Constitutional Law, Political Law

CoTeSCUP v. Secretary of Education, G.R. 216930, October 2018 Enrolled Bill Doctrine, Political Question Doctrine, Expanded Definition of Judicial Power

FACTS: Before the enactment of the K to 12 Law, the Philippines was the only country in Asia and among the three remaining countries in the world that had a 10-year basic education program. To be at par with international standards and in line with the country’s commitment in Education for All 2015, the Philippine… Read More CoTeSCUP v. Secretary of Education, G.R. 216930, October 2018 Enrolled Bill Doctrine, Political Question Doctrine, Expanded Definition of Judicial Power

Constitutional Law, Political Law

Mayor Fernando v. St. Scholastica’s College, GR 16107, May 12, 2013 Police Power, Substantive Due Process, Local Government Code

FACTS: Respondent St. Scholastica’s College (SSC) is the owner of four (4) parcels of land measuring a total of 56,306.80 sqms. located in Marikina Heights, located within the property are St. Scholastica’s Academy-Marikina. The property is enclosed by a tall concrete perimeter fence built some thirty (30) years ago. Abutting the fence along the West… Read More Mayor Fernando v. St. Scholastica’s College, GR 16107, May 12, 2013 Police Power, Substantive Due Process, Local Government Code

Remedial Law

Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

FACTS: Maximo Enriquez, later substituted by his heirs (now respondents), filed with the a complaint for partition against petitioners, involving a parcel of land covered by TCT No. T-28593, with an area of 44,984 sqms. He alleged that he owns 10/18 undivided portion of the property, 9/18 by purchase and 1/18 by inheritance; and that… Read More Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has an assessed value… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

Constitutional Law, Political Law

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 of the Office of the President, entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy.… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

Criminal Law

Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

FACTS: Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich Ekkehard Geiling, a German national, were married before the Registrar of Births, Marriages and Deaths at Friedensweiler in the Federal Republic of Germany.  After about three and a half years of marriage, marital conflicts lead the private respondent obtained a decree of divorce… Read More Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989 Adultery

Constitutional Law

Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

FACTS: The petitioners owned a parcel of land with an area of 1,044 sqm. in Barangay Mauway, Mandaluyong City.  Half of their land they used as their residence, and the rest they rented out to nine other families. Allegedly, the land was their only property and only source of income. On October 2, 1997, the… Read More Sps. Yusay v. CA G.R. No. 156684 April 6, 2011 Power of Eminent Domain, Ordinance v. Resolution

Remedial Law

EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

FACTS: Eversley is a public health facility operated by the DOH primarily to administer care and treatment to leprosy patients. Since 1930, it has occupied a portion of a parcel of land denominated as Lot No. 1936 in Jagobiao, Mandaue City, Cebu. Spouses Barbarona allege that they are the owners of Lot No. 1936 by… Read More EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

Constitutional Law, Remedial Law

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause