Laws and Found

Rubi v. Provincial Board 39 Phil 660 Facts: The Provincial Board of Mindoro adopted a resolution which required all Mangyans to stay in one permanent settlement. The said resolution was approved by the Secretary of Interior as required under Sec. 2145 of the Revised Administrative Code. This provision authorized the establishment of non-Christian sites to be selected by the provincial governor. Sec. 2145 of the RAC is now herein assailed on ground that it is an unlawful delegation of legislative power to the provincial officials. Issue: Whether or not Sec. 2145 of the RAC is valid The provision is valid, as an exception to the general rule. The legislature is permitted to delegate legislative powers to the local authorities on matters that are of purely local concerns.

People v. Manalo G.R.Nos. 96123-24 March 8, 1993 Melo, J.: Object Evidence Facts: 1. Accused Rolando Manalo  for shooting one Warlito Bonillo and one Carlito Diomampo with an unlicensed pistol Colt Caliber .45. 2. The conviction was the result of the filing of two (2) amended informations. The accused pleaded not guilty. After trial on the merits the accused was found guilty beyond reasonable doubt of the crime of murder in relation to PD 1728. 3. Witness Carlos Lacbay narrated that at about 5PM of Nov. 29, 1989 he visited one of the victims, Diomampo, in the latter's house where they conversed over some wine and camote regarding the latter's interest in buying a motorcycle. After 2 hours, witness Lacbay decided to leave, while Diomampo and a brother-in-law offered to accompany him home. After this, Lacbay rode on his service motorcycle while Diomampo and the other person (Bonilla) rode in tandem in their own motocycle. 4. When the group arrived at Bgy....

Dison v. Posadas G.R. No. 36770 November 4, 1932 Butte, J.: Facts: 1. Plaintiff Luis Dison filed a suit against CIR to recover inheritance tax paid under protest amounting to P2,808.73. Felix Dison, plaintiff's father executed  a deed of gift which transferred 22 tracts of land, reserving to himself during his lifetime the usufruct of 3 tracts. The donation was formally accepted by plaintiff. 2. The plaintiff (herein petitioner) alleged in his complaint that the tax is illegal since he received the property by a deed of gift inter vivos duly accepted and registered before the death of his father. He also contended that Act 2601 being an inheritance tax statute, does not tax gifts. The defendant answered in general denial with a countermand. The court dismissed the countermand. Both sides appealed, but the CIR appeal was dismissed. Issue: Whether or not the gifts inter vivos are taxable (inheritance tax) YES. Inheritance tax is imposed upon the gift inte...

Vidal de Roces v. Posadas G.R. No. 34937 March 13, 1933 Imperial, J.: Facts: 1. Sometime in 1925, plaintiffs Concepcion Vidal de Roces and her husband, as well as one Elvira Richards, received as donation several parcels of land from Esperanza Tuazon. They took possession of the lands thereafter and likewise obtained the respective transfer certificates. 2.The donor died a year after without leaving any forced heir. In her will, which was admitted to probate, she bequeathed to each of the donees the sum of P5,000. After the distribution of the estate but before the delivery of their shares, the CIR (appellee) ruled that plaintiffs as donees and legatees should pay inheritance taxes. The plaintiffs paid the taxes under protest. 3. CIR filed a demurrer on ground that the facts alleged were not sufficient to constitute a cause of action. The court sustained the demurrer and ordered the amendment of the complaint but the appellants failed to do so. Hence, the trial court...

Moran Sison vs. Teodoro G.R. No. L-9271 March 29, 1957 Bautista Angelo, J.: Facts: 1. The CFI of Manila which had jurisdiction over the estate of Margarita David, issued an order appointing appellantCarlos Moran Sison as judicial administrator without compensation after filing a bond. After entering into his duties as administrator, he filed an accounting of his administration which included items as an expense of administration the premiums he paid on his bond. 2. One of the heirs, herein appellee Narcisa Teodoro, objected to the approval of the items. The court approved the report but disallowed the items objected to on the ground that these cannot be considered as expenses of administration. Moran Sison filed a motion for reconsideration but was denied hence this appeal. Issue: Whether or not an executor or judicial administrator can validly charge the premiums on his bond as an expense of administration against the estate NO. The premiums paid by an executo...

Far East Bank vs. Pacilan G.R. 157314 July 29, 2005 Callejo Sr, J.: Facts: 1. Pacilan maintains a current account with petitioner bank (now BPI). He issued several postdated checks, the last one being check no. 2434886   amounting to P680. The said check was presented to petitioner bank for payment on April 4, 1988 but was dishonored. It appeared that the account of Pacilan has been closed on the evening of April 4 on the ground that it was 'improperly handled'. 2. It appeared that the plaintiff issued four checks from March 30 - April 4, 1988 amounting in total to P7,410, on one hand, his funds in the bank only amounted to P6,981.43, thus an overdraft of P 428.57 resulted therefrom. Consequently, the last check was dishonored despite the fact that plaintiff deposited the amount the following day. 3. Pacilan wrote a complaint to the bank but after the bank did not reply, he filed an action for damages against it and the employee (Villadelgado) who closed the ac...

Bank of America vs. Philippine Racing Club G.R. 150228  July 30, 2009 Ponente: Leonardo-De Castro, J: Facts: 1. Plaintiff PRCI is a domestic corporation which maintains a current account with petitioner Bank of America. Its authorized signatories are the company President and Vice-President. By virtue of a travel abroad for these officers, they pre-signed checks to accommodate any expenses that may come up while they were abroad for a business trip. The said pre-signed checks were left for safekeeping by PRCs accounting officer. Unfortunately, the two (2) of said checks came into the hands of one of its employees who managed to encash it with petitioner bank. The said check was filled in with the use of a check-writer, wherein in the blank for the 'Payee', the amount in words was written, with the word 'Cash' written above it. 2. Clearly there was an irregularity with the filling up of the blank checks as both showed similar infirmities and irregulariti...

G.R. No. 167750 March 15, 2010 Carpio, J.: Facts: 1. Reynaldo Suarez is a lawyer who used to maintain both savings and current account with petitioner in its Ermita branch. Sometime in 1997, respondent had a client who wanted to buy several parcels  of land in Tagaytay but the latter did not want to deal directly with the owners of said land.  2. Suarez and his client entered into an agreement where the former will be the one to purchase the lands. Both likewise agreed that the client would deposit money in Suarez' BPI account and thereafter, he would issue the checks for the sellers. 3. The client deposited a check with BPI branch. Aware that a check has 3-days clearing time, Suarez' assistant called the bank which confirmed that the said amount had been credited to his account on that same day. Relying on this confirmation, Suarez issued five (5) checks in the name of the sellers. Unfortunately, all checks were dishonored due to insufficient funds. A penal...

                                                                                      Date Office or Government Agency Address AUTHORIZATION LETTER To Whom It May Concern: This is to authorize (Name of Person to be Authorized) to act in my behalf to pick up the (Certificate/Document to be picked-up)  for (Company you represent.) Attached is my Identification card for your reference. Name of the Company Officer authorizing the pick-up Position

G.R. No. 157049 August 11, 2010 Bersamin, J.: Facts: 1. Respondent Carlos Romulo Cruz, an architect and a businessman, maintained both current and savings account with the petitioner bank in their Loyola Heights Branch. Due to an oversight by its bank employee, the savings account of respondent was closed. This resulted to extreme embarrassment of the respondent when checks he issued could not be honored despite the fact that his savings account has sufficient funds.  2. Unmoved by the apologies and adjustments made by the bank, respondent filed a complaint for damages before the RTC wherein the said court awarded exemplary damages (P100,000) and moral damages (P20,000) plus attorneys fees. The bank appealed to the CA, but CA affirmed the lower court's decision. The Court of Appeals said that the erroneous closure of the respondent's account would not have occurred if the bacnk had not been careless in supervising its employees. Moreover, the CA explained that t...

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Van Dorn vs Romillo G.R. No. L-68470 October 8, 1985 Ponente: Melencio-Herrera, J.: Facts: After a divorce was granted by a United States court between petitioner Alice Reyes Van Dorn, a Filipina and her American husband, the latter filed a civil case in a trial court here in the Philippines alleging that the her business was conjugal property and praying that she be ordered to render an accounting and that the plaintiff be granted the right to manage the business. Issue: Whether or not the divorce is valid  YES.  There can be no question as to the validity of the Nevada divorce in any of the States of the US. The decree is binding on private respondent as an American citizen. O wing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. However, aliens may obtain div...

G.R. No. 169116 March 28, 2007 Ponente: Chico-Nazario, J.: Service of Summons Facts: 1. Centrogen, a domestic corporation engaged in pharmaceutical business obtained several loans from Far East Bank and Trust Company (FEBTC), which was secured by a real estate mortage over a parcel of land by Irene Santiago. Subsequently, FEBTC merged with BPI. Due to failure of Centrogen to pay its loans,  BPI filed a case for Extra-Judicial Foreclosure of Real Estate Mortgage   over the subject property before the RTC of Sta. Cruz, Laguna. Thereafter, a Notice of Sale was issued by the Provincial Sheriff on 21 January 2003. On the same day, the Spouses Santiago were served with the copy of the Notice of Sale.Upon receipt the spouses and Centrogen filed a Complaint seeking the issuance of a TRO and Preliminary and Final Injunction and in the alternative, for the annulment of the Real Estate Mortgage with BPI. 2. The complaint alleged that the initial loan obligation...

Facts: 1. R espondent Milagros P. Morales filed a Complaint   for damages and reimbursement of insurance premiums at RTC Davao against the petitioner Philamgen,  a domestic corporation. The complaint specifically stated that the petitioner could be served with summons and other court processes through its Manager at its branch office located at Rizal St., Davao City. 2. Thereafter, Summons was served upon the petitioner's Davao regional office, and was received by its Insurance Service Officer. 3. In December 8, 1999, the petitioner filed a Motion to Dismiss on the ground of lack of jurisdiction over its person due to improper service of summons. It contended that summons was improperly served upon its employee in its regional office at Davao City, and that the said employee was not among those named in Section 11, Rule 14 upon whom service of summons may be properly made.The respondent filed an Amended Complaint,   alleging that summons and other court proc...

G.R. No. 105141 August 31, 1993 Ponente: Vitug, J.: Service of Summons on Foreign Corporations Facts: 1. The petitioner, Signetics was organized under the laws of the United States of America. Through Signetics Filipinas Corporation (SigFil), a wholly-owned subsidiary, Signetics entered into lease contract over a piece of land with Fruehauf Electronics Phils., Inc. (Freuhauf).  2. Freuhauf sued Signetics for damages, accounting or return of certain machinery, equipment and accessories, as well as the transfer of title and surrender of possession of the buildings, installations and improvements on the leased land, before the RTC of Pasig (Civil Case No. 59264). Claiming that Signetics caused SigFil to insert in the lease contract the words "machineries, equipment and accessories," the defendants were able to withdraw these assets from the cost-free transfer provision of the contract.  3. Service of summons was made on Signetics through TEAM Pacific Corp...

Facts: 1.        Respondents Leonor Bernardo-Raon and Agustin G. Crisostomo are the surviving sister and spouse, respectively, of the late Filomena Bernardo-Crisostomo, who passed away on May 17, 1994. Among the properties left by the deceased was her one-half share in a parcel of land in Noveleta, Cavite, registered under in the name of co-owners Lido Beach Corporation and Filomena Bernardo. 2.        2. In 1996, respondents instituted a complaint for ejectment against petitioner Regalado P. Samartino a complaint for ejectment alleging that during the lifetime of Filomena, she leased her share to petitioner for a period of five years counted from 1986; that the said lease expired and was not extended thereafter; and that petitioner refused to vacate the property despite demands therefor. 3.        Summons was served on Roberto Samartino, brother of petitioner.  At the ti...

G.R. No. 108538 January 22, 1996 Ponente: Mendoza, J.: Service of Summons Facts: Petitioner Lourdes A. Valmonte is a foreign resident. Petitioners Lourdes and Alfredo are husband and wife both residents of 90222 Carkeek Drive South Seattle, Washington, U.S.A. Petitioner Alfredo D. Valmonte, who is a member of the Philippine bar, however, practices his profession in the Philippines, commuting for this purpose between his residence in the state of Washington and Manila, where he holds office at S-304 Gedisco Centre, 1564 A. Mabini, Ermita, Manila.   Private respondent Rosita Dimalanta, who is the sister of petitioner filed an action for partition against former and her husband. She alleged that, the plaintiff is of legal age, a widow and is at present a resident of 14823 Conway Road, Chesterfield, Missouri, U.S.A., while the defendants are spouses but, for purposes of this complaint may be served with summons at Gedisco Center, Unit 304, 1564 A. Mabini St., Ermita,...

Facts: 1. The plaintiff Asiavest Limited filed a complaint against the defendant Antonio Heras praying that said defendant be ordered to pay to the plaintiff the amounts awarded by the Hong Kong Court Judgment. The action filed in Hong Kong against Heras was   in personam , since it was based on his personal guarantee of the obligation of the principal debtor.   2. The trial court concluded that the Hong Kong court judgment should be recognized and given effect in this jurisdiction for failure of HERAS to overcome the legal presumption in favor of the foreign judgment. 3. Asiavest moved for the reconsideration of the decision. It sought an award of judicial costs and an increase in attorney's fees with interest until full payment of the said obligations. On the other hand, Heras no longer opposed the motion and instead appealed the decision to CA.  4. The Court of Appeals (CA) agreed with Heras that notice sent outside the state to   a non-resident is una...

G.R. No. 77760 December 11, 1987 Ponente: Padilla, J.: Service of Summons Facts:  1. P laintiff Nieves Y. Senoran (now private respondent) filed a complaint against spouses Violeta S. Venturanza and Romy Venturanza (now petitioners)  with MTC for collection of sums of money for loans evidenced by promissory notes and due to non-payment became demandable.  2. The summons was served on the petitioners through the father who refused to sign the receipt. Due to petitioners failure to file an Answer, the court rendered a decision ordering petitioners to pay. However, the said decision could not be served to petitioners address since they were no longer residing there, hence it was served in the Office of Violeta at ADB. 3.  The petitioners filed a " Motion to Set Aside Decision and to Declare Past Proceedings Null and Void for Lack of Jurisdiction, " alleging that there was no proper and valid service of summons upon them in accordance with either ...

Facts: 1. Elections of November 10, 1959, Respondent Badelles and Petitioner Cabili were rival candidates for the office of city mayor of Iligan City. Cabili was proclaimed elected and thereafter assumed office, succeeding Badelles the incumbent. 2. Thereafter, Badelles filed a case for   quo warranto , questioning Cabili's right to hold the office on the ground that the latter was not a resident of the City for at least one year prior to his election. The petition was filed by the law firm of San Juan, Africa and Benedicto, as counsel for Badelles. Badelles was also represented by several other lawyers but the senior counsel was Atty. Africa, who, in the initial hearing, explained that he is the one in charge of the case, and therefore, requested that all pleadings, notices, orders and other papers be served at his office at 480 Padre Faura St., Manila. In order to avoid any confusion in the service of pleadings and orders, he made of record that only service at the give...