Lawren

  RACHO VS TANAKA GR 199515 FACTS: Racho and Seiichi Tanaka were married on April 20, 2001 in Las Piñas City, Metro Manila. They lived together for nine years in Japan and did not have any children. Racho alleged that on December 16, 2009, Tanaka filed for divorce and the divorce was granted. She secured a Divorce Certificate issued by Consul Kenichiro Takayama of the Japanese Consulate in the Philippines and had it authenticated by the DFA. She was informed that by reason of certain administrative changes, she was required to return to the Philippines to report the documents for registration and to file the appropriate case for judicial recognition of divorce. She tried to have the Divorce Certificate registered with the Civil Registry of Manila but was refused since there was no court order recognizing it. When she went to the Department of Foreign Affairs to renew her passport, she was likewise told that she needed the proper court order. She was also informed by the Nat...

  Republic v. MERALCO (G.R. No. 141314) Facts: MERALCO filed with petitioner ERB an application for the revision of its rate schedules to reflect an average increase in its distribution charge. ERB granted a provisional increase subject to the condition that should the COA thru its audit report find MERALCO is entitled to a lesser increase, all excess amounts collected from the latter’s customers shall either be refunded to them or correspondingly credited in their favor. The COA report found that MERALCO is entitled to a lesser increase, thus ERB ordered the refund or crediting of the excess amounts. On appeal, the CA set aside the ERB decision. MRs were denied. Issue: Whether or not the regulation of ERB as to the adjustment of rates of MERALCO is valid. Ruling:  YES.  The regulation of rates to be charged by public utilities is founded upon the police powers of the State and statutes prescribing rules for the control and regulation of public utilities ...

People vs. Hon. Vicente Echavez, Jr. (G.R. Nos. L-47757-61 January 28, 1980) Ponente: AQUINO   FACTS:   Petitioner Ello filed with the lower court separate informations against sixteen persons charging them with squatting as penalized by Presidential Decree No. 772. Before the accused could be arraigned, respondent Judge Echaves motu proprio issued an omnibus order dismissing the five informations (out of 16 raffled) on the grounds (1) that it was alleged that the accused entered the land through “stealth and strategy”, whereas under the decree the entry should be effected “with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner”, and (2) that under the rule of ejusdem generis the decree does not apply to the cultivation of a grazing land. From the order of dismissal, the fiscal appealed to this Court under Republic Act No. 5440.   ISSUE:   Whether or not P.D. No. 772 which penalizes squatting and similar acts, ...

Primicias v. Municipality of Urdaneta G.R. No. L-26702 (October 18, 1979) FACTS: Petitioner, while driving his car in the jurisdiction of Urdaneta, was charged with violation of Ordinance No. 3, Series of 1964, “particularly, for overtaking a truck”. Petitioner initiated an action for annulment of said ordinance and prayed for the issuance of preliminary injunction for restraining Respondent from enforcing the said ordinance. ISSUE: W/N Ordinance No. 3, Series of 1964, by the Municipality of Urdaneta, Pangasinan is valid. HELD: No. Ordinance No. 3 is said to be patterned after and based on Section 53 of Act No. 3992. However, Act No. 3992 has been explicitly repealed by RA No. 4136 (The Land and Transportation Code). By this express repeal, the general rule is that a later law prevails over an earlier law. Also, an essential requisite for a valid ordinance is that it “must not contravene … the statute” for it is fundamental principle that municipal ordinances are inferior in status and...

  Bagatsing v Ramirez (1976) Bagatsing v Ramirez GR No L-41631, December 17, 1976 FACTS: In 1974, the Municipal Board of Manila enacted Ordinance 7522, regulating the operation of public markets and prescribing fees for the rentals of stalls and providing penalties for violation thereof. The Federation of Manila Market Vendors Inc. assailed the validity of the ordinance, alleging among others the noncompliance to the publication requirement under the Revised Charter of the City of Manila. CFI-Manila declared the ordinance void. Thus, the present petition. ISSUE: What law should govern the publication of a tax ordinance, the Revised City Charter, which requires publication of the  ordinance before its enactment and after its approval, or the Local Tax Code, which only demands publication after  approval?         Publication Requirement:             Charter - before its enactment and after its approval (Special Law...

  Palafox v. Province of Ilocos Norte,  102 Phil 1186   Facts:   Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of the District Engineer. While driving his truck, Sabas ran over Proceto Palafox resulting to the latter’s death. Sabas was prosecuted for homicide through reckless imprudence to which he pleaded guilty. The heirs of Palafox instituted a civil case against him, the Province, the District Engineer and the Provincial Treasurer.     Issue:   Whether or not the Province of Ilocos Norte can be held liable.     Held:   NO. The general rule is that local government units are not liable for negligent acts of its employees while they are performing governmental functions or duties. In this case, the driver was involved in the construction or maintenance of roads which was a governmental duty. Therefore, the province cannot be held liable for his negligent act. However tr...

  REMMAN & CREBA vs. PRBRES and PRC G.R. No. 197676, February 4, 2014   Facts: R.A. No. 9646, otherwise known as the “Real Estate Service Act of the Philippines” was signed into law on June 29, 2009 by President Gloria Macapagal-Arroyo. It aims to professionalize the real estate service sector under a regulatory scheme of licensing, registration and supervision of real estate service practitioners (real estate brokers, appraisers, assessors, consultants and salespersons) in the country. On December 7, 2010, herein petitioners Remman Enterprises, Inc. (REI) and the Chamber of Real Estate and Builders’ Association (CREBA) instituted Civil Case No. 10-124776 in the Regional Trial Court of Manila, Branch 42. Petitioners sought to declare as void and unconstitutional the following provisions of R.A. No. 9646: SEC. 28. Exemptions from the Acts Constituting the Practice of Real Estate Service. – The provisions of this Act and its rules and regulations shall not apply ...

  NESTLE PHILIPPINES, INC., petitioner, vs.   COURT OF APPEALS and SECURITIES AND EXCHANGE COMMISSION, respondents.   G.R. No. 86738 November 13, 1991   FACTS: On February 21, 1983, the Authorized Capital Stock (ACS) of petitioner Nestle was increased from P300 million divided into 3 million shares with a par value of P100 per share, to P600 million divided into 6 million shares with a par value of P100 per share. Nestle underwent the necessary procedures involving Board and stockholders approvals and the necessary filings to secure the approval of the increase of ACS. It was approved by respondent SEC. Nestle issued 344,500 shares out of its previously authorized but unissued capital stock exclusively to its principal stockholders San Miguel Corporation and to Nestle S.A. San Miguel Corporation subscribed to and completely paid up 168,800 shares, while Nestle S.A. subscribed to and paid up the balance of 175,700 shares of stock.   In 1985, petitione...

  Chartered Bank Employees Association v. Ople [GR L-44717, 28 August 1985] En Banc, Gutierrez, Jr. (p): 10 concur, 1 concur in result, 1 took no part, 1 on leave   Facts:  On 20 May 1975, the Chartered Bank Employees Association, in representation of its monthly paid employees/members, instituted a complaint with the Regional Office IV, Department of Labor, now Ministry of Labor and Employment (MOLE) against Chartered Bank, for the payment of 10 unworked legal holidays, as well as for premium and overtime differentials for worked legal holidays from 1 November 1974.   Both the arbitrator and the National Labor Relations Commission (NLRC) ruled in favor of the petitioners ordering the bank to pay its monthly paid employees the holiday pay and the premium or overtime pay differentials to all employees who rendered work during said legal holidays. On appeal, the Minister of Labor set aside the decision of the NLRC and dismissed the petitioner’s claim for lac...

Executive Construction ASTURIAS SUGAR CENTRAL v. CUSTOMS (29 SCRA 617) FACTS Asturias Sugar Central, Inc., a domestic company engaged in the production and milling of centrifugal sugar for exert, was using jute bags as container for sugar. Consequently, the company made two importations of jute bags, both of which entered free of customs duties and special import tax upon the petitioner's filing of Re-exportation and Special Import Tax Bonds, under the condition that the bags shall be exported within 1 year from the date of importation. However, not all the bags were exported within the 1 year period. Petitioner asked for an extension, but it was denied. The Collector of Customs assessed customs duties and special import tax. Issues:   a.) Whether or not the Commissioner of Customs is vested with discretion to extend the period of one year provided for in section 23 of the Philippine Tariff Act of 1909.   b.) Whether or not interpretation or construction of...

DAVID v. COMELEC, ET. AL., G.R. No. 127116 (April 8, 1997) EN BANC  The holding of the barangay election scheduled on the second Monday of May 1997 cannot be prohibited on the ground that barangay chairmen elected on the second Monday of May 1994 have a term of five (5) years as provided by R.A. 6679. The term of office of barangay officials is governed by the LGC, which provides that they shall hold office for three (3) years. The LGC was enacted later than R.A. 6679. The Constitution did not expressly prohibit Congress from fixing any term of office for barangay officials. It merely left the determination of such term to the lawmaking body, without any specific limitation or prohibition, thereby leaving to the lawmakers full discretion to fix such term in accordance with the exigencies of public service.

  Manila Jockey Club v. Games and Amusement Board G.R. No. L-12727 February 29, 1960   Facts: The authorized racing days specifically designated and distributed in Section 4 of RA 309 the basic law on horse racing in the Philippines amended by RA 983 are as follows: (1) Philippine Anti-TB Society for 12 Sundays, (2) PCSO - 6 Sundays (3) White Cross - 4 Sundays (4) Grand Derby Race of  PATS - 1 Sunday (5) Private Individuals and entities - 29 Sundays. However, RA 1502 increased the sweepstakes draw and races of the PCSO from 6 to 12 Sundays, but without specifying the days on which they are to be run. To accommodate these additional races, GAB resolved to reduce the number of Sundays assigned to private individuals and entities by six. Appellants protested that the said increase should be taken from the 12 Saturdays reserved to the President, for charitable relief OR should be assigned to any day of the week besides Su...