[ G.R. No. 207856, November 18, 2020 ]
PHILIPPINE NATIONAL BANK, PETITIONER, VS. LORENZO T. BAL, JR.,
RESPONDENT
Is solidary liability always presumed?
Settled is the rule that solidarity is never presumed. There is solidary liability when the obligation
so states, or when the law or the nature of the obligation requires the same, which are unavailing
in the instant case.
[ G.R. No. 200484, November 18, 2020 ]
PASCUAL PURISIMA, JR., LEONARDO PURISIMA, EUFRATA PURISIMA, AND
ESTELITA DAGUIO, PETITIONERS, VS. MACARIA PURISIMA AND SPOUSES
ERLINDA AND DANIEL MEDRANO, RESPONDENTS.
What is the nature of the Petition for Review on Certiorari?
It is a remedy under the law which is confined to settling questions of law and not questions of
facts. The settled rule is that only questions of law may be raised in a petition under Rule 45 of the
Rules of Court. This review includes assessment of the "probative value of the evidence
presented." There is also a question of fact when the issue presented before this Court is the
correctness of the lower courts' appreciation of the evidence presented by the parties. Delving on
questions of facts is merely discretionary on this Court and subject only to the limited exceptions
as stated above.
How is a Contract of Sale perfected?
A contract of sale, whether oral or written, is classified as a consensual contract, which means that
the sale is perfected by mere consent and no particular form is required for its validity. Consequent
to every sale is the transfer of ownership in exchange for a price paid or promised. This may be
gleaned from Article 1458 of the Civil Code which defines a contract of sale as follows:
Art. 1458. By the contract of sale one of the contracting parties obligates himself to transfer the
ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money
or its equivalent.
What is an Action for Reconveyance?
An action for reconveyance of property based on an implied or constructive trust is the proper
remedy of an aggrieved party whose property had been erroneously registered in another's name.
The prescriptive period for the reconveyance of registered property is ten years, reckoned from the
date of the issuance of the certificate of title. However, the ten-year prescriptive period for an
action for reconveyance is not applicable where the complainant is in possession of the land to be
reconveyed and the registered owner was never in possession of the disputed property. In such a
case, the action for reconveyance filed by the complainant who is in possession of the disputed
property would be in the nature of an action to quiet title which is imprescriptible.
[ G.R. No. 242513, November 18, 2020 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARMANDO BUEZA Y
RANAY, ACCUSED-APPELLANT.
How is Robbery with Rape committed?
Robbery with Rape is penalized under Article 294 of the Revised Penal Code (RPC), as amended
by Section 9 of RA 7659. It contemplates a situation where the original intent of the accused was
to take, with intent to gain, personal property belonging to another and Rape is committed on the
occasion thereof or as an accompanying crime.17
The following elements must concur in the crime of Robbery with Rape: (1) the taking of personal
property is committed with violence or intimidation against persons; (2) the property taken belongs
to another; (3) the taking is characterized by intent to gain or animus lucrandi; and (4) the Robbery
is accompanied by Rape.18
Does an intact hymen negate the finding of rape?
[T]he absence of hymenal laceration does not exclude the existence of rape. Such explanation is
also consistent with the well settled rule that in rape cases, the absence of lacerations in
complainant's hymen does not prove that she was not raped. Neither does the lack of semen belie
sexual abuse as it is equally settled that 'the absence of sperm samples in the vagina of the victim
does not negate rape, because the [presence] of spermatozoa is not an element thereof.'21
People v. Opong22 held in no uncertain terms that:
An intact hymen does not negate a finding that the victim was raped, and a freshly broken hymen
is not an essential element of rape.
xxxx
In People v. Palicte and in People v. Castro, the rape victims involved were minors. The medical
examination showed that their hymen remained intact even after the rape. Even then, we held that
such fact is not proof that rape was not committed.23
More recently, the Court held in People v. Pamintuan24 that:
The presence or absence of injuries would depend on different factors, such as the forcefulness of
the insertion, the size of the object inserted, the method by which the injury was caused, the
changes occurring in a female child's body, and the length of healing time, if indeed injuries were
caused. Thus, the fact that AAA did not sustain any injury in her sex organ does not ipso facto
mean that she was not raped.25
What are the elements or Grave Threats?
Article 282 of the RPC holds liable for Grave Threats, "any person who shall threaten another with
the infliction upon the person, honor, or property of the latter or of his family of any wrong
amounting to a crime[.]" The crime is consummated as soon as the threats come to the knowledge
of the person threatened.28
In this case, it is clear that accused-appellant's threat to kill the private complainant is a wrong on
the person amounting to, at the very least, homicide under the RPC. The felony of Grave Threats
was consummated the moment she heard Bueza utter his threatening remarks. The appellate court
correctly ruled that it was inconsequential that the threat was made in the presence of a number of
people since the offense does not require that it be committed in private.
[ A.C. No. 9417, November 18, 2020 ]
JOHN PAUL KIENER, COMPLAINANT, VS. ATTY. RICARDO R. AMORES,
RESPONDENT.
How does a lawyer become administratively liable for violating the Rules on Notarial
Practice?
A lawyer should be held administratively liable for violating the Rules on Notarial Practice when
he notarized a document without the presence of the signatory and failed to indicate his
commission number in the notarial certificate.
It is settled that "notarization is not an empty, meaningless routinary act, but one invested with
substantive public interest. Notarization converts a private document into a public document,
making it admissible in evidence without further proof of its authenticity. Thus, a notarized
document is, by law, entitled to full faith and credit upon its face. It is for this reason that a notary
public must observe with utmost care the basic requirements in the performance of his notarial
duties; otherwise, the public's confidence in the integrity of a notarized document would be
undermined."50 Atty. Amores is, therefore, bound to strictly comply with these notarial rules.
A notary public is empowered to perform a variety of notarial acts, one of which is a jurat. Atty.
Amores performed a jurat when he notarized the Secretary's Certificate with Irene signing as the
Corporate Secretary. Rule II, Section 6 of the Rules on Notarial Practice defines a jurat as:
What is a Jurat?
Section 6. Jurat. — "Jurat" refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.
May a Notary Public perform a notarial act if the signatory is not in his/her presence at the
time of the notarization?
Rule IV, Section 2 of the same rules further provides:
xxxx
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument
or document —
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules.
This provision bolsters the requirement of physical appearance as it prohibits the notary public
from performing a notarial act if the signatory is not in his/her presence at the time of the
notarization.
In Prospero v. Delos Santos,51 the Court emphasized that "a notary public should not notarize a
document unless the person who signed the same is the very same person who executed and
personally appeared before him to attest to the contents and the truth of what are stated therein.
Without the appearance of the person who actually executed the document in question, the notary
public would be unable to verify the genuineness of the signature of the acknowledging party and
to ascertain that the document is the party's free act or deed."
[ G.R. No. 225781, November 16, 2020 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. XXX,[1] ACCUSEDAPPELLANT.
What is the gravamen of the crime of Rape?
The gravamen of the crime of Rape is carnal knowledge of a woman against her will.25 The
following elements must be proven beyond reasonable doubt for the conviction of the accused in
the crime of Rape: (i) that the accused had carnal knowledge of the victim; and (ii) the act was
accomplished (a) through the use of force or intimidation; or (b) when the victim is deprived of
reason or otherwise unconscious; or (c) when the victim is 12 years of age, or is demented.
When and how is Rape committed?
Article 266-A. Rape: When and How Committed. — Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.56 (Emphasis supplied)
Rape shall be qualified and the death penalty shall be imposed under paragraph 1 of Article 266B of the RPC if it is committed by a parent against his child who is below eighteen (18) years old
How is Rape qualified?
The rule is that "in order for an accused to be convicted of qualified rape, the Information must
allege that the victim is under eighteen (18) years of age at the time of rape and the accused is the
victim's parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within the
third civil degree, or common-law spouse of the victim's parent. These are special qualifying
circumstances which alter the nature of the crime of rape and warrant the increase of the imposable
penalty."
[ G.R. No. 221602, November 16, 2020 ]
RICARDO ALBOTRA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
How is the crime of Theft committed?
ARTICLE 308. Who are liable for theft. — Theft is committed by any person who, with intent to
gain but without violence against, or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities
or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm products.
"The essential elements of Theft are: (1) taking of personal property; (2) the property taken belongs
to another; (3) the taking was done without the owner's consent; (4) there was intent to gain; and
(5) the taking was done without violence against or intimidation of the person or force upon
things."25
Is regularity of performance always presumed?
There is a presumption of regular performance of official duty only when there is nothing on record
that would arouse suspicions of irregularity.
In this case, the acts of accused-appellant were proved irregular. Hence, the legal presumption of
regularity in the performance of official duty does not lie. Accused-appellant testified: on the date
in question, he caught Quintin counting and distributing masiao tips; he was able to get the bag
containing masiao tips from Quintin, but the latter was able to escape; he turned over the bag
containing masiao tips and the list of names to the Sogod Police Station on 22 June 2000 at 6:30
a.m; he filed a case for illegal gambling against an unidentified person but the same was dismissed.
While accused-appellant claims [that] he filed a case for illegal gambling against a person but the
same was dismissed, no proof (aside from his self-serving testimony) was adduced in this regard.
Moreover, accused-appellant did not produce the bag and masiao tips he allegedly confiscated
from Quintin, which are the corpus delicti of the crime committed by Quintin.29
Does siscrepancies or inconsistencies in the testimonies impair the credibility of the
witnesses?
Discrepancies or inconsistencies in the testimonies of the witnesses pertaining to minor details,
not touching upon the central fact of the crime, do not impair the credibility of the witnesses; on
the contrary, they even tend to strengthen the credibility of the witnesses since they discount the
possibility of witnesses being rehearsed.
G.R. No. 191359, November 11, 2020
LUCILA PURIFICACION,* Petitioner, v. CHARLES T. GOBING AND ATTY. JAIME
VILLANUEVA, Respondents.
Under the Agricultural Land Reform Code when does an action prescribe?
Section 38 of RA No. 3844, otherwise known as the Agricultural Land Reform Code,
provides:cralawred
SECTION 38. Statute of Limitations. - An action to enforce any cause of action under this
Code shall be barred if not commenced within three years after such cause of action
accrued.
Section 2, Rule 2 of the Rules of Court defines a cause of action as the "act or omission
by which a party violates a right of another". In the instant case, Lucila's cause of action
arose when the Purificacion spouses executed the notarized Malayang Salaysay dated
July 1, 1993. In the said document, the Purificacion spouses relinquished their tenancy
rights in favor of the former landowners in exchange for P1,046,460.00, representing their
disturbance compensation.35
However, in view of the period prescribed under Section 38 of RA No. 3844, an action to
enforce any cause of action under the Code shall be barred if not commenced within three
years after such cause of action accrued.
Are decisions of administrative bodies controlling?
Well settled is the rule that findings of fact of administrative bodies, such as the DARAB
in the instant case, if based on substantial evidence, and especially if affirmed by the
appellate court, are controlling on the reviewing authority. Administrative decisions on
matters within their jurisdiction are entitled to respect and can only be set aside on proof
of grave abuse of discretion, fraud or error of law, none of which obtains in this case.
[ G.R. No. 218277, November 09, 2020 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. XXX[1],
ACCUSED-APPELLANT.
When does Rape shall be qualified and the death penalty shall be imposed?
Under paragraph 1 of Article 266-B of the RPC, rape shall be qualified and the death penalty shall
be imposed if it is committed by a parent against his child who is below eighteen (18) years
old, viz.:
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished
by reclusion perpetua.
xxxx
The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the
common law spouse of the parent of the victim;57xxx
We entertain no doubt that accused-appellant is guilty of raping AAA. However, there is a need to
correct the nomenclature of the crime committed.
The elements of Qualified Rape are: "(1) sexual congress; (2) with a woman; (3) done by force
and without consent; (4) the victim is under [eighteen] years of age at the time of the rape; and (5)
the offender is a parent (whether legitimate, illegitimate or adopted) of the victim.”
What is the purpose of requiring the elements of a crime to be set out in the Information?
The main purpose of requiring the elements of a crime to be set out in the Information is to enable
the accused to suitably prepare his defense because he is presumed to have no independent
knowledge of the facts that constitute the offense. The allegations of facts constituting the offense
charged are substantial matters and the right of an accused to question his conviction based on
facts not alleged in the information cannot be waived. As further explained in Andaya v. People:
No matter how conclusive and convincing the evidence of guilt may be, an accused cannot be
convicted of any offense unless it is charged in the information on which he is tried or is necessarily
included therein. To convict him of a ground not alleged while he is concentrating his defense
against the ground alleged would plainly be unfair and underhanded. The rule is that a variance
between the allegation in the information and proof adduced during trial shall be fatal to the
criminal case if it is material and prejudicial to the accused so much so that it affects his substantial
rights. (Emphasis supplied; citations omitted.)
[ A.C. No. 11119, November 04, 2020 ]
ATTY. JOSEPH VINCENT T. GO, COMPLAINANT, VS. ATTY. VIRGILIO T.
TERUEL, RESPONDENT.
How is Forum Shopping committed?
It is well-settled that "[t]he essence of forum shopping is the filing of multiple suits involving the
same parties for the same cause of action, either simultaneously or successively, for the purpose
of obtaining a favorable judgment. It exists when, as a result of an adverse opinion in one forum,
a party seeks a favorable opinion in another, or when he institutes two or more actions or
proceedings grounded on the same cause to increase the chances of obtaining a favorable decision.
An important factor in determining its existence is the vexation caused to the courts and the partieslitigants by the filing of similar cases to claim substantially the same reliefs. Forum shopping exists
where the elements of litis pendentia are present or where a final judgment in one case will
amount to res judicata in another."35
What is the effect of failure to comply with the foregoing requirements of Forum Shopping?
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall constitute indirect
contempt of court, without prejudice to the corresponding administrative and criminal actions. If
the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the
same shall be ground for summary dismissal with prejudice and shall constitute direct contempt,
as well as a cause for administrative sanctions.
When is Forum Shopping deemed committed?
There is no qualification that the pleadings should first be accepted by the tribunal/agency or
properly docketed before forum shopping could be deemed committed. It is enough that the party
concerned filed multiple actions involving the same parties, cause/s of action, and relief/s before
a court, tribunal, or agency. The intent of the individual who files multiple complaints to secure a
favorable ruling is what is being sought to be penalized.