Month: March 2019

— Criminal Law —

PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy

March 18, 2019

FACTS: Before the Court is a petition for review on certiorari assailing the Resolution of the Third Division of the Sandiganbayan (SB) dated June 2, 2005 which quashed the Information filed against herein respondent for alleged violation of Section 3 (g) of Republic Act No. 3019 (R.A. 3019), otherwise known as the Anti-Graft and Corrupt… Read More PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy

— Remedial Law —

LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

March 17, 2019

FACTS: Gloria Lucas charged respondent, Judge Amelia A. Fabros with Gross Ignorance of the Law and Grave Abuse of Discretion relative to Civil Case No. 151248. Complainant, who was the defendant in the aforecited case, alleged that Judge Amelia A. Fabros issued an Order dated February 26, 1997 granting the plaintiffs motion for reconsideration of the… Read More LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

— Civil Law —

FILINVEST CREDIT CORPORATION vs. PHILIPPINE ACETYLENE, CO., INC. G.R. No. L-50449 January 30, 1982 Dacion en Pago, Contract of Sale

March 16, 2019

FACTS: Philippine Acetylene Co., Inc., defendant-appellant, purchased from one Alexander Lim, a motor vehicle the full payment thereof was under the terms and conditions of a promissory note. As security for the payment, the appellant executed a chattel mortgage over the same motor vehicle in favor of Lim. Subsequently, Lim assigned to the Filinvest all… Read More FILINVEST CREDIT CORPORATION vs. PHILIPPINE ACETYLENE, CO., INC. G.R. No. L-50449 January 30, 1982 Dacion en Pago, Contract of Sale

— Taxation —

CIR v. Algue G.R. No. L-28896 February 17, 1988 Deductions from Gross Income, Lifeblood Doctrine, Benefits-Protection Theory (Symbiotic Relationship Doctrine)

March 16, 2019

FACTS: The Philippine Sugar Estate Development Company appointed private respondent Algue as its agent, authorizing it to sell its land, factories and oil manufacturing process. Pursuant to such authority, Alberto Guevara, Jr., Eduardo Guevara, Isabel Guevara, Edith, O’Farell, and Pablo Sanchez, worked for the formation of the Vegetable Oil Investment Corporation, inducing other persons to… Read More CIR v. Algue G.R. No. L-28896 February 17, 1988 Deductions from Gross Income, Lifeblood Doctrine, Benefits-Protection Theory (Symbiotic Relationship Doctrine)

— Civil Law —

LONTOC-CRUZ, vs. CRUZ G.R. No. 201988 October 11, 2017 Psychological Incapacity

March 15, 2019

FACTS: Marivi Lontoc met Nilo Cruz and they became sweethearts in 1986. The couple married in a civil ceremony followed by a church wedding. The marriage produced two sons. Sometime in 2005, Marivi filed with the RTC a petition for declaration of nullity of marriage based on psychological incapacity. In support of her claim that… Read More LONTOC-CRUZ, vs. CRUZ G.R. No. 201988 October 11, 2017 Psychological Incapacity

— Bar Q & A, Taxation —

Bar Exam 2014 Suggested Answers in Taxation by the UP Law Complex

March 14, 2019

I. On March 27, 2012, the Bureau of Internal Revenue (BIR) issued a notice of assessment against Blue Water Industries Inc. (BWI), a domestic corporation, informing the latter of its alleged deficiency corporate income tax for the year 2009. On April 20, 2012, BWI filed a letter protest before the BIR contesting said assessment and… Read More Bar Exam 2014 Suggested Answers in Taxation by the UP Law Complex

— Criminal Law —

Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

March 13, 2019

FACTS: Villanueva, a UP Los Baños student, was a neophyte of the APO – Theta Chapter Fraternity and that Dungo and Sibal, as members of the said fraternity, together with the other fraternity members, officers and alumni, brought and transported Villanueva and two other neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City, for… Read More Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

— Political Law —

GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions

March 12, 2019

FACTS: Private respondent Datu Sinsuat filed a petition for the denial of due course to or cancellation of the certificate of candidacy (COC) of Gunsi for Mayor of South Upi, Maguindanao in in the May 10, 2004 Elections alleging that: (a) Gunsi was not a registered voter in the Municipality of South Upi, Maguindanao since… Read More GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions

— Civil Law, Remedial Law —

Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

March 12, 2019

FACTS: The spouses Tijam filed a case against the spouses Sibonghanoy to recover the sum of P1,908.00, with legal interest, plus costs. A writ of attachment was issued by the court against defendants’ properties, but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc.… Read More Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

— Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law —

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

March 11, 2019

What does doing business in the Philippines under the Foreign Investment Act of 1991 mean? (5%) SUGGESTED ANSWER The phrase “doing business in the Philippines“ under the Foreign Investments Act of 1991 include soliciting orders; service contracts; opening offices, whether called liaison offices or branches; appointing representatives or distributors domiciled in the Philippines or who… Read More Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex