The Bold Stoica Lawyer

JUAN PONCE ENRILE, Petitioner, vs. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES, Respondents (Enrile v. Sandiganbayan) Court Name: Supreme Court EN BANC Date of the Decision: August 18, 2015 General Register Number (G.R.No.):  2138547 Ponente: Bersamin, J. STATEMENT OF FACTS: In 2014, the Office of the Ombudsman charged Enrile with plunder in the Sandiganbayan for their purported involvement in the diversion and misuse of appropriations under the Priority Development Assistance Fund (PDAF). Enrile respectively filed his Omnibus Motion and Supplemental Opposition, praying, among others, that he be allowed to post bail should probable cause be found against him. The Sandiganbayan ordered his Arrest. Enrile voluntarily surrendered but was later on confined at the Philippine National Police General Hospital and  classified Enrile as a geriatric patient who was found during the medical examinations conducted at the UP-PGH to ...

Borromeo vs. Family Care Hospital and Dr. Inso G. R. 191018 Jan. 25, 2016 Facts: Borromeo brought his wife to the family care hospital because of acute pain at the lower stomach area and fever for 2 days, he was admitted in said hospital and placed under the care of Dr. Inso.  Dr. Inso conducted the surgery and by then he confirmed his hypothesis that Lillian has an acute appendicitis.  The operation was successfully done however after 16 hours, Lilian was returned to her room where she starts to become restless and dropped her blood pressure, she was not even responded to blood transfusion hence the tube connected to oxygen tank was inserted by dr. Inso into Lilian and order her to put into in an Intensive care unit. Though being a secondary hospital, it does not. Have. An ICU, dr. Inso arranged with other hospital with ICU and transfer there Lilian. Unfortunately, Lilian passed away there despite of trying to resuscitate her. In his autopsy report, Dr. Reyes con...

Listen as your day unfolds Challenge what the future holds Try and keep your head up to the sky Lovers, they may cause you tears Go ahead, release your fears Stand up and be counted, don't be ashamed to cry You gotta be.... You gotta be bad You gotta be bold You gotta be wiser You gotta be hard You gotta be tough You gotta be stronger You gotta be cool You gotta be calm You gotta stay together All I know, all I know, love will save the day Herald what your mother said Reading the books your father read Try to solve the puzzles in your own sweet time Same may have more cash than you Others take a different view My oh my hey.... You gotta be bad You gotta be bold You gotta be wiser You gotta be hard You gotta be tough You gotta be stronger You gotta be cool You gotta be calm You gotta stay together All I know, all I know, love will save the day Time asks no questions, it goes on without you Leaving you behind if you can't stand the pace...

I. Contract of Insurance 1) PHILIPPINE HEALTH CARE PROVIDERS, INC. VS. COMMISSIONER OF INTERNAL REVENUE Health care agreement is in the nature of insurance contract therefore is subject to Documentary Stamp Tax Philippine Health Care Providers, Inc., petitioner, vs. Commissioner of Internal Revenue, respondent G.R.No. 167330. June 2008 FACTS: Petitioner is a domestic corporation whose primary purpose is to establish, maintain, conduct and operate a prepaid group practice health care delivery system or a health care maintenance organization to take care of the sick and disabled persons enrolled in the health care plan and to provide for the administrative, legal, and financial responsibilities of the organization. Individuals enrolled in its health care programs pay an annual membership fee and are entitled to various preventive, diagnostic and curative medical services provided by its duly license physicians, specialists and other professional technical staff particip...

Taking down your neighbor won't take you any higher I burned my own damn finger pokin' someone else's fire I've never gotten taller makin' someone else feel small if you ain't got nothing nice to say don't say nothin' at all Just hoe your own row and raise your own babies smoke your own smoke and grow your own daisies mend your own fences and own your own crazy (mind your own biscuits and life will be gravy) 2x ....instrument..... Nobody's perfect people we've all lost and we've all lie most of us cheated the rest of us have tried the holiest of holies even slip from time to time we've all go dirty laundry hangin' on the line so... hoe your own row raise your own babies smoke your own smoke and grow your own daises mend your own fences and own your own crazy (mind your own biscuits and life will be gravy) 2x Pourin' salt in my sugar won't make yours any sweeter pissin' in my yard ain...

8)  DEVELOPMENT BANK OF RIZAL VS. SIMA WEI Development Bank of Rizal, plaintiff-petitioner, vs. Sima Wei and /oor Lee Kian Huat, Mary Cheng Uy, Samson Tung, Asian Industrial Plastic Corporation and Producers Bank of the Philippines G.R. No. 85419. March 9, 1993 FACTS: Petition for review by certiorari of the decision of the Court of Appeals. In consideration for a loan extended by petitioner Bank to respondent Sima Wei the latter executed and delivered to the former a promissory note, engaging to pay the petitioner Bank or order the amount of P 1,820,000.00 on or before June 24, 1983 with the interest at 32% per annum. Sima Wei made a partial payment on the note, leaving a balance of P 1032,450.02. November 18, 1983, Sima Wei issued 2 crossed checks payable to petitioner Bank drawn against China Banking Corporation, one for the amount of P 550,000.00 and the other for 500,000.00. The said checks were allegedly issued in full settlement of the drawer’s account evidenced ...

7) GONZALES VS. CA Quirino Gonzales Logging Concessionaire, Spouses Quirino Gonzales and Eufema Gonzales, petitioners, vs. The Court of Appeals and Republic Planters Bank, respondents.   G.R.NO. 126568. April 30, 2003 FACTS: In the expansion of its logging business, petitioner QGLC through its general manager Quirino Gonzales, applied for credit accommodations with respondent Republic Bank, later as Republic Planters Bank. The Bank approved QGLC’s application on December 1962, granting credit line of P900,000.00 broken into overdraft line of P500,000.00 which was later reduced to P 450,000.00 and a letter of Credit (LC) line of P 400,000.00. Pursuant to the grant, spouses Gonzales executed 10 documents: 2 denominated “Agreement for Credit in Current Account 4 denominated “Application and Agreement for Commercial Letter of Credit”, and 4 denominated “Trust Receipt” Petitioners’ obligations under the credit line were secured by a real estate mortgage on 4 ...

6) ANG TEK LIAN VS. C.A A check drawn payable to the order of "cash" is a check payable to bearer, and the bank may pay it to the person presenting it for payment without the drawer's endorsement, Ang Tek Lian, petitioner vs. Court of Appeal, respondent  87 Phil 383. September 25, 1950 FACTS:  For having issued a rubber check, Ang Tek Lian was convicted of estafa, in the Court of First Instance of Manila. CA affirmed the verdict of CFI. It appears that knowing he had no funds therefore, Ang Tek Lian on Nov. 16, 1946, drew the check upon the China Banking Corporation for the sum of P4000.00 payable to the order of Cash. He delivered it to Lee Hua Hong in exchange for money which the latter handed in the act, alleging that he needed badly the sum of P4000.00 represented by the check but could not withdraw it from the bank, it being then already closed. On Nov. 18, 1946, the next business day, the check was presented by Lee Hua Hong to the drawee bank for pay...

5)  PNB VS. MANILA OIL Invalid stipulations will not affect the negotiability of the instrument with all the requisites present under Section 1 of NIL.  Philippine National Bank, plaintiff-appellee vs. Manila Oil Refining and By-Products Company Inc., defendant-appellant G.R. No. 18103. June 8, 1922 Facts:  Appeal from the judgment of the Court of First Instance of Manila. The manager and the treasurer of Manila Oil Refining executed and delivered to the Philippine National Bank, a written instrument with authorization on its face that in case the note be not paid at maturity, it authorizes any attorney in the PNB to appear in the name of the respondent and confess judgment for the above sum (61,000.00) with interest, a release of all errors and waiver of all rights to inquisition and appeal and to the benefit of all laws exempting property, real or persona), from levy for sale. (commission of judgment is commonly known as judgment note) Manila Oil Com...

BPI FAMILY SAVINGS BANK. VS. MANIKAN Manager's and Cashier's Checks are regarded as substantially to be as good as the money it represents. But allowing the delivery to a person not directly charged with the collection, the drawer assumed the risks of its misapplication. BPI Family Savings Bank, Inc. and Bayaborda, petitioner vs. Romeo Manikan, respondent. G.R. No. 148789. January 16, 2003 FACTS:  Petitioners seek a review of the decision of the CA which has affirmed the judgment of the RTC of Iloilo CIty, dismissing the complaint of petitioners for mandamus and ordering them to pay respondent the sum of P30,000.00 by way of attorney's fees.  Being the City Treasurer of Iloilo City, respondent assessed petitioner bank business taxes for the years 1992 and 1993. In 1994, the bank issued 2 manager's checks payable to the City Treasurer of IloIlo City, the first check for P462,270.60 was to cover the business tax for the year 1992 and the second check for 48...

      METRO BANK VS. CA Treasury Warrants are not Negotiable Instruments for being payable from a particular fund.  Metropolitan Bank and Trust Company, petitioner, vs. Court of Appeals, Golden Savings & Loan Association, and Castillo, respondents. G.R No. 88866. February 18, 1991 Facts: Golden Savings and Loan Association was, operating in Calapan, Mindoro, with other private respondents as its principal officers. In January 1979, Gomez opened an account with Golden Savings and deposited over a period of 2 months 38 treasury warrants with a total value of P1,755,228. 37. They were all drawn by the Philippine Fish Marketing Authority and purportedly signed by its General Manager and counter signed by its Auditor. 6 of these were directly payable to Gomez while others appeared to have been endorsed by their respective payees, followed by Gomez as second endorser. All these warrants were subsequently indorsed by Castillo as cashier of Golden Savings ...

2) CALTEX (PHILIPPINES) VS. COURT OF APPEALS G.R. NO. 97753. AUGUST 10, 1992 The Certificate of Time Deposit is Negotiable Instrument. But delivery thereof only as security for the purchases and without endorsement could constitute petitioner only as a holder for value by reason of his lien. CALTEX (PHILIPPINES), PETITIONER VS. CA AND SECURITY BANK AND TRUST COMPANY, RESPONDENTS FACTS: On various dates, defendant bank issued 280 certificates of time deposits (CTDs) in favor of Angel Dela Cruz who deposited with herein defendant the aggregate amount of P1,120,000.00. Angel delivered the saied CTDs to herein plaintiff Caltex in connection with his purchase of fuel products from the latter. Angel informed the Sucat Branch Manager of the defendant Bank and  on the basis of affidavit of loss, 280 replacement CTDs were issued in favor of said depositor Angel; after days, she negotiated and obtained a loan from defendant bank in the amount of ...