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Thursday, October 30, 2014

NEA vs BUENAVENTURA DIGEST

NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) v. HONORABLE FELICIANO V. BUENAVENTURA et al. 
545 SCRA 277 (2008), SECOND DIVISION (Carpio Morales, J.) 

It is the NLRC, not the RTC, which has jurisdiction to enjoin the execution of the decision of the Labor Arbiter. 

FACTS: Because of serious institutional problems brought about by failure to pay maturing bills, National Electrification Administration (NEA) extended loans to Nueva Ecija III Electric Cooperative, Inc. (NEECO III). Consequently, the latter mortgaged its entire electric system or entire property to NEA. When NEECO III failed to pay its amortizations, NEA took over the properties and assets of the dissolved NEECO III. 

Meanwhile, former employees of NEECO III subsequently filed complaints against NEECO III for illegal dismissal, reinstatement, non-payment of salaries/backwages, 13th month pay, differentials, and bonuses. The Labor Arbiter ruled in favor of the dismissed employees and ordered NEECO III to immediately reinstate them with full payment of backwages and other damages. They subsequently filed before the NLRC an Ex Parte Motion for Alias Writ of Execution to collect the amount representing the award. NEECO III failed to comply with the order. The Regional Trial Court thereafter issued an order for the Sheriff to auction movable or immovable properties of NEECO until the award is satisfied.

Wednesday, October 29, 2014

ROGER MANZANO v. LUZ DESPABILADERAS DIGEST

ROGER MANZANO v. LUZ DESPABILADERAS 
447 SCRA 123 (2004), THIRD DIVISION (Carpio Morales, J.) 

At any time after issues have been joined, a party may serve upon any other party a written request for the admission by the latter of the genuineness of relevant documents. 

FACTS: Petitioner Roger Manzano (Manzano) filed an action for the enforcement of money debt with damages before the Regional Trial Court (RTC) of Iriga against Respondent Luz Despabiladeras 

(Despabiladeras) who received construction materials from the former on credit. During pre-trial, the parties agreed that Manzano shall submit an ―offer to stipulate‖ showing an itemized list of materials delivered to Despabiladeras together with the cost claimed by Manzano within 15 days. Despabiladeras shall state her objections if any or comment therein within the same period of time.

Tuesday, October 28, 2014

ISABEL P. PORTUGAL and JOSE DOUGLAS PORTUGAL JR. v. LEONILA PORTUGAL-BELTRAN DIGEST

ISABEL P. PORTUGAL and JOSE DOUGLAS PORTUGAL JR. v. LEONILA PORTUGAL-BELTRAN 
467 SCRA 184 (2005), THIRD DIVISION (Carpio Morales, J.) 

A probate or intestate court, no doubt, has jurisdiction to declare who are the heirs of a deceased. 

FACTS: Jose Portugal married Paz Lazo. Subsequently Portugal married petitioner Isabel de la Puerta and she gave birth to Jose Douglas Portugal Jr., her co-petitioner. Meanwhile, Lazo gave birth to respondent Leonila Perpetua Aleli Portugal. 

Portugal and his 4 siblings executed a Deed of Extrajudicial Partition and Waiver of Rights over the estate of their father, Mariano Portugal, who died intestate. In the deed, Portugal‘s siblings waived their rights, interests, and participation over a parcel of land in his favor. 

Lazo died. Portugal also died intestate. Having such situation, Portugal-Beltran executed an ―Affidavit of Adjudication by Sole Heir of Estate of Deceased Person‖ adjudicating to herself the parcel of land. The Registry of Deeds then issued the title in her name.

Monday, October 27, 2014

REPUBLIC vs CA DIGEST

REPUBLIC OF THE PHILIPPINES v. COURT OF APPEALS, et al. 
458 SCRA 200 (2005), THIRD DIVISION (Carpio Morales, J.) 

A special proceedings is a remedy which seeks to estalish a status, a right or a particular fact. 

FACTS: Apolinaria Malinao filed a petition before the Ormoc Regional Trial Court for the Declaration of Presumptive Death of her Absentee Spouse Clemente P. Jomoc which was granted by Order of September 29, 1999.The Republic through the Office of the Solicitor General filed a Notice of Appeal. 

The trial court disapproved the Notice of Appeal as the present case is a special proceeding which requires that a record of appeal be filed and served pursuant to Section 2 (a) Rule 41 of the 1997 Rules of Civil Procedure. The Republic filed a Petition for Certiorari before the Court of Appeals as its Motion for Reconsideration before the trial court was denied. The Republic contends that the declaration of presumptive death of a person under Article 41 of the Family Code is not a special proceeding.

Sunday, October 26, 2014

PEOPLE vs SUNGA DIGEST

PEOPLE OF THE PHILIPPINES v. REY SUNGA, et al. 
399 SCRA 480 (2003), EN BANC (Carpio Morales, J.) 

The testimony of a self-confessed accomplice or co-conspirator imputing the blame to or implicating his co-accused cannot, by itself and without corroboration, be regarded as proof to a moral certainty that the latter committed or participated in the commission of the crime. 

FACTS: Upon the discovery of the mutilated body of a high-school girl at a coffee plantation, an Information was filed before the Regional Trial Court (RTC) for Rape with Homicide against several suspects including Rey Sunga, Ramil Lansang, Inocencio Pascua, Jr., and Lito Octac as principals, and Locil Cui alias Ginalyn Cuyos as accomplice. 

Rey Sunga et al. filed with the RTC a petition for bail underscoring the weakness of the prosecution‘s evidence, there being no direct evidence against them. In the same proceeding, a motion was granted to discharge Locil to become a state witness while deferring the resolution of the bail petition.

Saturday, October 25, 2014

MATUTINA v. PNB DIGEST

EDWIN SALUSIANO MATUTINA v. PHILIPPINE NATIONAL BANK 
483 SCRA 184 (2006), THIRD DIVISION (Carpio Morales, J.) 

A writ of preliminary injunction must be issued only upon showing that the petitioner has a right which may be violated.

FACTS: Edna Linda Matutina-Cortes (Edna) obtained from the Philippine National Bank (PNB) a loan in the amount of One Million (P1,000,000) Pesos. To secure payment, she mortgaged her parcel of land covered by Transfer Certificate of Title (TCT) No. 28714. Edna defaulted in the payment of her obligation, prompting the PNB to subject mortgaged property to public auction through an extra-judicial foreclosure. 

Three days before the scheduled public auction sale, Edna‘s brother, herein petitioner Edwin Salusiano Matutina (Edwin), filed a complaint for annulment of mortgage with prayer for the issuance of temporary restraining order (TRO) and preliminary injunction. Edwin alleged in his complaint that the mortgaged property was owned by his now deceased father but that Edna, to his and their other siblings‘ exclusion, had it titled in her name.