Trillana vs Quezon College, G. R. No. L-5003, June 27, 1953

Facts: Damasa Crisostomo subscribed 200 shares of capital stock with a par value of P100 each through a letter sent to the Board of Trustees of the Quezon College, enclosed with the letter are a sum of money as her initial payment and her assurance of full payment after she harvested fish. On October 26, 1948, Damasa Crisostomo passed away. As no payment appears to have been made on the subscription mentioned in the foregoing letter, the Quezon College, Inc. presented a claim before the CFI of Bulacan in her testate proceeding, for the collection of the sum of P20,000, representing the value of the subscription to the capital stock of the Quezon College, Inc. which was then opposed by the administrator of the estate.

Issue: Whether or not the condition entered into by both parties are valid.

Held: No, Under article 1115 of the old Civil Code which provides as follows: "If the fulfillment of the condition should depend upon the exclusive will of the debtor, the conditional obligation shall be void.”

Relampagos vs. Cumba, 243 SCRA 690, April 27, 1995

Facts: In the synchronized elections of May 11, 1992, the petitioner and private respondent were candidates for the position of Mayor in the municipality of Magallanes, Agusan del Norte. The latter was proclaimed the winning candidate. Unwilling to accept defeat, the petitioner filed an election protest with the RTC of Agusan del Norte. On June 29, 1994, the trial court, per Judge Rosario F. Dabalos, found the petitioner to have won with a margin of six votes over the private respondent and rendered judgement in favor of the petitioner.

The private respondent appealed the decision to the COMELEC which was later on given a due course by the trial court. The petitioner then filed with the trial court a motion for execution pending appeal. The trial court granted the petitioner's motion for execution pending appeal despite the opposition of the private respondent. The corresponding writ of execution was forthwith issued. Thereafter, the private respondent filed a motion for a reconsideration which was later on denied. The private respondent then filed with the respondent COMELEC a petition for certiorari to annul the aforesaid order of the trial court granting the motion for execution pending appeal and the writ of execution. The COMELEC granted the petition on February 9, 1995, ordering the petitioner Rosita Cumba is ordered restored to her position as Municipality Mayor of Magallanes, Agusan del Norte, upholding its exclusive authority to decide petitions for certiorari, prohibition, and mandamus where the COMELEC maintains that there is a special law granting it such jurisdiction Section 50 of B.P. Blg. 697, which remains in full force as it was not expressly repealed by the Omnibus Election Code (B.P. Blg. 881).

Issue: Whether or not the Commission on Elections (COMELEC) has jurisdiction over petitions for, certiorari, prohibition, and mandamus in election cases where it has exclusive appellate jurisdiction

Held: Section 50 of B.P. Blg. 697 remains in full force and effect but only in such cases where, under paragraph (2), Section 1, Article IX-C of the Constitution, it has exclusive appellate jurisdiction. Simply put, the COMELEC has the authority to issue the extraordinary writs of certiorari, prohibition, and mandamus only in aid of its appellate jurisdiction.