Month: October 2017

— Criminal Law, Remedial Law —

PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

October 14, 2017

Doctrine: The commission of the offense of illegal sale of regulated drugs requires merely the consummation of the selling transaction. In a “buy-bust” operation, such as in the case at bar, what is important is the fact that the poseur-buyer received the shabu from the appellants and that the same was presented as evidence in… Read More PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

— Political Law —

REPUBLIC OF INDONESIA vs. JAMES VINZON G.R. No. 154705 June 26, 2003 act jure imperii, diplomatic mission, International Law, Section 2 of the 1987 Constitution, Sovereign Immunity From Suit, Vienna Convention on Diplomatic Relations

October 6, 2017

FACTS:  Petitioner, Republic of Indonesia, entered into a Maintenance Agreement with respondent James Vinzon, sole proprietor of Vinzon Trade and Services. The agreement stated that respondent shall, for a consideration, maintain specified equipment at the Embassy Main Building, Embassy Annex Building and the Wisma Duta, the official residence of petitioner Ambassador Soeratmin. The equipments covered… Read More REPUBLIC OF INDONESIA vs. JAMES VINZON G.R. No. 154705 June 26, 2003 act jure imperii, diplomatic mission, International Law, Section 2 of the 1987 Constitution, Sovereign Immunity From Suit, Vienna Convention on Diplomatic Relations

— Political Law —

LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

October 6, 2017

FACTS: Petitioner and private respondent were among the candidates for Representative of the first district of Pampanga. Petitioner was proclaimed as Congressman-elect and assumed office. Later, the COMELEC declared petitioner’s proclamation void ab initio. Petitioner challenged the COMELEC resolution before this Court. The Court set aside the COMELEC’s revocation of petitioner’s proclamation. On February 8,… Read More LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

— Civil Law —

SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

October 6, 2017

 SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 182148 June 8, 2011 GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 FACTS:  Sime Darby leased a billboard owned by Macgraphics for a term of four years. Subsequently, Sime Darby executed a Memorandum… Read More SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

— Remedial Law —

People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

October 6, 2017

FACTS: The instant case involved a charge of rape of the private complainant, AAA, which resulted in her pregnancy and the birth of a child (“BBB”).  A hearing was set to ascertain the feasibility of DNA testing with due regard to the standards set in the DNA Rules. Both AAA and BBB (now 17 years… Read More People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

— Taxation —

SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

October 6, 2017

FACTS: Petitioner, registered owners of real properties in Marikina City, with consent of his wife, conveyed by deed of assignment, the properties to the Saints and Angels Realty Corp. (SARC), by virtue of incorporations, in exchange for shares  of stock therein with a par value of P2,000,000.0, placed in San Juan’s name and the remaining… Read More SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

— Taxation —

AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

October 6, 2017

FACTS:   This case involves two petitions for review on certiorari involving the decisions declaring valid the auction sales of two real properties by the Quezon City Local Gov’t for failure to pay real property taxes. The first case deals with a lot formerly owned by petitioners Aquino. Petitioners withheld payment of the real property… Read More AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

— Political Law, Taxation —

Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

October 6, 2017

FACTS:    Petitioner PPI and respondent Fertiphil are private corporations incorporated under Philippinelaws, both engaged in the importation and distribution of fertilizers, pesticides and agriculturalchemicals.Marcos issued Letter of Instruction (LOI) 1465, imposing a capital recovery component of Php10.00 perbag of fertilizer. The levy was to continue until adequate capital was raised to make PPI financiallyviable. Fertiphil… Read More Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

— Civil Law —

Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

October 6, 2017

FACTS: Petition for certiorari to have the order of respondent judge ordering petitioner to produce the child, Maria Teresa Unson, his daughter barely eight years of age, with private respondent Edita N. Araneta and return her to the custody of the later, further obliging petitioner to “continue his support of said daughter by providing for… Read More Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

— Civil Law —

JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

October 6, 2017

FACTS: In the afternoon of 9 May 1983, CRISELDA and ZHIENETH were at the 2nd floor of Syvel’s Department Store,which is owned by petitioner Jarco Mktg. Corp. CRISELDA was signing her credit card slip at the payment and verification counter when she felt a sudden gust of wind and heard a loud thud. She looked… Read More JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance