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
Public Domain vs. Public Dominion: A Nuanced Look at Philippine Land Law
Case Title: Republic of the Philippines vs. Pasig Rizal Co., Inc.
G.R. No.: 213207
Date: February 15, 2022
G.R. No.: 213207
Date: February 15, 2022
SEPARATE CONCURRING OPINION
GAERLAN, J.:
Case Antecedent Background:
The case involves a dispute over the ownership and registration of a parcel of land. Pasig Rizal Co., Inc. (respondent) filed an application for registration of title to a parcel of land with the Regional Trial Court (RTC). The RTC granted the application, and the Republic of the Philippines (petitioner) appealed to the Court of Appeals, which affirmed the RTC's decision. The Republic of the Philippines then filed a petition for review on certiorari with the Supreme Court.
Read more: Public Domain vs. Public Dominion: A Nuanced Look at Philippine Land Law
A Contract to Sell is a bilateral contract where the seller retains ownership of the property until full payment of the purchase price
G.R. No. 222957: Atty. Rogelio B. De Guzman v. Spouses Bartolome and Susan Santos
Date: March 29, 2023
D E C I S I O N
GAERLAN, J.:
Summary:
This case involves a dispute over a Contract to Sell between Atty. Rogelio B. De Guzman (De Guzman) and Spouses Bartolome and Susan Santos (spouses Santos) regarding a house and lot. The spouses Santos failed to pay the monthly installments, and De Guzman sold the property to a third party during the pendency of the case.
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