Author: pinayjurist

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— Criminal Law, Remedial Law —

People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

May 5, 2021

FACTS: On February 19, 1996, Felix Taylaran, a farmhand of Castor Guden, asked for permission not to work because it was raining and he had to go to the store of Teodorico Mante. At 4:00 p.m., Felix returned to Castor Guden’s house with bruises on his face and injuries all over his body. He told… Read More People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

— Civil Law —

Morisono v. Morisono G.R. No. 226013, July 2, 2018 Foreign Divorce Decree, Article 26 (2) of the Family Code

May 4, 2021

FACTS: Luzviminda Morisono was married to private respondent Ryoji Morisono in Quezon City on December 8, 2009. Thereafter, they lived together in Japan for one year and three months but were not blessed with a child.  During their married life, they would constantly quarrel mainly due to Ryoji’s philandering ways, in addition to the fact… Read More Morisono v. Morisono G.R. No. 226013, July 2, 2018 Foreign Divorce Decree, Article 26 (2) of the Family Code

— Civil Law —

Cabales v. Cabales G.R. No. 162421 August 31, 2007 The Right of Legal Redemption

May 3, 2021

FACTS: Rufino Cabales died on July 4, 1966 leaving to his wife Saturnina and children Bonifacio, Albino, Francisco, Leonora, Alberto and petitioner Rito, a 5,714-sqm parcel of land. On July 26, 1971, brothers and co-owners Bonifacio, Albino and Alberto sold the subject property to Dr. Cayetano Corrompido for ₱2,000.00, with right to repurchase within eight… Read More Cabales v. Cabales G.R. No. 162421 August 31, 2007 The Right of Legal Redemption

— Taxation —

NIPPON EXPRESS (PHILIPPINES) CORPORATION v. CIR G.R. No. 191495 July 23, 2018 VAT

May 2, 2021

FACTS: On March 30, 2005, petitioner Nippon Express filed an application for tax credit of its excess/unused input taxesattributable to zero-rated sales for the taxable year 2004 in the total amount of ₱27,828,748.95.By reason of the inaction by the BIR, Nippon Express subsequently filed a Petition for Review before the CTA. In its Answer, respondent… Read More NIPPON EXPRESS (PHILIPPINES) CORPORATION v. CIR G.R. No. 191495 July 23, 2018 VAT

— Labor Law —

San Miguel Corporation Supervisors and Exempt Union v. Laguesma G.R. No. 110399 August 15, 1997 Appropriate Bargaining Unit, Confidential Employees, Mutuality of Interests Doctrine

May 1, 2021

FACTS: Petitioner union filed before the DOLE a for Certification Election among the supervisors and exempt employees of the SMC Magnolia Poultry Products Plants of Cabuyao, San Fernando and Otis. On December 19, 1990, Med-Arbiter Danilo L. Reynante issued an Order to conduct a certification election among the supervisors and exempt employees of the SMC… Read More San Miguel Corporation Supervisors and Exempt Union v. Laguesma G.R. No. 110399 August 15, 1997 Appropriate Bargaining Unit, Confidential Employees, Mutuality of Interests Doctrine

— Constitutional Law, Political Law —

Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

April 30, 2021

FACTS: Petitioner is an economist working with the Asian Development Bank (ADB).  Sometime in 1994, for allegedly uttering defamatory words against fellow ADB worker Joyce Cabal, he was charged before the MeTC with two counts of grave oral defamation.  Petitioner was arrested by virtue of a warrant issued by the MeTC. After fixing petitioner’s bail,… Read More Liang (Huefeng) v. People G.R. No. 125865 January 28, 2000 Immunity from Suit

— Criminal Law —

Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law

April 29, 2021

FACTS: On October 8, 1992 then President Fidel V. Ramos issued Administrative Order No. 13 creating the Presidential Ad Hoc Fact-Finding Committee on Behest Loans, in view of allegations of loans, guarantees, and other forms of financial accommodations granted, directly or indirectly, by government-owned and controlled bank or financial institutions, at the behest, command, or… Read More Salvador v. Mapa G.R. No. 135080 November 28, 2007 Ex Post Facto Law

— Legal Ethics —

Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics

April 28, 2021

FACTS: Atty. Melvin D.C. Mane (complainant) charged Judge Medel Arnaldo B. Belen (respondent), Presiding Judge of Branch 36, RTC Calamba City, of “demean[ing], humiliat[ing] and berat[ing]” him during the hearing of Civil Case No. 3514-2003-C, in which he was counsel for the plaintiff. To prove his claim, complainant cited the remarks made by respondent in… Read More Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics

— Civil Law —

Sps. Solitarios and Torda v. Sps. Jaque G.R. No. 199852 November 12, 2014 Equitable Mortgage

April 27, 2021

FACTS: The subject property, Lot No. 4089, is a parcel of agricultural land originally registered in the name of petitioner Felipe Solitarios under OCT No. 1249, and, thereafter, in the name of the respondents, spouses Gaston and Lilia Jaque, under Transfer Certificate of Title (TCT) No. 745. In spite of the sale, Sps. Jaque, supposedly… Read More Sps. Solitarios and Torda v. Sps. Jaque G.R. No. 199852 November 12, 2014 Equitable Mortgage

— Constitutional Law, Criminal Law —

People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused

April 26, 2021

FACTS: In an Information was filed charging Nicomedes Fabro, Francisco Dimalanta, Amado Alcala, William Hoge and a certain “John Doe” with the murder of Dionisio Joaquin. According to the prosecution, Dionisio Joaquin, the victim, was one of organizers of a strike by workers on the premises of the Casa Blanca.  At about 6:00 P.M. on… Read More People v. Fabro G.R. No. 95089 August 11, 1997 Conspiracy, Treachery, Evident Premeditation, Confession, Constitutional RIghts of the Accused