Criminal Law

People v. Miraña G.R. No. 219113, April 25, 2018 Insanity as Defense

FACTS: Dominga Agnas Vda. De Globo, a seventy-three year old woman, was allegedly chased by accused-appellant Roland Miraña, with a bolo. After the incident, Dominga’s brother advised her not to go back to her house and to report the incident to the barangay. Unfortunately, the victim did not heed the advice and returned to her… Read More People v. Miraña G.R. No. 219113, April 25, 2018 Insanity as Defense

Civil Law, Remedial Law

Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

FACTS: Since May 1998, petitioner Jose Z. Moreno and his family, as lessees, have been occupying two (2) parcels of land covered by TCT Nos. 181516 and 181517 (subject lands) co-owned by his full-blooded sister, respondent Consuelo Moreno Kahn­Haire and her children, Rene, Luis, Philippe, and Claudine. In 2003, respondents offered to sell to Jose… Read More Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

Law School

SC Approves The Rules on Unified Legal Aid Service (ULAS Rules)

The Supreme Court En Banc has approved The Rules on Unified Legal Aid Service (ULAS Rules) which mandates covered lawyers to render at least 60 hours of pro bono legal aid every three years in favor of indigent Filipinos, as defined in the ULAS Rules. The ULAS Rules is a product of extensive deliberations and studies made over the course of more than a year… Read More SC Approves The Rules on Unified Legal Aid Service (ULAS Rules)

Civil Law

Republic v. Claur G.R. No. 246868. February 15, 2022 Psychological Incapacity, Declaration of Nullity of Marriage

FACTS: Angelique Pearl Claur testified that she and Mark Claur were schoolmates in high school when they became girlfriend and boyfriend.  During their relationship, they would alternately  break up and reconcile. When they went to different universities for college, their fights became worse. They would curse each other and sometimes their quarrels would turn physically… Read More Republic v. Claur G.R. No. 246868. February 15, 2022 Psychological Incapacity, Declaration of Nullity of Marriage

Law School

Ocampo v. Ocampo G.R. No. 187879, July 5, 2010 Special Administrator, Intestate Proceedings

FACTS: Petitioners are the surviving spouse and the children of Leonardo Ocampo. Leonardo and his siblings, respondents Renato Ocampo and Erlinda Ocampo are the legitimate children and only heirs of  Spouses Vicente and Maxima Ocampo, who died intestate leaving several properties, no will and no debts. Petitioners initiated a petition for intestate proceedings. Respondents filed… Read More Ocampo v. Ocampo G.R. No. 187879, July 5, 2010 Special Administrator, Intestate Proceedings

Criminal Law, Remedial Law

Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

FACTS: Petitioners Capistrano Daayata, Dexter Salisi, and Bregido Malacat, Jr. were charged with frustrated murder. Upon arraignment, all three accused, now petitioners, pleaded not guilty. Trial then ensued. According to the prosecution, on December 16, 1995, at about 6:00 p.m., Bahian went to the house of Kagawad Abalde to report to Kagawad Abalde a violent… Read More Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

Civil Law

Licaros v. Gatmaitan G.R. No. 142838, August 9, 2001 Subrogation v. Assignment of Credit

FACTS: The Anglo-Asean is a private bank registered and organized to do business under the laws of the Republic of Vanuatu but not in the Philippines. Its business consists primarily in receiving fund placements by way of deposits from investors and investing such deposits in money market placements and potentially profitable capital ventures in Hongkong,… Read More Licaros v. Gatmaitan G.R. No. 142838, August 9, 2001 Subrogation v. Assignment of Credit

Legal Ethics

Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

FACTS: Leticia Gonzales filed a petition before the Integrated Bar of the Philippines (IBP) alleging that:  She was the complainant in a case for sum of money and damages (Civil Case No. 1-56) filed before the MTCC where she was represented by the law firm CABUCANA LAW OFFICE, with Atty. Edmar Cabucana handling the case… Read More Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

Civil Law

Pereña v. Zarate G.R. No. 157917, August 29, 2012 Contract of Transportation, Carriage of Passengers, Common Carriers

FACTS: The Pereñas were engaged in the business of transporting students using a KIA Ceres Van from their respective residences in Parañaque City to Don Bosco in Makati City, and back.  They employed Clemente Alfaro as driver of the van. Spouses Nicolas and Teresita Zarate contracted the Pereñas to transport their son Aaron to and… Read More Pereña v. Zarate G.R. No. 157917, August 29, 2012 Contract of Transportation, Carriage of Passengers, Common Carriers