Temere Animus

G.R. No. 187587| June 5, 2013  697 SCRA 359 Nagkakaisang Maralita ng Sitio Masigasig, Inc. vs. Military Shrine Services-Philippine Veterans Affairs Office, Department of National Defense; NMSI , Petitioner, vs. MSS - PVAO, DND,  Respondent; ---and--- G.R. No. 187654| June 5, 2013 WBLOA, INC. , represented by its Board of Directors, Petitioner, vs.    MSS - PVAO, DND , Respondent. Ponente :  SERENO, CJ.:  Doctrines :  (1) Petitioners suggest that there should be no distinction between laws of general applicability and those which are not; that publication means complete publication; and that the publication must be made forthwith in the Official Gazette. (2) The requirement of publication is indispensable to give effect to the law, unless the law itself has otherwise provided.  (3) The Supreme Court cannot rely on a handwritten note that was not part of Proclamation No. 2476 as published. Without publication, the note never had any legal...

Case Digest: Mendoza v. de Los Santos G.R. No. 176422 | March 20, 2013 Ponente: 📌 Topic: Applicability of Reserva Troncal – First cousins of the descendant/prepositus are fourth-degree relatives and cannot be considered reservees/reservatarios. Facts The disputed parcel of land was originally owned by Exequiel Mendoza, who inherited it from Placido and Dominga Mendoza through an oral partition. Upon Exequiel’s death, ownership was transferred to his spouse Leonor and their only daughter, Gregoria. After Leonor’s passing, Gregoria became the sole owner. Gregoria died intestate, and her aunt Victoria Pantaleon, Leonor’s sister, adjudicated the property to herself as the sole surviving heir. Petitioners (grandchildren of Placido and Dominga) argued that the property should have been reserved for them under Article 891 of the Civil Code on Reserva Troncal. They filed an action for Recovery of Possession, Cancellation of TCT, and Reconveyance, which the RTC granted. However, the Court of A...