Author: pinayjurist

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— 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

— Civil Law —

Republic v. Manalo April 24, 2018 G.R. No. 221029 Foreign Divorce Decree, Article 26 (2) Family Code

May 15, 2021

FACTS: Marelyn Tanedo Manalo filed a petition for cancellation of Entry of marriage in the Civil Registry of San Juan, Metro Manila, by virtue of a judgment of divorce rendered by a Japanese court. An Amended Petition which captioned that it is also a petition for recognition and enforcement of foreign judgment was later filed,… Read More Republic v. Manalo April 24, 2018 G.R. No. 221029 Foreign Divorce Decree, Article 26 (2) Family Code

— Constitutional Law, Political Law, Remedial Law —

SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

May 14, 2021

FACTS: Petitioners Social Justice Society (SJS), et al., in an original petition for mandamus under Rule 65, sought to compel respondent Hon. Jose L. Atienza, Jr., then mayor of the City of Manila, to enforce Ordinance No. 8027. This ordinance was enacted by the Sangguniang Panlungsod of Manila on November 20, 2001, approved by respondent… Read More SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

— Remedial Law —

UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

May 13, 2021

FACTS: A contract of lease was executed between Vipa Fernandez and Rafael Uy over a parcel of land for the amount of P3,000.00 per month, with a provision for a 10% increase every year thereafter. Vipa died and Grace Joy, Vipa’s daughter, became the de facto administrator of the estate of Vipa. In June 1998,… Read More UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

— Criminal Law, Remedial Law —

Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

May 12, 2021

FACTS: An Information was filed charging Rustico Abay, Jr., Reynaldo Darilag, Ramoncito Aban, Ernesto Ricalde, Ramon Punzalan, Ariston Reyes, Isagani Espeleta, Cesar Camacho, Leonardo Perello and Danilo Pascual with the crime of Highway Robbery/Brigandage. Thelma Andrade, a conductress of the Kapalaran Bus Line, testified that in the evening of February 17, 1994, the bus she… Read More Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

— Taxation —

CIR v. ISABELA CULTURAL CORP. G.R. No. 172231 February 12, 2007 All Events Test, Accrual Method of Accounting, Allowable Deductions

May 10, 2021

FACTS: On February 23, 1990, ICC, a domestic corporation, received from the BIR an Assessment Notice for deficiency income tax in the amount of P333,196.86 due to BIR’s disallowance of ICC’s claimed expense deductions for professional and security services billed to and paid by ICC in 1986, and the alleged understatement of ICC’s interest income… Read More CIR v. ISABELA CULTURAL CORP. G.R. No. 172231 February 12, 2007 All Events Test, Accrual Method of Accounting, Allowable Deductions

— Civil Law —

Coronel v. CA G.R. No. 103577 October 7, 1996 Contract of Sale, Contract to Sell, Double Sale 

May 8, 2021

FACTS: On January 19, 1985, defendants-appellants Romulo Coronel, et al. executed a document entitled “Receipt of Down Payment” (Exh. “A”) in favor of plaintiff Ramona Patricia Alcaraz subject of which is an inherited house and lot, covered by TCT No. 119627 in the total amount of P1,240,000.00. The conditions of the sale  were: 1. Ramona… Read More Coronel v. CA G.R. No. 103577 October 7, 1996 Contract of Sale, Contract to Sell, Double Sale 

— Civil Law —

Cuevas v. Cuevas G.R. No. L-8327 December 14, 1955 Donation

May 7, 2021

FACTS: On September 18, 1950, Antonina Cuevas executed a notarized conveyance entitled “Donacion Mortis Causa,” ceding to her nephew Crispulo Cuevas the northern half of a parcel of unregistered land in Nueva Ecija, thus: Dapat maalaman ni Crispulo Cuevas na samantalang ako ay nabubuhay, and lupa na ipinagkakaloob ko sa kaniya ay ako pa rin… Read More Cuevas v. Cuevas G.R. No. L-8327 December 14, 1955 Donation

— 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,