LEX SCEPTICUS

Soriano vs People and BSP G.R. No. 162336                                                                     February 1, 2010 Facts: Soriano was charged for estafa through falsification of commercial documents for allegedly securing a loan of 48 million in the name of two (2) persons when in fact these individuals did not make any loan in the bank, nor did the bank's officers approved or had any information about the said loan. The state prosecutor conducted a Preliminary Investigation on the basis of letters sent by the officers of Special Investigation of BSP together with 5 affidavits and filed two (2) separate information against Soriano for estafa through falsification of commercial documents and violation of DORSI law. Soriano moved for the quashal of the two (2) informations based on the ground: ...

People of the Philippines and Heirs of Jane Honrales vs Jonathan Honrales G.R. No. 182657                                                          August 25, 2010 Facts: Jane Honrales (Jane) was fatally shot be her husband Jonathan Honrales (Jonathan) which caused his immediate death. An information for parricide was filed against Jonathan in RTC. Then prosecutor moved for the withdrawal of the Information for parricide. During the pendency of the Motion to Withdraw the Information, an Information for reckless imprudence resulting to parricide was filed against Jonathan in the MeTC. Thereafter Jonathan was arraigned in the MeTC and plead guilty to the offense (reckless imprudence resulting to parricide) and moved for the dismissal of the the crime of parricide in the RTC which was thereafter granted by the court. Issue: Whether...

People of the Philippines vs Hon. Francisco Men Abad, Julius Robles, Eduardo Bandao, Marcos Oyagon, Daguyo Uyang, Udulon Lattod, Buccahan Mundiguing, Junior Mundiguing, Piwit Tundagui, Guinomon Chonga-Ap, Fernando Tid-Ong, Julio Ballogan, Fernan Gaggo, Carmen Gaggo and Balbina Pocya GR No. L-55132                                                               August 30, 1988 Facts: Director of Mines issued a commercial lease permit to Felix de Castro (Felix) to quarry, extract, and carry away sand and gravel at Banaue, Ifugao. Felix filed a criminal case against respondents (Robles, Bandao, Oyagon, Uyang, Lattod, Buccahan Mundiguing, Junior Mundiguing, Tundagui, Chonga-Ap, Tid-Ong, Ballogan, Fernan Gaggo, Carmen Gaggo and Pocya)  for "Theft of Minerals." Respondent contended that there is no crime committed for they had...

Jorge Gonzales and Panel of Arbitrators vs Climax Mining Ltd, Climax-Armico Mining Corp. and Autralasian Philippines Mining Inc. GR No. 161957                                                                            February 28,2005 Facts: Gonzales as a claimowner of mineral deposit, entered into a joint-venture via Production-Sharing Letter-Agreement(First Contract)  with Geophil Inc. (Geo) and Inmex Ltd. (Inmex) giving Geo and Inmex 36 months (which was thereafter extended), to develop, operate, mine and exploit the mining claims of Gonzales. Thereafter, Gonzales, Armico, Geo, Inmex and Aumex signed an Addendum Contract (Second Contract)  allowing Armico to apply for FTAA. Climax, Climax-Armico and Australasian then executed a Financial Accomodation Contract (Third Contract) ...

Asaphil Construction and Development Corp. vs Vicente Tuason, Jr., Induplex Inc.  and Mines Adjudication Board G.R. No. 134030                                                                           April 25, 2006 Facts: Tuazon entered into a Contract to Sell (1st contract) with Induplex wheren Induplex agreed to buy all the Perlite Ore that can be found and mined in Tuason's mining claim and in return, Induplex will assist Tuason to secure his rights over the mining claim. Then, Tuason executed an Agreement to Operate Mining Claims (2nd Contract)  in favor of Asaphil. Tuason thereafter filed with the Bureau of Mines-DENR against Induplex and Asaphil for the nullity of the two contracts alleging that the stockholders of Induplex created Ibalon Mineral Resources Inc. and then extrac...

Apex Mining Co. Inc. et al. vs Garcia et al. GR No. 92605                                                            July 16, 1991 Facts: The case involves Apex Mining Co., Inc (Apex for brevity) and Marcopper Mining Corp. (Marcopper for brevity), regarding their conflicting mining claims in a forest reservation (timberland). After Marcopper registered its mining claim in the said area, they came to know that the area is within an existing forest reservation established by Proclamation No. 369. They thereafter abandoned their mining claim in the said forest reservation and thereafter applied for a Prospecting Permit before the Bureau of Mines and Geo-Sciences (BMGS for brevity). However, based on the records of BMGS, the said area is also covered by several mining claims of Apex and other Small Scale Miners. Issue: Whethe...

Benguet Corporation vs Hon. Oscar L. Leviste GR No. L-65021                                                       November 21,1991 Facts: Helen Dizon-Reyes (private-respondent), " Helen" for brevity , filed a case before RTC-Quezon City docketed as Civil Case No. Q-30171 alleging ownership over 11 mining claims and seeking the cancellation of the Operations Agreement entered into by Dizon Mines and Benguet Corporation. The antecedent of the facts are as follows: Helen appointed his father Celestino M. Dizon, " Celestino" for brevity, by virtue of an SPA to be her lawful representative to transfer, assign and dispose her 11 mining claims. Celestino, entered into an Agreement with Dizon Mine granting Dizon Mine to explore, develop, exploit and operate 57 mining claims, which includes the 11 mining claims of Helen. Helen and other claim-ow...