Author: pinayjurist

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— Constitutional Law, Remedial Law —

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

October 3, 2021

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

September 22, 2021

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

September 18, 2021

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

September 16, 2021

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

September 11, 2021

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

September 7, 2021

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

September 4, 2021

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

— Legal Ethics —

ANG v. BELARO, A.C. No. 12408, December 11, 2019 Code of Professional Responsibility, The 2004 Rules on Notarial Practice

September 3, 2021

FACTS: The late Peregrina Dela Rosa (Peregrina) owned a parcel of land with a building erected thereon which is covered by TCT No. 528991 situated in Quezon City. In 1982, she appointed complainant Venson Ang as administrator of the subject property. Upon Peregrina’s demise on November 24, 2002, the property was inherited by Venson and… Read More ANG v. BELARO, A.C. No. 12408, December 11, 2019 Code of Professional Responsibility, The 2004 Rules on Notarial Practice

— Civil Law —

PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

August 29, 2021

FACTS: Petitioner is a private corporation and the registered owner of Lot 4523 situated in Liloan, Cebu, with an area of 22,214 square meters.  Adjacent to the lot of petitioner are parcels of land, identified to be Lot 4527, Lot 4528, and Lot 4529 with a total combined area of 3,751 square meters.  The above… Read More PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

— Criminal Law, Remedial Law —

People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

August 23, 2021

FACTS: In an Information, George Marciales (Marciales), Orly Nabia (Nabia), Paul Pobre (Pobre), and a certain alias “Jun” (Jun) were charged with robbery with homicide, under Article 294(1) of the RPC, as follows: That on or about the 22nd of June 2000, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction… Read More People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution