Francisco Hermosisima vs. Court of Appeals

Facts: Complainant Soledad Cagigas then a teacher in the Sibonga Provincial High School in Cebu, and petitioner, who was almost ten (10) years younger than she, used to go around together and were regarded as engaged, although he had made no promise of marriage prior thereto.  She gave up teaching and opt to become a life insurance underwriter in Cebu City where the relationship of him and petitioner and that they have sexual relations. The petitioner promised to marry  Cagigas and that they have borne a child Chris Hermosisima. Subsequently on July 24, 1954, Francisco married Romanita Perez.

Issue: Whether or not mere breach of promise to marry is actionable?

Held: It has been ruled for many cases that promise to marry is not actionable. The Civil Code does not provide for such. The decision of the RTC was eliminated by the SC.

Sergio Amonoy vs. Spouses Jose and Angela Gutierrez

February 15, 2001 351 SCRA 73

Ponente: Justice Panganiban

Facts: The case springs from Special Proceedings of estate of Julio Cantolos. Amonoy was the counsel of the intestate. The attorney’s fee charged was P27,000.00 and 2 of the intestate, Asuncion Pasamba and Alonso Formilda executed a real estate mortgage of the 2 parcels of land adjudicated for them in favor of Amonoy to secure the said attorney’s fee. It was only on August 6, 1969 when the taxes are paid, claims are settles and properties adjudicated, the real estate was declared closed and terminated. Amonoy filed a civil case because he was not paid, but the fees were decreased. On September 1972, judgment was in favor of Amonoy ordering the heirs to pay within 90 days and if not 2 lots will be sold for public auction. Amonoy was the highest bidder and included were the lot where the house of the Gutierrez’s was built. On September 1985 twin motions were filed and a TRO was issued. The decision of the SC was promulgated but the house was already demolished. A complaint for damages were filed in the RTC, dismissed the suit. On appeal to the CA, the RTC was set aside and ordering the petitioner  to pay.

Issue: Whether or not the petitioner is liable for damages?

Held: This case cannot be one of those cases that held “damnum absque injuria.”  Clearly then, the demolition of respondents’ house by petitioner, despite his receipt of the TRO, was not only an abuse but also an unlawful exercise of such right.  In insisting on his alleged right, he wantonly violated this Court’s Order and wittingly caused the destruction of respondents’ house. 

Beatriz Wassmer vs. Francisco Velez

December 26, 1964 129 SCRA 1440

Ponente: Justice Bengzon

Facts: Petitioner and respondent planned to get married but 3 days before the day of the ceremony, the respondent flew to his hometown in Cagayan de Oro City in Mindanao and left his bride to be a letter that their marriage be cancelled because his mother opposes such and even instructing her to keep his withdrawal from marriage discreet to avoid scandal. But the next day another telegram was sent by the respondent saying that their marriage will continue but the groom failed to appear. Petitioner files for an action for damages and there being no answer from the other party it was held on default. The defendant moved for reconsideration but the court ordered them to appear before the court where the defendant failed to appear. The defendant alleged that the case involves a mere breach of promise to marry which is not an actionable wrong.

Issue: Whether or not the case involves a mere breach of promise to marry?

Whether or not damages can be recovered by the aggrieved party?

Held: This case does NOT involve a mere breach of promise to marry because there were already publicity, invitations have been delivered, the dress was already paid and all the preparations were already set therefore there is really intent to marry. And in accordance to Article 21 of the Civil Code, one can recover damages because the defendant’s action is contrary to good customs. 

Ramon Felipe vs. Jose Leuterio

May 30, 1952 92 SCRA 482

Ponente: Justice Bengzon

Facts: On March 12, 1950 an inter-collegiate oratorical competition was held in Naga City. Felipe was one of the Judges and was the chairman. Nosce was awarded the first price and Imperial the second price. Imperial addressed a letter to the Board of Judges protesting the verdict and alleged that one of the judges committed a mathematical error on computing the scores. The Board refused to amend their award, Imperial filed a complaint in court. She asserts that she should have ranked 3^rd place in the vote, which makes her score 9 or the First place.

Issue: Whether the RTC reverse the decision of the board of judges to obtain a new award?

Held: Members of the court sometimes are members of the board of judges in an oratorical contest. But it is UNWRITTEN in the law that in such contests the decisions of the board of judges be final and cannot be appealed. The contestants do not have the right to the prizes because theirs is only a privilege to compete for the prize and did not become a demandable right. The respondent judge erred in his reasoning that where there is a wrong there is remedy. To quote “The flaw in his reasoning lies in the assumption that Imperial suffered some wrong at the hands of the board of judges. If at all, there was error on the part of one judge, at most. Error and wrong do not mean the same thing. "Wrong" as used in the aforesaid legal principle is the deprivation or violation of a right. As stated before, a contestant has no right to the prize unless and until he or she is declared winner by the board of referees or judges. Granting that Imperial suffered some loss or injury, yet in law there are instances of "damnum absque injuria". This is one of them. If fraud or malice had been proven, it would be a different proposition. But then her action should be directed against the individual judge or judges who fraudulently or maliciously injured her. Not against the other judges.”

GF Equity Inc, vs. Arturo Valenzona

June 30, 2005 462 SCRA 466

Ponente: Justice Carpio-Morales

Facts: GF Equity hired Valenzona as Head Coach of the Alaska team in Philippine Basketball Association under contract. Under the contract Valenzona will receive a monthly salary of P35,000, net of taxes, a service vehicle with gasoline allowance. Although, he had consulted his lawyer for the stipulations in the contract and was pointed by his counsel that there is an one-sidedness face still he agreed to the contract. Later on, he was terminated from being the Head Coach on grounds that the management believes he did not comply of all his duties as coach. Valenzona filed in RTC of Manila against the GF Equity of breach of contract with damages. The RTC dismissed the complaint stating that the contract was valid and that he is aware of the bad bargain. In the CA, where he appealed, the appellate court reversed the RTC’s decision and thus ordered HF Equity liable for damages. Hence this petition.

Issue: Whether or not the contract violated the rules on mutuality of contract resulting from breach of contract and therefore a recovery of damages can be awarded?

Held: The CA bases their judgment on Article 19 of the Civil Code, or the principle of abuse of rights. The same code also provides for the mutuality of contracts where both parties are bound and must adhere to the contract. The stipulation wherein, the management, on its sole opinion can terminate the employment of the defendant is violative and thus is null and void. GF Equity failed to consider the principle of abuse of right clearly stated in Article 19 of the CC. The pre-termination is anchored which is contrary to law and thereby abusing the right of Valenzona, entitles him of damages in consonance with Article 19 in relation to Article 20 of the CC. 

Consolidated Case Nakpil & Sons et. al. vs. Court of Appeals

October 3, 1986 160 SCRA 334

Ponented: Justice Paras

Facts: In the RTC of Manila, PBA filed a complaint for damages and thus was appealed to the CA where judgment was modified as what the RTC rendered in favor of the plaintiff. PBA constructed a building whereby the construction was undertaken by United Construction Inc, (UCI). Approved by the president of PBA, the plans and specification were prepared by Nakpil & Sons. August 2, 1968, earthquake hit Manila and thus damaging properties where the building of PBA was one of which. November 29 of that same year, plaintiff PBA filed suit for recovery of damages against the UCI. The UCI in turned filed suit against Nakpil & Sons, by which in March 3, 1969 filed their written stipulation. In the RTC, technical issues were submitted to Commissioner Hizon and as for other issues the Court resolved. Commissioner sustained that the building was caused directly by the earthquake and maintained that the specification were not followed.

Issue(SC issue): Whether or not an Act of God-fortuitous event, exempts liability from parties who are otherwise liable because of their negligence?

Held: Although the general rule for fortuitous events stated in Article 1174 of the Civil Code exempts liability when there is an Act of God, thus if in the concurrence of such event there be fraud, negligence, delay in the performance of the obligation, the obligor cannot escape liability therefore there can be an action for recovery of damages. The negligence of the defendant was shown when and proved that there was an alteration of the plans and specification that had been so stipulated among them. Therefore, therefore there should be no question that NAKPIL and UNITED are liable for damages because of the collapse of the building. 

Dominador Aytona vs. Andres Castillo

January 19, 1962 4SCRA 1

Ponente: CJ Bengzon

Facts: December 19, 1961, Aytona was appointed as ad interim Governor of Central Bank and took oath and office on the same date. Noon of December 30, 1961 President elect D. Macapagal assumed office and subsequently on December 31, 1961 issued Order No. 2, cancelling all ad interim appointments made by the previous Chief of State. On the 1^st day of January 1962, Castillo was appointed by the incumbent president as Governor of Central Bank therefor replacing the ad interim appointee Aytona, and the former qualified immediately. Aytona instituted a qou warranto proceeding challenging the right of Castillo to exercise his right to the said post.

Issue: Whether or not the new president has the power to cancel all ad interim appointments made by the previous president after they have all qualified?

Held: To quote “We are informed, it is Malacañan's practice — which we find to be logical — to submit ad interim appointments only when the Commission on Appointments is in session. One good reason for the practice is that only those who have accepted the appointment and qualified are submitted for confirmation. Nevertheless, this time, Malacañan submitted its appointments on the same day they were issued; and the Commission was not then in session; obviously because it foresaw the possibility that the incoming President would refuse to submit later the appointees of his predecessor. As a result, as already adverted to, some persons whose names were submitted for confirmation had not qualified nor accepted their appointments.” 

PNB vs. CA

Facts: A certain Rita Tapnio (Mrs. Tapnio) was indebted to the petitioner Bank with the amount of P2,000. A bond was executed by the Petitioner and the defendant as principal to guarantee such debt. Demands were sent to defendant but she believed of not having a debt to the Bank because an agreement between him and Mr. Tuazon, the excess sugar quota will be leased, was noted by the said Bank thus Mrs. Tapnio filed for damages in that case. The Bank posits that having a lien on the crops harvested by Mrs. Tapnio, they can collect from her. Mr. Tuazon who agrees to the lease, which could have absolved Mrs. Tapnio from her debt to the Bank, later on communicated his withdrawal from the agreement because the bank would not consider that the rental will be in P2.80 per picul because they would want a P13.00 per picul, which the parties were not notified by the bank.  The RTC granted the defendant Mrs. Tapnio awards for damages against the Bank that led to appeal which the CA denied the petition, came this petition in the SC.

Issue: Whether or not the Bank is held liable for damages under Article 21 of the Civil Code?

Held: To quote the SC, “While petitioner had the ultimate authority of approving or disapproving the proposed lease since the quota was mortgaged to the Bank, the latter certainly cannot escape its responsibility of observing, for the protection of the interest of private respondents, that degree of care, precaution and vigilance which the circumstances justly demand in approving or disapproving the lease of said sugar quota.” Because the Bank failed to convey their non-consideration of the lease price to the defendant, it showed their lack of diligence, and did not comply on the provision of Article 21 of the Civil Code which in turn held them liable for damages.

RCPI vs. CA

Facts: 24^th of January 1983 private respondent spouses sent a telegram of condolence to their cousins through the herein petioner RCPI. The telegram was in perfect resemblance as to what was intended by the spouses however, it was written on a birthday card and was sealed in on a “Christmasgram” envelope.  The spouses contended there was a breach of contract on the part of the RCPI, they in turn filed complaint on the trial court where it rendered its decision in favor of the spouses whereas, it was appealed in the CA where also the judgment in the lower court was affirmed in toto. Thus, the RCPI came to this Court for relief contending issues that the CA erred in rendering such judgment.

Issue: Whether or not the petitioner committed a breach of contract?

Whether or not the RCPI are held liable for damages?

Held: The Court agrees with the appellate court in its decision and per endorsement of the trial court’s findings that the RCPI as a corporation dealing with telecommunication are engaged in public interest and therefore rests in their shoulders an obligation to serve the public with care and without negligence. The reason of shortage in their production of the appropriate envelope is of no value to merit for it is their duty to have produced such. The negligence committed is evidentially sufficient to recover damages because the spouses suffered from ridicule amongst the people who have come to have knowledge of such activity. 

Albetz Investment Inc., vs. CA

February 28, 1977 75 SCRA 310

Ponente: Justice Antonio

Facts: This is an action for damages caused to the plaintiffs' properties due to the alleged indiscriminate, negligent, and wanton demolition of the house of the plaintiffs when the sheriff served the writ of execution issued by the Municipal Court. Spouses were the lessees of that lot  No. 27 pt., Block No. BP-52 of a subdivision plan and located No. 816 Prudencio Street, Sampaloc, Manila.  Albetz Investments, Inc., the lessor, needing the premises in order to construct a new building, demanded delivery of the lot to it and upon refusal of of the Calma Spouses, Albetz Investments, Inc. brought an action of unlawful detainer against Vicenta Calma. Vicenta Calma and others filed a petition for certiorari with preliminary injunction on September 7, 1964 in the Court of First Instance of Manila. Alleging that the demolition was illegal because it was made eight (8) months after issuance of the demolition order, and that the manner it was carried out was indiscriminate, causing damage to their personal properties, the spouses Calma, owners of the house, and the spouses Umengan, occupants of its ground floor, commenced the instant action in the Court of First Instance of Manila. On the principal grounds that the order of demolition was no longer in force, having been issued eight (8) months before its enforcement, and that the said spouses were not notified of the order of demolition, and they demolished the house indiscrimately and the personal properties were carelessly placed, resulting in their being damaged, the Court of First Instance rendered judgment in favor of the plaintiffs and against the defendant, awarding them damages in specified amounts, as well as attorney's fees and costs of suit. Defendant appealed to the Court of Appeals.

Issue(s): Whether or not there can be a recovery of damage in consonance with Article 19 of the Civil Code?

Held: We find, on the basis of the records, that the Calma spouses could not have been unaware of the order of demolition prior to the date when their house was actually demolished.  It is apparent, therefore, that the Calma spouses were given more than sufficient time to comply with the order of the Municipal Court to remove voluntarily their house from the premises. It is not even necessary to await the order of demolition to be served upon the said spouses before carrying out the writ of demolition. Certainly, the demolition complained of in the case at bar was not carried out in a manner consistent with justice and good faith. At the instance of petitioner, it was done in a swift, unconscionable manner, giving the occupants of the house no time at all to remove their belongings therefrom. No damage worth mentioning would have been sustained by petitioner Albetz Investments, Inc. if their men, led by the Sheriff, had been instructed to allow said occupants to remove their personal properties, considering that this would not have taken a considerable length of time.

Pastor Tenchaves vs. Vicenta Escaño

November 29, 1965 122 SCRA 752

Ponente: Justice Reyes

Facts: Vicenta Escaño, 27 years of age exchanged marriage vows with Pastor Tenchavez, 32 years of age, without the knowledge of her parents, before a Catholic chaplain. The marriage was the culmination of a previous love affair and was duly registered with the local civil register. Mamerto Escaño was handed by a maid, whose name he claims he does not remember, a letter purportedly coming from San Carlos college students and disclosing an amorous relationship between Pastor Tenchavez and Pacita Noel; Vicenta translated the letter to her father, and thereafter would not agree to a new marriage. Vicenta was not allowed to see Pastor and therefore they became estranged, Vicenta then went to Misamis Occidental and later on went abroad and somehow had lived there and where she file an absolute divorce against her husband. Tenchaves filed in Cebu RTC for relief and even accusing the parents of his wife of alienating the affection of his wife which caused the separation between the couple.

Issue: Whether or not the marriage of Vicenta and Pastor valid?

Whether or not damages may be recovered of the aggrieved party?

Held: The Court held that Pastor and Vincenta’s marriage was valid because the essential requisites for marriage was duly complied with by both parties although the circumstances that had occurred prevented their union as husband and wife. Therefore, it must concluded that under Philippine laws the divorce filed by Vicenta was of no value and thus her second marriage become bigamous and is not valid in our jurisdiction. The Court afforded for the plaintiff a decree of legal separation is but a rightful remedy, the filing of the defendant a divorce is an evidence of their subsisting marriage. While on the issue of damages, the defendant has a right to recover damages from the defendant but the parents of the defendant must be absolved for they were not participative of the acts committed by their daughter, they were even the ones who would want a recelebration of marriage. 

Rommel Jacinto Dantes Silverio vs. Republic of the Philippines

October 22, 2007 537 SCRA 473

Ponente: Justice Corona

Facts: Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate in the Regional Trial Court of Manila. Petitioner alleged in his petition that he was born in the City of Manila to the spouses Melecio Petines Silverio and Anita Aquino Dantes on April 4, 1962. His name was registered as "Rommel Jacinto Dantes Silverio" in his certificate of live birth (birth certificate). His sex was registered as "male." He further alleged that he is a male transsexual. He underwent psychological examination, hormone treatment and breast augmentation. His attempts to transform himself to a "woman" culminated on January 27, 2001 when he underwent sex reassignment surgery² in Bangkok, Thailand. Petitioner lived as a female and was in fact engaged to be married. An order setting the case for initial hearing. On June 4, 2003, the trial court rendered a decision⁴ in favor of petitioner. On August 18, 2003, the Republic of the Philippines (Republic), thru the OSG, filed a petition for certiorari in the Court of Appeals.⁶ It alleged that there is no law allowing the change of entries in the birth certificate by reason of sex alteration. February 23, 2006, the Court of Appeals⁷ rendered a decision in favor of the Republic. Petitioner moved for reconsideration but it was denied. Petitioner essentially claims that the change of his name and sex in his birth certificate is allowed under Articles 407 to 413 of the Civil Code, Rules 103 and 108 of the Rules of Court and RA 9048.

Issues:

(Issue in the RTC and CA) sole issue here is whether or not petitioner is entitled to the relief asked for.

Whether or not a person’s first name be change because of sex reassignment?

Whether or not entries in the B.C. be change on the basis of equity?

Held: Where the RTC affirms the petition filed by the herein petitioner, through the OSG, the republic appealed the case in the Court of Appeals, whereby the decision was set aside because there is no law that provides for the change of first name because of a sex reassignment. The SC rules out that the petition lacks merit where it was denied. The SC held that a person’s first name cannot be change because of sex reassignment and RA 9048 deliberately expounded on how a name can be change and sex reassignment is not one of them.  Furthermore, the SC held No Law Allows The Change of Entry In The Birth Certificate As To Sex On the Ground of Sex Reassignment. It is but clear to state that a person’s status is determined at birth and not by reassignment. "Status" refers to the circumstances affecting the legal situation (that is, the sum total of capacities and incapacities) of a person in view of his age, nationality and his family membership. 

Cui vs Arellano University

GR No. L-15127


Facts: The petitioner was a law student in the respondent university and was a scholar in the said university therefore he did not pay his tuition because of his scholarship grant. When he was reaching his 4th year, to follow where his uncle, former Dean of the College of Law in the respondent University transferred to another school, petitioner felt the need to transfer and leave the respondent University. After graduating and he was about to take the Bar exams, he was obtaining his Transcript of records from the respondent university where the university is collecting from him the total amount of his tuition because he transferred, therefore the University is asking for the payment. Director of Private Schools issued a Memorandum, where on the second paragraph clearly stated that scholarship grants need not to be reimbursed when a granted student transfer. The respondent University alleged that the Memorandum be declared null and void.




Issue(s): Whether the contract entered by the petitioner and respondent void?




Held: The Court in in lieu with the lower court in saying that it in the affirmative. Thus, The nature of the issue before us, and its far reaching effects, transcend personal equations and demand a determination of the case from a high impersonal plane. Neither do we deem it essential to pass upon the validity of said Memorandum No. 38, for, regardless of the same, we are of the opinion that the stipulation in question is contrary to public policy and, hence, null and void. The aforesaid memorandum merely incorporates a sound principle of public policy. 
                 

People vs Pimentedl

G.R. No. 100210.  April 1, 1998


Facts: In 1983, Tujan was charged with possession of illegal firearms and in 1990 he was once again charged of the same and was posed with no bail. The counsel of the defendant then filed a motion to quash the case where the petitioner opposed standing that Tujan was not in double jeopardy. Petitioner now comes to this Court, claiming that: (1) the decision of the Court of Appeals is not in accord with the law and applicable jurisprudence; and (2) it was deprived of due process to prosecute and prove its case against private respondent Antonio Tujan in Criminal Case No. 1789.




Issue: Whether the respondent court erred in not applying the accord law and jurisprudence?




Held: The Court of Appeals considered as duplicitous the Information for violation of  P.D. No. 1866 filed against private respondent Antonio Tujan. The ruling of the Court of Appeals is erroneous. 

Aguillon vs Director of Lands Case Digest

G.R. No. L-5448 December 16, 1910


Facts: Severo Aguillon, the petitioner, presented a petition in the Court of Land Registration for the registration of certain parcels of land described in the said petition. the Attorney-General, representing the Insular Government, opposed the registration of the parcels of land in question, upon the theory that the said land belonged to the Government. At the time of the trial of the cause the Director of Lands amended his opposition to the registration of the parcels of land in question, alleging that the plans presented by the petitioner had not been prepared in conformity with the provisions of sections 4 and 5 of Act No. 1875 of the Philippine Agriculture. The appellee contends that, inasmuch as his plans had been prepared long before the enactment of the said Act No. 1875, the same was not applicable, for the reason that to make the law applicable to the present case would be giving to said law a retroactive effect, and cites article 3 of the Civil Code


Issue: Whether the Republic Act in question applies to the case of the petitioner?




Held: In our opinion the law does not have a retroactive effect. It only applied to cases which were begun in the Court of Land Registration after its enactment. It is a doctrine well established that the procedure of the court may be changed at any time and become effective at once, so long as it does not affect or change vested rights. The judgment of the lower court should be reversed and stand reversed until with the provisions of Act No. 1875, and the case is hereby ordered to be returned to the lower court with direction that the petitioner present his plans in accordance with said Act.


Aguillon vs Director of Lands Digest

Castro vs Sagales Case Digest

G.R. No. L-6359        




Facts: Republic Act No. 772 effective June 20, 1952 conferred upon the Workmen's Compensation Commissioner "exclusive jurisdiction" to hear and decide claims for compensation under the Workmen's Compensation Act, subject to appeal to this Supreme Court. Before the passage of said Act demands for compensation had to be submitted to the regular courts. The fatal accident which befell Dioscoro Cruz, husband of plaintiff Carmen Cruz, having occurred in January 1952 and action having been commenced in the Court of First Instance of Bulacan in August, 1952 .1 For the appellants, it is contended that the date of the accident, and not the date of filing the complaint, should be considered because the right to compensation of the laborer or employees or his dependents, like the obligation of the employer to pay the same, begins from the very moment of the accident.


Issue: the resultant issue is the proper forum: either the courts or the Workmen's Compensation Commission


Held: It is true that the right arises from the moment of the accident, but such right must be declared or confirmed by the government agency empowered by law to make the declaration. Republic Act No. 772 is very clear that on and after June 20, 1952 all claims for compensation shall be decided exclusively by the Workmen's Compensation Commissioner, subject to appeal to the Supreme Court. This claim having been formulated for the first time in August,1952 in the Court of First Instance of Bulacan, the latter had no jurisdiction, at that time, to act upon it. No constitutional objection may be interposed to the application of the law conferring jurisdiction upon the Commission, because the statute does not thereby operate retroactively; it is made to operate upon claims formulated after the law's approval. 

Laureano vs CA

GR No. G.R. No. 114776


Facts: Petitioner was released from employment because of the employer's cost-cutting measure because it was hit by a recession. Aggrieved party(Singapore Airlines) contended that the case cannot be heard and that the Philippines courts has no jurisdiction on the said matter. 


Issue: Whether the Philippines has jurisdiction on the said case?


Held: The court agreed on the decision of lower courts that Philippine courts has jurisdiction considering that the Singaporean Laws did not specifically point out what law to be applied and thus the Philippines assumed jurisdiction.

Phil Int'l Trading Copr vs Judge Angeles Case Digest

G.R. No. 108461.  October 21, 1996


Facts: Petitioners seeks to reverse a decision rendered by the herein respondent Judge, declaring null and void and unconstitutional the petitioner's administrative order. 

Pesigan vs Angeles Case Digest

Facts: Anselmo L. Pesigan and Marcelo L. Pesigan, carabao dealers, transported in an Isuzu ten-wheeler truck in the evening of April 2, 1982 twenty-six carabaos and a calf from Sipocot, Camarines Sur with Padre Garcia, Batangas. In spite of the permit to transport and the said four certificates, the carabaos, while passing at Basud, Camarines Norte, were confiscated and The confiscation was basis on the aforementioned Executive Order No. 626-A, and in pursuant to the order, distributed the carabaos among twenty-five farmers of Basud, and to a farmer from the Vinzons municipal nursery. The Pesigans then filed an action to recover the carabaos and sue for damages. Judge Domingo Medina Angeles who heard the case dismissed the case for lack of cause of action.  




Issue: Whether the said Executive Order applies to the Pesigans?




Held: The Court agrees that said executive order should not be enforced against the Pesigans on April 2, 1982 because, as already noted, it is a penal regulation published more than two months later in the Official Gazette dated June 14, 1982. It became effective only fifteen days thereafter as provided in article 2 of the Civil Code. Publication is necessary to apprise the public of the contents of the regulations and make the said penalties binding on the persons affected thereby.

People vs Que Po Lay Case Digest

G.R. No. L-6791


Facts:  Que Po Lay is appealing from the decision of the Court of First Instance of Manila, finding him guilty of violating Central Bank Circular No. 20. The charge was that the appellant who was in possession of foreign exchange failed to sell to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Circular No. 20. He appeals basing on the claim that said circular No. 20 was not published in the Official Gazette and that consequently, said circular had no force and effect. 










Issues: Whether there was a need for a publication of the said circular to make it effective?


              Whether the respondent is guilty of violating the said Circular 20?










Held: The Court agrees that the laws in question do not require the publication of the circulars, regulations and notices therein mentioned in order to become binding and effective. All that said two laws provide is that laws, resolutions, decisions of the Supreme Court and Court of Appeals, notices and documents required by law to be of no force and effect. 


Article 2 of the new Civil Code (Republic Act No. 386) equally provides that laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.


 Moreover, as a rule, circulars and regulations especially like the Circular No. 20 of the Central Bank in question which prescribes a penalty for its violation should be published before becoming effective, this, on the general principle and theory that before the public is bound by its contents, especially its penal provisions, a law, regulation or circular must first be published and the people officially and specifically informed of said contents and its penalties. The Court further contends that appellant could not be held liable for its violation, for it was not binding at the time he was found to have failed to sell the foreign exchange in his possession thereof.

TAÑADA vs TUVERA Case Digest

Persons and Family Relation G.R. No. L-63915 :


Facts: Invoking the people's right to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. The respondents, through the Solicitor General, would have this case dismissed outright on the ground that petitioners have no legal personality or standing to bring the instant petition, absence of any showing that petitioners are personally and directly affected or prejudiced by the alleged non-publication of the presidential issuances in question said petitioners are without the requisite legal personality to institute this mandamus proceeding, they are not being "aggrieved parties." Petitioners maintain that since the subject of the petition concerns a public right and its object is to compel the performance of a public duty, they need not show any specific interest for their petition to be given due course. Respondents further contend that publication in the Official Gazette is not a sine qua non requirement for the effectivity of laws where the laws themselves provide for their own effectivity dates. It is thus submitted that since the presidential issuances in question contain special provisions as to the date they are to take effect, publication in the Official Gazette is not indispensable for their effectivity. 

Issues: Whether the petitioners have legal personality to bring the instant petition?

           

             Whether publication is needed to make the law effective?

Held: Clearly, the right sought to be enforced by petitioners herein is a public right recognized by no less than the fundamental law of the land. Court has ruled that publication in the Official Gazette is necessary in those cases where the legislation itself does not provide for its effectivity date-for then the date of publication is material for determining its date of effectivity, which is the fifteenth day following its publication-but not when the law itself provides for the date when it goes into effect. Considered in the light of other statutes applicable to the issue at hand, the conclusion is easily reached that said Article 2 does not preclude the requirement of publication in the Official Gazette, even if the law itself provides for the date of its effectivity. Without such notice and publication, there would be no basis for the application of the maxim "ignorantia legis non excusat." That duty must be enforced if the Constitutional right of the people to be informed on matters of public concern is to be given substance and reality. The law itself makes a list of what should be published in the Official Gazette.  The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. Obviously, presidential decrees that provide for fines, forfeitures or penalties for their violation or otherwise impose a burden or. the people, such as tax and revenue measures, fall within this category. Other presidential issuances which apply only to particular persons or class of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. 

Basa vs Mercado Case Digest

Persons and Family Relations GR No. L- 42226 :


Facts: Honorable Hermogenes Reyes, Judge of the Court of First Instance of Pampanga, allowed and probated the last will and testament of Ines Basa, deceased. On January 30, 1932, the same judge approved the account of the administrator of the estate, declared him the only heir of the deceased under the will and closed the administration proceedings. On April 11, 1934, the herein petitioners-appellants filed a motion in which they prayed that said proceedings be reopened and alleged that the court lacked jurisdiction to act in the matter because there was a failure to comply with requirements as to the publication of the notice of hearing prescribed in the following section of the Code of Civil Procedure. Appellants claim that the provisions of section 630 of the Code of Civil Procedure have not been complied with in view of the fact that although the trial judge, on May 29, 1931, ordered the publication of the required notice for "three weeks successively" previous to the time appointed for the hearing on the will, the first publication was on June 6, 1931, the third on June 20, 1931, and the hearing took place on the 27th of that month, only twenty-one days after the date of the first publication instead of three full weeks before the day set for the hearing. The appellants also contend that the trial court erred in ruling that the weekly newspaper, Ing Katipunan, in which the notice of hearing was published, was a newspaper of general circulation in the Province of Pampanga.




Issues: Whether the 21 days requirement for publication be followed pursuant to the sec. 630 of Code of Civil Procedure?
           
           Whether the said Ing Katipunan newspaper considered a newspaper of general circulation?




Held: In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure does not mean that the notice, referred to therein, should be published for three full weeks before the date set for the hearing on the will. In other words the first publication of the notice need not be made twenty-one days before the day appointed for the hearing. The record shows that Ing Katipunan is a newspaper of general circulation in view of the fact that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals and that the trial court ordered the publication to be made inIng Katipunan precisely because it was a "newspaper of general circulation in the Province of Pampanga." The law does not require that publication of the notice, referred to in the Code of Civil Procedure, should be made in the newspaper with the largest numbers is necessary to constitute a newspaper of general circulation.

THE GROWING PERSON IN THE WORLD

XAVIER UNIVERSITY – ATENEO DE CAGAYAN UNIVERSITY

THE GROWING PERSON IN THE WORLD

A RESEARCH PAPER SUBMITTED TO THE FACULTY OF THE

PHILOSOPHY DEPARTMENT

BY: KRISTY LEAH HERNANDEZ

CAGAYAN DE ORO CITY

OCTOBER 2010

Self-Identity in Change of a Growing Person

            Who am I? Where did I come from? And to where am I heading? These are basically the questions each and every one of us is facing each day. As human person living in this world, one inquiry the researcher would like to have an answer is how does a person remain himself even with the changes that are occurring to him?

            The human person in this world is confronted with many questions that make him think to be able to know the answers. As experienced, as one grows there is change in this person yet this person totally remains the same. When one had committed a mistake, this person will surely move on by changing towards something good.

            From the words of the late Pope John Paul II in his encyclical letter, “Driven by the desire to discover the ultimate truth of existence, human being seek to acquire those universal elements of knowledge which enables them to understand themselves better to advance in their own self-realization”[1] which as the researcher understands, because the human person is a rational being then their desire to know themselves better and by that the researcher understand that there is a process of growth involved in the person.

            “To change is to grow; to remain the same is to die”[2] where one can say that to grow is to change and it is healthy for one to change for him to be able to say he grows. While one undergoes change, the self remains the same and its identity never loses itself. “The self is the living synthesis of both self-identity and process”[3] and that one can affirm the self is all throughout united with the changes it undergoes.

            As a changing being, what then becomes of this being’s substance? The researcher had stated from the top that even though being changes, self-identity remains the same. Substance as Aristotle had said is “Therefore that which id primarily not in a qualified sense but with qualification, must be substance.”[4] As the researcher understands it, being never loses its substance throughout the change.

            To grow in this world, one must be able to realize that he must be open to changes that will instill growth in him. For us human beings, we are fully satisfied with saying to grow; there are some changes in ourselves to actualize the said growth. Self-Identity then is the becoming of being, where this must be achieved through change. As growing individuals we are faced with the challenges presented to us by this world and there is a need for us to reflect on these changes metaphysically to understand the ground of this change.

            One must accept the fact that to be able to know and discover himself, one must undergo the process of change but as the researcher had stated the self is the living synthesis of what self-identity and its process is. This is to say, for us to grow, changes in our life must be done without losing who you really are and what you really should become.

            This question of where we are heading, there is an implied reality that purports, that there is really is a substance higher or somewhere in the universe to say that one really exists.

CONCLUSION

            Beings undergoing change within them are growing beings. Thus, self-identity never loses itself in a being it is because it is united with the being. Self-Identity is a proof of what the person has become throughout the changes that this being has undergone. To grow in this world is to change and to be the same at the same time.

BIBLIOGRAPHIES

            Que, Nemesio S.J., ed. 2001. Central Problems of Metaphysics. Manila: Office of the Reseach and Publications.

 Pope John Paul II. Fides et Ratio (Faith and Reason). 14 Sept 1998. Papal Archive.The Holy See.http://www.vatican.va/edocs/ENG0216/_INDEX.HTM

Aristotle, Introduction to Metaphysics. (New York: Penguin Books).

           

---

[1]                Pope John Paul II. Fides et Ratio (Faith and Reason). 1998.

[2]               NemesioQue, ed., Central Problems of Metaphysics. (Manila: Office of the Reseach and Publications, 2001). 48.

[3]               NemesioQue, ed., Central Problems of Metaphysics. (Manila: Office of the Reseach and Publications, 2001). 49.

[4]               Aristotle, Introduction to Metaphysics. (New York: Penguin Books).

Reflection

REFLECTION PAPER

            The challenge of being a leader, on handling employees, as what I have read from the article is the challenge of one’s ability and also to desire to develop the potentials of his employees. It is a crucial for a manager to enhance the company he is working alongside with the challenge of enhancing the capabilities of the people working under him. There is a need for a supervisor or a manager to have the perfectly honed skills on development coaching.

            A good manager or supervisor knows the difference between a good work and great work together with the skills he has and with the people, that is, the employees, working for him and with him. A manager must develop his employees by encouraging professional development, and that means a manager must guide an employee for the future, the future that is to make ready for the employee to be of great asset to the company and soon to be leader. A manager must also possess the right skill of creating a plan, not just a plan but well-thought plan to make way for the employees to be more goals oriented that is necessary for the skills needed to achieve goals for the company. Also, I’ve learned there is a need for a manager to pair employee’s with a mentor, where all parties involved – mentor, mentee and the company - will benefit. The mentor can enhance his skills, the mentee can learn and the company will be soaring high with the perfect skills both the mentors and mentee together helped achieved.  It is also important to identify opportunities to expand their professional network, it is where employees improve their networking ties and also create solid networks that can help them in their needs for the future. Another crucial role a manager must play is to challenge employees to move out of their comfort zone, so that in order to release their talents and abilities one must move away from things one already knows. The challenge needs providing employees new environment, exposing them to new things to enhance their creativity and also release the inner inhibitions that may help in the company’s betterment. Lastly, hiring a coach or a consultant can be way to develop employee’s, help them visualize their goals, directs them to the right path and help them in their work.

            A manager must therefore be a flexible in all the right areas to achieve goals for the company. A good manager must be equipped with interpersonal skills that will guide and help him in supervising and managing the company and also the employees that will surely let him soar high for himself and for the company.

Existence and Analogy

Kristy Leah O. Hernandez                                                                                   October 13, 2010

AB Philosophy 4                                                                                                     PH 25 A

Existence and Analogy

By: E.L. Mascall

            The author of the book started his discussion on the nature of Christian atheism. In this chapter of the book the author explicated that there are conceptions of God in nature and also in theory. From this chapter, there is a summary of the Book of Genesis and also a critique of it being part of doctrines and also the famous Christian revelation. The author’s way of explaining is by dissecting parts of how to understand theism in two approaches which he used on his book. The first approach he used was the essentialist approach on how one can understand theism. In this chapter of the book, the author introduced philosophers which from his point of view are using the essentialist approach.

One of which is St. Anselm and his famous ontological argument, The Proslogioun which encourages readers that God is what he says “than that which nothing greater can be thought” which was critiqued by the author saying it is defective because St. Anselm’s argument seems only to solely based on conception of God which means God is only in our minds which leads the author to speak of Descartes’ position on the subject matter where Descartes says God is supremely perfect. Also, the author discussed about Liebniz and of Spinoza’s famous pantheism. The author criticizes Spinoza because in the way of the philosopher had presented his argument is by way of geometry and for the author, geometry can never explain the existence of God, even so how essential it is.  After exposing the essentialist approach to theism, the author then exposed St. Thomas Aquinas’ approach which is existentialism where the author who explains from St. Thomas that ens is the actual concrete existence where the existence of a finite being is determinate and a beings act of existence is primary.

The author also elaborated the very famous The Five Ways of proving God’s existence by St. Thomas Aquinas where the author said that there is cognitive act. In the next chapter, the author explained the doctrine of analogy that by using this doctrine the purpose is not to explain existence of God but to explain how it is that we have been able to do so and to analyze what it is that we have been doing and succeeded with the chapter about God and the creature where all of us will all fall to the same belief about God and how we understand Him. After long discussion of each chapter, the author concludes that we are surrounded by a world of active beings which is dependent upon God who is Pure Act and so ended his conclusion by saying the position will be left incomplete as is to day the reader is tasked to choose from which side he takes.

            What I noticed from the author is that how he lavishly explains existentialism as if he was implying to the reader that the best way to approach theism is by the use of existentialism where it can be understood that God exists and His essence is only the mode of His existence. From his critique which he made about St. Anselm’s argument saying it is defective and that Descartes was able to give justice to what is the real ontological argument might for me somewhat subjective in a sense that the author is not so much of essentialism, and is implicitly inclined with existentialism.

In exposing St. Thomas Aquinas’ Five Ways, from what I have understood from previous discussions and lesson about this argument used by St. Thomas, the five ways is  for me enough to explain the existence of God and how contingent beings exists. There is a special character of this argument that lead me to saying and affirming such because it draws to me very intelligible and reasonable, as a Christian, this is faith in God that is in me makes me assert such position.

One thing also that I noticed from the author is that he was dependent upon another author where some of his ideas was taken which to me, in light of his inspiration that is why he came about such positions which he admitted he will leave incomplete but as for me a reader, the author is somewhat challenging me to take a stand.

            In line with the previous discussion in class about the existence of evil and also the basic goodness of human nature and everything that surrounds it, by solely relying to St. Thomas Aquinas’ argument, I understand that this Being is one who is the reason why such is existing and to us real. That in our human life, even though we may be on the evil side, still we go back to our basic goodness even though trying to be good still makes us sin, the primary reason behind this is the Ultimate Source of this human life.

            There is also a connection that I can make from the previous book that I have, both books tackled about St. Thomas Aquinas Five Ways to express and explain how conception of “God” for humans had came about. As I believe, and still believe, it through our faith that we can see, understand and maybe know God. All these arguments presented by the author is an affirmation of existence of a Supreme Being, guiding us all, causing us all, all-knowing and ever present. As a philosopher, these approaches might become a turning point for me but this will then all boils down to me being a devoted Christian to believe in Him with my reason and faith.