Author: pinayjurist

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— Legal Ethics, Remedial Law —

Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

April 14, 2021

FACTS: Respondent Director Celedonio Agrava of the Philippines Patent Office (PPO) issued a circular announcing that he had scheduled for an examination for the purpose of determining who are qualified to practice as patent attorneys before the PPO.  The said examination to cover patent law and jurisprudence and the rules of practice before said office.… Read More Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

— Civil Law —

Calilim-Canullas v. Fortun G.R. No. 57499. June 22, 1984 Property Relations Between Husband and Wife, Void and Inexistent Contracts

April 13, 2021

FACTS: Petitioner MERCEDES Calimlim-Canullas and FERNANDO Canullas, married and had five children. They lived in a house on the residential land in question, with an area of approximately 891 sqms, located in Pangasinan.  In 1978, FERNANDO abandoned his family to live with private respondent Corazon DAGUINES. They were later convicted of concubinage, which judgment has… Read More Calilim-Canullas v. Fortun G.R. No. 57499. June 22, 1984 Property Relations Between Husband and Wife, Void and Inexistent Contracts

— Criminal Law, Remedial Law —

Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

April 12, 2021

FACTS: In April 2005, PNB submitted to the Anti-Money Laundering Council (AMLC) a series of suspicious transaction reports involving  the transfer by Livelihood Corporation (LIVECOR) to Molugan Foundation (Molugan) a total amount of ₱172.6 million in a span of 15 months from 2004 to 2005; the transfer by LIVECOR of ₱40 million to Assembly of… Read More Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

— Taxation —

CIR v. Arnoldus Carpentry Shop G.R. No. 71122 March 25, 1988 Tax Exemption

April 11, 2021

FACTS: Private respondent Arnoldus Carpentry Shop, Inc., a domestic corporation which has been in existence since 1960, has for its secondary purpose the “preparing, processing, buying, selling, exporting, importing, manufacturing, trading and dealing in furniture, cabinets and other woodwork locally and abroad. Private respondent kept samples or models of its woodwork on display from where… Read More CIR v. Arnoldus Carpentry Shop G.R. No. 71122 March 25, 1988 Tax Exemption

— Civil Law —

Maglasang v. Heirs of Cabatingan G.R. No. 131953 June 5, 2002 Donation Mortis Causa, Succession

April 10, 2021

FACTS: On February 17, 1992, Conchita Cabatingan executed in favor of her brother, petitioner Nicolas Cabatingan, a “Deed of Conditional of Donation (sic) Inter Vivos for House and Lot” covering Conchita’s  house and lot located in Cebu. Four (4) other deeds of donation were subsequently executed by Conchita Cabatingan on January 14, 1995, bestowing upon: … Read More Maglasang v. Heirs of Cabatingan G.R. No. 131953 June 5, 2002 Donation Mortis Causa, Succession

— Constitutional Law, Political Law —

PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

April 9, 2021

FACTS: Petitioner Philippine Association of Service Exporters, Inc. (PASEI), is a firm “engaged principally in the recruitment of Filipino workers, male and female, for overseas placement.”  In this petition for certiorari and prohibition, PASEI challenges the Constitutional validity of Department Order No. 1, Series of 1988, [GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO… Read More PASEI v. Drilon G.R. No. 81958 June 30, 1988 Police Power

— Constitutional Law, Political Law —

Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

April 8, 2021

FACTS: As a requisite to membership, the Aquila Legis, a fraternity organized in the Ateneo Law School, held its initiation rites on February 8, 9 and 10, 1991, for students interested in joining its ranks. As a result of such initiation rites, Leonardo “Lennie” H. Villa, a first year student of petitioner university, died of… Read More Ateneo de Manila University v. Capulong G.R. No. 99327 May 27, 1993 Academic Freedom

— Legal Ethics —

Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

April 7, 2021

FACTS: Complainant Roberto P. Mabini, and his wife, Mercedes, bought the property of Regina Alamares, identified as Lot No. 1959, (OCT No. 251) located in Daraga, Albay.  Regina made known to complainant and Mercedes that said title was lost but its duplicate certificate may be secured from the Register of Deeds. Later, the RD of… Read More Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

— Remedial Law —

San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

April 6, 2021

FACTS: Helen Kalalo had been a dealer of beer products since 1998. She had a credit overdraft arrangement with petitioner SMC whereby, prior to the delivery of beer products, she would be required to issue two checks to petitioner: a blank check and a check to be filled up with an amount corresponding to the… Read More San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

— Taxation —

University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation

April 5, 2021

FACTS: Petitioner UPSI-MI, a domestic corporation, filed its Annual Income Tax Return (ITR) for the year 2006, reflecting an income tax overpayment of 5,159,341.00. In the following year, UPSI-MI changed its taxable period from calendar year to fiscal year ending on the last day of March. It filed on November 14, 2007 an Annual ITR… Read More University Physicians Services Inc.-Management, Inc. (UPSI-MI) v. CIR, G.R. No. 205955, March 7, 2018 Irrevocability Rule, Carry Over Option, Tax Refund and Tax Credit Certificate in case of Overpayment of Taxes by a Corporation