SUPREME COURT DECISIONS

google search for chanrobles.comSearch for www.chanrobles.com

Endnotes:


1 Rollo, pp. 59-68.

2 Fourteenth Division composed of J. Conrado Vasquez Jr. (ponente), with JJ. Jorge S. Imperial (chairman) and Pacita Caizares-Nye (member) concurring.

3 Rollo, pp. 59-60.

4 Rollo, p. 70.

5 Assailed Decision, p. 4; Rollo, p. 59.

6 Rollo, pp. 63-65.

7 Ibid., p. 78.

8 Ibid., p. 61.

9 Assailed Decision, p. 8; Rollo, p. 66.

10 Ibid., pp. 10 & 68.

11 This case was deemed submitted for resolution on December 21, 1998, upon receipt by this Court of Private Respondent Carrascosos Memorandum. The memos of the other parties had been received earlier.

12 Petitioners Memorandum, p. 10.

13 10, Chap. 3, Title III, Book IV of EO 292. Administrative Order No. 130 dated May 19, 1994, further provides:

Section 1. All legal matters pertaining to government-owned or controlled corporations, their subsidiaries, other corporate offsprings and government acquired asset corporations (hereinafter collectively referred to as GOCCs) shall be exclusively referred to and handled by the Office of the Government Corporate Counsel xxx.

See also Confederation of Unions in Government Corporations and Offices v. Subido, 32 SCRA 394, April 30, 1970.

14 RA 1169, as amended.

15 Cf. Alinsug v. RTC Br. 8, San Carlos City, 225 SCRA 553, August 23, 1993, in which the Court enumerated incidents when a government official may secure the services of a private counsel.

16 See People v. Manambit, 271 SCRA 344, April 18, 1997; Farolan v. Court of Appeals, 241 SCRA 176, February 7, 1995; Labitad v. Court of Appeals, 246 SCRA 434, July 17, 1995.

17 Paraaque Kings Enterprises, Inc. v. Court of Appeals, 268 SCRA 727, 738, February 26, 1997.

18 Dela Rosa v. Court of Appeals, 280 SCRA 444, 455, October 10, 1997.

19 22, Rule 138, Rules of Court.

20 22 & 26, ibid. Bernardo v. Court of Appeals, 275 SCRA 413, July 14, 1997; Nacuray v. NLRC, 270 SCRA 9, March 18, 1997.

21 Solid Homes, Inc. v. Court of Appeals, 275 SCRA 267, July 8, 1997; Garrido v. Court of Appeals, 236 SCRA 450, September 14, 1994.

22 Bella v. Court of Appeals, 279 SCRA 497, September 26, 1997.

23 Assailed Decision, p. 3; Rollo, p. 61.

24 See Manifestations dated February 4 and May 25, 1992; Rollo, pp. 76 & 80.

2525 Rollo, p. 71.

26 Ibid., p. 78.

27 Mendoza v. Court of Appeals, 274 SCRA 527, June 20, 1997.

28 Commissioner of Internal Revenue v. Court of Appeals, 267 SCRA 557, February 6, 1997; Ford Philippines, Inc. v. Court of Appeals, 267 SCRA 320, February 3, 1997.

29 Assailed Decision, pp. 7-9; Rollo, pp. 65-67.

30 Letter of the PCSO chairman to the PCGG dated June 10, 1986; records, p. 26.

31 Reply of the PCGG dated June 13, 1986; records, p. 28.

32 38 (1), Chap. 9, Book I, Administrative Code of 1987. Suarez v. Commission on Audit, GR No. 131077, August 7, 1998; Yulo v. Civil Service Commission, 219 SCRA 470, March 3, 1993; Orocio v. Commission on Audit, 213 SCRA 109, August 31, 1992; Chavez v. Sandiganbayan, 193 SCRA 282, January 24, 1991; Ynot v. IAC, 148 SCRA 659, March 20, 1987.

33 Article 2208 of the Civil Code allows the recovery of attorneys fees and expenses of litigation only in the following instances:

(1) When exemplary damages are awarded;

(2) When the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;

(3) In criminal cases of malicious prosecution against the plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;

(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly valid, just and demandable claim;

(6) In actions for legal support;

(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;

(8) In actions for indemnity under workmens compensation and employers liability laws;

(9) In a separate civil action to recover civil liability arising from a crime;

(10) When at least double judicial costs are awarded;

(11) In any other case where the court deems it just and equitable xxx.

34 160 SCRA 590, 601, April 15, 1988; per Yap, J.

35 Ibid., quoting Joseph Charmont, French Legal Philosophy, 1921 ed., pp. 72-73.

36 Arturo M. Tolentino, Civil Code of the Philippines. Commentaries and Jurisprudence, Vol. I, 1990 ed., pp. 129-130. See also Jose C. Vitug, Compendium of Civil Law and Jurisprudence, 1993 ed., p. 22.

37 Lim v. Ponce de Leon, 66 SCRA 299, 309, August 29, 1975; citing Dean Jorge Bocobo, chairman of the Code Commission, The Lawyers Journal, Vol. XVI, No. 5, p. 258 (May 31, 1951). See also Better Buildings, Inc. v. NLRC, 283 SCRA 242, December 15, 1997.

38 BASECO v. PCGG, 150 SCRA 181, 215-216, May 27, 1987.

39 Areola v. Court of Appeals, 236 SCRA 643, 654, September 22, 1994; Citytrust Banking Corporation v. IAC, 232 SCRA 559, 565, May 27, 1994; Sumalpong v. Court of Appeals, 268 SCRA 764, 775, February 26, 1997; Better Buildings v. NLRC, supra.

40 Art. 2222, Civil Code.

41 Art. 2216, ibid.41




chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman