Pinoy Mobile Case Digests

Summary: A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a firm name that contains a disbarred lawyer's name commits indirect contempt of court. FACTS: Through this Petition, petitioners ask that law firm, Young Revilla Gambol & Magat, and Judge Ofelia L. Calo (Judge Calo), be cited in contempt of court under Rule 71 of the Rules of Court. Anastacio Revilla, Jr. (Revilla) was disbarred on December 2009 in an En Banc Resolution of the court in A.C. No. 7054 entitled Que v. Atty. Revilla, Jr.   Young Revilla Gambol & Magat filed a Reply to the Opposition stating that the firm opted to retain Revilla's name in the firm name even after he had been disbarred, with the retention serving as an act of charity. Judge Calo overruled the opposition to the appearance of Young Revilla Gambol & Magat and stated that Atty. Young could still appear for the liquidator as long as his appearance was under the Young Law Firm an...

Summary: Lawyers are mandated to uphold, at all times, integrity and dignity in the practice of their profession. Respondent violated the oath he took when he proposed to gain a favorable outcome for complainant's case by resorting to his influence among staff in the Office where the case was pending. FACTS: Complainant Teresita P. Fajardo (Teresita) was the Municipal Treasurer of San Leonardo, Nueva Ecija. She hired respondent Atty. Nicanor C. Alvarez (Atty. Alvarez) to defend her in criminal and administrative cases before the Office of the Ombudsman. Atty. Alvarez was then working in the Legal Section of the National Center for Mental Health. He asked for P1,400,000.00 as acceptance fee. However, Atty. Alvarez did not enter his appearance before the Office of the Ombudsman nor sign any pleadings. Atty. Alvarez assured Teresita that he had friends connected with the Office of the Ombudsman who could help with dismissing her case for a certain fee. Atty. Alvarez said tha...

Summary: The prohibition on midnight appointments only applies to presidential appointments. It does not apply to appointments made by local chief executives. FACTS: Marco was permanently appointed as Corporate Development Specialist II by Gov. Ong 5 days before the end of her term in June 30, 2004. His appointment, along with 25 other appointments, was accompanied by a certification stating that funds were available for the position. When the new Gov took over, the appointments made by Gov Ong were revoked based on the recall made by Budget Officer regarding the availability of funds for the position. Marcos sought reconsideration from the CSC Regional Office but was denied. On appeal, the CSC through a resolution dated Apr 14 held the validity of the appointment on the ground that it complied with the CSC rules and that the recall of the certification did not affect its validity because evidence was not presented. Instead of filing an MR, the Province filed a petition...

FACTS: NAPOCOR instituted expropriation proceedings over parcels of land in Brgy. Maginhawa, Bato, Catanduanes for a right-of-way easement, construction and maintenance of its Substation Island Grid Project.   NAPOCOR offered a price of P500.00 per square meter. However, respondents (property owners) objected and alleged that the value of properties was P2000.00 per square meter.   On Dec. 16, 2002 RTC of Virac, Catanduanes confirmed the NAPOCOR’s right to expropriate and ordered the creation of a commission to determine the amount of just compensation to be paid to respondents.   On Jan. 28, 2003 NAPOCOR filed a Notice to Take Possession on the basis of Rule 67 Rules of Court alleging its entitlement thereof in view of its deposit with Land Bank of the Philippines in the amount of P 3280.00 on the provisional value of the properties.   On July 10, 2003 the court appointed commissioners recommended a fair market value of P1500.00 per squar...

FACTS: Lorenzo Shipping is the owner and operator of the commercial vessel MV Lorcon Luzon. National Power Corporation is the owner of Power Barge 104, "a nonpropelled power plant barge." On March 20, 1993, Power Barge 104 was berthed and stationed at the Makar Wharf in General Santos City when the MV Lorcon Luzon "hit and rammed Power Barge 104." Following this incident, Nelson Homena, Plant Manager of Power Barge 104, filed a Marine Protest before the Board of Marine Inquiry. Captain Villarias also filed his own Marine Protest. For his part, Captain Yape filed a Marine Accident Report. The Board of Marine Inquiry conducted joint hearings on the Marine Protests and Captain Yape's report. To forestall the prescription of its cause of action for damages, National Power Corporation filed before the Quezon City Regional Trial Court a Complaint for Damages against Lorenzo Shipping. In this Complaint, National Power Corporation recalled the dama...

FACTS: On Aug 1993, thousands of banana plantation workers instituted a class suit in US for damages against 11 foreign corporations, Chiquita brands being one of those 11 companies. The claimants claimed to have been exposed to dibromochloropropane (DBCP) while working in the plantation. As a result, these workers suffered serious and permanent injuries to their reproductive system. However US courts dismissed the complaint based on forum non conveniens. On May 1996, the claimants filed a complaint on the same 11 corporations in the RTC of Panabo City, Davao. Before pre-trial the petitioner and the claimants entered into a compromise agreement with the claimants. The agreement states that; the petitioner shall be release from all or their obligation after they deposited an escrow amount in favor of the claimant which would be administered by a third person/ mediator. The RTC of Panabo approved the compromised agreement and dismissed the petition of the claimant. ...

Summary: A petition for certiorari questioning the validity of the preliminary investigation in any other venue is rendered moot by the issuance of a warrant of arrest and the conduct of arraignment.   FACTS: A complaint for murder was filed by the Philippine National Police- Olongapo City Police Office and private respondent Marilou Laude y Serdoncillo (Laude) against petitioner Joseph Scott Pemberton (Pemberton). Pemberton received a Subpoena issued by the City Prosecutor of Olongapo City giving him 10 days from receipt within which to file a counter-affidavit. Laude filed an Omnibus Motion, which Pemberton opposed. During the preliminary investigation on October 27, 2014, the City Prosecutor of Olongapo City stated that Pemberton‘s right to file a counter- affidavit was deemed waived. The City Prosecutor of Olongapo City continued to evaluate the evidence and conducted ocular inspections in connection with the preliminary investigation. It found probable cause again...

FACTS: On December 17, 1995, Rolando O. Bahian alleged that Capistano Daataya et al, conspiring mutually, unlawfully and feloniously with intent to kill, assaulted, box, kick and struck Bahian. This incident happen a day after a commotion incident between the parties in the basketball court. Bahian Farther alleged that a stone was thrown to his head by petitioners that causes depress frontal fracture, open frontal bone, left, and advice for surgery. The petitioners pleaded not guilty. The defense, apart from the three petitioners, offered the testimonies of Delfin Yafiez (Delfin), Rodolfo Yafiez (Rodolfo), Danzon Daayata (Danzon) and Rosemarie Daayata (Rosemarie ). Petitioners Salisi and Malacat claimed that they were having coffee at the house of Vicente Daayata (Vicente), in the morning of December 17, 1995. Bahian arrived with Kagawad Abalde, and called for Salisi to come out. When Salisi acceded, Bahian challenged him to a fight and threw the first punch that started a sc...

FACTS: Both Petitions question the Sandiganbayan’s denial to quash the Informations and Order of Arrest against Cagang despite the Office of the Ombudsman’s alleged inordinate delay in the termination of the preliminary investigation. In February 10, 2003, Office of the Ombudsman received an anonymous complaint alleging the graft and corruption at the Vice Governor’s Office, Sarangani Province by diverting public funds given as grants or aid using barangay officials and cooperatives as “dummies.” The complaint was referred to the Commission on Audit for audit investigation. On November 17, 2011, the OMB filed Informations for Violation of Section 3(e) of Republic Act No. 3019 and Malversation of Public Funds through Falsification of Public Documents against Cagang, Camanay, Zoleta, Macagcalat, and Mangalen. Cagang filed a Motion to Quash/Dismiss with Prayer to Void and Set Aside Order of Arrest. Cagang argued that there was an inordinate delay of seven (7) y...

Summary: Upon filing of an information in court, trial court judges must determine the existence or non-existence of probable cause based on their personal evaluation of the prosecutor's report and its supporting documents. They may dismiss the case, issue an arrest warrant, or require the submission of additional evidence. However, they cannot remand the case for another conduct of preliminary investigation on the ground that the earlier preliminary investigation was improperly conducted. FACTS: Police Senior Inspector Arnold M. Palomo Deputy Provincial Chief of the Nueva Ecija Criminal Investigation and Detection Team, referred to the Provincial Prosecutor of Cabanatuan City, Nueva Ecija, three (3) cases of murder against petitioners and 15 other persons. Inspector Palomo named 19 individuals, including Petitioners, who were allegedly responsible for the death of Carlito Bayudang, Jimmy Peralta, and Danilo Felipe. That the named individuals conspired, planned, and imple...

Summary: A person who is not a party in the main action cannot be the subject of the ancillary writ of preliminary injunction.   FACTS: In 1999, the Sangguniang Barangay of Cupang requested the Sangguniang Panlungsod of Antipolo City to construct a city road to connect Barangay Cupang and Marcos Highway. Sunrise Garden Corporation was an affected landowner. Its property was located in Barangay Cupang, which Sunrise Garden Corporation planned to develop into a memorial park. The city road project, thus, became a joint project of the Sangguniang Panlungsod of Antipolo, Barangay Cupang, Barangay Mayamot, and Sunrise Garden Corporation. Hardrock Aggregates, Inc., prevented Sunrise Garden Corporation's contractor from using an access road to move the construction equipment. Sunrise Garden Corporation filed a Complaint for damages with prayer for temporary restraining order and writ of preliminary injunction against Hardrock Aggregates, Inc. While ...