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JOSE ESCRIBANO v. DAVID P. AVILA

This case has been cited 2 times or more.

2012-02-15
REYES, J.
On August 11, 2000, Margarita, then already widowed, together with her children, sold their share in the subject property to Spouses Pascual and Francisco.[5] Subsequently, Spouses Pascual and Francisco caused the cancellation of TCT No. 30375 and, thus, TCT No. T-32522[6] was then issued in their names together with Angela and Spouses Melchor.
2009-04-29
TINGA, J.
The situation herein differs from that in the recent case of SEC v. Interport,[7] where the Court had occasion to reexamine the principles governing the prescription of offenses punishable under special laws. Therein, the Court found that the investigative proceedings conducted by the Securities and Exchange Commission had tolled the prescriptive period for violations of the Revised Securities Act, even if no subsequent criminal cases were instituted within the prescriptive period. The basic difference lies in the fact that no taint of invalidity had attached to the authority of the SEC to conduct such investigation, whereas the preliminary investigation conducted herein by the PCGG is simply void ab initio for want of authority.