SUPREME COURT DECISION 1. 2. Forum Shopping - Ismael V. Santos v. Court of Appeals et al.

- August 01 Writ of Cretiorari National Housing Authority v. Court of Appeals August 01

3. Claims for Refund Nestle Philippines Inc. (Formerly Fillpro Inc.) v. Hon. Court of Appeals August 01 4. Rescission Spouses Mariano & Avelina Velarde v. Court of Appeals August 01 5. Aggravating Circumstances People of the Philippines v. George Cortes y Ortega August 01 6. 7. Fraud/Prescription Tiburcio Samonte v. Court of Appeals August 01 Deficiency Claim State Investment House Inc. v. Court of Appeals August 01

8. Foreign Judgment Asiavest Merchant Bankers (M) Berhad v. Court of Appeals August 01 9. Delivery of Car Union Motor Corporation v. The Court of Appeals August 01

10. SEC Appeal Kanimetsu Yamaoka v. Pescarich Manufacturing Corp. August 01 11. 12. 13. Backwages Philippine Journalist Inc., v. Michael Mosqueda June 04 Contract of Adhesion Pilipino Telephone Corp., v. Delfino Tecson June 04 Period to Appeal Florentino Zaragoza v. Pedro Nobleza June 04

14. Period to File Certiorari Siena Realty Corp., v. Hon. Lolita Gal-lang et al. June 04 15. Rescission Leonardo Chua et al. v. Mutya B. Victorio June 04

16. Occupational Disease Azucena O. Salalima v. Employees Compensation Comm. et al. June 04 17. Gross Dishonesty Alleged Tampering of the Daily Time Records (DTR) of Sherry B. Cervantes Court Stenographer III, Branch 18, Regional Trial Court Manila June 04 18. Jursidiction Pacita G. Varona v. Court of Appeals June 04

19. Gross Misconduct of a Lawyer - Priscilla Z. Orbe v. Atty. Henry Adaza June 04 20. Illegal Dismissal - R. Transport Corp. v. Rogelio Ejandra June 04

21. Psychological Incapacity Republic of the Phils. V. LolitA Quintero-Hamano June 04 22. 23. 24. Filiation Rosalina Eceta v. Ma. Theresa Vell Lagura Eceta June 04 Writ of Possession Sps. Samson v. Judge Rivera June 04 Disbarment Gaviola v. Salcedo June 04

25. Minor acted with discernment, Failure to prove Jose vs. People of the Philippines Feb 05 26. 27. Libel Filipinas Broadcasting Network, Inc. vs. Ago Medical Feb 05 Retirement Plans Gerlach vs. Reuters Limited, Phils. Feb 05

28. Authority of MTRCB to review All Television Programs Movie Television Review vs. ABS-CBN Broadcasting et al. Feb 05 29. Whether a Municipality whose creation was previously voided attain recognition because of time Camid vs. The Office of the President Feb 05 30. Immediately Final and Executory Judgements of Family Courts not Subject to Appeal Republic of the Philippines vs. Lorino Feb 05 31. Probate of Wills: Attestation Clause Testate Estate of the Alipio Abada vs. Alipio Abaja Feb. 05 32. Piercing the Corporate Veil Pamplona Plantation Company, Inc. and/or Bondoc, vs. Tinghil March 05 33. Equitable Mortgage Ramos vs. Sarao March 05

34. Unutilized input VAT payments Commissioner of Internal Revenue vs. Seagate Technology(Philippines) March 05 35. Notarial Extra Judicial Foreclosure PNB vs. Timbol March 05

36. Backwages for illegal dismissal (reiterating ruling in Bustamante vs. NLRC) Cabatulan vs. Hon. Buat March 05 37. Jurisdiction of Sandiganbayan over government controlled corporation organized under the Corporation Code People of the Philippines vs. The Hon. Sandiganbayan March 05 Supreme Court Decision Continuation: 38. Jurisdiction of the (COSLAP) Commission on Settlement of Land Problems Longino vs. Atty. Lina A. General March 05 39. Reconstitution of Title Juco vs. Heirs of Tomas Siy Chung Fu March 05

40. Fraus et jus nunquam cohabitant Republic of the Philippines vs. Agunoy, Sr. March 05 41. Action for Reconveyance Engr. Leyson vs. Bontuyan March 05

42. BP 22 (notice of dishonour) Billones vs. The People of the Philippines April 05 43. Deputy Ombudsman not an Impeachable Officer Office of the Ombudsman vs. Hon. Court of Appeals April 05 44. Filing of Intra-Corporate Action not necessity a bar to filing related action Mobilia Products, Inc. vs. Umezawa and Companion Case April 05 45. Failure to give teaching load to part-time teacher does not amount of illegal dismissal Saint Marys University vs. Court of Appeals April 05

46. Liability of principals in service contracts under Section 6 of RA 6727 limited only to the increment in the minimum wage NFA vs. Masada Security Agency, Inc. April 05 47. Aquino/Galman Case: Concept of Newly discovered evidence Brig. Gen. Custodio vs. Sandiganbayan April 05 48. Basis of quorum for a stockholders meeting, capital stock as indicated in the articles of incorporation or that contained in the companys stock and transfer books? Lanuza vs. Court of Appeals April 05 49. In technical malversation, unlawful intent essential Abdulla vs. People of the Philippines May 05 50. Prejudicial question in situation involving a civil action and an administrative action Abacan, Jr. vs. Northwestern University, Inc. May 05 51. Validity of City Ordinance City of Manila, Hon. Lim as the Mayor of City of Manila vs. Hon. Laguio, Jr., as Presiding Judge, RTC, Manila and Malate Tourist Development Corporation May 05 52. Legal Ethics: Rule 6.03 of the CPR PCGG vs. Sandiganbayan (Fifth Division) May 05 53. Powers of the MMDA MMDA vs. Garin May05

54. Excess Income Tax not applied to taxes die following year refundable on the subsequent year Calamba Steel Center, Inc.(formerly JS Steel Corporation) vs. Commissioner of Internal Revenue May 05

Supreme Court Decision Continuation: 55. Retrenchment Blucor Minerals Corporation vs. Amarilla June 05

56. IBP Dues Letter of Atty. Arevalo Jr., Requesting Exemption from Payment of IBP Dues June 05 57. Oral Contract of Lease Dula vs. Dr. Maravilla June 05

58. Procedural Law: Verification & Certification Ateneo de Naga University vs. Manalo June 05 59. Remedial Law: Residual Jurisdiction/Period to file Motion for New Trial Atty. Fernandez vs. Hon. Court of Appeals June 05

60. Constructive Trust: Land Registration Aznar Brothers Realty Company vs. Aying June 05 61. Insurance Liability for earthquake damage Gulf Resort Inc., vs. Philippine Charter Insurance Corporation June 05 62. Service Incentive Leaves Auto Bus Transport Systems, Inc. vs. Bautista June 05 63. Rescission of Contract Sps. Felipe and Leticia Cannu vs. Sps. Gil and Fernandina Galang June 05 64. Teleconferencing/ Authority of Resident Agent to sign non forum certificate Expertravel & Tours, Inc. vs. Court of Appeals June 05 65. Copyright Infringement NBI Microsoft Corp., vs. Hwang July 05

66. Interest as actual and compensatory damages The President of the Philippine Deposit Insurance Corp. as Liquidator of Pacific Banking Corp., vs. Hon. Reyes, Pairing Judge, RTC Manila, Branch 31 July 05 67. Extraterritorial Protection of Labor Law Philippine National Bank vs. Cabansag July 05 68. Service of Summons on Corporation under Man Com. Tysons Super Concrete, Inc., vs. Court of Appeals July 05 69. Forum Shopping Sherwill Development Corporation vs. Sitio Sto. Nio Residents Association, Inc. July 05

Supreme Court Decision Continuation: 70. Search Warrant: Involvement of Private Parties United Laboratories, Inc., vs. Isip July 05 71. Pre-Proclamation Controversies Ms. Lucman vs. Commission on Elections July 05 72. Injunctive Relief The Phil. Ports Authority vs. Cipres Stevedoring Aug 05

73. City of Makati Business Tax Mobil Philippines Inc. vs. The City Treasurer of Makati Aug 05 74. Local Franchise Tax PLDT Company, Inc., vs. City of Bacolod Aug 05

75. Blanket Mortgage Clause or Dragnet Clause Prudential Bank vs. Don A. Aviar and Georgia B. Aviar Aug 05 76. Notice Resetting Pre-Trial Advance Textile Mills, Inc., vs. Tan, doing business under the name WCT Manufacturing Aug 05 77. Insurance Business White Gold Marine Services, Inc., vs. Pioneer Insurance Aug 05 78. Requirement of Offense Committed is in relation to the Office Adaza vs. Sandiganbayan Aug 05 79. Lands Classified as Mineral exempt from Agrarian Reform Aninao vs. Asturias Chemical Industries, Inc. Aug 05 80. Labor Law: Regularization attaches immediately after end of one year period Kay Products, Inc. and/or Kay Lee vs. Hon. Court of Appeals Aug 05 81. Formal Substitution of deceased litigant not necessary if heirs voluntarily appear in case Spouses Julita and Felipe dela Cruz vs. Joaquin Aug 05 82. Joinder of Indispensible Parties Lotte Phil. Co., Inc., vs. Dela Cruz Aug 05

83. Intestate or Probate Court does not have jurisdiction to determine questions of ownership-after inventory is already approved Pacioles, Jr. vs. Chuatoco-Ching Sept 05 84. Redemption period and right of redemption Sps. Landrito, Jr. and Edgalani vs. The Hon. Court of Appeals Sept 05

Supreme Court Decision Continuation: 85. Proper procedure in questioning a filed information Balatazar vs. Pantig Sept 05 86. Cross Border Doctrine/Fiction of the ECOZONE as a foreign territory Commissioner of Internal Revenue vs. Toshiba Information Equipment (Phils.), Inc., Sept 05 87. Labor Law: Closure or cessation of an undertaking Alabang Country Club Inc., vs. National Labor Relation Commission Sept 05 88. Supervening Event Silverio Jr., vs. Filipino Business Consultants, Inc. Sept 05

89. Private Complaining party has no right to appeal decision of disciplining authority The National Appellate Board (NAB) of the National Police Commission (NAPOLCOM) vs. P/Insp. Mamauag Sept 05 90. BP 22, Statement of Facts/Elements of Ongson vs. People of the Philippines Sept 05 91. reiteration of ruling in Dai-Chi Electronics Manufacturing as Villarama (Labor Law) Yusen Air and Sea Service Philippines, Inc., vs. Villamor Sept 05 92. Dealings thru a fixer negate good faith - Civil Service Commission vs. Maala Sept 05 93. Pleadings must Specify amount of damages in both body and prayer Siapno vs. Manalo Sept 05 94. Filiation & Status of Children: Presumption of Legitimacy Concepcion vs. Court of Appeals Sept 05 95. Exclusion of Counsel from Criminal Complaints Republic of the Philippines vs. Hon. Desierto Sept 05 96. Evidence: Birth Certificate not signed by either parent not proof of legitimate filiation Belen Sagad Angeles vs. Aleli Corazon Angeles Maglaya Oct 05 97. When Market Value will determine jurisdiction over reconveyance Barangay Piapi vs. Talip representing the Heirs of Jayag Oct 05 98. Suits by developers of subdivision for unpaid amortization cognizable by HLURB Francel Realty Corporation vs. Sycip Oct 05 Supreme Court Decision Continuation: 99. tender of a check, Sufficient to compel redemption Biana vs. Gimenez Oct 05 100. Anticipating Breach/Failure to State a Cause of Action Danfoss, Inc. vs. Continental Cement Corp. Oct 05 101. Fresh Period Rule of 15 days within which to file Notice of Appeal Neypes vs. Hon. Court of Appeals Oct 05 102. Void Judgements Roces vs. House of Representatives Electoral Tribunal Oct 05 103. Article 1191 of the Civil Code: Power to Rescind Obligations Casio Jr. vs. The Court of Appeals Oct 05

104. Declaratory Relief should be filed before a breach/Prescription of Mortgage Tambunting, Jr. vs. Sps. Sumabat Oct 05 105. P.D. 1517, Right of First Refusal Sps. Roberto and Natividad Valderama vs. Macalde Oct 05 106. Third-Party Complaint for Cancellation of title deemed a direct attack Sps. Amancio and Luisa Sarmiento vs. The Hon. Court of Appeals Oct 05 107. Trademarks Levi Strauss & Co., vs. Clinton Apparelle, Inc. Oct 05 108. Contract to Sell Sacobia Hills Development Corp., vs. Ty Oct 05 109. Public Bidding Public Estate Authority vs. Bolinao Security Nov 05 110. Tax Law: Real Estate Tax based on amount in deed conveyance, invalid Allied Banking Corporation vs. The Quezon City Government Nov 05 111. Authority to Contract Foreign Loans Sps. Constatino, Jr., vs. Hon. Cuisia Nov 05 112. Powers of Home Insurance Guarantee Corporation Metro Properties, Inc., vs. Magallanes Village Association Nov 05 113. Martial Law perse is not a consent-vitiating phenomenon Philippine Free Press, Inc., vs. Court of Appeals Nov 05

Supreme Court Decision Continuation: 114. Land Titles: Notice of delinquency sale Sps. Ramon and Rosita Tan vs. Bantegui Nov 05 115. Mortgagee-Creditor does not assume liabilities of mortgagor towards its employees Barayoga vs. Asset Privatization Nov 05 116. Corporate Law: Residence of a Corporation Hyatt Elevators and Escalators Corporation vs. Goldstar Elevators, Phils., Inc. Nov 05 117. Tort: Res ipsa loquitur Perla Compania de Seguros, Inc., vs. Sps. Sarangaya III Nov 05 118. Proper mode of appeal for orders of the RTC in Local Tax Cases Yamane vs. BA Lepanto Condominium Corporation Nov 05

119. Tax Law: 2 year prescriptive period under Sec. 230(now Sec. 229) of the NIRC Commissioner of Internal Revenue vs. Philippine National Bank Nov 05 120. Duties of Bank Prudential Bank vs. Lim Dec 05 121. Surely Agreements Trade & Investment Development Corporation of the Philippines (Formerly Philippine Export & Foreign Loan Guarantee Corporation) vs. Roblett Industrial Construction Corporation Dec 05 122. Foreign Depositions Pfeger R. Dulay vs. Rodrigo S. Dulay Dec 05 123. Construction Arbitration R-II Builders, Inc., vs. Construction Industry Arbitration Commission and Companion Case Dec 05 124. Libel: Requirement of printed and first published merely formal Banal III vs. Hon. Panganiban Dec 05 Authority to Sign Certificate of Non Forum Shopping China Banking Corporation vs. Mondragon International Philippines, Inc. Dec 05 Resolution for expropriation by LGU cannot suspend writ of execution Antonio vs. Hon. Geronimo Dec 05 Evidence: Application for Insurance & Insurance Policy are admissible evidence Yu vs. Hon. Court of Appeals Dec 05 Bigamy, Moral damages Manuel vs. People of Philippines Dec 05

125.

126.

127.

128.

Supreme Court Decision Continuation: 129. Justifiable delays do not infringe right to Speedy trial Domondon vs. Hon. First Division Dec 05 Proviso as of the date of his retirement in Section 12-B(d) of Social Security Law is unconstitutional Dycaico vs. Social Security System and Social Security Commission Dec 05 Interpretation of Contracts Manila International Airport Authority vs. The Hon. Gingoyon Jan 06 Compromise Agreement Sps. Ramos and Valdez vs. Hon. Court of Appeals Jan 06 Remedial Law: Use of Deposition Sales vs. Sabino Jan 06

130.

131.

132.

133.

134.

Taxation: Demand Letter for tax deficiency assessments signed by authorized subordinate officer, is deemed final Oceanic Wireless Network, Inc., vs. Commissioner of Internal Revenue Jan 06 Buyers not in Good Faith Sps. Danilo and Alberta Domingo vs. Reed Jan 06 Declaration of Presumptive Death Republic of the Philippines vs. The Hon. Court of Appeals Jan 06 Taxation: Government Agencies have no power to grant tax exemptions Republic of the Philippines vs. City of Kidapawan Jan 06 Land Titles: irregularly issued title can be cancelled administrative by LRA Manotok VI vs. Heirs of Homer L. Barque represented by Teresita Barque Hernandez Jan 06 Defamation and Freedom of the Press Phil. Journalists, Inc., vs. Thoenen Jan 06 Sales; Builders in Good Faith/Bad Faith Carrascoso, Jr. vs. The Hon. Court of Appeals and Companion Case Jan 06 III gotten wealth Yuchengco and Y Realty Corporation and Company Case vs. The Hon. Sandiganbayan Feb 06 Civil Law: Co-ownership Arnelito Adlawan vs. Emeterio Adlawan Feb 06 Expropriation: Genuine necessity for public use Masikip vs. The City of Pasig Feb 06 Supreme Court Decision Continuation:

135. 136. 137. 138.

139. 140. 141.

142. 143.

144.

Schools Sexual Harassment rules must be published Gatbonton vs. National Labor Relations Commission Feb 06 Sale of Pledged Property Sps. Paray and Espeleta vs. Dra. Rodriguez Feb 06 Transportation Law: Voyage Charter Loadstar shipping Co., vs. Pioneer Asia Insurance Corp., - Feb 06 Legal Ethics: disbarment Soriano vs. Atty. Dizon Feb 06 Jurisdiction of CIAC Gammon Philippines, Inc. vs. Metro Rail Transit Development Feb 06 PIATCO Case Republic of the Philippines vs. Hon. Gingoyon Mar 06 Requirement of public hearing applies to both independent rate applications and adjustment mechanisms National Association of Electricity Consumers for Reforms (NASECORE) vs. Energy Regulatory Commission (ERC) Mar 06

145. 146.

147. 148.

149. 150.

151.

Estafa through falsification of public document Gonzaludo vs. People of the Philippines Mar 06 Violation of PD 115 Trust Receipts Ching vs. The Secretary of Justice Mar 06

152.

153.

Smuggling Section 2505 Tariff and Customs Code Jardeleza vs. People of the Philippines Mar 06 Evidence: Similar Acts Boston Bank of the Philippines, (formerly Bank of Commerce) vs. Manalo Mar 06 CSE and CES eligibility House of Representative vs. Atty. Loanzon Mar 06 Attempted Rape reduced to unjust vexation Baleros Jr. vs. People of the Philippines Mar 06 Prohibition on importation of used cars in Freeport void. Hon. Executive Secretary vs. Southwing Heavy Industries and Companion Case Mar 06 Supreme Court Decision Continuation:

154.

155. 156.

157.

158.

Legal Ethics: use of disrespectful language in Pleadings Judge Lacurom vs. Atty. Jacoba Apr 06 Remedial Law: Taking of Deposition should be respected anent any evidence that a party prejudiced thereby Hyatt Industrial Manufacturing Corp., vs. Ley Construction and Development Corp., - Apr 06 Family Law: Congenital Lying is ground for nullity of marriage Antonio vs. Reyes Apr 06 Remedial Law: Res Judicata Bar by prior judgement Conclusiveness of Judgement Republic of the Philippines (Civil Aeronautics Administration) vs. Yu Apr 06 Criminal Law: Person who did not sign Check, liable for Estafa under Art 315 of RPC Ramos-Andan vs. People of the Philippines Apr 06 Election Law: Computation for additional Party List seats Partido Manggagawa (PM) vs. The Hon. Commission on Election (COMELEC) Apr 06 Remedial Law: Jurisdiction of ERB to issue reconnection orders MERALCO vs. Energy Regulatory Board (ERB) Apr 06 Injunction Exception to PD 1818 Hernandez vs. National Power Corporation Apr 06

159.

160.

161.

162.

163.

164.

165.

166.

Disability Compensation for Overseas Seafarers. Remegio vs. National Labor Relations Commission May 06 National ID System Case (E.O. 420) Kilusang Mayo Uno and Companion Case vs. The Director-General May 06 E.O. 464 Executive Privilege Senate of the Philippines vs. Ermita and Companion Case May 06 PD 880 Calculated Pre-emptive response (CPR) Bayan vs. Ermita and Companion Case May 06 Attorneys Lien in cases involving executors and administrators of an Estate Salonga Hernandez & Allado vs. Pascual June 06 Degree of care banks should employ in taking care of the money of its Depositors Citibank vs. Sps. Luis and Carmelita Cabamongan June 06 State Immunity ; when can it be invoked Philippine Agila Satellite Inc., vs. Trinidad-Lichauco June 06

167.

168.

169.

170.

171.

172.

Supreme Court Decision Continuation: 173. Political Law: Presidential Proclamation 1017, powers of the executive declare state of rebellion and its parameter Prof. David and Companion Cases vs. Gloria Macapagal-Arroyo June 06 Stipulations in the CBA should be respected following the principle of stare decisis Cainta Catholic School and Msgr. Balbago vs. Cainta Catholic Scholl Employees Union (CCSEU). June 06 Exhaustion of Administrative remedies All money claims against the government must first be coursed thru the Commission on Audit before seeking Judicial intervention National Irrigation Administration vs. Enciso June 06 Inhibition of Judges or Justices People of the Philippines vs. Hon. Justice Ong June 06 TROs are valid only for 20 days, non-working days are included in the computations, except when the last day falls on a non-working day BPI(formerly Far East Bank and Trust Company) vs. Court of Appeals and Jimmy Go July 06 DPWH does not have the power to regulate Limited Access Highways, this power belongs to the DOTC Mirasol vs. DPWH July 06

174.

175.

176.

177.

178.

179.

General Salary increases are not included in the computation of Backwages under Art 279 of the Labor Code Equitable Banking Corporation (now known as Equitable-PCI Bank) vs. Sadac July 06 Proper parties to file a complaint against a judge Atty. Balayon Jr., vs. Judge Dinopol July 06 Right Action vis a vis Cause of Action Multi0Realty Development Corp. vs. The Makati Tuscany Condominium Corp. July 06 Freedom of Religion, when can common law relationship be not considered as immoral or disgraceful Estrada vs. Escritor July 06 In reconstitution of Titles whenever the same is based on the Owners duplicate of the TCT mere posting is enough, provided that the LRA makes a favorable report Republic of the Philippines represented by the Land Registration Authority vs. Sps. Roberto and Marina Sanchez Aug 06 Purchaser in good faith when a bank fails to investigate the property subject matter of a real estate mortgage, the same is gross negligence Erasusta Jr., vs. Court of Appeals Aug 06 MIAAs Airport land and Buildings are exempt from real property taxation Manila International Airport Authority vs. Court of Appeals Aug 06 Supreme Court Decision Continuation:

180.

181.

182.

183.

184.

185.

186.

Mandamus, there must be actual refusal to do something not merely anticipated Philippine Coconut Authority vs. Primex Coco Products, Inc. Aug 06 Constitutional Law: Power of the President to appoint Lower Ranked Officers Rufino vs. Endriga Aug 06 Co-ownership in case of common law marriages, if the parties are not capacitated to many individual contribution must be proved Rivera vs. Heirs of Villanueva Aug 06 Constitutional Law: Commission on Human Rights, a Constitutional Body with limited fiscal autonomy Commission of Human Rights Employees Association Represented by its President, Marcial A. Sanchez Jr., vs. Commission on Human Rights Aug 06 Legal Ethics Canon 16 A Lawyer holds in trust all property and monies received by him on behalf of his client Almendarez, Jr., vs. Atty. Langit Aug 06 Civil Law Notice to Credit card companies about the loss of a card is enough to exempt the cardholder from liability Manuel Acol, substituted by Manuel Raymond Acol vs. Philippine Commercial Credit Card Incorporated Aug 06

187.

188.

189.

190.

191.

192.

Prohibition is not the proper remedy when what is being sought to be enjoined is an exercise of quasi-legislative power Holy Spirit Homeowners Association, Inc. vs. Secretary Michael Defensor Sept 06 RA 9189 extends to Filipinos who have dual citizenship Nicolas-Lewis vs. Commission on Election Sept 06 The use of laches as a defense should be based on equity and justice Cruz vs. Cristobal Sept 06 Remedial Law Guidelines on what documents should accompany a Petition for Certiorari Air Philippines Corp. vs. Zamora Sept 06 Eminent Domain LGUs may exercise the power of Eminent Domain only through an enacted ordinance authorizing the local chief executive to expropriate private property, for public purposes after the payment of just compensation Beluso vs. The Municipality of Panay Sept 06 Principle of Adoptive Admission Republic of the Philippines, represented by the Land Registration Authority vs. Kenrick Development Corp., - Sept 06 Civil Law Assumption of Properties carries with it the assumption of all obligations Caltex(Philippines), Inc. vs. PNOC Shipping and Transport Corporation Sept 06 Supreme Court Decision Continuation:

193.

194.

195.

196.

197.

198.

199.

Election Law Sec 40(a) of the Local Government Code does not apply to those who have not served their sentence - Moreno vs. Commission on Elections and Norma L. Mejes Sept 06 Taxation Effectivity of the E Vat vis a vie the 3% excise tax Commissioner of Internal Revenue vs. Philippine Global Communications, Inc. Sept 06 Civil Law Right of First Refusal There must be meeting of the minds, otherwise, the right of first refusal deemed waived Villegas vs. The Court of Appeals Sept 06 Criminal Law Juveniles in conflict with the Law who commits a crime punishable by Death, Reclusion Perpetua or Life imprisonment is disqualified to avail of a suspended sentence Declarador vs. Hon. Gubaton Sept 06 Remedial Law A case on appeal to the CA, and in which an order of execution has been issued, is considered as still pending, so that all proceedings on the execution are proceedings in the suit Villaflores vs. RAM System Services, Inc. Sept 06 Falsification What is considered taking advantage of official function Giron Jr., vs. Sandiganbayan Sept 06

200.

201.

202.

203.

204.

205.

Legal Fees the charging of fees must be based on the principles of quantum meruit. Lawyers should be discouraged from filing suits for collection of fees. Only when there are no other alternatives should this course of action be considered. Pineda vs. Atty. De Jesus Sept 06 For Purposes of Minimum Corporate Income Tax (MCIT), Revenue Regulation 4-95, in trift banks the four year grace period starts to run, from the time of registration with the BIR or upon the issuance of the authority to act as such, which ever comes latter The Manila Banking Corp., vs. Commissioner of Internal Revenue Sept 06 (1) the putative employers power to control the employee with respect to the means and methods by which the work is to be accomplished; and (2) the underlying economic realities of the activity or relationship Francisco vs. National Labor Relations Commission Sept 06 Alterations in the serial number of a check not considered as material alterations The International Corporate Bank, Inc., vs. Court of Appeals and Phil. National Bank Oct 06 Requirements for the termination of a Probationary employee. Cathay Pacific Airways, Limited vs. Marin Oct 06

206.

207.

208.

209.

Supreme Court Decision Continuation: 210. Fighting for your clients cause not at the cost of justice and the truth Plus Builders, Inc. and Garcia vs. Atty. Revilla Oct 06 When is a Motion for Reconsideration considered as a Motion for New Trial Republic of the Philippines vs. Asuncion Oct 06 Conflict of Interest Paz vs. Atty. Sanchez Oct 06 The Jusmag and NOVA case Republic of the Philippines vs. Southside Homeowners Association, Inc. and the Companion Case Oct 06 When the dismissal is grounded on a just cause, the lack of procedural due process does not negate the dismissal. Ace Promotion and Marketing Corporation vs. Ursabia Oct 06 When the owners duplicate certificate of title has not been lost, but is in fact in the possession of another person, then the reconstituted certificate is void, because the court that rendered the decision had no jurisdiction. Remegia Y. Feliciano, substituted by the Heirs Remegia Y. Feliciano, as represented by Nilo Y. Feliciano vs. Sps. Aurelio and Luz Zaldivar Oct 06

211.

212. 213.

214.

215.

216.

Office of the Special prosecutor does not have the power to file informations in the Sandiganbayan, this power is vested only in the Office of the Ombudsman Perez and Apostol vs. Hon. Sandiganbayan Oct 06 The 20% final withholding tax on a banks passive income is part of the Gross Receipts for purposes of computing the 5% Gross receipt tax. Commissioner of Internal Revenue vs. Citytrust Investment Phils., Inc. Oct 06 Contract of Sale is merely a prima facie presumption of delivery Copuyuc vs. De Sola Nov 06 Labor Law: Misuse of fixed-term employment contract Innodata Philippines, Inc. vs. Quejada-Lopez Nov 06 Absence of Counsel at pre-trial when parties are themselves present Paredes vs. Verano Nov 06 Petition for Certiorari (Rule 65) to Supreme Court proper procedure to question resolution of Ombudsman in Criminal Cases Baviera vs. Zoleta Nov 06 Evidence: Best Evidence Rule Citibank vs. Sabeniano Nov 06 Change of Theory on Appeal prohibited; input VAT on capital goods Commissioner of Internal Revenue vs. Mirant Pagbilao Corporation (formerly Southern Energy Quezon, Inc.) Nov 06 HLURB: Subdivision Project Ruben S. Sia and Josephine Sia vs. People of the Philippines and Teresita Lee Nov 06 Fair and True Reporting GMA Network, Inc. vs. Bustons, M.D. Nov 06 Attorneys Lien Francisco Motors Corp., vs. Hon. Court of Appeals and Raquiza Nov 06 Execution of Foreign Judgement St. Aviation Services Co., PTE., LTD., vs. Grand International Airways, Inc. Nov 06 Family Law: Legal Separation Ong Eng Kiam a.k.a. William Ong vs. Lucita G. Ong Nov 06 Just Compensation: Gabatin case or Natividad case? Meneses vs. Secretary of Agrarian Reform Nov 06 Principal party alone may sign Certificate of non-forum shopping; Trial Courts have jurisdiction over actions for (final) injunction even involving government contracts. The bases conversion and development authority vs. Uy Dec 06

217.

218.

219.

220.

221.

222. 223.

224.

225. 226.

227.

228.

229.

230.

231.

Procedural Law: Remedies under Rule 45 and Rule 65 are mutually exclusive Nagkahiusang Mamumuo sa Picop Resources Inc., vs. The Hon. Court of Appeals Dec 06 Torts: Principle of res ipsa loquitur to establish negligence Capili vs. Sps. Dominador Cardaa and Rosalita Cardaa Dec 06 Labor Law: Breach of trust under Article 282 of Labor Code . Sy vs. Metropolitan Bank & Trust Company Dec 06 HLURB Sec. 23 of P.D. 957 Zamora Realty vs. Office of the President of the Philippines Dec 06 Election Law: Disqualification Lanot vs. Commission on Elections Dec 06 Land Titles: PD 892 and Spanish Titles Santiago vs. Subic Bay Metropolitan Authority Dec 06 Prohibition on the Impairment of Contracts. Lepanto Consolidated Mining Co. vs. WMC Resources Intl Pty. Ltd. Dec 06

232.

233.

234.

235. 236.

237.

Supreme Court Decision Continuation: 238. Election Law: election contest; simultaneous prosecution of pre-proclamation controversies and election protest Tan and Company Case vs. Commission on Elections Dec 06 Indirect Contempt Limbona vs. Hon. Judge Lee Dec 06 Trial Courts residual Jurisdiction City of Cebu vs. Del Rosario Dec 06 Mining Law: Application for MPSA PNOC-Energy Development Corp. (PNOC-EDC) vs. Veneracion, Jr. Dec 06 Contract of Sale: Mutuality. Villanueva vs. Philippine National Bank (PNB) Jan 07 Epira Law Manila Electric Company Inc. and Companion Case vs. Lualhati Jan 07 Agrarian Dispute: Jurisdiction of DARAB Guiang vs. Court of Appeals Jan 07 245. Vicarious Liability of hospitals for Negligence of visiting physicians Nogales vs. Capitol Medical Center Jan 07

239. 240. 241.

242.

243.

244.

246. 247. 248. 249. 250.

Criminal Law: Art. 218 Failure of Accountable Officers to render accounts Campomanes vs. People of the Philippines Jan 07 Agency: Article 1873 Civil Code Gozun vs. Jose Teofilo T. Mercado a.k.a. Don Pepito Mercado Jan 07 Exclusivity Clause is not per se restraint of trade. Avon Cosmetics, Inc., vs. Luna Jan 07 Evidence : Disputable Presumptions Sps. Pedro and Paz Surtida vs. Rural Bank of Malinao (Albay) Jan 07 Appreciation of Evidence Republic of the Philippines vs. Hon. Ombudsman Desierto Feb 07 Remedial Law: Intra-Corporate dispute as a pre-judicial question. Omictin vs. Hon. Court of Appeals Feb 07 Tax Law: Qualification for zero-rating Commissioner of Internal Revenue vs. Burmeister Feb 07

251.

252.

Supreme Court Decision Continuation: 253. Alternative Dispute Resolution: Arbitration Clause is a separate agreement independent of main contract. Gonzales vs. Climax Mining Ltd. And Companion Cases Feb 07 Labor Law: Evidence of employment; corporation law: grounds for piercing corporate veil; personal liability of directors. Mcleod vs. National Labor Relations Commission - Feb 07 Sec. 12, R.A. 6758 Consolidation of allowances and Compensation. Public Estates Authority vs. Commission on Audit Feb 07 Labor Law: Strike determined by the totality of the circumstances surrounding the situation. Santa Rosa Coca-Cola Plant Employees Union vs. CocaCola Bottlers Philippines Inc. Feb 07 Reclassification of Lands by DAR and Local Government Department of Agrarian Reform vs. Sarangani Agricultural Co., Inc. Feb 07 Family Law: Van Dorn restated Edgar San Luis and the Companion Case vs. Felicidad San Luis Feb 07 Remedial Law: Remedy to obtain reversal or modification of judgement is appeal; Labor: No new evidence can be presented for the first time in position papers Solgus Corporation vs. Hon. Court of Appeals Mar 07

254.

255.

256.

257.

258.

259.

260.

CARP: Just Compensation also connotes prompt payment: Power of Supreme Court to decide entire controversy in single proceeding. Apo Fruits Corp. vs. The Hon. Court of Appeals Mar 07 Rehabilitation Proceedings: Suspension of executory labor claims Philippine Airlines, Inc., vs. Zamora Mar 07 Guidelines for establishing psychological Incapacity. Zamora vs. Court of Appeals Mar 07 Criminal Charge for violation of Securities Regulation Code must first be referred to SEC Baviera vs. Paglinawan and the Companion Case Mar 07 Corporation Law: Rehabilitation merely suspends enforcement of claims Metropolitan Bank & Trust Company vs. ASB Holdings, Inc., - Mar 07 Documents presented during preliminary investigation vested with privileged character Alcantara vs. Ponce Mar 07

261.

262.

263.

264.

265.

Supreme Court Decision Continuation: 266. PNP Chief has jurisdiction to take cognizance of complaints against erring policemen, concurrent jurisdiction with PLEB Deputy Director General Roberto Lastimoso vs. P/Senior Inspector Jose J. Asayo Apr 07 CESO in inactive status: Two conflicting final and executory decisions. Collantes vs. Hon. Court of Appeals Apr 07 Execution of a final judgement may be made by mere motion even after lapse of 5 years if delay caused by opposing party Central Surety and Insurance Company vs. Planters Products, Inc. Apr 07 Evidence: To establish forgery the standards laid down in Ladignon should be met Rivera vs. Turiano Apr 07 Action for Judicial Redemption, Hi-Yield Realty, Inc. restated Tolentino M.D., vs. Court of Appeals Apr 07 Election Law: Exception to general rule that a pre-proclamation case is no longer viable after a proclamation. Mayor Jainal vs. Commission on Election Apr 07 Under present Rule III (b) Criminal Action for BP 22 shall be deemed to include civil action thus there is identity of parties, and interest; separate civil action cannot separately maintained Silangan Textile Manufacturing Corp., vs. Hon. Avelino G. Demtria Apr 07

267.

268.

269.

270.

271.

272.

273.

Labor: Amended Article 128(b) DOLE can exercise jurisdiction regardless of the monetary value no longer limited by P5,000 per claimant V.L. enterprises and/or Faustino J. Visitacion vs. Hon. Court of Appeals Apr 07 Labor Law: Employees may invoke either the Workmens Compensation Act or the provision of the Civil Code, subject to the consequence that the choice of one remedy will exclude the other Candano Shipping Lines, Inc., vs. Florentina J. SugataOn Apr 07 Defense of State Immunity from suit does not apply when official is charged for unauthorized acts. The Department of Health vs. Philippine Pharmawealth Inc., Apr 07 Election Law: Where a proclamation is null and void, it is no proclamation and COMELEC can annul proclamation even after assumption of office Arbonida vs. Commission on Elections Apr 07 Sec. 6 Rule 39 of Rules of Court does not apply to land Registration Case . Ting vs. Heirs of Diego Lirio Apr 07

274.

275.

276.

277.

Supreme Court Decision Continuation: 278. Provative value of the result of the return. Mayor Noel E. Rosal vs. Commission on Elections and Companion Case Apr 07 Extradition: Bail Subject to clear and convincing evidence that applicant is not a flight risk Government of Hong Kong special administrative region, represented by the Philippine Department of Justice vs. Hon. Olalia May 07 Agency: Article 1897. New Civil Code Eurotech Industrial Technologies, Inc., vs. Cuizon May 07 Election Law: Doctrine of the rejection of the Second Placer does not apply in no cases where disqualification becomes final before elections Rev. Fr. Cayat and the Companion Case vs. COMELEC May 07 Secretary of Justices resolution on a complaint can only be reversed if there is grave abuse of discretion. Chua vs. Padillo May 07 A candidate, being under age, can be considered to have filed a valid certificate of candidacy, and can be validly substituted. Luna vs. COMELEC May 07 VAT on Health Care Service Providers. Commissioner of Internal Revenue vs. Philippine Health Care Providers, Inc., - May 07 Labor Law: Misconduct as a ground for Termination Standards Supreme Steel Pipe Corporation vs. Bardaje May 07

279.

280.

281.

282.

283.

284.

285.

286.

Doctrine of Mortgagee in good faith Bank of Commerce vs. Sps. San Pablo May 07 Election Law: Disclosure of Party List Nominees Bantay Republic Act of BARA 7941 and the Companion Case vs. COMELEC Jun 07 INP retirees are deemed PNP retirees and entitled to same benefits. Department of Budget and Management vs. Manila Finest Retirees Association, Inc., Jun 07 R.A. 9225 Dual Citizenship AASJS (Advocates and Adherents of Social Justice for Scholl Teachers and Allied Workers) Member Hector Gumangan Calilun vs. The Hon. Datumanong, in his official capacity as the Secretary of Justice Jun 07 Proximate cause, liability of employer for acts of negligent employee Mercury Drug Corporation vs. Sebastian Baking Jun 07 Libelous imputation: Four Requisites Diaz vs. People of the Philippines Jun 07 Expropriation: No Taking if government paid rental fees Tan vs. The Republic of the Philippines Jun 07 Concept of Transacting business in the Philippines B. Van Zuiden Bros., Ltd., vs. GTVL Manufacturing Industries, Inc., - Jun 07 Procedural Law: Remedies to undo deleterious consequence - Victory Liner, Inc., vs. Malinias Jun 07 Void inquest; irregular preliminary investigation Ladlad vs. Senior State Prosecutor Emmanuel Y Velasco and the Companion Case Jul 07 Naturalization Petition for Admission as Citizens of the Philippines vs. Republic of the Philippines Jul 07 Partial Voluntary Separation of Property made by the spouses pending declaration of nullity of marriage is valid Virgilio Maquilan vs. Dita Maquilan Jul 07 Tax Law: American Express ruling restated. Section 102(b)(2), NIRC, ZeroVat due certain services. CIR vs. Placer Dome Technical services Inc., - Jul 07 Periods imposed to block the acquisition of Security of Tenure are contrary to public policy Dumpit-Murillo vs. Court of Appeals Jul 07 Complaint for violation of Labor Standards and Compliant for Illegal dismissal can co-exist even if parties are the same Consolidated Broadcasring System, Inc., vs. Oberio Jul 07

287.

288.

289.

290.

291. 292.

293.

294.

295.

296.

297.

298.

299.

300.

301.

Preliminary injunction cannot be issued if it will change the status quo ante litem. OWWA vs. Atty. Chavez Jul 07 Judicial determination of probable cause for issuance of warrant of arrest AAA vs. Hon. Carbonell Jul 07 Expropriation: exception to rule that just compensation is reckoned from time of taking Heirs of Mateo Pidacan vs. Air Transportation Office Jul 07 Government Officials may be sued under Article 32 Civil Code even if questioned Acts were not tainted with bad faith or Malice. Vinzons-Chato vs. Fortune Tobacco Corp., - Jul 07 Notice to Vacate within 15 days and to pay is jurisdictional requirement in unlawful detainer Larano vs. Sps. Calendacion Jul 07 Supreme Court Decision Continuation:

302.

303.

304.

305.

306.

Search warrants, Tradename infringement. Yao, Sr. vs. People of the Philippines Jul 07 In Labor only contracting, the law creates an employer employee relationship Manaya vs. Alabang Country Club Inc., - Jul 07 Procedural Law: Intervention Union Bank of the Philippines vs. Concepcion Jul 07 Conventional Subrogation and assignment of credits Ledonio vs. Capitol Development Corporation Aug07 Labor Law: Two Notices Rule for valid dismissal Magro Placement and General Services vs. Hernandez Aug 07 Forum Shopping Gonzales vs. Gen. Abu Aug 07 Courts have no power to alter terms of judicially approved compromise agreements Viesca vs. Gilinsky Aug 07 Interpretation of Seafarers Contracts; even before the start of any employeremployee relationships certain rights & obligations arise from perfection of employment contract Santiago vs. CF Sharp Crew Management, Inc., - Aug 07 Registration of Land; Section 48 Public Land Act Limcoma Multi-purpose Cooperative vs. Republic of the Philippines Aug 07

307.

308.

309.

310.

311. 312.

313.

314.

315.

Judgment on the pleadings; where proper Polido vs. Hon. Court of Appeals Aug 07 Technicalities must take a backseat to substantive rights; verification and certification against forum shopping Kimberly Independent Labor Union for Solidarity and companion case vs. The Hon. Court of Appeals Aug 07 Notarization per se is not guarantee of the validity of the contents of a document China Banking Corp., Inc., vs. Court of Appeals Aug 07 Where the mortgagee does not directly deal with the registered owner of land, law required a higher degree of prudence be exercised Mercado vs. Allied Bank Corporation Aug 07 In resolving a motion to dismiss courts must consider both the complaint and its annexes Fluor Daniel, Inc. Philippines, vs. E.B. Villarosa Aug 07

316.

317.

318.

319.

Supreme Court Decision Continuation: 320. Labor Law: Termination of probationary employee under Art. 281 (b) does not require notice and hearing Philippine Daily Inquirer, Inc., vs. Magtibay, Jr. Aug 07 Increased risk theory applicable in Compensation Cases; strict rules of evidence not applicable to claims for compensation Government Service Insurance System vs. Palma Aug 07 Courts power to reverse findings of the Department of Justice Social Security System vs. Department of Justice Sept 07 Contributory negligence negates defense of fortuitous event Sicam vs. Jorge Sept 07 Retirement Law: Computation of Retirement benefits under R.A. 7641 Reyes vs. National Labor Relations Commission Sept 07 Right of Way Obra vs. Sps. Badua Sept 07 Act of State Doctrine Presidential Commission on Good Government vs. Sandiganbayan Sept 07 Private School Teachers Secuirty of tenure are governed by Manual Regulations for Private Schools and not Labor Code Aklan College vs. Guarino Sept 07

321.

322.

323.

324.

325. 326.

327.

328.

Reclamation; Alienable Land of Public domain once transferred to an enduser agency becomes patrimonial property; operative fact doctrine; right to information Chavez vs. National Housing Authority Sept 07 Writ of Possession cannot deprive heir of legitime Heirs of the late Domingo N. Nicolas vs. Metropolitan Bank & Trust Company Oct 07 Bank do not have unrestrained freedom to charge any interest rate other than that mutually agreed upon Floirendo, Jr. vs. Metropolitan Bank & Trust Company Oct 07 Exercise of Equity Jurisdiction by Courts; gross inadequancy of price does not nullify an execution sale; exceptions to the in pari delicto principle Jacobus Bernhard Hulst vs. PR Builders, Inc., - Oct 07 Notice of Adverse claim does not interrupt the running of the prescriptive period Heirs of Marcelina Arzadon-Crisologo vs. Raon Oct 07 A Trade Union Center is not allowed by law to directly create a local or chapter through chartering San Miguel Corp. Employees Union-Philippine Transport vs. San Miguel Packaging Products Employees Union-Pambasang Diwa ng Manggagawang Pilipino Oct 07 Judicial Admission must be also considered in demurrer to evidence Casent Realty Development Corp. vs. Philbanking Corp. Oct 07 Double Sale: No Constructive notice to second buyer if registration is made under Act 3344 over a property registered under the Torrens System Cecilia Amodia vda. de Melencion vs. Hon. Court of Appeals Oct 07 Rehabilitation Plan Void Insofar as it impairs stipulation between the parties Leca Realty Corp. vs. Manuela Corp., - Oct 07 Criterion to determine whether a corporation is public or private: Totality of relation of corporation to the state test Philippine Society for the Prevention of Cruelty to Animals vs. Commission on Audit Oct 07 Neypes ruling restated; Fresh period rule Sps. Ricardo and Leonila de los Santos vs. Ma. Socorro V. Vda. de Mangubat Nov 07 Discharge of Accused to be State Witness Valerio vs. Court of Appeals and Companion Case Nov 07 Procedure for determining just compensation under R.A. 6657; formula Land Bank of the Philippines vs. Suntay Nov 07 Negligence Philippine National Railways vs. Court of Appeals Nov 07

329.

330.

331.

332.

333.

334.

335.

336.

337.

338.

339.

340.

341.

342.

Cashiers Check; Holder in due course Bank of the Philippine Islands vs. Roxas Nov 07 Possibility of irreparable damage without proof of an actual existing right would not justify injunctive relief Republic of the Philippines vs. Hon. Caguioa Nov 07 Intellectual Property Law Sehwani, Incorporated and/or Benitas Frites, Inc. vs. In-N-Out Burger, Inc., - Nov 07 Restrictive Custody and Monitored Movements imposed on policemen is not unlawful restraint of freedom SPO2 Manalo vs. Hon. PNP Chief Calderon Nov 07

343.

344.

345.

Supreme Court Decision Continuation: 346. Electronic data Message and Electronic document do not include facsimile transmissions which have an original paper-base copy MCC Industrial Sales Corp., vs. Ssangyong Corporation Nov 07 First application of the newly-promulgated Rules on DNA Evidence, which authorize courts to motu proprio or on motion require DNA testing. People of the Philippines vs. Umanito Nov 07 Retroactive application of A.M. No. 00-2-03-SC being a curative statute Romero vs. Court of Appeals Dec 07 COA has authority to withhold government employees salary and other emoluments corresponding to amount allegedly embezzled Santiago vs. Commission on Audit Dec 07 Where victim is abducted and killing is mere afterthought crime is not complex crime of kidnapping with murder but two separate offences People of the Philippines vs. Solangon @ Ka Ramil Dec 07 Continuation by a son in a relationship of a father with the land owner does not give rise to the presumption of the existence of agricultural tenancy Fuentes vs. Caguimbal Dec 07 Padilla, Jr. vs. Alipio restated; subsequent submissions of certified true copies of orders and decisions in a Motion for Reconsideration is substantial compliance with Sec. 2 Rule 42 Sps. Henry Lanaria and the late Belen Lanaria vs. Planta Dec 07 Gross receipts is not synonymous with Gross revenues Ericson Telecommunications, Inc. vs. City of Pasig, represented by its City Mayor, Hon. Eusebio Dec 07

347.

348.

349.

350.

351.

352.

353.

354.

In determining probable cause for the issuance of the warrant of arrest, the submission of counter-affidavits is NOT mandatory Borlongan, Jr., vs. Pea Dec 07 Filing of a second motion for reconsideration, does not toll the running of the period of appeal Heremenegilda dela Cruz Loyola vs. Mendoza Dec 07 Rule on two notices before termination e Pacific Global Contact Center, Inc. and/or Jose Victor Sison vs. Cabansay Dec 07 The Office of the Ombudsman can NOT intervene nor in any nay participate in an appeal which was precisely initiated to question its decision Pleyto vs. Philippine National Police Criminal Investigation Dec 07 Supreme Court Decision Continuation:

355.

356.

357.

358.

For purposes of determining the coverage of the Social Security System, the Social Security Commission my inquire into the presence or absence of an employer-employee relationship WITHOUT NEED of waiting for prior pronouncement or submitting the issue to the NLRC Republic of the Philippines, represented by the Social Security Commission vs. Asiapro Cooperative Dec 07 Torrens System, Maysilo Estate Manotok Realty, Inc. and Manotok Estate Corp, and the companion case vs. CLT Realty Development Corp. and the companion case Jan 08 Remedial Law: Bill of Particulars Republic of the Philippines vs. Sandiganbayan Jan 08 Phrase with notice to the appellant In Section 8 means that a notice must first be furnished the appellant to show cause why his appeal should not be dismissed Milan vs. People of the Philippines Jan 08 One Right of retention per landowner Roman Catholic Archbishop of Caceres vs. Secretary of Agrarian Reform Jan 08 Exceptions to Sections 4 & 5 of Rule 15, Hearing of Motions, Notice of hearing KKK Foundation, Inc. vs. Hon. Calderon-Bargas Jan 08 Investigations in Aid of Legislation, power to cite in contempt, power to recommend criminal indictment Standard Chartered Bank (Philippine Branch) vs. Senate Committee on Banks Jan 08 An arbitration clause stipulating that a foreign arbitral award shall be final and binding is NOT contrary to public policy Korea Technologies Co., LTD vs. Lerma Feb 08 Public Appointive local official and employees who are suspended pending investigation of charges against them, are not entitled to back salaries Hon. Governor Plaza vs. Court of Appeals Feb 08

359.

360. 361.

362. 363.

364.

365.

366.

367.

Human Relations: Principle of damnum absque injuria does not apply in violations of Articles 19, New Civil Code Cebu Country Club vs. Gaque Feb 08 Anti-Money Laundering: Procedure of civil forfeiture Republic of the Philippines vs. Glasgow Credit and Collection Services, Inc. Feb 08 Procedural Law: Trial Courts trying an ordinary action for specific performance cannot award a specific portion of a property co-owned and undivided Panganiban vs. Oamil Feb 08

368.

369.

Supreme Court Decision Continuation: 370. Compromise Agreements: caveat to laborers in labor disputes to be wary of giving to broad an authority to agents Arellano vs. Powertech Corporation Feb 08 Position of Student Regent of UP falls under Jurisdiction of Sandiganbayan Serana vs. Sandiganbayan and People of the Philippines Feb 08 Standing of the Office of Ombudsman to intervene and seek for reconsideration of a decision of the Court of Appeals (CA) which set aside the formers; Ombudsmans decisions/orders to discipline a public employees are mandatory and not recommendatory Office of the Ombudsman and the Companion Case vs. Masing and Tayactac Feb 08 Conduct of preliminary investigations Santos-Concio vs. Department of Justice Feb 08 Evidence: recantation does not necessarily cancel an earlier declaration Kaunlaran Lending Investors, Inc., vs. Uy Mar 08 Public Funds shed their public character when they are lent to a private entity who acquires ownership of the funds. Ocampo III and the companion case vs. People of the Philippines Mar 08 Writ of Possession will not lie against parties who have been in possession of land for at least 10 years, and who have entered into possession after issuance of final decree, and who were not parties in registration proceedings Factor vs. Martel Mar 08 Quasi-delict: Test of Negligence Dy Teban Trading, Inc. vs. Ching Mar 08 Corporation Law: Appointment of receiver Pryce Corporation vs. The Court of Appeals Mar 08

371.

372.

373.

374.

375.

376.

377. 378.

379.

Tax Law: Proper Party to Seek refund of indirect taxes is the statutory taxpayer; tax exemptions exclude indirect taxes unless specifically stated. Silkair (Singapore) PTE, Ltd. vs. Commissioner of Internal Revenue Mar 08 Implied Authority of Corporate officer to sign verification and certification Enriques vs. Bank of the Philippine Islands Mar 08 Concept of Investment Contract under the Howey Test Power Homes Unlimited Corp., vs. Securities and Exchange Commission Mar 08

380.

381.

Supreme Court Decision Continuation: 382. Department of Agrarian Reform Adjudication Board (DARAB) is vested with primary and exclusive jurisdiction to determine and adjudicate agrarian reform matters, including all matters involving the implementation of the agrarian reform program. Department of Agrarian Reform vs. Hon. AbdulWahid Mar 08 Non-interference in the conduct of preliminary investigation; bilateral vasectomy does not constitute crime of mutilation Aguirre vs. Secretary of the Department of Justice, Michelina S. Aguirre-Olondriz Apr 08 Indirect employer can only be held solidarily liable with direct employer only for unpaid wages if the latter fails to pay the wages of its employees Meralco Industrial Engineering Services Corp. vs. National Labor Relations Commission Apr 08 Preliminary Investigation: Restatement of Crespo vs. Mogul Juanito Chan y Lim a.k.a. Zhang Zhenting vs. Secretary of Justice, Pablo C. Formaran III Apr 08 Estafa: Correct Application of Indeterminate Sentence Law Luces vs. Damole Apr 08 Finding of no Administrative Liability is not a bar to filing of a criminal case for the same acts Ferrer, Jr. vs. Sandiganbayan, Hon. Sandoval Apr 08 Locus Standi: Direct injury test in public suits; taxes are exacted only for a public purpose and not for benefit of private persons Planters Products, Inc., vs. Fertiphil Corpration Apr 08 Preference under Section 6 Rule 78 does no apply in the appointment of Special Administrator Vic C. Tan, Gerardo Jake Tan vs. The Hon. Gedorio, Jr. Apr 08 Executive Privilege Neri vs. Senate Committee on Accountability of Public Officers and Investigations Apr 08

383.

384.

385.

386.

387.

388.

389.

390.

391.

Criminal Law: When circumstances are capable of two inferences, the inference for innocence must prevail Eugenio vs. People of the Philippines Apr 08 Proper Service of summons and court decision/orders Sps. Belen vs. Hon. Chavez Apr 08 Kidnapping and Serious Illegal detention The People of the Philippines vs. Rosalinda Trapago Tan a.k.a. Kaye Suarez Palino Apr 08

392.

393.

Supreme Court Decision Continuation: 394. Pending action for annulment of mortgage or foreclosure sale does not stay Issuance of the Writ of Possession Hon. Fernandez vs. Sps. Gregorio Espinoza and Joji Gador-Espinoza May 08 Relaxation of rules in favor of accused not assisted by counsel Sibal vs. People of the Philippines May 08 Review of Jurisprudence on Failure to file Appellants Brief The Government of the Kingdom of Belgium vs. Hon. Court of Appeals May 08 Estoppel does not confer jurisdiction on a tribunal that has none over the cause of action or subject matter Atwel vs. Concepcion Progressive Association, Inc. May 08 Computation of Time; twin notice requirement for valid dismissal De la Cruz vs. Maersk Filipinas Crewing, Inc. Clarification of Section 1, Rule 22 May 08 Expropriation: differences between procedure under RA 8974 and Rule 67 Republic of the Philippines vs. Holy Trinity Realty Development Corp. May 08 Protective Remedy of Rehabilitation was never intended to be a refuge of a debtor guilty of fraud Banco de Oro-EPCI, Inc., vs. JAPRL Development Corp., May 08 Elements determinative of the applicability of the doctrine of piercing the veil of corporate fiction. Yamamoto vs. Nishino Leather Industries, Inc., - May 08 LGUs are not empowered to impose business taxes on persons engaged in the sale of petroleum products Petron Corp., vs. Mayor Tiangco May 08 Judicial Admissions Camitan vs. Fidelity Investment Corporation May 08

395.

396.

397.

398.

399.

400.

401.

402.

403.

404.

Rights of an Original Proponent Under BOT LAW Asias Emerging Dragon Corp., vs. Department of Transportation and Communications, and the companion case May 08 Corporate Acts resulting to dilution of the Republics shareholdings in a sequestered corporation fall under Jurisdiction of Sandiganbayan Republic of the Philippines vs. Investa Corporation Jun 08 Distinction between an order of forfeiture of the bail bond and judgment on the bond Mendoza vs. Alarma Jun 08

405.

406.

Supreme Court Decision Continuation: 407. Decisions of the Ombudsman are immediately executory even pending appeal. Office of the Ombudsman vs. Court of Appeals Jun 08 Act of an employer which are favorable to the employees though not confirming to law but has ripened into a practice, cannot unilaterally be withdrawn Arco Metal Products, Co., Inc., vs. Samahan ng mga Manggagawa sa Arco Metal-Naflu Jun 08 Presidents of State Universities are not beyond disciplinary jurisdiction of the Civil Service Commission The Civil Service Commission vs. Sojor Jun 08 Issue of estoppel on the question of jurisdiction Sps. Vargas and the companion case vs. Sps. Visitacion and Jose Caminas Jul 08 Unauthorized cutting of timber in private land. Merida vs. People of the Philippines Jul 08 Health Care Agreement is in the nature of a non-life insurance & Contract of Identity Philippine Health Care Providers, Inc., vs. Commissioner of Internal Revenue Jul 08 Entertaining lapsed appeals in the higher interest of Justice Department of Agrarian Reform and the companion case vs. Samson Jul 08 Labor Law: Illegal dismissal The Peninsula Manila vs. Alipio Jul 08 Death During term of contract of employment is the only condition for compensability of a seafarers death. Coastal Safeway Marine Services, Inc., vs. Delgado Jul 08 Gross Ignorance of the Law and unbecoming conduct Lt. Gen. Dagudag (ret.) vs. Judge Paderanga Jul 08

408.

409.

410.

411.

412.

413.

414. 415.

416.

417.

BP 22; proof of actual receipt of notice of dishonor is an essential element Suarez vs. People of the Philippines Jul 08 Guidelines to be followed when imposing 12% or 6% interest Lilibeth SungaChan and Cecilia Sunga vs. The Hon. Court of Appeals Jul 08 Evidence required under P.D. 1529 in order to claim valid prescription Republic of the Philippines vs. Imperial Credit Corp., - Jul 08 Degree of diligence required of banks is more than that of a reasonable man or a good father of a family Bank of the Philippine Islands vs. Lifetime Marketing Corp., - Jul 08 Supreme Court Decision Continuation: Due Process: reasonable opportunity to controvert evidence and ventilate ones cause in a proceeding requires full knowledge of the relevant and material facts specific to that proceeding Uy vs. Office of the Ombudsman Jul 08 Substantial and not absolute identity of parties is required for litis pendentia City of Makati, Binay and Mercado vs. Municipality (Now City) of Taguig Jul 08 Quo Warranto; water districts are government instrumentalities whose officers and employers belong to the Civil Service. Engr. Feliciano vs. Villasin Jul 08 Lawful restraints of elected officials. Trillanes IV vs. Hon. Pimentel, Sr. Jul 08

418.

419.

420.

421.

422.

423.

424.

425.

Diplomatic Negotiations Privilege Akbayan Citizens Action Party vs. Aquino Aug 08 Contract Law Article 1191 Resolution of Contracts. Bernabe vs. Court Appeals Aug 08 Negotiable Instruments Law; holder in due course Sps. Pedro and Florencia Violago vs. BA Finance Corporation and Avelino Violago Aug 08 Labor Law: Only poor performance that amounts to gross and habitual neglect of duty can justify dismissal Universal Staffing Services, Inc., vs. National Labor Relations Commission and Morales Aug 08 Conviction Circumstantial evidence sufficient to convict Nover Bryan Salvador y De Leon vs. People of the Philippines Aug 08 Juvenile drug pusher not entitled to Probation Padua vs. People of the Philippines Aug 08

426.

427.

428.

429.

430.

431.

Doctrine of Conclusiveness of Judgement Sps. Felipe and Victoria Layos vs. Fil-Estate Golf and Development, Inc., - Sept 08 Under Spanish Regime Crown Lands were per se alienable Republic of the Philippines vs. Court of Appeals Sept 08 Bereft of registration, any sale or transaction involving registered land effect or bind the registered property Republic of the Philippines vs. Ravelo Sept 08

432.

433.

Supreme Court Decision Continuation: 434. Negotiable Instruments Law Accommodation Party Bautista vs. Auto Plus Traders, Incorporated Sept 08 Code of Commerce: Verbal notice of claim Aboitiz Shipping Corporation vs. Insurance Company of North America Sept 08 Procedural Law: Notarial documents not covered by Section 24, Rule 132, which applies only to public documents under Section 19(a) Heirs of the Deceased Spouses Vicente S. Arcilla vs. Teodoro Sept 08 What constitutes an Intra-Corporate Controversy; relationship test and nature of controversy test. Oscar C. Reyes vs. Hon. Regional Trial Court of Makati, Branch 142, Zenith Insurance Corporation, and Rodrigo C. Reyes Sept 08 Venue of Personal Actions Marcos-Araneta vs. Court of Appeals Sept 08 Procedural Law: Situations calling for multi-appeals Atty. Briones vs. Henson-Cruz Sept 08 The mere denial of having participate in the execution of a public document is not sufficient evidence to warrant filling of falsification case Lao vs. Co Sept 08 Labor Code: Cause Analogous to Serious Misconduct John Hancock Life Insurance Corp., vs. Davis Oct 08 Judicial Conduct Re: Letter Presiding Justice Vasquez, Jr., - Oct 08 Distinction between contract to Sell and Conditional Contract of Sale Sps. Reyes and the companion case vs. Salvador, Sr., - Oct 08 When Easement of right of way amounts to expropriation necessitating full just compensation National Power Corp. vs. Purefoods Corp., - Oct 08

435.

436.

437.

438. 439.

440.

441.

442. 443.

444.

445.

When Checks are evidence of Indebtedness under SRC; when repealing act reenacts substantially the former law; Judicial determination of probable cause Gabionza vs. Court of Appeals Oct 08 Elaboration of the Fictitious-payee rule under Section 9(c) of the NIL Philippine National Bank vs. Rodriguez Oct 08 Corporate Law: Concept of fact of special significance, Material fact in insider Trading prohibition clause. Securities and Exchange Commission vs. Interport Resources Corporation Nov 08 Supreme Court Decision Continuation:

446.

447.

448.

Corporation Law: Mere inclusion in the GIS is insufficient proof that one is a shareholder David C. Lao vs. Dionisio C. Lao Nov 08 Rule on the Writ of Amparo The Secretary of National Defense vs. Raymond Manalo and Reynaldo Manalo Nov 08 Land Titles: Classification of Boracay The Secretary of Department of Environment vs. Mayor Yap Nov 08 MOA Ancestral Domain The Province of North Cotabato and the companion case vs. The Government of the Republic of the Philippines Nov08 Medical Negligence Sps. Fredelicto Flores (deceased) and Felicisima Flores vs. Sps. Pineda Dec 08 Torts: Registered owner of vehicle, even if already sold, is primarily responsible to the public for whatever damages the vehicle may cause Cadiente vs. Macas Dec 08 Manufacturers of articles subject to excise tax are statutory taxpayers that are liable to pay the tax, thus, the proper party to claim any refunds. Silkair (Singapore) PTE. Ltd. vs. Commissioner of Internal Revenue Dec 08 Criminal Procedure: Filing Complaint with Prosecutor tolls prescriptive period for violations of Special Acts. Panaguiton, Jr. vs. Department of Justice Dec 08 Contributory Negligence National Power Corporation vs. Heirs of Noble Casionan Dec 08 Labor Law: Where dismissal is too harsh a penalty Sagales vs. Rustans Commercial Corp., - Dec 08 Determination of Just Compensation under CARP Land Bank of the Philippines vs. Dumlao Dec 08

449.

450.

451.

452.

453.

454.

455.

456.

457.

458.

459. 460.

Labor only contracting and legitimate job contracting Damian Aklan, et al. v. San Miguel Corp. et al., - Jan 09 Implied trusts: resulting and constructive Richard B. Lopez, in his capacity as Trustee of the Trust Estate of the late Juliana Lopez-Manzano v. Court of Appeals, et al., - Jan 09 Procedural Law: Appeals from quasijudicial agencies under Rule 43 Department of Education, represented by its Officer-in-Charge and Undersecretary, et al. v. Godofredo G. Cuanan Jan 09

461.

Supreme Court Decision Continuation: 462. Only a spouse can initiate an action to sever the marital bond for except cases commenced prior to March 15, 2003 Juan de Dios Carlos v. Felicidad Sandoval, et al. Jan 09 Required proper Chain of Custody of Seized drugs The People of the Philippines v. Samuel Obmiranis y Oreta Jan 09 Application of the Indeterminate Sentence Law in estafa when there are incremental penalties People of the Philippines v. Beth Temporada Jan 09 Cable Retransmission not protected under Rome Convention ABS-CBN Broadcasting Corp v. Philippine Multi-Media System, Inc., - Feb 09 Procurement: Proper Procedure to assail decision of a BAC First United Constructors Corp. v. Poro Point Management Corporation (PPMC) Feb 09 Limits of Government Power White Light Corporation et al. v. City of Manila, represented by Mayor Alfredo S. Lim Feb 09 Divergent decision on the refund/non payment of wages of employee under payroll reinstatement Juanito A. Garcia et al. v. Philippine Airlines , Inc. Feb 09 Rehabilitation Philippine National Bank et al. v. Hon. Court of Appeals Feb 09 Without consideration that is separate and distinct from the purchases price an option contract cannot be enforced Enrico S. Eulogio v. Sps. Clemente Apeles Feb 09 Requisites for a tenancy relationship to exist Francisco Landicho et al. v. Felix Sia Feb 09 Art. 448, New Civil Code, on builder in good faith not applicable to lessee who makes improvements Sulo sa Nayon, Inc. and/or Phil. Village Hotel, Inc., et al. v. Nayong Pilipino Foundation Feb 09 Collection for Sum of Money Sebastian Siga-an v. Alicia Villanueva Feb 09 Banking Law: Degree of Diligence higher than that of a good father of a family Central Bank of The Philippines v. Citytrust Banking Corp. Mar 09 Proper procedure for Assignment of assets to a SPV Asset Pool A (SPVAMC) Inc. v. Court of Appeals Mar 09 Ancestral Lands The City Government of Baguio City, et al. v. Atty. Brain Masweng Mar 09

463. 464. 465. 466. 467. 468. 469. 470.

471. 472.

473. 474. 475. 476.

477. 478. 479. 480. 481. 482.

Notice of Claim 24 hour rule under Art. 366 Code of Commerce UCPB General Insurance Co., Inc. v. Aboitiz Shipping Corp. Mar 09 Payment of docket Fees Ruby Shelter Builders , et al. v. Hon. Pablo C. Formaran III, - Mar 09 Summary Judgment Mariano Nocom v. Oscar Camerino Mar 09 When Circumstantial Evidence is sufficient to convict People of the Philippines v. Renato Espaol - Mar 09 Restatement of Mercado v. Manzano - Gaudencio M. Cordora v. Commission on Election Mar 09 Rights of an Alien who acquired real properties in the country as against his former Filipina girlfriend in whose sole name the properties were registered Camilio F. Borromeo v. Antonietta O. Descallar Mar 09 Nullity of extrajudicial foreclosure sale because notice of sale was not published in newspaper of general circulation - Metropolitan Bank and Trust Company, Inc. v. Eugenio Peafiel Mar 09 Relativity of Contracts - Fort Bonifacio Development Corp. v. Manuel N. Domingo Mar 09 Land Titles: Titles secured by fraud are not indefeasible Gregorio Araneta University Foundation v. The Regional Trial Court of Kalookan City Apr 09 Labor Code: Interpretation of Art. 157 vis--vis Art. 280; job contracting; regular v. casual; labor only contracting - Jeromie D. Escasinas et al. v. Shangri-las Mactan Island Resort Apr 09 Offences covered by Grant of Amnesty strictly construed Kapunan, Jr. v. The Court of Appeals and the companion case Apr 09 Eduardo E.

483.

484. 485. 486.

487. 488.

Presidential Decree (P.D.) No. 2016, reinforced by P.D. No. 1517, which prohibits the eviction of qualified tenants/occupants, extends only to landless urban families who are rightful occupants of the land and its structures; Rule 45 when?; article 487 recovery possession by co-owner; PD 1517 v. PD 2016; only one coowner is indispensable party; unnotarized DOS; unregistered DOS James Estreller, et al. v. Luis Miguel Ysmael Apr 09 Special Agrarian Courts must follow DAR formula when determining just compensation - Allied Banking Corporation v. The Land Bank of the Philippines Apr 09 Labor Law: Constructive dismissal - Fe La Rosa, et al. v. Ambassador Hotel Apr 09 Land Titles: Partition; TD with or without effect, patent - ?; patentee not possessor Perfecta Cavile, et al. v. Justina Litania-Hong Apr 09 Disputes regarding rules of Homeowners Associations fall under the jurisdiction of the HLURB Lourdes L. Eristingcol v. The Court of Appeals Apr 09 Family Home; new issues etc cant be raised for the 1st time on appeal; writ of execution ministerial duty - Simeon Cabang, et al. v. Mr. & Mrs. Guillermo Basay Apr 09 Agents of Corporations allowed to act within scope of apparent authority, it will be stopped from denying such authority - Westmont Bank and the companion case v. Inland Construction and Development Corp. Apr 09

489.

490. 491. 492. 493.

494.

495.

Labor Law: Decision or award of a voluntary arbitrator appelable to C.A. under Rule 43 and not Rule 65 - Samahan ng mga Manggagawa sa Hyatt NUWHRAIN-APL, v. Voluntary Arbitrator Froilan M. Bacungan, - Apr 09 Execution pending appeal granted only for Good reasons Geologistics, Inc., v. Gateway Electronics Corp., - Apr 09 Where the reclassification or upgrading of positions carries with it a change in qualification requirements, then a new appointment must be issued in favor of incumbent; otherwise no new appointment is required Alicia D. Tagaro v. Ester A. Garcia May 09 In pari delicto; stare decisis - Tala Realty Services Corp., et al. The Hon. Court of Appeals and the companions case May 09 Unlawful detainer case; what determines jurisdiction and nature of action Estate of Soledad Manantan., v. Aniceto Somera May 09 Retroactive application of the Fresh period Rule; Insurers joint and solidary liability; final judgment or order/OR The Heirs of George Y. Poe v. Malayan Insurance Company Inc. May 09 ECC: Claims for benefits filed beyond prescriptive period - Soledad Muoz Mesa v. Social Security System and Philrock Incorporated May 09 NTC has no power to cancel certificate of public convenience and other licenses issued pursuant to a legislative franchise Santiago C. Divinagracia v. Consolidated Broadcasting System, Inc. May 09 Agrarian: Ownership shall be deem to pass only upon full payment of just compensation Land Bank of Philippines v. Carolina B. Vda. De Abello May 09 Criminal Law: Mere Filing of an information and/or issuance of warrant of arrest will not automatically make a surrender involuntary Rosario T. De Vera v. Geren A. De Vera May 09 Land Title: person who deals with registered property in good faith will acquire good title from a forger and be protected by a Torrens Title; innocent buyer v. good faith; need not go beyond the title; forged document root of valid title; SC not trier of facts - exceptions Sps. Juanito R. Villamil, et al. v. Lazaro Cruz Villarosa May 09 Arbitration Tribunals should use all reasonable means to ascertain facts without regard to strict techniquality Summa Kumagai, Inc., et al. v. Romago, Incorporated May 09 Criminal Law: Supreme Court Ordering Secretary of Justice to file a criminal complaint; probable cause - preliminary investigation; trust receipt transaction Metropolitan Bank & Trust Company v. Hon. Secretary of Justice Raul M. Gonzales May 09 Recruitment Agencies have an obligation to protect and tend to the welfare of OFW Becmen Service Exporter and Promotion, Inc. and the companion case v. Sps. Simplicio May 09 Torts: Reckless Imprudence, Speeding is indicative of imprudent behavior; right of way Larry V. Caminos, Jr. v. People of the Philippines Jun 09 Contract Law: Dragnet Clause in Mortgage Agreements Producers Bank of the Philippines v. Excelsa Industries, Inc. Jun 09

496. 497.

498. 499. 500.

501. 502.

503. 504.

505.

506.

507.

508.

509. 510.

511.

Torts: Stevedoring Companys required degree of diligence is ordinary diligence of a good father of a family; liability for tort may arise even under a contract; Stevedore v. Arastre Mindanao Terminal and Brokerage Services, Inc. v. Phoenix Assurance Company of New York/McGee & Co., Inc. Jun 09 Labor Law: Authority of Secretary of Labor to determine existence of employer-employee relationship Peoples Broadcasting (Bombo Radyo Philippines, Inc. v. The Secretary of the Department of Labor and Employment Jun 09 Procedural Law: Nature of Complaint determined by allegations; malice and damages; the press should not be held to account for honest mistakes or imperfections in the choice of language; Libel Hector C. Villanueva v. Philippine Daily Inquirer, Inc. Jun 09 Labor Law: The right to dismiss an employee on account of loss of confidence must not be exercised whimsically - San Miguel Corp., v. National Labor Relation Commission Jun 09 Family Law: Totality of evidence standard in declaration of nullity due to psychological incapacity Marieta C. Azcueta v. Republic of the Philippines Jun 09 Indirect Contempt: Permissible line of fair comment and legitimate criticism of courts Erlinda I. Bildner et al. v. Erlinda K. Ilusorio Jul 09 Civil Service Law: the CSC has jurisdiction to supervise the performance of and discipline all government employees, including those employed in governmentowned or controlled corporations with original charters such as PUP Civil Service Commission v. Larry M. Alfonso Jul 09 Labor Law: Dismissal for willful breach of employers trust; SC Rule 45; question of law; exception Triumph International (Phils.), Inc. v. Ramon L. Apostol Jul 09 Agrarian Law: Tenancy is a legal relationship and not merely a factual relationship Joaquin Soliman, et al. v. Pampanga Sugar Development Company (PASUDECO) Inc. Jul 09 Tax Law: Deposits for future subscription not subject to DST Commissioner of Internal Revenue v. First Express Pawnshop Company Inc. Jul 09 Procedural Law: Purpose of reglementary periods of appeal is to put an and to judicial controversies; civil action deemed instituted; exception Mercedita T. Guasch v. Arnaldo Dela Cruz Jul 09 Criminal Law: Proper apportionment of civil indemnity ex delicto; information must state qualifying circumstances for them to be considered in the imposition of the penalty People of the Philippines v. Bartolome Tampus Jul 09 Civil Law: Art. 1623 Legal redemption; running of 30 day period commences upon buyer being furnished written notice by seller, and not from notice of finality of decision Grace Gosiengfiao Guillen et al. v. The Court of Appeals, - Jul 09 Labor Law: An employer who agrees to extend such benefit as an incident of the resignation should not be allowed to renege on the fulfillment of such commitment; voluntary resignation; benefits; 3 elements of cause of action J Marketing Corporation represented by its Branch Manager Elmundo Dador v. Cesar L. Taran Jul 09 Criminal Law: No estafa through conversion if agent delivered goods to a subagent for sale on commission basis Wilma Tabaniag v. People of the Philippines Jul 09

512.

513.

514.

515. 516. 517.

518.

519.

520. 521.

522.

523.

524.

525.

526.

Evidence; Criminal Law: Frustrated murder; affirmative testimony stronger than negative testimony; delay in divulging names of perpetrators does not impair credibility; denial alibi; physical impossibility; elements of treachery; intent to kill - elements Edgar Esqueda v. People of the Philippines Jul 09 Corporation Law: requirements before instituting a derivative suit Anthony S. Yu et al. v. Joseph S. Yukayguan Jul 09 Criminal Law: Illegal drugs non-compliance with Section 21, Article II of Republic Act No. 9165 is not fatal and will not render an accuseds arrest illegal or the items seized/confiscated from him inadmissible; elements of drug conviction People of the Philippines v. Rashamia Hernandez y Santos Jul 09 Criminal Law: Res Gestae; alibi v. positive identification; trial courts findings Arthur Zarate v. Regional Trial Court, Branch 43 Aug 09 Labor Law: Test for determining whether an employee is a project employee or a regular employee Alcatel Philippines Inc. v. Rene R. Relos Aug 09 Family Law Decision of the National Appellate Matrimonial Tribunal Digna A. Najera v. Eduardo J. Najera Aug 09 Criminal Law: Totality Test; Proper procedure on photographic identification People of the Philippines v. Jojo Musa y Santos Aug 09 Labor Law: Check-off process Eduardo J Mario, Jr. v. Gil Y. Gamilla Aug 09 BP 22: When civil liability allowed to prosper separately after dismissal of BP 22 case; rule of procedure application; 1st lien on the judgment Anita Cheng v. Sps. William Sy and Tessie Sy Aug 09 Civil Law: Pledge; rescission of contracts; stock brokerage & rescission Armand O. Raquel-Santos et al. v. Court of Appeals and the companion case Aug 09 Land Titles: No valid TCT can issue from a void TCT unless an innocent purchase for value had intervened Rabaja Ranch Development Corp. v. AFP Retirement and Separation Benefits System Aug 09 Procedural Law: Summary Judgment if no genuine issue D.M. Consunji, Inc. v. Duvaz Corporation Sept 09 Civil Law: Extrajudicial Settlement of Estate coupled with a deed of Sale Cornelia Baladad v. Sergio A. Rublico Sept 09 Criminal Law: Attempted Murder modified to attempted Homicide Ramie Valenzuela v. People of the Philippines Sept 09 Labor Law: Labor Standards, visitorial power of the SOLE, Compliance Orders Jethro Intelligence & Security Corp., et al. v. The Hon. Secretary of Labor and Employment Sept 09 Land Titles: Judicial Reconstitution of title; court need not wait for Report of Register of Deeds before it can rule Republic of the Philippines v. Agripina Dela Raga Sept 09 Procedural Law: Excusable one (1) day delay in appeal Republic Cement Corp., v. Peter I. Guinmapang Sept 09 Civil Law: Novation of Contract; Improper attachment - Foundation Specialist, Inc. v. Betonval Ready Concrete, Inc. Sept 09

527. 528.

529. 530. 531. 532. 533. 534.

535. 536.

537. 538. 539. 540.

541.

542. 543.

544.

Criminal Law: Jurisdiction of Sandiganbayan under Section 4(b) R.A. 8249 covers even those below Salary Grade 27; Inding v. Sandiganbayan restated People of the Philippines v. Sandiganbayan Sept 09 Criminal Law: Liability through disputable presumption of ownership and constructive possession; circumstantial evidence People of the Philippines v. Lito Macabare y Lopez Sept 09 Civil Law: Contract to Sell; contract of sale; Maceda Law; rescission Heirs of Cayetano Pangan, et al. v. Sps. Rogelio Perreras Sept 09 Criminal Procedure: Warrantless Search of Area of Suspects immediate control Sr. Insp. Jerry C. Valeroso v. Court of Appeals and People of the Philippines Oct 09 Land Titles: If Registration of Land Titles: If Registration of Land is Fraudulent, registrant and successor-in-interest hold the land as mere trustees; reconveyance of property Emma Ver Reyes et al. v. Irene Montemayor Oct. 09 Procedural Law: Mere imputation of bias, unsupported by extrinsic evidence, is not enough ground for voluntary inhibition of a Judge Jimmy Barnes a.k.a. James L. Barnes v. Teresita C. Reyes Oct 09 Agrarian Law: Just Compensation should be determined and process - Land Bank of the Philippines v. Heirs of Asuncion Aonuevo vda. De Santos Oct 09 Corporation Law: Board of Directors cannot elect another director to fill a vacancy caused by the resignation of a hold-over director; term v. tenure v. holdover Valle Verde Country Club v. Victor Africa - Oct 09 Immigration Law: Deportation Proceedings; issue of bail; jurisdiction of Board of Commissioners; Habeas Corpus, certiorari, prohibition, mandamus, Due Process, indispensable party Go v. Ramos - Oct 09 Criminal Law: Failure to establish proper Chain of custody of seized evidence Dolera y Tejada v. People - Oct 09 Presumptive death under the Civil Code Valdez v. Republic - Oct 09 Procedural Law: Denial of a Motion for the execution of judgment is appealable under Sec 1, Rule 41; Compromise Agreement Valdez v. Financiera Manila, Inc. Oct 09 Land Titles: to bind third parties, a deed of sale covering an unregistered parcel of land must be registered with the Registry of Deeds; liberal construction vs strict construction; correct mode of appeal; weight of lower court in assessment of witness Dadizon v. CA - Oct 09 Procedural Law: Existence and availability of the right of appeal are antithetical to the availability of the special civil action for certiorari San Miguel Bukid Homeowners Association, Inc. et al. v. The City of Mandaluyong, et al. Nov 09 Labor Law: Regular employee by years of service San Miguel Corp. v. Teodosio Nov 09 Equity of Redemption; res judicata Rizal Commercial Banking Corp. v Royal Cargo Corp. Nov 09 Criminal Law: Procedure; when a motion to dismiss not considered a demurrer to evidence Abador v. People - Nov 09

545.

546. 547.

548.

549.

550. 551.

552.

553. 554. 555.

556.

557.

558. 559. 560.

561. 562. 563.

Civil Law: equivalent of a tender of payment, unjustified refusal to accept payment; question of law Cinco v. CA - Nov 09 Procedural Law: Substituted Service of summons Garcia v. Sandiganbayan Nov 09

Criminal Law: Encashment Slips are commercial documents, somplex crime of estafa three Falsification of Commercial Document Domingo v. People - Nov 09 564. Labor Law: Death of an unborn child; dependent of its parents ; doubt should be resolved in favor of labor Continental Steel Manufacturing Corp. v. Montao Nov 09 565. 566. 567. 09 568. 569. Procedural Law: Writ of Preliminary Injunction Equitable PCI Bank v. Apurillo - Dec 09 Procedural Law: When Summary Judgment proper; quantum meruit attorneys fees amended pleading Loy v. San Miguel Corp Employees Union Philippine Transport, et al - Dec 09 Civil Law: Unconscionable rate of interest Castro v. De Leon Tan - Dec 09 Corporation Law: Stockholders not liable for acts of corporation unless they are officers who participated in the act. Espiritu v. Petron - Dec 09 Procedural Law: Compulsory Joinder of Indispensable parties; TDs importance Valdez-Tallorin v. Heirs of Tarona - Dec 09 Procedural Law: Collateral Attack of a Final Order Fajardo v. Comandante Dec 09 Corporation Law: Rehabilitation Pacific Wide Realty v. Puerto Azul Land Dec 09 Tax Law: When the term sale is made to include certain transactions for the purpose of imposing a tax San Roque Power Corp v. Commissioner of Internal Revenue - Dec 09 Civil Law: Damages for Libel Yuchengco v. The Manila Chronicle Publishing Corp. - Dec 09 Foreclosure: Posting and Publication Requirements; Posting may be dispensed BPI v. Puzon - Dec 09 Labor Law/Corporation Law: What distinguishes a regular company manager performing important executive tasks from a corporate officer whose election and functions are governed by the companys by-laws. Gomez v. PNOC - Dec 09 Civil Law: Lease; unlawful detainer; refusal to receive notice, lessees preemptive rights ejectment case cant be suspended by any action; determination of jurisdiction - Yuki v. Wellington Co. - Dec 09 Civil Law: Rescission and Resolution of Contracts, warranty against eviction, prescription - Heirs of Sofia Quirong v. DBP Jan 10 Criminal Law: Elements of Violation of Sec 83 of RA 337; quashal of information sufficiency of facts alleged Go v. BSP - Nov 09 Family Law: Liability of Ascendants to provide support to descendants Lim v. Lim - Nov 09 Labor Law: Strained Relations Cabigting v. San Miguel Foods, Inc. Dec

570. 571. 572. 573. 574. 575.

576. 577. 578.

579.

580.

581.

Civil Law: Voidable Contracts; 4 years prescriptive period, affected by fear? Body of complaint and not caption and prayer determines nature of action. When to dismiss, prescription First Philippine Holdings Corp. v. Trans- Middle East (Phils.) Equities Inc. - Jan 10 Negotiable Instruments Law: Liability of collecting bank Metropolitan Bank v. BA Finance Corp. - Jan 10 Procedural Law: Orders of foreign Court appointing liquidators does not involve the enforcement of a foreign judgment Pea v. The Special Sixth Division Jan 10 Gratuity laws interpreted against the grant of double compensation Herrera v. Napocor - Jan 10 Jurisdiction over criminal actions arising from violations of PD 957 is vested in regular courts Dazon v. Yap Feb 10 Mandamus will not lie for enforcing the performance of duties in which the public has no interest Uy Kiao Eng v. Nixon Lee - Feb 10 Duty of Judge to consider all evidence when ruling on a motion to withdraw information, res inter alias acta conspiracy Tamargo v. Awingan - Feb 10 Abuse of Right Principle, Art. 19 NCV Villanueva v. Rosqueta - Feb 10 Corpus delicti, extrajudicial confession People v. Tuniaco - Feb 10 A summary judgment in resolving a documented claim of alleged excessive penalty charges BPI v. Yu - Feb 10 Easement of right of way Salimbangon v. Tan - Feb 10 Verba Legis Principle CIR v. Ariete - Feb 10 Tax Liabilities of Pawnshops Tambunting Pawnshop v. CIR - Feb 10 Labor Code concept of permanent total disability applies to Filipino seafarers Quitoriano v. Jebsens Maritime, Inc. - Feb 10 Illegal Dismissal Fulache v. ABS-CBN - Feb 10 Voluntary Surrender Buada v. Cement Center, Inc. - Feb 10 Dangerous Drugs, failure to establish identity of the dangerous drug Cacao y Prieto v. People - Feb 10 Cooperatives are not required to withhold taxes on interest from savings and time deposits of their members Dumaguete Cathedral Credit Cooperative v. CIR Feb 10 Violation of Section 6 of Fair Election Act Garcia v. COMELEC - Feb 10 DOSRI Violation Soriano v. People Mar 10 Public Prosecutors unilateral withdrawal of a motion to drop an accused from the information Cruz v. Sandiganbayan - Mar 10 Jurisdiction of the COSLAP Machado v. Gatdula - Mar 10 Torts Philippine Hawk Corp. v. Tan Lee - Mar 10

582. 583.

584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 594. 595. 596. 597. 598.

599. 600. 601. 602. 603.

604. 605. 606. 607. 608.

Bank Secrecy Law BSP v. Go-Bangayan - Mar 10 Off-line Carrier doing business in the Phils. Subject to 32% tax South African Airways v. CIR - Mar 10 Election Law requirements of administrative due process do not process do not apply to the internal affairs of political parties Atienza v. COMELEC - Mar 10 Land Titles; Summary Judgments Eland Phils. v. Garcia - Mar 10 Administrative Law: Whether the deliberate failure of the appointing authority to submit appointment paper to the CSC within 30 days from its issuance made appointment ineffective and incomplete Obiasca v. Basallote - Mar 10 Law of the Case Heirs of Estelita Burgos-Lipat, et al v. Heirs of Eugenio D. Trinidad Apr 10 Civil Law: Sales of Real Property unit price contract, lump sum contract Del Prado v. Sps. Caballero, et al. - Apr 10 Intellectual Property Law: Infringement of unregistered trade name Coffee Partners, Inc. v. San Francisco Coffee, et al - Apr 10 Civil Law: determining existence of partnership Heirs of Jose Lim, et al. v. Juliet Villa Lim - Apr 10 Civil Law: Passport Act use of Maiden name of a wife Maria Virginia V. Remo v. The Hon. Secretary of Foreign Affairs - Apr 10 Citizenship through Recognition DOJ Secretary Raul Gonzalez, et al. v. Michael Alfo Pennisi - Apr 10 Procedural Law: Statements of mere conclusions of law expose the complaint to a motion to dismiss on the ground of failure to state a cause of action Del Rosario v. Donato - Apr 10 Labor Law: proper computation of monetary awards of an illegally dismissed employee Javellana v. Belen - Apr 10 Tax Law: Minimum Corporate Income Tax Chamber of Real Estate, et al. v. The Hon. Executive Secretary Alberto Romulo - Apr 10 Procedural Law: Exception to general rule that lack of jurisdiction on the subject matter can be raised at any time and is not lost by estoppel by laches Atty. Cudiamat v. Batangas Savings - Apr 10 Family Code: Art. 36, restatement of Santos doctrinal validity on the gravity and incurability requisition Suazo v. Suazo - Apr 10 It is the Department of Energy, and not the ERC, that has jurisdiction over the regulation of the marketing and distribution of energy resources Mactan Electric Company, Inc. v., NAPOCOR - Apr 10 Procedural Law: Exercise of equity jurisdiction PCI Leasing Finance, Inc. v. Milan May 10 Procedural Law: Belated filing of proof of authority to sign verification and certification constitutes substantial compliance Mediserv, Inc. v. Court of Appeals May 10

609. 610. 611. 612. 613. 614. 615.

616. 617. 618.

619. 620.

621. 622.

623. 624.

Labor Law: Omnibus Grounds cited in a dismissal notice, not sufficient under the law Benjamin v. Amellar Corp. - May 10 Corporation Law: Corporation has no power, except those expressly conferred on it the Corporation Code and those that are implied or incidental to its existence Republic of the Philippines v. Coalbrine International Philippines, Inc. - May 10 Constitutional Law: Interpretation of the explicit constitutional standard that requires a minimum population of 250,000 for the creation of a legislative district Sen. Benigno Simeon C. Aquino III v. COMELEC - May 10 Criminal Law; Conspiracy: In case of reasonable doubt as to its existence, the balance tips in favor of the milder form of criminal liability Rosie Quidet v. People - May 10 Constitutional Law: Non-discrimination, Accreditation as a Party-List Ang Ladlad LGBT Party v. COMELEC - May 10 Criminal Law: Violence against women; Emotional Anguish - Rustan Ang y Pascua v. The Hon. Court of Appeals and Irish Sagud - May 10 Criminal Procedure: the task of the presiding judge when the Information is filed with the court is first and foremost to determine the existence or non-existence of probable cause for the arrest of the accused Borlongan v. Pea June 10 Criminal Law: To be guilty of the crime of illegal possession of firearms and ammunition, one does not have to be in actual physical possession thereof. Evangelista v. People - June 10 Legal Ethics: Legal Fees Catly v. Navarro - June 10 Tax Law: Invalid waivers of prescriptive period to assess CIR v. Kudos Metal Corp. - June 10 Administrative Law: Authority of HLURB to issue CDO against a government financial institution. GSIS v. Board of Commissioners - June 10 Procedural Law: a petition for review is the correct mode of appeal from decisions of Special Agrarian Courts shall apply only to cases appealed after the finality of this Resolution Landbank v. Rodriguez - June 10 Criminal Law: Negative in their nature, bare denials and accusations of frameup cannot, as a rule, prevail over the affirmative testimony of truthful witnesses People v. Roa y Villaluz - June 10 Criminal Procedure: when confronted with a motion to withdrawan information on the ground of lack of probable cause based on a resolution of the DOJ Secretary, the bounded duty of the trial court is to make an independent assessment of the merits of such motion. Santos v. Orda - June 10 Election Law: registration of political coalitions, the grant of accreditation to the dominant parties Liberal Party, et al. v. COMELEC - June 10 Administrative Law: Essence of due process in administrative proceedings is an opportunity to seek a reconsideration; Loss of trust and confidence = managerial employee; SC errors of law exceptions; 2 notice rule; 5 days reasonable period; doubt resolved in favor of Lima Land, Inc. et al v. Cuevas July 10 Corporation Law: A certificate of stock is the paper representative or tangible evidence of the stock itself and of various interests therein. The certificate is not a stock in the corporation but is merely evidence of the holders interest and status in

625.

626.

627. 628. 629.

630.

631. 632. 633. 634.

635.

636.

637. 638.

639.

the corporation; Question of Law v. Question of Fact; Fraud v. Suspicion Makati Sports Club, Inc. v. Cheng et al - July 10 640. Procedural Law: parties should desist from the practice of filing several motions to dismiss which allege the same ground. - PNB v. The Intestate Estate of Francisco De Guzman - July 10 Civil Law: Elucidation on the Iron Curtain bar rule (Art. 992); order of preference not absolute In the Matter of the Intestate Estate of Cristina AguinaldoSuntay et al. v. Isabel Cojuangco-Suntay - July 10 Criminal Law: Kindapping with ransom People v. Awid - July 10 Criminal Law: Jurisprudence on award of damage People v. Lalongisip y delos Angeles - July 10 Criminal Law: prosecution by merely showing the inconsistent or contradictory statements of the accused, even if both statements are sworn; Perjury Masangkay v. People - July 10 Labor Law: If an employee has been dismissed for a just cause under Article 282 of the Labor Code, The employee is not entitled to separation pay BPI and BPI Family Bank v. NLRC - July 10 Labor Code: Article 291 of the Labor Code covers all money claims from employer-employee relationship. It is not limited to money claims recoverable under the Labor Code, but applies also to claims of overseas contract workers. Southeastern Shipping, et al v. Navarra - July 10 Criminal Law: State undertaking to protect witness to whom it had given immunity from prosecution Disini v. Sandiganbayan - July 10 Civil Code: Accretion; Spanish Law of Waters of 1866; Indispensable party v. necessary party; Acquisitive prescription; Land registration/ confirmation/ acquisitive prescription Office of the City Mayor of Paraaque City v. Ebio - July 10 Procedural Law: Relaxation of the 15-day period to appeal in the interest of substantial justice PEZA v. Carates - July 10 Taxation: Local Government in the case of the collection of local taxes there is no express provision in the LGC prohibiting courts from issuing an injunction to restrain local governments from collecting taxes Angeles City v. Angeles Electric Corp. - July 10 Land Titles: Cancellation of Notice of Lis Pendens J. Casim Construction Supplies, Inc. v. Registrar of Deeds of Las Pias, Intestate Estate of Bruneo Casim Aug 10 Land Titles: a mere showing of possession and occupation for 30 years or more is not sufficient; CENRO not Republic of the Phils. v. Hanover Worldwide Trading Corp. - Aug 10 Election Law: Legal Residence Mitra v. COMELEC - Aug 10 Land Titles: Deed of Restrictions; Estoppel by Deed; Police Power v. Nonimpairment clause The Learning Child, Inc. v. Ayala-Alabang Village Association and the companion case - Aug 10 Criminal Law: Estafa through falsification of public document (forgery of a will); expert opinions Obando et al v. People - Aug 10

641.

642. 643. 644.

645.

646.

647. 648.

649. 650.

651.

652.

653. 654.

655.

656. 657.

Maritime Law: Prescriptive Period for filing claims under COGSA Section 3(6) Wallem Phils. Shipping Inc. v. SR Farms, Inc. - Aug 10 Procedural Law: Certiorari under Rule 65 is not the proper remedy against administrative agency not exercising judicial or quasi-judicial function; Judicial functions v. quasi-judicial functions; interest declaratory relief CREBA v. ERC Aug 10 Civil Law: Contract to Sell and Contract of Sale Montecalvo v. Heirs of Primero - Aug 10 Administrative Law: Authority of Local Government Official to engage services of outside counsel; Attorneys fees Municipality of Tiwi v. Betito - Aug 10 Corporation Law: the prevailing rule now categorically provides that awards for moral damages, exemplary damages, and attorneys fees in intra-corporate controversies are not immediately executory; procedural law applicable to pending cases Heirs of Divinagracia v. Hon. Ruiz - Aug 10 Procedural Law: Parents right not to testify in a case against his children In re: Petition for cancellation and correction of entries in the records of birth, Lee v. CA Aug 10 Criminal Law: Buy-Bust Chain of Custody People v. Nandi y Sali - Aug 10 Procurement: Procedure for valid protest LRA v. Lanting Security and Watchman Agency - Aug 10 Legal Ethics: Conduct of Judges; haste in rendering a decision Atty. Bernas v. Reyes - Aug 10 Corporation Law: Under the Rehabilitation Rules, if upon the lapse of 180 days from the date of the initial hearing there is still no approved rehabilitation plan, the RTC must dismiss the petition North Bulacan Corp. v. Philippine Bank of Communications Sept 10 Civil Law: Art. 448 Builders in good faith Luciano v. Macabagdal - Sept 10 Criminal Law: Agreement surrounding the issuance of dishonored checks is irrelevant to the prosecution for violation of BP 22 Land Bank of the Phils. v. Jacinto - Sept 10 Civil Law: Simulated Sales and declaration against interest Taghoy v. Tigol Sept 10 Criminal Law: When the equipoise rule should apply People v. CA - Sept 10 Family Law: The psychological incapacity should refer to no less than mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage Toring v. Toring - Sept 10 Rules of Court. Redemptioner; proper amount to be paid Torres v. Alamag and Ngoju Sept 10 Labor Law: If it can be proven that at the time of injury, the employee was acting within the scope of his employment and performing an act reasonably necessary in his work, his injury is compensable GSIS v. Zarate - Sept 10 Redemption of Property Sold for tax delinquency City Mayor v. RCBC - Sept 10

658. 659. 660.

661.

662. 663. 664. 665.

666. 667.

668. 669. 670.

671. 672.

673.

674. 675. 676.

Land Titles: Establishing possession; coverage of writ of execution; Lisay v. Muni - execution De Leon v. Public Estates Authority Contract Law: the Arbitration Clause; CIAC; EO 1008 Construction Industry Arbitration William Golangco Construction Corporation v. Burton Criminal Procedure: Determination of the probable cause, a function belonging to the public prosecutor; judicial review allowed where it has been clearly established that the prosecutor committed grave abuse of discretion; probable cause / estafa v. novation - Metropolitan Bank and Trust Company v. Reynaldo - Sept 10 Corporation Law: suspension of actions for claims commenced only from the time a management committee or receiver is appointed; foreclosure, writ of possession/remedy Equitable PCI Bank v. DNG Realty and Devt Corp. - Sept 10 Family Law: A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) is confined only to proceedings commenced after March 15, 2003 Ablaza v. Republic - Sept 10 Criminal Law: Dangerous Drugs for the saving clause of Section 21 of RA No. 9165 to apply, it is important that the prosecution explain the reasons behind the procedural lapses and that the integrity and value of the seized evidence had been preserved. People v. Pagaduan y Tamayo - Sept 10 Civil Law: Lease; A judgment on a suit for unlawful detainer ejecting the lessees from the subject property carry with it the return of personal properties stipulated as included in the contract of lease University Physicians Services, Inc. v. Marian Clinics, Inc. Oct 10 Family Law: buyers of conjugal property must observe 2 kinds of diligence, namely: (a) diligence in verifying the validity of the title covering the property; and (b) the diligence in inquiring into the authority of the transacting spouse to sell conjugal property in behalf of the other spouse Sps. Aggabao v. Parulan - Oct 10 Administrative Law: jurisdiction of the HLURB over an action to compel a land developer to deliver a promised title over a subdivided lot. Sps. Lim v. Ruby Shelter Builders and Realty Development Corp. - Oct 10 Procedural Law: Service of Summons Gentle Supreme Philippines, Inc. v. Consulta - Oct 10 Attorneys Fees: propriety of hearing and adjudicating a claim for attorneys fees in the case in which the lawyer rendered his services Estate of Siapian v. Intestate Estate of Mackay - Oct 10 Procedural Law: heavy workload cannot be considered a valid justification to sidestep the reglementary period since to do so would only serve to encourage needless delays and interminable litigations. J. Tiosejo Investment Corp. v. Sps. Benjamin and Eleanor Ang - Oct 10 Civil Code: Trust funds Metropolitan Bank and Trust Company, Inc. v. The Board of Trustees of Riverside Mills Corporation Provident - Oct 10 Contract Law: Claims against a performance bond; Claim defined; CIAC/Complementary Contracts construed together doctrine Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc. Oct 10 Criminal Law: Annulment of Marriage is not a prejudicial question in criminal case for Parricide Pimentel v. Pimentel Oct 10 Administrative Law: distinguishing tax and regulation as a form of police power, the determining factor is the purpose of the implemented measure Chevron Phils. v. Bases Conversion Development Authority, et al Oct 10

677.

678.

679.

680.

681.

682. 683. 684. 685.

686. 687. 688. 689.