Temere Animus

Sps. Bernabe Mercader, Jr., et al. v. Sps. Jesus and Letecia Bardillas, G.R. No. 163157, June 27, 2016 Property disputes often center on easements and rights of way , especially when conflicting land claims arise. The Supreme Court case of Spouses Bernabe Mercader Jr. vs. Spouses Jesus and Letecia Bardilas clarifies the legal framework of easements , reinforcing ownership rights and property boundaries under the Civil Code and Torrens land registration system . Background of the Case The dispute involved three parcels of land in Clarita Village , with a right of way benefiting Lot No. 5808-F-2-B, owned by the Spouses Bardilas . The Clarita Village Association erected a fence , blocking the right of way’s exit point , prompting a confrontation. An engineer’s investigation found that the fence and part of the Spouses Mercader’s house encroached on the easement. The Spouses Bardilas demanded compensation , while the Spouses Mercader claimed entitlement to the right of way as owners ...

Full Text: Mary Grace Natividad S. Poe-Llamanzares v. Commission on Elections, G.R. Nos. 221697 & 221698-700, March 8, 2016 Election disputes often center around citizenship and residency requirements , especially for candidates seeking the highest public office . The Supreme Court case of Mary Grace Natividad S. Poe-Llamanzares vs. Commission on Elections (COMELEC) serves as a landmark decision on natural-born citizenship, residency qualifications, and the authority of COMELEC in disqualifying candidates . Background of the Case Grace Poe was found abandoned as an infant in a church in Iloilo and was later adopted by celebrity spouses. She later acquired U.S. citizenship , then returned to the Philippines , reacquired Philippine citizenship , and renounced her U.S. citizenship. She served as Chairperson of the Movie and Television Review and Classification Board (MTRCB) before running for Senator , then President . Several cases were filed against her in COMELEC , arguing he...

Felisa Agricultural Corp. v. NTC, G.R. Nos. 231655 and 231670, July 02, 2018 - Synopsis Only Understanding the Supreme Court Decision and Its Impact on Landowners The case of Felisa Agricultural Corporation (FAC) vs. National Power Corporation (NPC) revolves around a legal dispute concerning transmission towers and lines constructed on FAC-owned land in Brgy. Felisa, Bacolod City . Case Summary Felisa Agricultural Corporation filed a complaint against NPC seeking recovery of possession with damages or just compensation for the transmission infrastructure built on its property. NPC argued that it had obtained permission in 1989 to enter the land and construct the 138 KV Mabinay-Bacolod Transmission Line , which had been operational for over ten years, thereby establishing a continuous easement of right-of-way . The primary issue before the Court of Appeals was whether the case should be governed by Rule 67 of the Rules of Court or Republic Act No. 8974 (R.A. No. 8974) . The Supreme...

  Diaz v. Ombudsman, G.R. No. 203217, July 02, 2018 - Synopsis Only Integrity and honesty are cornerstones of public service , ensuring that government officials remain trustworthy stewards of public resources . The Supreme Court case of Jose L. Diaz vs. The Office of the Ombudsman highlights the serious consequences of dishonesty , reinforcing the need for strict disciplinary action to maintain public confidence in governance . Background of the Case Jose L. Diaz, a City Government Division Head III of the Veterinary Inspection Board (VIB) of Manila , was charged with dishonesty and violations of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) and Article 220 of the Revised Penal Code . Supplies Ledger Cards (SLC) revealed gasoline withdrawals from February 1999 to March 2003 , allegedly for personal use . The Office of the Ombudsman found Diaz guilty , citing unauthorized gasoline usage despite receiving a transportation allowance . Diaz argued that the findings lacked ...

Full Text of the case: See: https://sc.judiciary.gov.ph/20821/ ROSANNA L. TAN-ANDAL (Petitioner) v. MARIO VICTOR M. ANDAL, (Respondent) May 11, 2021 Ponente: Leonen, J. FACTS: Mario Andal and Rosanna Tan got married in 1995 and had a daughter named Ma. Samantha in 1996. They separated in 2000, and Rosanna has since had sole custody of their child. In 2001, Mario filed a petition for custody of their daughter, arguing that they had equal rights. However, in 2003, Rosanna filed a petition for the nullity of their marriage, claiming that Mario was psychologically incapacitated to fulfill his marital obligations. The prosecutor found no signs of collusion between the two, and the cases for custody and nullity were consolidated in 2004. The case involves Rosanna and Mario, who first met in 1975 and reconnected in 1995. They eventually got married in December of the same year, but Mario exhibited irresponsible and erratic behavior, including drug use, financial mismanagement, and paranoia. R...

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,  -versus-  MICHAEL DELIMAN and ALLAN DELIMA, Accused-Appellants.  G.R. No. 222645, THIRD DIVISION,  June 27, 2018,  MARTIRES, J. Full text:  People v. DELIMAN and DELIMA, G.R. No. 222645, 2018 Synopsis: This case involves the appeal of two brothers who were found guilty of murder by the Regional Trial Court (RTC) in the Philippines, and whose appeal to the Court of Appeals (CA) was denied. The two were convicted of killing Ramel Mercedes Congreso in a stabbing incident. The prosecution presented witnesses who testified that Michael and Allan were holding and stabbing Ramel. The defense argued that Michael was at a disco on the night of the stabbing and slept at home until the following morning. The RTC found the two guilty and sentenced them to reclusion perpetua. On appeal, the Supreme Court held that the appeal was partly meritorious, but Michael and Allan were found guilty of homicide and not murder. The cou...

HILARIO B. ALILING, Petitioner, v.  EOPLE OF THE PHILIPPINES, Respondent. G.R. No. 230991, SECOND DIVISION, June 11, 2018, Ponente: Caguioa SYNOPSIS: Nature of Petition: Before the Court is a Petition for Review (Petition) under Rule 45 of the Rules of Court, assailing the Decision and Resolution of the Court of Appeals which affirmed the Decision of the Regional Trial Court (RTC) finding petitioner Hilario B. Aliling alias "Larry" (Aliling), guilty of Frustrated Murder;  FACTS: VERSION OF THE PROSECUTION: In this case, the prosecution presented three witnesses to testify against the accused, Hilario Aliling, who was alleged to have shot and injured the victim, Jerry Tumbaga. The first witness was Tumbaga himself, who testified that he was shot in the back by the accused while he was leaving a basketball game. The second witness, Jesus Marasigan, testified that he was with Tumbaga at the basketball court and saw the accused shoot Tumbaga twice. The third witness, Dr. Mark Lou...

Florencio B. Nedira substituted by his wife Emma G. Nedira v. NJ World Corporation, represented by MICHELLE Y. BUALAT, represented by MICHELLE Y. BUALAT, G.R. No. 240005. December 6, 2022 Ponente:   GESMUNDO, C.J.: Nature of Petition:  This is an Appeal by Certiorari seeking to reverse and set aside the December 6, 2017 Decision3 and the June 6, 2018 Resolution4 of the Court of Appeals (CA) in CA-G.R. SP No. 142044. The CA annulled and set aside the May 29, 20155 and July 30, 20156 Resolutions of the National Labor Relations Commission (NLRC) in NLRC LAC No. 01-000095-15, and reinstated the November 17, 2014 Decision7 of the Labor Arbiter (LA) in NLRC Case No. NCR 10-14386-13.8 The LA dismissed for lack of merit the complaint for illegal dismissal filed by Florencio B. Nedira (Florencio), substituted by his wife Emma G. Nedira (Emma), against NJ World Corporation (respondent). Synopsis: In the case of Florencio B. Nedira substituted by his wife Emma G. Nedira v. NJ World Corpo...