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.
— Remedial Law —

PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

August 25, 2020

Disputable presumptions Presumption in favor of conjugality Presumption of authenticity and due execution Presumption of good faith Presumption of sound mind Presumption of validity Presumption of innocence of the accused Presumption of authenticity and due execution Concept —A presumption is an assumption of fact resulting from a rule of law which requires such fact to… Read More PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

— Criminal Law —

INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

August 24, 2020

FACTS: Petitioner Sulpicio Intod and his companions, Mandaya, Pangasian, Tubio and Daligdig had a meeting with Aniceto Dumalagan. He told Mandaya that he wanted Palangpangan to be killed because of a land dispute between them and that Mandaya should accompany the four (4) men, otherwise, he would also be killed. At about 10:00 o’clock in… Read More INTOD v. CA G.R. No. 103119. October 21, 1992 Impossible Crime, Factual Impossibility, Legal Impossibility

— Bar Q & A, Civil Law —

Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

August 23, 2020

A contract of carriage generates a relation attended with public duty, neglect or malfeasance of the carrier’s employees and gives ground for an action for damages. The liability of common carriers under Article 1759 is demanded by the duty of extraordinary diligence required of common carriers in safely carrying their passengers. On the other hand,… Read More Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

— Criminal Law —

PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

August 22, 2020

FACTS: On Christmas Day of 1990, at around 4:00 P.M., Luzviminda, the 14-year old daughter of the victim testified that she was playing with her siblings at home, when she was asked by her mother to fetch her father, Jaime Ballesteros, who was then watching a game in the basketball court. On her way, Luzviminda… Read More PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

— Criminal Law —

People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

August 20, 2020

FACTS: Raymundo Zamora  went home for breakfast after driving his tricycle. He found Francisca Talaro, Lolito Aquino, Renato Ramos, and Norberto Adviento talking under a santol tree in front of his house.  He went near the group and he learned that his aunt, Francisca, was transacting with the other three accused-appellants for the killing of… Read More People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

— Constitutional Law, Political Law —

EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

August 20, 2020

No private property shall be taken for public use without just compensation; ideally, just compensation should be immediately paid to the property owner so that he may derive income from this compensation, in the same manner that he would have derived income from his property; if full compensation is not paid, the State must make… Read More EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

— Corporation Law, Mercantile Law —

Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

August 18, 2020

FACTS: Redmont, a domestic corporation, took interest in mining and exploring certain areas of the province of Palawan. However, the areas where it wanted to undertake exploration and mining activities were already covered by Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra, Tesoro and McArthur. Redmont filed with the DENR three (3) separate petitions… Read More Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

— Political Law, Remedial Law —

CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

August 17, 2020

FACTS: Petitioner Chamber of Real Estate and Builders’ Association, Inc. (CREBA) is a non-stock, non-profit corporation, with almost 4,500 members, comprising of developers, brokers, appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the housing and real estate business. The ERC is a quasi-judicial and quasi-legislative regulatory body, as an administrative… Read More CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue