Month: April 2021

— Constitutional Law, Political Law —

Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

April 30, 2021

FACTS: Petitioner is an economist working with the Asian Development Bank (ADB).  Sometime in 1994, for allegedly uttering defamatory words against fellow ADB worker Joyce Cabal, he was charged before the MeTC with two counts of grave oral defamation.  Petitioner was arrested by virtue of a warrant issued by the MeTC. After fixing petitioner’s bail,… Read More Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

— Criminal Law —

Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law

April 29, 2021

FACTS: On October 8, 1992 then President Fidel V. Ramos issued Administrative Order No. 13 creating the Presidential Ad Hoc Fact-Finding Committee on Behest Loans, in view of allegations of loans, guarantees, and other forms of financial accommodations granted, directly or indirectly, by government-owned and controlled bank or financial institutions, at the behest, command, or… Read More Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law

— Legal Ethics —

Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics

April 28, 2021

FACTS: Atty. Melvin D.C. Mane (complainant) charged Judge Medel Arnaldo B. Belen (respondent), Presiding Judge of Branch 36, RTC Calamba City, of “demean[ing], humiliat[ing] and berat[ing]” him during the hearing of Civil Case No. 3514-2003-C, in which he was counsel for the plaintiff. To prove his claim, complainant cited the remarks made by respondent in… Read More Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics

— Civil Law —

Sps. Solitarios and Torda v. Sps. Jaque G.R. No. 199852 November 12, 2014 Equitable Mortgage

April 27, 2021

FACTS: The subject property, Lot No. 4089, is a parcel of agricultural land originally registered in the name of petitioner Felipe Solitarios under OCT No. 1249, and, thereafter, in the name of the respondents, spouses Gaston and Lilia Jaque, under Transfer Certificate of Title (TCT) No. 745. In spite of the sale, Sps. Jaque, supposedly… Read More Sps. Solitarios and Torda v. Sps. Jaque G.R. No. 199852 November 12, 2014 Equitable Mortgage

— Constitutional Law, Criminal Law —

People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

April 26, 2021

FACTS: In an Information was filed charging Nicomedes Fabro, Francisco Dimalanta, Amado Alcala, William Hoge and a certain “John Doe” with the murder of Dionisio Joaquin. According to the prosecution, Dionisio Joaquin, the victim, was one of organizers of a strike by workers on the premises of the Casa Blanca.  At about 6:00 P.M. on… Read More People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

— Political Law —

Gamboa v. Cruz G.R. No. L-56291 June 27, 1988 Constitutional Rights of the Accused

April 25, 2021

FACTS: On 19 July 1979, at about 7:00 o’clock in the morning, petitioner Christopher Gamboa was arrested for vagrancy, without a warrant of arrest. Petitioner was thereafter brought to Precinct 2, Manila, where he was booked for vagrancy and then detained therein together with several others. The following day, during the lineup of five (5)… Read More Gamboa v. Cruz G.R. No. L-56291 June 27, 1988 Constitutional Rights of the Accused

— Civil Law, Remedial Law —

Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

April 23, 2021

FACTS: The civil cases before the RTC involved two (2) parcels of land identified as Lot 1 and Lot 2, both of which are portions of a parcel of land previously registered in the name of Luis A. Pujalte. Plaintiffs-appellants Roberto S. Sylianteng and Caesar S. Sylianteng (“appellants”) base their claim of ownership over the… Read More Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

— Taxation —

CIR v. Michel J. Lhuillier Pawnshop, Inc. G.R. No. 150947, July 15, 2003 Rule-making Power of the Commissioner

April 22, 2021

FACTS: On 11 March 1991, CIR Jose U. Ong issued Revenue Memorandum Order (RMO) No. 15-91 classifying pawnshops as lending investors and therefore imposing a 5% lending investor’s tax on pawnshops. This RMO was clarified by Revenue Memorandum Circular (RMC) No. 43-91 on 27 May 1991. Pursuant to these issuances, the BIR issued an Assessment… Read More CIR v. Michel J. Lhuillier Pawnshop, Inc. G.R. No. 150947, July 15, 2003 Rule-making Power of the Commissioner

— Civil Law —

Van Dorn v. Romillo G.R. No. L-68470 October 8, 1985 Nationality Principle, Foreign Divorce

April 21, 2021

FACTS: Petitioner Alice Reyes Van Dorn, a citizen of the Philippines and private respondent, Richard Upton, a citizen of the United States were married in Hongkong in 1972.  After the marriage, they established their residence in the Philippines and had two children.  The parties were divorced in Nevada, United States, in 1982 and petitioner has… Read More Van Dorn v. Romillo G.R. No. L-68470 October 8, 1985 Nationality Principle, Foreign Divorce