2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
/ Political Law /
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
/ ACKNOWLEDGMENTS /
Dyannah Alexa Marie Ramacho
Project Jurisprudence – Philippines
Supreme Court E-Library
The LAWPHiL Project
/ Political Law /
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
/ READ ME FIRST! /
There is no penned case recorded in the following months and year April 2020 and May 2020.
The author is not in any way connected or related to the Supreme Court or
to Justice Marvic Leonen.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
CASE DOCTRINES
MARIA LOURDES B. LOCSIN vs. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL (HRET)
G.R. No. 204123 / March 19, 2013
The Constitution provides that public respondent House of Representatives Electoral
Tribunal (HRET) is the sole judge of all contests relating to the election, returns, and
qualifications of their members. This Court's jurisdiction to review HRET's decisions
and orders is exercised only upon showing that HRET acted with grave abuse of
discretion amounting to lack or excess of jurisdiction. Otherwise, this Court will not
interfere with an electoral tribunal's exercise of its discretion or jurisdiction.
THE OFFICE OF THE COURT ADMINISTRATOR vs. DEVELYN GESULTURA
A.M. No. P-04-1785 / April 2, 2013
No position demands greater moral righteousness and uprightness from the occupant
than does the judicial office. The safekeeping of funds and collections is essential to
the goal of an orderly administration of justice. The act of misappropriating judiciary
funds constitutes dishonesty and grave misconduct which are grave offenses
punishable by dismissal upon the commission of even the first offense. Time and
again, we have reminded court personnel tasked with collections of court funds, such
as Clerks of Courts and cash clerks, to deposit immediately with authorized
government depositories the various funds they have collected, because they are not
authorized to keep funds in their custody.
REPUBLIC OF THE PHILIPPINES vs. ABDULWAHAB A. BAYAO
G.R. No. 179492 / June 5, 2013
The judiciary cannot inquire into the wisdom or expediency of the acts of the
executive. When the trial court issued x x x Order granting preliminary injunction on
the transfer of the regional center to Koronadal City when such transfer was
mandated by E.O. No. 304 (Designating Koronadal City As The Regional Center And
Seat Of Soccsksargen), the lower court did precisely that.
The principle of separation of powers ordains that each of the three great government
branches has exclusive cognizance of and is supreme in concerns falling within its
own constitutionally allocated sphere. The judiciary as Justice Laurel emphatically
asserted "will neither direct nor restrain executive [or legislative] action x x x."
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ENGINEER MANOLITO P. MENDOZA vs. COMMISSION ON AUDIT
G.R. No. 195395 / September 10, 2013
The salary of a water district's general manager is covered by the Salary
Standardization Law despite Section 23 of the Provincial Water Utilities Act of 1973.
The law grants water districts the power to fix the compensation of their respective
general managers, but it should be consistent with Republic Act No. 6758 or the
"Compensation and Position Classification Act of 1989."
ARARO PARTY-LIST vs. COMMISSION ON ELECTIONS
G.R. No. 192803 / December 10, 2013
It is beyond human expectations that we charge voters with knowledge as to which
among the many party-list groups listed in the ballot they are presented with during
election day is disqualified. To do so will amount to their disenfranchisement and the
failure to comply with the proportionality for party-list representatives required by
the Constitution and by law.
REPUBLIC OF THE PHILIPPINES vs. ORTIGAS AND COMPANY LIMITED
PARTNERSHIP
G.R. No. 171496 / March 3, 2014
Owners whose properties were taken for public use are entitled to just compensation.
CITY OF GENERAL SANTOS vs. COMMISSION ON AUDIT
G.R. No. 199439 / April 22, 2014
In order to be able to deliver more effective and efficient services, the law allows
local government units the power to reorganize. In doing so, they should be given
leeway to entice their employees to avail of severance benefits that the local
government can afford. However, local government units may not provide such when
it amounts to a supplementary retirement benefit scheme.
LIGHT RAIL TRANSIT AUTHORITY vs. AURORA A. SALVAÑA
G.R. No. 192074 / June 10, 2014
An administrative agency has standing to appeal the Civil Service Commission's
repeal or modification of its original decision. In such instances, it is included in the
concept of a "party adversely affected" by a decision of the Civil Service Commission
granted the statutory right to appeal.
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ATTY. ANACLETO B. BUENA, JR., vs. DR. SANGCAD D. BENITO
G.R. No. 181760 / October 14, 2014
The Regional Governor of the Autonomous Region in Muslim Mindanao has the power
to appoint officers in the region's civil service. However, if there is no regional law
providing for the qualifications for the position at the time of appointment, the
appointee must satisfy the civil service eligibilities required for the position in the
national government to be appointed in a permanent capacity.
MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION,
[MISSMA] vs. SOUTHEAST MINDANAO GOLD MINING CORP.
G.R. No. 149638 / December 10, 2014
G.R. No. 149916
INC.
In one case, the Court discussed that “the Local Government Code did not fully
devolve the enforcement of the small-scale mining law to the provincial government,
as its enforcement is subject to the supervision, control and review of the DENR,
which is in charge, subject to law and higher authority, of carrying out the State’s
constitutional mandate to control and supervise the exploration, development,
utilization of the country’s natural resources.
THE LAW FIRM OF LAGUESMA MAGSALIN CONSULTA AND GASTARDO vs. THE
COMMISSION ON AUDIT
G.R. No. 185544 / January 13, 2015
When a government entity engages the legal services of private counsel, it must do
so with the necessary authorization required by law; otherwise, its officials bind
themselves to be personally liable for compensating private counsel’s services.
MARITIME INDUSTRY AUTHORITY vs. COMMISSION ON AUDIT
G.R. No. 185812 / January 13, 2015
However, with regard to the disallowance of salaries, emoluments, benefits, and
allowances of government employees, prevailing jurisprudence provides that
recipients or payees need not refund these disallowed amounts when they received
these in good faith. Government officials and employees who received benefits or
allowances, which were disallowed, may keep the amounts received if there is no
finding of bad faith and the disbursement was made in good faith.
On the other hand, officers who participated in the approval of the disallowed
allowances or benefits are required to refund only the amounts received when they
are found to be in bad faith or grossly negligent amounting to bad faith.
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THE DIOCESE OF BACOLOD vs. COMMISSION ON ELECTIONS
G.R. No. 205728 / January 21, 2015
"The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them." – Article II, Section 1,
Constitution
All governmental authority emanates from our people. No unreasonable restrictions
of the fundamental and preferred right to expression of the electorate during political
contests no matter how seemingly benign will be tolerated.
IN THE MATTER OF: SAVE THE SUPREME COURT JUDICIAL INDEPENDENCE
AND FISCAL AUTONOMY MOVEMENT VS. ABOLITION OF JUDICIARY
DEVELOPMENT FUND (JDF) AND REDUCTION OF FISCAL AUTONOMY.
UDK-15143 / January 21, 2015
“Courts are not constitutionally built to do political lobbying. By constitutional design,
it is a co-equal department to the Congress and the Executive. By temperament, our
arguments are legal, not political. We are best when we lay down all our premises in
the finding of facts, interpretation of the law and understanding of precedents. We
are not trained to produce a political statement or a media release.”
MARIA THERESA G. GUTIERREZ vs. COMMISSION ON AUDIT AND AUDITOR
G.R. No. 200628 / January 13, 2015
A cashier who is found to have been negligent in keeping the funds in his or her
custody cannot be relieved from his or her accountability for amounts lost through
robbery.
LUCENA D. DEMAALA vs. COMMISSION ON AUDIT
G.R. No. 199752 / February 17, 2015
The power to tax is an attribute of sovereignty. It is inherent in the state. Provinces,
cities, municipalities, and barangays are mere territorial and political subdivisions of
the state. They act only as part of the sovereign. Thus, they do not have the inherent
power to tax. Their power to tax must be prescribed by law.
JOSEPH B. TIMBOL vs. COMMISSION ON ELECTIONS
G.R. No. 206004 / February 24, 2015
The power of the Commission on Elections (COMELEC) to restrict a citizen's right of
suffrage should not be arbitrarily exercised. The COMELEC cannot motu proprio deny
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due course to or cancel an alleged nuisance candidate's certificate of candidacy
without providing the candidate his opportunity to be heard.
NATIONAL POWER CORPORATION vs. SOCORRO T. POSADA
G.R. No. 191945 / March 11, 2015
When the taking of private property is no longer for a public purpose, the
expropriation complaint should be dismissed by the trial court. The case will proceed
only if the trial court's order of expropriation became final and executory and the
expropriation causes prejudice to the property owner.
ANGEL ABAD vs. HERMINIO DELA CRUZ
G.R. No. 207422 / March 18, 2015
Appointments in the civil service are made fundamentally on the basis of merit. Both
the Constitution and law ensure that those appointed are fit for the position. While
those who are next in rank to a vacant position may be given some preference, no
one has a vested right to a government position. Seniority and salary grades should
be given their due weight but should not trump the public interest.
REPUBLIC OF THE PHILIPPINES vs. HEIRS OF GABRIEL Q. FERNANDEZ
G.R. No. 175493 / March 25, 2015
The state and its implementing agencies must first comply with the requirements
outlined in Section 4 of Republic Act No. 8974 (AN ACT TO FACILITATE THE
ACQUISITION OF RIGHT-OF-WAY, SITE OR LOCATION FOR NATIONAL GOVERNMENT
INFRASTRUCTURE PROJECTS AND FOR OTHER PURPOSES) before these are allowed
to take possession of private property for a national infrastructure project.
SOCIAL WEATHER STATIONS, INC. vs. COMELEC
G.R. No. 208062 / April 07, 2015
To reiterate, the inclusion of published election surveys in a statute that regulates
election propaganda and other means through which candidates may shape voter
preferences is itself telling of the recognition that published election surveys, too,
may influence voter preferences. This inclusion is similarly telling of a recognition
that, left unregulated, election surveys can undermine the purposes of ensuring "fair"
elections. These recognitions are embedded in the Fair Election Act; they are not
judicial constructs. In adjudicating with these' as bases, this court is merely adhering
to the legislative imperative.
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In any case, the requirement of disclosing subscribers is neither unduly burdensome
nor onerous. Prior to the promulgation of Resolution No. 9674, survey firms were
already understood to be bound by the requirement to disclose those who
commissioned or paid for published election surveys. Petitioners have been
complying with this without incident since the Fair Election Act was enacted in 2001.
After more than a decade of compliance, it is odd for petitioners to suddenly assail
the disclosure requirement as unduly burdensome or onerous.
DATUKAN MALANG SALIBO vs. WARDEN, QUEZON CITY JAIL ANNEX, BJMP
BUILDING, CAMP BAGONG DIWA
G.R. No. 197597 / April 08, 2015
Habeas corpus is the proper remedy for a person deprived of liberty due to mistaken
identity. In such cases, the person is not under any lawful process and is continuously
being illegally detained.
The nature of the restraint of liberty need not be related to any offense so as to
entitle a person to the efficient remedy of habeas corpus. It may be availed of as a
post-conviction remedy or when there is an alleged violation of the liberty of abode.
In other words, habeas corpus effectively substantiates the implied autonomy of
citizens constitutionally protected in the right to liberty in Article III, Section 1 of the
Constitution. Habeas corpus being a remedy for a constitutional right, courts must
apply a conscientious and deliberate level of scrutiny so that the substantive right to
liberty will not be further curtailed in the labyrinth of other processes.
THE PROVINCIAL GOVERNMENT OF AURORA vs. HILARIO M. MARCO
G.R. No. 202331 / April 22, 2015
The prohibition on midnight appointments only applies to presidential appointments.
It does not apply to appointments made by local chief executives.
Nevertheless, the Civil Service Commission has the power to promulgate rules and
regulations to professionalize the civil service. It may issue rules and regulations
prohibiting local chief executives from making appointments during the last days of
their tenure. Appointments of local chief executives must conform to these civil
service rules and regulations in order to be valid.
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RE: REQUEST OF RETIRED SUPREME COURT AND COURT OF APPEALS
JUSTICES FOR INCREASE/ADJUSTMENT OF THEIR DECEMBER 1998
PENSIONS
A.M. No. 99-7-01-SC / August 18, 2015
Republic Act No. 9282 elevated the rank of a Court of Tax Appeals justice to that of
a Court of Appeals justice.
Since part of the retirement benefits granted to the retired Court of Appeals justices
is the annual year-end bonus and cash gift pending receipt of monthly pensions,
retired Court of Tax Appeals justices are entitled to the same.
REPUBLIC OF THE PHILIPPINES vs. VIRGILIO M. TATLONGHARI
G.R. No. 170458 / November 23, 2015
The notation "in trust for" or "for escrow" that comes with deposited funds indicates
that the deposit is for the benefit of a third party. In this case, Asset Privatization
Trust deposited funds "in trust for" Pantranco North Express, Inc., (Pantranco) a
corporation under the management of Asset Privatization Trust. These funds belong
to Pantranco. Further, in the absence of evidence that Asset Privatization Trust is
authorized to collect Pantranco's indebtedness to Philippine National Bank, the
subject funds can be garnished to satisfy the claims of Pantranco's creditors.
When Pantranco was under sequestration, it remained to be a private corporation,
and its funds also remained to be private. Although the Presidential Commission on
Good Government is a government agency, it does not follow that Pantranco's funds
were converted into public funds by the mere fact that its conservator was a
government agency.
LAUDE vs. GINEZ-JABALDE
G.R. No. 217456 / November 24, 2015
Failure to meet the three-day notice rule for filing motions and to obtain the
concurrence of the Public Prosecutor to move for an interlocutory relief in a criminal
prosecution cannot be excused by general exhortations of human rights. This Petition
fails to show any grave abuse of discretion on the part of the trial court judge.
Furthermore, the accused, while undergoing trial and before conviction, is already
detained in the Philippines in compliance with the obligations contained in the
Agreement Between the Government of the United States of America and the
Government of the Republic of the Philippines Regarding the Treatment of United
States Armed Forces Visiting the Philippines (Visiting Forces Agreement).
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ERWIN LIBO-ON DELA CRUZ vs. PEOPLE OF THE PHILIPPINES
G.R. No. 209387 / January 11, 2016
Routine baggage inspections conducted by port authorities, although done without
search warrants, are not unreasonable searches per se. Constitutional provisions
protecting privacy should not be so literally understood so as to deny reasonable
safeguards to ensure the safety of the traveling public.
QUEZON CITY PTCA FEDERATION, INC. vs. DEPARTMENT OF EDUCATION
G.R. No. 188720 / February 23, 2016
Notice and hearing are not essential to the validity of administrative action where the
administrative body acts in the exercise of executive, administrative, or legislative
functions; but where a public administrative body acts in a judicial or quasi-judicial
matter, and its acts are particular and immediate rather than general and
prospective, the person whose rights or property may be affected by the action is
entitled to notice and hearing.
BAGUMBAYAN-VNP MOVEMENT, INC. vs. COMMISSION ON ELECTIONS
G.R. No. 222731 / March 08, 2016
A petition for mandamus may be granted and a writ issued when an agency
"unlawfully neglects the performance of an act which the law specifically enjoins as
a duty resulting from an office."
ARLENE LLENA EMPAYNADO CHUA vs. COMMISSION ON ELECTIONS
G.R. No. 216607 / April 5, 2016
Dual citizens are disqualified from running for any elective local position. They cannot
successfully run and assume office because their ineligibility is inherent in them,
existing prior to the filing of their certificates of candidacy. Their certificates of
candidacy are void ab initio, and votes cast for them will be disregarded.
Consequently, whoever garners the next highest number of votes among the eligible
candidates is the person legally entitled to the position.
EDNA MABUGAY-OTAMIAS vs. REPUBLIC OF THE PHILIPPINES
G.R. No. 189516 / June 08, 2016
A writ of execution lies against the pension benefits of a retired officer of the Armed
Forces of the Philippines, which is the subject of a deed of assignment drawn by him
granting support to his wife and five (5) children. The benefit of exemption from
execution of pension benefits is a statutory right that may be waived, especially in
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order to comply with a husband's duty to provide support under Article XV of the
1987 Constitution and the Family Code.
ARIEL LOPEZ vs. PEOPLE OF THE PHILIPPINES
G.R. No. 212186 / June 29, 2016
To sustain a conviction for cattle-rustling, the identity of the stolen cattle must be
proven with certainty. Otherwise, the accused must be acquitted on the ground of
reasonable doubt.
Further, a "request for appearance" issued by law enforcers to a person identified as
a suspect is akin to an "invitation." Thus, the suspect is covered by the rights of an
accused while under custodial investigation. Any admission obtained from the
"request for appearance" without the assistance of counsel is inadmissible in
evidence.
THE DIOCESE OF BACOLOD vs. COMMISSION ON ELECTIONS
G.R. No. 205728 / July 5, 2016
Petitioners are not candidates. They are asserting their right to freedom of
expression. We acknowledged the "chilling effect" of the assailed notice and letter on
this constitutional right in our Decision, thus:
Nothing less than the electorate's political speech will be affected by the restrictions
imposed by COMELEC. Political speech is motivated by the desire to be heard and
understood, to move people to action. It is concerned with the sovereign right to
change the contours of power whether through the election of representatives in a
republican government or the revision of the basic text of the Constitution. The zeal
with which we protect this kind of speech does not depend on our evaluation of the
cogency of the message. Neither do we assess whether we should protect speech
based on the motives of COMELEC. We evaluate restrictions on freedom of expression
from their effects. We protect both speech and medium because the quality of this
freedom in practice will define the quality of deliberation in our democratic society.
COMELEC's notice and letter affect preferred speech. Respondents' acts are capable
of repetition. Under the conditions in which it was issued and in view of the novelty
of this case, it could result in a "chilling effect" that would affect other citizens who
want their voices heard on issues during the elections. Other citizens who wish to
express their views regarding the election and other related issues may choose not
to, for fear of reprisal or sanction by the COMELEC.
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Direct resort to this court is allowed to avoid such proscribed conditions. Rule 65 is
also the procedural platform for raising grave abuse of discretion.
JANET LIM NAPOLES vs. HON. SECRETARY LEILA DE LIMA
G.R. No. 213529 / July 13, 2016
A decision convicting an accused moots any proceeding that questions the
determination of probable cause, either in the filing of the information in court or in
the issuance of the warrant of arrest. Guilt beyond reasonable doubt had then been
established, and questioning whether a lower quantum of proof exists, i.e., probable
cause, would be pointless.
PNB vs. HEIRS OF THE LATE IRENEO AND CARIDAD ENTAPA
G.R. No. 215072 / September 07, 2016
The Constitution requires that a court must state the factual and legal grounds on
which its decisions are based. Any decision that fails to adhere to this mandate is
void.
The constitutional requirement that the basis of the decision of our courts should be
clearly articulated and made legible to the parties does not merely assure fairness.
It is likewise crucial to assure the public that the judiciary arrives at its conclusions
on the basis of reasonable inference from credible and admissible evidence and the
text of law and our jurisprudence. Decisions of all courts should not be based on any
other considerations. Not only will fully coherent and cogent reasons have greater
chances to convince the litigants of their chances on appeal; they also make appeals
possible. After all, appellate courts cannot be assumed to have so much omniscience
that they can read what the trial judge has not written.
NATIONAL POWER CORPORATION vs. SPS. MARGARITO ASOQUE
G.R. No. 172507 / September 14, 2016
Article III, Section 9 of the Constitution provides a substantive guarantee that private
property that is taken by the state for public use should be paid for with just
compensation. If the state does not agree with the property owner on a price, the
state, through the competent government agency, should file the proper
expropriation action under Rule 67 of the Revised Rules of Court.
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RIZALITO Y. DAVID vs. SENATE ELECTORAL TRIBUNAL
G.R. No. 221538 / September 20, 2016
The words of our most fundamental law cannot be read so as to callously exclude all
foundlings from public service.
When the names of the parents of a foundling cannot be discovered despite a diligent
search, but sufficient evidence is presented to sustain a reasonable inference that
satisfies the quantum of proof required to conclude that at least one or both of his or
her parents is Filipino, then this should be sufficient to establish that he or she is a
natural-born citizen. When these inferences are made by the Senate Electoral
Tribunal in the exercise of its sole and exclusive prerogative to decide the
qualifications of the members of the Senate, then there is no grave abuse of
discretion remediable by either Rule 65 of the Rules of Court or Article VIII, Section
I of the Constitution.
This case certainly does not decide with finality the citizenship of every single
foundling as natural-born. The circumstances of each case are unique, and
substantial proof may exist to show that a foundling is not natural-born. The nature
of the Senate Electoral Tribunal and its place in the scheme of political powers, as
devised by the Constitution, are likewise different from the other ways to raise
questions of citizenship.
DEVELOPMENT ACADEMY OF THE PHILIPPINES vs. CHAIRPERSON MA.
GRACIA M. PULIDO TAN
G.R. No. 203072 / October 18, 2016
Under Republic Act No. 6758, otherwise known as the Compensation and Position
Classification Act of 1989, "all allowances are deemed included in the standardized
salary." However, certain specified allowances are permitted to be given in addition
to standardized salaries "due to the unique nature of the office and of the work
performed by the employee." Without a showing of any such uniqueness, additional
financial awards cannot be sanctioned and the Commission on Audit would be right
to have them disallowed. Still, even in the event of a disallowance, the approving
officers and recipients incur no liability to refund for as long as they acted in good
faith.
CRISANTO M. AALA vs. REY T. UY
G.R. No. 202781 / January 10, 2017
Parties must comply with the doctrines on hierarchy of courts and exhaustion of
administrative remedies. Otherwise, they run the risk of bringing premature cases
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before this Court, which may result to protracted litigation and over clogging of
dockets.
REPUBLIC OF THE PHILIPPINES vs. SPOUSES FRANCISCO R. LLAMAS
G.R. No. 194190 / January 25, 2017
A "positive act" must first be made by the "owner-developer before the city or
municipality can acquire dominion over the subdivision roads." As there is no such
thing as an automatic cession to government of subdivision road lots, an actual
transfer must first be effected by the subdivision owner: "subdivision streets
belonged to the owner until donated to the government or until expropriated upon
payment of just compensation." Stated otherwise, "the local government should first
acquire them by donation, purchase, or expropriation, if they are to be utilized as a
public road."
REPUBLIC OF THE PHILIPPINES vs. LUISITO G. CORTEZ
G.R. No. 187257 / February 07, 2017
The implementation of Republic Act No. 6758 (Compensation and Position
Classification Act of 1989) resulted in the integration of all allowances previously
received, including Cost of Living Allowance and Amelioration Allowance, into the
basic standardized salary. When a government entity ceases to be covered by
Republic Act No. 6758, the new position classification and compensation plan must
also include all allowances previously received in the basic salary, in line with the
principle of non-diminution of pay.
ATTY. HERMINIO HARRY L. ROQUE, JR. vs. ARMED FORCES OF THE
PHILIPPINES (AFP)
G.R. No. 214986 / February 15, 2017
This Court will not freely infringe on the constitutional right to freedom of expression. It
may interfere, on occasion, for the proper administration of justice. However, the power
of contempt should be balanced with the right to freedom of expression, especially when
it may have the effect of stifling comment on public matters. Freedom of expression must
always be protected to the fullest extent possible.
The power to punish for contempt is not exercised without careful consideration of the
circumstances of the allegedly contumacious act, and the purpose of punishing the act.
Especially where freedom of speech and press is involved, this Court has given a
restrictive interpretation as to what constitutes contempt.
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ATTY. HERMINIO HARRY L. ROQUE, JR. vs. ARMED FORCES OF THE
PHILIPPINES (AFP)
G.R. No. 214986 / February 15, 2017
Every resort to the media by one party invites the same effort from the opposing
party. Litigating cases in public may cause misunderstanding of the issues by the
public, especially since many opinion writers will usually infer motives and
standpoints closer to fiction than reality. Furthermore, there exists the real danger of
slanting the focus of the public. Instead of the important question as to whether our
treaties allow custody of foreign military personnel in transit through our territory, it
has now become a battle of wits between counsel and the spokesperson for the
military. The public becomes invested in that issue, which, while important for
counsels, may be tangential to the more important public concerns.
AQUILINA B. GRANADA vs. PEOPLE OF THE PHILIPPINES
G.R. No. 184092 / February 22, 2017
G.R. No. 186084
G.R. No. 186272
G.R. No. 186488
G.R. No. 186570
The Commission on Audit is the guardian of public funds with the mandate to review
and audit public spending. The Court generally sustains the decisions of
administrative authorities like the Commission on Audit in recognition of the doctrine
of separation of powers and their presumed knowledge and expertise of the laws they
have been tasked to uphold.
NATIONAL POWER CORPORATION vs. PROVINCIAL GOVERNMENT OF
BATAAN
G.R. No. 180654 / March 6, 2017
Power generation is no longer considered a public utility operation, and companies
which shall engage in power generation and supply of electricity are no longer
required to secure a national franchise.
LIANG FUJI vs. ATTY. GEMMA ARMI M. DELA CRUZ
A.C. No. 11043 / March 8, 2017
Failure to exercise utmost prudence in reviewing the immigration records of an alien,
which resulted in the alien's wrongful detention, opens the special prosecutor in the
Bureau of Immigration to administrative liability.
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CAPISTRANO DAAYATA vs. PEOPLE OF THE PHILIPPINES
G.R. No. 205745, March 08, 2017
Pride, when unchecked, can waste our youth and cause the forfeiture of all meaning
in life, even in the most inconsequential things: in this case, a basketball game.
Proof beyond reasonable doubt charges the prosecution with the immense
responsibility of establishing moral certainty. The prosecution's case must rise on its
own merits, not merely on relative strength as against that of the defense. Should
the prosecution fail to discharge its burden, acquittal must follow as a matter of
course.
MIGUEL "LUCKY" GUILLERMO vs. PHILIPPINE INFORMATION AGENCY
G.R. No. 223751 / March 15, 2017
In determining the sufficiency of a cause of action for resolving a motion to dismiss,
a court must determine, hypothetically admitting the factual allegations in a
complaint, whether it can grant the prayer in the complaint.
HEIRS OF AUGUSTO SALAS, JR. vs. MARCIANO CABUNGCAL
G.R. No. 191545 / March 29, 2017
Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988) or the
Comprehensive Agrarian Reform Law generally covers all public and private
agricultural lands.
The law defines agricultural land as "land devoted to agricultural activity and not
classified as mineral, forest, residential, commercial or industrial land." For
agricultural land to be considered devoted to an agricultural activity, there must be
"cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock,
poultry or fish, including the harvesting of such farm products, and other farm
activities and practices performed by a farmer in conjunction with such farming
operations done by persons whether natural or juridical."
EDWIN GRANADA REYES vs. THE OFFICE OF THE OMBUDSMAN
G.R. No. 208243 / June 05, 2017
We have consistently held that the essence of due process is simply an opportunity
to be heard, or an opportunity to explain one's side or an opportunity to seek for a
reconsideration of the action or ruling complained of. For as long as the parties are
given the opportunity to present their cause of defense, their interest in due course
as in this case, it cannot be said that there was denial of due process.
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SECURITIES AND EXCHANGE
CORPORATION
G.R. No. 197032 / July 26, 2017
COMMISSION
vs.
PRICE
RICHARDSON
The determination of probable cause for purposes of filing an information is lodged
with the public prosecutor. It is not reviewable by courts unless it is attended by
grave abuse of discretion.
Accordingly, a judge may immediately dismiss the case if he or she finds that there
is no probable cause to issue a warrant of arrest based on the records. To protect the
accused's right to liberty, the trial court may dismiss an information based on "its
own independent finding of lack of probable cause" when an information has already
been filed and the court is already set to determine probable cause to issue a warrant
of arrest.
REPUBLIC OF THE PHILIPPINES vs. HON. LUISITO G. CORTEZ
G.R. No. 187257 / August 08, 2017
G.R. No. 187776
Existing additional compensation of any national government official or employee
paid from local funds of a local government unit shall be absorbed into the basic
salary of said official or employee and shall be paid by the National Government.
MILAGROS Q. ZOLETA-GARCIA vs. LAND BANK OF THE PHILIPPINES
G.R. No. 205128 / August 09, 2017
A perceived abuse cannot be cured by an abuse. Administrative agencies, such as
the Department of Agrarian Reform Adjudication Board (DARAB), are not courts of
law exercising judicial power. The power to issue writs of certiorari is an incident of
judicial review. Thus, administrative agencies may not issue writs of certiorari to
annul acts of officers or state organs even when they exercise supervisory authority
over these officers or organs.
ALBERTA DE JOYA IGLESIAS vs. THE OFFICE OF THE OMBUDSMAN
G.R. No. 180745 / August 30, 2017
In observing administrative due process, it is essential that the accused be accorded
the right to be informed of the accusations against him or her. Fair play requires that
the accused be equipped with the necessary information for the preparation of his or
her defense.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
DPWH vs. CMC
G.R. No. 179732 / September 13, 2017
As the administrative agency tasked with resolving issues pertaining to the
construction industry, the Construction Industry Arbitration Commission enjoys a
wide latitude in recognition of its technical expertise and experience. Its factual
findings are, thus, accorded respect and even finality, particularly when they are
affirmed by an appellate court.
TEODULFO E. LAO, JR. vs. LGU OF CAGAYAN DE ORO CITY
G.R. No. 187869 / September 13, 2017
Republic Act No. 7160, otherwise known as the Local Government Code, requires
prior authorization from the sangguniang panlungsod, law, or ordinance, before a city
mayor may sign a contract in behalf of the city. If the city mayor has no authority
from the sangguniang panlungsod to sign a contract, members of the sangguniang
panlungsod have standing to file a case to have this contract declared null and void.
BANGKO SENTRAL NG PILIPINAS vs. COMMISSION ON AUDIT
G.R. No. 213581 / September 19, 2017
Due process in administrative proceedings does not require the submission of
pleadings or a trial-type of hearing. However, due process requires that a party is
duly notified of the allegations against him or her and is given a chance to present
his or her defense.
OFFICE OF THE OMBUDSMAN vs. ANTONIO Z. DE GUZMAN
G.R. No. 197886 / October 04, 2017
The Postmaster General may only execute contracts for procurement of services with
the Board of Directors' approval. However, this lack of authority may be ratified
through the Board of Directors' silence or acquiescence. The ratification of the
unauthorized act does not necessarily mean that the contract is valid. If the contract
is executed without complying with the laws on procurement, the erring public official
may be held administratively liable.
VISAYAN ELECTRIC COMPANY, INC. vs. EMILIO G. ALFECHE
G.R. No. 209910 / November 29, 2017
An electric distribution company is a public utility presumed to have the necessary
expertise and resources to enable a safe and effective installation of its facilities.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
Absent an indication of fault or negligence by other actors, it is exclusively liable for
fires and other damages caused by its haphazardly installed posts and wires.
REPUBLIC OF THE PHILIPPINES vs. MICHELLE SORIANO GALLO
G.R. No. 207074 / January 17, 2018
Names are labels for one's identity. They facilitate social interaction, including the
allocation of rights and determination of liabilities. It is for this reason that the State
has an interest in one's name.
The name through which one is known is generally, however, not chosen by the
individual who bears it. Rather, it is chosen by one's parents. In this sense, the choice
of one's name is not a product of the exercise of autonomy of the individual to whom
it refers.
In view of the State's interest in names as markers of one's identity, the law requires
that these labels be registered. Understandably, in some cases, the names so
registered or other aspects of one's identity that pertain to one's name are not
reflected with accuracy in the Certificate of Live Birth filed with the civil registrar.
Changes to one's name, therefore, can be the result of either one of two (2) motives.
The first, as an exercise of one's autonomy, is to change the appellation that one was
given for various reasons. The other is not an exercise to change the label that was
given to a person; it is simply to correct the data as it was recorded in the Civil
Registry.
LAND BANK OF THE PHILIPPINES vs. RAUL T. MANZANO
G.R. No. 188243 / January 24, 2018
The final determination of just compensation is strictly within the original and
exclusive jurisdiction of the Special Agrarian Court. In expropriation cases, a party
cannot allege lack of due process when he or she was given every reasonable
opportunity to present his or her case before the courts. A judgment may be executed
pending appeal for good reasons, such as where the government belatedly pays the
just compensation for properties taken under the Comprehensive Agrarian Reform
Program. The delay in payment likewise requires the imposition of legal interest by
way of damages.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
OFFICE OF THE OMBUDSMAN vs. MARIA ROWENA REGALADO
G.R. Nos. 208481-82 / February 07, 2018
Public officers who, in the course of performing their regulatory functions, brazenly
extort money, incessantly haggle, bribe, knowingly use falsified copies of official
issuances to justify extortion, threaten to withhold benefits and services, deny
possession of official receipts to payors, profess undue influence over their
colleagues, and unabashedly exclaim that extortion and bribery are standards in the
government are guilty of grave misconduct. Their nefarious acts are an utter
disservice to the public, and undermine the entire civil service, thereby warranting
the termination of their stint in public service. The consummate atrocity of their ways
should not be mollified by the convenient excuses of being caught only for the first
time, and of solicited statements of support from supposedly satisfied clients that
speak of their purported good performance.
MANILA ELECTRIC COMPANY vs. NORDEC PHILIPPINES
G.R. No. 196020 / April 18, 2018
G.R. No. 196116 / April 18, 2018
A distribution utility is mandated to strictly comply with the legal requisites before
disconnecting an electric supply due to the serious consequences this disconnection
may have on the consumer.
To summarize, it is worth emphasizing that it is not our intention to impede or
diminish the business viability of MERALCO, or any public utility company for that
matter. On the contrary, we would like to stress that, being a public utility vested
with vital public interest, MERALCO is impressed with certain obligations towards its
customers and any omission on its part to perform such duties would be prejudicial
to its interest. For in the final analysis, the bottom line is that those who do not
exercise such prudence in the discharge of their duties shall be made to bear the
consequences of such oversight.
Should a distribution utility not exercise the standard of care required of it due to its
negligence in the inspection and repair of its apparatus, then it can no longer recover
the amounts of allegedly used but uncharged electricity.
MANILA ELECTRIC COMPANY vs. NORDEC PHILIPPINES
G.R. No. 196020 / April 18, 2018
A distribution utility is mandated to strictly comply with the legal requisites before
disconnecting an electric supply due to the serious consequences this disconnection
may have on the consumer.
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The Ridjo doctrine simply states that the public utility has the imperative duty to
make a reasonable and proper inspection of its apparatus and equipment to ensure
that they do not malfunction. Its failure to discover the defect, if any, considering the
length of time, amounts to inexcusable negligence; its failure to make the necessary
repairs and replace the defective electric meter installed within the consumer's
premises limits the latter's liability.
The use of the words "defect" and "defective" in the above-cited case does not restrict
the application of the doctrine to cases of "mechanical defects" in the installed electric
meters. A more plausible interpretation is to apply the rule on negligence whether
the defect is inherent, intentional or unintentional, which therefore covers tampering,
mechanical defects and mistakes in the computation of the consumers' billing.
KIM LIONG vs. PEOPLE OF THE PHILIPPINES
G.R. No. 200630 / June 04, 2018
The right to confront and cross-examine an adverse witness is a basic fundamental
constitutional right. However, this is personal to the accused, who can waive the
right.
JEROME R. CANLAS vs. GONZALO BENJAMIN A. BONGOLAN
G.R. No. 199625, June 06, 2018
The exoneration of public officers by the Ombudsman in a charge alleging grave
misconduct and a violation of Republic Act No. 3019 (ANTI-GRAFT AND CORRUPT
PRACTICES ACT), Section 3(g) is generally unappealable. Furthermore, any appeal
to the Supreme Court from such a case cannot be initiated by one who does not stand
to be benefited or injured by the results of the suit.
FAROUK B. ABUBAKAR vs. PEOPLE OF THE PHILIPPINES
G.R. No. 202408 / June 27, 2018
G.R. No. 202409
G.R. No. 202412
The rules on competitive public bidding and those concerning the disbursement of
public funds are imbued with public interest. Government officials whose work relates
to these matters are expected to exercise greater responsibility in ensuring
compliance with the pertinent rules and regulations. The doctrine allowing heads of
offices to rely in good faith on the acts of their subordinates is inapplicable in a
situation where there are circumstances that should have prompted the government
officials to make further inquiries.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
RE: MEMORANDUM DATED JULY 10, 2017 FROM ASSOCIATE JUSTICE
TERESITA J. LEONARDO-DE CASTRO
A.M. No. 17-07-05-SC / July 3, 2018
A.M. No. 18-02-13-SC
The rules on the appointment of personnel to the Judiciary, as clarified in this
Resolution, are amended. The delegation to the Chief Justice and the Chairpersons
of the Divisions in A.M. No. 99-12-08-SC (Referral of Administrative Matters and
Cases to the Divisions of the Court of to the Chief Justice and Chairmen of Divisions
for Appropriate Actions) of the power of appointment and revocation or renewal of
appointments of personnel in this Court, Court of Appeals, Sandiganbayan, Court of
Tax Appeals, the Lower Courts including the Sharia'h courts, the Philippine Judicial
Academy, and the Judicial and Bar Council shall not be deemed to include personnel
with salary grades 29 and higher, and those with judicial rank.
OFFICE OF THE OMBUDSMAN vs. LOVING F. FETALVERO, JR.
G.R. No. 211450 / July 23, 2018
Complainants in administrative proceedings carry the burden of proving their
allegations with substantial evidence or such "relevant evidence that a reasonable
mind might accept as adequate to support a conclusion."
CESAR MATAS CAGANG vs. SANDIGANBAYAN
G.R. Nos. 206438 and 206458 / July 31, 2018
G.R. Nos. 210141-42
Every accused has the rights to due process and to speedy disposition of cases.
Inordinate delay in the resolution and termination of a preliminary investigation will
result in the dismissal of the case against the accused. Delay, however, is not
determined through mere mathematical reckoning but through the examination of
the facts and circumstances surrounding each case. Courts should appraise a
reasonable period from the point of view of how much time a competent and
independent public officer would need in relation to the complexity of a given case.
Nonetheless, the accused must invoke his or her constitutional rights in a timely
manner. The failure to do so could be considered by the courts as a waiver of right.
MELKY CONCHA vs. PEOPLE OF THE PHILIPPINES
G.R. No. 208114 / October 03, 2018
An out-of-court identification such as a police show-up is inadmissible if it is tainted
with improper suggestions by police officers.
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
INTERNATIONAL CONTAINER TERMINAL SERVICES, INC. vs. THE CITY OF
MANILA
G.R. No. 185622 / October 17, 2018
If a party can prove that the resort to an administrative remedy would be an idle
ceremony such that it will be absurd and unjust for it to continue seeking relief that
evidently will not be granted to it, then the doctrine of exhaustion of administrative
remedies will not apply.
NAREDICO, INC., vs. KROMINCO, INC.
G.R. No. 196892 / December 05, 2018
In deference to its technical knowledge and expertise on matters falling within its
jurisdiction, the findings of fact of the Mines Adjudication Board, when supported by
substantial evidence, are binding on the Court of Appeals and on this Court.
ROEL R. DEGAMO vs. OFFICE OF THE OMBUDSMAN
G.R. No. 212416 / December 05, 2018
It bears stressing at this point that in one case, this Court enunciated that good faith
is a defense in criminal prosecutions for usurpation of official functions. The term
"good faith" is ordinarily used to describe that state of mind denoting "honesty of
intention, and freedom from knowledge of circumstances which ought to put the
holder upon inquiry; an honest intention to abstain from taking any unconscientious
advantage of another, even though technicalities of law, together with absence of all
information, notice, or benefit or belief of facts[,] which render transaction
unconscientious." Good faith is actually a question of intention and although
something internal, it can be ascertained by relying not on one's self-serving
protestations of good faith but on evidence of his conduct and outward acts.
QUIRINO T. DELA CRUZ vs. NATIONAL POLICE COMMISSION
G.R. No. 215545 / January 07, 2019
Procedural rules, we must stress, should be treated with utmost respect and due
regard since they are designed to facilitate the adjudication of cases to remedy the
worsening problem of delay in the resolution of rival claims and in the administration
of justice. The requirement is in pursuance to the [B]ill of [R]ights inscribed in the
Constitution which guarantees that "all persons shall have a right to the speedy
disposition of their cases before all judicial, quasi-judicial and administrative
bodies." The adjudicatory bodies and the parties to a case are thus enjoined to abide
strictly by the rules. While it is true that a litigation is not a game of technicalities, it
is equally true that every case must be prosecuted in accordance with the prescribed
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
procedure to ensure an orderly and speedy administration of justice. There have been
some instances wherein this Court allowed a relaxation in the application of the rules,
but this flexibility was "never intended to forge a bastion for erring litigants to violate
the rules with impunity." A liberal interpretation and application of the rules of
procedure can be resorted to only in proper cases and under justifiable causes and
circumstances.
This is not a case that calls for relaxation of the rules. This Court will not tolerate
abuse of police authority over civilians. Where a police officer has been shown to
have committed atrocities against a civilian, such as in this case, and is punished for
his actions, he will find no relief in this Court.
TERESITA S. LAZARO vs. COMMISSION ON AUDIT
G.R. No. 213323 / January 22, 2019
G.R. No. 213324
Public officers should not be held liable for disallowed transactions in which they did
not participate. Holding them liable without any proof of their participation in the
transaction is grave abuse of discretion.
RE: COMPLAINT-AFFIDAVIT OF ELVIRA N. ENALBES, REBECCA H. ANGELES
AND ESTELITA B. OCAMPO AGAINST FORMER CHIEF JUSTICE TERESITA J.
LEONARDO-DE CASTRO [RET.], RELATIVE TO G.R. NOS. 203063 AND
204743.
A.M. No. 18-11-09-SC / January 22, 2019
Courts are not unmindful of the right to speedy disposition of cases enshrined in the
Constitution. Magistrates are obliged to render justice in the swiftest way possible to
ensure that rights of litigants are protected. Nevertheless, they should not hesitate
to step back, reflect, and reevaluate their position even if doing so means deferring
the final disposition of the case. Indeed, justice does not equate with hastily giving
one's due if it is found to be prejudicial. At the end of the day, the duty of the courts
is to dispense justice in accordance with law.
While the 24-month period provided under the 1987 Constitution is persuasive, it
does not summarily bind this Court to the disposition of cases brought before it. It is
a mere directive to ensure this Court's prompt resolution of cases, and should not be
interpreted as an inflexible rule.
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REPUBLIC OF THE PHILIPPINES vs. BENJOHN FETALVERO
G.R. No. 198008 / February 04, 2019
Money claims against the government cannot be the subject of writs of execution
absent any showing that they have been brought before the Commission on Audit,
under this Court's Administrative Circular No. 10-2000 and Commission on Audit
Circular No. 2001-002.
BANGKO SENTRAL NG PILIPINAS vs. SPOUSES JUANITO AND VICTORIA
LEDESMA
G.R. No. 211176 / February 06, 2019
G.R. No. 211583 / February 06, 2019
In cases where the loan records which will serve as the basis for computing the excess
payments of the sugar producer are no longer available, the lending bank shall
immediately notify the BSP. The BSP shall then direct the claimant sugar producer to
submit documents in his possession which are acceptable to COA to substantiate his
claim. Such documents shall be submitted by the sugar producer to the lending bank
within sixty (60) calendar days from receipt of notification from the BSP.
EDILBERTO U. LAGASCA vs. COMMISSION ON ELECTIONS
G.R. No. 233016 / March 05, 2019
In a multi-slot office, all votes cast in favor of the nuisance candidate whose name is
confusingly similar to a bona fide candidate shall not be automatically credited in the
latter's favor. If the ballot contains one (1) vote for the nuisance candidate and no
vote for the bona fide candidate, that vote will be counted in the latter's favor.
However, if the nuisance candidate and the bona fide candidate each gets a vote,
only one (1) vote will be counted in the latter's favor.
SECRETARY OF AGRARIAN REFORM vs. HEIRS OF REDEMPTOR AND ELISA
ABUCAY
G.R. No. 186432 / March 12, 2019
G.R. No. 186964 / March 12, 2019
The jurisdiction over the administrative implementation of agrarian laws exclusively
belongs to the Department of Agrarian Reform Secretary. This is true even if the
dispute involves the cancellation of registered emancipation patents and certificates
of title, which, before Republic Act No. 9700 amended Republic Act No. 6657 or the
Comprehensive Agrarian Reform Law, was cognizable by the Department of Agrarian
Reform Adjudication Board.
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HA DATU TAWAHIG vs. PROSECUTOR I LINETH LAPINID
G.R. No. 221139 / March 20, 2019
The Philippine legal system's framework for the protection of indigenous peoples was
never intended and will not operate to deprive courts of jurisdiction over criminal
offenses. Individuals belonging to indigenous cultural communities who are charged
with criminal offenses cannot invoke Republic Act No. 8371, or the Indigenous
Peoples' Rights Act of 1997, to evade prosecution and liability under courts of law.
Petitioner derives no right from the Dadantulan Tribal Court to be spared from
criminal liability. The Regional Trial Court is under no obligation to defer to the
exculpatory pronouncements made by the Dadantulan Tribal Court. Instead, it must
proceed to rule on petitioner's alleged liability with all prudence and erudition.
LARRY
SABUCO
MANIBOG
G.R. No. 211214 / March 20, 2019
vs.
PEOPLE
OF
THE
PHILIPPINES
For a "stop and frisk" search to be valid, the totality of suspicious circumstances, as
personally observed by the arresting officer, must lead to a genuine reason to suspect
that a person is committing an illicit act. Consequently, a warrantless arrest not based
on this constitutes an infringement of a person's basic right to privacy.
KILUSANG MAYO UNO vs. HON. BENIGNO SIMEON C. AQUINO III
G.R. No. 210500, April 02, 2019
This court is not unmindful of the fundamental criteria in cases of this nature that all
reasonable doubts should be resolved in favor of the constitutionality of a statute. An
act of the legislature approved by the executive, is presumed to be within
constitutional limitations. The responsibility of upholding the Constitution rests not
on the courts alone but on the legislature as well. "The question of the validity of
every statute is first determined by the legislative department of the government
itself." . . . And a statute finally comes before the courts sustained by the sanction of
the executive. The members of the Legislature and the Chief Executive have taken
an oath to support the Constitution and it must be presumed that they have been
true to this oath and that in enacting and sanctioning a particular law they did not
intend to violate the Constitution. The courts cannot but cautiously exercise its power
to overturn the solemn declarations of two of the three grand departments of the
government. . . . Then, there is that peculiar political philosophy which bids the
judiciary to reflect the wisdom of the people as expressed through an elective
Legislature and an elective Chief Executive. It follows, therefore, that the courts will
not set aside a law as violative of the Constitution except in a clear case. This is a
proposition too plain to require a citation of authorities.
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MICHAEL C. GUY vs. RAFFY TULFO
G.R. No. 213023 / April 10, 2019
The degree of freedom by which journalists operate to uncover and write the news is
an indication of the current state of our country's democracy. By freely obtaining vital
information on matters of public concern, citizens become socially aware and wellequipped to participate in different political processes to exercise their rights
enshrined in the fundamental law. Journalists are the sentinels who keep watch over
the actions of the government. They are the eyes and ears of the citizenry. In today's
digital age, the work of journalists is held to a higher standard more than ever.
Beyond the multitude that participate on social media, they have value as part of a
profession that should be trusted with the truth.
Nevertheless, the probing done by journalists must be made "with good motives and
for justifiable ends[.]” The protection afforded by the Constitution to the press is not
carte blanche that allows journalists to abandon their responsibility for truth and
transparency. It is incumbent upon them to exercise a high degree of professionalism
in their work, regardless of the subject of their stories.
MARILYN R. YANGSON vs. DEPARTMENT OF EDUCATION
G.R. No. 200170 / June 03, 2019
Reassignments differ from transfers, and public employees with appointments that
are not station-specific may be reassigned to another station in the exigency of public
service.
ADELAIDO ORIONDO vs. COMMISSION ON AUDIT
G.R. No. 211293 / June 04, 2019
A corporation, whether with or without an original charter, is under the audit
jurisdiction of the Commission on Audit so long as the government owns or has
controlling interest in it.
WILLIAM G. KWONG MANAGEMENT, INC. vs. DIAMOND HOMEOWNERS &
RESIDENTS ASSOCIATION
G.R. No. 211353 / June 10, 2019
A homeowners' association may regulate passage into a subdivision for the safety
and security of its residents, even if its roads have already been donated to the local
government. It has the right to set goals for the promotion of safety and security,
peace, comfort, and the general welfare of its residents.
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GOVERNMENT SERVICE INSURANCE SYSTEM vs. MUNICIPAL AGRARIAN
REFORM OFFICER ROMERICO DATOY
G.R. No. 232863 / July 24, 2019
Lands foreclosed by the Government Service Insurance System, a government
financial institution, are subject to agrarian reform and are not among the
Comprehensive Agrarian Reform Law's exclusive list of exemptions and exclusions.
The exemptions under RA 6657 (Comprehensive Agrarian Reform Law) form an
exclusive list, as follows:
SEC. 10. Exemptions and Exclusions. (a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves
shall be exempt from the coverage of this Act.
(b) Private lands actually, directly and exclusively used for prawn farms and fishponds
shall be exempt from the coverage of this Act: Provided, That said prawn farms and
fishponds have not been distributed and Certificate of Land Ownership Award (CLOA)
issued under the Agrarian Reform Program.
In cases where the fishponds or prawn farms have been subjected to the
Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms
deferment or notices of compulsory acquisition, a simple and absolute majority of the
actual regular workers or tenants must consent to the exemption within one (1) year
from the effectivity of this Act. When the workers or tenants do not agree to this
exemption, the fishponds or prawn farms shall be distributed collectively to the
worker-beneficiaries or tenants who shall form cooperative or association to manage
the same.
In cases where the fishponds or prawn farms have not been subjected to the
Comprehensive Agrarian Reform Law, the consent of the farmworkers shall no longer
be necessary; however, the provision of Section 32-A hereof on incentives shall
apply.
(c) Lands actually, directly and exclusively used and found to be necessary for
national defense, school sites and campuses, including experimental farm stations
operated by public or private schools for educational purposes, seeds and seedlings
research and pilot production center, church sites and convents appurtenant thereto,
mosque sites and Islamic centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates,
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2020.21 JUSTICE MARVIC LEONEN CASE DOCTRINES
government and private research and quarantine centers and all lands with eighteen
percent (18%) slope and over, except those already developed, shall be exempt from
the coverage of this Act. (As amended by R.A. 7881)
PEOPLE OF THE PHILIPPINES vs. JAIME SISON
G.R. No. 238453 / July 31, 2019
To be valid, searches must proceed from a warrant issued by a judge. While there
are exceptions to this rule, warrantless searches can only be carried out when
founded on probable cause, or "a reasonable ground of suspicion supported by
circumstances sufficiently strong in themselves to warrant a cautious man to believe
that the person accused is guilty of the offense with which he is charged." There must
be a confluence of several suspicious circumstances. A solitary tip hardly suffices as
probable cause; items seized during warrantless searches based on solitary tips are
inadmissible as evidence.
In offenses involving illegal drugs, narcotics or related items establish the commission
of the crime charged. They are the corpus delicti of the offense.3The inadmissibility
of illegally seized evidence that forms the corpus delicti dooms the prosecution's
cause. Without proof of corpus delicti, no conviction can ensue, and acquittal is
inexorable.
PEOPLE OF THE PHILIPPINES vs. ALAN BANDING Y ULAMA
G.R. No. 233470 / August 14, 2019
The constitutional rights of those who stand to be deprived of life, liberty, and
property in a criminal charge involving illegal drugs demand fidelity to the chain of
custody rule. To this end, no conviction may ensue where there is reasonable doubt
on the confiscated drugs' identity.
PHILIPPINE INSTITUTE FOR DEVELOPMENT STUDIES vs. COMMISSION ON
AUDIT
G.R. No. 212022 / August 20, 2019
The doctrine of qualified political agency acknowledges the multifarious executive
responsibilities that demand a president's attention, such that the delegation of
control power to his or her Cabinet becomes a necessity. Unless the Constitution or
law provides otherwise, Cabinet members have the president's imprimatur to
exercise control over the offices and departments under their respective jurisdictions,
which authority nonetheless remains subject to the president's disapproval or
reversal.
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RICARDO E. ROTORAS vs. COMMISSION ON AUDIT
G.R. No. 211999 / August 20, 2019
The special trust fund of a state university or college shall only be used for instruction,
research, extension, or similar programs or projects. The members of governing
boards and officials who approved an allowance or benefit that has been disallowed
are obliged to return what they have received. The defense of good faith is no longer
available to them. Neither is the defense available to the rank and file should the
allowance or benefit be the subject of collective negotiation agreement negotiations.
JESUS NICARDO M. FALCIS, III vs. CIVIL REGISTRAR GENERAL
G.R. No. 217910 / September 03, 2019
Cultural hegemony often invites people to conform to its impositions on their
identities. Yet, there are some who, despite pressures, courageously choose to be
authentic to themselves. This case is about the assurance of genuine individual
autonomy within our constitutional legal order. It is about the virtue of tolerance and
the humane goal of non-discrimination. It is about diversity that encourages
meaningful—often passionate—deliberation. Thus, it is about nothing less than the
quality of our freedom.
JESUS NICARDO M. FALCIS, III vs. CIVIL REGISTRAR GENERAL
G.R. No. 217910 / September 03, 2019
It is not enough that laws or regulations have been passed or are in effect when their
constitutionality is questioned. The judiciary interprets and applies the law. "It does
not formulate public policy, which is the province of the legislative and executive
branches of government." Thus, it does not—by the mere existence of a law or
regulation—embark on an exercise that may render laws or regulations inefficacious.
Lest the exercise of its power amount to a ruling on the wisdom of the policy imposed
by Congress on the subject matter of the law, the judiciary does not arrogate unto
itself the rule-making prerogative by a swift determination that a rule ought not exist.
There must be an actual case, "a contrast of legal rights that can be interpreted and
enforced on the basis of existing law and jurisprudence."
SOLICITOR GENERAL JOSE C. CALIDA vs. SENATOR ANTONIO "SONNY"
TRILLANES IV
G.R. No. 240873 / September 03, 2019
Although there is no provision in the Constitution expressly investing either House of
Congress with power to make investigations and exact testimony to the end that it
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may exercise its legislative functions advisedly and effectively, such power is so far
incidental to the legislative function as to be implied. In other words, the power of
inquiry—with process to enforce it—is an essential and appropriate auxiliary to the
legislative function. A legislative body cannot legislate wisely or effectively in the
absence of information respecting the conditions which the legislation is intended to
affect or change; and where the legislative body does not itself possess the requisite
information—which is not infrequently true—recourse must be had to others who do
possess it.
SOLICITOR GENERAL JOSE C. CALIDA vs. SENATOR ANTONIO "SONNY"
TRILLANES IV
G.R. No. 240873 / September 03, 2019
Nonetheless, despite the constitutional grant, the power of both the House of
Representatives and the Senate to conduct investigations in aid of legislation is not
absolute. The Court explained in one case that that an investigation in aid of
legislation must comply with the rules of procedure of each House of Congress, and
must not violate the individual rights enshrined in the Bill of Rights.
JOSEPH VILLASANA Y CABAHUG vs. PEOPLE OF THE PHILIPPINES
G.R. No. 209078 / September 04, 2019
Evidence seized as a result of an illegal warrantless arrest cannot be used against an
accused pursuant to Article III, Section 3(2) of the Constitution. Even if the seizure
was reasonable, the arresting officers' unjustified noncompliance with the legal
safeguards under Section 21 of Republic Act No. 9165 compromises the integrity of
the confiscated drug. This creates reasonable doubt on the conviction of the accused
for illegal possession of dangerous drugs.
FIL-ESTATE PROPERTIES, INC. vs. PAULINO REYES
G.R. No. 152797 / September 18, 2019
G.R. No. 189315
G.R. No. 200684
The Department of Agrarian Reform is vested with primary jurisdiction to determine
and adjudicate agrarian reform matters and has exclusive original jurisdiction over
all matters involving the implementation of the Comprehensive Agrarian Reform Law.
In carrying out its mandate, the Department of Agrarian Reform, through its
Secretary, may investigate acts that are directed toward the circumvention of the
law's objectives. Its findings are accorded great weight and respect, especially when
supported by substantial evidence.
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MARIO JOEL T. REYES vs. PEOPLE OF THE PHILIPPINES
G.R. No. 237172 / September 18, 2019
The approval of small scale mining permits is a discretionary act of provincial
governors. A provincial governor is considered to have been grossly and inexcusably
negligent in renewing a small scale mining permit despite knowing that the extraction
limits have already been exhausted by the applicant mining company.
Likewise, the grant of bail after a judgment of conviction is discretionary upon the
courts. Bail may be denied if the courts find any of the circumstances present in Rule
114, Section 5 of the Rules of Court.
GREGORIO TELEN Y ICHON
G.R. No. 228107 / October 09, 2019
vs.
PEOPLE
OF
THE
PHILIPPINES
For a "stop and frisk" search to be valid, it must be supported by evidence such that
the totality of the suspicious circumstances observed by the arresting officer led him
or her to believe that an accused was committing an illicit act. A warrantless arrest
not based on this is a violation of the accused's basic right to privacy.
ERIC F. ACOSTA vs. HON. PAQUITO N. OCHOA
G.R. No. 211559 / October 15, 2019
G.R. No. 211567
G.R. No. 212570
G.R. No. 215634
There is no constitutional right to bear arms. Neither is the ownership or possession
of a firearm a property right. Persons intending to use a firearm can only either accept
or decline the government's terms for its use.
The grant of license, however, is without prejudice to the inviolability of the home.
The right of the people against unreasonable searches and seizures remains
paramount, and the government, in the guise of regulation, cannot conduct
inspections of applicants for firearm licenses unless armed with a search warrant.
DEPARTMENT OF FINANCE REVENUE INTEGRITY PROTECTION SERVICE
(DOF-RIPS) vs. EDITA CRUZ YAMBAO
G.R. No. 220632 / November 06, 2019
G.R. No. 220634
In one case, the Supreme Court held that the corrective action (opportunity to correct
the defects in Statements of Assets, Liabilities, and Net Worth) to be allowed should
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only refer to typographical or mathematical rectifications and explanation of disclosed
entries. It does not pertain to hidden, undisclosed or undeclared acquired assets
which the official concerned intentionally concealed by one way or another like, for
instance, the use of dummies. There is actually no hard and fast rule. If income has
been actually reported to the BIR in one's ITR, such fact can be considered a sign of
good faith.
DEVIE ANN ISAGA FUERTES vs. THE SENATE OF PHILIPPINES
G.R. No. 208162 / January 07, 2020
Section 14, paragraph 4 of the Anti-Hazing Law, which provides that an accused's
presence during a hazing is prima facie evidence of his or her participation, does not
violate the constitutional presumption of innocence. This disputable presumption is
also not a bill of attainder.
This Court has upheld the constitutionality of disputable presumptions in criminal
laws. The constitutional presumption of innocence is not violated when there is a
logical connection between the fact proved and the ultimate fact presumed. When
such prima facie evidence is unexplained or not contradicted by the accused, the
conviction founded on such evidence will be valid. However, the prosecution must
still prove the guilt of the accused beyond reasonable doubt. The existence of a
disputable presumption does not preclude the presentation of contrary evidence.
Those who object to, intervene against, or attempt to stop the despicable or
inhumane traditions or rituals of an organization or institution may be branded
as duwag, nakakahiya, walang pakisama, traydor. Section 14, paragraph 4 of the
Anti-Hazing Law turns cowardice into virtue, shame into strength, and disobedience
into heroism. More than that, this serves as a grave warning that failing to act—
knowing fully well that others are being traumatized, injured, maimed, or killed—
does not make a person only an observer or witness. It makes them a perpetrator.
REPUBLIC OF THE PHILIPPINES
PALAWAN
G.R. No. 170867 / January 21, 2020
G.R. No. 185941 / January 21, 2020
vs.
PROVINCIAL
GOVERNMENT
OF
[An] order, constituting executive or contemporaneous construction of a statute by
an administrative agency charged with the task of interpreting and applying the
same, is entitled to full respect and should be accorded great weight by the courts,
unless such construction is clearly shown to be in sharp conflict with the Constitution,
the governing statute, or other laws.
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Thus, this Court will give due weight to the executive branch's interpretation and
implementation of "equitable share" and "territorial jurisdiction" in Article 290
[Amount of Share of Local Government Units] of the Local Government Code.
This contemporaneous construction will be upheld unless it is in clear conflict with
the Constitution, the statute being interpreted, or other laws.
OFFICE OF THE DEPUTY OMBUDSMAN FOR MINDANAO vs. ANTONIETA A.
LLAUDER
G.R. No. 219062 / January 29, 2020
Government employees must perform their duties with utmost care and
responsibility, and must be held accountable for their actions at all times. There is
gross neglect of duty when one's actions, even if not willfully or intentionally done to
cause harm, are characterized by want of even slight care and a blatant indifference
to the consequences of one's actions to other persons.
REPUBLIC OF THE PHILIPPINES vs. WINSTON BRIAN CHIA LAO AND
CHRISTOPHER TROY CHIA LAO
G.R. No. 205218 / February 10, 2020
G.R. No. 207075 / February 10, 2020
The birth certificate, more than a historical record of one's birth, is a vital marker of
identity. Therefore, acts and events, though occurring after birth, may be annotated
on the birth certificate so long as they are consistent with a legal truth and a special
law provides for its effects.
REPUBLIC OF THE PHILIPPINES vs. SANDIGANBAYAN (SPECIAL SECOND
DIVISION)
G.R. No. 231144 / February 19, 2020
While the Constitution guarantees the right of the accused to speedy disposition of
cases, this constitutional right is not a magical invocation which can be cunningly
used by the accused for his or her advantage. This right is not a last line of remedy
when accused find themselves on the losing end of the proceedings. The State's duty
to prosecute cases is just as equally important and cannot be disregarded at the
whim of the accused, especially when it appears that the alleged violation was raised
as a mere afterthought.
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NATIONAL FEDERATION OF HOG
INVESTMENTS, LUCITA P. REYES
G.R. No. 205835 / June 23, 2020
FARMERS,
INC.
vs.
BOARD
OF
[W]hile foreign participation is absolutely prohibited in some industries, the
Constitution allows foreign participation in certain industries, such as advertising,
public utilities, educational institutions, ownership of private lands, and the
exploration, development, and utilization of natural resources.
Despite these constitutional restrictions, it is not far-fetched to consider that the
Philippines adopts a liberal approach in allowing foreign investments to enter the
country. What the Constitution only restricted from foreign investors were enterprises
imbued with public interest, such as public utilities, mass media, and use of natural
resources. These restrictions are necessary to protect the welfare of Filipino citizens
by removing the possibility of exploitation by foreign investors, who are not fully
within the jurisdiction of Philippine laws.
JULIE PARCON-SONG vs. LILIA B. PARCON
G.R. No. 199582 / July 7, 2020
[A] foreign bank can now participate in foreclosure sales of real property mortgaged
to it, and even possess it. There are limitations, namely: (a) the possession must be
limited to five years; (b) the property title shall not be transferred to it; and (c) within
the five-year period, it must transfer its rights to a qualified Philippine national. In
case a foreign bank fails to transfer the property, it will be liable to pay half of 1 %
per annum of the foreclosure price until it transfers the property.
JULIE PARCON-SONG vs. LILIA B. PARCON
G.R. No. 199582 / July 7, 2020
Courts are obligated to presume that the acts of Congress are valid, unless the
contrary is clearly shown. Thus, courts avoid resolving the constitutionality of a law
if the case can be ruled on other grounds. The question of constitutionality will only
be passed upon if it is indispensable to the resolution of the case, but it cannot be
raised collaterally.
ALLIANCE OF NON-LIFE INSURANCE WORKERS OF THE PHILIPPINES vs.
HON. LEANDRO R. MENDOZA
G.R. No. 206159 / August 26, 2020
An implied repeal will only be sustained upon a showing of a law-making body's
manifest intention that the later regulation supersedes an earlier one. Necessarily,
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the enactment of the superseding regulation which repeals an earlier regulation
subject of a court action moots the case.
SHARON FLORES-CONCEPCION vs. JUDGE LIBERTY 0. CASTANEDA
A.M. No. RTJ-15-2438 [Formerly OCA I.P.I. No.11-3681-RTJ] / September 2, 2020
[W]hen the respondent in a pending administrative case dies, the case must be
rendered moot. Proceeding any further would be to violate the respondent's
fundamental right to due process. Should it be a guilty verdict, any monetary penalty
imposed on the dead respondent's estate only works to the detriment of their heirs.
To continue with such cases would not punish the perpetrator, but only subject the
grieving family to further suffering by passing on the punishment to them.
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Case Digests for Bar Exams
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