Month: November 2017

— Criminal Law —

People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

November 27, 2017

FACTS: On July 12, 1956, Salvador Areza, a farmer residing in Lilio, Laguna, left his house carrying with him a bolo on lots scabbard to gather firewood in his farm in barrio Bubukal. When he failed to return home that day, his wife Lydia Nudal went out to search for him. She was accompanied by… Read More People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

— Legal Ethics —

BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

November 24, 2017

FACTS: Respondent had not been in the private practice of the law for quite some time.  However, in September 2001, he decided to revive his legal practice with some associates.  Complainant engaged the legal services of respondent for the latter to cause the transfer under her name of the title over a property covered by… Read More BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

— Constitutional Law, Political Law —

NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law

November 24, 2017

FACTS: In this petition for certiorari and mandamus, petitioners, referring to themselves as “duals” or dual citizens, pray that they and others who retained or reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Re‑Acquisition Act of 2003, be allowed to avail themselves of the mechanism provided under the Overseas Absentee Voting Act of… Read More NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law

— Criminal Law —

Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law

November 24, 2017

FACTS: The accused, Edgar Allan Ubalde and Michael Padua, a minor, seventeen (17) years old, sold, delivered and gave away to PO1 Roland A. Panis, a police poseur-buyer, one (1) folded newsprint containing 4.86 grams of marijuana. Padua’s counsel manifested that his client was willing to withdraw his plea of not guilty and enter a… Read More Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law

— Criminal Law —

DECLARADOR vs. GUBATON G.R. No. 159208 August 18, 2006 R.A. No. 9344

November 24, 2017

FACTS: Frank Bansales, 17 yrs old at the time of the commission of the crime, attacked, assaulted and stabbed with a knife his teacher, YVONNE DECLARADOR, thereby hitting and inflicting upon the latter multiple fatal stab wounds in the different parts of the body which caused her immediate death. The charge against Bansales was murder… Read More DECLARADOR vs. GUBATON G.R. No. 159208 August 18, 2006 R.A. No. 9344

— Constitutional Law, Political Law —

QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

November 23, 2017

FACTS:   Before the Court is a petition for prohibition and certiorari, with prayer for the issuance of a temporary restraining order and a writ of preliminary injunction, assailing Section 4(a) of Resolution No. 8678 of the Commission on Elections (COMELEC). They contend that the COMELEC gravely abused its discretion when it issued the assailed… Read More QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

— Constitutional Law, Political Law —

HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

November 23, 2017

FACTS: In this petition for certiorari, prohibition and mandamus with prayer for a restraining order and/or preliminary injunction, petitioners H. Harry L. Roque, Jr., et al., suing as taxpayers and concerned citizens, seek to nullify respondent Comelec’s award of the 2010 Elections Automation Project (automation project) to the joint venture of Total Information Management Corporation… Read More HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

— Political Law —

Penera vs. COMELEC GR 181613 September 11, 2009 & November 25, 2009 Premature Campaigning

November 23, 2017

FACTS: Penera and private respondent Edgar T. Andanar were mayoralty candidates in Sta. Monica during the 14 May 2007 elections. On 2 April 2007, Andanar filed before the Office of the Regional Election Director, Caraga Region (Region XIII), a Petition for Disqualification against Penera, as well as the candidates for Vice-Mayor and Sangguniang Bayan who… Read More Penera vs. COMELEC GR 181613 September 11, 2009 & November 25, 2009 Premature Campaigning

— Political Law —

PUNDAODAYA vs. COMELEC G.R. No. 179313 September 17, 2009 Residence, Domicile, Dwelling

November 23, 2017

FACTS: This petition for certiorari under Rule 65 assails the Resolution of the Commission on Elections (COMELEC) En Banc which declared private respondent Arsenio Densing Noble qualified to run for municipal mayor of Kinoguitan, Misamis Oriental, in the May 14, 2007 Synchronized National and Local Elections.  Petitioner Makil U. Pundaodaya is married to Judith Pundaodaya,… Read More PUNDAODAYA vs. COMELEC G.R. No. 179313 September 17, 2009 Residence, Domicile, Dwelling