Month: February 2020

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

February 29, 2020

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Criminal Law —

People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]

February 29, 2020

FACTS: Magallano and Tapar were charged with murder punished under Article 248 of the RPC. Prosecution witness Pineda testified that at around 1:00 a.m. of October 1, 2005, he was at home sleeping beside his wife when loud voices outside roused him from sleep. He then heard a woman shout, “Romy, bakit mo s[i]ya sinasaktan,… Read More People of the Philippines v. Magallano and Tapar G.R. No. 220721, December 10, 2018 Murder, Treachery [J. Leonen]

— Corporation Law, Mercantile Law —

MR Holdings v. Sheriff Carlos P. Bajar G.R. No. 138104 April 11, 2002 Foreign Corporation “Doing Business” in the Philippines 

February 28, 2020

FACTS: Asian Development Bank (ADB) extended a loan to Marcopper Mining Corp. to finance the latter’s mining project. ADB and Placer Dome, Inc., a foreign corporation which owns 40% of Marcopper, executed a “Support and Standby Credit Agreement” whereby the latter agreed to provide Marcopper with cash flow support for the payment of its obligations… Read More MR Holdings v. Sheriff Carlos P. Bajar G.R. No. 138104 April 11, 2002 Foreign Corporation “Doing Business” in the Philippines 

— Constitutional Law —

THE CITY OF BACOLOD v. PHUTURE VISIONS CO., INC. G.R. No. 190289 January 17, 2018 State Immunity from Suit 

February 25, 2020

FACTS: Respondent Phuture processed, completed and submitted its Application for Permit to Engage in Business, Trade or Occupation to operate bingo games at SM Bacolod and paid the fees therefor to the Permits and Licensing Division of the City Mayor of Bacolod City. It was then issued a claim slip for its permit. Phuture commenced… Read More THE CITY OF BACOLOD v. PHUTURE VISIONS CO., INC. G.R. No. 190289 January 17, 2018 State Immunity from Suit 

— Civil Law —

Racho v. Tanaka G.R. No. 199515, June 25, 2018 Recognition of Foreign Divorce Decree, Article 26, Article 40 of the Family Code [J. Leonen]

February 24, 2020

FACTS: Rhodora Racho and Seiichi Tanaka were married on April 20, 2001 in Las Piñas City, Metro Manila. They lived together for nine years in Japan and did not have any children. Racho alleged that Tanaka filed for divorce and the divorce was granted. She secured a Divorce Certificate issued by Consul Takayama of the… Read More Racho v. Tanaka G.R. No. 199515, June 25, 2018 Recognition of Foreign Divorce Decree, Article 26, Article 40 of the Family Code [J. Leonen]

— Banking, Mercantile Law —

Marquez v. Disierto G.R. No. 135882 June 27, 2001 Secrecy of Bank Deposits Law (R. A. No. 1405), The Ombudsman Act

February 23, 2020

FACTS: Petitioner Marquez received an Order from the Ombudsman Aniano A. Desierto, to produce several bank documents for purposes of inspection in camera relative to various accounts maintained at Union Bank, Julia Vargas Branch, where petitioner is the branch manager. The accounts to be inspected are those involved in a case pending with the Ombudsman… Read More Marquez v. Disierto G.R. No. 135882 June 27, 2001 Secrecy of Bank Deposits Law (R. A. No. 1405), The Ombudsman Act

— Constitutional Law —

MMDA v. Viron Transport G.R. No. 170656 August 15, 2007 Police Power, Ultra Vires

February 22, 2020

CARPIO MORALES, J. FACTS: The present petition for review on certiorari, rooted in the traffic congestion problem, questions the authority of the Metropolitan Manila Development Authority (MMDA) to order the closure of provincial bus terminals along EDSA and major thoroughfares of Metro Manila. President Gloria Macapagal Arroyo issued the E.O.No. 179 “Providing for the Establishment… Read More MMDA v. Viron Transport G.R. No. 170656 August 15, 2007 Police Power, Ultra Vires

— Constitutional Law, Remedial Law —

People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

February 21, 2020

J. Peralta  FACTS: Private respondents Carampatana, Oporto and Alquizola were charged, together with Christian John Lim, Emmanuel dela Cruz, Samuel Rudinas, Jansen Roda, Harold Batoctoy, and Joseph Villame, for allegedly raping AAA, a minor.  According to the prosecution, private respondents intoxicated AAA with a hard liquor and once intoxicated, brought AAA to Alquizola Lodging house,… Read More People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

— Remedial Law —

SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

February 12, 2020

FACTS: Spouses Miano are users of the electric service provided by MERALCO. They have two electric meters. One was installed to service their residence, while the other was installed to service their sari-sari store. Upon inspection, MERALCO discovered that there were two jumpers on the meter service connection of Spouses Miano. MERALCO disconnected the electrical… Read More SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

— Criminal Law —

NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

February 9, 2020

FACTS: Petitioners Nicolas and Victor, along with four others – Felix, Jojo, Sonny, and Ampong – were charged with attempted murder under Article 248, in relation to Article 6, of the RPC for attacking, mauling, and hitting Jesus Del Mundo. According to the prosecution, on May 24, 2003, at about 10:00 p.m., the spouses Jesus… Read More NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]