Month: July 2019

— Criminal Law, Remedial Law —

PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

July 29, 2019

FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused­ appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

— Remedial Law —

PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

July 25, 2019

FACTS: Herein petitioner filed a complaint for recovery of the contractual liability of respondent, for the recovery of the sum of P2,698,637.00, representing the insured value of the lost or undelivered 377.168 metric tons of Prime Newly Hot Rolled Steel Billets, including attorney’s fees and costs. Respondent filed a motion to dismiss, which was denied… Read More PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

— Civil Law, Remedial Law —

Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135

July 25, 2019

Petitioners insist that it was error for the CA to rule that the stipulated exclusive venue of Makati City is binding only on petitioners’ complaint for Annulment of Foreclosure, Sale, and Damages filed before the RTC of Parañaque City, but not on respondent bank’s Petition for Extrajudicial Foreclosure of Mortgage, which was filed with the… Read More Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135

— Remedial Law, Special Proceedings —

ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

July 25, 2019

FACTS: Respondent Francisco Provido filed a petition for the probate of the Last Will and Testament of the late Soledad Provido Elevencionado, alleging that he was the heir of the decedent and the executor of her will. The RTC rendered its Decision, allowing the probate of the will of the decedent and directing the issuance… Read More ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

— Taxation —

CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC

July 18, 2019

FACTS Section 21(B) of the Manila Revenue Code originally provided: Section 21. Tax on Businesses Subject to the Excise, Value-Added or Percentage Taxes Under the NIRC. On any of the following businesses and articles of commerce subject to the excise, value-added or percentage taxes under the National Internal Revenue Code, hereinafter referred to as NIRC,… Read More CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC

— Remedial Law —

HEIRS OF MARCELO SOTTO v. PALICTE G.R. No. 159691 February 17, 2014 Forum Shopping

July 17, 2019

FACTS: In our June 13, 2013 decision in this case, we directed Atty. Mahinay to show cause “why he should not be sanctioned for committing a clear violation of the rule prohibiting forum-shopping by aiding his clients in asserting the same claims at least twice.” The directive was called for by the following observations made… Read More HEIRS OF MARCELO SOTTO v. PALICTE G.R. No. 159691 February 17, 2014 Forum Shopping

— Remedial Law —

MCBURNIE v. GANZON G.R. Nos. 178034 & 178117 G R. Nos. 186984-85 October 17, 2013, Post Judgment Remedies, Second Motion for Reconsideration, Construction of the Rules of Court

July 12, 2019

FACTS: McBurnie, an Australian national, instituted a complaint for illegal dismissal and other monetary claims against the respondents. McBurnie signed a five-year employment agreement with the company EGI as an Executive Vice-President who shall oversee the management of the company’s hotels and resorts within the Philippines. He performed work for the company until he figured… Read More MCBURNIE v. GANZON G.R. Nos. 178034 & 178117 G R. Nos. 186984-85 October 17, 2013, Post Judgment Remedies, Second Motion for Reconsideration, Construction of the Rules of Court

— Remedial Law —

ALMUETE v. PEOPLE OF THE PHILIPPINES G.R. No. 179611 Appellate Remedies, Suspension of the Rules

July 11, 2019

FACTS: Efren D. Almuete, Ila and Lloren were charged with violation of Section 68 of P.D. No. 705 “Revised Forestry Code of the Philippines,” as amended by E.O. No. 277.On the scheduled date of promulgation of judgment, petitioner and Lloren were ill while Ila was not notified of the scheduled promulgation. The RTC, however, found… Read More ALMUETE v. PEOPLE OF THE PHILIPPINES G.R. No. 179611 Appellate Remedies, Suspension of the Rules

— Constitutional Law, Remedial Law —

GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

July 9, 2019

FACTS: Fernando Caballero & his wife secured a loan from petitioner GSIS and executed a real estate mortgage of a parcel of land registered under his name. Fernando defaulted on the payment of his loan, hence, the subject property was foreclosed, and the same was sold at a public auction where the petitioner was the… Read More GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

— Remedial Law —

DE LIMA v. GATDULA, G.R. No. 204528 February 19, 2013 Writ of Amparo, Appellate Remedies, Liberal Construction of the Rules of Court

July 8, 2019

FACTS: Respondent Magtanggol B. Gatdula filed a Petition for the Issuance of a Writ of Amparo directed against petitioners Justice Secretary Leila M. De Lima, et al. Gatdula wanted De Lima, et al. “to cease and desist from framing up Petitioner [Gatdula] for the fake ambush incident by filing bogus charges of Frustrated Murder against… Read More DE LIMA v. GATDULA, G.R. No. 204528 February 19, 2013 Writ of Amparo, Appellate Remedies, Liberal Construction of the Rules of Court