Author: pinayjurist

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— Constitutional Law, Political Law —

ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

June 10, 2021

FACTS: On May 25, 2010, then Acting DOJ Secretary Alberto C. Agra issued the assailed DOJ Circular No. 41, which consolidated DOJ Circular Nos. 17 and 18. DOJ Circular No. 17 prescribes the rules and regulations governing the issuance of Hold Departure Orders (HDOs), while DOJ Circular No. 18 prescribes the rules and regulations governing… Read More ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

— Constitutional Law —

Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

June 7, 2021

FACTS: On September 11, 2013, Benhur K. Luy, Merlina P. Sunas, Gertrudes K. Luy, Nova Kay Badal Macalintal, Elena S. Abundo and Avelina C. Lingo (whistleblowers) executed their Pinagsamang Sinumpaang Salaysay in which they revealed the details of the Pork Barrel Scam that involved the misuse or illegal diversion by certain legislators of their allocations… Read More Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

— Criminal Law —

People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

June 5, 2021

FACTS: Having boarded a motor banca owned by Epimaco Mola, together with other passengers bound for Talicud Island, Davao, and once the motor banca was in the middle of the sea and when it developed engine trouble, the accused, conspiring together and helping one another, with intent to steal the motor banca and by means… Read More People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

— Constitutional Law, Political Law —

Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

June 4, 2021

FACTS:  Petitioner CESB granted to its officials and employees various monetary benefits in CY 2002 and CY 2003 pursuant to Section 2, Article V of the Collective Negotiation Agreement it had entered into with the Samahan ng Kawaning Nagkakaisasa Diwa, Gawa at Nilalayon (SANDIGAN), a duly accredited organization of its employees. Upon post-audit, respondent the… Read More Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

— Civil Law —

Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable

May 31, 2021

FACTS: On October 22, 1933, Ignacio Daquer, married to Fernanda Abela, applied for a homestead patent grant over Lot No. H-19731, situated at Brgy. Corong-Corong, Centro, Bacuit, Palawan. Daquer lodged Homestead Application No. 197317 before the Bureau of Lands, now Land Management Bureau. On September 3, 1936, the Provincial Environment and Natural Resources Officer, by… Read More Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable

— Constitutional Law, Political Law —

Balag v. Senate G.R. No. 234608 July 03, 2018 Power of Contempt of the Senate during Inquiries in Aid of Legislation

May 30, 2021

FACTS: On September 17, 2017, Horacio Castillo III,a first year law student of the UST, died allegedly due to hazing conducted by the Aegis Juris Fraternity. On September 19, 2017, SR No. 504,was filed by Senator Zubiri condemning the death of Horacio III and directing the appropriate Senate Committee to conduct an investigation, in aid… Read More Balag v. Senate G.R. No. 234608 July 03, 2018 Power of Contempt of the Senate during Inquiries in Aid of Legislation

— Criminal Law —

People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape

May 29, 2021

FACTS: Complainant Minda V. Reyes testified that in the evening of August 5, 1966, she attended the coronation ceremony held at the St. Mary’s College in Nueva Vizcaya where she was then a 4th year BSE Student. The affair ended at about 11:30 in the evening, and she left the school with her boyfriend Augusto… Read More People of the Philippines v. Pastores,et al G.R. No. L-29800, August 31, 1971 Rape

— Constitutional Law, Criminal Law, Political Law —

Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

May 25, 2021

FACTS: Philip A. Pichay was convicted by final judgment of four counts of libel. In lieu of imprisonment, he was sentenced to pay a fine in the amount of P6,000.00 for each count of libel and 1 Million Pesos as moral damages. This Decision became final and executory on 1 June 2009.  On 9 October… Read More Ty-Delgado v. HRET G.R. 219603 January 26, 2016 Libel, Malice, Moral Turpitude, Grave Abuse of Discretion, Election Code

— Criminal Law —

People v. Ubay G.R. No. L-17616 May 30, 1962 Prescription of Offenses, Unjust Vexation

May 19, 2021

FACTS: On the complaint of Michaela B. de Magadia, an information was filed docketed as Criminal Case No. 6751, for Trespass to Dwelling, against the accused Felipe Abuy. On arraignment, the accused Abuy pleaded not guilty, and the case was thereafter tried. During trial, the prosecution moved for the dismissal of the case, on the… Read More People v. Ubay G.R. No. L-17616 May 30, 1962 Prescription of Offenses, Unjust Vexation

— Criminal Law —

People v. Sendaydiego G.R. Nos. L-33252-54. January 20, 1978 Falsification as a means to Commit a Crime

May 18, 2021

FACTS: Licerio P. Sendaydiego, the provincial treasurer of Pangasinan, in conspiracy with Juan Samson, an employee of a lumber and hardware store in Dagupan City, and with Anastacio Quirimit, the provincial auditor, as an accomplice, used six (6) forged provincial vouchers in order to embezzle from the road and bridge fund the total sum of… Read More People v. Sendaydiego G.R. Nos. L-33252-54. January 20, 1978 Falsification as a means to Commit a Crime