Month: April 2021

— Criminal Law, Remedial Law —

People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

April 20, 2021

FACTS: On December 3, 1998, SPO2 Paglicawan and SPO3 Yuzon received a message from the Barangay Captain of Ambil Island, Looc, that a suspicious looking boat was seen somewhere within the vicinity of said island.  The police officers immediately headed towards the specified location wherein they spotted a fishing boat and a speedboat anchored side… Read More People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

— Civil Law, Remedial Law —

Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

April 19, 2021

FACTS: On 4 May 1979, petitioner Luis Uy filed a Complaint for Declaration of Nullity of Documents with Damages against respondents Petra Rosca and spouses Jose Lacsamana and Rosaura Mendoza (Sps. Lacsamana). Uy alleged that he was the lawful husband of Rosca, and that they lived together as husband and wife from the time they… Read More Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

— Criminal Law, Remedial Law —

Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

April 18, 2021

FACTS: Shortly after the adjournment of the day’s session in Congress, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives (HOR) in the Batasan Complex which led to the death of Congressman Wahab Akbar, and four others, and the inflicting of serious injuries on seven other Representatives. The… Read More Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

— Remedial Law —

Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

April 17, 2021

FACTS: Remedio Flores filed a complaint against Ignacio Binongcal for refusing to pay the amount of P11,643.00 representing cost of truck tires which he purchased on credit from petitioner. The second cause of action was against respondent Fernando Calion for allegedly refusing to pay the amount of P10,212.00 representing cost of truck tires which he… Read More Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

— Criminal Law —

People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor

April 16, 2021

FACTS: Amado Capina had been courting Avelina Jaurigue in vain. On September 13, 1942, while Avelina was feeding a dog under her house, Amado approached her and spoke to her of his love, which she flatly refused, and he thereupon suddenly embraced and kissed her and touched her breasts, on account of which Avelina, resolute… Read More People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor

— Civil Law, Remedial Law —

Samelo v. Manotok Services G.R. No. 170509, June 27, 2012 Tacita Reconduccion / Implied Lease, Unlawful Detainer

April 15, 2021

FACTS: Manotok Services, Inc. (respondent) alleged that it is the administrator of a parcel of land known as Lot 9-A, Block 2913, located in Tondo, Manila.  On January 31, 1997, the respondent entered into a contract with the petitioner Viegely Samelo for the lease of a portion of said lot, described as Lot 4, Block… Read More Samelo v. Manotok Services G.R. No. 170509, June 27, 2012 Tacita Reconduccion / Implied Lease, Unlawful Detainer

— Legal Ethics, Remedial Law —

Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

April 14, 2021

FACTS: Respondent Director Celedonio Agrava of the Philippines Patent Office (PPO) issued a circular announcing that he had scheduled for an examination for the purpose of determining who are qualified to practice as patent attorneys before the PPO.  The said examination to cover patent law and jurisprudence and the rules of practice before said office.… Read More Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

— Civil Law —

Calilim-Canullas v. Fortun G.R. No. 57499. June 22, 1984 Property Relations Between Husband and Wife, Void and Inexistent Contracts

April 13, 2021

FACTS: Petitioner MERCEDES Calimlim-Canullas and FERNANDO Canullas, married and had five children. They lived in a house on the residential land in question, with an area of approximately 891 sqms, located in Pangasinan.  In 1978, FERNANDO abandoned his family to live with private respondent Corazon DAGUINES. They were later convicted of concubinage, which judgment has… Read More Calilim-Canullas v. Fortun G.R. No. 57499. June 22, 1984 Property Relations Between Husband and Wife, Void and Inexistent Contracts

— Criminal Law, Remedial Law —

Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

April 12, 2021

FACTS: In April 2005, PNB submitted to the Anti-Money Laundering Council (AMLC) a series of suspicious transaction reports involving  the transfer by Livelihood Corporation (LIVECOR) to Molugan Foundation (Molugan) a total amount of ₱172.6 million in a span of 15 months from 2004 to 2005; the transfer by LIVECOR of ₱40 million to Assembly of… Read More Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

— Taxation —

CIR v. Arnoldus Carpentry Shop G.R. No. 71122 March 25, 1988 Tax Exemption

April 11, 2021

FACTS: Private respondent Arnoldus Carpentry Shop, Inc., a domestic corporation which has been in existence since 1960, has for its secondary purpose the “preparing, processing, buying, selling, exporting, importing, manufacturing, trading and dealing in furniture, cabinets and other woodwork locally and abroad. Private respondent kept samples or models of its woodwork on display from where… Read More CIR v. Arnoldus Carpentry Shop G.R. No. 71122 March 25, 1988 Tax Exemption