Top The Bar 1st Wave

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TABLE OF CONTENTS

1. SPS. CRISTINO AND EDNA CARBONELL VS. METROPOLITAN BANK AND TRUST COMPANY

 fake dollar bills converted to baht


 Wanted to sue the bank for moral and exemplary damages suffered humiliation
 The bank did not violate any legal duty towards them. Being neither guilty of negligence nor
remiss in its exercise of the degree of diligence required by law or the nature of its obligation as
a banking institution
 the bank is not liable damnum absque injuria is not applicable “loss or damage without injury”

2. VISAYAS GEOTHERMAL POWER COMPANY VS COMMISSIONER OF INTERNAL REVENUE

 Administrative claim for refund of unutilized input VAT covering the taxable year 2007 in the
amount of P11Million
 Cited, among other laws, Sec 6 of RA 9136- VAT zero rated
 If the CIR fails to act within the 120-day period, the remedy of a judicial claim for refund or
credit is always available to a taxpayer.
 Can refund

3. PEOPLE OF THE PHILIPPINES, PETITIONER VS. GOERGE GACUSAN

 Rape of step father


 Healed or fresh laceration "is the best physical evidence of forcible defloration
 The accused had moral ascendancy over the victim even without force or intimidation

4. HEIRS OF LEONILO P. NUÑEZ, SR. VS. HEIRS OF GABINO T. VILLANOZA

 Farmer has a right


 Nunez owned a lot located in Nueva Ecija mortgaged it to royal sabings now GSIS
 The farmer started tilling the lot, after 19 years his mortgage was foreclosed and GSIS as highest
bidder
 TCT of cancelled Sebastian argued that an action to foreclose the mortgage prescribed after 10
years. GSIS Family Bank's right of action accrued but it only foreclosed the property 19 years
later
 Issuance of the title to Villanoza could no longer be revoked or set aside by Secretary
Pangandaman.
 Acquiring the lot in good faith, Villanoza registered his Certificate of Land Ownership Award title
under the Torrens Title

5. ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI) ET.AL. VS. HON. GARIN

 Opposition Food and Drugs Administration (FDA) on re-certifying the contraceptive drugs named
Implanon and Implanon NXT
 Contention drugs are abortifacients.
 Petitioners are not entitled to notice and hearing because the said proceedings are done in the
exercise of its regulatory power, not quasi-judicial power
 exercise of its regulatory power need not comply with the requirements of due process would
render the issuance of notices to concerned MAHs and the posting of a list of contraceptives for
public comment a meaningless exercise.
 Public in general will be deprived of any significant participation if what they will submit will not
be considered.

6. PEOPLE OF THE PHILIPPINES VS. VILLARIN CLEMENO

 Rape
 Father of the child is her father.
 He asserted that the victim was merely influenced by her uncle, accused-appellant's brother-in-
law, to file the rape charges against him because of his long-standing feud with his brother-in-
law involving a property.
 No alibi
 Failed to present evidence he was somewhere else when the crime was committed but he must
also satisfactorily establish that it was physically impossible for him to be at the crime scene at
the time of its commission.

7. JOSE T. ONG BUN VS. BANK OF THE PHILIPPINE ISLANDS

 3 silver custodian certificates (CC) in the Spouses' name from the Far East Bank & Trust Company
 Transferable only in the books or by a duly authorized attorney-in-fact upon surrender of this
instrument together with an acceptable deed of assignment.
 Can withdraw at any time during office hours his/her Silver Certificate of Deposit herein held in
custody.
 not be valid unless duly signed by the authorized signatories of the Bank
 shall cease to have force and effect upon payment under the terms hereof
 wife died and discovered the CC ion her vault
 surrender of the CCs is not required for the withdrawal of the certificates of deposit themselves
or for the payment of the Silver Certificates of Deposit, hence, even if the holder has in his
possession the said custodian certificates, this does not ipso facto mean that he is an unpaid
depositor of the bank

8. TOMAS N. OROLA AND PHIL. NIPPON AOI INDUSTRY, INC. VS. ATTY. ARCHIE S. BARIBAR

 Alleged that the respondent filed a baseless labor case on behalf of his twenty-four (24) clients
against them.
 Notarized the Motion for Reconsideration without the personal appearance with one of the
employees
 Contention harassment suit only
 As a lawyer, the respondent is expected at all times to uphold the integrity and dignity
 Lawyers commissioned as notaries public are mandated to discharge with fidelity the duties of
their offices, such duties being dictated by public policy and impressed with public interest.
9. REPUBLIC OF THE PHILIPPINES VS. FLORIE GRACE M. COTE

 Spouses married in Philippines, obtained a decree of divorce


 RTC allowed the wife to remarry
 Divorce is not the same as annulment
 Annulment- judicial declaration that marriage is void under family code
 Divorce, on the other hand, ends a legally valid marriage and is usually due to circumstances
arising after the marriage

10. MARIA CARMELA P. UMALI VS. HOBBYWING SOLUTIONS, INC.

 Worked in casino gaming establishment


 Illegally dismissed
 Having rendered service even after the lapse of the probationary period, the petitioner had
attained regular employment, with all the rights and privileges pertaining thereto

11. PEOPLE OF THE PHILIPPINES VS. JEFFERSON BACARES

 Murder to Homicide
 Killed the grandmother of his friend
 RTC convicted of Murder
 NO evidence of ascended superior strength

12. PEOPLE OF THE PHILIPPINES VS. PO1 DENNIS JESS ESTEBAN LUMIKID

 Murder with inconsistent testimony


 Mationg stated that Lumikid killed his common law husband
 Inconsistency on the statements of the prosecutions lone witness on material points erodes the
credibility of the testimony

13. PEOPLE OF THE PHILIPPINES VS. REGGIE BRIONES Y DURAN

 Rape Victim was 12, accused was 19


 Force in the commission of rape was contemplated and need not be resistible. The offended
parties who are young and immature girls, the court found a reasonable receptivity on the part
of trial to lend credence over their testimony

14. Jose Tapales Villarosa Vs. People Of The Philippines

 License issued by Mayor to mining and quarry checkers


 Governor contended that he is not authorized
 Not in bad faith
 The evidence proven by the prosecution failed to pass the test of moral certainty necessary to
warrant a person’s conviction. The prosecution has failed to overcome the constitutional
presumption of innocence

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