Author: pinayjurist

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— Civil Law —

Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

October 2, 2020

The Family Code (E.O. NO. 209), As Amended by R.A. NO. 9255 Article 26 –– In this case, We find that Par. 2 of Art. 26 violates one of the essential requisites of the equal protection clause; particularly, the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is… Read More Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

— Criminal Law —

People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

October 1, 2020

FACTS: Silvestre Romana, wife of Domingo Joaquin, cohabited with co-defendant Martin Atienza in the barrio of Masocol, municipality of Paombong, Bulacan.  Domingo Joaquin filed a complaint for adultery. The two acused begged the municipal president of Paombong to to urge Domingo to withdraw the complaint. They promised to discontinue cohabitation, and not to live again… Read More People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

— Remedial Law —

Republic v. Hon. Ramon S. Caguioa, et al. G.R. No. 174385 February 20, 2013 Relaxation of Procedural Rules for Compelling Reasons, Due Process

September 30, 2020

FACTS: Lower court petitioners composed of importers and traders duly licensed to operate inside the Subic Special Economic and Freeport Zone (SSEFZ) filed before the respondent judge a petition for declaratory relief with prayer for TRO and preliminary mandatory injunction against the Secretary of Finance, et al., seeking to nullify the implementation of Section 6… Read More Republic v. Hon. Ramon S. Caguioa, et al. G.R. No. 174385 February 20, 2013 Relaxation of Procedural Rules for Compelling Reasons, Due Process

— Statutory Construction —

STATUTORY CONSTRUCTION Interpretative Regulations, Lex Specialis Derogat Generali, Plain and Unambiguous Statutes

September 30, 2020

Defect of vagueness –– A statute or act suffers from the defect of vagueness when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application; it is repugnant to the Constitution in two (2) respects: 1) it violates due process for failure to accord… Read More STATUTORY CONSTRUCTION Interpretative Regulations, Lex Specialis Derogat Generali, Plain and Unambiguous Statutes

— Remedial Law —

Recent Rulings on [Conclusiveness of Judgment, Harmless Error Rule, Doctrine of Immutability of Judgments, Judgment on Compromise, Finality of Judgment, Execution of Judgment]

September 29, 2020

Annulment of judgment, as provided for in Rule 47, is based only on the grounds of extrinsic fraud and lack of jurisdiction; jurisprudence, however, recognizes lack of due process as an additional ground to annul a judgment; it is unlike a motion for reconsideration, appeal or even a petition for relief from judgment, because annulment… Read More Recent Rulings on [Conclusiveness of Judgment, Harmless Error Rule, Doctrine of Immutability of Judgments, Judgment on Compromise, Finality of Judgment, Execution of Judgment]

— Civil Law —

Recent Rulings on SALES

September 27, 2020

Concept and elements –– Art. 1458 of the Civil Code describes a contract of sale as a transaction by which “one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent”; the elements of… Read More Recent Rulings on SALES

— Civil Law —

Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage

September 26, 2020

FACTS: Karl Heinz Wiegel filed for the declaration of Nullity of his marriage with herein petitioner Lilia Oliva Wiegel on the ground of Lilia’s previous existing marriage to one Eduardo A. Maxion.  Lilia, while admitting the existence of said prior subsisting marriage claimed that said marriage was null and void, she and the first husband… Read More Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage

— Remedial Law —

Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

September 24, 2020

FACTS: Respondent Ma. Lourdes Sienes filed a case for illegal dismissal and damages against petitioner alleging that her retrenchment was discriminatory and without basis. Petitioner argued that respondent was retrenched as part of its cost-cutting measures in order to prevent further losses. The Labor Arbiter issued a Decision dismissing the case. Aggrieved, respondent filed an… Read More Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

— Remedial Law —

Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

September 22, 2020

JURISDICTION OF METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS: Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts,… Read More Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019