Virata v. NG Wee, 2018: Mercantile Issue

Virata v.
Ng Wee, 2018:
Mercantile Issue:
She was specifically impleaded as one of the party

respondents. Accordingly, the Court validly acquired jurisdiction
over her person, and prevented the assailed decision from
attaining finality as to her. Second, on due process, Virata raised
his claim against his co-parties as early as the filing of his
Answer to Ng Wee's Complaint. The implication of Virata's persistent
plea, up to the SC is that he was essentially re-asserting his cross-claim
to be absolved of civil liablity, as against Santos-Tan included. However,
Santos-Tan inexplicably waived her right to address the allegations in
Virata's bid for exoneration in his petition, despite having been
impleaded as party respondent. Third, even though the cross-claim was
not explicitly raised as an issue in Virata's petition, the request
therefor is subsumed under the general prayer for equitable
relief. Jurisprudence teaches that the Court's grant of relief is limited
to what has been prayed for in the Complaint or related thereto,
supported by evidence, and covered by the party's cause of action.
Neither can the business judgment rule apply herein for it

is elementary in corporation law that the doctrine admits of
exceptions: bad faith being one of them, gross negligence,
another. The contention that the Side Agreements were without the
imprimatur of its board of directors cannot be given credence. The
totality of circumstances supports the conclusion that the Wincorp
directors impliedly ratified, if not furtively authorized, the signing of the
Side Agreements in order to lay the groundwork for the fraudulent
scheme. The theory of corporate ratification is predicated on the
right of a corporation to contract, and any ratification or
adoption is equivalent to a grant of prior authority.
However, silence, acquiescence, retention of benefits, and acts

that may be interpreted as approval of the act do not by themselves
constitute implied ratification. For an act to constitute an implied
ratification, there must be no acceptable explanation for the act
other than that there is an intention to adopt the act as his or
her own.
The extraordinary writ of habeas corpus has long been a haven of relief for those
seeking liberty from any unwarranted denial of freedom of movement. Very broadly, the
writ applies to all cases of illegal confinement or detention by which a person has been
deprived of his liberty, or by which the rightful custody of any person has been withheld
from the person entitled thereto. Issuance of the writ necessitates that a person be
illegally deprived of his liberty. In the celebrated case of Villavicencio v. Lukban, we
stated that [a]ny restraint which will preclude freedom of action is sufficient.
most basic criterion for the issuance of the writ, therefore, is that the individual seeking
such relief be illegally deprived of his freedom of movement or placed under some form
of illegal restraint. If an individuals liberty is restrained via
some legal process, the writ of habeas corpus is unavailing.
Concomitant to this principle, the writ of habeas corpus cannot be used to directly assail
a judgment rendered by a competent court or tribunal which, having duly acquired
jurisdiction, was not deprived or ousted of this jurisdiction through some anomaly in the
conduct of the proceedings.
Feria v. Court of Appeals,[25] we ruled that review of a judgment of conviction is allowed

in a petition for the issuance of the writ of habeas corpus only in very specific instances,
such as when, as a consequence of a judicial proceeding, (a) there has been a
deprivation of a constitutional right resulting in the restraint of a person; (b) the
court had no jurisdiction to impose the sentence; or (c) an excessive penalty has
been imposed, as such sentence is void as to such excess.
VILPS, MEMORIZE this:
The writ of habeas corpus, whereas permitting a collateral challenge of the
jurisdiction of the court or tribunal issuing the process or judgment by which an
individual is deprived of his liberty, cannot be distorted by extending the inquiry
to mere errors of trial courts acting squarely within their jurisdiction.
The reason for this is explained very simply in the case of Velasco v. Court of
Appeals:[29] a habeas corpus petition reaches the body, but not the record of the case. [30] A
record must be allowed to remain extant, and cannot be revised, modified, altered or
amended by the simple expedient of resort to habeas corpus proceedings.
A survey of our decisions in habeas corpus cases demonstrates that, in general, the
writ of habeas corpus is a high prerogative writ which furnishes an extraordinary
remedy; it may thus be invoked only under extraordinary circumstances. [33] We have
been categorical in our pronouncements that the writ of habeas corpus is not to be used
as a substitute for another, more proper remedy. Resort to the writ of habeas corpus is
available onlyin the limited instances when a judgment is rendered by a court or tribunal
devoid of jurisdiction. If, for instance, it can be demonstrated that there was a
deprivation of a constitutional right, the writ can be granted even after an individual has
been meted a sentence by final judgment.
Habeas corpus was denied as there was no deprivation of a constitutional right.
Coupled with the prayer for the issuance of a writ of habeas corpus, petitioner
seeks a new trial to re-litigate the issue of the paternity of the child Leahlyn Mendoza.
A motion for new trial, under the Revised Rules of Criminal Procedure, is available
only for a limited period of time, and for very limited grounds. Under Section 1, Rule
121, of the Revised Rules of Criminal Procedure, a motion for new trial may be filed
at any time before a judgment of conviction becomes final, that is, within fifteen
(15) days from its promulgation or notice. Upon finality of the judgment,
therefore, a motion for new trial is no longer an available remedy.
SEC. 2. Grounds for a new trial. The court shall grant a new trial on any of the
following grounds:
(a) That errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial;
(b) That new and material evidence has been discovered which the accused could
not with reasonable diligence have discovered and produced at the trial and
which if introduced and admitted would probably change the judgment.
The decision sought to be reviewed in this petition for the issuance of a writ
of habeas corpus has long attained finality, and entry of judgment was made as far
back as January 16, 2002. Moreover, upon an examination of the evidence
presented by the petitioner, we do not find that the DNA evidence falls within the
statutory or jurisprudential definition of newly- discovered evidence.
A motion for new trial based on newly-discovered evidence may be granted only if
the following requisites are met: (a) that the evidence was discovered after trial; (b) that
said evidence could not have been discovered and produced at the trial even with the
exercise of reasonable diligence; (c) that it is material, not merely cumulative,
corroborative or impeaching; and (d) that the evidence is of such weight that that, if
admitted, it would probably change the judgment. [52] It is essential that the offering party
exercised reasonable diligence in seeking to locate the evidence before or during trial but
nonetheless failed to secure it.[53]
In this instance, although the DNA evidence was undoubtedly discovered after the
trial, we nonetheless find that it does not meet the criteria for newly-discovered evidence
that would merit a new trial. Such evidence disproving paternity could have been
discovered and produced at trial with the exercise of reasonable diligence.
The Solicitor General reiterates, and correctly so, that the pregnancy of the victim has
never been an element of the crime of rape.[58] Therefore, the DNA evidence has failed to
conclusively prove to this Court that Reynaldo de Villa should be discharged. Although
petitioner claims that conviction was based solely on a finding of paternity of the
child Leahlyn, this is not the case. Our conviction was based on the clear and
convincing testimonial evidence of the victim, which, given credence by the trial
court, was affirmed on appeal.
Agustin v. Court of Appeals:
W/N the respondent court erred in denying the petitioner’s MTD
W/N the court erred in directing parties to subject to DNA paternity testing and was a form of
unreasonable search
Held:
1. No. The trial court properly denied the petitioner’s motion to dismiss because the private
respondents’ complaint on its face showed that they had a cause of action against the petitioner. The
elements of a cause of action are: (1) the plaintiff’s primary right and the defendant’s corresponding
primary duty, and (2) the delict or wrongful act or omission of the defendant, by which the primary
right and duty have been violated. The cause of action is determined not by the prayer of the
complaint but by the facts alleged.
2. No. In Ople v. Torres,the Supreme Court struck down the proposed national computerized
identification system embodied in Administrative Order No. 308, we said:
In no uncertain terms, we also underscore that the right to privacy does not bar all incursions into
individual privacy. The right is not intended to stifle scientific and technological advancements that
enhance public service and the common good... Intrusions into the right must be
accompanied by proper safeguards that enhance public service and the common good.
Historically, it has mostly been in the areas of legality of searches and seizures, and the infringement
of privacy of communication where the constitutional right to privacy has been critically at issue.
Petitioner’s case involves neither and, as already stated, his argument that his right against self-
incrimination is in jeopardy holds no water.

Virata v. NG Wee, 2018: Mercantile Issue

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Virata v. NG Wee, 2018: Mercantile Issue

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Virata v.

She was specifically impleaded as one of the party

Neither can the business judgment rule apply herein for it

However, silence, acquiescence, retention of benefits, and acts

Feria v. Court of Appeals,[25] we ruled that review of a judgment of conviction is allowed

Agustin v. Court of Appeals:

W/N the respondent court erred in denying the petitioner’s MTD

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