LEX SCEPTICUS

Leviste vs CA  GR No 189122                                                                 March 17, 2010 Facts: Jose Antonio Leviste  was charged with the crime of murder but was convicted by the RTC for the lesser crime of homicide. He appealed the RTC's decision to the CA then he field an application for admission to bail pending appeal, due to his advanced age and health condition, and claiming the absence of any risk or possibility of flight on his part. The CA denied his application on the ground that the discretion to extend bail during the course of appeal should be exercised with grave caution and only for strong reasons. That bail is not a sick pass for an ailing or aged detainee or a prisoner needing medical care outside the prison facility. On this matter, Levisete questioned the ruling of the CA and averred that the CA committed grave abuse of discretion in the denial of his application for bail considering that none of the conditions justifying denia

Canlas et. al., vs NAPICO Homeowners Association  GR No 182795                                                                                  June 5, 2008 Facts: Petitioners are settlers in a certain parcel of land. Their dwellings have been demolished or is about to be demolished pursuant to a court judgment. They filed a petition for writ of amparo to summon some unprincipled Land Officials as they allege to answer their participation in the issuance of fraudulent titles to NAPICO.  Issue: Whether or not  writ of amparo is proper in this case. Ruling: No, writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The threatened demolition is not included among the enumeration of rights protected by the writ. Their claim to their dwelling does not constitute right to life, liberty,

Quelnan vs People  GR No 166061                                                                                      July 6, 2007 Facts: Sometime in 1996, the Police Assistance and Reaction Against Crime (PARAC) was tasked to implement a search warrant to a certain Bernard Lim for probably possessing MA HCI (Shabu). The team was escorted to the unit by the security officer (Punsaran), upon arrival at the place to be searched, a male person naked from the waist up opened the door, which was later identified as Quelnan. The team presented the search warrant and proceeded with the search. In the presence of Quelnan and Punsaran, they found on top of a bedroom table 3 pieces of transparent plastic sachet containing white crystalline substance which was later examined as Shabu. The next day, Quelnan was arrested for violation of Sec. 16 Art. III of RA 6425. Quelnan in his defense averred that he is not residing in the said unit, but he is the registered owner of the said unit

People vs Meliton Jalbuena GR No 171163                                                                                          July 4, 2007 Facts: In the morning of August 1996, AAA a minor, was raped by her father Jalbuena. while her mother BBB was out of the house, Jalbuena approached AAA while she was in bed and pulled down her underwear, placed himself on top of her, and inserted his penis in her vagina. AAA was threatened not to report the incident to anyone, otherwise something bad will happen to her. The incident happened on two other occasions, the last was in the morning and witnessed by her uncle CCC while Jalbuena was on top of her. CCC reported what he saw to AAA’s grandfather who advised AAA to avoid her father, to an aunt as well as to BBB who refused to believe it. AAA thereafter, told her two classmates about the incident which reported the same to their teacher, who in turned reported and brought her to the school principal. Dr. Salumbides then examined

Rizal Alih et. al., vs Castro GR No L-69401                                                                                 June 23, 1987 Facts: A group of more than 200 Philippine marines and home defense forces raided the compound occupied by the petitioners (Rizal Alih et. al.) is search of loose firearms, ammunition and other explosives. The people inside the compound resisted the invasion and a crossfire between the Philippine marines and the petitioner occurred, resulting in number of casualties. The petitioners surrendered the next morning and 16 occupants were arrested, later to be finger-printed, paraffin-tested and photographed over their objection. The military also inventoried and confiscated several M16 rifles, M14 rifle, rifle grenades and rounds of ammunition. Petitioner filed a petition for prohibition and mandamus with preliminary injunction and restraining order. Their purpose was to recover the articles seized from them, to prevent these from being used as evi

Desierto vs Heirs of Margarita Ventura GR No 151800                                                    November 5, 2009 Facts: Heirs of Margarita Ventura ( the Heirs) filed with the Office of the Ombudsman a complaint for Falsification of Public Documents and violation of Sec. 3 (e) of RA 3019 against Zenaida Palacio and spouses Edilberto and Celerina Darang. Palacio being the OIC of DAR designated Celerina to investigate the claims of the Heirs agaist her former husband Edilberto. Celerina supported the report with public documents which she falsified and Palacio issed a recommendation based on that report to award the landholding in dispute to Edilberto. The DARAB recommended that the charged against the respondents be dismissed for insufficiency of evidence. The CA then took cognizance of the case and granted the provisional dismissal the complaint against respondent for violation of Sec 3 (e) of RA 3019 but denied the dismissal of the complaint for falsification of

MERALCO, Alexander Deyto and Ruben Sapitula vs Rosarion Gopez Lim GR No 184769                                                                   October 5, 2010 Facts: Lim is an administrative clerk at MERALCO, an anonymous letter was posted at the door of her assigned office denouncing respondent. By Memorandum of Alexander (head of MERALCO Human Resource Staffing), he directed the transfer of respondent to another sector due to the accusations and threats against her from unknown individuals and which could possible compromise her safety and security. Lim then requested deferment of his transfer, but due to futility, she filed a TRO for her transfer and a petition for issuance of a writ of habeas data against MERALCO commanding MERALCO, to wit: Full disclosure of a the data or information about respondent in relation to the report purportedly received by petitioners on the alleged threat to her safety and security;  The nature of such data and te purpose of its collection;

Ramiscal Jr vs SANDIGANBAYAN and People of the Philippines GR Nos 172476-99                                                                         September 15, 2010 Facts: Ramiscal Jr (Ramiscal) was a retired officer of AFP and the former president of AFP-Retirement and Separation Benefits System (AFP-RSBS). During his incumbency, the BOD of AFP-RSBS approved the acquisition of 15,020 sq. m. of land for development as housing projects. On August 1, 1997 AFP-RSBS as represented by Ramiscal Jr., and Flaviano the attorney-in-fact of 12 individual vendors executed and signed a bilateral Deed of Sale (1st Deed) over the subject property at the agreed price of P 10,500.00 per sq. m. After the payment @ P 10,500.00 per sq. m., Flaviano executed and signed a unilateral Deed of Sale (2nd Deed) over the same property with a purchase price of P 3,000.00 per sq. m. Thereafter the 2nd Deed was presented by Flaviano for registration which became the basis of the Certificate of Title of the s

People vs Combate GR No 189301                                                 December 15, 2010 Facts: Jose Pepito Combate (Combate) was charged for killing Edmundo O. Prayco and Leopoldo P. Guiro, Jr. The prosecution’s version of the facts was that on March 16, 1995, Tomaro parked hiss passenger jeepney at the garage of Leopoldo’s mother, at the house of Leopoldo. Upon entering the gate of Leopoldo’s house he met Leopoldo and Edmundo who was on their way out and also invited him to join then in drinking liquor which he decline for he was already tired. As he was about to went up the stairs he heard a gunshot. He rushed back to the road and saw Combate pointing a gun at the fallen Leopoldo. Edmund was about to intervene, but Combate also shot him at a very close range. Thereafter he fired another shot against Leopoldo. Tomaro rushed to help them and pleaded for his life, but, Combate pointed his gun at Tomaro and pulled the trigger but the gun did not fire. TOmaro then

Bonifacio et al., vs RTC Makati and Jessie John Gimenez GR No 184800                                                                           May 5, 2010 Facts: Jessie John Gimenez (Gimenez) filed in behalf of Yuchenco Family of Yuchenco Group of Companies (YGC) and Malayan Insurance Co., (Malayan), a criminal complain for 13 counts of libel under Art. 355 in relation to Art. 353 of the RPC against the members of Paents Enabling Parents Coalition Inc (PEPCI), a group of discontented planholders of Pacific Plans, Inc (PPI) which is owned by the Yuchengco’s, for they previously purchased traditional pre-need educational plans but were unable to collect thereon or avail of the benefits of such after PPI, due to liquidity concerns, filed for corporate rehabilitation with prayer of suspension of payments. That PEPCI members owns and moderates a website and a blog with web domains: www.pacificnoplan.blogspot.com, www.pepcoalition.com, and no2pep2010@yahoogroups.com. Gimenez alleg