CASE DIGESTS

NATIONAL MARKETING CORPORATION VS. FEDERATION OF UNITED NAMARCO DISTRIBUTORS, INC. 49 SCRA 238 FACTS: On November 16, 1959, the NAMARCO and the FEDERATION entered into a Contract of Sale stipulating among others that Two Hundred Thousand Pesos (P200,000.00) be paid as part payment, and FEDERATION deposits with the NAMARCO upon signing of the items and/or merchandise a cash basis payment upon delivery of the duly indorsed negotiable shipping document covering the same. To insure payment of the goods by the FEDERATION, the NAMARCO accepted three domestic letters of credit which is an accepted draft and duly executed trust receipt approved by the Philippine National Bank. Upon arrival of the goods in Manila in January, 1960, the NAMARCO billed FEDERATION Statement of Account for P277,357.91, covering shipment of the 2,000 cartons of PK Chewing Gums, 1,000 cartons of Juicy Fruit Chewing Gums, and 500 cartons of Adams Chicklets; Statement of Account of P135,891.32, covering shipment of the ...

G.R. No. L-64261 December 26, 1984 JOSE BURGOS, SR vs. THE CHIEF OF STAFF- AFP, ET AL Facts: Assailed in this petition for certiorari prohibition and mandamus with preliminary mandatory and prohibitory injunction is the validity of two [2] search warrants issued on December 7, 1982 by Judge Ernani Cruz-Pano of the then CFI of Rizal [Quezon City], under which the premises of the "Metropolitan Mail" and "We Forum" newspapers, respectively, were searched, and office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of petitioner Jose Burgos, Jr. publisher-editor of the "We Forum" newspaper, were seized. Petitioners further pray that a writ of preliminary mandatory and prohibitory injunction be issued for the return of the seized article...

Abdulla vs People Convicted by the Sandiganbayan of the crime of illegal use of public funds, appellant Abdulla is before the Court on petition for review under Rule 45. Appellant’s co-accused, Aguil and Darkis, were both acquitted. Only appellant was found guilty and sentenced by the Sandiganbayan. Upon motion for reconsideration, the Sandiganbayan amended appellant’s sentence by deleting the temporary special disqualification imposed upon her. Still dissatisfied, appellant, now before this Court, persistently pleas innocence of the crime charged. Issue: Is there a presumption of criminal intent in malversation cases? Ruling: No. The presumption of criminal intent will not automatically apply to all charges of technical malversation because disbursement of public funds for public use is per se not an unlawful act. Here, appellant cannot be said to have committed an unlawful act when she paid the obligation of the Sulu State College to its employees in the form of terminal leave ben...

Agustin vs. CA Facts: In their complaint, respondents alleged that Arnel courted Fe in 1992, after which they entered into an intimate relationship. Arnel supposedly impregnated Fe on her 34th birthday on November 10, 1999. Despite Arnel’s insistence on abortion, Fe decided otherwise and gave birth to their child out of wedlock, Martin, on August 11, 2000 at the Capitol Medical Hospital in Quezon City. The baby’s birth certificate was purportedly signed by Arnel as the father. Arnel shouldered the pre-natal and hospital expenses but later refused Fe’s repeated requests for Martin’s support despite his adequate financial capacity and even suggested to have the child committed for adoption. Arnel also denied having fathered the child. On January 19, 2001, while Fe was carrying five-month old Martin at the Capitol Hills Golf and Country Club parking lot, Arnel sped off in his van, with the open car door hitting Fe’s leg. This incident was reported to the police. In July 2001, Fe was dia...