Month: November 2017

— Constitutional Law —

Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

November 28, 2017

FACTS: Petitioner is the registered owner of a parcel of land. She acquired this property from the San Antonio Development Corporation (SADC). Prior to the transfer of the property to petitioner by SADC, PEA wrote SADC requesting permission to enter the latter’s property, for the purpose of constructing thereon the southern abutment of the Zapote… Read More Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

— Constitutional Law —

Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

November 28, 2017

FACTS: Sometime in the 1960’s, RCAM allowed a number of individuals to occupy the Grace Park property on condition that they would vacate the premises should the former push through with the plan to construct a school in the area. The plan, however, did not materialize, thus, the occupants offered to purchase the portions they… Read More Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

— Constitutional Law —

SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

November 28, 2017

FACTS: On September 20, 1996, the Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three (3) parcels of land with a total area of 1,158 sq. m. (the properties) belonging to said corporation… Read More SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

— Legal Ethics —

EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

November 28, 2017

FACTS: On 29 September 1997 ECTHA and respondent Dioneda entered into a Retainer’s Agreement wherein respondent lawyer agreed to handle the case of the complainant against LVF Realty, Mr. Tinsay and BPI Family Savings Bank by way of filing a Complaint-in-Intervention, for P20,000.00 as attorney’s fees and P1,000.00 as appearance fee per hearing. It was… Read More EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

— Legal Ethics —

LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

November 28, 2017

  FACTS: Lothar Schulz, a German national filed a verified complaint for disbarment against Atty. Marcelo G. Flores.  He alleged that he engaged the services of respondent for the purposes of filing a complaint against Wilson Ong for revocation of contract and damages for the latter’s failure to deliver the jeep he sold to complainant… Read More LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

— Criminal Law —

People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

November 28, 2017

FACTS: Accused Martin Simon was charged with a violation of Section 4, Article II of Republic Act No. 6425 or the Dangerous Drugs Act of 1972. He sold tea bags of marijuana to a Narcotics Command (NARCOM) poseur-buyer. The confiscated 4 tea bags, weighing a total of 3.8 grams, when subjected to laboratory examination, were… Read More People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

— Constitutional Law, Political Law —

Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

November 28, 2017

FACTS: After acquiring title, petitioners tried to take possession of the lot only to discover that it was already occupied by squatters. Thus a demolition order was issued. However, when the demolition order was about to be implemented, Cebu City Mayor Alvin Garcia wrote two letters] to the MTCC, requesting the deferment of the demolition… Read More Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

— Political Law —

Zamora vs. Caballero G.R. No. 147767. January 14, 2004 LGU, LGC, Quorum

November 28, 2017

FACTS: Petitioner is  a member of the Sangguniang Panlalawigan of Compostela Valley filed a petition before the  RTC  against the Governor, et. al. , challenging the validity of the acts of Sanggunian , alleging that while the Journal and Resolutions indicated the presence of 13 members, the Sanggunian nonetheless “conducted official business without quorum” as… Read More Zamora vs. Caballero G.R. No. 147767. January 14, 2004 LGU, LGC, Quorum

— Bar Q & A, Constitutional Law, Political Law —

Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)

November 28, 2017

Jurisdiction over the GOCCs (2003) No VII – A corporation, a holder of a certificate of registration issued by the Securities and Exchange Commission, is owned and controlled by the Republic of the Philippines. The Civil Service Commission (CSC), in a memorandum-order, directs the corporation to comply with Civil Service Rules in the appointment of… Read More Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)