Month: June 2019

— Criminal Law —

PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

June 15, 2019

FACTS: An Information was filed, charging accused-appellants of the crime of Illegal Sale of Dangerous Drugs. The prosecution alleged that a buy-bust team was organized to conduct an entrapment operation against Bernie, alias “Axe,” who was reportedly “operating” within the area of Quezon City. The buy-bust team, together with the informant, proceeded to the target… Read More PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

— Remedial Law —

LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

June 15, 2019

FACTS: On December 10, 1976, petitioner filed an application for registration and confirmation of title over a parcel of land covered by Plan PSU-129514, which was granted on February 23, 1989 by the RTC of Makati City, acting as a land registration court. Consequently, on July 10, 1997, the LRA issued Decree No. N-217036 in… Read More LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

— Remedial Law —

BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

June 15, 2019

FACTS: Virgilio C. Briones filed a Complaint before the RTC Manila, for nullity of contracts, and damages against Cash Asia, alleging that he is the owner of the subject property, and that his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash… Read More BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

— Mercantile Law —

SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

June 15, 2019

FACTS: Respondent filed against petitioners before the IPO – Bureau of Legal Affairs (BLA), (a) an intellectual property violation case for unfair competition, false or fraudulent declaration, and damages arising from petitioners’ use and filing of applications for the registration of the marks “THE ST. FRANCIS TOWERS” and “THE ST. FRANCIS SHANGRI-LA PLACE,” and (b)… Read More SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

— Mercantile Law —

LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

June 15, 2019

FACTS: R&B Insurance issued a Marine Policy in favor of Columbia to insure the shipment of 132 bundles of electric copper cathodes against All Risks. Columbia engaged the services of Glodel for the release and withdrawal of the cargoes from the pier and the subsequent delivery to its warehouses/plants. Glodel, in turn, engaged the services… Read More LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

— Mercantile Law —

MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

June 15, 2019

FACTS: Sps. Magboo are the parents of Cesar Magboo, a child of 8 years old, who was killed in a motor vehicle accident, involving a passenger jeepney owned by the defendant, and driven that time by Conrado Roque. Conrado was prosecuted for homicide thru reckless imprudence and was sentenced to six months imprisonment. Appellant assails… Read More MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

— Mercantile Law —

PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier

June 14, 2019

FACTS: Planters Products, Inc. (PPI), purchased from Mitsubishi 9,329.7069 metric tons (M/T) of Urea 46% fertilizer which the latter shipped in bulk aboard the cargo vessel M/V “Sun Plum” owned by private respondent KKKK from Alaska, U.S.A., to La Union, Philippines. Prior to its voyage, a time charter-party on the vessel M/V “Sun Plum” was… Read More PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier

— Criminal Law —

PEOPLE v. MAMA G.R. No. 237204, October 01, 2018 RA 9165, Three Witnesses Rule J. Perlas-Bernabe

June 13, 2019

FACTS: This case stemmed from two Informations filed before the RTC charging Mama with violation of Sections 5 and 11, Article II of RA 9165. Taguig city PNP received a tip of a high-volume drug trade of a certain “RJ” – later identified as Mama – in Barangay Tunasan, Muntinlupa. After verification of said tip,… Read More PEOPLE v. MAMA G.R. No. 237204, October 01, 2018 RA 9165, Three Witnesses Rule J. Perlas-Bernabe

— Constitutional Law, Political Law —

KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

June 12, 2019

FACTS: President Benigno Aquino III signed into law RA 10367. Essentially, RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new voters, and directs that “[r]egistered voters whose biometrics have not been captured shall submit themselves for validation.” “Voters who fail to submit for validation on or before the last day… Read More KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

— Banking, Mercantile Law —

BANK OF AMERICA NT & SA v. PHILIPPINE RACING CLUB G.R. No. 150228 July 30, 2009 Last Clear Chance Doctrine

June 12, 2019

FACTS: The President and Vice President of respondent PRCI corporation were scheduled to go out of the country in connection with the corporation’s business. In order not to disrupt operations in their absence, they pre-signed several checks relating to the corporation’s  Current Account with BA to insure continuity of plaintiff-appellee’s operations by making available cash/money… Read More BANK OF AMERICA NT & SA v. PHILIPPINE RACING CLUB G.R. No. 150228 July 30, 2009 Last Clear Chance Doctrine