Nov 5
Nov 5
Alfonso Sycip and Yek Hua Trading Corporation tried to take undue advantage
by infiltrating their credits
o Defendants act finds not justification for no misdeed on the part of a
person is cured by any misdeed of another, and it is to be noted that
neither Alfonso Z. Sycip, nor Yek Hua Trading Corporation were the only
creditors of CALI, nor even preferred ones, and that the infiltration of
ones credit is of no sequence if it cannot be proven in the insolvency
proceedings to the satisfaction of the court
Globe machay v ca
Tobias worked as purchasing agent and admin assistant in PETs company. Pet
discovered certaion fraudulent transactions because tobias reported it to
Hendry.
Tobias was accused and investigated. He was suspended from work and
called a crook and a swindler.
He was made to submit handwriting and signature specimen as well as
undergo a lie detector test. He did and all came out negative. Police
investigation came out negative. Only private investigator found positive
results but he also recommended more investigation.
He was dismissed. 2 years later he applied for work in RETELCO but Hendry
sent them a letter saying that tobias was dismissed due to dishonesty. Tobias
filed illegal dismissal and the company filed 6 crim cases. 5 estafa and 1
discovery of secrets(dismissed). Illdis case dismissed
Tobias filed a civcase for damages against company. It ruled in his favor and
CA affirmed.
SC
SC
WoN actionable? No
o Discussion about ncc19-21
19 requisites: (1) There is a legal right or duty; (2) which is
exercised in bad faith; (3) for the sole intent of prejudicing or
injuring another
21 requisites: 1) There is an act which is legal; 2) but which is
contrary to morals, good custom, public order, or public policy;
3) and it is done with intent to injure.
20 allows for both willful and negligent acts
WoN damages should eb awarded? No
o Proper inquiries were conducted
o Baltao SR could have cleared up confusion after EJ-demand
o Albenson believed justly that filing crim case was best remedy
WoN malicious prosecution
o Reqts: (1) The fact of the prosecution and the further fact that the
defendant was himself the prosecutor, and that the action was finally
terminated with an acquittal; (2) That in bringing the action, the
prosecutor acted without probable cause; (3) The prosecutor was
actuated or impelled by legal malice
o No clear malice and therewas probable cause (bounced check PFev for
bp22)
Reversed
UE v jader
Jader was enrolled in UE law from 1984-88. He failed to take finals in practice
court 1 on 4thyear 1st sem. He filed an application from removal which was
approved. He paid the fee and took the exam. His professor gave him a
failing grade
He was still included in the commencement exercises and tentative list of
graduates. He attended grad ceremony
He enrolled in bar review and took leave w/o pay from work. He then found
out about his deficiency and dropped out of class.
He filed claim for damages. RTC and CA awared actual and moral damages
SC
WON damages should be awarded? Yes
SC
PET filed motion to dismiss because of lack of jurisdiction and other causes
((1) that the Complaint states no cause of action against Saudia; (2) that
defendant Al-Balawi is not a real party in interest; (3) that the claim or
demand set forth in the Complaint has been waived, abandoned or otherwise
extinguished; and (4) that the trial court has no jurisdiction to try the case)
It said that Saudi courts have jurisdiction because saudi laws are applicable
RSP said complaints based on ncc19 and 21
Denied. CA also denied
SC
standard for tort on medical cases must be based on expert testimony. None
here
gate clearance requirement of hospitals is not bar, they can leave anytime. It
is merely notice that the hospital will pursue legal action.
Detainment must be restraining movement in all direction. Few exceptions
o detained or convicted prisoner
o the patient is suffering from a very contagious disease where his
release will be prejudicial to public health
o the patient is mentally ill such that his release will endanger public
safety
o other exigent cases as may be provided by law.
Momentary interruption by staff to remind them of possible legal action is not
barring.
Private hospitals are businesses. They expect to be paid. Requiring a PN is
only to make concrete the implied obligations to pay
Counterclaim of malicious suit never appealed by hospital
Reversed. Chua ordered to pay.
Madela v caro
Crim case of CFI was filed against dr japzon for homicide through RI (wrong
nomenclature)
Civ action reserved but such was dismissed because of the pending criminal
action
SC
WON dismissal valid? No
o Art 33 provides for ex-delicto action that is independent of the criminal
case. ROC 111 contemplates RPC100
o Same provision onf ROC alloes actionas based on ncc33 to prosper
o Physical injury is deemed to be used in generic sense like defamation
or fraud since both do not have rpc definitions. Physical injury in ncc33
is not just rpc definition.
Reversed
Aquino concurring. Action may also be based on 2176
Ponce v Legaspi
Spouses ponce are stockholders of LNOR (marine service corp). other
stockholders are spouses porter. They retain atty Legaspi.
Ponce allege that porter and Legaspi conspired to establish a new corp called
yrasport. They used LNOR facilities and funds for the benefit of Yrasport.
Porter acted as officer of both corpos and Legaspi acted as corposecretary.
The bough cables for 10k for yrasport using LNORs money and they doubled
the prices on the receipts
Porter was charged with estafa and he was represented by Legaspi even
when he was under retainer of LNOR. LNOR had to secure a different attorney.
Porter was acquitted
Disbarment case was filed against legaspi. His defense was that he helped
porter do perfectly legal things and that corpo code does not prohibit new
SC
SC
Jamie and meralco said that a newspaper delivery person named santos
supervised him but this was disregarded by the court because of a lot of
inconsistencies
Jamie gave in evidence his report that yutuk used a jumper. Meralco practice
is that such reports are supervised by client but this was not the case.
Meralco said that after the inspection, her bills went up
Yutuk filed complaint for damages. Lower court ruled for yutuk.
pastor was in an affair with their matchmaker pacita. She showed the letter
to her father mamerto and he opposed the marriage. The only reason for
their despair was that it was an illicit marriage. They initially wanted pastor to
marry escano.
Escano went back to living with her parents.
Escano went abroad in 1950 and secured a divorce. She then married an US
citizen and changed her citizenship in 1957.
Pastor filed legal separation and complaint for damages against escanos
parents. They filed counterclaim for malicious suit.
RTC granted legsep, dismissed pastors claim and favored counterclaim
ordering pastor to pay 45k
SC
Marriage was valid. Escano is still married to pastor but legsep is also valid.
o Marriage contracted through alleged deceit is merely voidable
o No divorce in phils
Mamerto escano was did not act out of malice. According to old Philippine
law, a parent may only be held liable for alienating the parents child to the
childs spouse if such parent acted with malice
o Support is not malice. Escanos acts of leaving even when supported
by her parents were hers alone
Pastor is liable for damages
o His suit may not have been malicious but it was reckless based on
proven facts
o Mamerto did not discriminate against him based on social class.
Mamerto wanted him to get married properly
o 45k is excessive
Mamerto should pay damages
o Pastor can never marry again
Modified
MVRS publication v Islamic dawah council of the Philippines.
RSP filed a class action suit against bulgar newspaper for publishing an article
that says that muslims all over the world worship pigs.
Defense says the article was merely an expression of opinion with no intent
to damage muslims
RTC dismissed for lack of cause of action since no one was specifically
identified.
CA reversed saying it was damaging to all muslims
SC
WoN cause of action exists? No
o Defamation, which includes libel and slander, means the offense of
injuring a person's character, fame or reputation through false and
malicious statements
o It is that which tends to injure reputation or to diminish the esteem,
respect, good will or confidence in the plaintiff or to excite derogatory
feelings or opinions about the plaintiff
o It is the publication of anything which is injurious to the good name or
reputation of another or tends to bring him into disrepute
1) the fact of the prosecution and the further fact that the
defendant was himself the prosecutor, and that the action was
finally terminated with an acquittal; (2) that in bringing the
action, the prosecutor acted without probable cause; and (3) the
prosecutor was actuated or impelled by legal malice
No acquittal when civ case was filed. Premature. SOJ only dismissed on
1998. Case filed in 1996
Chua v ca
Co leases the second floor of a building in binondo. Beneath him, petitioners
chua manage jollibeee yumburger business
1984 Co filed complaint with safety division of manila city engineer office
saying that Chue installed AC and water pump that gave of heat and blocked
his entry.
Secretary of mayor issued order for chua to close business until permits were
secured
Secretary of mayo lifted the order when chua said they made corrective
measurs.
Co filed mandamus in RTC saying that SOM and chua should be liable for
damages. GAD in issuing lifting order. WPI for such
RTC issued WPI but dismissed the case becase Co was never disturbed since
he only used the place for stockroom.
Spouses made counterclaim saying that no damage was cuased by their AC
and that CO had no cause of action because of corrective measuers and that
they have a permit.
RTC held Co liable for damages
CA affirmed but deleted damages
SC
Law presumes goof faith. No proof of bad faith given by chua
o Counterclaim was nature of malicious perosecution
o Applicable in crim and civ cases (unfounded/baseless)
o Co had belief that he was going to be damaged. He merely went to
court to seek redress. His perception was not fantastic or exaggerated.
Denied
Guitar v court of appeals
MMIC guards shot the MMIC general manager which prompted the company
to do a psych eval on all its security personnel.
Dr Rena Nora conducted the psyc exam her findings on RSP haguisan
o admitted to frequent "absent minded spells" in the last few years. ...
Calculating ability is poor, indicating poor concentration and
memory. ... With memory for design test, he made six mistakes which
is interpreted as borderline for motor-perceptual skill impairment ... .
His profile shows that of a poorly adjusted individual both in his
personal adjustments and his social adjustment ...
haguisan was terminated because he was unfit to work as security guard
based on the findings.
Haguisan asked guitar MMIC admin officer for certification of his service.
Guita gave a certification that says he was terminated after he was found
mentally unfit to work.
Haguisan filed a complaint that guita saying that the false and derogatory
statements under haguisans mental state.ruin his chances of employment
RTC dismissed complaint saying no cause of action
CA reversed except for guita because he did not qualify mentally unfit to
work (shouldve said security guard) dr nora qualified it in her findings that he
cannot security guard
SC
Being a collateral relative, she often visited their house. He made up excuses
like asking Lolita to teach him how to pray the rosary to come. They
eventually fell in love. They exchanged love letters. He even went to boac
where Lolita teaches
Rumors circled around of their affair. Petitioners forbade alfonso from coming
over and filed deportation proceedings
Lolita ran away and a letter was found saying that she will meet alfonso
Damage case based on ncc 21 was filed in rtc which dismissed it for lack of
cause of action since both could have fallen in love without and deceit or bad
faith. (human emotion unpredictable)
SC
Hermosisima v CA
Soledad filed a complaint in CFI against chris hermosisima for support and
breach of promise to marry
Soledad is a highschool teacher who is 10 years older than chris who is an
apprentice pilot.
They were public with their love and people thought they were engaged.
They had sex on his cabin on board mv escano. On 18954, soledad advised
him that a child was on the way. He promised to marry her but he then
married perez 4 months later.
Action for breach, damages and support was filed. Support pendente lite was
given. RTC then awarded actual and moral damages
CA increased
SC
WoN breach of promise to marry actionable.
o Spanish code says it is not. Plaintiff may recover expenses from
anticipating the marriage but nothing more. Drafts of the civil code
contain such provisions but these were later removed. The intent it to
be more progressive with breach cases
WoN seduction? No
o No moral guilt of seduction because he is 10 years younger. CFI also
found that she willingly had sex with him
WoN damages proper? Yes
o Lost income during marriage, hospital expenses and child support
Modified
Tanjaco v ca
Apolonio Tanjaco courted Araceli santos.they became acquainted in 1957.
Both were of legal age. They became close and in july 1958, tanjaco
promised santos marriage. They had sex regularly undtil 1959. She told him
she was pregnant and he left her.
She filed action for damages saying that the humiliation forced her to quit her
job in ibm. She also filed for support.
CFI dismissed for lack of cause of action
CA reversed using ncc21 and directed CFI to proceed.
SC