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.
— Constitutional Law, Political Law —

Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

October 29, 2020

FACTS: On September 12, 2007, the Sandiganbayan convicted former President Estrada for the crime of plunder, and sentenced him to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification. On October 25, 2007, however, former President Gloria Macapagal Arroyo extended executive clemency,… Read More Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

— Constitutional Law —

Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

October 27, 2020

FACTS: In his sworn letter/complaint, Antero J. Pobre invites the Court’s attention to the following excerpts of Senator Miriam Defensor-Santiago’s speech delivered on the Senate floor: x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am humiliated, debased, degraded. And I… Read More Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

— Constitutional Law —

Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

October 27, 2020

FACTS: In a fit of anger, Baguan M. Mamiscal  decided to divorce his wife Adelaidah, by repudiating her. The repudiation was embodied in an agreement (kapasadan) signed by Mamiscal and Adelaidah. A few days later, during the obligatory period of waiting (‘iddah), Mamiscal had a change of heart and decided to make peace with his… Read More Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

— Constitutional Law —

Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

October 26, 2020

FACTS: Respondent Chule Y. Lim filed a petition for correction of entries under Rule 108 of the Rules of Court with the RTC.  In her petition, respondent claimed that she was born on October 29, 1954 in Buru-an, Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal Civil Registrar of… Read More Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

— Criminal Law —

CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

October 24, 2020

Crimes Against National Security and Law of Nation Treason [Article 114] Committed by: A Filipino citizen An Alien residing in the Philippines (A person who owes allegiance to the Philippines whether perpetual or temporary) **It is a war crime. It cannot be committed in times of peace. How Committed: *Levy war against the Philippines *Adhere… Read More CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

— Remedial Law —

PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

October 20, 2020

FACTS:  Flight Attendants and Stewards Association of the Philippines (FASAP) and Leonardo Bhagwani filed a complaint for unfair labor practice, illegal suspension and illegal dismissal against petitioners before the Labor Arbiter of NLRC. The Labor Arbiter ruled against PAL, and, consequently, ordered the payment of damages. The NLRC later modified the decision by setting aside… Read More PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

— Civil Law —

Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

October 20, 2020

FACTS: Respondents Zenaida Guinto-Aldana, her siblings, nephews and nieces, filed an Application for Registration of Title over two pieces of land in Talango, Pamplona Uno, Las Piñas City.  These lands, identified as Lot No. 4 and Lot No. 5 measure 1,509 square meters and 4,640 square meters, respectively. Respondents professed themselves to be co-owners of… Read More Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

— Bar Q & A, Criminal Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX

October 16, 2020

CRIMINAL LAW  I. Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo’s house. Rafael knew about Roberto’s… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CRIMINAL LAW UP LAW COMPLEX