MATEO CARIO vs THE INSULAR GOVERNMENT

On June 23, 1903, Mateo Cario went to the Court of Land Registration to petition his inscription as the owner of a 146 hectare land hes been possessing in the then municipality of Baguio. Mateo only presented possessory information and no other documentation. The State opposed the petition averring that the land is part of the US military reservation. The CLR ruled in favor of Mateo. The State appealed. Mateo lost. Mateo averred that a grant should be given to him by reason of immemorial use and occupation as in the previous case Cansino vs Valdez & Tiglao vs Government. ISSUE: Whether or not Mateo is the rightful owner of the land by virtue of his possession of it for some time. HELD: No. The statute of limitations did not run against the government. The government is still the absolute owner of the land (regalian doctrine). Further, Mateos possession of the land has not been of such a character as to require the presumption of a grant. No one has lived upon it for many years. It was never used for anything but pasturage of animals, except insignificant portions thereof, and since the insurrection against Spain it has apparently not been used by the petitioner for any purpose. While the State has always recognized the right of the occupant to a deed if he proves a possession for a sufficient length of time, yet it has always insisted that he must make that proof before the proper administrative officers, and obtain from them his deed, and until he did the State remained the absolute owner.

Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of anothers residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his beliefs, lowly station in life, place of birth, physical defect, or other personal condition. In sum, the Court holds that the Complaint alleges sufficient causes of action against respondents, and that it should not have been summarily dismissed. Needless to say, the Court is not holding respondents liable for the acts complained of. That will have to be ruled upon in due course by the court a quo. The trial court is DIRECTED to reinstate the Complaint and, with all deliberate speed, to continue the proceedings in Civil Case No. U-7541. No costs.

MARY CONCEPCION-BAUTISTA VS COMMISSION APPOINTMENTS & MALLILLIN

Because of the fact that the president submitted to the CoA on 14 Jan 1989 the appointment of Bautista, the CoA argued that the president though she has the sole prerogative to make CHR appointments may from time to time ask confirmation with the CoA. This is untenable according to the SC. The Constitution has blocked off certain appointments for the President to make with the participation of the Commission on Appointments, so also has the Constitution mandated that the President can confer no power of participation in the Commission on Appointments over other appointments exclusively reserved for her by the Constitution. The exercise of political options that finds no support in the Constitution cannot be sustained. Further, EVEN IF THE PRESIDENT MAY VOLUNTARILY SUBMIT TO THE COMMISSION ON APPOINTMENTS AN APPOINTMENT THAT UNDER THE CONSTITUTION SOLELY BELONGS TO HER, STILL, THERE WAS NO VACANCY TO WHICH AN APPOINTMENT COULD BE MADE ON 14 JANUARY 1989. There can be no ad interim appointments in the CHR for the appointment thereto is not subject to CoAs confirmation. Appointments to the CHr is always permanent in nature. The provisions of EO 163-A is unconstitutional and cannot be invoked by Mallillin. The Chairman and the Commissioners of the CHR cannot be removed at the pleasure of the president for it is constitutionally guaranteed that they must have a term of office.

Petitioner Khristine Rea M. Regino was a first year computer science student at Respondent Pangasinan Colleges of Science and Technology (PCST). financial support of her relatives. 2nd sem, enrolled in logic and statistics subjects under Respondents Rachelle A. Gamurot and Elissa Baladad, respectively, as teachers. PCST held a fund raising campaign dubbed the Rave Party and Dance Revolution, the proceeds of which were to go to the construction of the schools tennis and volleyball courts. EACH=two tickets at the price of P100 each. The project was allegedly implemented by recompensing students who purchased tickets with additional points in their test scores; those who refused to pay were denied the opportunity to take the final examinations. Refused scheduled dates of the final examinations in logic and statistics, her teachers Respondents Rachelle A. Gamurot and Elissa Baladad allegedly disallowed her from taking the tests. Sit out and ejected RTC > lack of cause of action CHED, not the courts, had jurisdiction over the controversy Liability for Tort The acts of respondents supposedly caused her extreme humiliation, mental agony and demoralization of unimaginable proportions in violation of Articles 19, 21 and 26 of the Civil Code.

Regino v Pangasinan College of Science and Technology

On 27 Aug 1987, Cory designated Bautista as the Acting Chairwoman of CHR. In December of the same year, Cory made the designation of Bautista permanent. The CoA, ignoring the decision in the Mison case, averred that Bautista cannot take her seat w/o their confirmation. Cory, through the Exec Sec, filed with the CoA communications about Bautistas appointment on 14 Jan 1989. Bautista refused to be placed under the CoAs review hence she filed a petition before the SC. On the other hand, Mallillin invoked EO 163-A stating that since CoA refused Bautistas appointment, Bautista should be removed. EO 163-A provides that the tenure of the Chairman and the Commissioners of the CHR should be at the pleasure of the President. ISSUE: Whether or not Bautistas appointment is subject to CoAs confirmation. HELD: Since the position of Chairman of the CHR is not among the positions mentioned in the first sentence of Sec. 16, Art. 7 of the 1987 Constitution, appointments to which are to be made with the confirmation of the CoA it follows that the appointment by the President of the Chairman of the CHR is to be made without the review or participation of the CoA. To be more precise, the appointment of the Chairman and Members of the CHR is not specifically provided for in the Constitution itself, unlike the Chairmen and Members of the CSC, the CoE and the COA, whose appointments are expressly vested by the Constitution in the President with the consent of the CoA. The President appoints the Chairman and Members of the CHR pursuant to the second sentence in Sec 16, Art. 7, that is, without the confirmation of the CoA because they are among the officers of government whom he (the President) may be authorized by law to appoint. And Sec 2(c), EO 163 authorizes the President to appoint the Chairman and Members of the CHR.