Month: August 2020

— Labor Law —

People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

August 31, 2020

FACTS: The RTC convicted the appellant of the crimes of illegal recruitment in large scale and five (5) counts of estafa committed against complainants Airene Etac, Jowel A. Baja, Joemar Aquino, Luis M. Bernardo and Anthony M. Canlas. He exacted money from them for the plane ticket, hotel accommodation, processing of visa and placement fees. … Read More People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

— Civil Law —

Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

August 30, 2020

FACTS: Petitioners Leoncia and Gaudioso Balogbog are the children of Basilio Balogbog and Genoveva Arzibal who died intestate in 1951 and 1961, respectively. They had an older brother, Gavino, who predeceased their parents. Private respondents Ramonito and Generoso Balogbog brought an action for partition and accounting against petitioners, claiming that they were the legitimate children… Read More Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

— Civil Law —

Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony

August 29, 2020

FACTS: Petitioner Mercedita Mata Arañes charged respondent judge with Gross Ignorance of the Law. Respondent Judge Salvador M. Occiano, is the Presiding Judge of the MTC of Balatan, Camarines Sur. Petitioner alleges that respondent judge solemnized her marriage to her late groom Dominador B. Orobia without the requisite marriage license and at Nabua, Camarines Sur… Read More Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony

— Criminal Law —

People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause

August 27, 2020

FACTS: On May 21, 1970, at nine o’clock in the evening, Asuncion Pablo Ulep died as a result of physical injuries inflicted upon her by her husband, accused Macario Ulep.  The following day, the Chief of Police received a report of the said death of Asuncion who allegedly died of a heart attack.  The Chief… Read More People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause

— Remedial Law —

PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

August 25, 2020

Disputable presumptions Presumption in favor of conjugality Presumption of authenticity and due execution Presumption of good faith Presumption of sound mind Presumption of validity Presumption of innocence of the accused Presumption of authenticity and due execution Concept —A presumption is an assumption of fact resulting from a rule of law which requires such fact to… Read More PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

— Criminal Law —

INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

August 24, 2020

FACTS: Petitioner Sulpicio Intod and his companions, Mandaya, Pangasian, Tubio and Daligdig had a meeting with Aniceto Dumalagan. He told Mandaya that he wanted Palangpangan to be killed because of a land dispute between them and that Mandaya should accompany the four (4) men, otherwise, he would also be killed. At about 10:00 o’clock in… Read More INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

— Bar Q & A, Civil Law —

Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

August 23, 2020

A contract of carriage generates a relation attended with public duty, neglect or malfeasance of the carrier’s employees and gives ground for an action for damages. The liability of common carriers under Article 1759 is demanded by the duty of extraordinary diligence required of common carriers in safely carrying their passengers. On the other hand,… Read More Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

— Criminal Law —

PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

August 22, 2020

FACTS: On Christmas Day of 1990, at around 4:00 P.M., Luzviminda, the 14-year old daughter of the victim testified that she was playing with her siblings at home, when she was asked by her mother to fetch her father, Jaime Ballesteros, who was then watching a game in the basketball court. On her way, Luzviminda… Read More PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation