instances where prior tender of payment is excused are: (1) when
the creditor is absent or unknown, or does not appear at the place of payment; (2) when the creditor
is incapacitated to receive the payment at the time it is due; (3) when, without just cause, the creditor
refuses to give a receipt; (4) when two or more persons claim the same right to collect; and (5) when
the title of the obligation has been lost. None of these instances are present in the instant case.
Hence, the fact that the subject lots are in danger of being foreclosed does not excuse petitioner and
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
September 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Petitioner is engaged in the building and development of condominium units. In 1995, it started
a project condominium building in Pasay. However, printed advertisements were made indicating
therein that the said project was to be built in Makati. In December 1995, respondent agreed to buy a
unit and on 18 June 1996, both parties executed a Contract to Sell wherein it was indicated that the
project is located in Pasay. More than two years after the execution of the Contract to Sell, Mandap
demanded the return of the payments she made on the ground that she discovered that the project
was being built in Pasay and not in Makati as was advertised. The demand was unheeded, prompting
her to file a complaint with the HLURB which was dismissed and later on, the Office of the President
had the same verdict. On appeal with the CA, the earlier decisions were reversed, now prompting the
petitioner to elevate the case before the SC.
Issue: Was there fraud in the execution of the Contract to Sell?
Held: There was no fraud.
Case law has shown that in order to constitute fraud that provides basis to annul contracts, it
must fulfil two conditions. First, the fraud must be dolo causante or it must be fraud in obtaining the
consent of the party. Second, fraud must be proven by clear and convincing evidence and not just by
preponderance of evidence. In the case, petitioner was guilty of false representation of a fact but this
does not constitute causal fraud which would have served as basis for annulling the contract. Mandap
failed to prove that the location of the project was the causal consideration which led her into buying
her unit in the project. Assuming arguendo that the misrepresentation consists of fraud, Mandaps act
of signing the contract, after knowing the propertys actual location, can be construed as an implied
ratification thereof under Article 1393 of the Civil Code.
By: Clara Maria Beatriz S. Calayan
MEYER ENTRPRISES VS CORDERO
GR No. 197336. 3 September 2014
Facts: Petitioner filed an action for damages against respondent for the caused by the latters dike
constructed which disrupted the flow of the sea, causing damage to petitioners property. He prayed
for moral, exemplary and actual damages.
Defendant says he is merely doing what has been authorized by the city government and that
the petitioners quarrying was the proximate cause of the damage. He prayed for moral and
exemplary damages plus litigation expenses. The trial court dismissed petitioners action, ordering
petitioner to pay damages to respondent.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Petitioner lent P350,000 to respondent without a specified maturity date at 6% monthly
interest. Respondent failed to pay, so petitioner filed a complaint for collection. Respondent claims
the interest rate is unconscionable. Interest rate upheld by the RTC and increased by the CA to 12%
Issue: Was the CA correct in increasing the interest?
Held: The lack of a written stipulation to pay interest on the loaned amount disallows a creditor from
charging monetary interest.
Under Article 1956 of the Civil Code, no interest shall be due unless it has been expressly
stipulated in writing. Jurisprudence on the matter also holds that for interest to be due and payable,
two conditions must concur: a) express stipulation for the payment of interest; and b) the agreement
to pay interest is reduced in writing.
Here, it is undisputed that the parties did not put down in writing their agreement. Thus, no
interest is due. The collection of interest without any stipulation in writing is prohibited by law.
Even if the payment of interest has been reduced in writing, a 6% monthly interest rate on a
loan is unconscionable, regardless of who between the parties proposed the rate.
By: Jimmy Jerard Castro
NAPOCOR VS TARCELO
GR. No. 198939. September 8 2014
Facts: Petitioner filed action in court to expropriate lots belonging to private respondent. The purpose
is to lay underground pipelines. They are disputing the amount of just compensation to be paid.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Petitioner filed action to expropriate the property of respondent for the purpose of laying
transmission lines. Expropriation case dismissed for failure to prosecute. Sometime later,
respondents file action for payment of compensation and damages, alleging petitioner did not pay.
RTC orders the payment of P1000/sqm. CA ruled that the rules on expropriation did not apply, and
the case was simply a claim for damages.
Issue: Does the rules on expropriation apply?
Held: The procedure for determining just compensation is set forth in Rule 67 of the 1997 Rules of
Civil Procedure. Section 5 of Rule 67 partly states that upon the rendition of the order of
expropriation, the court shall appoint not more than three (3) competent and disinterested persons as
commissioners to ascertain and report to the court the just compensation for the property sought to
be taken. Records show that sometime in 1990, NPC filed an expropriation case docketed as Civil
Case No. IR-2243. However, in an Order dated July 12, 1994, the expropriation case was dismissed
by the RTC for failure of NPC to prosecute. Subsequently, or on December 5, 1994, respondents
filed Civil Case No. IR-2678 which is a complaint for compensation and recovery of damages.
Nevertheless, just compensation for the property must be based on its value at the time of the
taking of said property, not at the time of the filing of the complaint. Consequently, the RTC should
have fixed the value of the property at the time NPC took possession of the same in 1990, and not at
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
When an obligation, regardless of its source, i.e., law, contracts, quasi-contracts, delicts or quasidelicts is breached, the contravenor can be held liable for damages. The provisions under Title
XVIII on "Damages" of the Civil Code govern in determining the measure of recoverable damages.
II.
With regard particularly to an award of interest in the concept of actual and compensatory
damages, the rate of interest, as well as the accrual thereof, is imposed, as follows:
1. When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan
or forbearance of money, the interest due should be that which may have been stipulated in
writing. Furthermore, the interest due shall itself earn legal interest from the time it is judicially
demanded. In the absence of stipulation, the rate of interest shall be 6% per annum to be
computed from default, i.e., from judicial or extrajudicial demand under and subject to the
provisions of Article 1169 of the Civil Code.
2. When an obligation, not constituting a loan or forbearance of money, is breached, an interest
on the amount of damages awarded may be imposed at the discretion of the court at the rate
of 6% per annum. No interest, however, shall be adjudged on unliquidated claims or damages,
except when or until the demand can be established with reasonable certainty. Accordingly,
where the demand is established with reasonable certainty, the interest shall begin to run from
the time the claim is made judicially or extrajudicially (Art. 1169, Civil Code), but when such
certainty cannot be so reasonably established at the time the demand is made, the interest
shall begin to run only from the date the judgment of the court is made (at which time the
quantification of damages may be deemed to have been reasonably ascertained). The actual
base for the computation of legal interest shall, in any case, be on the amount finally adjudged.
3. When the judgment of the court awarding a sum of money becomes final and executory, the
rate of legal interest, whether the case falls under paragraph 1 or paragraph 2, above, shall be
6% per annum from such finality until its satisfaction, this interim period being deemed to be
by then an equivalent to a forbearance of credit.
It should be noted, however, that the new rate could only be applied prospectively and not
retroactively. Consequently, the 12% per annum legal interest shall apply only until June 30, 2013.
Come July 1, 2013, the new rate of 6% per annum shall be the prevailing rate of interest when
applicable. Thus, the need to determine whether the obligation involved herein is a loan and
forbearance of money nonetheless exists.
In the absence of any stipulation as to interest in the agreement between the parties herein,
the matter of interest award arising from the dispute in this case would actually fall under the second
paragraph of the above-quoted guidelines in the landmark case of Eastern Shipping Lines, which
necessitates the imposition of interest at the rate of 6%, instead of 12% imposed by the courts below.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
PEDRITO DELA TORRE vs. DR. ARTURO IMBUIDO, DRA. NORMA IMBUIDO in their capacity
as owners and operators of DIVINE SPIRIT GENERAL
HOSPITAL and/or DR. NESTOR PASAMBA
G.R. No. 192973, 29 September 2014
Facts: The case stemmed from a complaint for damages filed by Pedrito against herein respondents.
Pedrito alleged in his complaint that he was married to one Carmen Castillo Dela Torre (Carmen),
who died while admitted at the Divine Spirit General Hospital on February 13, 1992. Carmen was due
to give birth on February 2, 1992 and was brought at around 11:30 p.m. on that day by Pedrito to the
Divine Spirit General Hospital. When Carmen still had not delivered her baby at the expected time,
Dr. Norma discussed with Pedrito the possibility of a caesarean section operation. Carmen was
brought to the hospitals operating room for her caesarian section operation, which was to be
performed by Dr. Nestor. On February 10, 1992, Pedrito noticed that Carmens stomach was getting
bigger, but Dr. Norma dismissed the patients condition as mere flatulence (kabag). The condition of
Carmen, however, did not improve. It instead worsened that on February 13, 1992, she vomited dark
red blood. At 9:30 p.m. on the same day, Carmen died. An autopsy report prepared by Dr. Richard
Patilano (Dr. Patilano), Medico-Legal Officer-Designate of Olongapo City, however, provided that the
cause of Carmens death was shock due to peritonitis, severe, with multiple intestinal adhesions;
Status post C[a]esarian Section and Exploratory Laparotomy. The Regional Trial Court (RTC) of
Olongapo City, Branch 75, rendered its Decision in favor of Pedrito. The trial court gave greater
weight to the testimony of Dr. Patilano. On appeal, the CA rendered its Decision reversing and setting
aside the decision of the RTC. For the appellate court, it was not established that the respondents
failed to exercise the degree of diligence required of them by their profession as doctors.
Issue: WON the respondents should be held liable for the death of Carmen.
Held: NO. The SC ruled that in medical negligence cases, there is a physician-patient relationship
between the doctor and the victim, but just like in any other proceeding for damages, four essential
elements must be established by the plaintiff, namely: (1) duty; (2) breach; (3) injury; and (4)
proximate causation. All four elements must be present in order to find the physician negligent and,
thus, liable for damages. To justify an award of damages, the negligence of the doctor must be
established to be the proximate cause of the injury. The Court agrees with the CA that the report and
testimony of Dr. Patilano failed to justify Pedritos entitlement to the damages awarded by the RTC.
Considering that it was not duly established that Dr. Patilano practiced and was an expert in the fields
that involved Carmens condition, he could not have accurately identified the said degree of care,
skill, diligence and the medical procedures that should have been applied by her attending
physicians. As the Court held in Spouses Flores v. Spouses Pineda, the critical and clinching factor in
a medical negligence case is proof of the causal connection between the negligence and the injuries.
The claimant must prove not only the injury but also the defendant's fault, and that such fault caused
the injury. A verdict in a malpractice action cannot be based on speculation or conjecture. Causation
must be proven within a reasonable medical probability based upon competent expert testimony
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
October 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
and
CGACs liability should, as the CA correctly ruled, be confined to the amount of P1,000,000.00,
not
P500,000.00
as
the
latter
purports.
Section 4(b), Rule 58 of the Rules provides that the injunction bond is answerable for all
damages that may be occasioned by the improper issuance of a writ of preliminary injunction.
The bond insures with all practicable certainty that the defendant may sustain no ultimate loss
in the event that the injunction could finally be dissolved. Consequently, the bond may obligate the
bondsmen to account to the defendant in the injunction suit for all: (1) such damages; (2) costs and
damages; (3) costs, damages and reasonable attorneys fees as shall be incurred or sustained by the
person enjoined in case it is determined that the injunction was wrongfully issued.
In this case, the RTC, in view of the improvident issuance Writ of Preliminary Injunction,
adjudged CGACs principals, NSSC and Orimaco, liable not only for damages as against NCOD,
Rolida, and Yap but also as against UMC. Since CGAC is answerable jointly and severally with
NSSC and Orimaco for their liabilities to the above-mentioned parties for all damages caused by the
improvident issuance of the said injunctive writ, and considering that the total amount of damages
evidently exhausts the full P1,000,000.00 amount of the injunction bond, there is perforce no reason
to reverse the assailed CA Decision even on this score.
By: GARCIA , NIKKI A.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Section 6. Assignment and Contract. The contractor shall not assign, transfer, pledge,
subcontract or make any other disposition of the contract or any part or interest therein except
with the approval of the Minister of Public Works, Transportation and Communications, the
Minister of Public Highways, or the Minister of Energy, as the case may be. Approval of the
subcontract shall not relieve the main contractor from any liability or obligation under his
contract with the Government nor shall it create any contractual relation between the
subcontractor and the Government.
A subcontract, therefore, is void only if not approved by the department secretary.
By: RESMA, JOSE CRIS G.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
FOREST HILLS GOLF AND COUNTRY CLUB, INC. vs. GARDPRO, INC..
G.R. No. 164686, 22 October 2014
BERSAMIN, J.
Facts:
Petitioner Forest Hills Golf and Country Club, Inc. (interchangeably Forest Hills or Club),
a non-profit stock corporation, was established to promote social, recreational and athletic activities
among its members. Members. In March 1993, Fil-Estate Properties, Inc., a party to a Project
Agreement to develop the Forest Hills Residential Estates and the Forest Hills Golf and Country Club,
undertook to market the golf club shares of Forest Hills for a fee. In July 1995, Fil-Estate Properties,
Inc. (FEPI) assigned its rights and obligations under the Project Agreement to Fil- Estate Golf and
Development, Inc. (FEGDI).
In 1995, FEPI and FEGDI engaged Fil-Estate Marketing Associates Inc., (FEMAI) to market
and offer for sale the shares of stocks of Forest Hills. President of FEMAI made it clear that
membership in the Club was a privilege, such that purchasers of shares of stock would not
automatically become members of the Club, but must apply for and comply with all the requirements
in order to qualify them for membership, subject to the approval of the Board of Directors.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
November 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
SPS. FELIPE SOLITARIOS AND JULIA TORDA, petitioners, vs. SPS. GASTON JAQUE AND
LILIA JAQUEs.
G.R. No. 199852, November 12, 2014
VELASCO JR., J.:
Doctrines: (1) It is further established that when doubt exists as to the true nature of the parties'
transaction, courts must construe such transaction purporting to be a sale as an equitable mortgage,
as the latter involves a lesser transmission of rights and interests over the property in controversy.
Thus, in several cases, the Court has not hesitated to declare a purported contract of sale to be an
equitable mortgage based solely on one of the enumerated circumstances under Article 1602.
(2) The only right of a mortgagee in case of non-payment of debt secured by mortgage would be to
foreclose the mortgage and have the encumbered property sold to satisfy the outstanding
indebtedness. The mortgagor's default does not operate to automatically vest on the mortgagee the
ownership of the encumbered property, for any such effect is against public policy
Facts: The property subject of this suit is a parcel of agricultural land designated as Lot 4089,
consisting of 40,608 square meters (sq. m.), and located in Calbayog, Samar. It was originally
registered in the name of petitioner Felipe Solitarios under Original Certificate of Title (OCT) No.
1249, and, thereafter, in the name of the respondents, spouses Gaston and Lilia Jaque (the Jaques),
under Transfer Certificate of Title (TCT) No. 745.
In a Complaint for Ownership and Recovery of Possession with the RTC of Calbayog City, the
respondents spouses Jaque alleged that they purchased Lot 4089 from the petitioners, spouses
Solitarios in stages. This sale is allegedly evidenced by a notarized Deed of Sale dated May 8, 1981.
Two months later, the spouses Solitarios supposedly mortgaged the remaining half of Lot 4089 to the
Jaques via a Real Estate Mortgage (REM) to secure a loan amounting to P3,000.00.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue: Whether the parties effectively entered into a contract of absolute sale or an equitable
mortgage.
Held: No. The petition is impressed with merit.
Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of the following
cases:
(1) When the price of a sale with right to repurchase is unusually inadequate;
(2) When the vendor remains in possession as lessee or otherwise;
(3) When upon or after the expiration of the right to repurchase another instrument
extending the period of redemption or granting a new period is executed;
(4) When the purchaser retains for himself a part of the purchase price;c
(5) When the vendor binds himself to pay the taxes on the thing sold;
(6) In any other case where it may be fairly inferred that the real intention of the parties
is that the transaction shall secure the payment of a debt or the performance of any other
obligation.
In any of the foregoing cases, any money, fruits, or other benefit to be received by the
vendee as rent or otherwise shall be considered as interest which shall be subject to the usury
laws.
Art. 1604. The provisions of Article 1602 shall also apply to a contract purporting to be an
absolute sale.
As evident from Article 1602 itself, the presence of any of the circumstances set forth therein
suffices for a contract to be deemed an equitable mortgage. No concurrence or an overwhelming
number is needed.
With the foregoing in mind, We thus declare that the transaction between the parties of the
present case is actually one of equitable mortgage pursuant to the foregoing provisions of the Civil
Code. It has never denied by respondents that the petitioners, the spouses Solitarios, have remained
in possession of the subject property and exercised acts of ownership over the said lot even after the
purported absolute sale of Lot 4089. This fact is immediately apparent from the testimonies of the
parties and the evidence extant on record, showing that the real intention of the parties was for the
transaction to secure the payment of a debt. Nothing more.
The intention of the parties was for the transaction to secure the payment of a debt.
To stress, Article 1602(6) of the Civil Code provides that a transaction is presumed to be an
equitable mortgage:
(6) In any other case where it may be fairly inferred that the real intention of the parties
is that the transaction shall secure the payment of a debt or the performance of any other
obligation.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
E.A. Northam entered into a Deed of Sale/Assignment with S.V. More, whereby E.A. Northam
agreed to convey, transfer, and assign all its rights over 28 pharmaceutical products in favor of S.V.
More which shall then have the right to have them sold, distributed, and marketed in the latters
name, subject to the condition that such pharmaceutical products will be exclusively manufactured by
Drugmakers based on their existing Contract Manufacturing Agreement (CMA) set to expire in
October 1993.
On October 20, 1993, S.V. More requested a copy of the existing CMA from Drugmakers, but
to no avail. Hence, on October 23, 1993, S.V. More entered into a Contract to Manufacture
Pharmaceutical Products (CMPP) with Hizon Laboratories, Inc., and, thereafter, caused the latter to
manufacture some of the pharmaceutical products covered by the Deed of Sale/Assignment. Then
the BFAD issued the corresponding Certificates of Product Registration (CPR) therefor, with S.V.
More as distributor, and Hizon Laboratories as manufacturer.
Drugmakers and Eliezer filed a Complaint for Breach of Contract and Damages against S.V.
More and Alberto, and Hizon Laboratories, and its President, Rafael H. Hizon, Jr. Petitioners denied
any liability, and alleged that the Deed of Sale/Assignment failed to state the true intention of the
parties. Further, petitioners maintained that they did not violate the stipulation in the Deed of
Sale/Assignment regarding the continuous manufacture of the subject pharmaceutical products by
Drugmakers because said stipulation did not confer to Drugmakers the exclusive right to manufacture
the said products.
The RTC ruled in favor of respondents, and ordered petitioners, Hizon Laboratories and
Rafael, to jointly and severally pay Drugmakers P6,000,000.00 as actual damages representing loss
of income and/or loss of business opportunity and damages. The CA affirmed the RTC Held but it
deleted the award for moral and exemplary damages and it absolved Rafael and Hizon Laboratories.
Issue: W/N the CA correctly affirmed petitioners liability for breach of contract.
Held: The consolidated petitions are partly meritorious.
Petitioner S.V More, through the CMPP and absent the prior written consent of respondent
Drugmakers, contracted the services of Hizon Laboratories to manufacture some of the
pharmaceutical products covered by the said contracts. Thus, since the CMPP with Hizon
Laboratories was executed on October 23, 1993, or seven (7) days prior to the expiration of the CMA
on October 30, 1993, it is clear that S.V. More who authorized the foregoing, breached the obligation
to recognize Drugmakers as exclusive manufacturer, thereby causing prejudice to the latter.
However, the award of actual damages (due to loss of profits) in the amount of P6,000,000.00 was
erroneous due to improper factual basis. The breach occurred only for a period of seven (7) days, or
from October 23, 1993 until October 30, 1993 that is, the date when the CMA expired. The CMA
from which stems S.V. Mores obligation to recognize Drugmakerss status as the exclusive
manufacturer of the subject pharmaceutical products and which was only carried over in the other two
(2) above-discussed contracts was never renewed by the parties, nor contained an automatic
renewal clause, rendering the breach and its concomitant effect, i.e., loss of profits on the part of
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue: Whether or not respondent should be paid the unpaid balance for his services.
Held: We deny the Petition.
Owen failed to execute his work in such a manner that it has no defects which destroy or lessen its
value or fitness for its ordinary or stipulated use.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
the
instant
petition
is DENIED. AFFIRMED in
toto. No
costs.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
LAND BANK OF THE PHILIPPINES, vs. JAIME K. IBARRA, ANTONIO K. IBARRA, JR., LUZ
IBARRA VDA. DE JIMENEZ, LEANDRO K IBARRA, AND CYNTHIA IBARRA-GUERREROs.
G.R. No. 182472, November 24, 2014
Peralta, J.:
Facts:
Respondents are the registered owners of a parcel of agricultural land in Pampanga. Pursuant
to the government's Land Reform Program, the Department of Agrarian Reform (DAR) acquired
6.0191 hectares of said property and placed it under the coverage of Presidential Decree (PD) No.
27. Respondents filed a Complaint for the Determination of Just Compensation before the Regional
Trial Court. Thereafter, they filed with the RTC an Omnibus Motion for the Issuance of an Order
Authorizing Plaintiffs to Withdraw Amount Deposited in their Name and Amount to be Withdrawn Must
be Fixed in Accordance with Section 18 of Republic Act (RA) No. 6657.
RTC issued an Order directing petitioner Land Bank of the Philippines to make a provisional
payment to respondents in the amount of P136,110.64. Petitioner filed its Compliance manifesting its
conformity with said Order.
The RTC rendered a Decision in favor of the plaintiff by modifying the computation of the
respondent Department of Agrarian Reform (DAR).
The
CA
ruled
that
the
computations
should
be
based
on
RA
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
No.
6657.
The issue in this case has long been laid to rest by this Court. In numerous cases, We have
repeatedly held that the seizure of landholdings or properties covered by PD No. 27 did not take
place on October 21, 1972, but upon the payment of just compensation. Indeed, acquisition of
property under the Operation Land Transfer Program under PD No. 27 does not necessarily mean
that the computation of just compensation thereof must likewise be governed by the same law. In
determining the applicable formula, the date of the payment of just compensation must be taken into
consideration for such payment marks the completion of the agrarian reform process. If the agrarian
reform process is still incomplete as when just compensation is not settled prior to the passage of RA
No. 6657, it should be computed in accordance with said law despite the fact that the property was
acquired under PD No. 27. Clearly, by law and jurisprudence, R.A. No. 6657, upon its effectivity,
became the primary law in agrarian reform covering all then pending and uncompleted processes,
with P.D. No. 27 and E.O. No. 228 being only suppletory to the said law.
It is, therefore, on equitable considerations that We base the retroactive application of RA No.
6657 for it would be highly inequitable on the part of the landowners to compute just compensation
using the values not at the time of the payment but at the time of the taking in1972, considering that
the government and the farmer-beneficiaries have already benefitted from the land.
Moreover, petitioner's contention that RA No. 6657 does not apply to tenanted rice and corn
lands is erroneous. We cannot see why Sec. 18 of RA 6657 should not apply to rice and corn
lands under PD 27. Section 75 of RA 6657 clearly states that the provisions of PD 27 and EO 228
shall only have a suppletory effect.
This eloquently demonstrates that RA 6657 includes PD 27 lands among the properties
which the DAR shall acquire and distribute to the landless. And to facilitate the acquisition
and distribution thereof, Sees. 16, 17, and 18 of the Act should be adhered to.
Attorneys fees are not ipso facto damages.
We likewise do not find any error in the CA's deletion of the award of attorney's fees in
favor of respondents for it is a settled rule that attorney's fees and litigation expenses cannot
automatically be recovered as part of damages in light of the policy that the right to litigate
should bear no premium. An adverse decision does not ipso facto justify an award of attorney's fees
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Neither do we find error in the CA's Held that petitioner cannot be made to pay for the costs of
the suit for since it is an instrumentality performing a governmental function in agrarian reform
proceedings, charged with the disbursement of public funds, it is exempt from the payment of costs of
suit under Section 1, Rule 142 of the Rules of Court.
WHEREFORE,
is AFFIRMED.
premises
considered,
the
instant
petition
is DENIED. The
Decision
Amount (P)
Source of fund
7,550,000.00 Chioks Asian Bank Savings
Account No. 2-007-03-002013, which had been credited
with the value of SBTC MC
No. 037364(P25,500,000.00)
when the latter was purchased
by Asian Bank from Chiok
pursuant to their BPLA.
10,905,350.00 (aggregate value of Asian
Bank MCs: 18,455,350.00)
7,613,000.00 Chioks Metrobank
Savings
Account No. 154-425049553
26,068,350.00
On the following day, July 6, 1995, Chiok filed a Complaint for damages with application for ex
parte restraining order and/or preliminary injunction with the Regional Trial Court (RTC) of Quezon
City against the spouses Gonzalo and Marinella Nuguid, and the depositary banks, Asian Bank and
Metrobank. The complaint was later amended to include the prayer of Chiok to be declared the legal
owner of the proceeds of the subject checks and to be allowed to withdraw the entire proceeds
thereof.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
It is also noteworthy that when the expert witness for the petitioners, Engineer Francisco
Esguerra testified as regards the lack of any adverse effect of seawater on copper concentrates,
Malayan never presented evidence of its own in refutation to Esguerras testimony. And, even if the
Court will disregard the entirety of his testimony, the effect on Malayans cause of action is nil. As
Malayan is claiming for actual damages, it bears the burden of proof to substantiate its claim. CA
decision is reversed.
BY: Brenda Dela Cruz Beltran
SEVEN BROTHERS SHIPPING CORPORATION, vs.
DMC-CONSTRUCTION RESOURCES, INC.
G.R. No. 193914, November 26, 2014
Sereno, CJ.:
Doctrine: Temperate or moderate damages may be recovered when the court finds that some
pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with
certainty
Facts: Petitioner Seven Brothers Shipping Corporation is the owner of the cargo ship M/V "Diamond
Rabbit," (vessel), while respondent DMC-Construction Resource, Inc. is the owner of coal-conveyor
facility, which was destroyed when the vessel became uncontrollable and unmanueverable during a
storm.
On 5 March 1996, respondent sent a formal demand letter to petitioner, claiming the damages
sustained by their vessel. When petitioner failed to pay, respondent filed with the RTC a Complaint for
damages against respondent. Based on the pieces of evidence presented by both parties, the RTC
ruled that as a result of the incident, the loading conveyor and related structures of respondent were
indeed damaged. In the course of the destruction, the RTC found that no force majeure existed,
considering that petitioner's captain was well aware of the bad weather, and yet proceeded against
the strong wind and rough seas, instead of staying at the causeway and waiting out the passage of
the typhoon. It further concluded that "there was negligence on the part of the captain; hence,
defendant [petitioner] as his employer and owner of the vessel shall be liable for damages caused
thereby."
Regarding liability, the RTC awarded respondent actual damages in the amount of
P3,523,175.92 plus legal interest of 6%, based on the testimony of respondent's engineer, Loreto
Dalangin (Engr. Dalangin). The value represented 50% of the P7,046,351.84 claimed by the
respondent as the fair and reasonable valuation of the structure at the time of the loss, because as
manifested by Engr. Dalangin at the time of the incident, the loading conveyor and related structures
were almost five years old, with a normal useful life of 10 years.
Aggrieved, petitioner appealed via a Notice of Appeal which the CA DISMISSED, but
MODIFIED in that Seven Brothers Shipping Corporation is found liable to DMC Construction
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
SPOUSES TAGUMPAY N. ALBOS AND AIDA C. ALBOS, petitioners, vs. SPOUSES NESTOR M.
EMBISAN AND ILUMINADA A. EMBISAN, DEPUTY SHERIFF MARINO V. CACHERO, AND THE
REGISTER OF DEEDS OF QUEZON CITYs.
G.R. No. 210831, November 26, 2014
VELASCO JR., J.:
Doctrines: (The compounding of interest should be in writing) Payment of monetary interest
shall be due only if: (1) there was an express stipulation for the payment of interest; and (2) the
agreement for such payment was reduced in writing. Thus, We have held that collection of interest
without any stipulation thereof in writing is prohibited by law. Nevertheless, even if there was such an
agreement that interest will be compounded, We agree with the petitioners that the 5% monthly rate,
be it simple or compounded, written or verbal, is void for being too exorbitant.
A foreclosure should be nullified where the respondents thereof were deprived of the
opportunity to settle the debt, in view of the overstated amount demanded from them.
Facts: On October 17, 1984, petitioners entered into an agreement, denominated as Loan with Real
Estate Mortgage, with respondent spouses Nestor and Iluminada Embisan (spouses Embisan) in the
amount of P84,000.00 payable within 90 days with a monthly interest rate of 5%. To secure the
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
December 2014
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: On October 31, 1998, around 9:00 p.m., a motorcycle with three passengers figured in a
mishap along the National Highway of Maddalero, Buguey, Cagayan. It was driven by its owner
Camilo Tangonan who died from the accident, while his companions respondent Rapanan and one
Erwin Coloma suffered injuries.
On March 29, 2000, Rapanan and Camilos common law wife, respondent Mary Gine
Tangonan, filed before the Regional Trial Court (RTC) of Aparri, Cagayan a complaint for damages
against petitioner. They alleged that while the victims were traversing the national highway, they were
struck and electrocuted by a live tension wire from one of the electric posts owned by petitioner. They
contended that the mishap was due to petitioners negligence when it failed to fix and change said
live tension wire despite being immediately informed by residents in the area that it might pose an
immediate danger to persons, animals and vehicles passing along the national highway.
The RTC rendered a decision in favor of petitioner and dismissed the complaint for damages of
respondents. It held that the proximate cause of the incident is the negligence and imprudence of
Camilo in driving the motorcycle. It further held that respondent Mary Gine has no legal personality to
institute the action since such right is only given to the legal heir of the deceased. Mary Gine is not a
legal heir of Camilo since she is only his common law wife.
On appeal, the CA reversed the RTC and held petitioner liable for quasi-delict.
Issue: Whether or not petitioner Cagayan II Electric Cooperative, Inc. liable for quasi-delict
resulting in the death of Camilo Tangonan and physical injuries of Rapanan, and ordering it to pay
respondents damages and attorneys fees
Held: Negligence is defined as the failure to observe for the protection of the interest of another
person that degree of care, precaution, and vigilance which the circumstances justly demand,
whereby such other person suffers injury. Article 2176 of the Civil Code provides that [w]hoever by
act or omission causes damage to another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing contractual relation between the
parties, is a quasi-delict. Under this provision, the elements necessary to establish a quasi-delict
case are: (1) damages to the plaintiff; (2) negligence, by act or omission, of the defendant or by some
person for whose acts the defendant must respond, was guilty; and (3) the connection of cause and
effect between such negligence and the damages.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Chief PSI Ylanan, SPO1 Mendaros, SPO1 Altubar, PO1 Luardo, and PO1 Veloso composed
the team of police operatives. PO1 Luardo and PO1 Veloso were designated as decoys, pretending
to be tour guides looking for girls to entertain their guests. IJM provided them with marked money,
which was recorded in the police blotter. The team went to Queensland Motel and rented Rooms 24
and 25. These rooms were adjacent to each other. Room 24 was designated for the transaction while
Room 25 was for the rest of the police team.
PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in Barangay Kamagayan,
Cebu Citys red light district. Accused noticed them and called their attention by saying Chicks mo
dong?
At that point, PO1 Luardo sent a text message to PSI Ylanan that they found a prospective
subject. After a few minutes, accused returned with AAA and BBB, private complainants in this case.
Accused gave the assurance that the girls were good in sex. PO1 Luardo inquired how much their
services would cost. Accused replied, Tag kinientos (500.00). PO1 Veloso and PO1 Luardo
convinced accused to come with them to Queensland Motel.
Upon proceeding to Room 24, PO1 Veloso handed the marked money to accused. As accused
counted the money, PO1 Veloso gave PSI Ylanan a missed call. This was their pre-arranged signal.
The rest of the team proceeded to Room 24, arrested accused, and informed her of her constitutional
rights. The police confiscated the marked money from accused.
Meanwhile, AAA and BBB were brought to Room 25 and placed in the custody of the
representatives from the IJM and the DSWD.
Regional Trial Court, Branch 14 in Cebu City found accused guilty beyond reasonable doubt.
The Court finds accused, SHIRLEY A. CASIO, GUILTY beyond reasonable doubt of trafficking in
persons under paragraph (a), Section 4 as qualified under paragraph (a), Section 6 of R.A. 9208 and
sentenced to suffer imprisonment of TWENTY (20) YEARS and to pay a fine of ONE MILLION
(Php1,000,000.00). Finally, accused is ordered to pay the costs of these proceedings.
The Court of Appeals affirmed the findings of the trial court but modified the fine and awarded
moral damages. The accused-appellant is accordingly sentenced to suffer the penalty of life
imprisonment and a fine of Php2,000,000 and is ordered to pay each of the private complainants
Php150,000 as moral damages.
Hence, the instant petition.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Whether the award of moral damages for the crime of Trafficking in persons as a
prostitute is proper?
Whether the award of exemplary damages for the crime of Trafficking in persons as a
prostitute is proper?
Held:
(1) YES.
The payment of P500,000 as moral damages for the crime of Trafficking in Persons as a
Prostitute finds basis in Article 2219 of the Civil Code, which states that MORAL DAMAGES MAY BE
RECOVERED IN THE FOLLOWING AND ANALOGOUS CASES:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the crimes
of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To be trafficked as a
prostitute without ones consent and to be sexually violated four to five times a day by different
strangers is horrendous and atrocious. There is no doubt that Lolita experienced physical suffering,
mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and
social humiliation when she was trafficked as a prostitute in Malaysia.
2) YES.
The payment of P100,000 as exemplary damages shall be granted since the crime of
Trafficking in Persons was aggravated, being committed by a syndicate, the award of exemplary
damages is likewise justified. Human trafficking indicts the society that tolerates the kind of poverty
and its accompanying desperation that compels our women to endure indignities. It reflects the
weaknesses of that society even as it convicts those who deviantly thrive in such hopelessness. We
should continue to strive for the best of our world, where our choices of human intimacies are real
choices, and not the last resort taken just to survive. Human intimacies enhance our best and closest
relationships. It serves as a foundation for two human beings to face lifes joys and challenges while
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
By
Catherine
A.
Padon
Facts: On January 1, 1979, respondent and Stanley Works Agencies (Pte.) Limited, Singapore
(Stanley-Singapore) entered into a Representation Agreement. Under such agreement, StanleySingapore appointed respondent as its sole agent for the selling of its products within the Philippines
on an indent basis.
On April 16, 1990, respondent filed with the BIR its Annual Income Tax Return for taxable year
1989.
On March 19, 1993, pursuant to Letter of Authority dated July 3, 1992, the BIR issued against
respondent a Pre-Assessment Notice (PAN) No. 002523 for 1989 deficiency income tax.
On March 29, 1993, respondent received its copy of the PAN.
On April 12, 1993, petitioner, through OTC Domingo C. Paz of Revenue Region No. 4B-2 of
Makati, issued to respondent Assessment Notice No. 002523-89-6014 for deficiency income tax for
taxable year 1989. The Notice was sent on April 15, 1993 and respondent received it on April 21,
1993.
On May 19, 1993, respondent, through its external auditors Punongbayan & Araullo, filed a
protest letter and requested reconsideration and cancellation of the assessment.
On November 16, 1993, a certain Mr. John Ang, on behalf of respondent, executed a Waiver
of the Defense of Prescription Under the Statute of Limitations of the National Internal Revenue
Code (Waiver). Under the terms of the Waiver, respondent waived its right to raise the defense of
prescription under Section 223 of the NIRC of 1977 insofar as the assessment and collection of any
deficiency taxes for the year ended December 31, 1989, but not after June 30, 1994. The Waiver was
not signed by petitioner or any of his authorized representatives and did not state the date of
acceptance as prescribed under Revenue Memorandum Order No. 20-90. Respondent did not
execute any other Waiver or similar document before or after the expiration of the November 16,
1993 Waiver on June 30, 1994.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Whether or not petitioners right to collect the deficiency income tax of respondent for
taxable year 1989 has prescribed.
Whether or not respondents repeated requests and positive acts constitute estoppel
from setting up the defense of prescription under the NIRC.
Held:
(1)
NO.
The statute of limitations on the right to assess and collect a tax means that once the period
established by law for the assessment and collection of taxes has lapsed, the governments
corresponding right to enforce that action is barred by provision of law.
The period to assess and collect deficiency taxes may be extended only upon a written
agreement between the CIR and the taxpayer prior to the expiration of the three-year prescribed
period in accordance with Section 222 (b) of the NIRC. In relation to the implementation of this
provision, the CIR issued Revenue Memorandum Order (RMO) No. 20-90 on 4 April 1990 to provide
guidelines on the proper execution of the Waiver of the Statute of Limitations. In the execution of this
waiver, there are procedures should be followed.
To emphasize, the Waiver was not a unilateral act of the taxpayer; hence, the BIR must act on
it, either by conforming to or by disagreeing with the extension. A waiver of the statute of limitations,
whether on assessment or collection, should not be construed as a waiver of the right to invoke the
defense of prescription but, rather, an agreement between the taxpayer and the BIR to extend the
period to a date certain, within which the latter could still assess or collect taxes due. The waiver
does not imply that the taxpayer relinquishes the right to invoke prescription unequivocally.
Although we recognize that the power of taxation is deemed inherent in order to support the
government, tax provisions are not all about raising revenue. Our legislature has provided
safeguards and remedies beneficial to both the taxpayer, to protect against abuse; and the
government, to promptly act for the availability and recovery of revenues. A statute of limitations on
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
NO.
Anent the second issue, SC do not agree with petitioner that respondent is now barred from
setting up the defense of prescription by arguing that the repeated requests and positive acts of the
latter constituted estoppels, as these were attempts to persuade the CIR to delay the collection of
respondents deficiency income tax.
True, respondent filed a Protest and asked for a reconsideration and cancellation of the
assessment on 19 May 1993; however, it is uncontested that petitioner failed to act on that Protest
until 29 November 2001, when the latter required the submission of other supporting documents. In
fact, the Protest was denied only on 22 March 2004.
Petitioners reliance on CIR v. Suyoc (Suyoc) is likewise misplaced. In Suyoc, the BIR was
induced to extend the collection of tax through repeated requests for extension to pay and for
reinvestigation, which were all denied by the Collector. Contrarily, herein respondent filed only one
Protest over the assessment, and petitioner denied it 10 years after. The subsequent letters of
respondent cannot be construed as inducements to extend the period of limitation, since the letters
were intended to urge petitioner to act on the Protest, and not to persuade the latter to delay the
actual collection.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Petitioner cannot take refuge in BPI either, considering that respondent and BPI are similarly
situated. Similar to BPI, this is a simple case in which the BIR Commissioner and other BIR officials
failed to act promptly in resolving and denying the request for reconsideration filed by the taxpayer
and in enforcing the collection on the assessment. Both in BPI and in this case, the BIR presented no
reason or explanation as to why it took many years to address the Protest of the taxpayer. The
statute of limitations imposed by the Tax Code precisely intends to protect the taxpayer from
prolonged and unreasonable assessment and investigation by the BIR.19
Even assuming arguendo that the Waiver executed by respondent on 16 November 1993 is
valid, the right of petitioner to collect the deficiency income tax for the year 1989 would have already
prescribed by 2001 when the latter first acted upon the protest, more so in 2004 when it finally denied
the reconsideration. Records show that the Waiver extends only for the period ending 30 June 1994,
and that there were no further extensions or waivers executed by respondent. Again, a waiver is not a
unilateral act of the taxpayer or the BIR, but is a bilateral agreement between two parties to extend
the period to a date certain.
Since the Waiver in this case is defective and therefore invalid, it produces no effect; thus, the
prescriptive period for collecting deficiency income tax for taxable year 1989 was never suspended or
tolled. Consequently, the right to enforce collection based on Assessment Notice No. 002523-896014
has
already
prescribed.
By:
Stephanie
H. Siason
Facts: This case stemmed from the decision of this Court on Iglesia Felipina Independiente v. Heirs
of Bernardino Taeza,G.R. No. 179597, February 3, 2014 which provides that it is erroneous for the
CA to ignore the fact that the laymens committee objected to the sale of the lot in question. The
Canons require that ALL the church entities listed in Article IV (a) thereof should give its approval to
the transaction. Thus, when the Supreme Bishop executed the contract of sale of petitioners lot
despite the opposition made by the laymens committee, he acted beyond his powers. This case
clearly falls under the category of unenforceable contracts mentioned in Article 1403, paragraph (1) of
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: This is an action for recovery of a sum of money and damages with a prayer for the issuance
of writ of preliminary attachment filed by the plaintiff Philippine Banking Corporation against the
defendants, namely: Ley Construction and Development Corporation (hereafter LCDC) and
Spouses Manuel and Janet C. Ley (hereafter [defendant]-spouses). The complaint alleges that:
Defendant LCDC, a general contracting firm, through the oral representations of defendant-spouses,
applied with plaintiff, a commercial bank, for the opening of a Letter of Credit. Plaintiff issued Letter of
Credit in favor of the supplier-beneficiary Global Enterprises Limited. The letter of credit covered the
importation by defendant LCDC of Fifteen Thousand (15,000) metric tons of Iraqi cement from Iraq.
Defendant applied for and filed with plaintiff two (2) Applications for Amendment of Letter of Credit
Thereafter, the supplier-beneficiary Global Enterprises, Inc. negotiated its Letter of Credit with
the negotiating bank Credit Suisse of Zurich, Switzerland. Credit Suisse then sent a reimbursement
claim by telex to American Express Bank Ltd., New York with a certification that all terms and
conditions of the credit were complied with. Accordingly, American Express Bank debited plaintiffs
account and credited Credit Suisse Zurich Account with American Express Bank, Ltd., New York for
the negotiation of Letter of Credit. Plaintiff received from Credit Suisse the necessary shipping
documents pertaining to Letter of Credit that were in turn delivered to the defendant. Upon receipt of
the aforesaid documents, defendants executed a trust receipt.
However, the cement that was to be imported through the opening of the subject Letter of
Credit never arrived in the Philippines. The prompt payment of the obligation of the defendant LCDC
was guaranteed by [defendant]-spouses under the Continuing Surety Agreement executed by the
latter in favor of the defendant. The obligation covered by the subject Letter of Credit has long been
overdue and unpaid, notwithstanding repeated demands for payment thereof.
Plaintiff, therefore, instituted the instant complaint for recovery.
Issue: Whether the Bank may hold LCDC liable for its obligations under the Letter of Credit, and the
spouses Ley for their obligations under the Continuing Surety Agreement which stands as security for
the Letter of Credit and not for the Trust Receipt?
Held: NO. A cause of action is an act or omission by which a party violates the right of another has
three essential elements:
1. The existence of a legal right in favor of the plaintiff;
2. A correlative legal duty of the defendant to respect such right; and
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
BY: Catherine
A. Padon
Facts: This petition originated from two civil complaints involving the sale of a parcel of land in favor
of respondent Edna C. See (Edna). Before us is a petition for review assailing the Court of Appeals
(a) May 19, 2010 decision affirming in toto the trial court's July 9, 2008 decision granting Edna
possession and ownership over the land upon finding her to be a buyer in good faith and for value,
and (b) August 25, 2010 resolution denying reconsideration.
Petitioners pray for the reversal of the Court of Appeals decision and resolution, as well as the
trial courts decision. They pray that this court render its decision as follows:
(a) The Deed of Sale between Edna See and Carmelita Leong is hereby declared null and
void. The Register [of] Deeds for the City of Manila is hereby directed to cancel TCT No.
231105 in the name of Edna See and reinstating TCT No. 175628;
(b) Confirming the right of Elena Leong and those people claiming right under her, to the
possession
over
the
subject
property;
[and]
(c) Defendants Carmelita Leong and Edna See are declared to be jointly and severally liable to
pay plaintiff, Florentino Leong[,] the sum of Php50,000.00 as moral damages; the sum of
Php50,000.00 a[s] Attorneys Fees; and the cost of suit.
The spouses Florentino Leong (Florentino) and Carmelita Leong (Carmelita) used to own the
property located at No. 53941 Z.P. De Guzman Street, Quiapo, and Manila.
Petitioner Elena Leong (Elena) is Florentino's sister-in-law. She had stayed with her in-laws on
the property rental-free for over two decades until the building they lived in was razed by fire. They
then constructed makeshift houses, and the rental-free arrangement continued.
Florentino and Carmelita immigrated to the United States and eventually had their marriage
dissolved in Illinois. A provision in their marital settlement agreement states that Florentino shall
convey and quitclaim all of his right, title and interest in and to 540 De Guzman Street, Manila,
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
to
Carmelita.
The Court of Appeals found that [a]pparently intercalated in the lower margin of page 12 of the
instrument was a long-hand scribbling of a proviso, purporting to be a footnote remark:
Neither party shall evict or charge rent to relatives of the parties, or convey title, until it has
been established that Florentino has clear title to the Malabon property. Clear title to be established
by the attorneys for the parties or the ruling of a court of competent jurisdiction. In the event
Florentino does not obtain clear title, this court reserves jurisdiction to reapportion the properties or
their values to effect a 50-50 division of the value of the 2 remaining Philippine properties.
On November 14, 1996, Carmelita sold the land to Edna. In lieu of Florentino's signature of
conformity in the deed of absolute sale, Carmelita presented to Edna and her father, witness Ernesto
See, a waiver of interest notarized on March 11, 1996 in Illinois. In this waiver, Florentino reiterated
his quitclaim over his right, title, and interest to the land. Consequently, the lands title, covered by
TCT No. 231105, was transferred to Edna's name.
Edna was aware of the Leong relatives staying in the makeshift houses on the land. Carmelita
assured her that her nieces and nephews would move out, but demands to vacate were unheeded.
On April 1, 1997, Edna filed a complaint for recovery of possession against Elena and the
other relatives of the Leong ex-spouses.
The complaint alleged that in 1995 after the fire had razed the building on the land, Elena
erected makeshift houses on the land without Carmelitas knowledge or consent.
In response, Elena alleged the titles legal infirmity for lack of Florentino's conformity to its sale.
She argued that Carmelita's non-compliance with the proviso in the property agreement that the
Quiapo property may not be alienated without Florentino first obtaining a clean title over the Malabon
property annulled the transfer to Edna.
On April 23, 1997, Florentino filed a complaint for declaration of nullity of contract, title, and
damages against Carmelita Leong, Edna C. See, and the Manila Register of Deeds, alleging that the
sale was without his consent. The two cases were consolidated.
RTC ruled in favor of Edna.CA affirmed in toto the trial courts decision.
Issue: Whether respondent Edna C. See is a buyer in good faith and for value.
Held: Yes. The Torrens system was adopted to obviate possible conflicts of title by giving the public
the right to rely upon the face of the Torrens certificate and to dispense, as a rule, with the necessity
of inquiring further.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
By:
Stephanie H. Siazon
OFFICE OF THE OMBUDSMAN., vs. AMALIO A. MALLARI
G.R. NO. 183161, 03 December 2014
Facts: On October 24, 1997, ECOBEL Land, Inc. (ECOBEL), represented by its Chairman,
Josephine Edralin Boright (Boright), applied for a medium term financial facility loan with the
Government Service Insurance System (GSIS) Finance Group for the construction of a 26-storey twin
tower condominium building, ECOBEL Tower, along Taft Avenue in Ermita, Manila. The loan
application was denied for the following reasons: insufficiency of collateral, ECOBEL did not have the
needed track record in property development, and the loan was sought during the Asian financial
crisis.
Subsequently, ECOBEL applied for a two-year surety bond with GSIS to guarantee payment of
a Ten Million US Dollar (US$10,000,000.00) loan with the Philippine Veterans Bank (PVB) acting as
the obligee.
On December 10, 1997, the ECOBEL bond application was approved in principle "subject to
analysis/evaluation of the project and the offered collaterals. After an evaluation by the GSIS Bond
Reinsurance Treaty Underwriting Committee, then chaired by Leticia G. Bernardo (Bernardo),
Manager of the Surety Department, General Insurance Group (GIG), the collateral offered was found
to be a second mortgage. Accordingly, the Committee informed ECOBEL of the rejection of the
collateral offered and requested for additional collateral.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Meanwhile, Alex M. Valencerina (Valencerina), then Vice-President for Marketing and Support
Services, GIG, submitted the ECOBEL bond application through his Memorandum, dated January 27,
1998, for the evaluation and endorsement of the GSIS Investment Committee (INCOM). In the said
Memorandum, Valencerina stated that the project was viable and the payment guarantee bond was
fully secured by reinsurance and real estate collaterals. He also cited that the funder has given the
principal limited time to avail of the loan. Failure to submit and/or present the payment guarantee
bond would lead to the cancellation of the booking of the funds. The memorandum was coursed
through Mallari, then Senior Vice-President of GSIS, GIG, addressed to the President and General
Manager of GSIS. Mallari scribbled his own endorsement by stating "Strongly reco. based on info and
collaterals
herein
stated."
On March 10, 1998, the INCOM, through Resolution approved the ECOBEL application.
The following day, March 11, 1998, the GSIS Surety Bond or G (16) GIF Bond No.
02913211 (ECOBEL bond) in the amount of Ten Million US Dollars (US$10,000,000.00) was
correspondingly issued in favor of ECOBEL with PVB as the obligee. The ECOBEL bond was signed
by Mallari on behalf of the GSIS GIG to guarantee the repayment of the principal and interest on the
loan granted to ECOBEL through the obligee to be used for the construction of its tower building.
Group
In the meantime, Mallari was reassigned to the Housing and Real Property Development
pursuant
to
Office
Order
No.
73-98,
dated
July
27,
1998.
On November 19, 1998, a Memorandum15 was issued by Federico Pascual, President and
General Manager of GSIS, ordering the suspension of the processing and issuance of guarantee
payment bonds.
Despite the directive, Valencerina and Fernando U. Campana (Campana), then Vice-President
of the London Representative Office (LRO), International Operations, GIG, issued a Certification,
dated January 14, 1999, stating that ECOBEL bond "is genuine, authentic, valid and binding
obligation of GSIS and may be transferred to Bear, Stearns International Ltd., and any of its
assignees and Aon Financial Products, Inc. and any of its assignees within the period commencing at
the date above. GSIS has no counterclaim, defense or right of set-off with respect to the surety bond
provided that DRAWING CONDITIONS have been satisfied."
On February 9, 1999, almost a year from the issuance of the ECOBEL bond, Valencerina
received from Boright the premium payment for the bond in the amount of ?12,731,520.00, in FEBTC
check, post-dated February 26, 1999 as a one-year premium for the period, March 11, 1998 to March
11, 1999.
Thereafter, Transfer Certificate of Title (TCT) No. 66289 covering the land located in Lipa City,
Batangas, consisting of 205,520 square meters, submitted as collateral, turned out to be not
genuine or spurious. The said land, with an appraised value of? 202,437,200.00, was the major
collateral for the issuance of the ECOBEL bond. The land was titled in the name of Vicente Yupangco
who did not appear to hold any interest in ECOBEL, either as officer or stockholder.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Thus, on February 12, 1999, the ECOBEL bond was cancelled by GSIS, through Atty.
Saludares of the Underwriting Department II. On the same day, Valencerina informed Boright that the
bond was invalid and unenforceable and that the FEBTC check, postdated February 26, 1999, was
disregarded by GSIS.
On February 19, 1999, despite the notice of the bond cancellation, ECOBEL was granted a
loan by Bear and Stearns International Ltd. (BSIL) in the face amount of US$10,000,000.00 using the
ECOBEL bond. The amount actually drawn and received by ECOBEL was US$9,307,000.00. After
the drawdown, Campaa at the LRO received the surety bond premium check payments, dated April
1, 1999 and April 15, 1999, in the total amount of US$200,629.00. The said checks were remitted to
GSIS Manila on May 10, 1999.
On March 7, 2000, a Notice of Default on Payment was issued against ECOBEL which placed
GSIS under threat of a suit. GSIS was furnished with a copy of the said notice and was similarly
advised
on
March
9,
2000.
In a Certification, dated March 20, 2000, PVB stated that it did not accept the proposal for it to
be named obligee in the ECOBEL bond, as there was no contract or agreement executed between
ECOBEL and PVB.
The CA ruled that there was no substantial evidence to hold Mallari administratively liable for
grave misconduct warranting the imposition of the supreme penalty of dismissal. Mallari affixed his
signature in the proposed bond after the GSIS INCOM approved the ECOBEL bond for the payment
guarantee bond. It added that the proposed bond signed by him did not legally come into existence
because PVB did not agree to be the obligee of the ECOBEL bond. Hence, it could never be the
source of any right or obligation.
Facts:On January 4, 2006, Daluraya was charged in an Information for Reckless Imprudence
Resulting in Homicide in connection with the death of Marina Oliva. Records reveal that sometime in
the afternoon of January 3, 2006, Marina Oliva was crossing the street when a Nissan Vanette,
bearing plate number UPN-172 and traversing EDSA near the Quezon Avenue flyover in Quezon
City, ran her over. While Marina Oliva was rushed to the hospital to receive medical attention, she
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: The first rape incident happened on May 27, 2001. At around 10:00 to 11:00 p.m., AAA, then
an 11-year old girl, was watching television in a store at the public market in Naval, Biliran. When she
went outside the public market, appellant summoned her. AAA tried to run away, but appellant
threatened to shoot her with a slingshot. She thus approached appellant hesitantly. When already
near him, appellant suddenly grabbed AAAs hand and dragged her to the second floor of a newlyconstructed commercial building facing the public market. When they were already in a secluded
portion, appellant undressed AAA, spread her thighs, and inserted his penis into her vagina, causing
her pain and horror. Once satiated, appellant gave AAA P100.00 and told her not to tell anyone
about the incident or her family will be harmed.
The second rape incident happened during the evening of June 30, 2001. At about 11:00 p.m.,
AAA was sleeping inside a jeepney parked outside a billiard hall when appellant focused a flashlight
on her face. He then went inside the jeepney and removed AAAs panty and again raped her by
inserting his penis into her vagina which caused AAA pain. After having difficulty in urinating and
experiencing pain and swelling in her abdomen, AAA told her aunt, BBB, about the rape incidents
and pointed to appellant as her rapist. Suspecting that AAA was suffering from vaginal infection due
to the rape, BBB brought AAA to the hospital. Thereafter, AAAs family reported the incident to
the Department of Social Welfare and Development. Consequently, complaints were filed against
appellant.
RTC gave weight and credence to AAAs testimony. Hence, it declared appellant guilty of
two counts of statutory rape and liable to pay AAA the amount of P50, 000.00 in civil indemnity for
each rape committed
On appeal, the CA held that the prosecution was not able to satisfactorily prove that AAA
was under 12 years of age at the time of the alleged rape since no independent evidence of her age
such as her birth certificate was presented. It thus concluded that appellant could not be held liable
for statutory rape. However, it noted that in Criminal Case No. N-2130, force, threat and intimidation
were properly alleged in the Information as having attended the commission of the crime and was
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
(1)
YES. With regard to the award of civil indemnity in the amount of P75, 000.00, the same
is proper and in consonance with the prevailing policy of the Court.
(2)
NO. The award of moral damages in the amount of P75, 000.00 must however be
reduced to P50, 000.00 in line with prevailing jurisprudence.
(3)
YES. In addition, exemplary damages in the amount of P30, 000.00 is awarded to the
victim "AAA." Prevailing jurisprudence on simple rape likewise awards exemplary
damages in order to set a public example and to protect hapless individuals from sexual
molestation.
Held:
Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of
finality of this judgment until fully paid.
By:
Catherine
A.
Padon
Facts: On October 20, 1989, Eugenia Gocolay, chairperson and president of respondent Keyser
Mercantile, Inc. (Keyser), entered into a contract to sell with Bayfront Development Corporation
(Bayfront) for the purchase on installment basis of a condominium unit in Bayfront Tower
Condominium. The subject of the sale was Unit G of the said condominium project with the privilege
to use two (2) parking slots. This Contract to Sell was not registered with the Register of Deeds of
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
3. First, the defense of res judicata must fail. The doctrine of res judicata is a fundamental
principle of law which precludes parties from re-litigating issues actually litigated and
determined by a prior and final judgment. Res judicata constituting bar by prior judgment
occurs when the following requisites concur: (1) the former judgment is final; (2) it is rendered
by a court having jurisdiction over the subject matter and the parties; (3) it is a judgment or an
order on the merits; and (4) there is identity of parties, of subject matter, and of causes of
action.
The previous case instituted by Keyser in the HLURB was denied on appeal by this Court
based on lack of jurisdiction. Thus, the third requisite of res judicata is not present because the
previous case was not adjudicated on the merits as it was denied on jurisdictional grounds.
Facts: Tne Electric Corporation (PHILEC) is a domestic corporation engaged in the manufacture and
repairs of high voltage transformers. Among its rank-and-file employees were Eleodoro V. Lipio
(Lipio) and Emerlito C. Ignacio, Sr. (Ignacio, Sr.), former members of the PHILEC Workers Union
(PWU). PWU is a legitimate labor organization and the exclusive bargaining representative of
PHILECs rank-and-file employees. From June 1, 1989 to May 31, 1997, PHILEC and its rank-and-file
employees were governed by collective bargaining agreements providing for the following step
increases in an employees basic salary in case of promotion and with the previous collective
bargaining agreements already expired, PHILEC selected Lipio for promotion from Machinist under
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue:
(1)
(2)
Whether the provisions of the PWU collective bargaining agreement governs the
computation of Lipios and Ignacio Sr.s training allowance
Whether the 6% legal interest under Circular No. 799, Series of 2013, of the Bangko
Sentral ng Pilipinas Monetary Board applies in this case?
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
REPUBLIC OF THE PHILIPPINES., vs. HEIRS OF SPOUSES DONATO SANCHEZ AND JUANA
MENESES, REPRESENTED BY RODOLFO S. AGUINALDO
G.R. NO. 212388, 10 December 2014
VELASCO
Doctrine: IT IS SO BASIC UNDER REPUBLIC ACT NO. 26 THAT THE SAME SHALL ONLY APPLY
IN CASES WHERE THE ISSUANCE OF OCT HAS BEEN ESTABLISHED, ONLY THAT IT WAS
LOST OR DESTROYED UNDER CIRCUMSTANCES PROVIDED FOR UNDER SAID LAW. AGAIN,
WITHIN THE CONTEXT OF THIS DISCUSSION, RA NO. 26 WILL NOT APPLY BECAUSE IN THIS
CASE, THERE IS NO ESTABLISHED PROOF THAT AN OCT HAD BEEN ISSUED. IN OTHER
WORDS, THE APPLICABILITY OF RA NO. 26 HINGES ON THE EXISTENCE OF PRIORLY
ISSUED OCT.
Facts: Respondents filed an amended petition for reconstitution of Original Certificate of Title (OCT)
No. 45361 that covered Lot No. 854 of the Cadastral Survey of Dagupan, pursuant to Republic Act
(RA) No. 26. In said petition, respondents made the following allegations:
1. That OCT No. 45361 was issued in the name of their predecessor-in-interest, the spouses
Sanchez, pursuant to Decree No. 41812 issued in relation to a Decision dated March 12,
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Issue: Whether or not the petition for reconstitution of Original Certificate of Title (OCT) No. 45361
should be granted.
Held: The Court agrees with the trial court that no clear and convincing proof has been adduced that
OCT No. 45361 was issued by virtue of Decree No. 418121. The Decision dated March 21, 1930 and
the Registrars Index Card containing the notation on OCT No. 45361 do not cite nor mention that
Decree No. 418121 was issued to support the issuance of OCT No. 45361. At this point, it is well to
emphasize that a petition for reconstitution of lost or destroyed OCT requires, as a condition
precedent, that an OCT has indeed been issued, for obvious reasons.
Assuming arguendo that respondents were able to sufficiently prove the existence of OCT No.
45361 considering the totality of the evidence presented, the Court finds that reconstitution thereof is
still not warranted, applying Section 15 of RA No. 26. Said provision reads:
Section 15. If the court, after hearing, finds that the documents presented, as supported by
parole evidence or otherwise, are sufficient and proper to warrant the reconstitution of the lost or
destroyed certificate of title, and that the petitioner is the registered owner of the property or has an
interest therein, that the said certificate of title was in force at the time it was lost or destroyed,
and that the description, area and boundaries of the property are substantially the same as those
contained in the lost or destroyed certificate of title, an order of reconstitution shall be issued. x x x
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
As explicitly stated in the above-quoted provision, before a certificate of title which has been
lost or destroyed may be reconstituted, it must first be proved by the claimants that said certificate of
title was still in force at the time it was lost or destroyed, among others. Here, the mere existence of
TCT No. 10202, later cancelled by TCT No. 44365, which, in turn, was superseded by TCT No.
80792, which bear the notations:
Originally registered on the 29th day of January, [1931] xxx as OCT No. 45361 pursuant to
Decree
No.
418121
issued
in
G.L.R.O.
Cadastral
Record
No.
920.
The name of the registered owner of OCT No. 45361 is not available as per certification of the
[RD of Lingayen], dated August 18, 1982, entries nos. 107415 and 107416, respectively.
Clearly shows that the OCT which respondents seek to be reconstituted is no longer in force,
rendering
the
procedure,
if
granted,
a
mere
superfluity.
Additionally, if indeed OCT No. 45361 was lost or destroyed, it is necessary that the RD issue a
certification that such was in force at the time of its alleged loss or destruction. Definitely, the RD
cannot issue such certification because of the dearth of records in support of the alleged OCT No.
45361 in its file. The presentation of alleged derivative titlesTCT No. 10202, TCT No. 44365 and
TCT No. 80792will not suffice to replace this certification because the titles do not authenticate the
issuance of OCT No. 45361 having been issued by the RD without any basis from its official records.
As a matter of fact, it is a wonder how the derivative titles were issued when the existence of OCT
No. 45361 could not be established based on the RDs records. The RD failed to explain how it was
able to make an annotation of the original registration of the lot under OCT No. 45361 when
respondents are now asking for its reconstitution. It is also highly suspicious why respondents are
asking the reconstitution of OCT No. 45361 when, supposedly, it has already been cancelled and
new titles have already been issued based on transfers purportedly made by respondents. Lastly, of
what use is the reconstituted OCT No. 45361 when the lot has already been transferred to other
persons.
It
will
practically
be
of
no
value
or
worth
to
respondents.
Again, we invite you back to the highlighted provision of Section 39 of PD 1529 which states
that: The original certificate of title shall be a true copy of the decree of registration. This
provision is significant because it contemplates an OCT which is an exact replica of the decree. If the
old decree will not be canceled and no new decree issued, the corresponding OCT issued today will
bear the signature of the present Administrator while the decree upon which it was based shall bear
the signature of the past Administrator. This is not consistent with the clear intention of the law which
states that the OCT shall be true copy of the decree of registration. Ostensibly, therefore, the
cancellation of the old decree and the issuance of a new one is necessary.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
By: Stephanie
H. Siazon
Facts:
Respondents spouses Estela and Rodolfo Calderon (respondents, for brevity) filed a
verified complaint before the HLURB Regional Office against Silverland Realty &Development
Corporation, SilverlandVillage I Homeowners Association, Silverland Alliance Christian Church
(SACC), Joel Geronimo, Annie Geronimo, Jonas Geronimo and Susan Geronimo,for specific
performance and for the issuance of cease and desist order and damages.
In their complaint, respondents alleged that they are residents of #31 Silverlane Street,
Silverland Subdivision, Pasong Tamo, Tandang Sora, Quezon City. Spouses Joel and Annie
Geronimo are residents of #48 Silverlane Street just across their house. Sometime in May 2005, a
building was erected beside the house of Joel and Annie. Jonas Geronimo directed the construction.
When respondents asked about the building, Susan Geronimo told them that her son, Joel, had
bought the adjacent lot to build an extension house in order to create a wider playing area for the
Geronimo grandchildren because their two-storey house could no longer accommodate their growing
family. When the construction was finished, the building turned out to be the church of petitioner
SACC. The church was used for different religious activities including daily worship services,
baptisms, summer school, choir rehearsals, band practices, playing of different musical instruments
and use of a loud sound system which would last until late in the evening. The noise allegedly
affected respondents health and caused inconvenience to respondents because they were forced to
leave their house if they want peace and tranquility.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
In the present case, respondents are buyers of a subdivision lot from subdivision owner and
developer Silverland Realty & Development Corporation.Respondents action against Silverland
Realty & Development Corporation was for violation of its own subdivision plan when it allowed the
construction and operation of SACC. Respondents sued to stop the church activities inside the
subdivision which is in contravention of the residential use of the subdivision lots. Undoubtedly, the
present suit for the enforcement of statutory and contractual obligations of the subdivision developer
clearly falls within the ambit of the HLURBs jurisdiction.Needless to stress, when an administrative
agency or body is conferred quasi-judicial functions, all controversies relating to the subject matter
pertaining to its specialization are deemed to be included within the jurisdiction of said administrative
agency or body. Split jurisdiction is not favored.
Thus, respondents properly filed their complaint before the HLURB. The HLURB has exclusive
jurisdiction over complaints arising from contracts between the subdivision developer and the lot
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: AAA was born on December 13, 1985 to common[-]law spouses BBB, a housewife, and
Jose E. Prodenciado (a.k.a. Rommel), a fisherman. The couple has five (5) children[,] with AAA
being the eldest. At the time the rape incidents took place, appellant and AAA resided at Sta.
Barbara, Baliuag, Bulacan.
Sometime in 1993[,] at around noon, AAA brought food for appellant at the hut by the river
where her father usually rests after fishing. Suddenly, appellant pulled out a knife, poked it at her and
told her to go up the hut with him. As soon as they reached the hut, appellant removed both their
clothes and told AAA to lie down on the floor. Appellant lowered himself atop AAA and inserted his
penis into her vagina.
After satiating his lust, appellant dressed and warned AAA not to tell anybody what
happened[,] or else[,] he would kill her mother. At that time, AAA was only eight (8) years old. The
incident was repeated sometime in 1995 when AAA was then [10] years old and was in Grade III.
Prodenciado was charged and convicted with two counts each of Statutory Rape and Simple
Rape committed against his own daughter, AAA. For the statutory rape committed by Prodenciado
against AAA, we affirm the CAs award of P75,000.00 as civil indemnity. However, the award of
moral damages must be reduced to P50,000.00 while the award of exemplary damages must be
increased to P30,000.00.
As regards the three counts of qualified rape, AAA is entitled to the following awards:
P100,000.00 as civil indemnity for each count; P100,000.00 as moral damages for each count; and
P100,000.00 as exemplary damages for each count.50
Issue: Whether the damages awarded by the court earns interest? If yes, when is the reckoning
point?
Held: Yes. All damages awarded shall earn interest at the rate of 6% per annum from date of finality
of this judgment until fully paid.
By: Catherine A. Padon
HON. ORLANDO C. CASIMIRO, IN HIS CAPACITY AS ACTING OMBUDSMAN, OFFICE OF THE
OMBUDSMAN; HON. ROGELIO L. SINGSON, IN HIS CAPACITY AS DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS SECRETARY.,
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Facts: Sometime in 2005, the General Investigation Bureau-A of the OMB (GIB-A-OMB) conducted a
lifestyle check on respondent Josefino N. Rigor, then the Regional Director of the DPWH-National
Capital Region (DPWH-NCR). Thereafter, the GIB-A-OMB filed a complaint against Rigor charging
him criminally and administratively before the Office of the Ombudsman (OMB) for alleged
unexplained wealth and violation of Republic Act (R.A.) No. 3019 and R.A. 1379. Said complaint was
mainly based on certain irregularities on Rigors Statement of Assets, Liabilities and Net Worth
(SALNs), allegedly failing to declare therein several properties, business interests, and financial
connections. Its administrative aspect asserted that Rigor committed Dishonesty, Grave Misconduct,
and Falsification of Official Documents.
Among the properties he failed to declare was in his 1999 and 2000 SALN are the fourteen
(14) parcels of land located in Barrio Maluid, Victoria, Tarlac, covered by Transfer Certificate of Title
(TCT) Nos. 223271 to 223284, which were all issued by the Registry of Deeds for Tarlac province on
August 21, 1989 in the name of Josefino Rigor, married to Abigail S. Rigor.
On July 28, 2006, the OMB issued a Decision finding Rigor guilty of Dishonesty. Subsequently,
Rigor moved for a reconsideration, which the OMB granted on April 29, 2011. It thus ruled
accordingly, respondent is adjudged GUILTY of Simple Negligence and is hereby fined the amount of
One Thousand Pesos, with a warning that repetition of the same or similar act shall be dealt with
more strictly.
The DPWH Secretary then filed, through the Office of the Solicitor General (OSG), an
Omnibus Motion (for Leave to Intervene and to Admit Motion for Reconsideration), praying for its
intervention in the case to be allowed. The DPWH argued that there existed strong and compelling
reasons for the reversal of the April 29, 2011 OMB Order. On June 7, 2011, the OMB directed Rigor
to file his Comment on said Motion. On July 18, 2011; the OMB reversed its order of the April 29,
2011. This Order is immediately executory pursuant to Ombudsman Memorandum Circular No. 01,
Series of 2006, in relation to paragraph 1, Section 27 of R.A. 6770, and Section 7, Rule III,
Administrative Order No. 7, Rules of Procedure of the Office of the Ombudsman, as amended, and in
accordance with the ruling of the Supreme Court in Ombudsman vs. Joel Samaniego.
On Appeal CA reinstated the order of the OMB on April 29, 2011.
Issue: Whether or not Rigor, is correct in his allegation that he had no obligation to declare the
fourteen (14) parcels of land in Victoria, Tarlac because these properties were actually owned by
Riyacorp Piggery Form Incorporated, a family corporation which his parents owned. He was merely
authorized to mortgage these properties and was never the owner of the same prior to the
subsequent transfer to Metrobank, the present owner.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
By:
Stephanie
H.
Siason
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
January 2015
BANK OF THE PHILIPPINE ISLANDS (FORMERLY PRUDENTIAL BANK) VS. SPOUSES DAVID
M. CASTRO AND CONSUELO B. CASTRO,
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Held: The Supreme Court held that Respondent is entitled to the issuance of a writ of possession. It
held that Respondent, as a transferee or successor-in-interest of PNB by virtue of the contract of sale
between them, is considered to have stepped into the shoes of PNB and as such, is necessarily
entitled to avail of the provisions of Section 7 of Act 3135 as if he is PNB. Further, it stressed that the
issuance of a Writ of Possession may not be stayed by a pending action for annulment of mortgage
or the foreclosure itself as the trial court, where the application for a writ of possession is filed, does
not need to look into the validity of the mortgage or the manner of foreclosure. The purchaser is
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
February 2015
Facts: Spouses Crisologo obtained two loans from PDCP Bank. The first is an Express Loan
amounting to 200K, while the other is a Term Loan in the amount of 1.5M. Both are secured by a
mortgage. Upon release of the term loan, they were given two PNs (500k & 1M). Under the PNs, they
agreed to pay in 3 years for 12 equal quarterly amortizations. Altough they were able to pay the
Express Loan, they defaulted in the other loan. Several demands were made but still failed to settle
their accounts. The bank filed a petition for the extrajudicial foreclosure of the mortgage. The
petitioner prepared the notice of sale, causing the posting in 3 public places and publication in
Oriental Daily Examiner, a local newspaper in Davao City. Caubang conducted the auction sale with
the bank as the only bidder. Thereafter, a certificate of sale was issued in favor of the bank. The
spouses filed for the nullity of the foreclosure and auction sale with damages against the bank and
Caubang. RTC ordered the nullification for failure to comply with the publication requirement. CA
affirmed RTCs decision. Hence, this petition.
Issue: Whether or not Oriental Daily Examiner is a newspaper of general circulation in the
municipality or city of Davao.
Held: NO. Under Section 3 of Act No. 3135:
Notice shall be given by posting notices of the sale for not less than twenty days in at least
three public places of the municipality or city where the property is situated, and if such
property is worth more than four hundred pesos, such notices shall also be published once a
week for at least three consecutive weeks in a newspaper of general circulation in the
municipality or city.
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu
BY: MICHELLE M. YU
Beltran, Bermas, Boholano,Calayan, Carino, Castro, Chavez, Comagul, De Mesa, Del Rosario, Dingayan, Dugyon
Galias, Garcia, Garvida, Goteesan, Khan, Luglug, Manalo, Martinez, Narag, Ortega, Padon, Parlade
Resma, Rivera, Rocero, San Andres, Siason-Contreras, Torres, Yu