Atty. Jorlito Pingal

17/03/2025

https://m.facebook.com/story.php?story_fbid=678558068169024&id=100080445101466

The (SC) has ruled that a teacher may be held liable to pay damages for harm caused by a student under their supervision if they did not exercise due diligence in preventing the incident.

In a Decision written by Associate Justice Ramon Paul L. Hernando, the SC’s First Division upheld the liability of Gil Apolinario (Apolinario), the principal of Brgy. Palale Elementary School in Sta. Margarita, Samar, for damages arising from the death of Francisco De Los Santos (De Los Santos).

The incident involved a 15-year-old student who, under Apolinario’s instruction, cut down a banana plant near the school and on the side of a highway. The plant fell and struck De Los Santos, who was passing by on a motorcycle, leading to his death. De Los Santos’ family then filed a complaint for damages against Apolinario.

Ruling that Apolinario, as the teacher-in-charge, is vicariously liable for damages, the SC held that teachers and school heads are responsible for students’ actions while under their supervision. Even outside school hours, educators must exercise due diligence when assigning tasks to students.

Ordering Apolinario to pay De Los Santos’ heirs PHP 355,000 in damages and litigation expenses, the SC
said that under the Civil Code, a person who causes harm to another due to fault or negligence must pay for the damage done.

This obligation also applies, following the principle of vicarious liability, to teachers-in-charge and school heads who are primarily responsible for their students’ actions while under their supervision unless they can show that they took proper precautions.

Read the full text of the Press Release at
https://tinyurl.com/3dwnztb4.

Read the full text of the Decision at https://tinyurl.com/a6p8nxjf.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

24/09/2024

Korte Suprema: Hindi kasama sa kapangyarihang mag-audit ng COA ang pagpapataw ng administrative penalties

Binigyang diin ito ng Korte Suprema matapos isantabi ang disallowance ng COA laban kay Jess Christopher S. Biong, opisyal ng PhilHealth Region III.

Pinatawan ng civil liability si Biong kaugnay sa disallowance ng COA sa pagbili ng ng PhilHealth Region III ng printer inks at toners.

Sa Desisyon na isinulat ni Associate Justice Henri Jean Paul B. Inting, sinabi ng Korte Suprema na hindi naaayon ang disallowance dahil ang mga basehan ng COA ay kaugnay sa pamamahala ng mga supplies ng opisina, na nangyari pagkatapos ng pag-bili nito.

Dahil natanggap ng PhilHealth ang binayarang supplies mula sa supplier, walang pondong nawala sa ahensya.

Kaya hindi naayon na magka civil liability si Biong, na naturang administrative penalty at syang hindi saklaw ng kapangyarihan ng COA mag-audit.

Pinaalahanan ng Korte Suprema ang COA na ang kanilang pagsasagawa ng audit ay hindi uri ng administrative supervision ng gobyerno sa mga kawani nito.

Basahin ang buong press release: https://sc.judiciary.gov.ph/sc-coas-audit-powers-do-not-include-imposing-administrative-penalties/

Basahin ang buong kaso: https://sc.judiciary.gov.ph/258510-jess-christopher-s-biong-vs-commission-on-audit-et-al/

24/09/2024

The Supreme Court has ruled that in cases of r**e committed by force, threat, or intimidation, it is not required to prove that the victim resisted.

It is enough that such force, threat, or intimidation existed and was strong enough to prevent the victims from asserting their will, determined from the victims’ perspective.

The Court clarified that previous Decisions stating that a woman cannot claim to be a r**e victim unless she resisted are contrary to current doctrine. These pronouncements also tend to reinforce misguided stereotypes that perpetuate gender bias and insensitivity. The right of women to autonomy and bodily integrity should be recognized and respected.

The belief that if a woman does not resist, then she consents to the r**e is unacceptable in any civilized society. It presumes that men are entitled to free access to a woman’s body at any given time and place.

“Rape is perhaps the only crime where the trial often focuses on the conduct of the victim instead of that of the accused. The need to prove lack of consent often becomes a question of the victim's behavior, her history, and her conduct before, during, and after the r**e as implying that some women can be ‘bad enough’ to be r**ed while others, because of their background, choices, and conduct, are simply lying when they claim that they were r**ed. It is time to strike down such uninformed and ignorant views,” the Court stressed.

Read the full press release: https://sc.judiciary.gov.ph/sc-proof-that-victim-resisted-not-required-in-r**e-cases/

Read the full text of the Decision: https://sc.judiciary.gov.ph/266706-people-of-the-philippines-vs-zzz/

24/09/2024

24/09/2024

24/09/2024

The Supreme Court has ruled that foreign divorce decrees do not require judicial proceedings abroad to be recognized in the Philippines.

The Court ruled that Filipinos who were previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of the Family Code. The type of divorce, whether administrative or judicial, does not matter. As long as the divorce is valid under the foreign spouse's national law, it will be recognized in the Philippines for the Filipino spouse.

The Court emphasized that Article 26(2) aims to prevent a situation where a foreign spouse can remarry while the Filipino spouse remains bound by the marriage.

The Court also clarified that under Office of the Court Administrator (OCA) Circular No. 157-2022-A, the OCA’s compilation of foreign divorce laws serves only as a preliminary reference for courts but does not dispense with the requirements of proving foreign divorce laws under the Revised Rules on Evidence.

Read the full press release: https://sc.judiciary.gov.ph/sc-recognition-of-divorce-not-limited-to-those-decreed-by-foreign-courts/

Read the full text of the Decision: https://sc.judiciary.gov.ph/249238-republic-of-the-philippines-vs-ruby-cuevas-ng-a-k-a-ruby-ng-sono/

03/06/2024

Pursuant to its constitutional power to order a change of venue to avoid a miscarriage of justice, the Supreme Court’s Second Division yesterday granted the request of Department of Justice Secretary Jesus Crispin C. Remulla to move the venue of two criminal cases against Apollo C. Quiboloy from the Regional Trial Court (RTC), Davao City to the RTC, Quezon City.

READ: https://sc.judiciary.gov.ph/sc-orders-transfer-of-venue-of-quiboloy-criminal-cases-from-davao-city-to-quezon-city/

03/06/2024

Affected provisions of Rule 112 (Preliminary Investigation) of the 2000 Revised Rules on Criminal Procedure will be deemed repealed once the 2024 Department of Justice-National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings are promulgated by the DOJ.

Read more at: https://sc.judiciary.gov.ph/sc-to-repeal-provisions-of-rule-112-of-the-revised-rules-on-criminal-procedure/

03/06/2024

The Supreme Court has issued the Rules for the Disposal of Unserviceable Properties of the Judiciary as part of its judiciary-wide modernization program of court processes and operations.

Read the full text of A.M. No. 23-06-14-SC: https://sc.judiciary.gov.ph/23-06-14-sc-the-rules-for-the-disposal-of-unserviceable-properties-of-the-judiciary/

03/06/2024

The Supreme Court has invalidated a regulation from the Bureau of Internal Revenue that requires self-employed professionals to submit their rates and register appointment books to monitor their tax compliance.

Read more at: https://sc.judiciary.gov.ph/sc-requiring-professionals-to-submit-appointment-books-to-monitor-tax-compliance-violates-right-to-privacy/