Extrajudicial Confession; Admission by Conspirator
Atty. Manuel J. Laserna Jr.
by
1M ago
 "Accused-appellants must be acquitted of Murder In contrast to the above, Antonio's extrajudicial confession as contained in his July 8 Salaysay detailing the abduction and killing of Major Arcega cannot be used to convict accused-appellants in the absence of independent evidence on this charge and on account of the principle of res inter alios acta alteri nocere non debet expressed in Section 28, Rule 130 of the Rules of Court, which states: Section 28. Admission by third-party. - The rights of a third party cannot be prejudiced by an act, declaration, or omission of another, except a ..read more
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Kidnapping for Ransom with Homicide
Atty. Manuel J. Laserna Jr.
by
1M ago
 "Accused-appellants are guilty of the special complex crime of Kidnapping for Ransom with Homicide The elements of Kidnapping for Ransom under Article 267 of the RPC, as amended, are as follows:(a) intent on the part of the accused to deprive the victim of his/her liberty; (b) actual deprivation of the victim of his/her liberty; and (c) motive of the accused, which is extorting ransom for the release of the victim. In the special complex crime of Kidnapping for Ransom with Homicide, the person kidnapped is killed in the course of the detention, regardless of whether the killing was purp ..read more
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Award of attorney's fees denied
Atty. Manuel J. Laserna Jr.
by
2M ago
"As regards attorney's fees, the Court of Appeals correctly held that none may be awarded to petitioner: Consequently, the award of attorney's fees must also be deleted. Notably, it was not appellee alone who incurred costs to protect her interest. Appellant, too, spent for legal costs to finally settle the issue pertaining to the validity of his marriage with appellee. In the absence of malice and bad faith, the mental anguish suffered by a person for having been made a party in a civil case is not the kind of anxiety which would warrant the award of moral damages. Appellee's emotional suffe ..read more
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Withdrawal of appeal before the Supreme Court
Atty. Manuel J. Laserna Jr.
by
2M ago
"Once a case has been submitted for a court's decision, the petitioning party cannot, at their election, withdraw their appeal.71 The grant or denial of the withdrawal is addressed to the sound discretion of the court.72 The practice of the courts has always been to the effect that once a case or appeal is submitted for decision, its withdrawal should not be at the discretion of the party, but dependent on the assent thereto of the adjudicating authority. . . . . . . . What is important is that once the finality of the questioned judgment has been arrested by a motion for reconsideration, t ..read more
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Abuse of right; moral damages
Atty. Manuel J. Laserna Jr.
by
2M ago
 "Moral damages are a form of compensation for the "physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury"50 unjustly sustained by a person.51 They are awarded when: (1) there is a physical, mental or psychological injury clearly sustained by the claimant; (2) a wrongful act or omission is factually established; (3) the act or omission is the proximate cause of the injury; and (4) the award of damages is based on any of the cases stated in Article 221952 of the Civil Code.53 This Court has ..read more
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Considering these conflicting conclusions, this Court must now examine the factual findings to resolve whether or not respondent acted in bad faith when he married petitioner despite the subsistence of his first marriage
Atty. Manuel J. Laserna Jr.
by
2M ago
"In its November 18, 2016 Decision, the Regional Trial Court held that respondent's act of marrying petitioner even though he had an existing first marriage constituted bad faith. The Court of Appeals ruled otherwise because it found that, at the time respondent married petitioner, he believed in good faith that he was validly divorced from his first wife. Further, it found that respondent did not seek to have his second marriage declared null and void only so that he could evade liability in the civil case filed by petitioner. Considering these conflicting conclusions, this Court must now e ..read more
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Good Conduct Time Allowance Law vis-a-vis reclusion perpetua and heinous crimes - Miguel's argument is two-fold: first, he anchors his claim on the assertion that applying the GCTA Law, he has served a total of "thirty-eight (38) years, ten (10) months, and one (1) day"13 already. Second, he posits that Article 70 of the Revised Penal Code (RPC) caps the duration of the penalty of reclusion perpetua at thirty (30) years.14 Having served a total of thirty­eight (38) years, which is eight (8)..
Atty. Manuel J. Laserna Jr.
by
5M ago
"Procedural considerations aside, the Court still finds the petition wanting in merit. Miguel's argument is two-fold: first, he anchors his claim on the assertion that applying the GCTA Law, he has served a total of "thirty-eight (38) years, ten (10) months, and one (1) day"13 already. Second, he posits that Article 70 of the Revised Penal Code (RPC) caps the duration of the penalty of reclusion perpetua at thirty (30) years.14 Having served a total of thirty­eight (38) years, which is eight (8) years more than the supposed maximum duration of reclusion perpetua, Miguel concludes that he has ..read more
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Habeas corpus vis-a-vis hierarchy of courts
Atty. Manuel J. Laserna Jr.
by
5M ago
 "As to which court may grant the writ, Section 2, Rule 102 of the Rules of Court provides: Section 2. Who may grant the writ. - The writ of habeas corpus may be granted by the Supreme Court, or any member thereof, on any day and at any time, or by the Court of Appeals or any member thereof in the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines, and may be made returnable before the court or any member thereof, or before a Court of First Instance, or any judge thereof for hearing and decision on the merits. It may also be granted by a Co ..read more
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A direct invocation of the Supreme Court's original jurisdiction to issue extraordinary writs should be allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition.
Atty. Manuel J. Laserna Jr.
by
5M ago
 "Preliminarily, we wish to point out that Miguel failed to observe the principle of hierarchy of courts. In Cruz v. Gingoyon,10 the Court aptly explained the principle, thus: We also find the necessity to emphasize strict observance of the hierarchy of courts. "A becoming regard for that judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first level ('inferior') courts should be filed with the [RTC], and those against the latter, with the Court of Appeals (CA). A direct invocation of the Supreme Court's original jurisdiction to is ..read more
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Transfer of workers; balancing "management prerogative" and "security of tenure of workers": "In the resolution of whether the transfer of the respondents from one area of operation to another was valid, finding a balance between the scope and limitation of the exercise of management prerogative and the employees' right to security of tenure is necessary. We have to weigh and consider, on the one hand, that management has a wide discretion to regulate all aspects of employment, including the..
Atty. Manuel J. Laserna Jr.
by
6M ago
  "In the resolution of whether the transfer of the respondents from one area of operation to another was valid, finding a balance between the scope and limitation of the exercise of management prerogative and the employees' right to security of tenure is necessary.[32] We have to weigh and consider, on the one hand, that management has a wide discretion to regulate all aspects of employment, including the transfer and re-assignment of employees according to the exigencies of the business;[33] and, on the other, that the transfer constitutes constructive dismissal when it is unreasonabl ..read more
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