Author: pinayjurist

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— Civil Law —

Licaros v. Gatmaitan G.R. No. 142838, August 9, 2001 Subrogation v. Assignment of Credit

January 5, 2024

FACTS: The Anglo-Asean is a private bank registered and organized to do business under the laws of the Republic of Vanuatu but not in the Philippines. Its business consists primarily in receiving fund placements by way of deposits from investors and investing such deposits in money market placements and potentially profitable capital ventures in Hongkong,… Read More Licaros v. Gatmaitan G.R. No. 142838, August 9, 2001 Subrogation v. Assignment of Credit

— Legal Ethics —

Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

January 4, 2024

FACTS: Leticia Gonzales filed a petition before the Integrated Bar of the Philippines (IBP) alleging that:  She was the complainant in a case for sum of money and damages (Civil Case No. 1-56) filed before the MTCC where she was represented by the law firm CABUCANA LAW OFFICE, with Atty. Edmar Cabucana handling the case… Read More Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

— Civil Law —

Pereña v. Zarate G.R. No. 157917, August 29, 2012 Contract of Transportation, Carriage of Passengers, Common Carriers

January 3, 2024

FACTS: The Pereñas were engaged in the business of transporting students using a KIA Ceres Van from their respective residences in Parañaque City to Don Bosco in Makati City, and back.  They employed Clemente Alfaro as driver of the van. Spouses Nicolas and Teresita Zarate contracted the Pereñas to transport their son Aaron to and… Read More Pereña v. Zarate G.R. No. 157917, August 29, 2012 Contract of Transportation, Carriage of Passengers, Common Carriers

— Criminal Law, Remedial Law —

Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

January 2, 2024

FACTS: On April 16, 2010, PO1 Ramos and company, of the San Pedro Municipal Police Station were conducting a monitoring and surveillance operation of persons involved in illegal drug activities in Barangay Cuyab, Gitna, San Pedro, Laguna, after receiving information that illegal drugs were being sold thereat rampantly. While walking towards an alley, PO1 Ramos… Read More Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

— Constitutional Law, Election Law, Political Law —

Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

December 20, 2023

FACTS: Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for President on December 17, 2003.  Respondent Commission on Elections (COMELEC) refused to give due course to petitioner’s Certificate of Candidacy in its Resolution No. 6558 dated January 17, 2004.  Petitioner moved for reconsideration. The COMELEC, acting on petitioner’s Motion for Reconsideration and on… Read More Pamatong v. COMELEC G.R. No. 161872, April 13, 2004 The “Equal Access” Provision, Nuisance Candidate, Declaration of Principles and State Policies

— Civil Law —

LIM v. STA. CRUZ-LIM G.R. No. 176464 February 4, 2010 Declaration of Nullity of Marriage, Psychological Incapacity

October 23, 2023

FACTS: Petitioner Edward N. Lim and respondent Maria Cheryl Sta. Cruz-Lim met in 1978 in Cebu, where petitioner, who resides in Makati City, spent a semestral break from college; and respondent was a boarder in petitioner’s uncle’s house.  After less than a year of courtship via long distance phone calls, petitioner and respondent became sweethearts… Read More LIM v. STA. CRUZ-LIM G.R. No. 176464 February 4, 2010 Declaration of Nullity of Marriage, Psychological Incapacity

— Civil Law, Remedial Law —

SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

September 20, 2023

FACTS: Bernie Santiago, claiming to be the biological father of Sofia, filed a petition with the RTC which sought to establish his paternity with Sofia and to have the City Civil Registrar of Marikina City correct some entries in Sofia’s Birth Certificate.  He averred that Sofia was the fruit of his romantic relationship with Magdalena… Read More SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

— Constitutional Law, Criminal Law —

People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

September 6, 2023

FACTS: Isaac Perez, the municipal secretary of Pilar, Sorsogon, and Fortunato Lodovice, a citizen of that municipality met and engaged in a discussion regarding the administration of Governor-General Wood, an executive official of the Philippines appointed by the President of the United States.  In the said discussion, Perez shouted a number of times: “The Filipinos,… Read More People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

— Civil Law, Remedial Law —

Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

September 5, 2023

FACTS: Two vehicles, one driven by respondent Mario Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the MCTC of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property,… Read More Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

— Civil Law, Special Proceedings —

In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

September 4, 2023

FACTS: Proceso de Guzman died on January 1, 1937, without leaving a will. The deceased was first married to Agatona Santos, with whom he had four children, named Nicolasa, Apolinario, Ana and Tomasa.  After Agatona’s death, the deceased contracted a second marriage with Angela Limcolioc, with whom he did not have any child. Nicolasa de… Read More In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person