Author: pinayjurist

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— 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

— Criminal Law —

Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

August 20, 2021

FACTS: On July 15, 1999, P/SInsp. Ipil H. Dueñas of the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF) filed an Application for Search Warrant before Branch 22 of the RTC, Cebu City, to search the premises of [appellant’s] residence at J. Labra St., Guadalupe, Cebu City and seize the following items. One (1) 7.62… Read More Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

— Criminal Law —

Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

August 18, 2021

FACTS: On December 20, 2006 at about 3:00 a.m., while he was walking on his way home, and after he had passed by Reginald Fuentes’ house where some merrymaking had been ongoing, Mark Reynald Marasigan felt someone throw an object at him from behind. Turning around, he saw Fuentes, who, upon noticing that he had… Read More Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

— Criminal Law —

Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

August 16, 2021

FACTS: A complaint was filed by a “Concerned Citizen of Sarangani Province” with the Office of the Ombudsman-Mindanao against Mary Ann Gadian, Amelia Carmela Zoleta, both assigned to the Office of the Vice-Governor, and a certain Sheryll Desiree Tangan, from the Office of the Sangguniang Panlalawigan, for their alleged participation in the scheme of giving… Read More Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

— Remedial Law —

Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information

August 14, 2021

FACTS: Petitioner was originally charged in an information for the crime of frustrated murder allegedly committed as follows: That on or about the 13th day of July 1991, in the Municipality of Makati, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a handgun, with intent to… Read More Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information