Ombudsman's Dismissal of Charges Against BFP Official Upholds Standard of Grave Abuse of Discretion
G.R. Nos. 225204-05 March 29, 2023
Case Digest: F/Dir. Rogelio F. Asignado (Ret.), et al. vs. Office of the Ombudsman, et al.
D E C I S I O N
GAERLAN, J.:
Facts:
Petitioners, officers and members of the Board of Trustees of the Bureau of Fire Protection Mutual Aid & Beneficiary Association, Inc. (BFPMBAI), filed a complaint against private respondent F/CSupt. Carlito S. Romero, alleging that he committed grave misconduct, oppression, and grave abuse of authority by withholding the remittance of deductions from the salaries of BFP personnel, which were intended for BFPMBAI. Private respondent claimed that he was justified in withholding the remittance due to a controversy over the legitimacy of the BFPMBAI Board of Trustees.
Eminent Domain and Unlawful Taking: Supreme Court Provides Guidance
G.R. No. 197743. October 18, 2022
Case Digest
Heirs of Jose Mariano and Helen S. Mariano vs. City of Naga
R E S O L U T I O N: DIMAAMPAO, J.:
CONCURRING AND DISSENTING OPINION: GAERLAN, J.:
Facts
The petitioners, Heirs of Jose Mariano and Helen S. Mariano, and Heirs of Erlinda Mariano-Villanueva, filed a complaint for unlawful detainer against the City of Naga, respondent, over a 5-hectare parcel of land covered by Transfer Certificate of Title No. 671. The City of Naga claimed ownership of the property through a Deed of Donation executed by the registered owners, Macario Mariano and Jose A. Gimenez, in 1954.
Read more: Eminent Domain and Unlawful Taking: Supreme Court Provides Guidance
Public Officials on Notice: Supreme Court Decision Highlights Importance of Diligence in Disbursing Public Funds
G.R. Nos. 243029-30. August 22, 2022
Case Digest: Tito S. Sarion vs. People of the Philippines
RESOLUTION
GAERLAN, J.:
Facts
Tito S. Sarion, the petitioner, was convicted by the Sandiganbayan of Malversation of Public Funds under Article 217 of the Revised Penal Code (RPC) and violation of Section 3(e) of Republic Act (R.A.) No. 3019. The conviction stemmed from Sarion's approval of a disbursement voucher for the payment of price escalation to Markbilt Construction, despite the absence of appropriation and non-compliance with the requirements of Section 61 of R.A. No. 9184 or the Government Procurement Reform Act.
Loan Agreements and Foreclosure Sales: Supreme Court Provides Guidance on Conscionability and Validity
G.R. No. 211363. February 21, 2023
Case Digest: Estrella Pabalan vs. Vasudave Sabnani
D E C I S I O N
GAERLAN, J.:
Facts
Vasudave Sabnani (Sabnani) obtained a short-term loan from Estrella Pabalan (Pabalan) in the total amount of ₱7,450,000.00, with interest rates of 8% and 5% per month, and penalty charges, liquidated damages, and attorney's fees. Sabnani failed to pay the loan, and Pabalan foreclosed the mortgage on his condominium unit. Sabnani filed a complaint to annul the foreclosure sale, alleging that the interest rates and penalty charges were unconscionable and that Pabalan had deducted unauthorized fees from the loan.
Right to Privacy vs. Protection of Minors: Supreme Court Rules on Child Pornography Case
G.R. No. 247348. November 16, 2021
Case Digest: Christian Cadajas y Cabias vs. People of the Philippines
D E C I S I O N: LOPEZ, J., J.:
DISSENTING OPINION: GAERLAN, J.:
Facts
Christian Cadajas y Cabias (petitioner) was found guilty beyond reasonable doubt of violating Section 4(c)(2) of Republic Act (R.A.) No. 10175, in relation to Sections 4(a), 3(b), and (c)(5) of R.A. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system.
The petitioner was accused of inducing a 14-year-old girl, AAA, to send him photos of her breasts and vagina through Facebook Messenger. The prosecution presented evidence of their conversation, which showed that the petitioner asked AAA to send him nude photos of herself.
Read more: Right to Privacy vs. Protection of Minors: Supreme Court Rules on Child Pornography Case
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