This case has been cited 3 times or more.
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2015-06-17 |
PEREZ, J. |
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| The elements of demand and misappropriation bear relevance to the validity or invalidity of the authority of Anaped directors and officers. In Omictin v. Court of Appeals,[12] we held that since the alleged offended party is the corporation, the validity of the demand for the delivery rests upon the authority of the person making such a demand on the company’s behalf. If the supposed authority of the person making the demand is found to be defective, it is as if no demand was ever made, hence the prosecution for estafa cannot prosper. The Court added that mere failure to return the thing received for administration or under any other obligation involving the duty to deliver or return the same or deliver the value thereof to the owner could only give rise to a civil action and does not constitute the crime of estafa.[13] | |||||
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2010-07-02 |
PERALTA, J. |
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| In this regard, it must be remembered though that this Court's ruling in Dwikarna v. Domingo did not abandon the doctrine laid down in BOC v. Dela Rosa. The exception remains. Dwikarna merely reiterated the doctrine of primary jurisdiction when this Court ruled that if the petitioner is dissatisfied with the decision of the Board of Commissioners of the Bureau of Immigration, he can move for its reconsideration and if his motion is denied, then he can elevate his case by way of a petition for review before the Court of Appeals, pursuant to Section 1, Rule 43 of the Rules of Civil Procedure. However, utmost caution must be exercised in availing of the exception laid down in BOC v. Dela Rosa in order to avoid trampling on the time-honored doctrine of primary jurisdiction. The court cannot or will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal prior to resolving the same, where the question demands the exercise of sound administrative discretion requiring special knowledge, experience and services in determining technical and intricate matters of fact.[48] In cases where the doctrine of primary jurisdiction is clearly applicable, the court cannot arrogate unto itself the authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special competence.[49] | |||||
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2009-11-05 |
PERALTA, J. |
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| The reason behind the doctrine of primary jurisdiction may also be applied here by analogy. The objective of said doctrine is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency, which has special knowledge, experience and tools to determine technical and intricate matters of fact, has determined some question or a particular aspect of some question arising in the proceeding before the court.[21] This is not to say that the Ombudsman cannot acquire jurisdiction or take cognizance of a criminal complaint until after the administrative agency has decided on a particular issue that is also involved in the complaint before it. Rather, using the same reasoning behind the doctrine of primary jurisdiction, it is only prudent and practical for the Ombudsman to refrain from proceeding with the criminal action until after the DARAB, which is the administrative agency with special knowledge and experience over agrarian matters, has arrived at a final resolution on the issue of whether Edilberto Darang is indeed entitled under the law to be awarded the land in dispute. This would establish whether the benefits or advantages given to him by the public officials charged under the complaint, are truly unwarranted. | |||||