Monday, December 29, 2014

RULES OF SUMMARY PROCEDURE:

     If the extension for the filing of pleadings cannot be allowed, it is illogical and incongruous to admit a pleading that is already filed late. to admit a late answer is to put a premium on dilatory measures, the very mischief that the rules seek to redress.

Tuesday, December 23, 2014

GUARDIANSHIP:

     The distribution of the residue of the estate of the deceased incompetent is a function pertaining properly, not to the guardianship proceedings, but to another proceeding in which the heirs are at liberty to initiate.

Monday, December 22, 2014

APPEALS:

     THE ISSUE OF WHETHER OR NOT THE ACCUSED ACTED IN SELF-DEFENSE IS UNDOUBTEDLY A QUESTION OF FACT, AND IT IS WELL ENTRENCHED IN JURISPRUDENCE THAT FINDINGS OF FACT OF THE TRIAL COURT COMMAND GREAT WEIGHT AND RESPECT UNLESS PATENT INCONSISTENCIES ARE IGNORED OR WHERE THE CONCLUSIONS REACHED ARE CLEARLY UNSUPPORTED BY EVIDENCE. 

Friday, December 19, 2014

CHANGE OF NAME:

     A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

Wednesday, December 17, 2014

GENERAL PRINCIPLES:

     A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. The Supreme Court did not desist from resolving an issue that a supervening event meanwhile rendered moot and academic if any of the following recognized exceptions obtained, namely: (1) there was a grave violation of the Constitution; (2) the case involved a situation of exceptional character and was of paramount public interest; (3) the constitutional issue raised required the formulation of controlling principles to guide the Bench, the Bar and the public; and (4) the case was capable of repetition, yet evading review.

Tuesday, December 16, 2014

APPEALS IN SPECIAL PROCEEDINGS:

     The 48-hour appeal period in habeas corpus demonstrates the adequacy of such remedy in that no unnecessary time will be wasted before the decision will be re-evaluated.

Monday, December 15, 2014

CLERICAL ERROR:

    No intent or the part of the lawmakers to remove the authority of the trial courts to make judicial corrections of entries in the civil registry. It can thus be concluded that the local civil registrar has primary, not exclusive, jurisdiction over such petitions for correction of clerical errors and change of first name or nickname, with R.A. No. 9048 prescribing the procedure that the petitioner and local civil registrar should follow. Since R.A. No. 9048 refers specifically to the administrative summary proceeding before the local civil registrar it would be inappropriate to apply the same procedure to petitions for the correction of entries in the civil registry before the courts.

Wednesday, December 10, 2014

ARREST IN FLAGRANTE DELICTO:

         For this type of warrantless arrest to be valid, two requisites must concur:

      "(1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and,

          (2) such overt act is done in the presence or within the view of the arresting officer."

        A common example of an arrest in flagrante delicto is one made after conducting a buy-bust operation.

Tuesday, December 9, 2014

RECANTATION OF TESTIMONY:

     The recantation of private complainants are insufficient to warrant the reversal of accused’s conviction. Recantations are frowned upon by the courts. A recantation of a testimony is exceedingly unreliable, for there is always the probability that such recantation may later on be itself repudiated. Courts look with disfavor upon retractions, because they can easily be obtained from witnesses through intimidation or for monetary consideration. It is also a dangerous rule for courts to reject testimony solemnly taken before courts of justice simply because the witness who gave it later changed his mind for one reason or another. This will make a mockery of solemn trials and put the investigation of crimes at the mercy of unscrupulous witnesses. A retraction does not necessarily negate an earlier declaration.

Monday, December 8, 2014

DEAF-MUTE WITNESS:

     A deaf-mute is not incompetent as a witness. All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.  Deaf-mutes are competent witnesses where they (1) can understand and appreciate the sanctity of an oath; (2) can comprehend facts they are going to testify on; and (3) can communicate their ideas through a qualified interpreter. (People vs. Hayag, 101 SCRA 67). Thus, in People vs. De Leon, 50 Phil. 539 and People vs. Sasota, 52 Phil. 281, the accused was convicted on the basis of the testimony of a deaf-mute.  Although in People vs. Bustos, 51 Phil 389, the testimony of a deaf-mute was rejected, this was because there were times during his testimony that the interpreter could not make out what the witness meant by the signs she used.

Friday, December 5, 2014

CUSTODIAL INTERROGATION:

     Custodial interrogation means any questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner.

Thursday, December 4, 2014

HEARSAY:

     Section 36 of Rule 130 of the Rules of Court provides that witnesses can testify only with regard to facts of which they have personal knowledge; otherwise, their testimonies would be inadmissible for being hearsay Since the witnesses merely attested to the voluntariness and due execution of the respective extrajudicial confessions of the accused, insofar as the substance of those confessions is concerned, the testimonies of the police witnesses are mere hearsay.



Wednesday, December 3, 2014

HIERARCHY OF EVIDENTIARY VALUES:

     In the hierarchy of evidentiary values, proof beyond reasonable doubt is at the highest level, followed by clear and convincing evidence, then by preponderance of evidence, and lastly by substantial evidence, in that order.

Tuesday, December 2, 2014

FORECLOSURE AND WRIT OF POSSESSION:

 It is settled that questions regarding the validity of a mortgage or its foreclosure as well as the sale of the property covered by the mortgage cannot be raised as ground to deny the issuance of a writ of possession. Any such questions must be determined in a subsequent proceeding. x x x x  If the mortgagor failed to redeem the mortgage within the reglementary period, entitlement to the writ of possession becomes a matter of right and the issuance thereof is merely a ministerial function.
                         
          The judge to whom an application for a writ of possession is filed need not look into the validity of the mortgage or the manner of its foreclosure. Until the foreclosure sale is annulled, the issuance of the writ of possession is ministerialIn fact, even during the period of redemption, the purchaser is entitled as of right to a writ of possession provided a bond is posted to indemnify the debtor in case the foreclosure sale is shown to have been conducted without complying with the requirements of the law. More so when, as in the present case, the redemption period has expired and ownership is vested in the purchaser.  x x x The defaulting mortgagor is not without any expedient remedy, however. For under Section 8 of Act 3135, as amended by Act 4118, it can file with the court which issues the writ of possession a petition for cancellation of the writ within 30 days after the purchaser-mortgagee was given possession.  IN FINE, it would be a grievous error for QC-RTC, Branch 77 to deny petitioners motion for the issuance of a writ of possession.

Monday, December 1, 2014

SHARI’A DISTRICT COURTS:

     All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property shall be under the exclusive original jurisdiction of the Shari’a District Courts.

Friday, November 28, 2014

WRONGFUL ATTACHMENT:

     Where there is wrongful attachment, the attachment defendant may recover actual damages even without proof that the attachment plaintiff acted in bad faith in obtaining the attachment. However, if it is alleged and established that the attachment was not merely wrongful but also malicious, the attachment defendant may recover moral damages and exemplary damages as well. Either way, the wrongfulness of the attachment does not warrant the automatic award of damages to the attachment defendant; the latter must first discharge the burden of proving the nature and extent of the loss or injury incurred by reason of the wrongful attachment.

Thursday, November 27, 2014

GENERAL PRINCIPLES:

     The Court adopted a policy of liberally construing its rules in order to promote a just, speedy and inexpensive disposition of every action and proceeding. The rules can be suspended on the following grounds: (1) matters of life, liberty, honor or property, (2) the existence of special or compelling circumstances, (3) the merits of the case, (4) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules, (5) a lack of any showing that the review sought is merely frivolous and dilatory, and (6) the other party will not be unjustly prejudiced thereby.

Wednesday, November 26, 2014

PARTITION:

     Partition is the separation, division and assignment of a thing held in common among those to whom it may belong.


Tuesday, November 25, 2014

EJECTMENT:

     An ejectment case is designed to restore, through summary proceedings, the physical possession of any land or building to one who has been illegally deprived of such possession, without prejudice to the settlement of the parties’ opposing claims of juridical possession in appropriate proceedings.  Any ruling on the question of ownership is only provisional and made for the sole purpose of determining who is entitled to possession de facto. Certainly, a judgment in an ejectment case could only resolve the question as to who has a better right to possess the subject property but definitely, it could not conclusively determine whether petitioners are entitled to the award under the ZIP or ascertain if respondents are disqualified beneficiaries.

Monday, November 24, 2014

JURISDICTION OVER PROVISIONAL REMEDIES:

     The Court which grants or issues a provisional remedy is the court which has jurisdiction over the main action. This includes an inferior court which may grant a provisional remedy in an action pending within its jurisdiction. The provisional remedy is applied for and granted by the court which has jurisdiction over the principal action.

Friday, November 21, 2014

DYING DECLARATION:

          As an exception to the rule against hearsay evidence, a dying declaration or ante mortem statement is evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation.

          In order for a dying declaration to be held admissible, four requisites must concur: first, the declaration must concern the cause and surrounding circumstances of the declarant's death; second, at the time the declaration was made, the declarant must be under the consciousness of an impending death; third, the declarant is competent as a witness; and fourth, the declaration must be offered in a criminal case for homicide, murder, or parricide, in which the declarant is the victim.

Thursday, November 20, 2014

DOCTRINE OF EQUITABLE ESTOPPEL OR ESTOPPEL BY LACHES:

       In Tijam v. Sibonghanoy (131 Phil. 556 (1968), the party-litigant actively participated in the proceedings before the lower court and filed pleadings therein. Only 15 years thereafter, and after receiving an adverse Decision on the merits from the appellate court, did the party-litigant question the lower court’s jurisdiction. Considering the unique facts in that case, the Supreme Court held that estoppel by laches had already precluded the party-litigant from raising the question of lack of jurisdiction on appeal. In Figueroa v. People, G.R. No. 147406, 14 July 2008, 558 SCRA 63, the Supreme Court cautioned that Tijam must be construed as an exception to the general rule and applied only in the most exceptional cases whose factual milieu is similar to that in the latter case.

Tuesday, November 18, 2014

SEARCH INCIDENTAL TO A LAWFUL ARREST:

     Under Section 13, Rule 126 of the Rules of Court, "[a] person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.

Monday, November 17, 2014

DENIALS:

     Denial is a self-serving negative evidence, which cannot be given greater weight than that of the declaration of a credible witness who testifies on affirmative matters. Like alibi, denial is an inherently weak defense, which cannot prevail over the positive and credible testimonies of the prosecution witnesses. Denial cannot prevail over the positive testimonies of prosecution witnesses who, as in this case, were not shown to have any ill motive to testify against petitioner.

Friday, November 14, 2014

SWEETHEART DEFENSE:

     The sweetheart defense is a much-abused defense that rashly derides the intelligence of the Court. Being an affirmative defense, the invocation of a love affair must be supported by convincing proof.  In this case, apart from his self-serving assertions, Cabanilla offered no sufficient and convincing evidence to substantiate his claim that they were lovers.

Thursday, November 13, 2014

INTERPLEADER:

Interpleader is a remedy whereby a person, who has property in his possession or an obligation to perform, either wholly or partially, but who claims no interest in the subject, or whose interest, in whole or in part, is not disputed by others, goes to court and asks that conflicting claimants to the property or obligation be reduced to litigate themselves in order to determine finally who’s entitled to the same.

      Otherwise stated, a person against whom conflicting claims are asserted by several claimants over the same subject matter, but who claims no interest whatever therein, may bring an action for interpleader against the several claimants to compel them to interplead and litigate their several claims among themselves. (Section 1, Rule 62)

Tuesday, November 11, 2014

PROBATE PROCEEDING:

     The authority of the probate court is limited to ascertaining whether the testator, being of sound mind, freely executed the will in accordance with the formalities prescribed by law. Thus, petitioner’s claim of title to the properties forming part of her husband’s estate should be settled in an ordinary action before the regular courts.

Monday, November 10, 2014

VALID WARRANTLESS SEARCHES: THE FOLLOWING ARE THE WELL-RECOGNIZED INSTANCES WHERE SEARCHES AND SEIZURES ARE ALLOWED EVEN WITHOUT A VALID WARRANT:

     (1) Warrantless search incidental to a lawful arrest: (2) [Seizure] of evidence in "plain view." The elements are: a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; b) the evidence was inadvertently discovered by the police who have the right to be where they are; c) the evidence must be immediately apparent; and d) "plain view" justified mere seizure of evidence without further search; (3) Search of a moving vehicle. Highly regulated by the government, the vehicle’s inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity; (4) Consented warrantless search; (5) Customs search; (6) Stop and Frisk; (7) Exigent and emergency circumstances; (8) Search of vessels and aircraft; [and] (9) Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations. x x x x In the exceptional instances where a warrant is not necessary to effect a valid search or seizure, what constitutes a reasonable or unreasonable search or seizure is purely a judicial question, determinable from the uniqueness of the circumstances involved, including the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched, and the character of the articles procured (VALEROSO vs. COURT OF APPEALS, [2009]).

Friday, November 7, 2014

GUARDIANSHIP:

     A guardianship is a trust relation of the most sacred character, in which one person, called a "guardian" acts for another called the "ward" whom the law regards as incapable of managing his own affairs. A guardianship is designed to further the ward’s well-being, not that of the guardian. It is intended to preserve the ward’s property, as well as to render any assistance that the ward may personally require. It has been stated that while custody involves immediate care and control, guardianship indicates not only those responsibilities, but those of one in loco parentis as well. In a guardianship proceeding, a court may appoint a qualified guardian if the prospective ward is proven to be a minor or an incompetent. A reading of Section 2, Rule 92 of the Rules of Court tells us that persons who, though of sound mind but by reason of age, disease, weak mind or other similar causes, are incapable of taking care of themselves and their property without outside aid are considered as incompetents who may properly be placed under guardianship. (Oropesa vs. Oropesa [2012]).

Thursday, November 6, 2014

PERSONAL ACTION AND REAL ACTIONS:

     In a personal action, the plaintiff seeks the recovery of personal property, the enforcement of a contract, or the recovery of damages. Real actions, on the other hand, are those affecting title to or possession of real property, or interest therein (MARCOS-ARANETA VS. CA [2008]).



Friday, October 31, 2014

ADMISSIBILITY OF TAPE RECORDING:

     Before a tape recording is admissible in evidence and given probative value, the following requisites must first be established, to wit: (1) a showing that the recording device was capable of taking testimony; (2)  a showing that the operator of the device was competent; (3) establishment of the authenticity and correctness of the recording; (4) a showing that changes, additions, or deletions have not been made; (5) a showing of the manner of the preservation of the recording; (6) identification of the speakers; an (7)  a showing that the testimony elicited was voluntarily made without any kind of inducement.  In one case, it was held that the testimony of the operator of the recording device as regards its operation, his method of operating it, the accuracy of the recordings, and the identities of the persons speaking laid a sufficient foundation for the admission of the recordings. Likewise, a witness' declaration that the sound recording represents a true portrayal of the voices contained therein satisfies the requirement of authentication. The party seeking the introduction in evidence of a tape recording bears the burden of going forth with sufficient evidence to show that the recording is an accurate reproduction of the conversation recorded. These requisites were laid down precisely to address the criticism of susceptibility to tampering of tape recordings. Thus, it was held that the establishment of a proper foundation for the admission of a recording provided adequate assurance that proper safeguards were observed for the preservation of the recording and for its protection against tampering. (Torralba vs. People [2005]). 

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Thursday, October 30, 2014

ONE-DAY EXAMINATION OF WITNESS RULE:

     Par. 5(i) of Supreme Court A.M. No. 03-1-09-SC requires that a witness has to be fully examined in one (1) day only. This rule shall be strictly adhered to subject to the courts’ discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable reasons. On the last hearing day allotted for each party, he is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter, the judge shall make the ruling on the offer of evidence in open court. However, the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132.

Friday, October 24, 2014

JUSTICE PERALTA:

     the propriety of granting letters testamentary to respondents, do not fall within any ground which can be the subject of a direct appeal to thE SUPREME Court UNDER RULE 45 OF THE RULES OF COURT. (REPUBLIC VS. MARCOS II [2009], PERALTA, J.)

JUSTICE PERALTA:

     DELAY IN REPORTING RAPE CASES: Delay in reporting an incident of rape due to death threats does not affect the credibility of the complainant, nor can it be taken against her. The charge of rape is rendered doubtful only if the delay was unreasonable and unexplained. BBB explained that she did not immediately report the abduction, rape and detention of her daughter to the authorities, because Egap threatened to kill AAA, who was then in his custody. Further, BBB testified that, on another occasion, Egap threatened to kill her if she dared to report the matter to the authorities. True enough, when Egap learned that she did what he forbade her to do, he made good his threat and shot her at the back. Thus, BBB's delay in reporting the incident for five months should not be taken against her. (PEOPLE VS. MADSALI [2010], PERALTA, J.).

JUSTICE PERALTA:

     CIRCUMSTANTIAL EVIDENCE: Circumstantial evidence suffices to convict an accused only if the circumstances proved constitute an unbroken chain which leads to one fair and reasonable conclusion that points to the accused, to the exclusion of all others as the guilty person; the circumstances proved must be consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time inconsistent with any other hypothesis except that of guilty (PEOPLE VS.  RAMOS [2010], PERALTA, J).

Wednesday, October 22, 2014

JUSTICE PERALTA:

     FACTUAL FINDINGS OF THE TRIAL COURT: The Supreme Court has long adhered to the rule that findings of the trial court on the credibility of witnesses and their testimonies are accorded great respect unless it overlooked substantial facts and circumstances, which if considered, would materially affect the result of the case.  This deference to the trial court’s appreciation of the facts and of the credibility of witnesses is consistent with the principle that when the testimony of a witness meets the test of credibility, that alone is sufficient to convict the accused. This is especially true when the factual findings of the trial court are affirmed by the appellate court (PENTECOSTES, JR. VS. PEOPLE [2010], PERALTA, J.).

Tuesday, October 21, 2014

JUSTICE PERALTA:

     EQUIPOISE RULE:  Where the evidence on an issue of fact is in equipoise, or there is doubt on which side the evidence preponderates, the party having the burden of proof loses. The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, for then the evidence does not suffice to produce a conviction.

     The equipoise rule has been generally applied when the parties have already concluded the presentation of their respective evidence (PEOPLE VS. HON. GABO [2010], PERALTA, J).

JUSTICE PERALTA:

     SUBSTANTIAL EVIDENCE: In administrative cases, the quantum of evidence necessary to find an individual administratively liable is substantial evidence.  Section 5, Rule 133 of the Rules of Court is explicit, to wit: Sec. 5. Substantial evidence. – In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion

     Substantial evidence does not necessarily mean preponderant proof as required in ordinary civil cases, but such kind of relevant evidence as a reasonable mind might accept as adequate to support a conclusion or evidence commonly accepted by reasonably prudent men in the conduct of their affairs (OMBUDSMAN VS. ZALDARRIAGA [2010], PERALTA, J).

JUSTICE PERALTA:

     PREPONDERANCE OF EVIDENCE: It is a basic rule in evidence that each party to a case must prove his own affirmative allegations by the degree of evidence required by law. In civil cases, the party having the burden of proof must establish his case by preponderance of evidence, or that evidence that is of greater weight or is more convincing than that which is in opposition to it. It does not mean absolute truth; rather, it means that the testimony of one side is more believable than that of the other side, and that the probability of truth is on one side than on the other (REYES VS. CENTURY CANNING CORP. [2010], PERALTA, J.).

Thursday, October 16, 2014

JUSTICE PERALTA:

The fact that the notice of hearing was published in a newspaper of general circulation and notice thereof was served upon the State will not change the nature of the proceedings taken. A reading of Sections 4 and 5, Rule 108 of the Rules of Court shows that the Rules mandate two sets of notices to different potential oppositors: one given to the persons named in the petition and another given to other persons who are not named in the petition but nonetheless may be considered interested or affected parties. Summons must, therefore, be served not for the purpose of vesting the courts with jurisdiction but to comply with the requirements of fair play and due process to afford the person concerned the opportunity to protect his interest if he so chooses.

While there may be cases where the Court held that the failure to implead and notify the affected or interested parties may be cured by the publication of the notice of hearing, earnest efforts were made by petitioners in bringing to court all possible interested parties. Such failure was likewise excused where the interested parties themselves initiated the corrections proceedings; when there is no actual or presumptive awareness of the existence of the interested parties; or when a party is inadvertently left out.

          It is clear from the foregoing discussion that when a petition for cancellation or correction of an entry in the civil register involves substantial and controversial alterations, including those on citizenship, legitimacy of paternity or filiation, or legitimacy of marriage, a strict compliance with the requirements of Rule 108 of the Rules of Court is mandated. If the entries in the civil register could be corrected or changed through mere summary proceedings and not through appropriate action wherein all parties who may be affected by the entries are notified or represented, the door to fraud or other mischief would be set open, the consequence of which might be detrimental and far reaching. (REPUBLIC vs. DR. UY [2013], PERALTA, J).

JUSTICE PERALTA:

Preliminary mandatory injunction should only be granted "in cases of extreme urgency; where the right is very clear; where considerations of relative inconvenience bear strongly in complainant's favor; where there is a willful and unlawful invasion of plaintiff's right against his protest and remonstrance, the injury being a continuing one; and where the effect of the mandatory injunction is rather to re-establish and maintain a pre-existing continuing relation between the parties, recently and arbitrarily interrupted by the defendant, than to establish a new relation."

A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction.

To justify the issuance of a writ of preliminary mandatory injunction, it must be shown that: (1) the complainant has a clear legal right; (2) such right has been violated and the invasion by the other party is material and substantial; and (3) there is an urgent and permanent necessity for the writ to prevent serious damage.

         An injunction will not issue to protect a right not in esse, or a right which is merely contingent and may never arise since, to be protected by injunction, the alleged right must be clearly founded on or granted by law or is enforceable as a matter of law. (HEIRS OF MELENCIO YU vs. CA [2013], PERALTA, J).


Tuesday, October 14, 2014

JUSTICE PERALTA:

     AMENDMENTS:   Under Section 8, Rule 10 of the Rules of Court, an amended complaint supersedes an original one. As a consequence, the original complaint is deemed withdrawn and no longer considered part of the record. (Figuracion vs. Libi, G.R. No. 155688, November 28, 2007) In the present case, the Amended Complaint is, thus, treated as an entirely new complaint. As such, respondents had every right to move for the dismissal of the said Amended Complaint. Were it not for the filing of the said Motion, respondents would not have been able to file a petition for certiorari before the CA which, in turn, rendered the presently assailed judgment in their favor. (MERCADO VS. SPS. ESPINA [2012], PERALTA, J.) 

JUSTICE PERALTA:

     LACHES SHOULD BE CLEARLY PRESENT FOR THE SIBONGHANOY DOCTRINE TO APPLY BECAUSE THE DOCTRINE ENUNCIATED INTIJAM VS. SIBONGHANOY IS MERELY AN EXCEPTION RATHER THAN THE RULE. (Vda. De Herrera vs. Bernardo [2011] PERALTA, J.).

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JUSTICE PERALTA:

     A MOTION FOR RECONSIDERATION IS A CONDITION SINE QUA NON FOR THE FIULING OF A PETITION FOR CERTIORARI: Concededly, the settled rule is that a motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari.  Its purpose is to grant an opportunity for the court to correct any actual or perceived error attributed to it by the re-examination of the legal and factual circumstances of the case. The rule is, however, circumscribed by well-defined exceptions, such as (1) where the order is a patent nullity, as where the court a quo has no jurisdiction; (2) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; (3) where there is an urgent necessity for the resolution of the question and any further delay will prejudice the interests of the Government or of the petitioner, or the subject matter of the action is perishable; (4) where, under the circumstances, a motion for reconsideration will be useless; (5) where petitioner was deprived of due process and there is extreme urgency for relief; (6) where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable; (7) where the proceedings in the lower court are a nullity for lack of due process; (8) where the proceedings was ex parte or in which the petitioner had no opportunity to object; and (9) where the issue raised is one purely of law or public interest is involved. (i) where the issue raised is one purely of law or where public interest is involved. (TANG vs. SUBIC BAY DISTRIBUTION [2010], PERALTA, J).

Monday, October 13, 2014

JUSTICE PERALTA:

     TRUST:     A trust is the legal relationship between one person having an equitable ownership of property and another person owning the legal title to such property, the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. Trusts are either express or implied. Express or direct trusts are created by the direct and positive acts of the parties, by some writing or deed, or will, or by oral declaration in words evincing an intention to create a trust. Implied trusts – also called “trusts by operation of law,” “indirect trusts” and “involuntary trusts” – arise by legal implication based on the presumed intention of the parties or on equitable principles independent of the particular intention of the parties. They are those which, without being expressed, are deducible from the nature of the transaction as matters of intent or, independently of the particular intention of the parties, as being inferred from the transaction by operation of law basically by reason of equity. (ESTATE OF CABACUNGAN VS. LAIGO [2011], PERALTA, J.)

Friday, October 10, 2014

JUSTICE PERALTA:

     execution of the certification against forum shopping by the attorney-in-fact is not a violation of the requirement that the parties must personally sign the same: (MONASTERIO-PE VS. TONG, PERALTA, J.).

Thursday, October 9, 2014

JUSTICE PERALTA:

 PRELIMINARY INJUNCTION:  The writ of injunction should never issue when an action for damages would adequately compensate the injuries caused. The very foundation of the jurisdiction to issue the writ rests in the probability of irreparable injury, the inadequacy of pecuniary compensation, and the prevention of the multiplicity of suits, and where facts are not shown to bring the case within these conditions, the relief of injunction should be refused.

        It is settled that a writ of preliminary injunction should be issued only to prevent grave and irreparable injury, that is, injury that is actual, substantial, anddemonstrable. (HEIRS OF MELENCIO YU vs. CA [2013], PERALTA, J).

Wednesday, October 8, 2014

JUSTICE PERALTA:

THE RTC CLEARLY EXCEEDED ITS JURISDICTION WHEN IT ENTERTAINED THE JOINT MOTION FOR RECONSIDERATION WITH RESPECT TO THE RESPONDENTS WHO WERE AT LARGE.

         IT SHOULD HAVE CONSIDERED THE JOINT MOTION AS A MOTION FOR RECONSIDERATION THAT WAS SOLELY FILED BY ACCUSED who was present during the promulgation. (PEOPLE VS. DE GRANO, 2009, PERALTA, J.).


Tuesday, October 7, 2014

JUSTICE PERALTA:

Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground for dismissal under Rule 16 of the Rules of Court. (Dabuco vs. Court of Appeals, G.R. No. 133775, January 20, 2000)

A complaint states a cause of action if it avers the existence of the three essential elements of a cause of action, namely:

          (a) The legal right of the plaintiff;
          (b) The correlative obligation of the defendant; and
          (c) The act or omission of the defendant in violation of said legal right.

      If the allegations in the complaint do not aver the concurrence of these elements, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action. (Mercado vs. Sps. Espina [2012], PERALTA, J.)

Friday, October 3, 2014

JUSTICE PERALTA:

     The procedure for the determination of just compensation cases under R.A. No. 6657, as summarized in Land Bank of the Philippines vs. Banal, is that initially, the Land Bank is charged with the responsibility of determining the value of lands placed under land reform and the compensation to be paid for their taking under the voluntary offer to sell or compulsory acquisition arrangement. Thus, in determining just compensation, the RTC is required to consider the following factors: (1) the acquisition cost of the land; (2) the current value of the properties; (3) its nature, actual use, and income; (4) the sworn valuation by the owner; (5) the tax declarations; (6) the assessment made by government assessors; (7) the social and economic benefits contributed by the farmers and the farmworkers, and by the government to the property; and (8) the non-payment of taxes or loans secured from any government financing institution on the said land, if any. (Land Bank vs. Sps. Costo [2012], Peralta, J).

Thursday, October 2, 2014

JUSTICE PERALTA:

     Quo Warranto: A quo warranto proceeding is the proper legal remedy to determine the right or title to the contested public office and to oust the holder from its enjoyment. It is brought against the person who is alleged to have usurped, intruded into, or unlawfully held or exercised the public office. It may be brought by the Republic of the Philippines or by the person claiming to be entitled to such office. In quo warranto, the petitioner who files the action in his name must prove that he is entitled to the subject public office. In other words, the private person suing must show a clear right to the contested position.  Otherwise, the person who holds the same has a right to undisturbed possession and the action for quo warranto may be dismissed. It is not even necessary to pass upon the right of the defendant who, by virtue of his appointment, continues in the undisturbed possession of his office (Arquero vs. CA [2011], PERALTA, J).

Wednesday, October 1, 2014

JUSTICE PERALTA:

     Petition [under Rule 65] shall not interrupt the course of the principal case:  In People v. Hernandez, the Court held that “delay resulting from extraordinary remedies against interlocutory orders” must be read in harmony with Section 7, Rule 65 of the Rules of Court which provides that the “[p]etition [under Rule 65] shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.” The trial court was then correct and acting well within its discretion when it refused to grant petitioners' motions for postponement mainly because of the pendency of their petition for transfer of venue (MARI & PEOPLE VS. HON. GONZALES [2011], PERALTA, J).

Tuesday, September 30, 2014

JUSTICE PERALTA:

The People may assail a judgment of acquittal only via petition for certiorari under Rule 65 of the Rules.

          If the petition, regardless of its nomenclature, merely calls for an ordinary review of the findings of the court a quo, the constitutional right of the accused against double jeopardy would be violated. (VILLAREAL VS. ALIGA, 2014, PERALTA, J.)

Monday, September 29, 2014

JUSTICE PERALTA:

     when a complaint is dismissed without prejudice at the instance of the plaintiff, pursuant to Section 1, Rule 17 of the 1997 Rules of Civil Procedure, there is no need to state in the certificate of non-forum shopping in a subsequent re-filed complaint the fact of the prior filing and dismissal of the former complaint. (BENEDICTO vs. LACSON [2010], PERALTA, J.).

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Saturday, September 27, 2014

JUSTICE PERALTA:

   In criminal cases, the grant of demurrer is tantamount to an acquittal and the dismissal order may not be appealed because this would place the accused in double jeopardy. Although the dismissal order is not subject to appeal, it is still reviewable but only through certiorari under Rule 65 of the Rules of Court. (PEOPLE vs. ATIENZA, 2012, PERALTA, J.).

Thursday, September 25, 2014

JUSTICE PERALTA:

     Forum-shopping can be committed in three ways: (1) by filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (where the ground for dismissal is litis pendentia); (2) by filing multiple cases based on the same cause of action and with the same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata); and (3) by filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata). (BORRA vs. CA [2013], PERALTA, J.)

Wednesday, September 24, 2014

JUSTICE PERALTA:

     JURISDICTION OVER THE SUBJECT MATTER: It is a settled rule that jurisdiction over the subject matter is determined by the allegations in the complaint. It is not affected by the pleas or the theories set up by the defendant in an answer or a motion to dismiss. Otherwise, jurisdiction would become dependent almost entirely upon the whims of the defendant. (MEDICAL PLAZA MAKATI CONDOMINIUM VS.  CULLEN [2013], PERALTA, J.)

Tuesday, September 23, 2014

JUSTICE PERALTA:

     PRELIMINARY INJUNCTION: For a writ of preliminary injunction to issue, the following essential requisites must concur, to wit: (1) that the invasion of the right is material and substantial; (2) that the right of complainant is clear and unmistakable; and, (3) that there is an urgent and paramount necessity for the writ to prevent serious damage. In the present case, the right of respondents cannot be said to be clear and unmistakable, because the prevailing jurisprudence is that the penalty of dismissal from the service meted on government employees or officials is immediately executory in accordance with the valid rule of execution pending appeal uniformly observed in administrative disciplinary cases. (OMBUDSMAN vs. DE CHAVEZ [2013], PERALTA, J).

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