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EXERCISE 3

(1)*FOUR REQUIREMENTS FOR JUDICIAL REVIEW!!!!! In the

case of Encinas vs. National Bookstore,1 the Court stressed that
the factual findings of the trial court, when adopted and
confirmed by the Court of Appeals, are final and conclusive and
may not be reviewed on appeal. However, there are several
exceptions to the rule, namely:
(1) when the inference made is manifestly mistaken, absurd or
impossible;
(2) when there is a grave abuse of discretion;
(3) when the finding is grounded entirely on speculations,
surmises or conjectures;
(4) when the judgment of the Court of Appeals is based on
misapprehension of facts;
(5) when the findings of fact are conflicting;
(6) when the Court of Appeals, in making its findings, went
beyond the issues of the case and the same is contrary to the
admissions of both appellant and appellee;
(7) when the findings of the Court of Appeals are contrary to
those of the trial court;
(8) when the findings of fact are conclusions without citation
of specific evidence on which they are based;
(9) when the Court of Appeals manifestly overlooked certain
relevant facts not disputed by the parties and which, if
properly considered, would justify a different conclusion; and
(10) when the findings of fact of the Court of Appeals are
premised on the absence of evidence and are contradicted by
the evidence on record
**David vs. Arroyo

1 G.R. No. 162704, 19 November 2004.

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EXERCISE 3

(2)In the case of Alonzo et. al. vs. Intermediate Appellate Court et.
al.,2 hard cases can be understood as those cases where a
construction or an interpretation of a statute has limited its
intent, and thus its application. It is considered as a creating a
bad law because in the course of interpreting and applying the
statute to the letter, its spirit or intent is not the only thing that
is lost, but also how justice is implemented.
(3)In the case of Imbong et. al. vs. Ochoa Jr., et. al., 3 the court cited
the case of Scotlands Inner House of the Court of Session the
case of Doogan and Wood v. NHS Greater Glasgow and Clyde
Health Board,4 where it was ruled that the midwives cannot be
required to delegate, supervise or support staff in administering
abortions due to their conscientious objections.
In the case of Secretary of Defense vs. Manalo,5 the court cited Ortiz
vs. Guatemala,6 a case decided by the Inter-American Commission
on Human Rights, where the testimony of Sister Diana Ortiz
regarding her abduction and torture were considered as findings of
fact of the Commission.
In the case of Central Bank Employees Association vs. Executive
Secretary,7 the court cited Hooper vs. Secretary of state for Work
and Pensions,8 a case in the United Kingdom, where it was
2 G.R. No. 72873, 28 May 1987.
3 G.R. No. 204819, 8 April 2014.
4 20 130 CSIH 36.
5 G.R. No. 180906, 7 October 2008.
6 Case 10.526, Report No. 31/96, Inter-Am. C.H.R., OEA/Ser.L/V/II.95 Doc.7 rev. at
332 (1997).

7 G.R. No. 148208, 15 December 2004.

8 [2002] EWHC 191 (Admin).

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EXERCISE 3

determined that once the State has chosen to confer benefits,

discrimination contrary to law may occur where favorable treatment
already afforded to one group is refused to another, even thought
he State is under no obligation to provide that favorable treatment.
(4)A second motion for reconsideration is prohibited and a denial of
a motion for reconsideration is final since in the opinion of the
Court nothing more is left to be discussed or clarified. However,
it was emphasized in the case of Systra Philippines, Inc. vs.
Commissioner of Internal Revenue,9 that a second motion for
reconsideration is forbidden except for extraordinarily persuasive
reasons, and only upon express leave is first obtained. It was
also stressed in the case of Apo Fruits Corporation et. al. vs.
Land Bank of the Philippines,10 that the Court recognizes the
need to bend the procedural rule on filing a second motion for
reconsideration by reversing judgments and recalling their
entries in the interest of substantial justice and where special
and compelling reason called for such actions.
(5)Dr. Perla Iglesia is correct in asserting her beliefs as grounds for
refusing to administer birth control pills. It was clarified in the
case of Imbong, et. al. vs. Ochoa Jr., et. al.11 that the Republic Act
No. 10354, also known as the Reproductive Health Act of 2012 or
RH Law, allows health providers to refuse or opt out in
rendering reproductive health services due to their religious
beliefs. The Court emphasized that religious freedom should be
accorded primacy in the instance that there is a conflict between
ones religious beliefs and interests of the State; and [t]he
punishment of a healthcare service provider, who fails and/or
refuses to refer a patient to another, or who declines to perform
9 G.R. No. 176290, 21 September 2007.
10 G.R. No. 164195, 12 October 2010.
11 G.R. No. 204819, 8 April 2014.

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EXERCISE 3

reproductive

health

procedure

incompatible

religious

beliefs,

on
is

a
a

patient
clear

because

inhibition

of

of
a

constitutional guarantee which the court cannot allow.

(6)Reinstatement would seem to be unfeasible due to the strained
relations between Ruby Diamante and Gold Oro, and is thus
entitled to her separation pay. It was discussed in the case of
Bank of Lubao, Inc. vs. Rommel J. Manabat et. al.,12 that it would
be more prudent for an employee to order payment of
separation pay instead of reinstatement especially where the
relations between the parties had been unduly strained by their
irreconcilable differences. Also provided in the aforementioned
case, she is entitled to separation pay as well as the full
backwages computed from the time of her illegal termination up
to the finality of the decision.
(7)Bheng-Bheng can seek, aside from exemplary damages and
costs of funeral expenses, damages for loss of earning capacity.
In the case of Tan et. al. vs. OMC Carriers, Inc. et. al.,13 the Court
emphasized the rule that documentary evidence should be
presented to substantiate the claim for loss of earning capacity,
except in cases where (1) the deceased is self-employed and
earning less than the minimum wage under current labor laws, in
which case, judicial notice may be taken of the fact that in the
deceased's line of work, no documentary evidence is available;
or (2) the deceased is employed as a daily wage worker earning
less than the minimum wage under current labor laws. According
to People vs. Lagat,14The amount of such damages are based on
two factors: 1) the number of years on the basis of which the
damages shall be computed; and 2) the rate at which the losses
12 G.R. No. 188722, 1 February 2012.
13 G.R. No. 190521, 12 January 2011.
14 G.R. No. 187044, 12 September 2011.

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EXERCISE 3

sustained by the heirs of the deceased should be fixed. The first

factor is based on the formula (2/3 x 80 age of the deceased at
the time of his death = life expectancy) which is adopted from
the American Expectancy Table of Mortality. Net income is
computed by deducting from the amount of the victims gross
income the amount of his living expenses. As there is no proof of
Jhoels age and living expenses, it would be impossible to arrive
at an exact amount.
(8)The case of People vs. Bernal 15 provides a distinction between
habitual delinquency and recidivism, the former being defined in
Paragraph 5 of Article 62 of the Revised Penal Code, a person
shall be deemed to be habitually delinquent, if within a period of
ten years from the date of his release or last conviction of the
crime of robbery, theft, estafa, or falsification, he is found guilty
of any of said crimes a third time or oftener. On the other hand,
a recidivist is defined in Paragraph 9, Article 14 of the same
code, that it is committed by a person who, at the time of his
trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the
Code. The Court was able to clarify that recidivism is not a
factor or element of habitual delinquency, and that the elements
and the basis of each are different. In recidivism, it is sufficient,
that on the date of his trial, the accused was convicted by final
judgment of another crime embraced in the same title; while for
a habitual delinquent a conviction of the crimes specified as well
as the date of the last conviction takes place ten years before
the commission of the last offense, it is also necessary that the
crimes previously committed be prior to the commission of the
offense with which he is charged a third time or oftener.

15 G.R. No. L-44988, 31 October 1936.

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EXERCISE 3

(9) No, the Office of the Solicitor General (OSG) cannot represent
Dolores Umbridge in the damage suit. In the case of Urbano vs.
Chaves,16 the Court ruled that a public official cannot expect the
OSG to represent or defend him for a wrongful act which cannot
be attributed to the State. The OSG in representing the State,
and the State which can only speak and act only by law and that
which is unlawful is not the word or deed of the State, but the
mere wrong or trespass of those individual persons who falsely
speak and act in its name. Such was also emphasized in the case
of Pascual vs. Beltran,17 where the Court further ruled that its
observation should apply as well to a public official who is hailed
to court in a civil suit for damages arising from a felony allegedly
committed by him. Any pecuniary liability he may be held to
account for on the occasion of such civil suit is for his own
account. The Sate is not liable for the same. A fortiori, the Office
of the Solicitor General likewise has no authority to represent
him in such a civil suit for damages.
(10) Atty. Chis motion to dismiss is correct. In the case of Pacaa
vs. Rovila Water Supply,18 the Court clarified Pargraph 1, Section
1, 42, Rule 16 of the Rules of Court provides for the period
within which to file a motion to dismiss under the grounds
enumerated. Specifically, the motion should be filed within the
time for, but before the filing of, the answer to the complaint or
pleading asserting a claim. Equally important to this provision is
Section 1,43 Rule 9 of the Rules of Court which states that
defenses and objections not pleaded either in a motion to
dismiss or in the answer are deemed waived, except for the
following grounds: 1) the court has no jurisdiction over the

16 G.R. Nos. 87977 and 88578, 19 March 1990.

17 G.R. 129318, 27 October 2006.
18 G.R. No. 168979, 2 December 2013.

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EXERCISE 3

subject matter; 2) litis pendencia; 3) res judicata; and 4)

prescription.
(11) The enumeration is exclusive in the sense that what must be
included are those belonging in the same kind or class, as
established in the legal maxim or rule of ejusdem generis. As
applied in the case of Guzman vs. COMELEC et. al.,19 where the
Court applied the maxim in the enumeration found in Sec. 1,
Chapter 1, Title V, Book IV of the Administrative Code 1987
which means that only the fixed public infrastructures for use of
the public are regarded as public works.
Oxford dictionary defines a gemstone as a precious or semiprecious
stone, especially one cut, polished, and used in a piece of jewelry,
and Merriam-Webster defines it as a mineral or petrified material
that when cut and polished can be used in jewelry. The Gemological
Institute of America20 provides a definition for each of the mentioned
semi-precious stones,i as well as their use in jewelry making.
Applying the maxim of ejusdem generis as defined in the case
wherein, [i]t is a general rule of statutory construction that where
general words follow an enumeration of persons or things, by words
of a particular and specific meaning, such general words are not to
be construed in their widest extent, but are to be held as applying
only to persons or things of the same general kind or class as those
specifically mentioned, the aforementioned semi-precious stones
can be deemed included in the intent of the statute.
(12) Yes, the Philippine court has jurisdiction over the complaint. In
the case of Saudi Arabian Airlines vs. Court of Appeals et. al., 21
the Court, after clarifying the applicable law, determined that the
19 G.R. No. 182380, 28 August 2009.
20 http://www.gia.edu/gia-about
21 G.R. No. 122191, 8 October 1998.

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EXERCISE 3

connecting factor or point of contact is the place where the

tortious conduct or lex loci actus occurred. The Court took into
consideration the following contacts to account and evaluate
according to the relative importance with respect to a particular
issue:

(a) the place where the injury occurred; (b) the place

where the conduct causing the injury occurred; (c) the domicile,
residence, nationality, place of incorporation and place of
business of the parties, and (d) the place where the relationship,
if any, between the parties is centered.
(13) The exceptions to the rule on secrecy of bank deposits are
provided in the cases of Ejercito vs. Sandiganbayan, 22 and PNB
vs. Gancayco,23 where the Court enumerated those exceptions in
Republic Act No. 1405, or otherwise known as the Secrecy of
Bank Deposits Law:
(1) Upon written permission of depositor
(2) In cases of impeachment
(3) The examination of bank accounts is upon order of a
competent court in
cases of bribery or dereliction of duty of public officials,
and
(4) The money deposited or invested is the subject matter of
the litigation.
In addition to this are those cases when there is unexplained wealth
that are similar to cases of bribery or dereliction of duty and no
reason.

22 G.R. Nos. 157294-95, 30 November 2006.

23 G.R. No. L-18343, 30 September 1965.

i Tourmaline a mineral that comes in many colors, including the remarkable intense violer-toblue gems.Aquamarine blue to slightly greenish-blue variety of the mineral beryl.
Peridot yellow-green gem variety of the mineral olivine. Found as nodules in volcanic rock,
occasionally as crystals lining veins in mountains and occasionally inside meteorites.
Pearl produced in the bodies of marine and freshwater mollusks naturally or cultured by
people with great care. Lustrous, smooth, subtly-colored pearls are jewelry staples, especially
strands
Coral organic and formed by living organisms.
Amber an organic gem, fossilized resin, color of the burnished sun-orange or golden brown