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    People of The Philippines Vs Norberto Mandagdag y Perez GR No. 228783 October 9, 2019 Facts

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    Norberto Mandagdag y Perez was convicted of raping a 17-year-old minor. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that rape with a deadly weapon is qualified as reclusion perpetua to death. As no aggravating or mitigating circumstances were present, the penalty of reclusion perpetua was correctly imposed. In another case, the Villalongha siblings filed a complaint to annul the sale and transfer of land titles. The trial court dismissed the complaint and found their mother as sole owner. The Court of Appeals affirmed with modification. The Supreme Court ruled that the plaintiffs were not properly served notice of the decision as required by law, so the period to file

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    People of The Philippines Vs Norberto Mandagdag y Perez GR No. 228783 October 9, 2019 Facts

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    Norberto Mandagdag y Perez was convicted of raping a 17-year-old minor. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that rape with a deadly weapon is qualified as reclusion perpetua to death. As no aggravating or mitigating circumstances were present, the penalty of reclusion perpetua was correctly imposed. In another case, the Villalongha siblings filed a complaint to annul the sale and transfer of land titles. The trial court dismissed the complaint and found their mother as sole owner. The Court of Appeals affirmed with modification. The Supreme Court ruled that the plaintiffs were not properly served notice of the decision as required by law, so the period to file

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    Norberto Mandagdag y Perez was convicted of raping a 17-year-old minor. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that rape with a deadly weapon is qualified as reclusion perpetua to death. As no aggravating or mitigating circumstances were present, the penalty of reclusion perpetua was correctly imposed. In another case, the Villalongha siblings filed a complaint to annul the sale and transfer of land titles. The trial court dismissed the complaint and found their mother as sole owner. The Court of Appeals affirmed with modification. The Supreme Court ruled that the plaintiffs were not properly served notice of the decision as required by law, so the period to file

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    85 views2 pages

    People of The Philippines Vs Norberto Mandagdag y Perez GR No. 228783 October 9, 2019 Facts

    Uploaded by

    wcpd pro2
    Norberto Mandagdag y Perez was convicted of raping a 17-year-old minor. The Court of Appeals affirmed the conviction. The Supreme Court also affirmed, finding that rape with a deadly weapon is qualified as reclusion perpetua to death. As no aggravating or mitigating circumstances were present, the penalty of reclusion perpetua was correctly imposed. In another case, the Villalongha siblings filed a complaint to annul the sale and transfer of land titles. The trial court dismissed the complaint and found their mother as sole owner. The Court of Appeals affirmed with modification. The Supreme Court ruled that the plaintiffs were not properly served notice of the decision as required by law, so the period to file

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    People of the Philippines vs Norberto Mandagdag y Perez

    GR No. 228783
    October 9, 2019

    Facts:
    Norberto Mandagdag y Perez was charged with rape against a seventeen (17) year old minor
    which occurred at about 6:30 PM of August 2, 2001 in Batangas. The RTC-Br 87 of Batangas
    rendered a verdict of conviction which was affirmed by the CA with modifications on monetary
    awards.

    Issue:
    W/N the CA erred in affirming appellant’s conviction for rape?

    Held:
    The appeal is devoid of merit. The CA did not err when it affirmed the trial court’s verdict of
    conviction for rape against appellant. When committed with the use of a deadly weapon, as in
    this case, rape is qualified and the penalty shall be reclusion perpetua to death, as provided
    under article 266-B of the RPC. Considering that no aggravating or mitigating circumstance
    attended the commission of the crime, the trial court and the CA correctly imposed reclusion
    perpetua Pursuant to A.M. 15-08-02-SC, however, the phrase “without eligibility for parole”
    need not be borne in the decision to qualify the penalty imposed. Thus, the appellant Norberto
    Mandagdag y Perez is found GUILTY of Rape. He is sentenced to reclusion perpetua and
    ordered to Pay: (1)Php 75, 000.00 as civil indemnity; (2)Php 75, 000.00 as moral damages; and
    (3)Php 75, 000.00 as exemplary damages.
    Virgilio P. Villalongha, Luzviminda P. Villalongha, and Virgincita P. Villalongha vs. Court of
    Appeals
    GR No. 227222
    August 20, 2019

    Facts:
    The siblings Virgilio, Luzviminda, Virgincita, Deogracias Villalongha, and Alejandro Villalongha
    filed a complaint for annulment of sale and transfer of certificates of title (TCT) against their
    mother, Felipa Vda. De Villalongha and their siblings Aurora Villalongha-Carrubias, Josefina
    Villalongha-Daleon, and Ramonito Villalongha, together with Bolton Bridge Homeowners’
    Association, Incorporated (BBHAI), and the Register of Deeds for the City of Davao.

    The RTC dismissed the complaint on the ground that plaintiffs Villalongha failed to establish
    their claim by a preponderance of evidence; declared the extrajudicial settlement null and void;
    and adjudged Felipa as the sole owner of the subject lands. The CA affirmed with modification
    the RTC ruling.

    Issue:
    W/N the CA committed grave abuse of discretion in directing an entry of judgment in the case,
    and denying petitioner’s motion to recall the same, despite their claim of lack of proper service
    of the March 22, 2013 Decision.

    Held:
    Section 2, Rule 13 of the Rules of Court provides that “if any party has appeared by counsel,
    service upon him shall be made upon his counsel or one of them, unless service upon the party
    himself is ordered by the court.” Thus, even if a party represented by counsel has been actually
    notified, said notice is not considered notice in law. “Service of the court’s order upon any
    person other than the counsel of record is not legally effective and binding upon the party, nor
    may it start the corresponding reglementary period for the subsequent procedural steps that
    may be taken by the attorney”. Since Ariel Hernandez was not an employee and, thus, not
    authorize to receive court notices in behalf of Atty. Advincula, Jr., his alleged receipt of the
    notice of the March 22, 2013 Decision on May 8, 2013 is without any effect in law, and cannot
    start the running of the period within which to file a motion for reconsideration or appeal.

    The Court finds that plaintiffs Villalongha have not been duly served with notice of the March
    22, 2013 Decision; hence, the period within which they may file a motion for reconsideration
    has not commenced to run. Thus, the Entry of Judgment made in the case was therefore
    premature and inefficacious, and should be recalled and lifted. The Entry of Judgment did not
    make the March 22, 2013 Decision final and executory considering that as of the date of entry,
    notice of said Decision has not yet been served on plaintiffs Villalongha/petitioners.

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