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Defective, verification and certification against forum shopping

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G.R. No. 268216, February 26, 2024
Case Digest: Caridad Pacheco vs. Jimmy F. Reyes
GAERLAN, J.:
 
Case Summary
The case involves a dispute over the possession of a property located in Quezon City. The petitioner, Caridad Pacheco, and her late husband entered into a lease contract with the respondent, Jimmy F. Reyes. However, they failed to pay the monthly rentals starting April 1, 2017, and despite demands to pay and vacate, they remained in possession of the property. The respondent filed a complaint for unlawful detainer, which was granted by the Metropolitan Trial Court (MeTC) and affirmed by the Regional Trial Court (RTC). The Court of Appeals (CA) dismissed the petitioner's petition for certiorari, and the Supreme Court denied the petition for review on certiorari.

Read more: Defective, verification and certification against forum shopping

importance of prospective application of new judicial rulings and the doctrine of operative fact

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G.R. No. 258159, June 13, 2023
Case Digest: Efraim C. Genuino vs. Commission on Audit

DISSENTING OPINION

GAERLAN, J.:

Case Summary
 
The case involves a dispute over the audit jurisdiction of the Commission on Audit (COA) over the funds of the Philippine Amusement and Gaming Corporation (PAGCOR). The Supreme Court initially ruled in 2021 that COA's audit jurisdiction is limited to the 5% franchise tax and the government's 50% share of gross earnings. However, in 2023, the Court reversed its decision, striking down the relevant provision as unconstitutional and applying the new ruling prospectively.

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Denial of financial support

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G.R. No. 255877. March 29, 2023
Case Digest: XXX v. People of the Philippines
GAERLAN, J.:
 
The case involves a conviction of XXX for violation of Section 5(i) of Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. XXX was accused of abandoning his wife, AAA, and denying her financial support, causing her mental and emotional anguish. The Supreme Court granted the petition for review, acquitted XXX, and reversed the Court of Appeals' decision.

Read more: Denial of financial support

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PBBM orders review of performance management systems

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MANILA – President Ferdinand R. Marcos Jr. has ordered a review of the Results-Based Performance Management System (RBPMS) and Performance-Based Incentive (PBI) System in government to harmonize and streamline the systems.

Marcos issued Executive Order (EO) 61 suspending the implementation of Administrative Order (AO) No. 25 (s. 2011), EO No. 80 (s. 2012) and all other relevant issuances, pending a review of the RBPMS and PBI systems.

The issuances are deemed redundant and duplicative with the internal and external performance audit and evaluation systems of the government, the Presidential Communications Office (PCO) said in a news release on Saturday.

AO No. 25 established a unified and integrated RBPMS across all departments and agencies within the executive branch, while EO No. 80, as amended by EO No. 201 (s. 2016), adopted a PBI System, consisting of Productivity Enhancement Incentive (PEI) and the Performance-Based Bonus (PBB), to motivate higher performance and exact greater accountability in the public sector.

"It makes compliance burdensome, bureaucratic, laborious, and time-consuming for government agencies," the PCO said.
 
The PCO also mentioned the lack of a review mechanism, which has resulted in the accumulation of rules, regulations, and issuances from the Inter-Agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems.
 
“It is imperative to streamline, align and harmonize the RBPMS and PBI System with ease of doing business initiatives, and reform the government performance evaluation process and incentives system towards a more responsive, efficient, agile and competent bureaucracy,” the President said in EO 61 signed by Executive Secretary Lucas Bersamin.
 
Under EO 61, a Technical Working Group (TWG) will be created to study and review the RBPMS and PBI systems.
 
The TWG will be chaired by the Budget secretary and co-chaired by the Executive Secretary, with members including the secretaries of Finance and National Economic and Development Authority and the Anti Red-Tape Authority director general.
 

The TWG shall integrate, streamline and align the new government performance management system with the government internal audit program and activities under Republic Act No. 3456 or the Internal Auditing Act, as well as the government quality management systems under AO No. 161 (s. 2006) and EO No. 605 (s. 2007).
 
The TWG shall submit a comprehensive report on its findings together with its recommendations to the Office of the President, through the Office of the Executive Secretary, within six months of the EO's effectivity date.
 
The TWG is also tasked to submit a transition plan for the grant of PBB for Fiscal Year 2023 within a period of three months from the effectivity of the order.
 
The streamlining of the RBPMS and PBI systems is in line with the Philippine Development Plan 2023-2028 and the Marcos administration’s 8-Point Socioeconomic Agenda, aimed at instituting good governance practices and improving bureaucratic efficiency.

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