Constitutional Law, Political Law

Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

FACTS: In an order dated April 5, 1994, the lower court granted Tessie Amadeos motion for the issuance of a writ of execution against the DPWH to satisfy her unpaid claim after the government won the expropriation case involving her property. Following the anomalous implementation of the writ of execution,the court sheriff was dismissed from… Read More Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

Legal Ethics

Macarubbo v. Macarubbo, RE: PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO. Adm. Case No. 6148, January 22, 2013

FACTS: In the Decision1 dated February 27, 2004, the Court disbarred respondent from the practice of law for having contracted a bigamous marriage with complainant Florence Teves and a third marriage with one Josephine Constantino while his first marriage to Helen Esparza was still subsisting, which acts constituted gross immoral conduct in violation of Canon… Read More Macarubbo v. Macarubbo, RE: PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO. Adm. Case No. 6148, January 22, 2013

Constitutional Law, Political Law

ABAD v. DELA CRUZ G.R. No. 207422, March 18, 2015 J. Leonen, Civil Service Commission

FACTS: Mayor Jaime R. Fresnedi appointed Herminio Dela Cruz as City Assessor of the City Government of Muntinlupa in a permanent capacity on December 28, 2006. The City Assessor is given the item of City Government Department Head III. In Resolution No. 06-361, majority of the members of the Sangguniang Panlungsod of the City Government… Read More ABAD v. DELA CRUZ G.R. No. 207422, March 18, 2015 J. Leonen, Civil Service Commission

Constitutional Law, Remedial Law

Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

FACTS: In an Information dated September 19, 2013, Marvin Cruz, along with seven (7) others, was charged with Robbery in an Uninhabited Place and by a Band for unlawfully taking four (4) sacks filled with scraps of bronze metal and a copper pipe worth ₱72,000.00 collectively. Cruz posted bail through a cash bond in the… Read More Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

Legal Ethics

RE: Complaint-affidavit of Elvira N. Enalbes, Rebecca H. Angeles and Estelita B. Ocampo Against former Chief Justice Teresita J. Leonardo-de Castro [RET.] J. Leonen, A.M. No. 18-11-09-SC, January 22, 2019

FACTS: A complaint was filed by Elvira N. Enalbes, Rebecca H. Angeles, and Estelita B. Ocampo against former Chief Justice Teresita J. Leonardo-De Castro, charging her with gross ignorance of the law, gross inefficiency, gross misconduct, gross dishonesty, and conduct prejudicial to the best interest of the service. In their Complaint-Affidavit, complainants state that Spouses… Read More RE: Complaint-affidavit of Elvira N. Enalbes, Rebecca H. Angeles and Estelita B. Ocampo Against former Chief Justice Teresita J. Leonardo-de Castro [RET.] J. Leonen, A.M. No. 18-11-09-SC, January 22, 2019

Civil Law, Remedial Law

Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

FACTS: Petitioners Sofia Tabuada et al commenced an action to declare the nullity of a mortgage and damages against respondents Spouses Certeza, Eleanor Tabuada, Trabuco and Redondo. The complainant included a prayer for a temporary restraining order (TRO) and for the issuance of the writ of preliminary injunction. Petitioner testified that her late husband Simeon… Read More Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

Constitutional Law, Political Law

Falcis v. Civil Registrar General J. Leonen, G.R. No. 217910, September 3, 2019 Judicial Review, Facial Challenge

FACTS: Nicardo M. Falcis III filed pro se before this Court a Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure, to “declare Articles 1 and 2 of the Family Code as unconstitutional and, as a consequence, nullify Articles 46(4) and 55(6) of the Family Code.” Falcis argues that… Read More Falcis v. Civil Registrar General J. Leonen, G.R. No. 217910, September 3, 2019 Judicial Review, Facial Challenge

Remedial Law

Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

FACTS: A complaint-affidavit was filed by Juno Cars, Inc. for qualified theft and estafa against Alfredo Mendoza, alleging that it hired Alfredo as Trade-In/Used Car Supervisor; that on November 19, 2007, its Dealer/Operator, Rolando Garcia, conducted a partial audit of the used cars and discovered that five (5) cars had been sold and released by… Read More Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

Mercantile Law, Remedial Law

BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

FACTS: An Information was filed before the RTC of Pasig City against Antonio Choa, then president and general manager of Camden Industries, Inc. for violation of P.D. No. 115, or the Trust Receipts Law. BDO alleged that Choa misappropriated, misapplied and converted to his own personal use and benefit the said goods and/or the proceeds… Read More BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

Constitutional Law, Remedial Law

Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

FACTS: On April 2, 2009, the Regional Office of the DENR Environmental Management Bureau-Region III (EMB-RIII) filed a complaint before the DENR’s Pollution Adjudication Board (PAB) charging MWSS and its concessionaires, Maynilad and Manila Water, with failure to provide, install, operate, and maintain adequate Wastewater Treatment Facilities (WWTFs) for sewerage system resulting in the degraded… Read More Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law