Author: pinayjurist

I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Political Law —

Gamboa v. Cruz G.R. No. L-56291 June 27, 1988 Constitutional Rights of the Accused

April 25, 2021

FACTS: On 19 July 1979, at about 7:00 o’clock in the morning, petitioner Christopher Gamboa was arrested for vagrancy, without a warrant of arrest. Petitioner was thereafter brought to Precinct 2, Manila, where he was booked for vagrancy and then detained therein together with several others. The following day, during the lineup of five (5)… Read More Gamboa v. Cruz G.R. No. L-56291 June 27, 1988 Constitutional Rights of the Accused

— Civil Law, Remedial Law —

Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

April 23, 2021

FACTS: The civil cases before the RTC involved two (2) parcels of land identified as Lot 1 and Lot 2, both of which are portions of a parcel of land previously registered in the name of Luis A. Pujalte. Plaintiffs-appellants Roberto S. Sylianteng and Caesar S. Sylianteng (“appellants”) base their claim of ownership over the… Read More Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

— Taxation —

CIR v. Michel J. Lhuillier Pawnshop, Inc. G.R. No. 150947, July 15, 2003 Rule-making Power of the Commissioner

April 22, 2021

FACTS: On 11 March 1991, CIR Jose U. Ong issued Revenue Memorandum Order (RMO) No. 15-91 classifying pawnshops as lending investors and therefore imposing a 5% lending investor’s tax on pawnshops. This RMO was clarified by Revenue Memorandum Circular (RMC) No. 43-91 on 27 May 1991. Pursuant to these issuances, the BIR issued an Assessment… Read More CIR v. Michel J. Lhuillier Pawnshop, Inc. G.R. No. 150947, July 15, 2003 Rule-making Power of the Commissioner

— Civil Law —

Van Dorn v. Romillo G.R. No. L-68470 October 8, 1985 Nationality Principle, Foreign Divorce

April 21, 2021

FACTS: Petitioner Alice Reyes Van Dorn, a citizen of the Philippines and private respondent, Richard Upton, a citizen of the United States were married in Hongkong in 1972.  After the marriage, they established their residence in the Philippines and had two children.  The parties were divorced in Nevada, United States, in 1982 and petitioner has… Read More Van Dorn v. Romillo G.R. No. L-68470 October 8, 1985 Nationality Principle, Foreign Divorce

— Criminal Law, Remedial Law —

People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

April 20, 2021

FACTS: On December 3, 1998, SPO2 Paglicawan and SPO3 Yuzon received a message from the Barangay Captain of Ambil Island, Looc, that a suspicious looking boat was seen somewhere within the vicinity of said island.  The police officers immediately headed towards the specified location wherein they spotted a fishing boat and a speedboat anchored side… Read More People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

— Civil Law, Remedial Law —

Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

April 19, 2021

FACTS: On 4 May 1979, petitioner Luis Uy filed a Complaint for Declaration of Nullity of Documents with Damages against respondents Petra Rosca and spouses Jose Lacsamana and Rosaura Mendoza (Sps. Lacsamana). Uy alleged that he was the lawful husband of Rosca, and that they lived together as husband and wife from the time they… Read More Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

— Criminal Law, Remedial Law —

Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

April 18, 2021

FACTS: Shortly after the adjournment of the day’s session in Congress, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives (HOR) in the Batasan Complex which led to the death of Congressman Wahab Akbar, and four others, and the inflicting of serious injuries on seven other Representatives. The… Read More Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

— Remedial Law —

Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

April 17, 2021

FACTS: Remedio Flores filed a complaint against Ignacio Binongcal for refusing to pay the amount of P11,643.00 representing cost of truck tires which he purchased on credit from petitioner. The second cause of action was against respondent Fernando Calion for allegedly refusing to pay the amount of P10,212.00 representing cost of truck tires which he… Read More Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

— Criminal Law —

People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor

April 16, 2021

FACTS: Amado Capina had been courting Avelina Jaurigue in vain. On September 13, 1942, while Avelina was feeding a dog under her house, Amado approached her and spoke to her of his love, which she flatly refused, and he thereupon suddenly embraced and kissed her and touched her breasts, on account of which Avelina, resolute… Read More People v. Jaurigue C.A. No. 384 February 21, 1946 Defense of Honor