Biyernes, Hunyo 29, 2012

AGLIPAY Vs RUIZ



AGLIPAY Vs. RUIZ

G.R. No. L-45459             March 13, 1937

FACTS: The petitioner, Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, seeks the issuance from this court of a writ of prohibition to prevent the respondent Director of Posts from issuing and selling postage stamps commemorative of the Thirty-third International Eucharistic Congress.

In May, 1936, the Director of Posts announced in the dailies of Manila that he would order the issues of postage stamps commemorating the celebration in the City of Manila of the Thirty-third international Eucharistic Congress, organized by the Roman Catholic Church. The petitioner, in the fulfillment of what he considers to be a civic duty, requested Vicente Sotto, Esq., member of the Philippine Bar, to denounce the matter to the President of the Philippines. In spite of the protest of the petitioner's attorney, the respondent publicly announced having sent to the United States the designs of the postage stamps for printing

ISSUE : WON the selling of stamps in commemorating the Thirty-third International Eucharistic Congress. constitutional

HELD: YES .The stamps were not issue and sold for the benefit of the Roman Catholic Church. Nor were money derived from the sale of the stamps given to that church. On the contrary, it appears from the latter of the Director of Posts of June 5, 1936, incorporated on page 2 of the petitioner's complaint, that the only purpose in issuing and selling the stamps was "to advertise the Philippines and attract more tourist to this country." The officials concerned merely, took advantage of an event considered of international importance "to give publicity to the Philippines and its people

Source : Full Text http://www.lawphil.net/judjuris/juri1937/mar1937/gr_l-45459_1937.html


Cabanas Vs Pilapil



Cabanas Vs Pilapil
G.R. No. L-25843 July 25, 1974




FACTS: The insured, Florentino Pilapil had a child, Millian Pilapil, with a married woman, the plaintiff, Melchora Cabanas. She was ten years old at the time the complaint was filed on October 10, 1964. The defendant, Francisco Pilapil, is the brother of the deceased. The deceased insured himself and instituted as beneficiary, his child, with his brother to act as trustee during her minority. Upon his death, the proceeds were paid to him. Hence this complaint by the mother, with whom the child is living, seeking the delivery of such sum. She filed the bond required by the Civil Code. Defendant would justify his claim to the retention of the amount in question by invoking the terms of the insurance policy.


Issue: WON the mother is the rightful trustee for the minor beneficiary


Held: on Articles 320 and 321 of the Civil Code. The former provides: "The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and whose company he lives.


With the added circumstance that the child stays with the mother, not the uncle, without any evidence of lack of maternal care, the decision arrived at can stand the test of the strictest scrutiny. It is further fortified by the assumption, both logical and natural, that infidelity to the trust imposed by the deceased is much less in the case of a mother than in the case of an uncle


Source: FULL TEXT http://www.lawphil.net/judjuris/juri1974/jul1974/gr_l_25843_1974.html

Bacani Vs Nacoco [G.R. No. L-9657. November 29, 1956

Bacani Vs Nacoco [G.R. No. L-9657. November 29, 1956] 

Facts:  Plaintiffs herein are court stenographers assigned in Branch VI of the Court of First Instance of Manila. During the pendency of Civil Case No. 2293 of said court, entitled Francisco Sycip vs. National Coconut Corporation, AssistantCorporate Counsel Federico Alikpala, counsel for Defendant ,requested said stenographers for copies of thetranscript of the stenographic notes taken by them during the hearing. Plaintiffs complied with the request by delivering to Counsel Alikpala the needed transcript containing 714 pages and thereafter submitted to him their billsfor the payment of their fees. The National Coconut Corporation paid the amount of P564 to Leopoldo T. Bacaniand P150 to Mateo A. Matoto for said transcript at the rate of P1 per page the Auditor General required the Plaintiffs to reimburse said amounts on the strength of a circular of the Department of Justice wherein the opinion was expressed that the National Coconut Corporation, being a government entity, was exempt from the payment of the fees in question.

Issue  : WON NACOCO is a Government Entity


Held:   They do not acquire that status for the simple reason that they donot come under the classification of municipal or public corporation. Take for instance the National CoconutCorporation. While it was organized with the purpose of ³adjusting the coconut industry to a position independent of trade preferences in the United States´ and of providing ³Facilities for the better curing of copra products and the proper utilization of coconut by-products´, a function which our government has chosen to exercise to promote thecoconut industry, however, it was given a corporate power separate and distinct from our government, for it wasmade subject to the provisions of our Corporation Law in so far as its corporate existence and the powers that it mayexercise are concerned (sections 2 and 4, Commonwealth Act No. 518). It may sue and be sued in the same manner as any other private corporations, and in this sense it is an entity different from our government. As this Court hasaptly said, ³The mere fact that the Government happens to be a majority stockholder does not make it a public. the term ³Government of the Republic of the Philippines´ used in section 2 of the Revised Administrative Code refers only to that government entity through which the functions of thegovernment are exercised as an attribute of sovereignty, and in this are included those arms through which political authority is made effective whether they be provincial, municipal or other form of local government. These are whatwe call municipal corporations. They do not include government entities which are given a corporate personality separate and distinct from the government and which are governed by the Corporation Law. Their powers, dutiesand liabilities have to be determined in the light of that law and of their corporate charters. They do not thereforecome within the exemption clause prescribed in section 16, Rule 130 of our Rules of Court

 Source : FULL TEXT http://www.scribd.com/doc/36132697/BACANI-vs-NAcoco