PH Law Digest

Ponente: MURPHY J. Appeal from a judgment affirming a conviction under the state law denouncing the use of offensive words when addressed by one person to another in a public place. Facts: November 1941, Saturday afternoon, Walter Chaplinsky, a Jehovah's Witness, was at a sidewalk in downtown Rochester, passing out his sect's pamphlets and “was said (by the local citizenry) to be calling organized religion a 'racket.'” After a large crowd had begun blocking the roads and starting to cause a scene, a police officer removed Chaplinsky to take him to police headquarters. Upon seeing the town marshal Bowering (who had returned to the scene after warning Chaplinsky earlier to keep it down and avoid causing a commotion), Chaplinsky attacked the marshal verbally. He was then arrested. The complaint against Chaplinsky stated that he shouted: "You are a God-damned racketeer" and "a damned Fascist". Chaplinsky's version When he met Bowering...

Ponente: REYES J. A petition for certiorari under Rule 64 and Rule 65 Facts: Feb. 12, 2001,RA No. 9006, otherwise known as the "Fair Elections Act", was passed. Section 9 thereof provides: Sec. 9. Posting of Campaign Materials. - The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten (10) public places such as plazas, markets, barangay centers and the like, wherein candidates can post, display or exhibit election propaganda: Provided that the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent. Independent candidates with no political parties may likewise be authorized to erect common poster areas in not more than ten (10) public places, the size of which shall not exceed four (4) by six (6) feet or its equivalent. Candidates may post any lawful propaganda material in private places with the consent of the owner thereof, and in public places or ...

Summary:  Rosario G. Lim aka Cherry Lim, is an administrative clerk at MERALCO. On June 4, 2008, an anonymous letter was posted at the door of the Metering Office of the Administration building of MERALCO Plaridel, Bulacan Sector, at which Lim is assigned, denouncing Lim. The letter reads: MATAPOS MONG LAMUNIN LAHAT NG BIYAYA NG MERALCO, NGAYON NAMAN AY GUSTO MONG PALAMON ANG BUONG KUMPANYA SA MGA BUWAYA NG GOBYERNO. KAPAL NG MUKHA MO, LUMAYAS KA RITO, WALANG UTANG NA LOOB…. Alexander Deyto, Head of MERALCO’s HR Staffing, directed the transfer of Lim to MERALCO’s Alabang Sector in Muntinlupa as "in light of the receipt of "… reports that there were accusations and threats directed against [her] from unknown individuals and which could possibly compromise [her] safety and security." Lim appealed her transfer . No response to her appeal having been received, Lim filed a petition for the issuance of a writ of habeas data against MERALCO et al before the RTC Bulaca...

Summary:  Fil-Homes Realty and Magdiwang Realty co-owned two lots situated in Sucat, Parañaque City. The 2 Corporations filed a complaint for unlawful detainer against the Petitioners. Their allegation: Petitioners, through tolerance, had occupied the subject lots since 1980 but ignored their repeated demands to vacate them. During the pendency of the case, the City of Parañaque filed expropriation proceedings covering the lots before the RTC Parañaque with the intention of establishing a socialized housing project therein for distribution to the occupants including Petitioners. A writ of possession was consequently issued and a Certificate of Turn-over given to the City. MeTC ruled in favor of the Corporations, and ordered Petitioners Sps. Abad et. al to VACATE and SURRENDER possession of the premises to the Corporations. On appeal, the RTC reversed the MeTC decision and dismissed Corparations' complaint. Ratio:  the issuance of a writ of possession in favor of the ...

Summary:  BAYFORT sold to KEYSER Condominium Unit G on installment basis. The Contract to Sell was not registered with the Register of Deeds (RD) Manila.  Meanwhile, Sps Suntay won their case  against BAYFORT before the HLURB. HLURB rescinded the Contract to Sell between the two and ordered Bayfront to pay Sps Suntay P2,752,068.60 as purchase price with interest.   On Nov. 16, 1994, the HLURB issued a writ of execution. Sheriff of the RTC Manila levied Bayfront’s titled properties, including Unit G. The levy was duly recorded in the RD Manila on Jan 18, 1995. The auction sale was then conducted on Feb 23, 1995, and Sps Suntay were the highest bidder. Consequently, the Certificate of Sale in favor of Sps was issued. This was duly annotated at the back of CCT No. 15802 on April 7, 1995. Meanwhile, the Deed of Absolute Sale between Bayfront and Keyser involving Unit G was finally executed on Nov 9, 1995. But when Keyser was about to register the said deed, it disco...

Summary: June 30, 1982, Ederlinda Gallardo leased 2 parcels of land to Eulogia Manila for a period of 10 years. They also agreed that the lessee shall have the option to buy the property within 2 years from the date of execution of the contract of lease. The contract of lease expired on July 1, 1992 but the lessee continued in possession of the property despite a formal demand letter to vacate the same.  Sps Gallardo-Manzo, eventually, filed an action for ejectment against the Sps Ramon and Eulogia Manila, before the MeTC Las Pias City. MeTC ruled in favor of Sps Gallardo-Manzo ordering the defendants to vacate the subject parcels. Sps Manila appealed to the RTC Makati City. RTC Makati reversed the MeTC. and ordered Sps Gallardo-Manzo to execute a deed of absolute sale over that parcel of land after full payment of Sps Manila of the purchase price of P150k. Sps Manila filed a MR.  RTC denied the motion for having been filed beyond the 15-day period. Consequently, the decision...