FACTS: Raymundo Zamora went home for breakfast after driving his tricycle. He found Francisca Talaro, Lolito Aquino, Renato Ramos, and Norberto Adviento talking under a santol tree in front of his house. He went near the group and he learned that his aunt, Francisca, was transacting with the other three accused-appellants for the killing of… Read More People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy
No private property shall be taken for public use without just compensation; ideally, just compensation should be immediately paid to the property owner so that he may derive income from this compensation, in the same manner that he would have derived income from his property; if full compensation is not paid, the State must make… Read More EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s
FACTS: Redmont, a domestic corporation, took interest in mining and exploring certain areas of the province of Palawan. However, the areas where it wanted to undertake exploration and mining activities were already covered by Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra, Tesoro and McArthur. Redmont filed with the DENR three (3) separate petitions… Read More Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule
FACTS: Petitioner Chamber of Real Estate and Builders’ Association, Inc. (CREBA) is a non-stock, non-profit corporation, with almost 4,500 members, comprising of developers, brokers, appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the housing and real estate business. The ERC is a quasi-judicial and quasi-legislative regulatory body, as an administrative… Read More CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue
WRIT OF AMPARO –– The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018) –– The respondent who is a public… Read More Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof
FACTS: AAA, a housemaid, was invited by accused Carlito Claro who was then working as a security guard near AAA’s place of work, to meet at Augusto San Francisco Street, Sta. Ana Manila. There, they proceeded on board a passenger jeepney to the Jollibee restaurant in Rizal Avenue. Thereafter, they proceeded to Aroma Motel. Upon… Read More People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt
FACTS: On or about June 30, 1920, two boats left Matuta, a Dutch possession. In the second boat were eleven men, women, and children, all subjects of Holland. At about 7 o’clock in the evening, between the Islands of Buang and Bukid in the Dutch East Indies, the said boat was surrounded by six vintas… Read More People v. Lol-lo and Saraw G.R. No. 17958 February 27, 1922 Piracy, Jurisdiction
FACTS: These cases have been consolidated because they all involve the doctrine of state immunity. The United States of America was not impleaded in the complaints below but has moved to dismiss on the ground that they are in effect suits against it to which it has not consented. It is now contesting the denial… Read More US v. ELIODORO B. GUINTO GR No. 76607, February 26, 1990 Doctrine of State Immunity, “the Royal Prerogative of Dishonesty”
FACTS: The Municipal Social Welfare and Development Office (MSWDO) of Leyte operated a Core Shelter Assistance Program (CSAP) that provided construction materials to indigent calamity victims with which to rebuild their homes. The beneficiaries provided the labor needed for construction. When construction for calamity victims in Sitio Luy-a, Barangay Tinugtogan, was 70% done, the beneficiaries… Read More Ysidoro v. People G.R. No. 192330 November 14, 2012 Technical Malversation
FACTS: On June 19, 1988, between 9:00 and 10:00 p.m., Jesus Mallo, Jr., accompanied by Amiel Malana, went to the house of Leticia Kummer. Mallo knocked at the front door with a stone and identified himself by saying, “Auntie, ako si Boy Mallo.” The petitioner opened the door and at this point, her son and… Read More KUMMER v. PEOPLE G.R. No. 174461, September 11, 2013 Motive