Summary of Volume 18, March 7, 2011

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ABSENCE OF ASSIGNMENT OF ERRORS 11
Is a ground for the dismissal of an appeal 11

IMPORTANCE OF A SUBJECT INDEX SHOULD NOT BE UNDERESTIMATED 12
Subject index facilitates the review of appeals by providing ready reference 12

STATEMENT OF FACTS 13
Must be supported by page references to the record 13

BAIL GRANTED ONLY UPON APPLICATION 18
Bail should not be granted without such application 18

“CONSTRUCTIVE BAIL” 18
There is no such specie of bail under the Rules 18

DETERMINATION OF JUST COMPENSATION 22
Completes the agrarian reform process under the law 22

RETROACTIVE APPLICATION OF R.A. 6657 23
Statutorily mandated and founded on equitable considerations 23

EVEN IF ESTAFA CHARGED UNDER ARTICLE 171 OF THE RPC NOT SHOWN 26
Accused can still be convicted if facts sufficiently made out a violation of Article 172 26
WHEN ESSENTIAL ELEMENTS OF ARTICLE 171 OF THE RPC 28
Constitute the lesser offense of falsification of public documents under Article 172 28

PROHIBITION AND CERTIORARI PROPER TO CONTEST IMPEACHMENT 31
Power of judicial review is both a power and a duty under the Constitution 31

RIPENESS OF GUTIERREZ PETITION BEFORE THE SC 34
Unusual act of simultaneous referral calls for immediate judicial action 34

ACT OF THE HEAD OF A COLLEGIAL BODY 35
Cannot be considered as the act of the entire body itself 35

AN ABBREVIATED PACE IN THE CONDUCT OF PROCEEDINGS 36
Is not per se an indication of bias 36

COMPLAINT NEED NOT ALLEGE ONLY ONE IMPEACHABLE OFFENSE 36
The one-offense per complaint rule in Criminal Procedure does not apply 36

INDICTMENT FOR MULTIPLE IMPEACHMENT OFFENSES 43
An impeachment complaint need not allege only one impeachable offense. 43

DETERMINATION OF SUFFICIENCY OF FORM AND SUBSTANCE 36
An exponent of the constitutional grant of rule-making powers to the House 36

EFFECT OF LACK OF PUBLICATION OF IMPEACHMENT RULES 37
Does not nullify the proceedings prior to the effectivity of the Impeachment Rules 37

FILING OF AN IMPEACHMENT COMPLAINT 38
Likened to the lighting of a matchstick 38

HIERARCHY OF THE RULES ON IMPEACHMENT 41
Merely in aid of or supplement to the procedural aspects of impeachment 41

IMPEACHMENT PROVISIONS ARE SELF-EXECUTING 42
Generally, all provisions of the Constitution do not require enabling laws 42

NARRATION OF FACTS CONSTITUTIVE OF THE OFFENSES 43
Determination of what constitutes an impeachable offense not for SC to exercise 43

NO DENIAL OF DUE PROCESS 44
Even if there is delay in the publication of Impeachment Rules 44

NON-CONSOLIDATION OF TWO IMPEACHMENT COMPLAINTS 45
Does not violate the one-impeachment rule in the Constitution 45

ONE-YEAR BAR RULE 46
The term “initiate” means to file complaint and take initial action on it 46

PARTICIPATION OF IMPEACHABLE OFFICER 51
Not indispensable in the determination of sufficiency of form and substance 51

PUBLICATION OF PROMULGATION OF IMPEACHMENT RULES 51
Not necessary, being intended only to carry out the impeachment process 51

ALLOWANCE OF A MOTION FOR INTERVENTION 56
Rests on the sound discretion of the court 56

DESPSITE COMPLIANCE WITH CERTIFICATION AND VERIFICATION 56
Intervenors attempt at intervention is doomed to fail for lack of direct interest 56

EFFECT OF ALLOWING EVIDENCE OF FRAUD AND BAD FAITH 58
Would cause unjust delay in adjudicating the rights claimed by the original parties 58

INITIAL LACK OF VERIFICATION AND CERTIFICATION 58
Cured by appended complaint-in-intervention with verification and certification 58

A FINAL DECISION IS IMMUTABLE AND UNALTERABLE 62
May no longer be modified in any respect 62

ACCION PUBLICIANA IS ONE FOR RECOVERY OF POSSESSION 62
To determine the better and legal right to possess, independently of title 62

CERTIFICATE OF TITLE IS EVIDENCE OF OWNERSHIP OF PROPERTY 63
In land registration, certificate of title serves as evidence of title to the property 63

FACTUAL FINDINGS OF TRIAL COURTS 64
When affirmed by the CA are conclusive and may not be reviewed on appeal 64

LACK OF CONSIDERATION IN A DEED OF SALE 65
Renders the deed of sale null and void ab initio 65

WHEN COURT HAS JURISDICTION OVER THE PERSON AND SUBJECT OF CASE 65
The decision on all other questions is an exercise of that jurisdiction 65

WHERE APPEAL IS AVAILABLE TO THE AGGRIEVED PARTY 66
The special civil action for certiorari will not be entertained 66

ASSERTION OF AN ADVERSE CLAIM OVER A PROPERTY 69
Is misplaced if asserting party has no claim over the ownership of the land. 69

NO JUDICIAL RECOGNITION OF EASEMENT 70
An easement is established either by law or by will of the owners 70

PERMANENT INJUNCTION AGAINST MAKING INJURIOUS EXCAVATIONS 71
Is necessary in order to protect the interest of adjacent landowner 71

THE OWNER OF A PARCEL OF LAND 72
Is the owner of its surface and of everything under it 72

A CLIENT IS BOUND BY THE COUNSEL’S ACTS 74
The binding effect includes even mistakes in the realm of procedural technique 74

LITIGANT SHOULD MONITOR THE STATUS OF HIS CASE 74
No prudent party leaves the fate of his case entirely in the hands of his lawyer 74

RIGHT TO APPEAL IS MERELY A STATUTORY PRIVILEGE 75
Not a natural right or a part of due process 75

CA OVERLOOKED MATERIAL AND SUBSTANTIAL FACTS 77
Warranting the reversal of its assailed resolutions 77

SC CHIDES CA FOR CARELESSNESS 78
CA should exercise due care and attention in the performance of its duties 78

THE SC ALSO REPROACHES THE PVB COUNSEL 79
For not informing the CA that it received the notice intended for petitioners 79

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