Month: November 2017

— Criminal Law —

PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

November 20, 2017

FACTS: At About 7 in the morning of January 31, 1936, Valentine Aguilar, the apellant’s neighbor, saw the appellant go to the thicket about four or five brazas from her house, apparently to respond to a call of nature because it was there that the people of the place used to go for that purpose.… Read More PEOPLE vs. BANDIAN G.R. No. 45186 September 30, 1936 Infanticide, Article 12 Exempting Circumstances

— Constitutional Law —

PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

November 17, 2017

  FACTS: On July 28, 1991, the lifeless body of Edmundo Orizal was found in the rest house of Ronnie Balao. The victim was found to have sustained seven (7) gunshot wounds in the chest, abdomen, back, left and right thighs, and two (2) grazing wounds on the left arm and back. Investigation by the… Read More PEOPLE OF THE PHILIPPINES vs. ARMANDO GALLARDO y GANDER et. al. G.R. No. 113684 January 25, 2000 Independent and Competent Counsel

— Constitutional Law, Remedial Law —

People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

November 16, 2017

  FACTS: Raising only questions of law, the People’s petition for review on certiorari assails the Decision of the CA which affirmed the Order of the RTC fixing bail for the temporary liberty of Luis Bucalon Plaza who was indicted for Murder. The defense contended that in view of Judge Buyser’s ruling that the prosecution… Read More People vs. Plaza G.R. No 176933 Oct. 2, 2009 Right to Bail

— Constitutional Law —

Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

November 16, 2017

FACTS: Congressman Bonifacio H. Gillego executed a Complaint-Affidavit, claiming that petitioner Jose U. Ong, then Commissioner of the BIR, has amassed properties worth disproportionately more than his lawful income. Ong submitted an explanation and analysis of fund sourcing, reporting his net worth covering the calendar years 1989 to 1991 and showing his sources and uses… Read More Ong vs Sandiganbayan G.R. No. 126858 Sept. 16, 2005 Presumption of Innocence, Forfeiture Proceedings

— Criminal Law —

People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

November 16, 2017

FACTS: About 9 o’clock in the evening of November 21, 1945, there was a fistic fight between Federico Bautista and Vicente Aurencio at the corner of Mayhaligue and Magdalena Streets, City of Manila. Desiring to stop the encounter, defendant shouted at the combatants. As these paid him no attention, he drew a .45 caliber pistol… Read More People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

— Criminal Law —

People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

November 10, 2017

FACTS: Due to marital differences, Manolito and Tita separated, with Manolito keeping custody of their two (2) children. Tita rented a room at the second floor of the house of Edgardo Lladas Despite their separation, Manolito tried to win Tita back and exerted all efforts towards reconciliation. However, Tita was very reluctant to reconcile with Manolito. In… Read More People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

— Constitutional Law —

Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

November 10, 2017

FACTS:  The two petitions, filed by their respective petitioners in their capacities as concerned citizens and taxpayers, prayed for the nullification of House Resolution No. 1109 entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All… Read More Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

— Constitutional Law —

VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

November 10, 2017

FACTS: SJS, a registered political party, sought the interpretation of several constitutional provisions, specifically on the separation of church and state; and a declaratory judgment on the constitutionality of the acts of religious leaders endorsing a candidate for an elective office, or urging or requiring the members of their flock to vote for a specified… Read More VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

— Taxation —

Ericsson Telecom vs. Pasig G.R. NO. 176667 November 22, 2007 City Power of Local Taxation

November 10, 2017

FACTS: Ericsson Telecommunications, Inc. (petitioner), a corporation with principal office in Pasig City (respondent), is engaged in the design, engineering, and marketing of telecommunication facilities/system.  In an Assessment Notice dated October 25, 2000 issued by the City Treasurer of Pasig City, petitioner was assessed a business tax deficiency for the years 1998 and 1999 amounting… Read More Ericsson Telecom vs. Pasig G.R. NO. 176667 November 22, 2007 City Power of Local Taxation

— Constitutional Law —

Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

November 10, 2017

  FACTS: The Republic of the Philippines and the then British Crown Colony of Hong Kong signed an “Agreement for the Surrender of Accused and Convicted Persons” that took effect on June 20, 1997. Private respondent Muñoz was charged before the Hong Kong Court with three (3) counts of the offense of “accepting an advantage… Read More Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition