Nuffnang

Case Digest - Remedial Law, deposition, evidence

Alvarez vs. Ramirez

GRN 143439

Sandoval – Gutierrez, J.;

FACTS:

Petition for review on certiorari assailing the decision of the CA for allowing the testimony of petitioner’s wife in a criminal proceeding where petitioner was accused for ransom. Private prosecutor in the said criminal case called the petitioner’s wife without objection from petitioner’s counsel. Wife testified that it was her estranged husband who poured and set the house of her sister on fire. A motion to disqualify the testimony of his wife was filed pursuant to rules on martial disqualification.

ISSUE:

Whether or not the wife can testify against her husband in a criminal case.

RULING:

The reason for the rule on martial disqualification are:

1. There is identity of interests between husband and wife;

2. If one were to testify for or against the other, there is consequent danger of perjury;

3. The policy of the law is to guard the security and confidence of private life, even at the risk of an occasional failure of justice and to prevent domestic disunion and unhappiness;

4. Where there is want of domestic tranquility there is danger of punishing one spouse through the hostile testimony of the other.

The offense of arson attributed to the husband impairs the conjugal relation between him and his wife. His act eradicates all the major aspects of marital life such as trust, confidence, respect and love by which virtues the conjugal relationship survives and flourishes… the evidence and facts presented reveal that the preservation of the marriage between petitioner and his wife is no longer an interest the State aims to protect.

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Dasmariñas Garments vs. Reyes/American Pres. Lines

GRN 108229 August 24, 1993

Narvasa, J.;

FACTS:

APL sued Dasmariñas Garments for sum of money at the hearing. Instead of presenting its witness, APL filed a motion praying that it intended to take the depositions of some Taiwan nationals. The lower court granted the deposition which was in compliance with the rules on taking of testimony by deposition upon written interrogatories under ROC. CA affirmed.

ISSUE:

Whether or not a party could present its evidence by taking the deposition of its witness in a foreign jurisdiction before a private entity.

RULING:

Depositions are chiefly a mode of discovery. They are intended as a means to compel disclosure of facts resting in the knowledge of a party or other person which are relevant in some suit or proceeding in court. Depositions are principally made by law to the parties as a means of informing themselves of all the relevant facts; they are not therefore generally meant to be a substitute for the actual testimony in open court of a party witness. Leave of court is not necessary where the deposition is to be taken before a secretary or embassy or legation, consul gen. etc., and the defendants answer has already been served.

Depositions may be taken at any time after the institution of any action, whenever necessary or convenient. There is no rule that limits deposition. Taking only to the period of pre-trial or before it; no prohibition against the taking of deposition after pre-trial… the law authorizes the taking of depositions before or after an appeal is taken from the judgment of RTC “to perpetuate their testimony for use in event of further proceedings in court… or during the process of execution of a final and executor judgment.”

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Jonathan Landoil vs. Mangudadatu

GRN 155010 August 16, 2001

Panganiban, J.;

FACTS:

Respondents filed a complaint for damages against petitioner in the lower court. Trial proceeded without the participation of petitioner and declared it in default. Petitioner filed a motion for new trial but was denied. When the writ of execution was served, petitioner alleged that it is yet to receive the order of denial for the motion for new trial. A petition for prohibition was filed with CA and respondents submitted its opposition and attached to their pleading is a certification that the order denying the motion for new trial was no longer available for a deposition since trial, had already been terminated. It also opined that the alleged error committed by the trial court of disregarding the oral depositions, was certiorari or prohibition.

ISSUE:

Whether or not the taking of oral deposition was proper under the circumstances.

RULING:

(A motion for new trial may be filed on the grounds of 1) fraud, accident, mistake or excusable negligence that could not have been guarded against ordinary prudence, and by reason of which the aggrieved party’s rights have probably been impaired; 2) newly discovered evidence, that, with reasonable diligence,. The aggrieved party could not have discovered and produced at the trial; 3) and that if presented, would probably alter the result.)

A deposition may be taken with leave of court after jurisdiction has been obtained over any defendant or over property that is the subject of the action; or without such leave after an answer has been served. In keeping with the principle of promoting the just, speedy and inexpensive disposition of every action and proceeding, depositions are allowed as a departure from the accepted and usual judicial proceedings of examining witness in open court where demeanor could be observed by the trial judge.

As a rule, depositions should be allowed absent any showing that taking them would prejudice any party.

Case Digest - Civil Law, Torts

TORTS

Sarkies Tours vs. CA, Fortades et al.

GRN 108897 October 2, 1997

Romero, J.;

FACTS:

Private respondent Fortades boarded Sarkies Bus No. 5 with 3 luggages containing important things including documents. All were kept in the baggage compartment of the bus but during stopover, only one bag was recovered by Fortades and a case to recover the value of the other bags as well as moral and exemplary damages for litigation. Lower court decided favorably to Fortades but CA eliminated moral exemplary damages.

ISSUE:

Whether or not private respondent was entitled to moral and exemplary damages.

RULING:

The court agrees with the CA in awarding 30,000 for the lost items and 30,000 for the deletion of award of moral and exemplary damages which, in view of the foregoing proven facts, with negligence and bad faith, on the fault of petitioner having been established, should be granted to respondents.

TORTS

Sarkies Tours vs. IAC

Melencio-Herrera, J.;

FACTS:

Petitioner Sarkies advertised for a Corregidor tour for Independence Day, Dizon and 4 children availed of the promo and were issued receipt under the Sarkies letterhead. Part of the trip was a boat-ride going to Corregidor. Mendoza, owner of a motorized was not authorized to operate a watercraft. The boat capsized and one of the children of Dizons died. Dizons filed a complaint against Sarkies and Mendoza. The lower court exonerated Sarkies from liability and attributed sole responsibility to Mendoza. CA reversed the decision and held both Sarkies and Mendoza liable, for the reason that the relationship between Sarkies and the excursionists was “a single operation which in effect guaranteed them safe passage all throughout. Exemplary damages was awarded.

ISSUE:

Whether or not exemplary damages was awarded in accordance with law.

RULING:

The award of exemplary damages should be elimiminated. In Munsayac vs. De Lara 23 SCRA 1086 (1968) it was said:

“it is not enough to say that an example should be made, or corrective measures be employed, for the public especially in accident cases where public carriers are involved. The causative negligence in such cases is personal to the employees actually in charged of the vehicles, and it is they who should be made to pay this kind of damages by way of example or correction, unless by the demonstrative tolerance or approval of the owners, they themselves can be held at fault and their fault is in the character described in 2232 CC.”

In the present case, there is no showing that Sarkies acted “in a negligent... or malevolent manner.”

Case Digest - Taxation Law

International Exchange Bank vs. CIR
GRN 171266/520 SCRA 688 April 4, 2007
Carpio-Morales; J.;
FACTS:
An examination of book of accounts of the bank resulted to an assessment of tax liabilities of the latter amounting to P465,158,118.31 for 1996 and P17,033,311,974.23 for 1997. Details of PAN included: Savings-Deposit-ESO amounting to P9,845,800.27 should be treated as time deposits considering that its features are very much the same as time deposits... subject to DST. CTA ordered payment of DST on SA-FSD.

ISSUE:
Whether or not SA-FSD evidenced by a passbook is subject to DST?

RULING:
As correctly found by CTA, En Bans, a passbook representing an interest earning deposit account issued by a bank qualifies as a certificate of deposit earning interest.
In this case, a depositor of savings deposit FSD is required to keep the money with the bank for at least 30 days in order to yield a higher interest pertaining only to a regular savings deposit… the only difference lies on the evidence of deposits a SA-FSD is evidence by a passbook, while a time deposit is evidence by a certificate of time deposit.

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Marcos II vs. CA/CIR
GRN 120880 June 5, 1997
Torres, J.:

FACTS:
After the death of former President Marcos, Special audit team disclosed that Marcoses failed to file a written notice of the death of the decedent, an estate tax returns as well as several income tax returns covering the years 1982 to 1986. BIR issued deficiency estate tax assessment among others and were personally and constructively served to the last known address of Marcoses. No administrative protest were served by Imelda or the heir of the late President, thus notices of levy on real property were issued. Having no response, properties were awarded in favor of the government. Marcos II questioned the levy assailing that said properties were under probate hearing thus, should not be summarily levied by BIR.

ISSUE:
Whether or not the BIR has authority to collect by the summary remedy of levying upon, and sale of real properties of the decedent, estate tax deficiencies, without the cognition and authority of the court sitting in probate over the supposed will of the deceased.

RULING:
The approval of the curt, sitting in probate, or as a settlement tribunal over the deceased is not a mandatory requirement in the collection of estate taxes… there is nothing in the tax code, and in the pertinent remedial laws that implies the necessity of the probate or estate settlement court’s approval of the state’s claim for the estate taxes, before the same can be enforced and collected. If there is any issue as to the validity of the BIR’s decision to assess the estate taxes, this should have been pursued through the proper administrative and judicial avenues provided for by law.

Even an assessment based on the estimate is prima facie valid and lawful where it does not appear to have been arrived at arbitrarily or capriciously. The burden of proof is upon the complaining party to show clearly that the assessment is erroneous.

NB: The nature of the process of estate tax collection
…the inheritance tax does not directly involve the administration of the decedent’s estate although it may be viewed as an incident to the complete settlement of an estate, and under some statutes, it is made the duty of the probate court to make the amount of the inheritance tax a part of the final decree of distribution of the estate. It is not against the property of decedent, nor it is a claim against the estate as much, but it is against the interest or property right which the heir… has in the property formerly held by decedent… it is a proceeding in rem.

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CIR vs. Solid Bank
GRN 148191 November 25, 2003
Panganiban, J.;

FACTS:
Solid Bank declared gross receipts included the amount from passive income which was already subjected to 20% final withholding tax (FWT). CTA affirmed that the 20% FWT should not form part of its taxable gross receipts for purpose of computing the gross receipts tax on such basis, Bank filed a request for refund. CTA ordered the refund while CA held that indeed, the 20% FWT on a bank’s interest income does not form part of the taxable gross receipts in computing the 5% GRT because the FWT was not actually received by the bank, but was directly remitted to the government.

ISSUE:
Whether or not the 20% FWT on a bank’s interest income forms part of the taxable gross receipts in computing the 5% gross receipts tax.

RULING:
In China Banking vs. CA, this Court ruled that the amount interest income withheld in payment of 20% FWT forms part of the gross receipts in computing for the GRT on banks.
A percentage tax is a national tax measured by a certain percentage of the gross selling price or gross value in money of goods sold, bartered or imported; or of the gross receipts or earnings derived by any person engaged in the sale of services. It is not subject to withholding.
An income tax is national tax imposed on the net or the gross income realized in a taxable year.

It is subject to withholding.
In a withholding tax system, the payee is the taxpayer, the person on whom tax is reposed, the payer, a separate entity, acts as no more than an agent of the government for the collection of taxes… Possession is acquired by the payer as the withholding agent of the government because the taxpayer ratifies the very act of possession for the government. There is constructive receipt, of such income and is included as part of the tax base.


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China Bank vs CA
GRN 125508 July 19, 2000
Vitug, J.:

FACTS:
Petitioner CBC made a 53% equity investment in the First CBC, a Hongkong subsidiary engaged in financing and investment with “deposit-taking” function. First, CBC became insolvent and with approval from Bangko Sentral, petitioner wrote-off as being worthless its investment in First CBC, and its 1987 Income Tax Return, it treated as bad credit or an ordinary loss deductible from its gross income. CIR disallowed the deduction on the ground that although 1st CBC ceased to be a deposit-taking company, still it can exercise its financing and investment activities. Assuming that it become “worthless”, it should have been a capital loss, and not as a bad debt expense, there being no indebtedness to speak of between petitioner and its subsidiary.

ISSUE:
Whether or not “securities becoming worthless” be allowed as deduction from gross income of CBC.

RULING:
An equity investment is a capital, not ordinary asset of the investor, the sale or exchange in which results in either a capital gain or capital loss. The gain or loss is ordinary when the property sold or exchanged is not a capital asset. Sec 29 of NIRC on securities becoming worthless during the tax year are capital assets, the loss resulted therefrom shall be considered as a loss from the sale or exchange, on the last day of such taxable year, of capital assets.

A capital gain or a capital loss normally requires the concurrence of two conditions for it to result: 1) there is a sale or exchange; 2) the thing sold or exchanged is a capital asset. Capital losses are allowed to be deducted only to the extent of capital gains, e.i. gains derived from the sale or exchange of capital assets, and not from any other income of the taxpayer… any capital loss can be deducted only from capital gains.

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AFISCO Insurance et al vs. CA/CTA/CIR
GRN 112675 January 25, 1999
Panganiban, J.:

FACTS:
The 41 non-life insurance corporation entered into a Qouta Share Reinsurance Treaty with Munich, non-resident corporation. The reinsurance treaty required petitioners to form a pool. CA ruled that the pool of machinery was a partnership taxable as a corporation, and that the latter’s collection of premiums on behalf of its members was taxable income.

ISSUE:
Whether or not the “insurance” pool be taxable as an incorporation and its remittances be taxable as dividends.

RULING:
The Philippine legislative included in the concept of corporation those entities that resembled them such as unregistered partnerships and associations. Section 24 covered unregistered partnerships and even associations and joint accounts, which had no legal personalities apart from their individual members.
The term “partnership” includes a syndicate group, pool, joint venture or other unincorporated organization, through or by means of which any business financial operation or venture is carried on.
The pool is taxable entity distinct from the individual corporate entities of the insurance companies. The tax on income is different from the tax on dividends received by said companies, thus no double taxation.

Our Father - Church Song

In light of the present disasters that our neighbor Indonesia is going through, I am prompted to write my entry for tonight. Looking at the images of what has happened in Indonesia lately, I can't help but recall he same disasters that struck our country almost 2 decades ago. There was an earthquake then the eruption of Mt. Pinatubo. It was really devastating!

My heart and prayers go to our neighboring country, Indonesia. Somehow, I can't explain how sad it must be to lose someone, or even something, including your home, a place we thought we are safe. But with the forces of nature, only God can give the assurance that we are safe.

My prayer and my song, the Our Father.

Our Father, who art in heaven
hollowed be thy name, thy kingdom come.
Thy will be done on earth, as it is in heaven
Give us this day, our daily bread
And forgive us our sins
As we forgive those who had sinned against us
Do not bring us to the test but deliver us from evil
Amen.

Case Digest - Remedial Law, Amendments

Valenzuela vs. CA

GRN 131175 August 28, 2001

Buena, J.;

FACTS:

Private respondent de Guia spouses filed a complaint for specific performance against herein petitioner for the latter to execute a deed of sale in favor of the former. Valenzuela had sold the property to Quiason spouses thus, de Guia amended the complaint impleading the Quiason as defendant including other parties who may have acquired rights or interest in said property. RTC denied for its inclusion thus this petition for Certiorari.

ISSUE:

Whether or not an amendment be allowed in as much as it radically and substantially change the cause of action and theory of the case.

RULING:

Under Section 3, Rule 10 is not under the new rule that “the amendment may (now) substantially alter the cause of action or defense.” This should only be true when despite a substantial change or alteration in the cause of action or defense, the amendments sought to be made shall serve the higher interests of substantial justice, and prevent delay and equally promote the landable objectives of the rules which is to secure a just, speedy and inexpensive disposition of every action and proceeding.

Case Digest - Remedial Law, Res Judicata

Vda de Caruzo vs. Carriaga Jr.

GRN 75109-10 June 28, 1989

Regalado, J.;

FACTS:

Petitioners are children of Gabina Machoca. The latter had her land mortgaged to Ang for 425 pesos. An additional sum of P175 was again barrowed, total amount borrowed was P600. Gabina noticed that the instrument was a contract of sale and demanded a reformation from Ang. The latter prepared a deed of agreement stipulating among others that Ang obligates himself to resell the property to the vendor within 3 years for the same amount. Before that 3 years, Ang transferred the lot title to his name. Petitioners remained in possession of the lot until 1977 (since 1954). Respondents filed an unlawful detainer case and received a favorable order. During the pendency of the case, petitioners Special Civil Case for removal of cloud on the title. The complaint was dismissed on the ground of res judicata.

ISSUE:

Whether or not res judicata is present in the case.

RULING:

The doctrine of res judicata lays down two main rules: (1) the judgment or decree of a court of competent jurisdiction on the merits concludes the parties and their privies to the litigation and constitutes a bar to a new action or suit involving the same cause of action either before the same or any other tribemal or, (BAR BY FORMER JUDGMENT. (2) any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment or decree is rendered on the merit is conclusively settled by the judgment therein and cannot be again litigated between the parties and their privies whether or not the claim, or demand, purpose or subject matter of the two suits are the same. (CONCLUSIVENESS OF JUDGMENT)

The following requisites must concur for R.J. a) the former judgment or order must be final b) it must be a judgment or order on the merits, that is, it was rendered after a consideration of the evidence or stipulations submitted by the parties at the trial of the case; c) it must have been rendered by a court having jurisdiction over the subject matter and the parties; d) there must be, between the first and second actions, identity of parties, of subject matter and cause of action.

The dismissed or removal of cloud had become final for failure of petitioners to appeal. While the dismissed was for failure to prosecute, it had the effect of the adjudication on the merits since the court did not direct that the dismissed was without prejudice.

Case Digest - Remedial Law, Parol Evidence

Lechugas vs. CA

GRN L-39972 & L-40300

August 6, 1986

FACTS:

Petitioner filed an unlawful entry case against private respondent “the Loza’s”. Another case was filed for recovery and possession of the same property and both cases was tried jointly. Petitioner testified that she bought the land from Lasangue in 1950. Private respondent contended that the same land in question was bought by their father from the father of petitioner in 1941. Plaintiff’s vendor testified for the defendant stating that she sold the south part of the land which is lot 5522 not lot 5456 which plaintiff claims.

IISUE:

Whether or not the court of appeals erred in considering, parol evidence over the objection of petitioner.

RULING:

The appellate court acted correctly in upholding the trial court’s action in admitting the testimony of Leoncia. Petitioner alleges that lot 5522 was sold to her by Leonora, not Leoncia, who was never presented as witness in any proceeding in the lower court… the parol evidence rule does not apply and may not properly be involved by either party to litigation against the other, where at least one of the parties to the suit is not a party or a privy of a party to a written instrument in the question and does not base a claim on the instrument or assert a right originating in the instrument or the relation established thereby.

The rule is not applicable where the controversy is between one of the parties to the document and third persons. Through the testimony of Leoncia, it was shown that what she really intended to sell is lot 5522 but not being able to read and write and fully relying on the good faith of her cousin, petitioner, she just placed her thumb mark on a piece of paper.

Case Digest - Political Law

Nollen vs. COMELEC/Caballes

GRN 187635

January 11, 2010

Velasco, J.;

FACTS:

Petitioners Nollen and private respondents Caballes were candidates for Punong barangay in the October 2007 barangay elections. Nollen was declared punong barangay-elect. Caballes protested and MTC declared Caballes the punong barangay elect for having 5 votes more than Nollen. The latter filed an appeal to MTC and paid P1,000 and records were elevated to COMELEC where its first decision dismissed the case for failure to pay 3,000 prescribed by COMELEC’s rules on procedure. MR also denied.

ISSUE:

Whether or not COMELEC erred in dismissing the appeal for failure of paying appeal fee.

RULING:

The payment of the appeal fee within 5 days technically perfects the appeal from the trial court’s decision. Such appeal is not dismissible as a matter of course on account alone of the inadequate payment or non payment of the 3,200 filing fee. The legal situation changes if the appellant fails to pay the amount within 15 days from receipt of notice from COMELEC. Nollen’s appeal may validly be viewed as not fatally belated. COMELEC resolution 8654 is applicable to his appeal, as the appeal was on June 5, 2008 or prior to July 24, 2008 when the more stringent Resolution 8486 took effect.

Case Digest - Election Law

Martinez III vs. HRET/Salimbangon

GEN 189034

January 11, 2010

Villarama; J.;

FACTS:

This is a petition for certiorari under Rule 65. Petitioner filed an election protest to HRET against private respondent, the latter being declared as the representative – elect of Cebu after the May 2007 elections. One Edelito C. Martinez, who had the same last name as that of petitioner was declared nuisance candidate long after the May 2007 elections was over. His name, therefore was not removed from the ballots and that ballots bearing the name “C. Martinez” or “Martinez” considered stray by BEI. The HRET refused to credit the 5,401 voters to petitioner on the ground that there was no way of determining the real intention of the voter.

ISSUE:

Whether nor not ballots containing similar surname of two candidates be considered as stray votes or counted in favor of the bona fide candidate.

RULING:

The purpose of an election protest is to ascertain whether the candidate proclaimed by the board of canvassers is the lawful choice of the people. What is sought is the correction of the canvass of votes, which was the basis of proclamation of the winning candidate.

In controversies pertaining to nuisance candidates as in the case at bar, the law contemplates the likelihood of confusion which the similarity of surnames of 2 candidates may generate. A nuisance candidate is defined as one, who based on the attendant circumstance, has no bona fide intention to run for office for which the COC has been filed, his sole purpose being the reduction of votes of a strong candidate, upon the expectation that ballots with only the surname of such candidate will be considered stray and not counted for either of them.

We therefore hold that ballots indicating only the similar surname of 2 candidates for the same position may, in appropriate cases, be counted in favor of the bona fide candidate and not considered stray even if the other candidate was declared a nuisance candidate by final judgment after elections… petitioner thus garnered more votes than respondent…

Case Digest - Remedial Law, Crim Pro

Marbella – Bobis vs. Bobis

GRN 138509 July 31, 2000

336 SCRA 747

Ynares –Santiago, J.:

FACTS:

Respondent contracted his second marriage to petitioners notwithstanding the subsistence of a previous marriage. A third marriage was allegedly contracted by respondent thus petitioner filed for a bigamy case. Thereafter, respondent filed an action for the absolute nullity of his first marriage on the ground that it was celebrated without a marriage license.

ISSUE:

Whether or not the subsequent filing of a civil action for declaration of nullity of a previous marriage constitutes prejudicial question.

RULING:

A prejudicial question is one which arises in a case the resolution of which is a logical antecedent of the issue involved therein. It is a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused. It must appear not only that the civil case involves facts upon which the criminal action is based, but also that the resolution of the issues raised in the civil action would necessarily be determinative of the criminal case.

In this case, any decision in the civil action for nullity would not erase the fact that respondent entered into a second marriage during the subsistence of a first marriage. Thus, a decision in the civil case is not essential to the determination of the criminal charge.

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Beltran vs. PP/Judge Juazon

GRN 137567 334 SCRA 106

Buena, J.:

FACTS:

Petitioner filed a petition for nullity of marriage against her wife for 24 years. Wife answered that it was petitioner who left the family house and lived with a paramour. A concubinage case was filed by wife and petitioner argued that the pendency of a case for declaration of nullity of marriage posed a prejudicial question.

ISSUE:

Whether or not pendency of the case for nullity of marriage a prejudicial question to the concubinage case.

RULING:

The rationale behind the principle of prejudicial question is to avoid two conflicting decisions. It has two essential elements: 1) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and 2) the resolution of such issue determines whether or not the criminal action may proceed.

In the criminal case of concubinage, the accused need not present a final judgment declaring his marriage void for he can adduce evidence in the criminal case of the nullity of his marriage other than proof of a final judgment declaring his marriage void.

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Prado vs. PP/Judge Sison

GRN – L – 17652 December 26, 1984

133 SCRA 602

Melencio-Herrera, J.;

FACTS:

On August 5, 1971, Petitioner was charged with the crime of bigamy, where she contracted a second marriage in Vietnam. Petitioner moved to dismiss on jurisdiction grounds but was denied. Petition for certiorari and prohibition were with S.C. but the same was dismissed for being premature. In 1973, petitioner filed for annulment of her second marriage reasoning that her consent thereto was obtained through force.

ISSUE:

Whether or not a pending suit for annulment of marriage constitutes prejudicial question in a bigamy case.

RULING:

For a civil action to be considered prejudicial, the following requisites must be present: 1) the civil case involved facts intimately related to those upon which the criminal prosecution would be based; 2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; 3) jurisdiction to try said question musty be lodged in another tribunal.

But the mere filing of an annulment case does not give rise to a prejudicial questions.

Case Digest - Civil Law, Property

Republic of the Philippines vs. CA/Morato

GRN 100709 November 14,1997

Panganiban, J.;

FACTS:

In December 1972, respondent Morato filed a free patent application on a parcel of land which was granted but with the condition that the land shall not be alienated or encumbered within five years from the date of issuance of the patent. Respondent mortgaged a portion of property in 1974 and another portion was based to another party whereby a house and warehouse were respectively constructed. RTC and CA found that there was alienation because the land was merely based adding that the improvement and not the land itself.

ISSUE:

Whether or not the base and/or mortgage of a portion of realty acquired through free patent constitute sufficient ground for the nullification of such land grant.

RULING:

Public Land Act, Sec 118 states:

“Except in favor of Government or any of its branches… lands, acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application for a term of five years from and after the date of issuance of the patent or grant nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period.”

Encumbrance has been defined as “anything that impairs the use or transfer of property; anything which constitutes a burden on the title; a burden or charge upon property; a claim or lien upon property.”

Respondent Morato, although the land mortgaged/leased does not significantly affect his possession and ownership, cannot fully use or enjoy the land during the duration of lease contract. The prohibition against any alienation or encumbrance of the land grant is a proviso attached to the approval of every application. Prior to the fulfillment of the requirements of law, Morato had only an inchoate right to the property; such property remained a public domain and therefore not susceptible to alienation or encumbrance.

Reach for the Sky - Sarah Geronimo

Music sometimes makes us cry, smile or even groove. For me, the real essence of music is to give strength and inspiration to many people. Music also is to give strength and to listen to. I know we have our own personality, interests, goals, likes and dislike in life but I do believe that when it comes to music, we Filipinos unite for the reason that most of us really love music because we can related and reflect with it, in relations to our life experiences.

Since I was seven or eight years old, aside from dancing, I also loved singing. Until now, I still sing because I can express my feelings and emotions through singing. y favorite song is reach for the Sky sang by our very own popular song Princess, Ms. Sarah Asher Tua Geronimo. I love that song because of the lyrics and its meaning that touches my heart.

This song is all about a person who has a dream in life that he wants to fulfill. the case is he encountered troubles in life like many people pulling him down. Even though that happens, that person never stopped trusting himself and capabilities to succeed in life. No matter what people say or do, he does not give and keep on moving and aiming high through his faith, positivity, courage, passions and beliefs that he will help him to make all things possible.

reach for the sky is one of my favorite songs, for the reason that I can relate to it. I have goals in life that I want to achieve such as: becoming a successful media practitioner and to be happy. However, there are hindrances that I'm encountering.

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The lyrics (From Metrolyrics.com):
I have a dream
Something that I wanted to achieve
In my lifetime
And I want to show
The best of me, I know I'll make it through
If I believe that

Refrain
I can make it happen
No matter what they say
Nobody can stand in my way

Chorus
Reach for the sky
Dream and aim high
I won't anybody turn my spirit down
Whatever it takes
I'll stand on my faith
I'll never stop until I reach the sky
I know my dreams will happen, I can fly

I'll reach for the sky

I will not give up
Even if I fall I won't give in
To my troubles
I will stand tall
My feet firmly standin' on the road
I believe that

Refrain
I can make it happen

[ From: http://www.metrolyrics.com/reach-for-the-sky-lyrics-sarah-geronimo.html ]

No matter what they say
Nobody can stand in my way

Chorus
Reach for the sky
Dream and aim high
I won't anybody turn my spirit down
Whatever it takes
I'll stand on my faith
I'll never stop until I reach the sky
I know my dreams will happen, I can fly

Reach for the sky
No matter what they say
No matter what they do
I'll hold on and make it through

Chorus
Reach for the sky
Dream and aim high
I won't anybody turn my spirit down
Whatever it takes
I'll stand on my faith
I'll never stop until I reach the sky
I know my dreams will happen, I can fly

Reach for the sky

Dance With my Father - Luther Vandross

Another blogger by the name of Angel wrote to me her favorite song for now and why does she like this song. Below is the story:

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It's really hard to lose someone special, someone you truly love. It causes so much pain, endless nights of crying and the feeling of emptiness within. It seems that your world stops rotating. It seems that you can't live our life anymore.

I felt all these things when my father died almost a year ago. That's the most painful moment that happened to me and to my family. I know that this kind of feeling will rally happen but I never expected it this soon. Until now, I keep on asking myself why did he leave us that soon. I even think that he might get tired taking care of us especially me because I am the most hard-headed child among my sibling. But then, I can't do anything other than to accept the fact that I can't see, hug and kiss him anymore.

Every time I hear this song, I remember not only that painful fact that my father is already gone but also the moments when he was still alive. Those happy memories with him are my treasures. They always give me strength to achieve my goals because all those goals are my promise to him.

There is just one wish I am always asking for - to be with him again even for only ten minutes. I just want to hug him for the last time and tell him the things I haven't told him.

He is gone now but surely he will always stay in my heart.
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Thanks Angel for sharing this song with us. Wherever your father may be, I am sure he wants to let you know that he loves you no matter what.
(SongDiary)

Here is the lyrics.

Dance with my Father - Luther Vandross
(ourweddingsongs.com)
Verse 1:
Back when I was a child
Before life removed all the innocence
My father would lift me high
And dance with my mother and me and then
Spend me around till I fell asleep
Then up the stairs he would carry me
And I knew for sure I was loved

Chorus:
If I could get another chance
Another walk, another dance with him
I'd play a song that would never ever end
How I'd love love love to dance with my father again

Verse 2:
When I and my mother would disagree
To get my way I would run from her to him
He'd make me laugh just to comfort me(yeah, yeah)
Then finally make me do just what my momma said
Later that night, when I was asleep
He left a dollar under my sheet
Never dreamed that he would be gone from me

Chorus:
If I could steal
One final glance
One final step
One final dance with him
I'd play a song that would never ever end
Cause I'd love love love to dance with my father again

Verse 3:
Sometimes I'd listen outside her door
I'd hear how my mother cried for him
(2x) I'd pray for her even more than me

I know I'm praying for much too much
But could you send back the only man she loved
I know you don't do it usually
But dear Lord she' s dying to dance with my father again

Every night I fall asleep
And this is all I ever dream

The Climb - Miley Cyrus

Here is an entry from one of my few guest bloggers. I was informed that this is currently her favorite song and I took the liberty of sharing it with you, together with its lyrics at the end of this entry. I love this because for me, this song is relatively new, relatively modern and relatively timely.

Here is the story:

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I’ve always been a dreamer. Ever since I was a child, I always dreamed of becoming a successful person as I grow older; not only on my chosen career, but in every aspect of my life. But just like everybody else, problems are not new to me. I encounter a lot of difficult situations, outside and inside of our home.

But I’ve always been a positive person. The first time I got to hear the song “The Climb” by Miley Cyrus, my interest and attention was caught. I told my self that its lyric’s are truly inspiring not to mention its captivating melody. It is a very sensible song that stresses positivity and optimism. “The Climb” is truly appropriate to me, especially that almost one year from now, I’m about to graduate. I know that the path that I’m taking will not be easy specially outside the university but I also know that positive attitude will be a big factor for success and most specially strong faith to our Creator. In the song’s lyric’s, it stresses the problem of the singer/writer faces, but at the end of the day, she’s willing to give another try and endeavor to succeed. This motivates me to just continue proving to myself that I could do better and worthwhile no matter how cruel the world is sometimes.

Truly, positive thinking and strong faith is like a bright light. These help us see beyond present trials and face the future with courage and joy.

SONG Lyrics (from eLyrics)

I can almost see it
That dream I am dreaming
But there's a voice inside my head saying
"You'll never reach it"

Every step I'm taking
Every move I make feels
Lost with no direction
My faith is shaking

But I gotta keep trying
Gotta keep my head held high

There's always gonna be another mountain
I'm always gonna wanna make it move
Always gonna be a uphill battle
Sometimes I'm gonna have to lose

Ain't about how fast I get there
Ain't about what's waiting on the other side
It's the climb

The struggles I'm facing
The chances I'm taking
Sometimes might knock me down
But no, I'm not breaking

I may not know it
But these are the moments that
I'm gonna remember most, yeah
Just gotta keep going

And I, I got to be strong
Just keep pushing on

'Cause there's always gonna be another mountain
I'm always gonna wanna make it move
Always gonna be a uphill battle
Sometimes I'm gonna have to lose

Ain't about how fast I get there
Ain't about what's waiting on the other side
It's the climb, yeah!

There's always gonna be another mountain
I'm always gonna wanna make it move
Always gonna be an uphill battle
Somebody's gonna have to lose

Ain't about how fast I get there
Ain't about what's waiting on the other side
It's the climb, yeah!

Keep on moving, keep climbing
Keep the faith, baby
It's all about, it's all about the climb
Keep the faith, keep your faith, whoa

Case Digest - Civil Law, Land Titles

Republic of the Philippines vs. CA/Bayona/Sepe et al

GRN 101115 August 22, 2002

AustriaMartinez, J.:

FACTS:

A lot title was issued to Abundia Romero in 1944 and that the OCT issued to her was not signed but merely indicated (SGD) Raf. R. Alunan. Private respondents Sepe are the heirs of Abundia and Bayona was a purchaser of the lot. Government petitioner filed for the annulment and revision of the lot based on the discrepancies cited. RTC dismissed the complaint.

ISSUE:

Whether or not the reversal of the lot is proper in lieu of the discrepancies of the title held by Abundia and heirs.

RULING:

The Civil Code provides that in the absence of any intestate heirs, the State shall inherit the whole estate. While the signature of the Register of Deeds does not appear but only (SGD) such is not sufficient to invalidate all title considering that the same public depository issued a certificate affirming the existence of the original OCT in the name of Abundia.

Case Digest - Labor Law, Certification Election

Yokohama Tire vs. Yokohama EU

GRN 163532 March 10,2010

Carpio, J.:

FACTS:

Yokohama Employees Union is the labor organization of the rank-and file employees of petition. YEU was registered as legitimate labor union on 10 Sept 1999. Respondent filed before Regional Office a petition for certification election. Petitioner filed a petition for revocation of YEU’s registration when YEU fraudulently included the signature of Pineda in the organizational documents; Pineda was not aware of any election of union officers; YEU fraudulently obtained employees signature; etc.

ISSUE:

Whether or not YEU committed fraud or misrepresentation sufficing the revocation of its registration.

RULING:

CA found that YEU did not commit grave fraud or misrepresentation. The BLR correctly ruled that the evidence to prove the participation of YEU in the failure to delete Pineda’s signature from the organizational document was wanting. YTPI has the burden of proving the truthfulness of its accusations. As held previously, “the charge that a labor organization committed fraud and misrepresentation in securing its registration is a serious charge and deserves close scrutiny… charges of this nature should be clearly established by evidence and the surrounding circumstances.”

Case Digest - Labor Law

William Uy Construction vs. Trinidad

GRN 183250 March 10, 2010

Abad, J.;

FACTS:

Trinidad had been working as a driver which identified him as a project employee Company terminated him from work after it shut down operations because of lack of projects. He learned later that although it opened up a project in Batangas, it did not hire him. He filed a complaint for illegal dismissal and unpaid benefits. Labor Arbiter and NLRC dismissed the complaint while CA reversed the same.

ISSUE:

Whether or not petitioner company’s repeated rehiring of respondent over several years as project employee entitled him to the status of a regular employee.

RULING:

Generally, length of service provides a fair yardstick for determining when an employee initially hired on a temporary basis becomes a permanent one, entitled to security and benefits of regularization. But this standard will not be fair, if applied to the construction industry because it cannot guarantee work and funding for its payrolls beyond the life of each project.

Case Digest - Election Law, Local Government

Griño vs. COMELEC

G.R. No. 105120 September 2, 1992

FACTS:

Griño and his LDP political party filed a certiorari case against COMELEC in relation to the May 11, 1992 election. Griño is a candidate for Governor of Iloilo where the sub-province of Guimaras is located. LGC of 1991 took effect requiring the conversion of existing sub-provinces into regular provinces, and Guimaras is one such sub-provinces, upon approval by majority of votes cast in a plebiscite. The plebiscite favored the conversion of Guimaras into a regular province but petitioner questioned the COMELEC that ballots should have contained spaces to allow voting for Gov, Vice Gov and members of the Sanggunian of Iloilo.

ISSUE:

Whether or not there was a complete failure of election in Guimaras.

HELD:

The court held that COMELEC was under mistaken presumption that under the LGC of 1991, whether or not the conversion of Guimaras into a regular province is ratified by the people in plebiscite, the President will appoint provincial officials. However, the voters favored for the conversion of Guimaras into a regular province so there was need to undo what COMELEC has done in plebiscite. There ballots in Guimaras should have contained spaces for Gov and Vice Gov. etc. but SC has now considered the case moot and academic since majority voted in the affirmative for the conversion of Guimaras.