Tanada v Tuvera : all laws as above defined shall
immediately upon their approval, or as soon thereafter as
possible, be published in full in the Official Gazette
Philippine Association of Service Exporter v Torres: the
writ of prohibition is GRANTED and public respondents is
hereby SUSPENDED pending compliance with the
statutory requirements of publication and filing under the
aforementioned laws of the land.
Tayug Rural Bank v Central Bank: Appellee Rural Bank is
ordered to pay a sum equivalent to 10% of the outstanding
balance of its past overdue accounts,
Firestone Tire and Rubber Co v Lariosa and NLRC:
the petition is granted. The decision of the National Labor
Relations Commission dated December 28, 1984 is reversed
and set aside. Petitioner is directed to pay its dismissed
worker the separation pay to which he may be entitled
under the law,
Gonzaga v Ce David: The fact that August 31, 1957 was
declared a special public holiday by Proclamation No. 437
(dated August 21, 1957) of the President of the Philippines
did not have the effect of making the preceding day,
August 30, the last day for paying registration fees without
penalty. The ruling is on all fours on the issue before us,
and against respondent-appellant. The decision appealed
from is affirmed. Without costs..
Rural Bank v Court of Appeals: Since April 10, 1961 was
not the day or the last day set by law for the extrajudicial
foreclosure sale, nor the last day of a given period but a date
fixed by the deputy sheriff, the aforesaid sale cannot
legally be made on the next succeeding business day
without the notices of the sale. WHEREFORE, finding no
reversible error in the judgment under review, We affirm
the same in toto. No pronouncement as to cost.
People v Del Rosario: when the information was filed on
July 27, 1953 the offense had not yet been prescribed
because July 27 is the sixtieth day from May 29. The order
of dismissal appealed from is hereby reversed and the case
ordered reinstated.
In re; anacleto Filart: It does become our solemn duty to
reprimand him for carelessness and misconduct in
attending to the cause of poor clients. Let a copy of this
order be furnished to the respondent for his information
with a warning that a more severe punishment will be meted
out to him in case of a repetition of similar acts and
omissions
ABS CBN v Court of Appeals: This Court is not unaware of
the well-entrenched principle that the Government is never
estopped from collecting taxes because of mistakes or
errors on the part of its agents. We have also noted that in
its Decision, the Court of Tax Appeals further required the
petitioner to pay interest and surcharge as provided for in
Sec. 51 (e) of the Tax Code in addition to the deficiency
withholding tax of P 525,897.06. WHEREFORE, the
judgment of the Court of Tax Appeals is hereby reversed, and
the questioned assessment set aside. No costs.
Lorenzo v Posadas: we must hold that the plaintiff is
liable only in the sum of P1,191.27 the amount stated in
the counterclaim.The judgment of the lower court is
accordingly modified, with costs against the plaintiff in both
instances. So ordered.
Ferrazini v Gsell : It would force the plaintiff to leave the
Philippine Islands in order to obtain a livelihood in case
the defendant declined to give him the written permission
to work elsewhere in this country. The foregoing are our
reasons upon which the short decision and order for
judgment, heretofore filed, were based.
Lichauco and company v Apostol: Upon the whole we are
of the opinion that the petition does not show sufficient
ground for granting the writs of mandamus and
injunction. The demurrer interposed thereto by the
respondents in their return to the order to show cause, dated
October 7, 1922, is therefore sustained, and the temporary
restraining order heretofore promulgated in this cause,
dated September 21, 1922, is dissolved; and unless within
five days after notification hereof the petitioner shall so
amend his petition as to show a sufficient cause of action, an
order absolute will be entered, dismissing the same, with
costs. So ordered.
US v Palacio: The fact that the cadastral survey of the
municipality of Tacloban was to terminated at the time of
the discovery of the omission. By reason of the foregoing,
and the judgment appealed from being in accordance with the
merits of the case and the law, we hereby affirm the same,
with the costs against appellant. So ordered
Floresca v Philex Mining: CASE IS REMANDED TO IT
FOR FURTHER PROCEEDINGS. SHOULD A GREATER
AMOUNT OF DAMAGES BE DECREED IN FAVOR OF
HEREIN PETITIONERS, THE PAYMENTS ALREADY
MADE TO THEM PURSUANT TO THE WORKMEN'S
COMPENSATION ACT SHALL BE DEDUCTED.
Silverio v Republic of the Philippines: A Person's First
Name Cannot Be Changed On the Ground of Sex
Reassignment. WHEREFORE, the petition is hereby
DENIED.
Van Dorn v Romillo : To maintain, as private respondent
does, that, under our laws, petitioner has to be considered
still married to private respondent and still subject to a
wife's obligations under Article 109, et. seq. of the Civil
Code cannot be just. Petitioner should not be obliged to
live together with, observe respect and fidelity, and render
support to private respondent. The latter should not
continue to be one of her heirs with possible rights to
conjugal property. She should not be discriminated
against in her own country if the ends of justice are to be
served.
WHEREFORE, the Petition is granted, and respondent Judge
is hereby ordered to dismiss the Complaint filed in Civil Case
No. 1075-P of his Court.
Pilapil v Ibay-Somera: WHEREFORE, the questioned
order denying petitioner's motion to quash is SET
ASIDE and another one entered DISMISSING the
complaint in Criminal Case No. 87-52435 for lack of
jurisdiction. The temporary restraining order issued in this
case on October 21, 1987 is hereby made permanent.
Hermosisima v Court of Appeals : We find ourselves
unable to say that petitioner is morally guilty of seduction,
not only because he is approximately ten (10) years
younger than the complainant — who around thirty-six
(36) years of age. The court of first instance sentenced
petitioner to pay the following: (1) a monthly pension of
P30.00 for the support of the child: (2) P4,500,
representing the income that complainant had allegedly
failed to earn during her pregnancy and shortly after the
birth of the child, as actual and compensation damages;
(3) P5,000, as moral damages; and (4) P500.00, as
attorney's fees. The Court of Appeals added to the second
item the sum of P1,114.25 — consisting of P144.20, for
hospitalization and medical attendance, in connection
with the parturiation, and the balance representing
expenses incurred to support the child — and increased
the moral damages to P7,000.00.
With the elimination of this award for damages, the decision
of the Court of Appeals is hereby affirmed, therefore, in all
other respects, without special pronouncement as to cost in
this instance. It is so ordered.
Wassmer v Velez : Moral damages are recoverable in the
cases mentioned in Article 21 of said Code. "the defendant
acted in a wanton, fraudulent, reckless, oppressive, or
malevolent manner." This Court's opinion, however, is that
considering the particular circumstances of this case,
P15,000.00 as moral and exemplary damages is deemed to
be a reasonable award.
TY vs Court of Appeal : The marriage of petitioner and
private respondent is hereby DECLARED VALID AND
SUBSISTING; and the award of the amount of
P15,000.00 is RATIFIED and MAINTAINED as monthly
support to their two children
Eugenio v Velez : Custody of the dead body of Vitaliana was
correctly awarded to her surviving brothers and sisters
Navarro v Domogtoy : respondent Judge is hereby
SUSPENDED for a period of six (6) months and given a
STERN WARNING that a repetition of the same or similar
acts will be dealt with more severely.
Pugeda vs Trias: the division of the properties of the
deceased Maria C. Ferrer among her eight children and
plaintiff, is hereby modified in the sense that all of her
properties be divided among her eight children at the rate of
one-eight per child. As thus modified, the judgment of Judge
Lucero is hereby affirmed. Without costs.
People vs Borromeo: suffice it to say that the penalty for
parricide is reclusion perpetua to death.
Mariategui v Court of Appeals: decision declaring all the
children and descendants of Lupo Mariategui, including
appellants Jacinto, Julian and Paulina (children of the third
marriage) as entitled to equal shares in the estate of Lupo
Mariategui
Tenebro v CA ; of the crime of Bigamy and sentencing him
to suffer the indeterminate penalty of four (4) years and two
(2) months of prision correccional,
Republic v Dayot ; arriage for 3 months, the Petitions are
DENIED. The Amended Decision of the Court of Appeals,
Carino v Carino: Granted
Republic vs CA and Castro: Marriage License, Denied
Ninal v Bayadog : Void both marriage
Republic v Obrecido,: should be interpreted to allow a
Filipino citizen, who has been divorced by a spouse who had
acquired foreign citizenship and remarried, also to remarry.
Llorente v CA and Llorente: the Court REMANDS the cases
to the court of origin for determination of the intrinsic
validity of Lorenzo N. Llorente’s will and determination of
the parties’ successional rights allowing proof of foreign law
with instructions that the trial court shall proceed with all
deliberate dispatch to settle the estate of the deceased within
the framework of the Rules of Court.
Republic v iyoy : granted