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VIRTUCIO v. ALEGARBES, G.R. No. 187451, August 29, 2012

  FACTS  The story begins in 1949 when Jose Alegarbes applied for a homestead over a 24-hectare tract of land in Bañas, Lantawan, Basilan . His application was approved in 1952. But due to a public land subdivision conducted in 1955, the land was split into Lot Nos. 138, 139, and 140 . Lot 138 was retained by Alegarbes, while Lot 139 was allocated to Ulpiano Custodio and Lot 140 to Jesus Virtucio , both of whom filed their own homestead applications. Alegarbes, asserting that his approved application covered the entire area including Lots 139 and 140, opposed the applications of Custodio and Virtucio. But the Director of Lands, in a decision dated October 30, 1961 , denied Alegarbes' protest and amended his application to exclude Lots 139 and 140, giving due course to the applications of Custodio and Virtucio. Unrelenting, Alegarbes appealed to the Secretary of Agriculture and Natural Resources , who dismissed his appeal in 1967 . His persistence led him to the Office of ...

Choy v. Republic

  Facts: Petitioner-appellee Fong Choy , also known as Carlos Yee , filed a petition for naturalization. During the hearing, he admitted that he had previously paid a P25 fine for violating the Price Tag Law (R.A. No. 71), explaining that all items in his store were tagged, but the price tag of one article had fallen off and was missing when an inspector arrived. He stated he paid the fine "to avoid further discussion." Despite this admission and opposition from the Republic of the Philippines , the trial court (Judge Francisco Geronimo) granted the petition on March 24, 1965 , ruling that petitioner possessed all the qualifications and none of the disqualifications under the law. The Republic appealed , arguing that such a violation reflected conduct that was not proper and irreproachable , a necessary qualification under Section 2 of the Revised Naturalization Law (C.A. No. 473) . Issue: Whether the grant of naturalization can stand despite the petitioner’s admitte...

Frivaldo v. Commission on Elections

 PFR- WAIVER OF RIGHTS Case Digest: Frivaldo v. Commission on Elections G.R. No. 120295, June 28, 1996 Petitioner: Francisco H. Frivaldo Respondent: Commission on Elections (COMELEC) Facts: Francisco Frivaldo was elected Governor of Sorsogon in the May 11, 1992 elections. However, his election was challenged on the ground that he was not a Filipino citizen at the time of the election — a constitutional requirement for holding public office under Section 39 of the Local Government Code and Section 3, Article VI of the 1987 Constitution . Frivaldo was previously naturalized as a U.S. citizen, and although he had taken steps to reacquire Philippine citizenship — filing a petition for repatriation under P.D. No. 725 , which was granted by the Department of Justice on June 30, 1995 — this reacquisition came after the 1992 election and during his term. The COMELEC ruled that Frivaldo was ineligible to hold office due to lack of citizenship at the time of election , and procla...

Thomson v. Court of Appeals, 298 SCRA 280 (1998)

 PFR-WAIVER OF RIGHTS FACTS: Marsh Thomson (petitioner) was Executive Vice-President and later Management Consultant of the American Chamber of Commerce of the Philippines, Inc. (AmCham). In 1986, a proprietary share in the Manila Polo Club (MPC), initially owned by AmCham's retiring president A. Lewis Burridge, was transferred to Thomson. AmCham paid for the share but registered it in Thomson's name, requiring him to execute documents acknowledging the Chamber as the beneficial owner. Thomson never executed such document. Later, when Thomson’s employment ended in 1989, he proposed to retain the MPC share in exchange for reimbursing AmCham the purchase price (P110,000), but AmCham refused. AmCham then issued a general Release and Quitclaim in Thomson’s favor. In 1990, AmCham demanded the return of the MPC share, and upon Thomson's refusal, it filed an action for recovery. RTC RULING: The RTC ruled in favor of Thomson: Ownership of the MPC share was adjudged in favor of Thom...

Gatchalian v. Delim, 203 SCRA 126 (1991)

 Waiver of Rights Doctrine : A waiver of rights must be clear, unequivocal, and not contrary to law, morals, public policy, or good customs. A waiver made under distress, without full understanding, or while injured, is invalid. Facts : On July 11, 1973 , petitioner Reynalda Gatchalian , a paying passenger, boarded respondent’s Thames mini bus in San Eugenio, Aringay, La Union , bound for Bauang , La Union. While passing through Barrio Payocpoc , the bus emitted a "snapping sound," then veered off the highway, hit a cement flower pot, and fell into a ditch, causing injuries to several passengers, including Gatchalian. At Bethany Hospital , Gatchalian was found to have a lacerated wound on the forehead and abrasions on her left elbow, knee, and leg. On July 14, 1973 , while still confined, Mrs. Adela Delim , wife of respondent, visited the injured passengers, paid for their hospital bills, gave Gatchalian P12.00 for transportation, and had them sign a pre-prepared Joint...

I pray to the Lord

 I pray to the Lord that I may be able to finish my studies, I pray to the Lord that He help me with everything for me to finish what I started, to give me wisdom, patience, to give me what they called TYAGA, I pray Lord from the bottom of my heart if this is for me, help me become hardworking student, please make a way that I turned mt head from things that will not help me achive my goal, I pray that I may have words that I will visit whenever I am tired to remind me to keep going, to give me future hope that all of these efforts will have great result and impact to my life, I pray for the people who struggle in life from the wispers of my heart only the Lord knows it.  whenever I really don't want to study and quit, I pray that you delivered me from laziness, where in I am not quitting but I am wasting my time to the point that I frustrate myself that I wasted my time, I pray to the Lord that when I overcome it, may I be an inspiration to the people around me that I source ...

How long do we need to do it?

 Do we really need the acceptance and approval of other people if we ourselve not happy for what other people wants us? Why is it hard for us to act normal when it is embbed to a person to please other, who act in accordance with what should the other people might say, that we always thing of what they say to us, I am saying their opinion here, I am not saying the right or wrong, the immoral or moral, the what most of people perceive to be wrong or right.  I am saying the lawful act by a person, but most of people will critize you for it is not the way most people do I am saying that people will critize your way of living when it does fit to what many people perceived as a rightful thing to do to succeed.  So I am talking with how people should do to succeed in life,  The society thinks most of the people say that in order to succeed in life, you should work hard, learn and persevere, but how can I normal employee will succeed workinh 8 hrs with a very little salary ...