Zenhashy's Place

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...

TUNIVERSAL ROBINA SUGAR MILLING CORPORATION vs. HEIRS OF ANGEL TEVES G. R. No. 128574    September 18, 2002 Facts:           Andres Abanto's heirs executed an “Extrajudicial Settlement of the Estate of the Deceased Andres Abanto and Simultaneous Sale.”[2] In this document, Abanto's heirs adjudicated unto themselves the two lots and sold the (a) unregistered lot of 193,789 square meters to the United Planters Sugar Milling Company, Inc. (UPSUMCO), and (b) the registered lot covered by TCT No. H-37 to Angel M. Teves, for a total sum of P115,000.00.  The sale was not registered.           Out of respect for his uncle Ignacio Montenegro, who was UPSUMCO's founder and president, Teves verbally allowed UPSUMCO to use the lot covered by TCT No H-37 for pier and loading facilities, free of charge subject to the condition that UPSUMCO shall shoulder the payment of real property taxes and...

RITA SARMING, et. al vs. CRESENCIO DY, et al G.R. No. 133643            June 6, 2002 Facts:           Valentina Unto Flores, who owned, among others, Lot 5734, covered by OCT 4918-A; and Lot 4163. After the death of Valentina, her three children, namely: Jose, Venancio, and Silveria, took possession of Lot 5734 with each occupying a one-third portion. Upon their death, their children and grandchildren took possession of their respective shares. The other parcel, Lot 4163 which is solely registered under the name of Silveria, was sub-divided between Silveria and Jose. Two rows of coconut trees planted in the middle of this lot serves as boundary line. The grandchildren of Jose and now owners of one-half of Lot 4163, entered into a contract with plaintiff Alejandra Delfino, for the sale of one-half share of Lot 4163 after offering the same to their co-owner, Silveria, who declined for lack ...

EPIFANIA DELA CRUZ, substituted by LAUREANA V. ALBERTO vs. SPS. EDUARDO C. SISON and EUFEMIA S. SISON G.R. No. 163770             February 17, 2005 Facts:                 Epifania claimed that sometime in 1992, she discovered that her rice land in Salomague Sur, Bugallon, Pangasinan, has been transferred and registered in the name of her nephew, Eduardo C. Sison, without her knowledge and consent, purportedly on the strength of a Deed of Sale she executed on November 24, 1989. Epifania thus filed a complaint before the Regional Trial Court of Lingayen, Pangasinan, to declare the deed of sale null and void. She alleged that Eduardo tricked her into signing the Deed of Sale, by inserting the deed among the documents she signed pertaining to the transfer of her residential land, house and camarin, in favor of Demetrio, her foster child and the brother of Ed...

CONRADO CARMELO vs. THE PEOPLE OF THE PHILIPPINES and THE COURT OF FIRST INSTANCE OF RIZAL G.R. No. L-3580             March 22, 1950 Facts:           Petitioner Conrado Melo was charged in the Court of First Instance of Rizal, on December 27, 1949, with frustrated homicide, for having allegedly inflicted upon Benjamin Obillo, with a kitchen knife and with intent to kill, several serious wounds on different parts of the body, requiring medical attendance for a period of more than 30 days, and incapacitating him from performing his habitual labor for the same period of time. On December 29, 1949, at eight o'clock in the morning, the accused pleaded not guilty to the offense charged, and at 10:15 in the evening of the same day Benjamin Obillo died from his wounds. Evidence of death was available to the prosecution only on January 3, 1950, and on the following day, January 4, 1950, an a...

PEOPLE OF THE PHILIPPINES vs. LUIS TAMPAL, DOMINGO PADUMON, ARSENIO PADUMON, SAMUEL PADUMON, and HON. WILFREDO C. OCHOTORENA G.R. No. 102485   May 22, 1995 Facts:           LUIS TAMPAL, DOMINGO PADUMON, ARSENIO PADUMON, SAMUEL PADUMON, PABLITO SUCO, DARIO SUCO and GALVINO CADLING were charged  with the crime of "Robbery with Homicide and Multiple Physical Serious Injuries."  Only private respondents Luis Tampal, Samuel Padumon, Arsenio Padumon and Domingo Padumon, were arrested. The others remained at large. Upon arraignment, the private respondents pleaded not guilty to the offense charged.  The case was set for hearing. On said date, however, Assistant Provincial Prosecutor Wilfredo Guantero mover for postponement on the ground that he failed to contact his material witnesses. The case was reset without any objection from the defense counsel.  The case was called on but the prosecutor was not present. The respo...