Month: May 2020

— Civil Law, Constitutional Law —

Sps. DACUDAO v. SECRETARY OF JUSTICE G.R. No. 188056, January 08, 2013 Right to Speedy Disposition of Cases, Laws with Retroactive Effect

May 19, 2020

FACTS:  Petitioners were among the investors whom Celso G. Delos Angeles, Jr. and his associates in the Legacy Group of Companies allegedly defrauded through the Group’s “buy back agreement” that earned them check payments that were dishonored.  They initiated a number of charges for syndicated estafa against Delos Angeles, Jr., et al. in the Office… Read More Sps. DACUDAO v. SECRETARY OF JUSTICE G.R. No. 188056, January 08, 2013 Right to Speedy Disposition of Cases, Laws with Retroactive Effect

— Bar Q & A, Corporation Law, Insurance, Intellectual Property Law, Mercantile Law —

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN MERCANTILE LAW

May 18, 2020

UP Law Center I. Carlo and Bianca met in the La Boracay festivities. Immediately, they fell in love with each other and got married soon after. They have been cohabiting blissfully as husband and wife, but they did not have any offspring. As the years passed by, Carlo decided to take out an insurance on… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN MERCANTILE LAW

— Civil Law —

Heirs of Macalalad v. Rural Bank of Pola, Inc. and Register of Deeds of Oriental Mindoro G.R. No. 200899, June 20, 2018 Innocent Purchaser In Good Faith and For Value, Presidential Decree (P.D.) 1529

May 15, 2020

FACTS: Paz Macalalad filed a Complaint for “Declaration of Nullity of TCT No. T-117484” alleging that she is the sole surviving legal heir of one Leopoldo Constantino, Jr., who owned a parcel of land, registered under TCT No. RT-124 (T-45233).  After the death of Leopoldo, it was made to appear that the latter sold the… Read More Heirs of Macalalad v. Rural Bank of Pola, Inc. and Register of Deeds of Oriental Mindoro G.R. No. 200899, June 20, 2018 Innocent Purchaser In Good Faith and For Value, Presidential Decree (P.D.) 1529

— Remedial Law —

GENESIS INVESTMENT v. HEIRS OF CEFERINO EBARASABA GR No. 181622, Nov. 20, 2013 B.P. Blg. 129, Actions Incapable of Pecuniary Estimation, RTC-Jurisdiction

May 5, 2020

FACTS: Respondents filed a Complaint for “Declaration of Nullity of Documents, Recovery of Shares, Partition, Damages and Attorney’s Fees” against herein petitioners.   Petitioners filed a Motion to Dismiss contending, among others, that the RTC has no jurisdiction to try the case on the ground that, as the case involves title to or possession of real… Read More GENESIS INVESTMENT v. HEIRS OF CEFERINO EBARASABA GR No. 181622, Nov. 20, 2013 B.P. Blg. 129, Actions Incapable of Pecuniary Estimation, RTC-Jurisdiction

— Remedial Law —

Tan, Jr. v. CA, G.R. No. 136368 January 16, 2002 Retroactive Application of Procedural Laws

May 4, 2020

FACTS: Jaime C. Tan executed a deed of absolute sale over the property in question in favor of spouses Jose and Estrella Magdangal.  Simultaneously, they entered into another agreement giving Tan one (1) year within which to redeem or repurchase the property. Tan failed to redeem the property until his death on January 4, 1988.… Read More Tan, Jr. v. CA, G.R. No. 136368 January 16, 2002 Retroactive Application of Procedural Laws

— Remedial Law —

RUSSELL, et al., v. VESTIL G.R. No. 119347 March 17, 1999 B.P. Blg. 129, RTC Jurisdiction, Actions Incapable of Pecuniary Estimation

May 4, 2020

FACTS: Petitioners filed a complaint against private respondents, denominated “DECLARATION OF NULLITY AND PARTITION,” with the RTC, alleging that petitioners are co-owners of that parcel of land [Lot 6149], previously owned by the spouses Tautho. Upon the death of said spouses, the property was inherited by their legal heirs, herein petitioners and private respondents. Since then,… Read More RUSSELL, et al., v. VESTIL G.R. No. 119347 March 17, 1999 B.P. Blg. 129, RTC Jurisdiction, Actions Incapable of Pecuniary Estimation

— Remedial Law —

Republic v. Bantigue Point Dev’t Corp., G. R. No. 162322 : March 14, 2012 B.P. Blg. 129 or the Judiciary Reorganization Act, Jurisdiction in Cadastral Cases, Laches

May 3, 2020

FACTS: Respondent Bantigue filed with the RTC of Rosario, Batangas an application for original registration of title over a parcel of land with a total assessed value of P14,920 for the entire property. Petitioner Republic filed its Opposition to the application for registration while the records were still with the RTC. The RTC Clerk of… Read More Republic v. Bantigue Point Dev’t Corp., G. R. No. 162322 : March 14, 2012 B.P. Blg. 129 or the Judiciary Reorganization Act, Jurisdiction in Cadastral Cases, Laches

— Remedial Law —

Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction

May 2, 2020

FACTS: Michael Sebastian and Annabel Lagmay Ng were sweethearts. While Annabel was working in Hongkong, she sent Michael the amount of P350,000.00 to purchase a truck, as their investment. However, after Annabel and Michael’s relationship had ended, Michael allegedly refused to return the money to Annabel, prompting the latter to bring the matter before the… Read More Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction