Month: October 2020

— Civil Law —

Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

October 20, 2020

FACTS: Respondents Zenaida Guinto-Aldana, her siblings, nephews and nieces, filed an Application for Registration of Title over two pieces of land in Talango, Pamplona Uno, Las Piñas City.  These lands, identified as Lot No. 4 and Lot No. 5 measure 1,509 square meters and 4,640 square meters, respectively. Respondents professed themselves to be co-owners of… Read More Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

— Bar Q & A, Criminal Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

October 16, 2020

CRIMINAL LAW  I. Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX

October 13, 2020

CIVIL LAW  I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later,… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX

— Civil Law —

Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith

October 10, 2020

Cancellation of titles — Petitioner’s claim is anchored on a sale of the property to her predecessor-in-interest and not on any filiation with the original owner; this Court has stated that no judicial declaration of heirship is necessary in order that an heir may assert his or her right to the property of the deceased.… Read More Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith

— Remedial Law —

Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action

October 9, 2020

FACTS: Plaintiff (Ceroferr Realty) filed with the RTC, a complaint against defendant Ernesto D. Santiago praying that Santiago and his agents: be enjoined from – claiming possession and ownership over Lot No. 68 of the Tala Estate Subdivision, QC,; be prevented from making use of the vacant lot as a jeepney terminal; and be ordered… Read More Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action

— Remedial Law —

Recent Rulings on BAIL

October 8, 2020

People v. Tanes April 3, 2019 G.R. No. 240596 The right to bail is recognized in the Bill of Rights, as stated in Section 13, Article III of the Constitution: SEC. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by… Read More Recent Rulings on BAIL

— Labor Law —

SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations

October 7, 2020

FACTS: Bernabe Baya filed a complaint for illegal/constructive dismissal against AMSFC and DFC before the NLRC.  Baya alleged that he had been employed by AMSFC since February 5, 1985, and from then on, worked his way to a supervisory rank on September 1, 1997. As a supervisor, Baya joined the union of supervisors, and eventually,… Read More SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations

— Constitutional Law, Political Law —

Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

October 6, 2020

FACTS: Congressman Sergio Osmeña, Jr., in a privilege speech delivered before the House, made the serious imputations of bribery against the President.  A special committee, composed of Congressman Salapida K. Pendatun and fourteen other congressmen, was created by virtue of House Resolution No. 59, to investigate the truth of the charges against the President. Osmeña… Read More Osmena v. Pendatun G.R. No. L-17144 October 28, 1960 Parliamentary Doctrine of Separation of Powers, Power of the Legislature to discipline its Members for Disorderly Behavior

— Civil Law —

Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership

October 5, 2020

FACTS: Respondent Norma Leuenberger inherited Lot No. 140, a sugar land located in Bo. Madaniog, Victorias, Negros Occidental from her grandmother, Simeona J. Vda. de Ditching.  In 1963, she discovered that the parcel of land, more or less 4 ha. or 33,747 sq.m. used by Petitioner Municipality of Victorias, as a cemetery from 1934, is… Read More Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership