Inconsistency in Testimony

The RTC and the Court of Appeals brushed aside the alleged inconsistencies in the testimonies of Maria Liza and Pedro, these being relatively trivial and insignificant, neither pertaining to the act constitutive of the crime committed nor to the identity of the assailant.  (People of the Philippines Vs. Vicente Vilbar @ "Dikit",  G.R. No. 186541. February 1, 2012).

Injunction

Similarly, in the instant case, while the assailed resolutions of the NEA Board may have long been implemented, such acts of the NEA Board may well be repeated by other government agencies in the reorganization of their offices. Petitioners have not lost their remedy of injunction (United Claimant Association of NEA (Unican) etc., et al. Vs. National Electrification Administration (NEA), et al., G.R. No. 187107. January 31, 2012).

Notice of Hearing

Elementary is the rule that every motion must contain the mandatory requirements of notice and hearing and that there must be proof of service thereof. The Court has consistently held that a motion that fails to comply with the above requirements is considered a worthless piece of paper which should not be acted upon.  The rule, however, is not absolute. There are motions that can be acted upon by the court ex parte if these would not cause prejudice to the other party. They are not strictly covered by the rigid requirement of the rules on notice and hearing of motions.

The motion for execution of the Spouses Co is such kind of motion. It cannot be denied that the judgment sought to be executed in this case had already become final and executory. As such, the Spouses Co have every right to the issuance of a writ of execution and the RTC has the ministerial duty to enforce the same. 

As can be gleaned therefrom, under Paragraph 1 of Section 1 of Rule 39 of the 1997 Revised Rules of Civil Procedure, the Spouses Co can have their motion for execution executed as a matter of right without the needed notice and hearing requirement to petitioner. This is in contrast to the provision of Paragraph 2 of Section 1 and Section 2 where there must be notice to the adverse party (Douglas F. Anama Vs. Court of Appeals, Philippine Savings Bank, Spouses Saturnina Baria & Tomas Co and the Register of Deeds, Metro Manila, District II,
G.R. No. 187021. January 25, 2012).

Allegation of Elements of Crime in Information

Thus, while it is necessary to allege the essential elements of the crime in the information, the failure to do so is not an irremediable vice. When the complaint or the resolution by the public prosecutor which contain the missing averments is attached to the information and form part of the records, the defect in the latter is effectively cured, and the accused cannot successfully invoke the defense that his right to be informed is violated (Olivarez v. Court of Appeals, G.R. No. 163866, July 25, 2005).

Presumption of Forgery

We are not unaware of the established presumption and rule that when it is proved that a person has in his possession a falsified document and makes use of the same the presumption or inference is that such person is the forger (Serrano vs. Court of Appeals, 404 SCRA 639, 651 [2003]), citing Koh Tieck Heng vs. People, 192 SCRA 533, 546-547 [1990]). Yet, the Supreme Court declared that in the absence of satisfactory explanation, one who is found in possession of a forged document and who used it is presumed to be the forger (citing People vs. Sendaydiego, 81 SCRA 120, 141 [1978]). Very clearly then, a satisfactory explanation could render ineffective the presumption which, after all, is merely a disputable one (Metropolitan Bank and Trust Co. (Metrobank), represeted by Rosella A. santiago Vs. Antonio O. Tobias III, G.R. No. 177780. January 25, 2012).

Interlocutory Order of COMELEC Division

Under the exception, therefore, the Court may take cognizance of a petition for certiorari under Rule 64 to review an interlocutory order issued by a Division of the COMELEC on the ground of the issuance being made without jurisdiction or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction when it does not appear to be specifically provided under the COMELEC Rules of Procedure that the matter is one that the COMELEC en banc may sit and consider, or a Division is not authorized to act, or the members of the Division unanimously vote to refer to the COMELEC en banc. Of necessity, the aggrieved party can directly resort to the Court because the COMELEC en banc is not the proper forum in which the matter concerning the assailed interlocutory order can be reviewed (Douglas R. Cagas Vs. the Commission on Elections & Claude P. Bautista, G.R. No. 194139. January 24, 2012).

Piercing Doctrine

For the piercing doctrine to apply, it is of no consequence if Sceptre is a sole proprietorship. As ruled in Prince Transport, Inc., et al. v. Garcia, et al., it is the act of hiding behind the separate and distinct personalities of juridical entities to perpetuate fraud, commit illegal acts, evade one’s obligations that the equitable piercing doctrine was formulated to address and prevent (Timoteo H. Sarona Vs. National Labor Relations Commission, Roayle Security Agency, et al., G.R. No. 185280. January 18, 2012).