Juristz

Jose Rizal L. Remo, et al. Vs. The Honorable Secretary of Justice Agnes VST Devenadera, et al. G.R. No. 192925. December 9, 2016 The Batangas II Electric Cooperative, Inc. (BATELEC II) is a cooperative engaged in the distribution and transmission of electric power to certain parts of the Batangas province. It was organized and duly registered as a non-profit electric cooperative with the National Electrification Administration (NEA), pursuant to Presidential Decree (PD) No. 269, on 12 August 1977. The contributions of the members of BATELEC II were paid to the latter not out of any fraudulent act, transaction or scheme. As admitted by Manalo et al., the "contributions" of the members of BATELEC II comprise of their payments for the electricity being supplied by the cooperative. In 2004, BATELEC II entered into two (2) contracts that required it to spend a total of P81,100,000.00. In 2005, a NEA audit report8found the ITI and Supertrac contracts as having be...

People of the Philippines Vs. Napoleon Bensurto, Jr. y Bolohabo G.R. No. 216061. December 7, 2016 The victim, AAA, was born on July 10, 1991, and sometime in February 1999, when she was only 9 years old, she was left alone by her adoptive mother, BBB, in their house, together with appellant, her father (as indicated in the birth certificate presented before the court). While she was sleeping in her room, appellant entered thereat with a rope in his hand. AAA was awakened by the presence of her father who proceeded to tie her feet. Appellant then pulled AAA's underwear to her feet and immediately laid on top of her. Thereafter, appellant undressed himself and then forced his penis into AAA's vagina. After appellant satisfied his carnal desires, he threatened AAA not to tell anyone about the incident or else he would kill her and her mother. Fearing for her life, as well as her mother, AAA never told anyone about the incident. The said incident, however, was repeated somet...

People of the Philippines Vs. Jesus Mayola y Picar G.R. No. 214470. December 7, 2016 Appellant is the father of AAA, the private complainant. The appellant, AAA, and her 3 siblings, CCC, DDD and EEE, lived in an 18-square-meter single room house in Brgy. Telbang, Alaminos City, Pangasinan. Her mother was then working as a househelper in Manila. According to AAA, appellant had sexual intercourse with her every other day since 2001 when she was just 13 years old. Her mother knew what the appellant did to her, but the former could not help her and the latter was afraid to report the incident to the authorities. In the evening of December 30, 2004, AAA and her brother CCC slept on a bamboo bed beside appellant while her sisters DDD and EEE slept on the floor. Appellant went on top of her and inserted his penis into her vagina when her siblings were already asleep. Appellant only stopped what he was doing when CCC woke up. Appellant then went at the back of their house, gathered th...

National Power Corporation Vs. Sps. Conchita Malapascua-Malijan and Lazaro Malijan/Conchita Malapascua-Malijan and Lazaro Malijan Vs. National Power Corporation G.R. No. 211731/G.R. No. 211818. December 7, 2016 National Power Corporation (NAPOCOR) sought to expropriate a 3,907-square-meter portion of a property owned by the Spouses Conchita Malapascua-Malijan and Lazaro Malijan (the Spouses Malijan) located at Barangay San Felix, Sto. Tomas, Batangas and covered by Tax Declaration No. 15032. An expropriation case was, therefore, filed with the RTC, Branch 6 of Tanauan City, Batangas. The Spouses Malijan did not interpose any objection to the expropriation of the property, hence, the sole issue that needed to be resolved was the determination of the just compensation. According to NAPOCOR, the taking of the property occurred in 1972 whereas the institution of the complaint was made thirty-four (34) years after, hence, the just compensation should be based on the value of ...