JOURNAL - LANDMARK CASES AND CASES FROM 2010 ONWARDS DOCTRINES AND LESSONS

Deipairne v. Court of Appeals, G.R. No. 96643, 23 April 1993 Article 1725
contemplates a voluntary withdrawal by the owner without fault on the part of the
contractor, who is therefore entitled to indemnity, and even damages, for the work he
has already commenced.
Deipairne v. Court of Appeals, G.R. No. 96643, 23 April 1993 The difference
between the two kinds of rescission in the Civil Code, to wit: that in Art. 1191 and
that in Art. 1385. Article 1191, unlike Article 1385, is not predicated on economic
prejudice to one of the parties but on breach of faith by one of them that violates the
reciprocity between them. The violation of reciprocity between Deiparine and the
Carungay spouses, to wit, the breach caused by Deiparine's failure to follow the
stipulated plans and specifications, has given the Carungay spouses the right to
rescind or cancel the contract.
Larranaga v. Court of Appeals, G.R. No. 130644, 13 March 1998 (not 27 October
1997) The filing of charges and the issuance of the warrant of arrest against a
person invalidly detained will cure the defect of that detention or at least deny him
the right to be released because of such defect.
People v. Magbanua, G.R. No. 133004, 20 May 2004 With regard to the
variances in the testimonies, it bears stressing that minor inconsistencies enhance
the credibility of the witnesses, for these remove any suspicion that their testimonies
were contrived or rehearsed... Persons who witness an event may perceive it from
different points of reference, hence they may have different accounts of how the
incident took place. What is important is that their testimonies reinforce each other
on the essential facts and that their versions corroborate and substantially coincide
with each other to make a consistent and coherent whole.
People v. Magbanua, G.R. No. 133004, 20 May 2004 As regards the alleged
discrepancies of the witnesses testimonies with their affidavits, suffice it to say that
oral testimony commands greater weight than a mere affidavit. For, oftentimes,
affidavits taken ex parte do not reflect precisely what the declarant wants to impart,
as they are usually prepared by other persons who use their own language in writing
the statements.
People v. Cabalquinto, G.R. No. 167693, Formerly G.R. Nos. 147678-87, 19
September 2006, (Confidentiality in VAWC and Child Abuse cases) In view of
recent enactments which unequivocally express the intention to maintain the
confidentiality of information in cases involving violence against women and their
children, in this case and henceforth, the Court shall withhold the real name of the
victim-survivor and shall use fictitious initials instead to represent her. Likewise, the

personal circumstances of the victims-survivors or any other information tending to

establish or compromise their identities, as well those of their immediate family or
household members, shall not be disclosed
People v. Bagos, G.R. No. 177152, 6 January 2010, citing People v. Suarez, G.R.
No. 153573, 15 April 2005 When a rape victim's account is straightforward and
candid, and is corroborated by the medical findings of the examining physician, the
same is sufficient to support a conviction for rape. Where a rape victim's testimony
is corroborated by the physical findings of penetration, there is sufficient basis for
concluding that sexual intercourse did take place.
People v. Bagos, G.R. No. 177152, 6 January 2010, citing People v. Ranido, G.R.
Nos. 116450-51, 31 March 1998 The crime of rape is essentially one committed in
secrecy, hence it is usually only the victim who can testify with regard to the fact of
forced coitus. As a result, conviction may be based solely on the plausible testimony
of the private complainant.
The President of the Church of Jesus Christ of Latter Day Saints v. BTL
Construction Corp., G.R. No. 176439, 15 January 2014, citing H.L. Carlos
Construction, Inc. v. Marina Properties Corp., 466 Phil. 182 (2004) In the
construction industry, the 10% retention money is a portion of the contract price
automatically deducted from the contractors billings, as security for the execution of
corrective work if any becomes necessary.
The President of the Church of Jesus Christ of Latter Day Saints v. BTL
Construction Corp., G.R. No. 176439, 15 January 2014 Based on Art. 1724 of
the Civil Code, added costs in contracts for a stipulated price can only be allowed
upon the: (a) written authority from the developer or project owner ordering or
allowing the written changes in work; and (b) written agreement of parties with
regard to the increase in price or cost due to the change in work or design
modification. Compliance with these two (2) requisites is a condition precedent for
recovery, and the absence of one or the other condition bars the claim of additional
costs.
The President of the Church of Jesus Christ of Latter Day Saints v. BTL
Construction Corp., G.R. No. 176439, 15 January 2014 In cases with
counterclaims, when neither party was shown to have acted in bad faith in pursuing
their respective claims against each other, as when the parties original claims were
found to be partially meritorious, attorneys fees cannot be recovered, pursuant to
Art. 2208 of the Civil Code.

THESE CASES SHOULD BE TRANSFERRED TO A LEDGER OF CASES ORGANIZED PER BAR SUBJECT