— Civil Law —
Team Gathering
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Month: April 2020
— Legal Ethics —
LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]
FACTS: Jun B. Luna filed a foreclosure case against one Jose Calvario alleging that Calvario borrowed P100,000.00 from Luna, and the loan was secured by a Deed of Real Estate Mortgage over a parcel of land in Quezon Province. Due to non-payment of the loan, Luna filed the Complaint praying for payment of the obligation… Read More LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]
— Criminal Law —
People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]
FACTS: On February 10, 2005, a confidential informant tipped SPO1 Mirasol that a certain Asaw, later identified as Acub, had been selling illegal drugs at Ayer Village. A buy-bust operation against Asaw was thus planned. PO2 Cordero acted as the poseur-buyer, with PO3 Ajuji as back-up. Upon arriving at Ayer Village, the informant talked to… Read More People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]
— Civil Law —
Sps. Latonio v. McGEORGE FOOD INDUSTRIES Inc., G.R. No. 206184 December 6, 2017 Negligence, Proximate Cause
FACTS: Petitioners, spouses Ed and Mary Ann Latonio, with their eight-month-old child Ed Christian, went to a birthday party at the McDonald’s, Ayala Center, Cebu. During the party and as part of the birthday package, McDonald’s presented two mascots – “Birdie” and “Grimace” – to entertain and dance for the guests. Respondent Lomibao was the… Read More Sps. Latonio v. McGEORGE FOOD INDUSTRIES Inc., G.R. No. 206184 December 6, 2017 Negligence, Proximate Cause
— Civil Law —
Olivarez v. Castillo, G.R. No. 196251, July 9, 2014 Sale, Contract to sell, Conditional Sale, Rescission of Contract [J. LEONEN]
FACTS: Benjamin Castillo was the registered owner of a 346,918-sqm lot, covered by TCT No. T-19972. The Philippine Tourism Authority (PTA) allegedly claimed ownership of the same based on TCT No. T-18493. On April 5, 2000, Castillo and Olivarez Realty Corp., represented by Dr. Olivarez, entered into a contract of conditional sale, wherein Castillo agreed… Read More Olivarez v. Castillo, G.R. No. 196251, July 9, 2014 Sale, Contract to sell, Conditional Sale, Rescission of Contract [J. LEONEN]
— Civil Law, Remedial Law —
REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation
FACTS: Paninsingin Primary School (PPS) is a public school in Lipa, Batangas, operated by petitioner Republic of the Philippines through the Department of Education. PPS has been occupying a portion of Lots 1923 and 1925, registered in the name of respondents Primo and Maria Mendoza under TCT T-11410. The Mendozas caused said lots to be… Read More REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation
— Criminal Law, Remedial Law —
Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause
FACTS: Lilian De Vera filed a complaint before the DOJ charging with multiple murder several PNP Highway Patrol Group (HPG) officers, herein petitioners P/C Insp. Lawrence B. Cajipe, P/C Insp. Mendoza, P/C Insp. Balatucan, PO3 Mamanao, Jr., P03 Gapuz, PO2 Blanco, P02 Santos, and PO1 Lucena. The other group of accused consisted of police officers… Read More Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause
— Criminal Law —
PEOPLE v. PIOSANG GR No. 200329, Jun 05, 2013 Statutory Rape
FACTS: On July 8, 1998, AAA was playing with some friends when then eleven-and-a-half-year-old CCC, her neighbor, called and asked her to play computer with him at the house of RICARDO PIOSANG on instructions of the latter. On their way to his house, Piosang pushed AAA and CCC into the comfort room, which was built… Read More PEOPLE v. PIOSANG GR No. 200329, Jun 05, 2013 Statutory Rape
Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract
FACTS: Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00. The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks. Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract
MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale
FACTS: Petitioner MCC is a domestic corporation, engaged in the business of importing and wholesaling stainless steel products, while respondent Ssangyong Corporation, an international trading company with head office in Seoul, South Korea, is one of its suppliers. The two corporations conducted business through telephone calls and facsimile or telecopy transmissions. Ssangyong would send the… Read More MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale