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Friday, October 24, 2014

PEOPLE vs CALAG DIGEST

PEOPLE OF THE PHILIPPINES v. EVELYN PATAYEK y CALAG, et al. 
399 SCRA 490 (2003), THIRD DIVISION (Carpio Morales, J.) 

Absent any proof of intent on the part of the police authorities to falsely impute such a serious crime against the accused, the presumption of regularity in the performance of their official duty stands. 

FACTS: Evelyn Patayek (Patayek) and Arlene Goya (Goya) were charged with the crime of violation of Section IV, Article II of R.A. 6425 as amended by R.A. 7659 for selling and delivering approximately three (3) kilos of suspected marijuana dried leaves with flowering tops wrapped with newspaper pages and light brown masking tape placed in a black travelling bag with yellow strap, a prohibited drug, well knowing that the sale and delivery of such drug is prohibited without authority of law to do so. 

Based on the testimonies of SPO1 Modesto Carrera (Carrera) who was designated as the poseur-buyer during an entrapment operation, the Regional Trial Court (RTC) found both of the accused guilty beyond reasonable doubt of the crime of illegal sale and delivery of three (3) kilos of marijuana as charged.

Thursday, October 23, 2014

AGULAN vs ESTEBAN DIGEST

JUANITO AGULAN JR. v. TERESITA S. ESTEBAN 
445 SCRA (2004), THIRD DIVISION (Carpio Morales, J.) 

The Clerk of Court, as the person directly responsible for all Court collections, is duty bound to have custody of official receipts or at least must have direct access to the place where the same are kept. 

FACTS: Petitioner Juanito Agulan Jr, filed a complaint of Grave Misconduct and Dishonesty against respondent Teresita Esteban in her capacity as Clerk of Court II of the 2nd Municipal Circuit Trial Court of Nueva Ecija. Esteban allegedly issued an invalid release order copy pursuant to a cash bond allegedly posted by a ceratin Jesus Agulan. 

Executive Judge Johnson L. Ballutay of the Cabantuan City Regional Trial Court recommended that Esteban be suspended from service for 3 months without pay. However, the Office of Court Administration (OCA) modified the penalty to a fine of P 1,000.00.

Wednesday, October 22, 2014

FIRST WOMEN’S CREDIT CORPORATION and SHIG KATAYAMA v. HON. ROMMEL O. BAYBAY DIGEST

FIRST WOMEN’S CREDIT CORPORATION and SHIG KATAYAMA v. HON. ROMMEL O. BAYBAY, et al. 
513 SCRA 637 (2007), SECOND DIVISION, (Carpio Morales, J.) 

The trial judge need not state with specificity or make a lengthy exposition of the factual and legal foundation relied upon by him to arrive at his decision. It suffices that upon his own personal evaluation of the evidence and the law involved in the case, he is convinced that there is no probable cause to indict the accused. 

FACTS: First Women‘s Credit Corp. (First Women), represented by stockholder and director Shig Katayama (Katayama), filed criminal charges against Ramon P. Jacinto (Jacinto), Jaime C. Colayco (Colayco), Antonio P. Tayao (Tayao) and Glicerio Perez (Perez) for falsification of private document and grave coercion. 

The criminal charges did not pursue when Jacinto, et al., filed a ―Motion to Withdraw Informations and to Dismiss the Cases.‖ The same was granted by Acting Presiding Judge Rommel Baybay of MeTC of Makati.

Tuesday, October 21, 2014

FRANCIA v. POWER MERGE CORPORATION DIGEST

AMOS P. FRANCIA, JR., et al. v. POWER MERGE CORPORATION 
476 SCRA 62 (2005), THIRD DIVISION (Carpio Morales, J.) 

Cause of action may be determined on the four corners of the complaint and the annexes attached to it may be considered parts thereof. 

FACTS: Amos P. Francia, Jr. and his sister Cecilia Zamora placed, on the suggestion of the bank manager, an investment at Westmont Investment Corporation (WINCORP). Every time his investment matures, Francia would instruct a roll over and he would be issued a receipt reflecting the amount of his placement, the net interest rate, and the duration of the placement. Soon, Francia and Cecilia attempted to withdraw their investments but they failed for the reason that WINCORP and Westmont Bank were facing financial difficulties. 

Despite several attempts to forge an out-of-court settlement between Francia and Cecilia and WINCORP and PMC, the same failed. Francia sent PMC a demand letter to pay within fifteen days the total amount of the maturity values of his placement. Receiving no response from PMC, Francia and Cecilia filed before the Regional Trial Court of Makati a Complaint for Sum of Money and Damages against WINCORP and PMC. WINCORP and PMC filed a Motion to Dismiss contending that the allegations in the complaint and its annexes failed to state a cause of action. The trial court ruled in favor of Francia and Cecilia. PMC thereafter assailed the trial court's orders before the Court of Appeals via petition for certiorari and prohibition under Rule 65. The CA reversed the trial court‘s decision.

Monday, October 20, 2014

HUN HYUNG PARK v. EUNG WON CHOI DIGEST

HUN HYUNG PARK v. EUNG WON CHOI 
526 SCRA 103 (2007), SECOND DIVISION (Carpio Morales, J.) 

If the evidence presented is insufficient to prove beyond reasonable doubt the guilt of the accused, it does not follow that the same is insufficient to prove his civil liability. 

FACTS: Eung Won Choi (Choi) was charged for violation of Batas Pambansa Blg. 22, otherwise known as the Bouncing Checks Law, before the Metropolitan Trial Court of Makati for issuing a postdated check in the amount of P1,875,000. The same was dishonored for having been drawn against insufficient funds. Choi filed a demurer to evidence after the prosecution rested its case. The Makati Metropolitan Trial Court granted the Demurrer and dismissed the case. 

Hun Hyung Park (Park) appealed the civil aspect of the case to the Regional Trial Court (RTC) of Makati, contending that the dismissal of the criminal case should not include its civil aspect. RTC held that while the evidence presented was insufficient to prove respondent‘s criminal liability, it did not altogether extinguish his civil liability. Upon a motion for reconsideration, however, the RTC set aside its decision and ordered the remand of the case to the MeTC for further proceedings, so that the defendant may adduce evidence on the civil aspect of the case.

Sunday, October 19, 2014

ILANO vs ESPAÑOL DIGEST

VICTORIA J. ILANO v. HON. DOLORES L. ESPAÑOL, et al. 
478 SCRA 365 (2005) (Carpio Morales, J.) 

Where the allegations of a complaint are vague, indefinite, or in the form of conclusions, its dismissal is not proper for the defendant may ask for more particulars. 

FACTS: Amelia Alonzo is a trusted employee of Victoria Ilano. During those times that Ilano is in the Unied States for medical check-up, Alonzo was entrusted with Ilano‘s Metrobank Check Book which contains both signed and unsigned blank checks. 

A Complaint for Revocation/Cancellation of Promissory Notes and Bills of Exchange (Checks) with Damages and Prayer for Preliminary Injunction or Temporary Restraining Order (TRO) against Alonzo et al. before the Regional Trial Court of Cavite. Ilano contends that Alonzo, by means of deceit and abuse of confidence succeeded in procuring Promissory Notes and signed blank checks. Alonzo likewise succeeded in inducing Ilano to sign antedated Promissory Notes. The RTC rendered a decision dismissing the complaint for lack of cause of action and failure to allege the ultimate facts of the case. On appeal, the Court of Appeals affirmed the dismissal of the complaint. Hence, this petition.