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  Technical malversation is not included, nor does it necessarily include the crime of malversation of public funds charged in the information. The 1987 Constitution mandates that the accused, in all criminal prosecutions, shall enjoy the right to be informed of the nature and cause of accusation against him. (Article III, Section 14 [21) From this fundamental precept proceeds the rule that the accused may be convicted only of the crime with which he is charged. An exception to this rule, albeit constitutionally permissible, is the rule on variance in Section 4, Rule 120 of the Rules on Criminal Procedure which provides: “Sec. 4.  Judgment in case of variance between allegation and proof. — When there is variance between the offense charged in the complaint or information, and that proved or established by the evidence, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved included in that wh...

RE: The determination of "just compensation" is a judicial function   The question raised in this petition is whether or not Presidential Decrees Numbered 76, 464, 794 and 1533 have repealed and superseded Sections 5 to 8 of Rule 67 of the Revised Rules of Court, such that in determining the just compensation of property in an expropriation case, the only basis should be its market value as declared by the owner or as determined by the assessor, whichever is lower. Stated in another way, is the exclusive and mandatory mode of determining just compensation in P.D. No. 1533 valid and constitutional? NOTE ⚠️ You can help our Pages/Website by clicking the Banner ads. below. Thanks for your continued support. | RE: Petitioner’s Argument | The petitioner maintains that the respondent judge acted in excess of his jurisdiction and with grave abuse of discretion in denying the petitioner's motion for reconsideration and in setting the commissioner's report for hearing because ...

  RE: In expropriation cases, the appointment of commissioners for the determination of just compensation for the property sought to be taken is a mandatory requirement | In Gingoyon, the government sought to expropriate only the improvements built on already government-owned land, and not a parcel of land. Particularly, it concerned the Ninoy Aquino International Airport International Passenger Terminal III (NAIA IPT III) facility built by Philippine International Air Terminals Co. Inc. (PIATCO) on government property. Since these properties were not land, they did not have a zonal valuation. Thus, its value was contested. 43 When the trial court in Gingoyon ordered the release of the amount of US$62.3 million to the property owners, the government objected, saying that the assessed value indicated in the complaint was only P3 Billion. It also insisted that Rule 67, and not Republic Act No. 8974, governed the proceedings. 44 In deciding the case, this Court noted th...

 NOTARIZED CONTRACT TO SELL  CIVIL LAW II | Q.NO 12 | Bar 2022 KNOW ALL MEN BY THESE PRESENTS:  This Contract to Sell is made and entered into this ______________ day of ______________, 20____, by and between:  LUZ, of legal age, Filipino citizen, and a resident of _____________________________ (hereinafter referred to as the " SELLER "); -AND- MINDA, of legal age, Filipino citizen, and a resident of _____________________________ (hereinafter referred to as the " BUYER ");  WITNESSETH THAT:  WHEREAS, the SELLER is the lawful and registered owner of a parcel of land with an area of 500 square meters located in San Miguel, Bulacan, covered by Transfer Certificate of Title No. R-248016 (hereinafter referred to as the "Property").  WHEREAS, the SELLER agrees to sell the Property to the BUYER for the total sum of Php 500,000.00 (Five Hundred Thousand Philippine Pesos) payable in ten (10) monthly installments, as detailed below:  1. The BUYER shall pay ...

  RE: The imposition of an unconscionable interest rate is void ab initio for being "contrary to morals, and the law." |  CIVIL LAW II | Q.NO.11 | BAR 2022 In the consolidated cases of Rivera v. Sps. Chua and Sps. Chua v. Rivera , the Court affirmed the finding of the CA that 5% per month or 60% per annum interest rate is highly iniquitous and unreasonable; and since the interest rate agreed upon is void, the rate of interest should be 12% [now 6%] per annum (12% - the then prevailing interest rate prescribed by the Central Bank of the Philippines for loans or forbearances of money) from the date of judicial or extrajudicial demand.  RE: No Default |  In a situation wherein null and void interest rates are imposed under a contract of loan, the non-payment of the principal loan obligation [does not] place the debtor in a stat of default, considering that under Article 1252 of the Civil Code , "if a debt produces interest, payment of the [principal] shall [not] be d...

  Do you really believe that corruption is the root cause of poverty?   Answer. NO. Corruption is just one as factor that contributed to poverty.  NOTE ⚠️ You can help our Pages/Website by clicking the Banner ads. below. Thanks for your continued support. | Incompetent elected officials and poor educational management can indeed hinder socio-economic progress and exacerbate poverty.  Ineffective governance and corruption can undermine the delivery of public services, including education, and impede the implementation of policies that could improve the overall welfare of the population. When resources meant for education are mismanaged or misappropriated, it can result in poor infrastructure, inadequate training for teachers, limited access to quality education, and a mismatch between the skills demanded by the job market and those possessed by the workforce.  Education is crucial for economic and social development, and a well-functioning education system is es...

  RE: Every Person Dealing with an Agent is Put Upon Inquiry, and Must Discover Upon His Peril the Authority of the Agent |  📸: | https://bit.ly/m/AttyEblogger It has been consistently held that a forged deed can become a source of a valid title when the buyers are in good faith.(1)  An innocent purchaser for value is one who buys the property of another without notice that some other person has a right to or interest in it, and who pays a full and fair price at the time of the purchase or before receiving any notice of another person’s claim. The burden of proving the status of a purchaser in good faith and for value lies upon one who asserts that status. This onus probandi cannot be discharged by mere invocation of the ordinary presumption of good faith.  As a [general rule], every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will no way oblige him to go beyond the certificate to de...

  RE: If the land purchased is in the possession of a person other than the vendor, the purchaser must be wary and must investigate the rights of the actual possessor. Without such inquiry, the purchaser cannot be said to be in good faith |  📸: | https://bit.ly/m/AttyEblogger NOTE ⚠️ You can help our Pages/Website by clicking the Banner ads. below. Thanks for your continued support. | A holder of registered title may invoke the status of a buyer for value in good faith as a defense against any action questioning his title.Ꮮαwρhi৷ Such status, however, is never presumed but must be proven by the person invoking it.  A [buyer for value in good faith] is one who buys property of another, without notice that some other person has a right to, or interest in, such property and pays full and fair price for the same, at the time of such purchase, or before he has notice of the claim or interest of some other persons in the property. He buys the property with the well-founded be...