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Colgate - Palmolive Philippines, Inc. Vs. Hon. Pedro M. Gimenez

Colgate - Palmolive Philippines, Inc., Petitioner Vs. Honorable Pedro M. Gimenez as Auditor General and Ismael Mathay as Auditor of the Central Bank of the Philippines, Respondents. G.R. No. L-14787, January 28, 1901 Facts: The Petitioner Colgate - Palmolive, Inc. is a corporation duly organized and existing under the Philippine law for the manufacture of toilet preparations and household remedies. The company imported various materials such as Irish moss extracts, sodium benzoate, sodium saccharin ate, precipitated calcium and dicalcium phosphate, for use as stabilizers and dental cream flavor of the dental cream they manufacture. For every importation of these materials, the petitioner paid to the Central Bank 17% special excise tax on the foreign exchange used for the payment of the cost, transportation and other incidental charges, in accordance with R.A. 601 (Exchange Tax Law). On March 14, 1956, Petitioner filed with the Central Bank 3 applications for re...

Cecilio S. De Villa Vs. Court of Appeals

CECILIO S. DE VILLA, Petitioner, Vs. The Honorable Court of Appeals, People of the Philippines, Hon. Job B. Madayag and Roberto Z. Lorayes, Respondents. G.R. No. 87416, April 8, 1991 Facts: On October 5, 1987, Petitioner Cecilio S. De Villa was charged before the Regional Trial Court (RTC) of NCR (Makati, Branch 145) with violation of BP. 22 (Bouncing Check Law) when the accused unlawfully and feloniously draw and issue a check to Roberto Z. Lorayes to apply on account or for value a depositors trust company check No. 3371 antedated March 31, 1987 with an amount of $ 2,500.00 or equivalent to PHP 50,000.00. The check was issued at the time the accused had no sufficient funds. At the time of presentment, the check was dishonored due to insufficient funds and despite the receipt of notice of such dishonor, said accused failed to pay the respondent, Lorayes, the amount of the check or to make arrangement for the payment of the check within 5 banking days after the rec...

People of the Philippines Vs. Hon. Judge Antonio C. Evangelista and Guildo Tugonon

PEOPLE OF THE PHILIPPINES, Petitioner, Vs. Hon. Judge ANTONIO C. EVANGELISTA, as presiding judge of Branch XXI, 10th Judicial Region, RTC of Misamis Oriental, Cagayan De Oro City and Guildo S. Tugonon, Respondents. G.R. No. 110898, February 20, 1996 Facts: Private respondent Guildo Tugonon was charged and convicted of frustrated homicide. He filed a petition for probation. However, the chief probation and parole officer recommended denial of private respondent's application for probation on the ground that appealing the sentence of the trial, he had already waived his right to make his application for probation. The Regional Trial Court set aside the probation's officer is recommendation and thus granted private respondent's application for probation. Issue: Whether or Not the RTC committed grave abuse of its discretion by granting private respondent's application for probation despite filed by the private respondent. Held: Yes. ...

Juanito C. Pilar Vs. Commission on Elections

JUANITO C. PILAR, Petitioner, Vs. COMMISSION ON ELECTIONS, Respondent. G.R. No. 115245, July 11, 1995 Facts: Juanito C. Pilar filed his certificate of candidacy for the position of member of the Sangguniang Panlalawigan of the province of Isabela. However, three days later. He withdrew his certificate of candidacy. As a result, respondent Commission imposed a fine of  ₱  10,000.00 for failure to file his statement of contributions and expenditures. Petitioner contends that it is clear from the law that the candidate must have entered the political contest, and should have either won or lost. Section 14 of R.A. No. 7166 provides that: Statement of Contributions and Expenditures. Effect of Failure to file statement. Every candidate and treasurer of the political party shall within 30 days after the day of the election, file in duplicate with the officers of the commission, the full, true and itemized statement of all contributions and expenditures in c...

Philippine British Assurance Co., Inc. Vs. Intermediate Appellate Court, Sycwin Coating and Wires, Inc. and Dominador Capcal

Philippine British Assurance Co., Inc., Petitioner, Vs. Honorable Intermediate Appellate Court, Sycwin Coating and Wires, Inc., and Dominador Capcal, Chief Deputy Sheriff of Manila, Respondents. G.R. No. 72005, May 29, 1987 Facts: Private Respondent Sycwin Coating and Wires Inc. filed a complaint for the collection of money against Varian Industrial Corporation. During the pendency of the case, private respondent succeeded in attaching some of the properties of Varian upon posting of a supersedeas bond. Varian in turn posted a counter bond amounting to   ₱ 1,400,000.00 thru petitioner Philippine British Assurance Coy a registered and recognized surety, thus, attached properties were retarded. The trial court then rendered a decision favorable to the private respondent and Writ of execution was issued in favor of the private respondent. The same was however returned unsatisfied since Varian failed to deliver the attached personal properties. Sycwin thus prayed tha...

J.M. Tuason & Co., Inc., Jose M. Tuason, Nicasio A. Tuason, Teresa Tuason, Celso S. Tuason and Severo A. Tuason Vs. Hon. Herminio C. Mariano, Presiding Judge of the Court of First Instance of Rizal Manuel Aquial, Maria Aquial, Spouses Jose M. Cordova and Saturnina C. Cordova

J. M. TUASON & CO., INC., JOSE M. TUASON, NICASIO A. TUASON, TERESA TUASON, CELSO S. TUASON and SEVERO A. TUASON, Petitioners,  Vs. HON. HERMINIO C. MARIANO, Presiding Judge of the Court of First Instance of Rizal MANUELA AQUIAL, MARIA AQUIAL, Spouses JOSE M. CORDOVA and SATURNINA C. CORDOVA, Respondents. Sison Law Office and Senensio O. Ortile for petitioners. Hill & Associates Law Office for respondents Aquials. Antonio E. Pesigan for respondents Cordovas. G.R. No. L-33140, October 23, 1978 Facts: Respondents Aquial were claiming ownership of a parcel of land located in Quezon City having an area of 383 hectares. They are alleging that the land to which they claim was acquired by their father by means of Spanish Title, has been fraudulently and erroneously included in O.C.T. No. 735. Plaintiffs Aquial prayed that O.C.T. No. 735 and the titles derived be declared void due to certain irregularities in the Land Registration proceedings. J.M. Tuason & Co.,...

People of the Philippines Vs. Guillermo Manantan

People of the Philippines, Plaintiff-appellant Vs. Guillermo Manantan, Defendant-appellee G.R. No. 14129, July 31, 1962 Facts: Defendant Guillermo Manantan was charged with a violation of section 54 of the Revised Election Code in the Province of Pangasinan. Section 54. Active intervention of public officers and employees. - No justice, judge, fiscal, treasurer, or assessor of any province, no officer or employee of the Army, no member of the national, provincial, city, municipal or rural police force, and no classified civil service officer or employee shall aid in any candidate, or exert influence in any manner in any election or take part therein, except to vote, if entitled thereto, or to preserve public peace, if he is a peace officer. Defendant contends that the provision excludes justice of peace and as such, he is excluded from this prohibition. The defense moved to dismiss the information on the ground that as justice of peace, the defendant is not...

City of Manila and City Treasurer Vs. Judge Amador F. Gomez of the Court of First Instance of Manila and ESSO Philippines, inc.

City of Manila and City Treasurer, Petitioners-appellants, Vs. Judge Amador F. Gomez of the Court of First Instance of Manila and ESSO Philippines, inc., Respondents-appellees G.R. No. L-37251, August 31, 1981 Facts: The Revised Charter of Manila Axes the annual Realty tax at 1-1/2%. While, the Special Education Fund Law imposed an annual additional tax of 1% on the assessed value of real property in addition to the real property tax regularly levied thereon but the total real property tax shall not exceed 3%. The Municipal Board of Manila imposed an additional 1/2% to fix the total imposable tax on real property at 3% which is divided into: 1.5% as per charter of Manila, 1% as per Special Education Fund and 1/2% as per order of the Municipal Board. Private Respondent ESSO Philippines paid the additional one half percent real property tax under protest and later filed a complaint for the recovery of the said amount. It is contented that the additional 1/2% paid is ...

Lydia O. Chua Vs. The Civil Service Commission, The National Irrigation Administration

Lydia O. Chua, Petitioner Vs. The Civil Service Commission, The National Irrigation Administration, Respondents G.R. No. 88979, February 7, 1992 Facts: Republic Act 6683 provided benefits for early retirement and voluntary separation as well as for involuntary separation due to reorganization. Section 2 (Coverage) of R.A. 6683 provides who are qualified to avail the benefits under the law which includes all regular, temporary, casual and emergency employees who have rendered two consecutive years of government service as of the date of separation with the exception of uniformed personnel of (Armed Forced of the Philippines) AFP and (Philippine Constabulary Integrated National Police) PC/INP. Petitioner Lydia Chua, believing that she is qualified to avail of the benefits of the Early Retirement Law, filed an application to the Respondent National Irrigation Administration (NIA), which was denied since petitioner is a co-terminus employee. She appealed with resp...

B/Gen. Jose Comendador Vs. Gen. Renato S. De Villa

B/GEN. JOSE COMENDADOR, B/GEN. MARCELO BLANDO, CAPT. DANILO PIZARRO PN, CAPT. MANUEL ISON PN, LTC. ROMELINO GOJO PN (M), LTC. ARSENIO TECSON PA, LTC. RAFAEL GALVEZ PA, LTC. TIBURCIO FUSILLERO PA, LTC. ERICSON AURELIO PA, LTC. JACINTO LIGOT PA, LTC. FRANKLIN BRAWNER PA, MAJ. ALFREDO OLIVEROS PA, MAJ. CESAR DE LA PENA PN (M): MAJ. LEUVINO VALENCIA PA, CAPT. FLORENCIO FLORES PA, CAPT. JAIME JUNIO PA, CAPT. DANILO LIM PA, CAPT. ELMER AMON PAF CAPT. VERGEL NACINO, and LT. JOEY SARROZA, petitioners,  vs. B/GEN. DEMETRIO CAMUA COL. HERMINIO A. MENDOZA, COL. ERNESTO B. YU, COL. ROMEO ODI COL. WILLY FLORENDO, COL. DIONY A. VENTURA, and CAPT. FRANCISCO T. MALLILLIN PRESIDENT AND MEMBERS OF GENERAL COURT-MARTIAL NO. 14, respondents. G.R. No. 96948, August 2, 1991 Facts: Petitioners are officers of the Armed Forces of the Philippines and were charged with violations of Articles of War in relation with their alleged participation in a failed coup d'etat. The charges against them ...

Elena Salenillas and Bernardino Salenillas Vs. Court of Appeals

Elena Salenillas and Bernardino Salenillas, Petitioners Vs. Hon. Court of Appeals and Hon. Raymundo Seva, Judge of Branch 38 of the Regional Trial Court of Camarines Norte and William Guerra, Respondents G.R. No. 78687, January 31, 1989 Facts: Florencia H. De Enciso and Miguel Enciso owned a property which was formerly covered by Original Certificate Title (OCT) No. P-1248, issued by virtue of Free Patent Application No. 192765. The Original Certificate of Title was inscribed in the registration book for the province of Camarines Norte on December 10, 1961. On February 28, 1970, the patentees, the Enciso spouses, by an Absolute Deed of Sale, sold the property in favor of the petitioners, the spouses, Elena Salenillas and Bernardino Salenillas for a consideration of P900. Petitioner Elena is a daughter of the Encisos. Transfer Certificate of Title No. T-8104 of the Register of Deeds of Camarines Norte was issued in the name of the Salenillas, cancelling the OCT ...

Manuel T. De Guia Vs. Commission on Elections

Manuel T. De Guia, in his capacity as councilor of the Municipality of Parañaque, Metro Manila, Petitioner Vs. Hon. Commission on Elections, Respondent G.R. No. 104712, May 6, 1992 Facts: On November 18, 1991, Congress passed RA 7166 "An Act providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations therefor, and for other purposes." On November 20, 1991, COMELEC issued Resolution No. 2313 and the subsequent resolutions in question. On February 20, 1992, Petitioner De Guia, an incumbent member of the Sangguniang Bayan of the Municipality of Parañaque filed with COMELEC a motion for clarification of its Resolution No. 2313 inquiring whether the members of the Sangguniang Bayan of Parañaque and other municipalities of Metro Manila enumerated therein, which are all single-district municipalities would be elected by district in the May 11, 1992 or in the 1995 regular elections. COMELEC issued Resolution No....

Radiola-Toshiba Philippines, Inc. Vs. The Intermediate Appellate Court

Radiola-Toshiba Philippines, Inc. through its assignee-in-insolvency, Vicente J. Cuna, Petitioner Vs. The Intermediate Appellate Court, Hon. Leonardo I. Cruz, as Judge of the Regional Trial Court of Angeles City, Branch No. LVI. Emilio C. Patino, as assignee-in-insolvency of Carlos and Teresita Gatmaytan, Sheriff of Angeles City, Register of Deeds of Angeles City, Sanyo Maketing Corp., S&T Enterprises Inc., Refrigeration Industries Inc., and Delta Motor Corp., Respondents G.R. No. 75222, July 18, 1991 Facts: On March 4, 1980, Petitioner obtained a levy of attachment against the properties of spouses Carlos and Teresita Gatmaytan for a collection of sum of money before the RTC of Pasig. On July 2, 1950, Three creditors, herein respondents filed a petition for involuntary insolvency of spouses Gatmaytan in Pampanga and Angeles City. On December 10, 1980, Petitioner obtained a favorable judgment as the writ of execution was issued in its favor. On September 21, 1981...

JMM Promotions and Management, Inc., Vs. National Labor Relations Commission (NLRC) and Ulpiano L. Delos Santos

JMM Promotions and Management, Inc., Petitioner Vs. National Labor Relations Commission (NLRC) and Ulpiano L. Delos Santos, Respondents. G.R. No. 109835, November 22, 1993 Facts: Petitioner JMM Promotions and Management Inc. appealed to the respondent NLRC with regard to the decision of the Philippine Overseas Employment Administration (POEA) on the ground of failure to post the required appeal bond. NLRC, in support of the decision, cited Article 223 of the Labor Code, as provided and amended: Article 223 - In a case of judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in an amount equivalent to the monetary award in the judgment appealed from. Rule VI, Section 6 of the New Rules of Procedure of the NLRC as amended reads as follows: Section 6 - Bond - In case the decision of the Labor Arbiter involves a mo...

Felicito Basbacio Vs. Office of the Secretary, Department of Justice, Franklin Drilon in his capacity as Secretary of Justice

Felicito Basbacio, Petitioner Vs. Office of the Secretary, Department of Justice, Franklin Drilon in his capacity as Secretary of Justice, Respondent G.R. No. 109445, November 7, 1994 Facts: Felicito Basbacio, with his son in law Wilfredo Balderrama, was convicted of the crome of murder and of two counts of frustrated murder for the killing of Federico Boyon and the wounding of his wife and son, due to an apparent land dispute between the Boyon's and the petitioner. Petitioner appealed the matter and he was acquitted because the prosecution failed to prove conspiracy between him and his son in law. His mere presence was insufficient to show conspiracy. Petitioner then filed a claim under RA 7309 section 3(a) which provides for the payment of compensation to any person who was unjustly accused, convicted, imprisoned but subsequently released by virtue of a judgment of acquittal. However, his claim was not sufficient to find him guilty beyond reasonable doubt, ...

Globe-Mackay Cable and Radio Corporation (GMRC) Vs. National Labor Relations Commission (NLRC) and Imelda Salazar

Globe-Mackay Cable and Radio Corporation (GMRC), Petitioner Vs. National Labor Relations Commission (NLRC) and Imelda Salazar, Respondents G.R. No. 82511, March 3, 1992 Facts: Private Respondent, "Imelda Salazar" was employed as general systems analyst of Globe-Mackay Cable and Radio Corp. (GMRC) While Delfin Saldivar, her close friend, was employed as technical operations' support manager in May 1982. Petitioner GMRC investigated Saldivar's activities due to the reports indicating that the company equipment and spare parts were in custody of Saldivar. The internal audit report also indicated that Saldivar entered into a partnership with Richard A. Yambao, owner and manager of Eledon Engineering Services (Elecon), a supplier often recommended by Saldivar to the petitioner. It also appeared in the course of Maramara's investigation that Imelda Salazar violated company regulations by involving herself in transactions with conflict of interest with t...

Soccoro D. Ramirez Vs. Court of Appeals and Ester S. Garcia

Soccoro D. Ramirez, Petitioner Vs. Honorable Court of Appeals and Ester S. Garcia, Respondents G.R. No. 93833, September 28, 1995 Facts: The Petitioner Soccoro Ramirez, filed a civil case for damages in the Regional Trial Court of Quezon City against Private respondent Ester Garcia who, in a confrontation in the latter's office allegedly vexed, insulted, and humiliated her in a "Hostile and Futile" mood and in a manner offensive to her dignity and personality contrary to morals, good customs and public policy. Petitioner produced a verbatim transcript of their argument and sought moral damages, attorney's fee and other expenses of litigation, all amounting to Php 610,000.00 exclusive of the costs, interests and other reliefs awardable by the court. Thus, Ester Garcia, Private respondent filed a criminal case before RTC - Pasay City for a violation of Republic Act 4200 "An act to prohibit and penalize wiretapping and other related violations of ...

The People of the Philippines Vs. Patricio Amigo

The People of the Philippines, Plaintiff-Appellee Vs. Patricio Amigo alias "Bebot," Accused-Appellant G.R. No. 116719, January 18, 1996 Facts: On December 29, 1989 at around 1:00 Pm, Benito Ng Suy was driving their gray Ford Fiera back home, with his daughters, Jocelyn Ng Suy and a younger one together with his two year old son. An accidental head on collision occurred between the Fiera and the Tamaraw being driven by one Virgillio Abogado, with Abogado was the accused, Patricio Amigo alias "Bebot". The collision caused slight damage to the right bumper of the Tamaraw. While Abogado and Benito were having a verbal confrontation, Patricio approached Benito asking the latter to leave the incident as it was only a minor incident. However, Benito said that Patricio should not interfere, which made Patricio irritated and caused the latter to stab Benito, rendering the victim into a critical condition which later caused his death due to a sepsis infecti...

The People of the Philippines Vs. Mario Mapa Y. Mapulong

The People of the Philippines, Plaintiff-Appellee Vs. Mario Mapa Y. Mapulong, Defendant-Appellant. G.R. No. L-22301, August 20, 1967 Facts: Defendant Mapa was caught having in his possession a home made revolver, caliber .22 without serial number and with six rounds of ammunition, without any license. Thus, he was charged and convicted with the crime of illegal possession of firearms by the Court of First Instance of Manila. According to the defendant, he was a duly appointed secret agent of Honorable Feliciano Leviste, the then Governor of Batangas, and that he was directed by the latter to proceed to Manila, Pasay and Quezon for a confidential mission. These statements are corroborated by proper document exhibits. Issue: Whether or not the defendant's appiontment to and holding a position of secret agent to the provincial governor would constitute a sufficient defense to the prosecution for the crime of illegal possession of fire arms and ammunition. ...

Olivia S. Pascual v. Esperanza C. Pascual-Bautista

Olivia S. Pascual and Hermes S. Pascual, Petitioners Vs. Esperanza C. Pascual-Bautista, Manuel C. Pascual, Jose C. Pascual, Susana C. Pascual, Erlinda C. Pascual, Wenceslao C. Pascual, Jr., Intestate Estate of Eleuterio T. Pascual, Avelina Pascual, Isoceles Pascual, Leida Pascual Martines, Virginia Pascual-Ner, Nona Pascual-Fernando, Octavio Pascual, Geranaia Pascual-Dubert, and The Honorable Presiding Judge Manuel S. Padolina of Br. 162, RTC, Pasig, Metro Manila, Respondents. G.R. No. 84240, March 25, 1992 Facts: On October 12, 1973, Don Andres Pascual died intestate. Petitioners Olivia and Hermes, both surnamed Pascual are the acknowledged natural children of Eligio Pascual, Full blood brother of decedent Don Andres Pascual. Petitioners filed their motion to reiterate hereditary rights and the memorandum in support of motion to reiterate hereditary rights. However, Regional Trial Court, Presided by Judge Manuel S. Padolina, issued an order the dispositve portion ...