The law is the public conscience.

PEOPLE VS DE JESUS AND MORALES G.R. No. 186528, January 26 2011 [Aggravating Circumstance - Abuse of Superior Strength] FACTS: Santiago and Armando Arasula, and the two accused were attending a birthday party. When Santiago was already home he heard his brother shout. He ran towards his brother and saw de Jesus and Morales still grabbing him with a small bolo. He ordered the two to stop, they ran away and, upon reaching Armando, he found out that he was already dead. De Jesus admitted the killing but claimed it as a self-defense. The trial court declared de Jesus and Morales guilty of murder. The accused appeal to the CA, argued that, assuming arguendo that they committed the act of killing Armando Arasula, the trial court erred in appreciating the qualifying circumstance of superior strength. CA denied and dismissed the appeal. ISSUE: Whether or not the aggravating circumstance of abuse of superior strength is present in this case. RULING: Yes. SC held that the trial court wa

PEOPLE OF THE PHILIPPINES VS SUMARAGAO G.R. No. 140873-77, February 6, 2004 FACTS: The spouses Vivencio and Teodora Brigole had four children. Two of them were girls and named- Norelyn and Doneza. Teodora left Vivencio and kept custody of their four children. Then, Teodora and Levi started living together as husband and wife. Sometime in 1995, Norelyn, who was barely ten years old, was gathering firewood with the appellant Levi in his farm. While they were nearing a guava tree, the appellant suddenly boxed her on the stomach. Norelyn lost consciousness. She had her clothes when she woke up. She had a terrible headache and felt pain in her vagina. She also had a bruise in the middle portion of her right leg. The appellant warned not to tell her mother about it, otherwise he would kill her. The sexual assaults were repeated several times so she decided to tell her sister and eventually her mother.   The trial court found the accused guilty of the crime rape and se

PEOPLE OF THE PHILIPPINES VS JOSE LARRY COLONIA G.R. No. 138541, June 12 2003 [Aggravating Circumstances - Treachery] FACTS: Antonio Urcinado and Leonardo Mallari were walking in the street at around 1:45 am when they were approached by 9 men. Soon an argument broke out between Mallari and a certain Eduardo Colonia. Mallari kicked Eduardo, and as Urcinado was pacifying Mallari, Rene Colonia struck Mallari with a round stick. As Mallari fell flat on his stomach, Jose Larry Colonia  stabbed Mallari on the left side of his back with a hunting knife, penetrating his chest. Urcinado ran for assistance but upon his return with his companions, they found Mallari already dead and the group had fled. The trial court found Jose Larry Colonia guilty of murder. Co-a ccused Eduardo Colonia and Rene Colonia were acquitted for insufficiency of evidence and for having acted in defense of their brother. ISSUE: Whether or not treachery is present in the case. RULING: No.  SC rule

PEOPLE OF THE PHILIPPINES VS NICANOR SALOME G.R. No. 169077,  August 31 2006  [Article 14 - Revised Penal Code Bk I: Aggravating Circumstance – Dwelling] FACTS: Salome entered into the house where 13 year old Sally Idanan was sleeping. He poked a knife against her neck and then raped her. He threatened Idanan so that she may not report the incident to authorities. When she found out that she’s pregnant, she reported the incident. Salome offered the defense of alibi in court claiming that he went fishing at the time of the incident. Trial court convicted Salome of rape qualified by the use of a bladed weapon, committed inside the dwelling of Sally, as defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. ISSUE: Whether or not the aggravating circumstance of dwelling be appreciated against Salome. HELD: Yes.  The Court finds Salome’s denial untenable. The aggravating circumstance of dwelling is appreciated agai

PEOPLE VS. QUE PO LAY, digested Posted by Pius Morados on November 9, 2011 94 SCRA 641, March 29, 1954 (Constitutional Law – Publication of Bank Circulars and Regulations) FACTS: Appellant who was in possession of foreign exchange consisting of U.S. dollars, U.S. checks and U.S. money orders failed to sell the same to the Central Bank through its agents within one day following the receipt of such foreign exchange as required by Central Bank Circular No. 20. Appellant appeals on the claim that the said circular had no force or effect because the same was not published in the official Gazette prior to the act or omission imputed to said appellant. The Solicitor General counters that Commonwealth Act. No. 638 and 2930 do not require the publication in the Official Gazette of said circular issued for the implementation of a law in order to have force and effect. ISSUE: Whether or not circulars and regulations should be published in order to have force and effect. HELD:

Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) 146 SCRA 446 (December 29, 1986) TAÑADA VS. TUVERA 136 SCRA 27 (April 24, 1985) FACTS: Invoking the right of the people to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of mandamus to compel respondent public officials to publish and/or cause to publish various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations and administrative orders. The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition. ISSUE: Whether or not publication in the Official Gazette is required before any law or statute becomes valid and enforceable. HELD: Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even i

Article 1445 By: Gretzen M. Colona No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. Ang trust ay hindi maaring maparam o mabigo sa kadahilanan ng hindi pagtanggap ng trustee sa kanyang pagtatalaga, maliban na lang kung ang kabaliktaran ay makikita sa instrumento kung saan nabubuo o naisasaad ang trust. EFFECT OF DECLINATION BY TRUSTEE – Court appoints new trustee GOVERNMENT  vs ABADILLA FACTS: A school teacher originally owned three parcels of land, by composicion gratuita. Before dying, he executed a holographic will party in Spanish and partly in Tagalog, leaving their possession to his widow. The will contained a Tagalog clause which translated read: That the coconut land in Colongcolong, which I have put under cultivation, be used by my wife after my death during her life or until she marries, but from this cocoanut land shall be take

ARTICLE 1423 By: Gretzen M. Colona Obligations are civil or natural. Civil obligations give right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a rigt of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles. (n) Ang obligasyon ay civil o natural. Obligasyong sibil ay nagbibigay ng hakbang para iutos ang pagsasagawa. Obligasyong natural, ay hindi ayon sa positibong batas ngunit sa equity at natural law, hindi nagbibigay ng karapatan sa isang hakbang para ipatupad ang pagsasagawa, ngunit pagkatapos ng boluntaryong pagsasakatuparan ng may utang , pinapayagan nila ang pagpapanatili ng kung ano mang naibigay o naisagawa para sa kadahilanan nito. May ilang natural obligation ay tinatalaga sa mga susunod na artikulo

Article 1394 By: Gretzen M. Colona Ratification may be effected by the guardian of the incapacitated person. Ang ratipikasyon ay maaring maisagawa ng guardian ng taong nawalan ng kapasidad. Discussion: Incapacitated persons includes unemancipated minors and insane or demented persons, and deaf-mutes who do not know how to write. If incapacitated enters into a contract, the contract is voidable if the other party is capacitated. If both are incapacitated, the contract becomes void. The guardians however may ratify the defective contract in their behalf. If the incapacitated person becomes capacitated, they themselves may ratify their defective contracts. Escoto vs Arcilla, 89 Phil. 199 (1951) Ponente: J. Tuason Facts: Tancungco conveyed his property to Jacinto Hilario and his daughter Armada Hilario, provided that he would remain in possession of the property and could repurchase them in two years. When Jacinto died, his rights were transfe

Article 1375 By: Gretzen M. Colona Words which may have different significations shall be understood in that which is most inkeeping with the nature and object of the contract. (1286) Ang mga salitang maaaring magkaroon ng iba’t ibang mga kahulugan ay dapat unawain kung saan sinasabi ang mga kalikasan at object ng kontrata. (1286) Case: Germann & Co. vs. Donaldson, Sim & Co. (1 Phil. 63) FACTS: PETITIONER: Germann & Co. RESPONDENT: Donaldoson, SIm & Co. PONENTE: Ladd, J. 1. CONTRACT; CONFLICT OF LAWS. — The validity of a power of attorney executed in Germany between German subjects should considered according to the laws of that country. 2. AGENCY; POWER OF ATTORNEY. — The right to commence action for collection of debts owing to principal is not an incident of strict ownership, which must be conferred in express terms. 3. POWER OF ATTORNEY; RIGHT TO SUE. — The power to “legally compel” the payment of debts owing to the principal i

Article 1356 By: Gretzen M. Colona Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be exercised. (1278a) Ang mga kontrata ay dapat na magpapasunod, sa kung anumang porma na maaring maipasok nila dito, maliban na lahat ng pangunahing kailangan para sa bisa nito ay makikita. Gayunman, kapag hinihingi ng batas na ang kontrata ay sa ibang kaanyuan para ito ay maging maybisa o maipaguutos o ang kontrata ay mapapatunayan sa ibang paraan, na ang takdang kailangan ay makapangyarihan at lubhang mahalaga. Sa naturang kalagayan, ang karapatan ng mga partido na nakasaad sa mga sumusunod na artikulo ay hindi

Article 1337 There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress.  Mayroong labis labis na impluwensiya kapag ang isang tao ay gumagawa ng hindi wastong kalamangan gamit ang kanyang kapangyarihan sa isang tao, na nagdudulot ng pagkakaalis mula sa isang ng kanyang kakayahang mamili nang malaya.  Ang mga sumusunod na sitwasyon ang maisasaalang-alang: ang confidential, pamilya, espiritwal, at iba pang relasyon sa pagitan ng baway partido, o di kaya ang katotohanan na ang taong labis na naiimpluwensiyahan ay mahina ang pag-iisip, o walang alam, o may matinding pangangailangang pinansyal. UNDUE INLUENCE

Article 1319 By: Gretzen M. Colona Article 1319 Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. (1262a) Ang pagsang-ayon ay maihahayag kapag nagkasundo ang bawat partido at tinanggap na ang mga bagay na magiging paksa ng kasunduan. Ang pag-aalok ay dapat na tiyak at naaayon sa kontrata. Ang pag-aalok na may bisa ay dapat may unawaan sa bawat isa. Ang pag-aalok na ginawa sa pamamagitan ng liham o telegrama ay hindi magtatali sa nag-alok maliban kung ito ay dumating sa kanyang kaalaman. Ang kontrata sa mga ganitong kaso ay ipinagpapalagay na tinanggap kun

Article 1300 By: Gretzen M. Colona Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. Ang subrogation ng ikatlong tao sa mga karapatan ng nagpautang ay maaaring legal o konbensyonal. Ang nauna ay hindi ipinapagpalagay, maliban sa mga kaso na malinaw na nabanggit sa Code na ito; ang nahuli ay dapat na malinaw na itinatag upang ito ay magkabisa. (1209a) Subrogation is the active subjective novation characterized by the transfer to a third person of all the rights pertaining to the creditor in the transaction concerned including the right to proceed against the guarantors or possessor of mortgages, and similar other subject to any applicable legal provisions or any stipulation agreed upon by the parties in conventional subrogation. It is the transfer of the credit of the credi

Article 1259  By: Gretzen M. Colona Article 1259. The expenses of consignation, when properly made, shall be charged against the creditor Ang gastos sa pagbabayad sa korte ng may utang, ay pag maayos na nagawa, ang bayarin ay papasanin ng nagpautang. *If the consignation is properly made the filling of the suit must bear the expenses of consignation like storage fees, filling fees, attorney’s fees and other related expenses. AMADEO MATUTE, Plaintiff-Appellant,  vs.  CHEONG BOO, Defendant-Appellant. Facts: On January 14, 1915, a contract was made between Amadeo Matute and Cheong Boo that the former should deliver and the latter should receive within the month of February of the same year a quantity of more than 300 and less than 500 piculs of mastic (almaciga) at the price of P8.50/picul. Matute performed his part and delivered on February 22, 1915 the almaciga to the defendant but he refused to accept delivery.The plaintiff thereupon stored the almac