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SILVA VS. CA (1997)

Parents have the natural right, as well as the moral and legal duty, to care for their children, see to their proper upbringing and safeguard their best interest and welfare. This authority and responsibility may not be unduly denied the parents; neither may it be renounced by them. Even when the parents are estranged and their affection for each other is lost, the attachment and feeling for their offsprings invariably remain unchanged. Neither the law nor the courts allow this affinity to suffer absent, of course, any real, grave and imminent threat to the well-being of the child. FACTS: Carlitos E. Silva, married, and Suzanne T. Gonzales, unmarried, cohabited without the benefit of marriage. The union saw the birth of two children: Ramon Carlos and Rica Natalia. Not very long after, a rift in their relationship surfaced. At any rate, the two eventually parted ways. The instant controversy was spawned by the refusal of Gonzales to allow Silva to have the children in his company on wee...
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TAGS: Action incapable of Pecuniary Estimation

FIRST SARMIENTO PROPERTY HOLDINGS, INC. vs   PHILIPPINE BANK OF COMMUNICATIONS ,   G.R. No. 202836, June 19, 2018 LEONEN,  J. : PRINCIPLE: To determine the nature of an action, whether or not its subject matter is capable or incapable of pecuniary estimation, the nature of the principal action or relief sought must be ascertained. If the principal relief is for the recovery of a sum of money or real property, then the action is capable of pecuniary estimation. However, if the principal relief sought is not for the recovery of sum of money or real property, even if a claim over a sum of money or real property results as a consequence of the principal relief, the action is incapable of pecuniary estimation. FACTS: First Sarmiento obtained from PBCOM a P40,000,000.00 loan, which was secured by a real estate mortgage over 1,076 parcels of land. On March 15, 2003, 7  the loan agreement was amended 8  with the increase of the loan amount to P51,200,000.00. On Sep...
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TUJAN-MILITANTE vs NUSTAD

TAGS: JURISDICTION; NOTARIAL DOC TUJAN-MILITANTE vs  NUSTAD   G.R. No. 209518 FACTS: Nustad, a Norwegian, filed a petition ordering Militante to surrender to the Register of Deeds the owner's duplicate copy of the Transfer Certificate of Title which 'were all issued in Nustad's name.  Instead of filing an Answer, Tujan-Militante filed an Omnibus Motion to Dismiss and Annul Proceedings. She averred that the RTC did not acquire jurisdiction over her person as she was not able to receive summons. She  further alleged that the Power of Attorney executed by Nustad in favor of her Atty. is void and non-existent. The CA recognized the jurisdictional defect over  the  person of Tujan-Militante, but nevertheless ruled that the flaw was cured by Tujan-Militante's filing of her Motion. Tujan-Militante filed a Motion for Reconsideration, which was denied by the CA in a Resolution.   RULING: (a) As to the issue on jurisdiction, a trial court acquires juri...
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PALAGANAS vs. PALAGANAS

PALAGANAS vs. PALAGANAS   This case is about the probate before Philippine court of a will executed abroad by a foreigner although it has not been probated in its place of execution.   FACTS: Ruperta C. Palaganas, a Filipino who became a naturalized United States (U.S.) citizen, died single and childless. In the last will and testament she executed in California, she designated her brother as the executor of her will for she had left properties in the Philippines and in the U.S.   However, petitioners-nephews of Ruperta, opposed the petition on the ground that Ruperta’s will should not be probated in the Philippines but in the U.S. where she executed it.   ISSUE: Whether or not a will executed by a foreigner abroad may be probated in the Philippines although it has not been previously probated and allowed in the country where it was executed.   HELD: Yes. The Philippine laws do not prohibit the probate of wills executed by foreigners ab...
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NUGUID vs. NUGUID (1966)

NUGUID vs. NUGUID (1966) FACTS: Rosario Nuguid, decedent, single, without descendants, legitimate or illegitimate. Surviving heirs were her legitimate parents and six siblings. The sister of the deceased filed in the CFI a holographic will allegedly executed by Rosario Nuguid on November 17, 1951, some 11 years before her demise. The parents of the deceased Rosario Nuguid, entered their opposition to the probate of her will - that by the institution of petitioner as universal heir of the deceased, the parents — who are compulsory heirs of the deceased in the direct ascending line — were illegally preterited and that in consequence the institution is void. ISSUE: Whether or not there the will is void by reason of preterition. HELD: Yes. This is a clear case of Preterition. The deceased left no descendants, legitimate or illegitimate. But she left forced heirs in the direct ascending line her parents, now oppositors. And, the will completely omits both of them. They thus ...
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G.R. No. L-62952 October 9, 1985 NEPOMUCENO vs. THE HONORABLE COURT OF APPEALS

FACTS: Martin Jugo died on July 16, 1974 in Malabon, Rizal. He left a last Will and Testament duly signed by him. In the said Will, the testator named and appointed herein petitioner as his sole and only executor of his estate. It is clearly stated in the Will that the testator was legally married to a certain Rufina Gomez by whom he had two legitimate children, but since 1952, he had been estranged from his lawfully wedded wife and had been living with petitioner as husband and wife. The testator devised to his forced heirs, namely, his legal wife Rufina Gomez and his children Oscar and Carmelita his entire estate and the free portion thereof to herein petitioner.   ISSUE: Whether the respondent court acted in excess of its jurisdiction when after declaring the last Will and Testament of the deceased validly drawn, it went on to pass upon the intrinsic validity of the testamentary provision in favor of herein petitioner.   HELD: The petitioner submits th...
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RA 10173

I. 1. The National Privacy Commission report stated that “the penalties inflicted on borrowers by these online lenders are abusive. The public shaming they carried out, has caused anxiety, depression; some have even lost jobs and feel they became unemployable, that their reputation and future was put in jeopardy.” The operators of these abusive online apps will be charged with criminal cases and may face up to seven years imprisonment and pay penalties in the amount of up to five million pesos. 2. Yes. Money Lending applications violated the data privacy of the borrowers. Public shaming of online lending apps is a violation of data privacy act. An initial investigation conducted by the NPC on three big online lending companies showed that the aforementioned practices is a violation of the Data Privacy Act of 2012. Among these practices are: a. Accessing the phone numbers of the borrowers’ contact list without their permission; b. Posting wrong information to the public; and c. ...
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JOSE S. ANDAYA and EDGARDO L. INCIONG v. REGIONAL TRIAL COURT

JOSE S. ANDAYA and EDGARDO L. INCIONG, Petitioners, v. REGIONAL TRIAL COURT, Cebu City, Branch 20, and THE CITY OF CEBU, Respondents. G. R. No. 126661. December 3, 1999 PARDO, J. FACTS : On January 3, 1996, the position of City Director, Cebu City Police Command (chief of police) became vacant after P/Supt. Antonio Enteria was relieved of command. Regional Director Jose Andaya submitted to Mayor Alvin Gracias a list of five (5) eligibles for the mayor to choose one to be appointed as the chief of police of Cebu City. The mayor did not choose anyone from the list of five (5) recommendees because the name of certain P/Chief Inspector Andres Sarmiento was not included therein. However, Andaya refused to agree to Mayor Garcias request to include the name of PCI Sarmiento in the list of police officers for appointment by the mayor. His refusal was based on his contention that Sarmiento was not qualified for the position of chief of police because he failed to suffice the minimum qualificati...
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Location: Cebu City, Cebu, Philippines
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VALENCIDES VERCIDE vs. JUDGE PRISCILLA T. HERNANDEZ

A.M. No. MTJ-00-1265               April 6, 2000 VALENCIDES VERCIDE vs. JUDGE PRISCILLA T. HERNANDEZ, Fifth Municipal Circuit Trial Court, Clarin and Tudela, Misamis Occidental FACTS: Valencides Vercide and his wife filed for recovery of possession of a parcel of land against Daria Lagas Galleros. The land is located in Upper Centro, Tudela, Misamis Occidental. Defendant Galleros is a resident of the same municipality, while complainant and his wife are residents of Dipolog City. Because of this fact, the case was filed in court without prior referral to the Lupong Tagapamayapa. ISSUE: Whether or not Lupong Tagapamayapa has jurisdiction over the case. HELD: According to several cases decided by the Honorable Supreme Court, it was ruled that where parties do not reside in the same city or municipality or in adjoining barangays, there is no requirement for them to submit their dispute involving real property to the Lupong Tagapamayapa. The Lupon sha...
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PEOPLE VS MANALO G.R. No. 107623 230 SCRA 309 February 23, 1994

PEOPLE OF THE PHILIPPINES vs. ANGELITA MANALO y DELA PAZ G.R. No. 107623 230 SCRA 309 February 23, 1994 FACTS: On June 21, 1990, Angelita Manalo was arrested for violation of sections 15 and 18 of Article III of the said law. A surveillance of Manalo's illegal activities was conducted by operatives of the Dangerous Drugs Enforcement Divison. They were able to establish that Manalo was conducting her illegal drug trade at Rotonda, Caniogan, Pasig. The Chief of DDED formed a buy-bust team. PO2 Corpuz acted as the poseur-buyer while the other operatives served as his back-up men. On January 24, 1992, the team proceeded to Rotonda, Caniogan, Pasig. At around ten o’clock in the evening, Corpuz casually approached the accused and said: "Paiskor ng piso" and handed to her a previously marked one hundred (P100.00) peso bill. Manalo reached out for the P100 bill and handed Corpuz a deck of "shabu." The transaction having been consummated, Corpuz signaled his...
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