Month: November 2021

— Remedial Law —

Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

November 21, 2021

FACTS: On 25 July 1996, NBI Agent Dominador Samiano, Jr. filed several applications for search warrants in the RTC against Maxicorp for alleged copyright infringement under Section 29 of PD 49 and unfair competition under Article 189 of the RPC. To support these charges, petitioners presented the testimonies of NBI Agent Samiano, computer technician Pante,… Read More Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

— Constitutional Law, Remedial Law —

People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

November 16, 2021

FACTS: Arnel Alicando was charged with the crime of rape with homicide  for having carnal knowledge with Khazie Mae Penecilla, a four year old. The victim suffered asphyxia by strangulation, fractured cervical vertebra and lacerations of the vaginal and rectal openings causing profuse hemorrhages and other injuries which are necessarily fatal and which were the… Read More People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

— Constitutional Law, Remedial Law —

People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

November 9, 2021

FACTS: On November 17, 1986, police officer Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused Yolanda Gesmundo. Luciano saw the accused selling marijuana to his civilian informer by the door outside the house of the accused. Immediately thereafter, that same day Luciano applied for a search warrant. Later… Read More People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

— Political Law —

GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

November 5, 2021

Case digest by: MA. VICTORIA O. HORA Nature: Petition for Prohibition STATEMENT OF THE CASE: Petitioner Gios-Samar, Inc., represented by its Chairperson Gerardo M. Malinao (Petitioner) filed before the Supreme Court a Petition for Prohibition (Petition) invoking the Doctrine of Transcendental Importance of the issue, assailing the constitutionality of the bundling of the Projects by… Read More GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine