CIVIL PROCEDURE PRELIMINARY CHAPTER Doctrine of Judicial Stability where no court has authority to interfere by injunction with the judgment of another court of concurrent jurisdiction. (Ngo Bun Tiong v. Judge Sayo, 163 SCRA 273) This doctrine does not apply where a third-party claimant is involved. (Santos v. Bayhon, 199 SCRA 525) Hierarchy…
Rights of the holder The holder of a negotiable instrument may sue thereon in his own name; and payment to him in due course discharges the instrument. (Sec. 51) In order to be a holder, he must have physical possession of the instrument and to be entitled to be paid, that is, transferee for…
NEGOTIABLE INSTRUMENTS LAW (Act 2031) Introduction Negotiable instruments are written contract of money, by its form intended as substitute for money and intended to pass from hand to hand to give the holder in due course the right to hold the same and collect the sum due. The functions of a negotiable instruments…
Petition for Review of Philippine Charity Sweepstakes Office (PCSO), represented by Ms. Josefina A. Sarsonas, of Commission on Audit Regional Office No. III Decision No. 2012-39 dated September 6, 2012, which affirmed Notice of Disallowance No. 11-001-101-(10) dated May 16, 2011 on the payment of Cost of Living Allowance for Calendar Year 2010 to the…
RE: REQUEST OF ATTY. BERNARDO ZIALCI(TION OF THE ACTION OF THE FINANCIAL AND BUDGET OFFICE, A.M. No. 90-6-015-SC, October 18, 1990 (Terminal Leave credits are not taxable) Facts: On August 23, 1990, a resolution of the Court En Banc was issued regarding the amounts claimed by Atty. Bernardo F. Zialcita on the occasion of his…
PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) v. COA, G.R. No. 189767, July 3, 2012 (Per Diem; Good Faith) Facts: The PEZA Board of Directors is composed of 13 members which include the Undersecretaries of the Department of Finance, the Department of Labor and Employment, the Department of the Interior and Local Government, the Department of Environment…
GSIS v. COA, G.R. No. 162372, SEPTEMBER 11, 2012 (Unjust enrichment; retirement) Issue: Whether or not the payees should be compelled to return the retirement benefits they had received under the GSIS RFP. Ruling: In essence, the Movants Federico Pascual, et al. are asking this Court to reconsider our Decision in so far as their…
TEOTIMO M. REDULLA vs. THE HON. SANDIGANBAYAN (FIRST DIVISION), THE OFFICE OF THE OMBUDSMAN, and THE OFFICE OF THE SPECIAL PROSECUTOR, G.R. No. 167973, February 28, 2007 Facts: After an investigation conducted by Prosecutor Florita S. Linco, the Office of the Ombudsman filed before the Sandiganbayan three Informations for violation of R.A. No. 3019, Section…
PHILIPPINE INTERNATIONAL TRADING CORP. v. COA, GR No. 183517, June 22, 2010 Facts: On December 31, 1983, Eligia Romero, an officer of petitioner, opted to retire under Republic Act No. 1616 and received a total of P286,780.00 as gratuity benefits for services rendered from 1955 to 1983. Immediately re-hired on contractual basis, it appears that…
CONTE vs. COMMISSION ON AUDIT, G.R. No. 116422, November 4, 1996 (Retirement Benefit; Pension) Facts: Petitioners Avelina B. Conte and Leticia Boiser-Palma were former employees of the Social Security System (SSS) who retired from government service on May 9, 1990 and September 13, 1992, respectively. They availed of compulsory retirement benefits under Republic Act No.…
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