CASE UPDATES August 2006

Prohibition is not the proper remedy when what is being sought to be enjoined is an exercise of
quasi-legislative power. (Holy Spirit Homeowners Association, Inc. Et al. Vs. Secretary Michael
Defensor et al., G.R. No. 163980, August 3, 2006)
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The use of laches as a defense should be based on equity and justice (Mercedes Cristobal Cruz,
et al. Vs. Eufronsina Cristobal, et al., G.R. No. 140422, August 7, 2006)
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Eminent Domain - LGUs may exercise the power of Eminent Domain only through an enacted
ordinance authorizing the local chief executive to expropriate private property, for public
purposes after the payment of just compensation. (Miguel Beluso et al., vs. The Municipality of
Panay et al., G.R. No. 153974, August 7, 2006)
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Principle of Adoptive Admission - A party may, by his words or conduct voluntarily adopt or
ratify another's statement. Where it appears that a party clearly and unambiguously assented to or
adopted the statements of another, evidence of those statements Is admissible against him This is
the essence of the principle of adoptive admission.

An adoptive admission is a party's reaction to a statement or action by another person when it is
reasonable to treat the party's reaction as an admission of something stated or implied by the
other person..(Estrada v. Desierto, G.R. Nos. 146710-15, 03 April 2001, 356 SCRA 108) By
adoptive admission, a third person's statement becomes the admission of the party embracing or
espousing it.

Adoptive admission may occur when a party:
(a) expressly agrees to or concurs in an oral statement made by another,
(b) hears a statement and later on essentially repeats it,
(c) utters an acceptance or builds upon the assertion of another,
(d) replies by way of rebuttal to some specific points raised by another but ignores further points
which he or she has heard the other make or
(e) reads and signs a written statement made by another.
(Republic of the Philippines, represented by the Land Registration Authority vs. Kenrick
Development Corp., G.R. No. 149576, August 8, 2006)
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Civil Law - Assumption of Properties carries with it the assumption of all obligations (Caltex
(Philippines), Inc. Vs. PNOC Shipping and Transport Corporation, G.R. No. 150711,August 10,
2006)
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Civil Law- There must be meeting of the minds, otherwise, the right of first refusal is deemed
waived. (Agripino Villegas et al., vs. The Court of Appeals, et al. , G.R. No. 150711, August 18,
2006)
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Criminal Law- Juveniles in conflict with the Law who commits a crime punishable by Death,
Reclusion Perpetua or Life Imprisonment is disqualified to avail of a suspended sentence.
(Rennie Declarador vs. Hon. Salvador S. Bubaton, et al., G.R. No. 159208,August 18, 2006)
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Remedial Law- A case on appeal to the CA, and in which an order of execution has been issued,
is considered as still pending, so that all proceedings on the execution are proceedings in the suit.
(Mario Danilo B. Villaflores vs. RAM System Services, Inc., et al, G.R. No. 166136,August 18,
2006)
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Legal Fees - The charging of fees must be based on the principles of quantum meruit. Lawyers
should be discouraged from filing suits for the collection of fees. Only when there are no other
alternatives should this course of action be considered. (Vinson B.Pineda vs. Atty. Clodualdo C.
De Jesus, et al., G.R. No. 155224,August 23, 2006)