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Showing posts with the label PRINCIPLE OF ABUSE OF RIGHTS

ALFONSO T. YUCHENGCO vs. THE MANILA CHRONICLE PUBLISHING CORPORATION | G.R. No. 184315 | November 25, 2009

ALFONSO T. YUCHENGCO vs. THE MANILA CHRONICLE PUBLISHING CORPORATION G.R. No. 184315, November 25, 2009  Facts In his Complaint, plaintiff Alfonso T. Yuchengco alleges that in the last quarter of 1994, Chronicle Publishing Corporation ("Chronicle Publishing" for brevity) published in the Manila Chronicle a series of defamatory articles against him. In two of the subject articles (November 10 and 12, 1993 issues), he was imputed to be a "Marcos crony" or a "Marcos-Romualdez crony," which term according to him is commonly used and understood in Philippine media to describe an individual who was a recipient of special and underserving favors from former President Ferdinand E. Marcos and/or his brother-in-law Benjamin "Kokoy" Romualdez due to special and extraordinary closeness to either or both, and which favors allowed an individual to engage in illegal and dishonorable business activities.  The subject articles insinuated that he pe...

TITUS B. VILLANUEVA vs. EMMA M. ROSQUETA | G.R. No. 180764 | January 19, 2010

TITUS B. VILLANUEVA vs. EMMA M. ROSQUETA G.R. No. 180764, January 19, 2010  Facts Respondent Emma M. Rosqueta (Rosqueta), formerly Deputy Commissioner of the Revenue Collection and Monitoring Group of the Bureau of Customs (the Bureau), tendered her courtesy resignation from that post on January 23, 2001, shortly after President Gloria MacapagalArroyo assumed office. But five months later on June 5, 2001, she withdrew her resignation, claiming that she enjoyed security of tenure and that she had resigned against her will on orders of her superior.   Meantime, on July 13, 2001 President Arroyo appointed Gil Valera (Valera) to respondent Rosqueta‘s position. Challenging such appointment, Rosqueta filed a petition for prohibition, quo warranto, and injunction against petitioner Titus B. Villanueva (Villanueva), then Commissioner of Customs, the Secretary of Finance, and Valera with the Regional Trial Court. Petitioner Villanueva, Valera, and the Secretary of F...

GO vs. CORDERO | G.R. No. 164703 | May 4, 2010

GO vs. CORDERO G.R. No. 164703, May 4, 2010  Facts Sometime in 1996, Mortimer F. Cordero, Vice-President of Pamana Marketing Corporation (Pamana), ventured into the business of marketing inter-island passenger vessels.  After contacting various overseas fast ferry manufacturers from all over the world, he came to meet Tony Robinson, an Australian national based in Brisbane, Australia, who is the Managing Director of Aluminium Fast Ferries Australia (AFFA).   After negotiations with Felipe Landicho and Vincent Tecson, lawyers of Allan C. Go who is the owner/operator of ACG Express Liner of Cebu City, a single proprietorship; Cordero was able to close a deal for the purchase of two (2) SEACAT 25 as evidenced by the Memorandum of Agreement dated August 7, 1997. Accordingly, the parties executed Shipbuilding Contract No. 7825 for one (1) high-speed catamaran (SEACAT 25) for the price of US$1,465,512.00.  Per agreement between Robinson and Cordero, the...

GF EQUITY, INC. vs. VALENZONA | G.R. No. 156841 | June 30, 2005

GF EQUITY, INC. vs. VALENZONA G.R. No. 156841, June 30, 2005  Facts GF Equity, represented by its Chief Financial Officer, W. Steven Uytengsu, hired Valenzona as head coach of the Alaska basketball team in the PBA under a contract of employment.  He was tasked to coach at all practices and games scheduled for the Alaska team, coach exhibition games, coach if invited to participate in any all-star game, attending every event conducted, play-off games, etc.  He was also tasked to comply with all requirements respecting to the conduct of its team and players, to implement. He also agreed to report from time to time as fixed by the corporation in good physical condition, give his best services, loyalty, to be neatly and fully attired in public and to conduct himself on and off the court according to the highest standards of honesty, morality, fair play and sportsmanship, and not to do anything detrimental to the best interest of the corporation.  He al...

UNIVERSITY OF THE EAST vs. ROMEO A. JADER | G.R. No. 132344 | February 17, 2000

UNIVERSITY OF THE EAST vs. ROMEO A. JADER G.R. No. 132344, February 17, 2000  Facts Romeo Jader graduated at UE College of law from 1984-19988.  During his last year, 1st semester, he failed to take the regular final examination in Practical Court 1where he was given an incomplete grade remarks. He filed an application for removal of the incomplete grade given by Prof. Carlos Ortega on February 1, 1988 which was approved by Dean Celedonio Tiongson after the payment of required fees.  He took the exam on March 28, 1988 and on May 30, 1988 the professor gave him a grade of 5.The commencement exercise of UE College of law was held April 16, 1988, 3PM.  In the invitation, his name appeared.  In preparation for the bar exam, he took a leave of absence from work from April 20- Sept 30, 1988.  He had his pre-bar class review in FEU.  Upon learning of such deficiency, he dropped his review classes and was not able to take the bar exam. Jader sued UE...