Professional Documents
Culture Documents
Administrative Complaints; Judges; Judgments; Res Judicata; The doctrine of res judicata
applies only to judicial or quasi-judicial proceedings, and not to the exercise of administrative
powers; Resort to and exhaustion of judicial remedies are prerequisites for the taking of, among
other measures, an administrative complaint against the person of the judge concerned.—It is
well settled that the doctrine of res judicata applies only to judicial or quasi-judicial proceedings,
and not to the exercise of administrative powers. The non-existence of forum shopping
notwithstanding, this Court proscribes the filing of an administrative complaint before the
exhaustion of judicial remedies against questioned errors of a judge in the exercise of its
jurisdiction. Resort to and exhaustion of judicial remedies are prerequisites for the taking of,
among other measures, an administrative complaint against the person of the judge concerned.
Right to Information; The right to information on “matters of public concern or of public interest”
is both the purpose and the limit of the constitutional right of access to public documents.—On
the merits of the petition for mandamus, Section 7 of Article III of the Constitution provides:
SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law. (Emphasis and italics supplied) The above-quoted constitutional provision guarantees a
general right—the right to information on matters of “public concern” and, as an accessory thereto,
the right of access to “official records” and the like. The right to information on “matters of public
concern or of public interest” is both the purpose and the limit of the constitutional right of access
to public documents.
Judicial or Court Records; Words and Phrases; The term “judicial record” or “court record”
does not only refer to the orders, judgment or verdict of the courts—it comprises the official
collection of all papers, exhibits and pleadings filed by the parties, all processes issued and returns
made thereon, appearances, and word-for-word testimony which took place during the trial and
which are in the possession, custody, or control of the judiciary or of the courts for purposes of
rendering court decisions.—Insofar as the right to information relates to judicial records, an
understanding of the term “judicial record” or “court record” is in order. The term “judicial record”
or “court record” does not only refer to the orders, judgment or verdict of the courts. It comprises
the official collection of all papers, exhibits and pleadings filed by the parties, all processes issued
and returns made thereon, appearances, and word-for-word testimony which took place during the
trial and which are in the possession, custody, or control of the judiciary or of the courts for
purposes of rendering court decisions. It has also been described to include any paper, letter, map,
book, other document, tape, photograph, film, audio or video recording, court reporter’s notes,
transcript, data compilation, or other materials, whether in physical or electronic form, made or
received pursuant to law or in connection with the transaction of any official business by the court,
and includes all evidence it has received in a case.
Courts; It bears emphasis that the interest of the public hinges on its right to transparency in the
administration of justice, to the end that it will serve to enhance the basic fairness of the judicial
proceedings, safeguard the integrity of the fact-finding process, and foster an informed public
discussion of public affairs.—In determining whether a particular information is of public concern,
there is no right test. In the final analysis, it is for the courts to determine on a case to case basis
whether the matter at issue is of interest or importance as it relates to or affect the public. It bears
emphasis that the interest of the public hinges on its right to transparency in the administration of
justice, to the end that it will serve to enhance the basic fairness of the judicial proceedings,
safeguard the integrity of the fact-finding process, and foster an informed public discussion of
governmental affairs. Thus in Barretto v. Philippine Publishing Co., 30 Phil. 88 (1915), this Court
held: x x x The foundation of the right of the public to know what is going on in the courts is not
the fact that the public, or a portion of it, is curious, or that what is going on in the court is news,
or would be interesting, or would furnish topics of conversation; but is simply that it has a right to
know whether a public officer is properly performing his duty. In other words, the right of the
public to be informed of the proceedings in court is not founded in the desire or necessity of people
to know about the doing of others, but in the necessity of knowing whether its servant, thejudge, is
properly performing his duty. x x x
Right to Information; Justice requires that all should have free access to the opinions of judges
and justices, and it would be against sound public policy to prevent, suppress or keep the earliest
knowledge of these from the public.—Decisions and opinions of a court are of course matters of
public concern or interest for these are the authorized expositions and interpretations of the laws,
binding upon all citizens, of which every citizen is charged with knowledge. Justice thus requires
that all should have free access to the opinions of judges and justices, and it would be against sound
public policy to prevent, suppress or keep the earliest knowledge of these from the public. Thus,
in Lantaco Sr. et al. v. Judge Llamas, 108 SCRA 502 (1981), this Court found a judge to have
committed grave abuse of discretion in refusing to furnish Lantaco et al. a copy of his decision in
a criminal case of which they were even the therein private complainants, the decision being
“already part of the public record which the citizen has a right to scrutinize.”
Same; Unlike court orders and decisions, pleadings and other documents filed by parties to a
case need not be matters of public concern or interest.—Unlike court orders and decisions,
however, pleadings and other documents filed by parties to a case need not be matters of public
concern or interest. For they are filed for the purpose of establishing the basis upon which the
court may issue an order or a judgment affecting their rights and interests. In thus determining
which part or all of the records of a case may be accessed to, the purpose for which the parties
filed them is to be considered.
Same; Information regarding the financial standing of a person at the time of his death and the
manner by which his private estate may ultimately be settled is not a matter of general, public
concern or one in which a citizen or the public has an interest by which its legal rights or
liabilities may be affected; If the information sought is not a matter of public concern or interest,
denial of access thereto does not violate the citizen’s constitutional right to information.—In
intestate proceedings, the heirs file pleadings and documents for the purpose of establishing their
right to a share of the estate. As for the creditors, their purpose is to establish their claim to the
estate and be paid therefor before the disposition of the estate. Information regarding the
financial standing of a person at the time of his death and the manner by which his private estate
may ultimately be settled is not a matter of general, public concern or one in which a citizen or
the public has an interest by which its legal rights or liabilities may be affected. Granting
unrestricted public access and publicity to personal financial information may constitute an
unwarranted invasion of privacy to which an individual may have an interest in limiting its
disclosure or dissemination. If the information sought then is not a matter of public concern or
interest, denial of access thereto does not violate a citizen’s constitutional right to information.
Same; Once a particular information has been determined to be of public concern, the accessory
right of access to official records, including judicial records, are open to the public.—Once a
particular information has been determined to be of public concern, the accessory right of access
to official records, including judicial records, are open to the public. The accessory right to access
public records may, however, be restricted on a showing of good cause. How “good cause” can be
determined, the Supreme Judicial Court of Massachusetts in Republican Company v. Appeals
Court, 442 Mass, 218, 812 N.E.2d 887, teaches: The public’s right of access to judicial records,
including transcripts, evidence, memoranda, and court orders, maybe restricted, but only on a
showing of “good cause.” “To determine whether good cause is shown, a judge must balance the
rights of the parties based on the particular facts of each case.” In so doing, the judge “must take
into account all relevant factors, ‘including, but not limited to, the nature of the parties and the
controversy, the type of information and the privacy interests involved, the extent of community
interest, and the reason for the request.’ ” (Emphasis and italics supplied; citations omitted) And
even then, the right is subject to inherent supervisory and protective powers of every court over its
own records and files.
Same; Access to court records may be permitted at the discretion and subject to the supervisory
and protective powers of the court, after considering the actual use or purpose for which the
request for access is based and the obvious prejudice to any of the parties.—In fine, access to
court records may be permitted at the discretion and subject to the supervisory and protective
powers of the court,after considering the actual use or purpose for which the request for access is
based and the obvious prejudice to any of the parties. In the exercise of such discretion, the
following issues may be relevant: “whether parties have interest in privacy, whether information
is being sought for legitimate purpose or for improper purpose, whether there is threat of
particularly serious embarrassment to party, whether information is important to public health and
safety, whether sharing of information among litigants would promote fairness and efficiency,
whether party benefiting from confidentiality order is public entity or official, and whether case
involves issues important to the public.”
Same; As long then as any party, counsel or person has a legitimate reason to have a copy of court
records and pays court fees, a court may not deny access to such records.—As long then as any
party, counsel or person has a legitimate reason to have a copy of court records and pays court
fees, a court may not deny access to such records. Of course as this Court held in Beegan v. Borja,
261 SCRA 474 (1996), precautionary measures to prevent tampering or alteration must be
observed: We are not unaware of the common practice in the courts with respect to the
photocopying or xeroxing of portions of case records as long as the same are not confidential or
disallowed by the rules to be reproduced. The judge need not be bothered as long as the permission
of the Clerk of Court has been sought and as long as a duly authorized representative of the court
takes charge of the reproduction within the court premises if warranted or if not, the said court
representative must bring along the case records where reproduction takes place and return the
same intact to the Clerk of Court. In fine, this Court finds the petition for mandamus meritorious,
petitioners being “interested persons” who have a legitimate reason or purpose for accessing the
records of the case.
Judges; Disqualification and Inhibition of Judges; Parties; Persons who are not parties to a case
may not seek the inhibition of the presiding judge.—Since petitioners are not parties to the case,
they may not seek public respondent’s inhibition, whether under the first paragraph of above-
quoted Section 1 which constitutes grounds for mandatory disqualification, or under the second
paragraph of the same section on voluntarydisqualification.
Chavez vs. Public Estates Authority, G.R. No. 133250, July 9, 2002
Neri vs. Senate Committee on Accountability of Public Officers and Investigations, et al., G.R.
No. 180643, September 4, 2008
Same; Same; Same; Same; Same; Ombudsman; Courts; The Office of the Ombudsman is the body
properly equipped by the Constitution and our laws to preliminarily determine whether or not the
allegations of anomaly are true and who are liable therefor, and the same holds true for our courts
upon which the Constitution reposes the duty to determine criminal guilt with finality.—It is
important to stress that complaints relating to the NBN Project have already been filed against
President Arroyo and other personalities before the Office of the Ombudsman. Under our
Constitution, it is the Ombudsman who has the duty “to investigate any act or omission of any
public official, employee, office or agency when such act or omission appears to be illegal,
unjust, improper, or inefficient.” The Office of the Ombudsman is the body properly equipped
by the Constitution and our laws to preliminarily determine whether or not the allegations of
anomaly are true and who are liable therefor. The same holds true for our courts upon which the
Constitution reposes the duty to determine criminal guilt with finality. Indeed, the rules of
procedure in the Office of the Ombudsman and the courts are well-defined and ensure that the
constitutionally guaranteed rights of all persons, parties and witnesses alike, are protected
and safeguarded.
Same; Same; Congress; The Legislature’s need for information in an investigation of graft and
corruption cannot be deemed compelling enough to pierce the confidentiality of information
validly covered by executive privilege.—Should respondent Committees uncover information
related to a possible crime in the course of their investigation, they have the constitutional duty to
refer the matter to the appropriate agency or branch of government. Thus, the Legislature’s need
for information in an investigation of graft and corruption cannot be deemed compelling enough
to pierce the confidentiality of information validly covered by executive privilege. As discussed
above, the Legislature can still legislate on graft and corruption even without the information
covered by the three (3) questions subject of the petition.
Same; Same; Same; Legislative inquiries, unlike court proceedings, are not subject to the exacting
standards of evidence essential to arrive at accurate factual findings to which to apply the law;
Every person, from the highest public official to the most ordinary citizen, has the right to be
presumed innocent until proven guilty in proper proceedings by a competent court or body.—
Legislative inquiries, unlike court proceedings, are not subject to the exacting standards of
evidence essential to arrive at accurate factual findings to which to apply the law. Hence, Section
10 of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation provides that
“technical rules of evidence applicable to judicial proceedings which do not affect substantive
rights need not be observed by the Committee.” Court rules which prohibit leading, hypothetical,
or repetitive questions or questions calling for a hearsay answer, to name a few, do not apply to a
legislative inquiry. Every person, from the highest public official to the most ordinary citizen, has
the right to be presumed innocent until proven guilty in proper proceedings by a competent court
or body.
Same; Congress; An unconstrained congressional investigative power, like an unchecked
Executive, generates its own abuses.—Respondent Committees’ second argument rests on the
view that the ruling in Senate v. Ermita, 488 SCRA 1 (2006), requiring invitations or subpoenas
to contain the “possible needed statute which prompted the need for the inquiry” along with the
“usual indication of the subject of inquiry and the questions relative to and in furtherance thereof”
is not provided for by the Constitution and is merely an obiter dictum. On the contrary, the Court
sees the rationale and necessity of compliance with these requirements. An unconstrained
congressional investigative power, like an unchecked Executive, generates its own abuses.
Consequently, claims that the investigative power of Congress has been abused (or has the
potential for abuse) have been raised many times. Constant exposure to congressional subpoena
takes its toll on the ability of the Executive to function effectively. The requirements set forth
in Senate v. Ermita are modest mechanisms that would not unduly limit Congress’ power. The
legislative inquiry must be confined to permissible areas and thus, prevent the “roving
commissions” referred to in the U.S. case, Kilbourn v. Thompson, 103 U.S. 168 (1880). Likewise,
witnesses have their constitutional right to due process. They should be adequately informed what
matters are to be covered by the inquiry. It will also allow them to prepare the pertinent information
and documents. To our mind, these requirements concede too little political costs or burdens on
the part of Congress when viewed vis-à-vis the immensity of its power of inquiry.
Same; Courts; Judicial Review; While it is true that the Court must refrain from reviewing the
internal processes of Congress, as a co-equal branch of government, however, when a
constitutional requirement exists, the Court has the duty to look into Congress’ compliance
therewith.—Anent the third argument, respondent Committees contend that their Rules of
Procedure Governing Inquiries in Aid of Legislation (the “Rules”) are beyond the reach of this
Court. While it is true that this Court must refrain from reviewing the internal processes of
Congress, as a co-equal branch of government, however, when a constitutional requirement exists,
the Court has the duty to look into Congress’ compliance therewith. We cannot turn a blind eye to
possible violations of the Constitution simply out of courtesy.
Same; Same; Contempt; The Court does not believe that respondent Committees have the
discretion to set aside their rules anytime they wish, and this is especially true where what is
involved is the contempt power; It must be stressed that the Rules are not promulgated to benefit
legislative committees—more than anybody else, it is the witness who has the highest stake in the
proper observance of the Rules.—Obviously the deliberation of the respondent Committees that
led to the issuance of the contempt order is flawed. Instead of being submitted to a full debate by
all the members of the respondent Committees, the contempt order was prepared and thereafter
presented to the other members for signing. As a result, the contempt order which was issued on
January 30, 2008 was not a faithful representation of the proceedings that took place on said date.
Records clearly show that not all of those who signed the contempt order were present during the
January 30, 2008 deliberation when the matter was taken up. Section 21, Article VI of the
Constitution states that: The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of person appearing in or affected by such inquiries shall be
respected. (Emphasis supplied) All the limitations embodied in the foregoing provision form part
of the witness’ settled expectation. If the limitations are not observed, the witness’ settled
expectation is shattered. Here, how could there be a majority vote when the members in attendance
are not enough to arrive at such majority? Petitioner has the right to expect that he can be cited in
contempt only through a majority vote in a proceeding in which the matter has been fully
deliberated upon. There is a greater measure of protection for the witness when the concerns and
objections of the members are fully articulated in such proceeding. We do not believe that
respondent Committees have the discretion to set aside their rules anytime they wish. This is
especially true here where what is involved is the contempt power. It must be stressed that
the Rules are not promulgated for their benefit. More than anybody else, it is the witness who has
the highest stake in the proper observance of the Rules.
Senate; Certainly, there is no debate that the Senate as an institution is “continuing,” as it is not
dissolved as an entity with each national election or change in the composition of its members, but
in the conduct of its day-to-day business the Senate of each Congress acts separately and
independently of the Senate of the Congress before it.—On the nature of the Senate as a
“continuing body,” this Court sees fit to issue a clarification. Certainly, there is no debate that the
Senate as an institution is “continuing,” as it is not dissolved as an entity with each national
election or change in the composition of its members. However, in the conduct of its day-to-day
business the Senate of each Congress acts separately and independently of the Senate of the
Congress before it. The Rules of the Senate itself confirms this when it states: RULE
XLIV UNFINISHED BUSINESS SEC. 123. Unfinished business at the end of the session shall
be taken up at the next session in the same status. All pending matters and proceedings shall
terminate upon the expiration of one (1) Congress, but may be taken by the succeeding
Congress as if present for the first time. (emphasis supplied) Undeniably from the foregoing, all
pending matters and proceedings, i.e. unpassed bills and even legislative investigations, of the
Senate of a particular Congress are considered terminated upon the expiration of that Congress
and it is merely optional on the Senate of the succeeding Congress to take up such unfinished
matters, not in the same status, but as if presented for the first time. The logic and practicality
of such a rule is readily apparent considering that the Senate of the succeeding Congress (which
will typically have a different composition as that of the previous Congress) should not be bound
by the acts and deliberations of the Senate of which they had no part. If the Senate is a continuing
body even with respect to the conduct of its business, then pending matters will not be deemed
terminated with the expiration of one Congress but will, as a matter of course, continue into the
next Congress with the same status.
Same; Rules on Legislative Inquiries; It is incumbent upon the Senate to publish the rules for its
legislative inquiries in each Congress or otherwise make the published rules clearly state that the
same shall be effective in subsequent Congresses or until they are amended or repealed to
sufficiently put public on notice.—Section 136 of the Senate Rules quoted above takes into account
the new composition of the Senate after an election and the possibility of the amendment or
revision of the Rules at the start of each session in which the newly elected Senators shall begin
their term. However, it is evident that the Senate has determined that its main rules are intended to
be valid from the date of their adoption until they are amended or repealed. Such language is
conspicuously absent from the Rules. The Rules simply state “(t)hese Rules shall take effect seven
(7) days after publication in two (2) newspapers of general circulation.” The latter does not
explicitly provide for the continued effectivity of such rules until they are amended or repealed. In
view of the difference in the language of the two sets of Senate rules, it cannot be presumed that
the Rules (on legislative inquiries) would continue into the next Congress. The Senate of the next
Congress may easily adopt different rules for its legislative inquiries which come within the rule
on unfinished business. The language of Section 21, Article VI of the Constitution requiring that
the inquiry be conducted in accordance with the duly published rules of procedure is categorical.
It is incumbent upon the Senate to publish the rules for its legislative inquiries in each Congress
or otherwise make the published rules clearly state that the same shall be effective in subsequent
Congresses or until they are amended or repealed to sufficiently put public on notice. If it was the
intention of the Senate for its present rules on legislative inquiries to be effective even in the next
Congress, it could have easily adopted the same language it had used in its main rules regarding
effectivity.
Same; Same; Not all orders issued or proceedings conducted pursuant to the subject Rules are
null and void—only those that result in violation of the rights of witnesses should be considered
null and void, considering that the rationale for the publication is to protect the rights of witnesses
as expressed in Section 21, Article VI of the Constitution.—Lest the Court be misconstrued, it
should likewise be stressed that not all orders issued or proceedings conducted pursuant to the
subject Rules are null and void. Only those that result in violation of the rights of witnesses should
be considered null and void, considering that the rationale for the publication is to protect the rights
of witnesses as expressed in Section 21, Article VI of the Constitution. Sans such violation, orders
and proceedings are considered valid and effective.
Separation of Powers; Checks and Balances; In a free and democratic society, the interests of
these Executive and Legislative branches inevitably clash, but each must treat the other with
official courtesy and respect.—On a concluding note, we are not unmindful of the fact that the
Executive and the Legislature are political branches of government. In a free and democratic
society, the interests of these branches inevitably clash, but each must treat the other with official
courtesy and respect. This Court wholeheartedly concurs with the proposition that it is imperative
for the continued health of our democratic institutions that we preserve the constitutionally
mandated checks and balances among the different branches of government.
Same; Same; Accountability and Transparency; There is no question that any story of government
malfeasance deserves an inquiry into its veracity, but the best venue for this noble undertaking is
not in the political branches of government—the customary partisanship and the absence of
generally accepted rules on evidence are too great an obstacle in arriving at the truth or achieving
justice that meets the test of the constitutional guarantee of due process of law.—While this Court
finds laudable the respondent Committees’ well-intentioned efforts to ferret out corruption, even
in the highest echelons of government, such lofty intentions do not validate or accord to Congress
powers denied to it by the Constitution and granted instead to the other branches of government.
There is no question that any story of government malfeasance deserves an inquiry into its veracity.
As respondent Committees contend, this is founded on the constitutional command of transparency
and public accountability. The recent clamor for a “search for truth” by the general public, the
religious community and the academe is an indication of a concerned citizenry, a nation that
demands an accounting of an entrusted power. However, the best venue for this noble undertaking
is not in the political branches of government. The customary partisanship and the absence of
generally accepted rules on evidence are too great an obstacle in arriving at the truth or achieving
justice that meets the test of the constitutional guarantee of due process of law. We believe the
people deserve a more exacting “search for truth” than the process here in question, if that is its
objective.
Sta. Clara Homeowners' Association vs. Spouses Gaston, G.R. No. 141961, January 23, 2002
PADCOM Condominium Corporation vs. Ortigas Center Association, Inc., G.R. No. 146807,
May 9, 2002
1. Civil Law; Land Registration; Liens; Under the Torrens system of registration, claims and
liens of whatever character except those mentioned by law existing against the land binds the
holder of the title and the whole world.-
Under the Torrens system of registration, claims and liens of whatever character, except those
mentioned by law, existing against the land binds the holder of the title and the whole world.
2. Civil Law; Land Registration; Liens; Any lien annotated on previous certificates of title
should be incorporated in or carried over to the new transfer certificates of title; Such lien is
inseparable from the property as it is a right in rem, a burden on the property whoever its owner
may be.-
This is so because any lien annotated on previous certificates of title should be incorporated in
or carried over to the new transfer certificates of title. Such lien is insepara- ble from the
property as it is a right in rem, a burden on the property whoever its owner may be. It subsists
notwithstanding a change in ownership; in short, the personality of the owner is disregarded.
Go, et al. v. The People of the Philippines and Highdone Company, Ltd., et al., G.R. No. 185527,
July 18, 2012.
Secretary Leila M. De Lima, et al. vs. Magtanggol B. Gatdula, G.R. No. 204528, February 19,
2013
1. Constitutional Law; Writ of Amparo; The remedy of the Writ of Amparo is an equitable and
extraordinary remedy to safeguard the right of the people to life, liberty and security as
enshrined in the 1987 Constitution.-
—The remedy of the Writ of Amparo is an equitable and extraordinary remedy to safeguard the
right of the people to life, liberty and security as enshrined in the 1987 Constitution. The Rule on
the Writ of Amparo was issued as an exercise of the Supreme Court’s power to promulgate rules
concerning the protection and enforcement of constitutional rights. It aims to address concerns
such as, among others, extrajudicial killings and enforced disappearances.
2. Procedural Rules and Technicalities; Rules of Court; The Rules of Court can be suspended
on the following grounds: (1) matters of life, liberty, honor or property, (2) the existence of
special or compelling circumstances, (3) the merits of the case, (4) a cause not entirely
attributable to the fault or negligence of the party favored by the suspension of the rules, (5) a
lack of any showing that the review sought is merely frivolous and dilatory, and (6) the other
party will not be unjustly prejudiced thereby.-
—In many instances, the Court adopted a policy of liberally construing its rules in order to
promote a just, speedy and inexpensive disposition of every action and proceeding. The rules can
be suspended on the following grounds: (1) matters of life, liberty, honor or property, (2) the
existence of special or compelling circumstances, (3) the merits of the case, (4) a cause not
entirely attributable to the fault or negligence of the party favored by the suspension of the rules,
(5) a lack of any showing that the review sought is merely frivolous and dilatory, and (6) the
other party will not be unjustly prejudiced thereby.
3. Same; Same; The privilege of the Writ of Amparo should be distinguished from the actual
order called the Writ of Amparo. The privilege includes availment of the entire procedure
outlined in A.M. No. 07-9-12-SC, the Rule on the Writ of Amparo.+
4. Same; Same; A memorandum is a prohibited pleading under the Rule on the Writ of
Amparo.+
5. Same; Same; Words and Phrases; A writ of Amparo is a special proceeding. It is a remedy by
which a party seeks to establish a status, a right or particular fact. It is not a civil nor a criminal
action, hence, the application of the Revised Rule on Summary Procedure is seriously
misplaced.+
6. Same; Same; After the measures have served their purpose, the judgment will be satisfied. In
Amparo cases, this is when the threats to the petitioner’s life, liberty and security cease to exist
as evaluated by the court that renders the judgment.+
7. Same; Same; After evaluation, the judge has the option to issue the Writ of Amparo or
immediately dismiss the case. Dismissal is proper if the petition and the supporting affidavits do
not show that the petitioner’s right to life, liberty or security is under threat or the acts
complained of are not unlawful. On the other hand, the issuance of the writ itself sets in motion
presumptive judicial protection for the petitioner.+
1. Special Civil Actions; Appeals; Mandamus; Certiorari; As extraordinary writs, both Sections
1 (certiorari) and 3 (mandamus), Rule 65 of the Rules of Court require, as a pre-condition for
these remedies, that there be no other plain, speedy and adequate remedy in the ordinary course
of law.-
—As extraordinary writs, both Sections 1 (certiorari) and 3 (mandamus), Rule 65 of the Rules of
Court require, as a pre-condition for these remedies, that there be no other plain, speedy and
adequate remedy in the ordinary course of law.
2. Immunity from Suit; Ombudsman; The Court reiterates its policy of non-interference with
the Ombudsman’s exercise of his investigatory and prosecutory powers and respects the
initiative and independence inherent in the Ombudsman who, “beholden to no one, acts as the
champion of the people and the preserver of the integrity of the public service.”-
—Consistent with this purpose and subject to the command of paragraph 2, Section 1, Article
VIII of the 1987 Constitution, the Court reiterates its policy of non-interference with the
Ombudsman’s exercise of his investigatory and prosecutory powers (among them, the power to
grant immunity to witnesses), and respects the initiative and independence inherent in the
Ombudsman who, “beholden to no one, acts as the champion of the people and the preserver of
the integrity of the public service.”
3. Administrative Proceedings; An administrative case is altogether different from a criminal
case, such that the disposition in the former does not necessarily result in the same disposition
for the latter, although both may arise from the same set of facts.-
—The fact that the respondents had previously been found administratively liable, based on the
same set of facts, does not necessarily make them the “most guilty.” An administrative case is
altogether different from a criminal case, such that the disposition in the former does not
necessarily result in the same disposition for the latter, although both may arise from the same
set of facts. The most that we can read from the finding of liability is that the respondents have
been found to be administratively guilty by substantial evidence—the quantum of proof required
in an administrative proceeding.
4. Same; Ombudsman; An immunity statute does not, and cannot, rule out a review by this
Court of the Ombudsman’s exercise of discretion.-
—An immunity statute does not, and cannot, rule out a review by this Court of the Ombudsman’s
exercise of discretion. Like all other officials under our constitutional scheme of government, all
their acts must adhere to the Constitution.
5. Same; The authority to choose the individual to whom immunity would be granted is a
constituent part of the process and is essentially an executive function.-
—While the legislature is the source of the power to grant immunity, the authority to implement
is lodged elsewhere. The authority to choose the individual to whom immunity would be granted
is a constituent part of the process and is essentially an executive function.
6. Immunity from Suit; The power to grant immunity from prosecution is essentially a
legislative prerogative.-
—The power to grant immunity from prosecution is essentially a legislative prerogative. The
exclusive power of Congress to define crimes and their nature and to provide for their
punishment concomitantly carries the power to immunize certain persons from prosecution to
facilitate the attainment of state interests, among them, the solution and prosecution of crimes
with high political, social and economic impact.
7. Same; Same; Same; Ombudsman; If, on the basis of the same evidence, the Ombudsman
arbitrarily excludes from an indictment some individuals while impleading all others, the remedy
of mandamus lies since he is duty-bound, as a rule, to include in the information all persons who
appear responsible for the offense involved.-
—If, on the basis of the same evidence, the Ombudsman arbitrarily excludes from an indictment
some individuals while impleading all others, the remedy of mandamus lies since he is duty-
bound, as a rule, to include in the information all persons who appear responsible for the offense
involved.
8. Same; Same; Same; In matters involving the exercise of judgment and discretion,
mandamus may only be resorted to, to compel the respondent to take action; it cannot be used
to direct the manner or the particular way discretion is to be exercised.-
—Mandamus is the proper remedy to compel the performance of a ministerial duty imposed by
law upon the respondent. In matters involving the exercise of judgment and discretion,
mandamus may only be resorted to, to compel the respondent to take action; it cannot be used to
direct the manner or the particular way discretion is to be exercised.
Hur Tin Yang vs. People, G.R. No. 195117, August 14, 2013
1. Civil Law; Contracts; In determining the nature of a contract, courts are not bound by the
title or name given by the parties.-
—In determining the nature of a contract, courts are not bound by the title or name given by the
parties. The decisive factor in evaluating such agreement is the intention of the parties, as shown
not necessarily by the terminology used in the contract but by their conduct, words, actions and
deeds prior to, during and immediately after executing the agreement. As such, therefore,
documentary and parol evidence may be submitted and admitted to prove such intention.
2. Same; Same; Same; The fact that the entruster bank, Metrobank in this case, knew even
before the execution of the alleged trust receipt agreements that the covered construction
materials were never intended by the entrustee (petitioner) for resale or for the manufacture of
items to be sold would take the transaction between petitioner and Metrobank outside the ambit
of the Trust Receipts Law.-
—Since the factual milieu of Ng and Land Bank of the Philippines are in all four corners similar
to the instant case, it behooves this Court, following the principle of stare decisis, to rule that the
transactions in the instant case are not trust receipts transactions but contracts of simple loan.
The fact that the entruster bank, Metrobank in this case, knew even before the execution of the
alleged trust receipt agreements that the covered construction materials were never intended by
the entrustee (petitioner) for resale or for the manufacture of items to be sold would take the
transaction between petitioner and Metrobank outside the ambit of the Trust Receipts Law.
3. Same; Same; Loans; When both parties enter into an agreement knowing fully well that the
return of the goods subject of the trust receipt is not possible even without any fault on the part
of the trustee, it is not a trust receipt transaction penalized under Sec. 13 of PD 115 in relation
to Art. 315, paragraph 1(b) of the Revised Penal Code, as the only obligation actually agreed
upon by the parties would be the return of the proceeds of the sale transaction. This transaction
becomes a mere loan, where the borrower is obligated to pay the bank the amount spent for the
purchase of the goods.-
—When both parties enter into an agreement knowing fully well that the return of the goods
subject of the trust receipt is not possible even without any fault on the part of the trustee, it is
not a trust receipt transaction penalized under Sec. 13 of PD 115 in relation to Art. 315, par.
1(b) of the RPC, as the only obligation actually agreed upon by the parties would be the return
of the proceeds of the sale transaction. This transaction becomes a mere loan, where the
borrower is obligated to pay the bank the amount spent for the purchase of the goods.
4. Mercantile Law; Trust Receipts; Words and Phrases; A trust receipt transaction is one
where the entrustee has the obligation to deliver to the entruster the price of the sale, or if the
merchandise is not sold, to return the merchandise to the entruster.-
—Simply stated, a trust receipt transaction is one where the entrustee has the obligation to
deliver to the entruster the price of the sale, or if the merchandise is not sold, to return the
merchandise to the entruster. There are, therefore, two obligations in a trust receipt transaction:
the first refers to money received under the obligation involving the duty to turn it over
(entregarla) to the owner of the merchandise sold, while the second refers to the merchandise
received under the obligation to “return” it (devolvera) to the owner. A violation of any of these
undertakings constitutes Estafa defined under Art. 315, par. 1(b) of the RPC, as provided in Sec.
13 of PD 115.
1. Remedial Law; Criminal Procedure; Once a case is filed with the court, any disposition of it
rests on the sound discretion of the court; In resolving a motion to dismiss a case or to
withdraw an Information, the trial court should not rely solely and merely on the findings of the
public prosecutor or the Secretary of Justice.-
—Well-entrenched is the rule that once a case is filed with the court, any disposition of it rests
on the sound discretion of the court. In thus resolving a motion to dismiss a case or to withdraw
an Information, the trial court should not rely solely and merely on the findings of the public
prosecutor or the Secretary of Justice. It is the court’s bounden duty to assess independently the
merits of the motion, and this assessment must be embodied in a written order disposing of the
motion. While the recommendation of the prosecutor or the ruling of the Secretary of Justice is
persuasive, it is not binding on courts.
2. Same; Same; Double Jeopardy; Requisites for Double Jeopardy to Exist.-
—Double jeopardy exists when the following requisites are present: (1) a first jeopardy attached
prior to the second; (2) the first jeopardy has been validly terminated; and (3) a second jeopardy
is for the same offense as in the first. A first jeopardy attaches only (a) after a valid indictment;
(b) before a competent court; (c) after arraignment; (d) when a valid plea has been entered; and
(e) when the accused has been acquitted or convicted, or the case dismissed or otherwise
terminated without his express consent.
3. Same; Same; By relying solely on the manifestation of the public prosecutor and the
resolution of the Department of Justice (DOJ) Secretary, the trial court abdicated its judicial
power and refused to perform a positive duty enjoined by law.-
—By relying solely on the manifestation of the public prosecutor and the resolution of the DOJ
Secretary, the trial court abdicated its judicial power and refused to perform a positive duty
enjoined by law. The said Orders were thus stained with grave abuse of discretion and violated
the complainant’s right to due process. They were void, had no legal standing, and produced no
effect whatsoever.
4. Same; Same; In this case, it is obvious that in dismissing the criminal case, the Regional Trial
Court (RTC) judge failed to make his own determination of whether or not there was a prima
facie case to hold respondents for trial.-
—In this case, it is obvious from the March 17, 2004 Order of the RTC, dismissing the criminal
case, that the RTC judge failed to make his own determination of whether or not there was a
prima facie case to hold respondents for trial. He failed to make an independent evaluation or
assessment of the merits of the case. The RTC judge blindly relied on the manifestation and
recommendation of the prosecutor when he should have been more circumspect and judicious in
resolving the Motion to Dismiss and Withdraw Information especially so when the prosecution
appeared to be uncertain, undecided, and irresolute on whether to indict respondents.