Zenhashy's Place

PEOPLE OF THE PHILIPPINES, vs. HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS G.R. No. 88232 February 26, 1990 Facts: Alma T. Aggabao filed  with the RTC, an information against private respondents Elvino Aggabao and Villa Suratos for the crime of concubinage. Upon being arraigned, private respondents entered a plea of not guilty. During the trial, private respondents filed a motion to dismiss on the ground of lack of jurisdiction.  They argued that concubinage, under Art. 334 of the RPC is punishable with prision correccional in its minimum and medium periods, which is equivalent to imprisonment of six (6) months and one (1) day to four (4) years and two (2) months, well within the exclusive original jurisdiction of the Municipal Trial Court, and not of the RTC The prosecution filed an opposition to the motion contending that the RTC has jurisdiction over the crime of concubinage...

PANFILO M. LACSON vs. THE EXECUTIVE SECRETARY, THE SANDIGANBAYAN, OFFICE OF THE SPECIAL PROSECUTOR, THE DEPARTMENT OF JUSTICE, MYRNA ABALORA, NENITA ALAP-AP, IMELDA PANCHO MONTERO, and THE PEOPLE OF THE PHILIPPINES, respondent. ROMEO M. ACOP AND FRANCISCO G. ZUBIA, JR  G.R. No. 128096 January 20, 1999 Facts: Eleven persons believed to be members of the Kuratong Baleleng gang  which had been involved in a spate of bank robberies in Metro Manila, where slain along Commonwealth Avenue in Quezon City by elements of the Anti-Bank Robbery and Intelligence Task Group (ABRITG), petitioner is one of the members  Ombudsman Desierto formed a panel of investigators, to investigate the incident. This panel later absolved from any criminal liability all the PNP officers and personal involved in the incident, with a finding that the said incident was a legitimate police operation.  However, a review board led by Overall Deputy Ombudsman Francisco Villa modified the finding an...

SEVERINO C. BALTAZAR vs. PEOPLE OF THE PHILIPPINES and ARMANDO C. BAUTISTA G.R. No. 174016   July 28, 2008 THIRD DIVISION  CHICO-NAZARIO, J.: Petition for Review on Certiorari under Rule 45 Facts:           A silver/gray colored car traveling from the direction of Calumpit and going towards the direction of Pulilan Public Market, suddenly hit a pedicab. Because of the impact, the passengers of the pedicab – Erlinda Baltazar and her son, Rolando Baltazar – were thrown out of the pedicab.  Witnesses Cristobal Atienza and Louie Reyes claimed in their respective sworn statements that after hitting the pedicab, they saw the car stop, maneuver into reverse, and run over the hapless victims, before fleeing the crime scene.  As a result, Erlinda Baltazar died while Rolando Baltazar suffered injuries. In the course of the investigation of the incident, Police Officer Santos of PNP, traced the ownership of the car which bumped ...

APOLINARIO GONZALES vs. THE HONORABLE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES and IMELDA CARATAO G.R. No. 108811   May 31, 1994 THIRD DIVISION VITUG, J.: petition for review on certiorari Facts:           A criminal complaint for qualified seduction following a preliminary investigation, was filed the Municipal Trial Court of Obando, Bulacan, against herein petitioner Apolinario Gonzales. The latter, upon arraignment, pleaded "not guilty" to the charge. The presentation of evidence by the prosecution started in May 1983 and was concluded in November 1988. Thereafter, the defense took its turn. When the defense was about to rest its case, the prosecution filed a motion to instead commit the accused to answer to a charge for rape since the evidence submitted indicated that rape, not qualified seduction, was evidently committed.           Following the dismissal of Criminal Case, the pro...

AVELINO CASUPANAN and ROBERTO CAPITULO vs. MARIO LLAVORE LAROYA G.R. No. 145391.  August 26, 2002 THIRD DIVISION CARPIO, J.: petition for review on certiorari Facts:           Two vehicles, one driven by respondent Mario Llavore Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the Municipal Circuit Trial Court of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property.  On the other hand, Casupanan and Capitulo filed a civil case against Laroya for quasi-delict. When the civil case was filed, the criminal case was then at its preliminary investigation stage. Laroya, defendant in the civil case, filed a motion to dismiss the civil case on the ground of forum-shopping considering the pendency of the criminal case. The MCTC granted the motion in the...

CEBU CONTRACTORS CONSORTIUM CO. vs. COURT OF APPEALS and MAKATI LEASING & FINANCE CORPORATION G.R. No. 107199               July 22, 2003 Ponente: AZCUNA, J.: Facts:           MLFC alleges that a lease agreement relating to various equipment was entered into between MLFC, as lessor, and CCCC, as lessee. The terms and conditions of the lease were defined in said agreement and in two lease schedules of payment. To secure the lease rentals, a chattel mortgage, and a subsequent amendment thereto, were executed in favor of MLFC over other various equipment owned by CCCC.           CCCC began defaulting on the lease rentals,6 prompting MLFC to send demand letters.7 When the demand letters were not heeded, MLFC filed a complaint for the payment of the rentals due and prayed that a writ of replevin be issued in order to obtain posses...

ARTURO BORJAL a.k.a. ART BORJAL and MAXIMO SOLIVEN vs. COURT OF APPEALS and FRANCISCO WENCESLAO G.R. No. 126466   January 14, 1999 Facts:           Petitioners Arturo Borjal and Maximo Soliven are among the incorporators of Philippines Today, Inc. (PTI), now PhilSTAR Daily, Inc., owner of The Philippine Star, a daily newspaper. At the time the complaint was filed, petitioner Borjal was its President while Soliven was (and still is) Publisher and Chairman of its Editorial Board. Among the regular writers of The Philippine Star is Borjal who runs the column Jaywalker.           During the congressional hearings on the transport crisis sometime in September 1988 undertaken by the House Sub-Committee on Industrial Policy, those who attended agreed to organize the First National Conference on Land Transportation (FNCLT) to be participated in by the private sector in the transport industry and ...

JOSE B.L. REYES, in behalf of the ANTI-BASES COALITION (ABC) vs. RAMON BAGATSING G.R. No. L-65366  November 9, 1983 Facts:           Petitioner, retired Justice JB L. Reyes, on behalf of the Anti-Bases Coalition sought a permit from the City of Manila to hold a peaceful march and rally, starting from the Luneta, a public park, to the gates of the United States Embassy, hardly two blocks away. Once there, and in an open space of public property, a short program would be held. During the course of the oral argument, it was stated that after the delivery of two brief speeches, a petition based on the resolution adopted on the last day by the International Conference for General Disbarment, World Peace and the Removal of All Foreign Military Bases held in Manila, would be presented to a representative of the Embassy or any of its personnel who may be there so that it may be delivered to the United States Ambassador. The march would be attend...

SOCIAL WEATHER STATIONS, INCORPORATED and KAMAHALAN PUBLISHING CORPORATION, doing business as MANILA STANDARD vs. COMMISSION ON ELECTIONS G.R. No. 147571       May 5, 2001 Facts:           Petitioner, Social Weather Stations, Inc. (SWS), is a private non-stock, non-profit social research institution conducting surveys in various fields, including economics, politics, demography, and social development, and thereafter processing, analyzing, and publicly reporting the results thereof. On the other hand, petitioner Kamahalan Publishing Corporation publishes the Manila Standard, a newspaper of general circulation, which features news- worthy items of information including election surveys. Petitioners brought this action for prohibition to enjoin the Commission on Elections from enforcing §5.4 of RA. No.9006 (Fair Election Act), which provides: “Surveys affecting national candidates shall not be published fifteen (15...

LEO PITA vs. THE COURT OF APPEALS, RAMON BAGATSING, and NARCISO CABRERA G.R. No. 80806     October 5, 1989 Facts:           Pursuant to an Anti-Smut Campaign initiated by the Mayor of the City of Manila, Ramon D. Bagatsing, elements of the Special Anti-Narcotics Group, Auxilliary Services Bureau, Western Police District, INP of the Metropolitan Police Force of Manila, seized and confiscated from dealers, distributors, newsstand owners and peddlers along Manila sidewalks, magazines, publications and other reading materials believed to be obscene, pornographic and indecent and later burned the seized materials in public.           Among the publications seized, and later burned, was "Pinoy Playboy" magazines published and co-edited by plaintiff Leo Pita. Plaintiff filed a case for injunction with prayer for issuance of the writ of preliminary injunction against Mayor Bagatsing and...

HEIRS OF THE LATE SPOUSES AURELIO AND ESPERANZA BALITE; Namely, ANTONIO T. BALITE, FLOR T. BALITE-ZAMAR, VISITACION T. BALITE-DIFUNTORUM, PEDRO T. BALITE, PABLO T. BALITE, GASPAR T. BALITE, CRISTETA T. BALITE and AURELIO T. BALITE JR.  vs. RODRIGO N. LIM G.R. No. 152168             December 10, 2004 Facts:           The spouses Aurelio and Esperanza Balite were the owners of a parcel of land. When the spuoses died intestate, and their children, the petitioners, inherited the subject property and became co-owners thereof, with Esperanza inheriting an undivided share of 9,751 square meters. Esperanza became ill and in need of money for her hospital expenses. She, through her daughter, Cristeta, offered to sell to Rodrigo Lim, her undivided share for the price of P1M. Esperanza and Rodrigo agreed that, under the "Deed of Absolute Sale", to be executed by Esperanza over the property...

RURAL BANK OF STA. MARIA, PANGASINAN vs. THE HONORABLE COURT OF APPEALS, ROSARIO R. RAYANDAYAN, CARMEN R. ARCEÑO G.R. No. 110672 September 14, 1999 Facts:           A parcel of land is registered in the name of Manuel Behis, married to Cristina Behis. Said land originally was part of a bigger tract of land owned by Behis, father of Manuel Behis. And upon the latter's death, his children, namely: Saro Behis, Marcelo Behis, Manuel Behis, Lucia Behis, Clara Behis and Arana Behis, in an extrajudicial settlement with Simultaneous Sale of Inheritance, agreed to sell the land to Manuel Behis, married to Cristina Behis but which subsequently was explained as only an arrangement adopted by them to facilitate transactions over the land in a Confirmation of Rights of Co-Ownership over real Property, showing that the Behis brothers and sisters, including Manuel Behis, are still co-owners thereof. Manuel Behis mortgaged said land in favor of the Bank in a...

CORAZON G. RUIZ vs. COURT OF APPEALS and CONSUELO TORRES G.R. No. 146942             April 22, 2003 Facts:           Petitioner Corazon G. Ruiz is engaged in the business of buying and selling jewelry.4 She obtained loans from private respondent Consuelo Torres on different occasions, in the following amounts: P100,000.00; P200,000.00; P300,000.00; and P150,000.00.5 Prior to their maturity, the loans were consolidated under one (1) promissory note. The consolidated loan of P750,000.00 was secured by a real estate mortgage and the lot was registered in the name of petitioner.           Thereafter, petitioner obtained three (3) more loans from private respondent, and it was secured by three promissory notes in the amount of 100,000 each. These combined loans of P300,000.00 were secured by P571,000.00 worth of jewelry pledged by petitioner to...

MARIANO T. LIM, JAIME T. LIM, JOSE T. LIM, JOVITA T. LIM, ANACORITA T. LIM, ET AL. vs. COURT OF APPEALS, LORENZO O. TAN and HERMOGENES O. TAN G.R. No. L-55201          February 3, 1994 Facts:           The case involves the partition of the properties of the deceased spouse Tan Quico and Josefa Oraa. Both died intestate. They left some ninety six (96) hectares of land. The late spouses were survived by four (4) children: Cresencia, Lorenzo, Hermogenes and Elias. Elias died without issue. Cresencia died also. She was survived by her husband, Lim Chay Sing, 4 and children, Mariano, Jaime, Jose Jovita, Anacoreta, Antonietta, Ruben, Benjamin and Rogelio. The late Cresencia and Lorenzo had contrasting educational background. Cresencia only reached the second grade of elementary school. She could not read or write in English. On the other hand, Lorenzo is a lawyer and a CPA. Petitioners, heirs of Cresenc...