Pinoy Mobile Case Digests

[ G.R. No. 228236, January 27, 2021 ]  LOPEZ, M., J.: Disposition:    T he petition is DENIED . FACTS On October 9, 2012, the CSC issued a Decision granting the appeal of Panga-Vega. It ruled that she only needed to present a medical certificate attesting her physical fitness to return to work and need not exhaust the full leave she applied for under RA No. 9710. It was further held that applying the rules on maternity leave, she is entitled to both the commuted money value of the unexpired portion of the special leave and her salary for actual services rendered effective the day she reported back for work. On November 23, 2012, the HRET sought reconsideration, but the CSC denied this in its Resolution dated February 12, 2013. On March 19, 2013, the HRET filed a Petition for Review assailing the foregoing Decision and Resolution of the CSC with the CA. On April 29, 2016, the CA dismissed the petition. Adopting the CSC's findings, it ruled Panga-Vega may opt not to consume...

FACTS: Commission on Election’s (COMELEC) Resolution No. 9674 directed Social Weather Stations, Inc. (SWS) and Pulse Asia, Inc. (Pulse Asia), as well as other survey firms of similar circumstance to submit to COMELEC the names of all commissioners and payors of all surveys published from February 12, 2013 to April 23, 2013, including those of their “subscribers.” This resolves the Petition1 for certiorari and prohibition praying that respondent Commission on Election’s Resolution No. 96742 dated April 23, 2013 be nullified and set aside and that the Commission on Elections be permanently enjoined from enforcing the same Resolution, as well as prosecuting Social Weather Stations, Inc. and Pulse Asia, Inc. for violating it or otherwise compelling compliance with it. In the letter24 dated April 30, 2013, SWS and Pulse Asia informed COMELEC Chairman Brillantes that they have not received a copy of Resolution No. 9674. They also articulated their view that Resolution No. 9674 was tainted ...

Summary: When the names of the parents of a foundling cannot be discovered despite a diligent search, but sufficient evidence is presented to sustain a reasonable inference that satisfies the quantum of proof required to conclude that at least one or both of his or her parents is Filipino, then this should be sufficient to establish that he or she is a natural-born citizen. FACTS: Before this Court is a Petition for Certiorari filed by petitioner Rizalito Y. David (David). He prays for the nullification of the assailed November 17, 2015 Decision and December 3, 2015 Resolution of public respondent Senate Electoral Tribunal in SET Case No. 001-15. Senator Mary Grace Poe-Llamanzares (Senator Poe) is a foundling whose biological parents are unknown. As an infant, she was abandoned at the Parish Church of Jaro, Iloilo. Edgardo Militar found her outside the church on September 3, 1968 at about 9:30 a.m. He later turned her over to Mr. and Mrs. Emiliano Militar. Emiliano Militar r...

FACTS: (On December 10, 2010) Petitioners Miguel “Lucky” Guillermo (Guillermo) and AV Manila Creative Production Co. (AV Manila) filed a Complaint for a sum of money and damages before the Regional Trial Court of Marikina City, against Respondents Philippine Information Agency (PIA) and Department of Public Works and Highway (DPWH) for the “Joyride” project, and advocacy campaign the purpose of which was to counteract the public’s negative perception of the performance of the outgoing Arroyo Administration. It turned out that after all the deliverables had been delivered by the Petitioners under the said Project, and despite several demands made by them, no payments were made by the PIA unto which Guillermo was instructed to send the billings directly.   The Complaint attempted to lay down the elements of a contract between the petitioners on one hand, and respondents on the other, on which to enforce the claim. Thus, it alleged a series of communications, meetings, and memor...

FACTS: Petitioner Herminio Harry Roque filed a Petition to Cite for Indirect Contempt against respondents Gen. Gregorio Pio Catapang, Brig. Gen. Arthur Ang, and Lt. Col. Harold Cabunoc, for violating Rule 139-B, Section18 of the Rules of Court.  Roques is the lawyer of Jeffrey "Jennifer" Laude, 26-year old Filipino, who was allegedly killed at a motel in Olongapo City by 19-year old US Marine Private Joseph Scott Pemberton.  The question of custody over Pemberton was subject of public discussions. Pemberton was eventually transferred from his ship to a facility in the headquarters of the Armed Forces of the Philippines.  On October 22, 2014, news broke out that Pemberton had been flown into Camp Aguinaldo, where a detention facility had been constructed for him, in the premises of the Mutual Defense Board-Security Engagement Board.   Thus, Roque, together with his clients, the family of Laude, went to Camp General Emilio Aguinaldo to demand to see Pe...

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 square meter based o...

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 del...

FACTS: The Abucay spouses had purchased 182 hectares of land from Guadalupe Cabahug. In 1986, 22.8409 hectares were declared covered by the Operation Land Transfer Program of PD 27. Farmer-beneficiaries were given their emancipation patents, and later on, original certificates of title registered under their names and issued by the Register of Deeds. The heirs of spouses Abucay alleged that they were not given just compensation for the 22 hectares of land. The Certificate of Deposit amounting to Php103,046.47 that was issued by the Land Bank of the Philippines was inadequate and was even named after Cabahug. Thus, they prayed for the payment of Php2,000,000.00 as just compensation.   The Regional Adjudicator held that administrative due process was not observed since there was no proper valuation of the property in determining the amount of just compensation. Hence, the coverage of the 22 hectares of land was nullified and the emancipation patents were declared void. The Heir...

Summary: The implementation of Republic Act No. 6758 (Compensation and Position Classification Act of 1989) resulted in the integration of all allowances previously received, including Cost of Living Allowance and Amelioration Allowance, into the basic standardized salary. When a government entity ceases to be covered by Republic Act No. 6758, the new position classification and compensation plan must also include all allowances previously received in the basic salary, in line with the principle of non-diminution of pay. FACTS: This case resolves the 16,500 Workers' Solicitous Motion for Reconsideration filed by respondents National Power Corporation Employees Consolidated Union (NECU) and the National Power Corporation Employees and Workers Union (NEWU) A Petition for Mandamus was filed by NECU and NEWU with Branch 84, Regional Trial Court, Quezon City, praying that the National Power Corporation (NAPOCOR) be ordered to release the Cost of Living Allowance (COLA) and ...