Month: April 2021

— Civil Law —

Maglasang v. Heirs of Cabatingan G.R. No. 131953 June 5, 2002 Donation Mortis Causa, Succession

April 10, 2021

FACTS: On February 17, 1992, Conchita Cabatingan executed in favor of her brother, petitioner Nicolas Cabatingan, a “Deed of Conditional of Donation (sic) Inter Vivos for House and Lot” covering Conchita’s  house and lot located in Cebu. Four (4) other deeds of donation were subsequently executed by Conchita Cabatingan on January 14, 1995, bestowing upon: … Read More Maglasang v. Heirs of Cabatingan G.R. No. 131953 June 5, 2002 Donation Mortis Causa, Succession

— Constitutional Law, Political Law —

PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

April 9, 2021

FACTS: Petitioner Philippine Association of Service Exporters, Inc. (PASEI), is a firm “engaged principally in the recruitment of Filipino workers, male and female, for overseas placement.”  In this petition for certiorari and prohibition, PASEI challenges the Constitutional validity of Department Order No. 1, Series of 1988, [GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO… Read More PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

— Constitutional Law, Political Law —

Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

April 8, 2021

FACTS: As a requisite to membership, the Aquila Legis, a fraternity organized in the Ateneo Law School, held its initiation rites on February 8, 9 and 10, 1991, for students interested in joining its ranks. As a result of such initiation rites, Leonardo “Lennie” H. Villa, a first year student of petitioner university, died of… Read More Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

— Legal Ethics —

Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

April 7, 2021

FACTS: Complainant Roberto P. Mabini, and his wife, Mercedes, bought the property of Regina Alamares, identified as Lot No. 1959, (OCT No. 251) located in Daraga, Albay.  Regina made known to complainant and Mercedes that said title was lost but its duplicate certificate may be secured from the Register of Deeds. Later, the RD of… Read More Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

— Remedial Law —

San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

April 6, 2021

FACTS: Helen Kalalo had been a dealer of beer products since 1998. She had a credit overdraft arrangement with petitioner SMC whereby, prior to the delivery of beer products, she would be required to issue two checks to petitioner: a blank check and a check to be filled up with an amount corresponding to the… Read More San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

— Taxation —

University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation

April 5, 2021

FACTS: Petitioner UPSI-MI, a domestic corporation, filed its Annual Income Tax Return (ITR) for the year 2006, reflecting an income tax overpayment of 5,159,341.00. In the following year, UPSI-MI changed its taxable period from calendar year to fiscal year ending on the last day of March. It filed on November 14, 2007 an Annual ITR… Read More University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation

— Remedial Law —

Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

April 4, 2021

FACTS: Petitioner BSP filed a Complaint for annulment of title, revocation of certificate and damages (with application for TRO/writ of preliminary injunction) against Secretary Jose L. Atienza, Jr., respondent Feliciano P. Legaspi, et al. The RTC issued an Order mandating the issuance of preliminary injunction, enjoining defendants Engr. Ramon C. Angelo, Jr. and Legaspi, and… Read More Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

— Criminal Law —

Mariano v. People G.R. No. 224102, July 26, 2017 – J. Leonen, Justifying Circumstances, Defense of a Stranger

April 3, 2021

FACTS: On July 22, 2010, at around 9:45 p.m., Yuki Rivera punched Frederick Natividad’s head thinking that Natividad would tell Yuki’s aunt that he was selling marijuana. Natividad went to Yuki’s house to report the punching. At Yuki’s house, Natividad met petitioner Ryan Mariano and his common-law wife, Pamela. Later, Mariano stabbed Natividad twice, once… Read More Mariano v. People G.R. No. 224102, July 26, 2017 – J. Leonen, Justifying Circumstances, Defense of a Stranger

— Civil Law —

IN RE: PETITION FOR ADOPTION OF JAN AUREL MAGHANOY BULAYO G.R. No. 205752, October 01, 2019 R.A. No. 8552

April 2, 2021

FACTS: Spouses Mary Jane B. Kimura, a Filipino married Yuichiro Kimura, a Japanese national on June 12, 2004. Prior thereto, petitioner Mary Jane gave birth to her son Jan Aurel on November 24, 1997. However, she was not married to her son’s biological father, Jun Baldoza, thus making Jan Aurel her illegitimate child.  On March… Read More IN RE: PETITION FOR ADOPTION OF JAN AUREL MAGHANOY BULAYO G.R. No. 205752, October 01, 2019 R.A. No. 8552

— Criminal Law —

Regalado v. People G. R. No. 216632, March 13, 2019 – J. Leonen, Sec. 21, R.A. 10640, Illegal Possession of Dangerous Drugs

April 1, 2021

FACTS: On December 17, 2002, a team of five police officers led by SPO2 Peñascosas, with designated poseur-buyer PO1 Pedrigal, conducted a buy-bust operation. At around 2:00 p.m. that day, PO1 Pedrigal went to Augusto Regalado’s house and asked Regalado’s wife, Marilyn, “Meron kayo ngayon, bibili ako?” Regalado was not home, hence, Marilyn asked her… Read More Regalado v. People G. R. No. 216632, March 13, 2019 – J. Leonen, Sec. 21, R.A. 10640, Illegal Possession of Dangerous Drugs