Month: January 2021

— Criminal Law —

Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries

January 11, 2021

FACTS: On May 11, 2002, Jayson Dela Cruz and Roldan, his older brother, both minors, joined the evening procession for the Santo Niño.  When the procession passed in front of the petitioner George Bongalon’s house, the latter’s daughter Mary Ann Rose, also a minor, threw stones at Jayson and called him “sissy”.  Petitioner confronted Jayson… Read More Bongalon v. People, G.R. No. 169533, March 20, 2013 R.A. No. 7610, Child Abuse, Slight Physical Injuries

— Criminal Law, Remedial Law —

Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

January 10, 2021

FACTS: AAA and Esteban Donato Reyes were married and have four children, of whom only three are living, and who are all now of legal ages. Reyes was seldom at home since he used to render military service as a Philippine Air Force pilot, then as a commercial pilot for the Philippine Airlines, and later… Read More Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

— Civil Law, Remedial Law —

Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

January 9, 2021

FACTS: Respondent Marlyn Nite took out a loan of P409,000 from petitioner SIncere Villanueva and secured it with an Asian Bank Corporation (ABC) check in the amount of P325,500 dated February 8, 1994. The date was later changed to June 8, 1994 with the consent and concurrence of petitioner. The check was dishonored due to… Read More Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

— Remedial Law —

Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

January 8, 2021

FACTS: George Leonard S. Umale (petitioner) and Canoga Park Development Corporation entered into a Contract of Lease whereby the petitioner agreed to lease an 860sqm prime lot owned by the respondent.  Before the lease contract expired, the respondent filed an unlawful detainer case against the petitioner on the ground of petitioner’s violation of stipulations in… Read More Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

— Remedial Law —

Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC

January 7, 2021

FACTS: A boundary dispute arose between the Municipality of Kananga and the City of Ormoc. By agreement, the parties submitted the issue to amicable settlement by a joint session of the Sangguniang Panlungsod of Ormoc City and the Sangguniang Bayan of Kananga. No amicable settlement was reached. Hence, a resolution was issued certifying that the… Read More Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC

— Constitutional Law, Political Law —

DOTC v. Sps. Abecina, GR 206484, Jan 29, 2016 Eminent Domain, State Immunity from Suit

January 6, 2021

FACTS: Respondent spouses Vicente and Maria Cleofe Abecina are the registered owners of the subject five parcels of land located in Jose Panganiban, Camarines Norte.  In 1993, the DOTC and Digitel entered into several Facilities Management Agreements (FMA) for Digitel to manage, operate, maintain, and develop the Regional Telecommunications Development Project (RTDP) under the National… Read More DOTC v. Sps. Abecina, GR 206484, Jan 29, 2016 Eminent Domain, State Immunity from Suit

— Constitutional Law, Political Law —

Binamira v. Garrucho G.R. No. 92008 July 30, 1990 Appointment v. Designation

January 3, 2021

FACTS: The petitioner received the following communication addressed to him by the Minister of Tourism on April 7, 1986: MEMORANDUM TO: MR. RAMON P. BINAMIRA You are hereby designated General Manager of the Philippine Tourism Authority, effective immediately. By virtue hereof, you may qualify and enter upon the performance of the duties of the office.… Read More Binamira v. Garrucho G.R. No. 92008 July 30, 1990 Appointment v. Designation

— Constitutional Law, Political Law —

People v. Lagman and Sosa 66 Phil 13 G.R. No. L-45892 July 13, 1938 Philippine Constitution, Principles and Policies

January 2, 2021

FACTS: Appellants Tranquilino Lagman and Primitivo de Sosa are charged with a violation of Sec. 60 of Commonwealth Act No. 1, known as the National Defense Law. It is alleged that these two appellants, being Filipinos and having reached the age of twenty years in 1936, willfully and unlawfully refused to register in the military… Read More People v. Lagman and Sosa 66 Phil 13 G.R. No. L-45892 July 13, 1938 Philippine Constitution, Principles and Policies