Professional Documents
Culture Documents
Statcon Summary of New Cases
Statcon Summary of New Cases
Statcon Summary of New Cases
In 1960, the petitioner, Caltex (Philippines) Inc., launched a promotional On 5 March 1982, the National Federation of Labor filed with the Ministry of Labor
scheme called "Caltex Hooded Pump Contest" which calls for participants to andEmployment (Labor Relations Division, Zamboanga City), a petition for direct
certification asthe sole exclusive collective bargaining representative of the monthly
estimate the actual number of liters a hooded gas pump of each Caltex
paid employees at theLumbayao manufacturing plant of the Zamboanga Wood
Station will dispense within a specific period. Such contest is open to all Products, Inc. (Zambowood). On 17April 1982, such employees charged the firm
motor vehicle owners and/or licensed drivers. There is no required fee or before the same office for underpayment of monthly living allowances. On 3 May
consideration, and there is no need for the contestants to purchase the 1982, the union issued a notice of strike against the firm,alleging illegal termination of
products of Caltex. The forms are available upon request at each Caltex Dionisio Estioca, president of the said local union; unfair labor practice; nonpayment
Station and there is a sealed can where accomplished entry stubs may be of living allowances; and “employment of oppressive alien management personnel
deposited. Then, seeing the extensive use of mails for publicizing and without proper permit. The strike began on 23 May 1982.On 9 July 1982,
transmission of communication purposes, Caltex sent representatives to the Zambowood filed a complaint with the trial court against the officers andmembers of
the union, for “damages for obstruction of private property with prayer for preliminary
postal authorities for advance clearing for the use of mails for the
injunction and/or restraining order.” The union filed a motion for the dismissal andfor
contest. But then, the Postmaster General, Enrico Palomar, denied the the dissolution of the restraining order, and opposition to the issuance of the writ
request of Caltex in view of Sections 1954 (a), 1982 and 1983 of the Revised of preliminary injunction, contending that the incidents of picketing are within the
Administrative Code. The aforesaid sections prohibits the use of mail exclusive jurisdiction of the Labor Arbiter pursuant to Batas Pambansa 227 (Labor
conveying any information concerning non-mailable schemes, such as Code, Article 217) andnot to the Court of First Instance. The motion was denied.
lottery, gift enterprise, or similar scheme. Consequently, Caltex invoked a Hence, the petition for certiorari.
judicial intervention by filing a petition of declaratory relief against the
Postmaster General, ordering the Postmaster General to allow the petitioner Issue:
Whether construction of the law is required to determine jurisdiction.
to use the mails to bring the contest to the attention of the public and that the
aforesaid contest is not violative of the Postal Law. Held:
The first and fundamental duty of courts is to apply the law. Construction and
Issue: interpretation come only after it has been demonstrated that application is impossible
Whether or not the scheme proposed by Caltex is within the coverage of the or inadequate without them. Jurisdiction over the subject matter in a judicial
proceeding is conferred by the sovereign authority which organizes the court; and it is
prohibitive provisions of the Postal Law inescapably requires an inquiry into given only by law. Jurisdiction is never presumed; it must be conferred by law in words
the intended meaning of the words used therein. that do not admit of doubt. Since the jurisdiction of courts and judicial tribunals is
derived exclusively from the statutes of the forum, the issue should be resolved on the
basis of the law or statute in force. Therefore, since (1) the original wording of Article
Held:
217 vested the labor arbiters with jurisdiction; since (2) Presidential Decree
No. Caltex may be granted declaratory relief, even if Enrico Palomar simply 1691reverted the jurisdiction with respect to money claims of workers or claims for
applied the clear provisions of the law to a given set of facts as embodied in damages arising from employer-employee relations to the labor arbiters after
the rules of the contest. For, construction is the art or process of discovering Presidential Decree 1367 transferred such jurisdiction to the ordinary courts, and since
(3) Batas Pambansa 130 made no change with respect to the original and
and expounding the meaning and intention of the authors of the law with exclusive jurisdiction of Labor Arbiters with respect to money claims of workers or
respect to its application to a given case is not explicitly provided for in the claims for damages arising from employer-employee relations; Article 217 is to be
law. applied the way it is worded. The exclusive original jurisdiction of a labor arbiter is
therein provided for explicitly. It means, it can only mean, that a court of first instance
judge then, a regional trial court judge now, certainly acts beyond the scope of the
In this case, the prohibitive provisions of the Postal Law inescapably authority conferred on him
required an inquiry into the intended meaning of the words used
therein. Also, the Court is tasked to look beyond the fair exterior, to the
substance, in order to unmask the real element that the law is seeking to
prevent or prohibit.
FACTS: Facts:
The truck of private respondent Victoria de Guzman was seized by the DENR personnel while on its way to Bulacan
The accused was convicted in violation of Sec. 878 in connection to Sec. 2692 of the
because the driver could not produce the required documents for the forest product found concealed in the truck.
Revised Administrative Code as amended by Commonwealth Act No. 56 and further
Petitioner Jovito Layugan, CENRO ordered the confiscation of the truck and required the owner to explain. Private
amended by R.A. 4. On August 13, 1962, the accused was discovered to have in its
respondents failed to submit required explanation. The DENR Regional Executive Director Rogelio Baggayan sustained
possession and control a home-made revolver cal. 22 with no license permit. In the court
Layugan’s action for confiscation and ordered the forfeiture of the truck. Private respondents brought the case to the
DENR Secretary. Pending appeal, private respondents filed a replevin case before the RTC against petitioner Layugan proceeding, the accused admitted that he owns the gun and affirmed that it has no license.
and Baggayan. RTC granted the same. Petitioners moved to dismiss the case contending, inter alia, that private The accused further stated that he is a secret agent appointed by Gov. Leviste of Batangas
respondents had no cause of action for their failure to exhaust administrative remedies. The trial court denied their motion. and showed evidences of appointment. In his defense, the accused presented the case of
Hence, this petition for review on certiorari. Petitioners aver that the trial court could not legally entertain the suit for
People vs. Macarandang, stating that he must acquitted because he is a secret agent and
replevin because the truck was under administrative seizure proceedings.
which may qualify into peace officers equivalent to municipal police which is covered by Art.
ISSUE:
879.
Whether or not the instant case falls within the exception of the doctrine.
Issue:
HELD:
The Court held in the negative. The Court has consistently held that before a party is allowed to seek the intervention of Whether or not holding a position of secret agent of the Governor is a proper defense to
the court, it is a pre-condition that he should have availed of all the means of adminis trative processed afforded him. illegal possession of firearms.
Hence, if a remedy within the administrative machinery can still be resorted to by giving the administrative officer Ruling:
concerned every opportunity to decide on a matter that comes within his jurisdiction then such remedy should be
exhausted first before court’s judicial power can be sought. The premature invocation of court’ intervention is fatal to one’s The Supreme Court in its decision affirmed the lower court’s decision. It stated that the law
cause of action.
is explicit that except as thereafter specifically allowed, "it shall be unlawful for any person to
The doctrine is a relative one and its flexibility is called upon by the peculiarity and uniqueness of the factual and
. . . possess any firearm, detached parts of firearms or ammunition therefor, or any
circumstantial settings of a case. Hence, it is disregarded (1) when there is violation of due process, (2) when the issue
instrument or implement used or intended to be used in the manufacture of firearms, parts of
involved is purely a legal question, (3) when the administrative action is patently illegal amounting to lack or excess of
jurisdiction, (4) when there is estoppels on the part of the administrative agency concerned, (5) when there is irreparable
firearms, or ammunition." The next section provides that "firearms and ammunition regularly
injury, (6) when the respondent is a department secretary whose acts as an alter ego of the President bears the implied and lawfully issued to officers, soldiers, sailors, or marines [of the Armed Forces of the
and assumed approval of the latter, (7) when to require exhaustion of administrative remedies would be unreasonable, (8) Philippines], the Philippine Constabulary, guards in the employment of the Bureau of
when it would amount to nullification of a claim, (9) when the subject matter is a private land in land case proceedings, Prisons, municipal police, provincial governors, lieutenant governors, provincial treasurers,
(10) when the rule does not provide a plain, speedy and adequate remedy, and (11) when there are circumstances
municipal treasurers, municipal mayors, and guards of provincial prisoners and jails," are
indicating the urgency of judicial intervention.
not covered "when such firearms are in possession of such officials and public servants for
A suit for replevin cannot be sustained against the petitioners for the subject truck taken and retained by them for
use in the performance of their official duties.
administrative forfeiture proceedings in pursuant to Sections 68-A of OD 705, as amended. Dismissal of the replevin suit
for lack of cause of action in view of the private respondents’ failure to exhaust administrative remedies should have
been the proper course of action by the lower court instead of assuming jurisdiction over the case and consequently
1967, died as a result of the cave-in that buried them in the tunnels of the of immaturity and irresponsibility both as husband and a father preferring to spend more time with friends whom he
mine. Specifically, the complaint alleges that Philex, in violation of
squandered his money, depends on his parents for aid and assistance and was never honest with his wife in regard to
government rules and regulations, negligently and deliberately failed to
take the required precautions for the protection of the lives of its men their finances. In 1986, the couple had an intense quarrel and as a result their relationship was estranged. Roridel quit
working underground. Floresca et al moved to claim their benefits her work and went to live with her parents in Baguio City in 1987 and a few weeks later, Reynaldo left her and their
The marriage between Roridel and Reynaldo subsists and remains valid. What constitutes psychological incapacity is not
ISSUE: Whether or not Floresca et al can claim benefits and at the same
time sue. mere showing of irreconcilable differences and confliction personalities. It is indispensable that the parties must exhibit
inclinations which would not meet the essential marital responsibilites and duties due to some psychological
HELD: Under the law, Floresca et al could only do either one. If they filed
illness. Reynaldo’s action at the time of the marriage did not manifest such characteristics that would comprise grounds
for benefits under the WCA then they will be estopped from proceeding
for psychological incapacity. The evidence shown by Roridel merely showed that she and her husband cannot get along
with a civil case before the regular courts. Conversely, if they sued
before the civil courts then they would also be estopped from claiming with each other and had not shown gravity of the problem neither its juridical antecedence nor its incurability. In addition,
benefits under the WCA. The SC however ruled that Floresca et al are the expert testimony by Dr Sison showed no incurable psychiatric disorder but only incompatibility which is not considered
excused from this deficiency due to ignorance of the fact. Had they been
as psychological incapacity.
aware of such then they may have not availed of such a remedy.
However, if in case they’ll win in the lower court whatever award may be The following are the guidelines as to the grounds of psychological incapacity laid set forth in this case:
granted, the amount given to them under the WCA should be deducted. burden of proof to show nullity belongs to the plaintiff
root causes of the incapacity must be medically and clinically inclined
The SC emphasized that if they would go strictly by the book in this case such incapacity should be in existence at the time of the marriage
then the purpose of the law may be defeated. Idolatrous reverence for
such incapacity must be grave so as to disable the person in complying with the essentials of marital
the letter of the law sacrifices the human being. The spirit of the law obligations of marriage
insures man’s survival and ennobles him. As Shakespeare said, the such incapacity must be embraced in Art. 68-71 as well as Art 220, 221 and 225 of the Family Code
decision of the National Matrimonial Appellate Court or the Catholic Church must be respected
letter of the law killeth but its spirit giveth life.
court shall order the prosecuting attorney and the fiscal assigned to it to act on behalf of the state.
Facts: Held:
Since 7 March and on 21 June 1969, a Personal Accident Policy was issued by Legislative intent must be ascertained from a consideration of the statute as a whole. The particular
Perla Compania de Seguros, through its authorized agent Rodolfo Aisporna, for a words, clauses and phrases should not be studied as detached and isolated expressions, but the whole
period of 12 months with the beneficiary designated as Ana M. Isidro. The insured and every part of the statute must be considered in fixing the meaning of any of its parts and in order to
died by violence during lifetime of policy. Mapalad Aisporna participated actively with produce harmonious whole. In the present case, the first paragraph of Section 189 prohibits a person
the aforementioned policy. from acting as agent, subagent or broker in the solicitation or procurement of applications for insurance
without first procuring a certificate of authority so to act from the InsuranceCommissioner; while the
For reason unexplained, an information was filed against Mapalad Aisporna, Rodolfo’s second paragraph defines who is an insurance agent within the intent of the section; while the third
wife, with the City Court of Cabanatuan for violation of Section 189 of the paragraph prescribes the penalty to be imposed for its violation. The appellate court’s ruling that the
Insurance Act on 21 November 1970, or acting as an agent in the soliciting insurance petitioner is prosecuted not under the second paragraph of Section 189 but under its first paragraph is a
without securing the certificate of authority from the office of the reversible error, as the definition of insurance agent in paragraph 2 applies to the paragraph 1 and 2 of
Insurance Commissioner. Mapalad contends that being the wife of true agent, Section 189, which is “any person who for compensation shall be an insurance agent within the intent of
Rodolfo, she naturally helped him in his work, as clerk, and that policy was merely this section.” Without proof of compensation, directly or indirectly, received from the insurance policy or
a renewal and was issued because Isidro had called by telephone to renew, and at contract, Mapalad Aisporna may not be held to have violated Section 189 of the Insurance Act. “Under
that time, her husband, Rodolfo, was absent and so she left a note on top of her the Texas Penal Code 1911, Article 689, making it a misdemeanor for any person for direct or indirect
husband’s desk to renew. On 2 August 1971, the trial court found Mapalad guilty compensation to solicit insurance without a certificate of authority to act as an insurance agent, an
and sentenced here to pay a fine of P500.00 with subsidiary imprisonment in case of information, failing to allege that the solicitor was to receive compensation either directly or indirectly,
insolvency and to pay the costs. On appeal and on 14 August 1974, the trial court’s charges no offense. In the case of Bolen vs. Stake,19 the provision of Section 3750, Snyder's Compiled
decision was affirmed by the appellate court (CA-GR 13243-CR). Hence, the present Laws of Oklahoma 1909 is intended to penalize persons only who acted as insurance solicitors without
recourse was filed on 22 October 1974. On 20 December 1974, the Office of the license, and while acting in such capacity negotiated and concluded insurance contracts for
Solicitor General, representing the Court of Appeals, submitted that Aisporna may not compensation. It must be noted that the information, in the case at bar, does not allege that the
be considered as having violated Section 189 of the Insurance Act. negotiation of an insurance contracts by the accused with Eugenio Isidro was one for compensation.
This allegation is essential, and having been omitted, a conviction of the accused could not be
Issue: sustained. It is well-settled in our jurisprudence that to warrant conviction, every element of the crime
Whether Mapalad Aisporna is an insurance agent within the scope or intent of the must be alleged and proved. After going over the records of this case, we are fully convinced, as the
Insurance Act Solicitor General maintains, that accused did not violate Section 189 of the Insurance Act.”
FACTS:
Tan Kim Liong was ordered to inform the Court whether or not there
is a deposit in the China Banking Corporation of defendant B & B
Forest Development Corporation, and if there is any deposit, to hold
the same intact and not allow any withdrawal until further order from
the Court. Petitioners in this case refuse to comply with a court
process garnishing the bank deposit of a judgment debtor by
invoking the provisions of Republic A ct No. 1405 ( Secrecy of Bank
Deposits Act) which allegedly prohibits the disclosure of any
information concerning to bank deposits.
ISSUE:
HELD:
No. The lower court did not order an examination of or inquiry into
deposit of B & BForest Development Corporation, as contemplated in
the law. It merely required Tan KimLiong to inform the court whether
or not the defendant B & B Forest Development Corporation had a
deposit in the China Banking Corporation only for the purposes of
thegarnishment issued by it, so that the bank would hold the same
intact and not allow anywithdrawal until further order. It is sufficiently
clear that the prohibition against examination of or inquiry into bank
deposit under RA 1405 does not preclude its beinggarnished to
insure satisfaction of a judgment. Indeed there is no real inquiry in
such acase, and the existence of the deposit is disclosed the
disclosure is purely incidental to theexecution process.
WHEREFORE, the orders of the lower court dated March 4 and 27,
1972,respectively, are hereby affirmed, with costs against the
petitioners-appellants