Professional Documents
Culture Documents
Cases Due Process
Cases Due Process
BANCO ESPANOL vs PALANCA 37 Phil 921 Judicial Due Process Requisites Engracio Palanca was indebted to El Banco and he had his parcel of land as security to his debt. His debt amounted to P218,294.10. His property is worth 75k more than what he owe. Due to the failure of Engracio to make his payments, El Banco executed an instrument to mortgage Engracios property. Engracio however left for China and he never returned til he died. Since Engracio is a non resident El Banco has to notify Engracio about their intent to sue him by means of publication using a newspaper. The lower court further orderdd the clerk of court to furnish Engracio a copy and that itd be sent to Amoy, China. The court eventually granted El Banco petition to execute Engracios property. 7 years thereafter, Vicente surfaced on behalf of Engracio as his administrator to petition for the annulment of the ruling. Vicente averred that there had been no due process as Engracio never received the summons. ISSUE: Whether or not due process was not observed. HELD: The SC ruled against Palanca. The SC ruled that the requisites for judicial due process had been met. The requisites are; There must be an impartial court or tribunal clothed with judicial power to hear and decide the matter before it. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of the proceedings. The defendant must be given the opportunity to be heard. Judgment must be rendered only after lawful hearing. IMELDA MARCOS vs SANDIGANBAYAN October 6, 1998 Facts: 1. On June 8, 1984, IMELDA MARCOS and JOSE DANS, as Chairman and Vice Chairman of the Light Railway Transit Authority (LRTA) entered into a Lease Contract with the Philippine General Hospital Foundation (PGHFI) involving an LRTA property in Pasay City for P102,760.00 per month for 25 years; 2. On June 27,1984, the PGHFI subleased the said property for P734,000.00 per month to the Transnational Construction Corporation represented by one Ignacio Jumenez; 3. After petitioners husband was deposed as President of the Philippines, she and Dans were charged of alleged violation of Section 3 [g] of RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act before the Sandiganbayan; 4. After trial , the First Division of the Sandiganbayan failed to comply with the legal requirement that all the 3 justices must be unanimous in its Decision because Justice Garchitorena and Justice Jose Balajadia voted for the conviction of both accused while Justice Narciso Atienza voted to acquit them; 5. Thereafter, Justice Garchitorena as Presiding Justice issued Administrative Order No. 288-93 constituting a Special Division of five and designating Justices Augusto Amores and Cipriano del Rosario; 6. On September 21, 1993, Justice Amores wrote Justice Garchitorena that he be given 15 days his Manifestation. On the same date, however, Justice Garchitorena dissolved the division of 5 allegedly because he and Justice Balajadia had agreed to the opinion of Justice del Rosario; 7. On September 24, 1993, a Decision was rendered convicting the petitioner and Dans of violation of Sec. 3 [g] of RA 3019; 8. On June 29, 1998, the Third Division of the Supreme Court by a vote of 3-2 affirmed the conviction of the petitioner but acquitted DANS; 9. Petitioner then filed a Motion for Reconsideration and at the same time prayed that her Motion be heard by the Supreme Court en banc claiming that her right to due process of law, both substantive and procedural, was violated: a. as a result of the fact that she was convicted as a result of the alleged disparity of the rentals agreed upon with PGHFI and the subsequent sublease contract between PGHFI and Transnational Construction Corporation; and b. the First Division convicted her after Justice Garchitorena dissolved the Special Division of 5 after a lunch in a Quezon City restaurant where they
ALEN ROSS RODRIGUEZ and REGIDOR TULALI, Petitioners, vs. The Hon. BIENVENIDO BLANCAFLOR, in his capacity as the Acting Presiding Judge of the Regional Trial Court of Palawan, Branch 52, and PEOPLE OF THE PHILIPPINES, Respondents. DECISION MENDOZA, J.: This is a petition for certiorari and prohibition under Rule 65 of the Revised Rules of Court filed by Alen Ross Rodriguez (Rodriguez), the Provincial Prosecutor of Palawan; and Regidor Tulali (Tulali), Prosecutor I of the Office of the Provincial Prosecutor of Palawan, seeking to annul and set aside the October 13, 2009 Decision1 of respondent Judge Bienvenido Blancaflor (Judge Blancaflor), Acting Presiding Judge of Branch 52, Regional Trial Court, Palawan (RTC). The petition likewise seeks to prohibit Judge Blancaflor from implementing the said decision. In his October 13, 2009 Decision, Judge Blancaflor found petitioners Rodriguez and Tulali guilty of direct contempt and ordered them to issue a public apology to the court. In the same decision, Judge Blancaflor suspended them indefinitely from the practice of law. The dispositive portion of the decision reads: WHEREFORE, premises considered, judgment is hereby rendered finding respondents PROVINCIAL PROSECUTORS OF PALAWAN ALEN ROSS B. RODRIGUEZ and PROSECUTOR REGIDOR TULALI as both guilty of direct contempt and for violation of their oath of office as member of the bar and as officer of the Court, and hereby sentence them to suffer the penalty of INDEFINITE SUSPENSION from practice of law and for each to pay a fine of P100,000.00. Respondents are further directed to issue a public apology to the Court for the above grave offenses and
Petitioner was the cashier of the National Irrigation Administration (NIA)-Aganan, Sta. Barbara River Irrigation System in Iloilo City. On November 8, 1982, Commission on Audit (COA) State Auditing Examiners Yvonne Gotera (Gotera) and Theresita Cajita (Cajita) conducted an audit examination of petitioner's account which indicated a shortage of P93,051.88.[3] Gotera and Cajita thus sent a letter of demand dated November 23, 1982 to petitioner directing him to account for the shortage.[4] Petitioner refused to receive the letter, however, hence, Gotera and Cajita sent it by registered mail.[5] Petitioner was thereupon charged of committing malversation of public funds before the Sandiganbayan to which he pleaded "not guilty."[6] By the account of Gotera, the lone witness for the prosecution, petitioner had an account balance of P30,162.46 prior to June 25, 1982; that from June 25 to November 8, 1982, the date petitioner's account was audited, his cash collections totaled P347,995.64; that his remittances from June 25 to November 8, 1982 totaled P285,105.41; and that the total
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For his defense, petitioner admitted that he did not implement the promotional appointments of the private complainants because of some procedural lapses or infirmities attending the preparation of the appointment papers. According to him, the appointment papers were prepared by SNSAT Administrative Officer, Crispin Noguera, using blank forms bearing the letterhead of SNSAT and not of the CHED Regional Office who made the appointments. He also averred that the appointment papers cited the entire plantilla[11] (1996 Plantilla-OSEC-DECSBVOCIS3-19, Pages 1-16) instead of only the particular page on which the vacant item occurs. He likewise claimed that he received only the duplicate copies of the appointments contrary to the usual procedure where the original appointment papers and other supporting documents are returned to his office. Finally, he asserted that the transmittal letter from the CHED did not specify the date of effectivity of the appointments. These alleged infirmities, he contended, were formally brought to the attention of the CHED Regional Director on June 20, 1997[12] who, however, informed him that the subject appointments were regular and valid and directed him to implement the same. Still not satisfied, petitioner sought the intercession of CHED Chairman Angel C. Alcala in the settlement of this administrative problem[13] but the latter did not respond. Petitioner alleged that his refusal to implement the appointments of the private complainants was not motivated by bad faith but he just wanted to protect the interest of the government by following strict compliance in the preparation of appointment papers. Ruling of the Regional Trial Court On July 25, 2005, the RTC rendered its Decision[14] holding that the act of the petitioner in defying the orders of the CHED and the CSC to implement the subject promotional appointments despite the rejection of his opposition, demonstrates his palpable and patent fraudulent and dishonest purpose to do moral obliquity or conscious wrongdoing for some perverse motive or ill will. The trial court ruled that petitioner's refusal to implement the appointments of the private complainants had caused undue injury to them. Thus, it held petitioner guilty of the crime charged and accordingly sentenced him to suffer the penalty of imprisonment of six (6) years and one (1) month and perpetual disqualification from public office.
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This Court is not unmindful of its rulings that the dismissal of an administrative case does not bar the filing of a criminal prosecution for the same or similar acts subject of the administrative complaint and that the disposition in one case does not inevitably govern the resolution of the other case/s and vice versa. x x x On the basis of the afore-mentioned precedents, the Court has no option but to declare that the courts below correctly disallowed the introduction in evidence of the CA Decision. "Due process of law is not denied by the exclusion of irrelevant, immaterial,
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JAVIER VS. COMELEC G.R. No.L- 68379-812, September 22, 1986 FACTS: 1. The petitioner Evelio Javier and the private respondent Arturo Pacificador were candidates in Antique for the Batasang Pambansa election in May 1984;
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The applicable provisions of the 1973 Constitution are Art. XII-C, secs. 2 and 3, which provide: Section 2. Be the sole judge of all contests relating to the election, returns and qualifications of all members of the Batasang Pambansa and elective provincial and city officials. Section 3. The Commission on Elections may sit en banc or in three divisions. All election casesa may be heard and decided by divisions except contests involving members of the Batasang Pambansa, which shall be heard and decided en banc. Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision. CONTENTIONS OF THE PARTIES:
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All election contests involving members of the Batasang Pambansa must be decided by the Commission on Elections en banc under Secs. 2 and 3 of Art. XII-C of the 1973 Constitution. These sections do not distinguish between preproclamation and post-proclamation contests nor between cases and contests. AZUL VS CASTRO 133 SCRA 271 Due Process Impartial and Competent Court Azul owns and operates a construction shop. To finance it he entered a loan agreement with Tecson in the amount of P391k. Tecson was only able to collect
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ZAMBALES CHROMITE MINING VS CA 94 SCRA 261 Administrative Due Process ZCM filed an administrative case before the Director of Mines Gozon to have them be declared the rightful and prior locators and possessors of 69 mining claims in Sta. Cruz, Zambales. They are asserting their claim against the group of Martinez and Pabiloa. Gozon decided in favor of Martinez et al. ZCM appealed the case before the Secretary of Agriculture and Natural Resources. During pendency, Gozon was assigned as the Sec of Agri. And Natural Resources. He did not inhibit himself from deciding on the appeal but he instead affirmed his earlier decision when he was still the director of mines. ZCM then appealed before the CFI of Zambales. The CFI affirmed the decision of
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