L[aw]rd's Lair

Timeline: The centuries-old tug-of-war over Sabah

SC junks plea to stop Smartmatic from supplying CF cards for May polls

FACTS: Petitioner Leticia P. Ligon (hereafter LIGON) is the mortgagee in three deeds of mortgage covering two parcels of land located along Tandang Sora, Barangay Culiat, Quezon City, belonging to the Islamic Directorate of the Philippines (hereafter IDP).  These deeds of mortgage were executed by certain Abdulrahman R.T. Linzag and Rowaida Busran-Sampaco as security for the loans of P3 million, P2 million, and P4 million, respectively, which IDP allegedly obtained from LIGON. Two groups had earlier vied for control of the IDP, namely, (1) the Carpizo group and (2) the Abbas group. The Carpizo group caused the signing of an alleged Board Resolution authorizing the sale of the two parcels of land mentioned above to private respondent Iglesia ni Cristo. The sale was evidenced by a Deed of Absolute Sale, wherein IDP and INC stipulated that the former would evict all squatters and illegal occupants in the two lots within forty-five (45) days from execution of the sale. IDP f...

FACTS: Dynetics  and  Garcia  filed  a  complaint  for  declaratory  relief  and/or  injunction  against  PISO,  BPI,  LBP,  PCI  Bank  and  RCBC  or  the consortium  with  the  RTC  of  Makati,  seeking  judicial  declaration,  construction  and  interpretation  of  the  validity  of  the  surety  agreement that Dynetics and Garcia  entered into with  the consortium  and to perpetually enjoin the latter from claiming, collecting and  enforcing any  purported obligations  which Dynetics  and Garcia might have undertaken in the  agreement. Seven  months  later,  Dynetics,  Garcia  and  Matrix  ...

FACTS: This is a case filed by former Representative Bondoc charging Judge Aquino-Simbulan with partiality, gross ignorance of the law and gross misconduct in the handling of Criminal case entitled “People v Totaan”. Complainant bewailed: (1) the respondent’s attempt to have the cases settled in an “off-the-record” huddle with the parties’ lawyers because she did not want the accused to be administratively suspended; (2) the respondent’s order to “fast track” the cases because the accused had been suspended upon the motion of the private prosecutors. The complainant then narrated the instances when his lawyers were alleged given a hard time and subjected to indignities by the respondent in her desire to fast track the criminal case. On the other hand, the respondent pointed out that an examination of the complaint would readily show that it was prepared by the private prosecutors, Attys. Stephen David and Lanee David, who wove a tale lies and distortions regarding the proceedings to ...

FACTS: Flores was the defendant in a civil case which involved an admitted indebtedness of Flores to the plaintiff, Rolando Ligon, of about 1.8 million pesos. A judgment based on compromise was rendered by the late Judge Castro, providing for payment of the debt in stated installments and, in the event of default, acceleration of the obligation and the surrender of the “Paranaque Cockpit” (held by Flores under lease) to Ligon for the latter to manage and operate. The Trial court promulgated an order declaring Flores to have breached the compromise judgment, the writ of execution was issued. Flores appealed the order to the CA to nullify the writ and filed certiorari action in the same court. The decision of the CA favors Flores –vindicating his right to possess the cockpit on a finding that he had not infringed the compromise judgment. Flores asked the Trial court to restore possession of the cockpit, this was granted by Judge Abesamis (April 5, 1988) but only on April 20, 1988 b...

FACTS: Suan filed this complaint alleging that respondent engaged in unlawful, dishonest, immoral or deceitful conduct when he submitted the certification to the RTC despite knowing that the same is applicable only for transactions before the MTCC; and that the bond was defective because it was released by SICI despite respondent’s failure to put up the required P100,000.00 collateral. Suan also claimed that in the complaint filed by respondent, together with Eduardo, Purisima, Ruben, and Manuel, all surnamed Tan, before the  Bangko Sentral ng Pilipinas  (BSP) against Ismael E. Andaya and the members of the Board of Directors of the Rural Green Bank of Caraga, Inc. for alleged gross violation of the principles of good corporate governance, they represented themselves as the bank’s minority stockholders with a total holdings amounting to more or less  P5 million  while the controlling stockholders own approximately  80%  of the authorized capital ...

FACTS: Petitioners secured the services of Atty. Paneda to help and defend them in the civil case filed against them. Atty. Paneda failed to submit the pre-trial brief for the petitioners behalf despite the order and notice of the court. He also failed to appear during the pre-trial hearing. As a result, petitioners were declared in default because of the failure of their counsel to file and submit pre-trial brief, the court allowed to hear the case ex parte. The court issued decision against the petitioners. Atty. Paneda filed motion for reconsideration but the same was dismissed. Atty. Paneda told petitioners that he will appeal the case to the CA and they agreed. He filed a notice of appeal. Petitioners paid the required fees and he even required petitioners to shell out more money for the preparation of the Appeal brief. Petitioner waited for so long for the decision of the CA and found out later that their appeal was dismissed due to lack of appeal brief only when they went to A...

FACTS: Accused Hilaria Cabero presented a written complaint, statement and affidavit to the court of the justice of peace, duly subscribed and sworn to by her before the justice of the peace, when in fact she well knew that the said complaint, statement and affidavit were false and untrue. She was charged with the crime of perjury. However, the lower court dismissed the information as it does not fall under Art. 183 of the RPC or  Art. 180 of the said Code. Hence, the Solicitor- General brought this appeal. ISSUE: Can a false affidavit in a complaint give rise to perjury? HOLDING: The indictment in the complaint closely follows Art. 183 and alleges every fact required by that article. An affidavit was made upon material matters before the competent person authorized to administer an oath required by law. It is further clearly alleged that the accused well knew that the affidavit in question made by her was false and untrue upon the material matters recited. It would ...

FACTS: This case is by virtue of an appeal interposed by the Solicitor-General to the resolution of the Court of First Instance of Cavite dismissing said case for the following reasons: first, that the accused Sotero Peji Bautista was not given a preliminary investigation before trial; and second, that said accused had been twice put in jeopardy. The accused Bautista was charged by one Ong Loo in the justice of the peace court of Kawit, Cavite, with having violated the provisions of article 183 of the Revised Penal Code on May 30, 1935 by knowingly subscribing under oath a false affidavit. After the preliminary investigation required by law, the justice of the peace remanded the case to the Court of First Instance because it did not fall under his jurisdiction and he reached the conclusion that there were reasonable grounds to believe that the crime was committed by the accused. However , the provincial fiscal, filed another charging him with false testimony in a criminal case ...

People v. Capistrano [40 Phil. 902] FACTS: Accused-appellant Barbara Capistrano stated under oath two contradictory statement: one before the Assistant prosecutor who conducted the preliminary investigation before filing the information against her father Alejo Capistrano for Rape, statement whereby she was accusing the latter of the said crime; and another before the Court of first instance at the hearing of the same cause for rape, saying that the one call Juan Sol, and that for her fear to the latter who had threatened her, she made the former statement before the fiscal imputing the commission of the crime to his father. In view thereof, the fiscal filed a case against her for the crime of perjury. ISSUE: WON the two contradictory sworn statement are enough to convict the accused of perjury. HOLDING: The Court ruled that in order to hold the accused guilty of the crime of perjury, it was necessary to prove that she did not believe said testimony as true or, what amoun...

People v. Reyes [48 O.G. 1837] FACTS: The accused was the star witness in a prosecution for robbery against Jemenia. Before the trial, the accused executed an affidavit in which he manifested that he was not interested in the prosecution of the case and that he wanted to give the accused “a chance to earn his living wisely in the honest way.” The fiscal refused to ask for the dismissal of the case. When the case was called for trial, the accused, who was asked to identify Jemenia, testified that he could not remember anymore the face of Jemenia. After further questions failed to elicit other data, the case against Jemenia was dismissed by the court, resulting in his acquittal. ISSUE: Is it necessary that the false testimony directly influence the decision of acquittal to be liable under Article 181 of the RPC? HOLDING: The contention of the defense that the acquittal of Jemenia was due to failure of the fiscal to call other witnesses who could have properly identified Jem...

People v. Lidres (108 Phil. 995) FACTS: Dionisio Lidres and Josita Diotay filed their applications as substitute teacher for Magdalena Echavez. The Supervising teacher requested Diotay to sign an agreement, wherein both Diotay and defendant agreed to take over Echavez’ position on a “50-50” basis, e.i that is the period from January to March 1954, would be equally divided between them. Diotay then took over and began teaching.             However, on February 12, 1954, Lidres went to the school with a letter of resignation and asked Diotay to sign it, the latter refused. Lidres told Diotay that whether she like it or not, he would take over her class on February 22, 1954. True to his word Lidres went to the said class and insisted to take over. He held class with the half of the class and erased Diotay’s name from the attendance chart and place his own. Diotay informed the principal and the following day they were summoned b...