Month: March 2019

— Banking, Mercantile Law —

Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

March 27, 2019

FACTS: A certain Roberto Gonzaga presented for payment FEBTC Check No. 432100 to the bank’s branch in Bel-Air, Makati. The check, payable to cash and drawn against Samsung Construction’s current account, was in the amount of P999,500.00. The bank teller, Cleofe Justiani, checked the balance of the account. After ascertaining there were enough funds, and… Read More Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

— Constitutional Law, Remedial Law —

CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

March 25, 2019

FACTS: Both Petitions question the Sandiganbayan’s denial to quash the Informations and Order of Arrest against Cagang despite the Office of the Ombudsman’s alleged inordinate delay in the termination of the preliminary investigation. In February 10, 2003, Office of the Ombudsman received an anonymous complaint alleging the graft and corruption at the Vice Governor’s Office,… Read More CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

— Criminal Law —

People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

March 23, 2019

  FACTS: A Buy-bust team went to the house of appellant who thereupon came out of his house and approached them. After having been introduced by the informant to the appellant as a potential buyer of shabu worth ₱500.00, PO2 Tejero gave appellant the marked money. In return, appellant took from his right pocket a… Read More People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

— Legal Ethics —

EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

March 23, 2019

FACTS: Eugenio E. Cortez engaged the services of Atty. Cortes as his counsel in an illegal dismissal case against Philippine Explosives Corporation (PEC). He further alleged that he and Atty. Cortes had a handshake agreement on a 12% contingency fee as and by way of attorney’s fees. The case was decided in favor of complainant.… Read More EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

— Bar Q & A, Remedial Law —

Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

March 21, 2019

I State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTC’s). (5%) SUGGESTED ANSWER The Regional Trial Courts inter alia shall exercise exclusive original jurisdiction in the following civil cases: (1) In all civil actions in which the subject of the litigation is incapable of… Read More Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

— Legal Ethics —

SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath

March 20, 2019

FACTS: Complainants sought the services of respondent in a case for reconstitution of title. Respondent agreed if the complainants will give him a portion of their land as his fee for filing a petition for certiorari to nullify the order for the reconstitution of the lost title. The complainants agreed to give him a 250… Read More SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath

— Remedial Law —

HEIRS OF ARTURO GARCIA v. MUNICIPALITY OF IBA, ZAMBALES G.R. No. 162217, July 22, 2015 Modes of Appeal, Appeal as a matter of right v. Discretionary Appeal

March 20, 2019

FACTS: Melecio R. Bueno was the tenant-farmer beneficiary of an agricultural land. He brought an ejectment suit in the MTC of Iba against the Municipality of Iba, claiming that the Municipality of Iba had constructed the public market on a substantial portion of his land without his consent; and that his repeated demands for the… Read More HEIRS OF ARTURO GARCIA v. MUNICIPALITY OF IBA, ZAMBALES G.R. No. 162217, July 22, 2015 Modes of Appeal, Appeal as a matter of right v. Discretionary Appeal

— Remedial Law —

TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award

March 19, 2019

FACTS: Kanemitsu Yamaoka, five Philippine tuna processors, and respondent Kingford entered into a Memorandum of Agreement (MOA), which provided, among others, the establishment of Tuna Processors, Inc. (TPI). Due to a series of events, the licensees, including respondent Kingford, withdrew from petitioner TPI and correspondingly reneged on their obligations. Petitioner submitted the dispute for arbitration… Read More TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award