Professional Documents
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Datu Samad Mangelen Vs CA
Datu Samad Mangelen Vs CA
vs.
THE HONORABLE COURT OF APPEALS, PEDRO HABALUYAS
and HABALUYAS ENTERPRISES, INC., respondents.
1992 Oct 29 3rd Division G.R. No. 88954
FACTS:
The defendant then filed a motion to set aside the order of default and to
hold in abeyance further proceedings on the ground that they had filed with the
then Intermediate Appellate Court a petition for certiorari raising the issues of
improper venue, lack of jurisdiction and litis pendencia. That case was docketed as
A.C.-G.R. No. 03742.
After considering in open court the said motion, and petitioner's opposition
thereto and in view of the absence of a restraining order from the Intermediate
Appellate Court enjoining the trial court from proceeding with the case, the latter
issued an order denying the defendants' motion to set aside the order of default
Thereafter, the trial court rendered a decision in favor of the petitioner based on the
evidence submitted ex-parte; the dispositive portion of said decision was quoted
earlier.
ISSUE:
RULING:
The Supreme Court find the basis for holding private respondent Pedro
Habaluyas jointly and severally liable with private respondent Habaluyas
Enterprises, Inc. for the amounts adjudged. The Compromise Agreement was a
corporate act of the latter with the former signing merely as its representative. No
provision therein makes him solidarily liable with the corporation. Additionally,
the liability arising from the obligation is not solidarily. There is solidarily liability
only when the obligation expressly so states, or when the law or the nature of the
obligation requires solidarity. The trial court simply cannot write into the
Compromise Agreement a stipulation or condition which the parties did not
contemplate. It would have been entirely different if petitioner alleged and proved
grounds allowing the piercing of the veil of corporate fiction.
FACTS:
It has invariably been ruled by the Supreme Court that, in termination cases,
the burden of proof rests on the respondent to show that the dismissal is for a just
cause and when there is no showing of a clear, valid and legal cause for the
termination of employment, the law considers that matter a case of illegal
dismissal. The Labor Arbiter rendered judgment in favor of herein respondent.
The respondents contend that complainant abandoned his work and submitted in
evidence a Memorandum. Aggrieved by the Labor Arbiter's decision, herein
petitioner filed an appeal with the National Labor Relations Commission (NLRC).
The NLRC affirmed, with modification, the Labor Arbiter's decision. Petitioner
filed a motion for reconsideration but the same was denied by the NLRC.
ISSUE:
RULING:
A perusal of the records at hand convinces the Supreme Court. They agree
with the Labor Arbiter's conclusion that the Memorandum was simply an
afterthought on the part of the petitioner. Petitioner failed to present proof that
Endaya was indeed suspended prior to the filing of his complaint for illegal
dismissal. If Endaya was in fact suspended, there should have been a record of
proceedings taken by petitioner to investigate the latter's alleged infractions before
suspending him; or at the least, petitioner should have handed out a memorandum,
like the ones it subsequently issued, calling Endaya's attention for his shortcomings
or directing him to explain his side. Despite petitioner's claim that there was an
investigation, they find no evidence to this effect. Hence, they are led to no
conclusion other than the fact that the letter of suspension and the memorandums
were all issued as a means of validating the prior illegal dismissal of Endaya.
The instant petition is DENIED and the temporary restraining order is forthwith
LIFTED. The Resolutions of the Court of Appeals AFFIRMED.
ALEJANDRO ESTRADA, complainant, vs. SOLEDAD S.
ESCRITOR, respondent.
2003 Aug 4 En Banc A.M. No. P-02-1651
FACTS:
Escritor was already a widow when she entered the judiciary in 1999. She
started living with Luciano Quilapio, Jr. without the benefit of marriage more than
twenty years ago when her husband was still alive but living with another woman.
They have a son. After ten years of living together, she executed on July 28, 1991 a
“Declaration of Pledging Faithfulness” in conformity with their religious beliefs
and has the approval of her congregation, the Jehovah’s Witnesses and the Watch
Tower and Bible Tract Society.
Once all legal impediments for the couple are lifted, the validity of the
declarations ceases and the couple should legalize their union. Insofar as the
congregation is concerned, there is nothing immoral about the conjugal
arrangement and they remain members in good standing in the congregation.
Escritor appears to be sincere in her religious belief and practice and is not merely
using the “Declaration of Pledging Faithfulness” to avoid punishment for
immorality. Ministers from her congregation testified on the authenticity of this
practice and that this is to make the “union” of their members under such
circumstances “honorable before God and men.”
The court could not rule on the issue of whether or not Escritor was to be
held administratively liable so the case was remanded to the Office of the Court
Administrator (OCA) and ordered the Office of the Solicitor General (OSG) to
intervene in the case.
ISSUE:
Whether or not Escritor’s religious belief and practice should warrant her
claim of religious freedom under Article III, Section 5 of the Constitution.
HELD:
In this particular case and under these distinct circumstances, Escritor’s
conjugal arrangement cannot be penalized as she has made out a case for
exemption from the law based on her fundamental right to freedom of religion.
Man stands accountable to an authority higher than the state.
******************************************
HORACIO LUNA and LIBERTY HIZON-LUNA, petitioners,
vs.
INTERMEDIATE APPELLATE COURT, HON. ROQUE A.
TAMAYO, as Presiding Judge of Regional Trial Court, NCJR,
Branch CXXXII, Makati, Metro Manila, MARIA LOURDES
SANTOS, and SIXTO SALUMBIDES, respondents.
1985 Jun 18 2nd Division G.R. No. L-68374
FACTS:
September, 1980, the petitioners decided to take Shirley abroad and show
her Disneyland and other places of interest in America they asked for the
respondents' written consent to the child's application for a U.S. visa, the
respondents refused to give it. When the petitioners returned on October 29, 1980,
they learned that the respondents had transferred Shirley to a different school.
Neither did the said respondents allow Shirley to visit the petitioners. In view
thereof, the petitioners filed a petition for habeas corpus with the Court of First
Instance against the private respondents to produce the person of Shirley and
deliver her to their care and custody. A decision was rendered on March 9, 1981,
declaring the petitioners entitled to the child's custody and forthwith granted the
writ prayed for. Shirley prefers to stay with her grandparents instead of her
biological parents and who had signified her intention up kill herself or run away
from home if she should be separated from her grandparents and forced to live
with her biological parents.
ISSUE:
Whether or not procedural rules more particularly the duty of lower courts to
enforce a final decision of appellate courts in child custody cases, should prevail
over and above the desire and preference of the child.
HELD:
In the instant case, the petitioners claim that the child's manifestation to the
trial court that she would kill herself or run away from home if she should be
forced to live with the private respondents is a supervening event that would justify
the cancellation of the execution of the final decision rendered by the Court of
Appeals in CA-G.R. No. SP-12212. The respondents, upon the other hand,
maintain that there are no supervening developments and circumstances since these
events are not new as the Court of Appeals had taken into account the
physiological and emotional consideration of the transfer of custody of Shirley
when it reversed the decision of the trial court and gave to the private respondents
the custody of the child Shirley; and besides, the wishes and desires of the child is
no hindrance to the parents' right to her custody since the right of the parents to the
custody of their children paramount.