Author: pinayjurist

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— Remedial Law —

Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

August 15, 2020

WRIT OF AMPARO ––      The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018) ––      The respondent who is a public… Read More Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

— Criminal Law —

People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt

August 14, 2020

FACTS: AAA, a housemaid, was invited by accused Carlito Claro who was then working as a security guard near AAA’s place of work, to meet at Augusto San Francisco Street, Sta. Ana Manila. There, they proceeded on board a passenger jeepney to the Jollibee restaurant in Rizal Avenue. Thereafter, they proceeded to Aroma Motel. Upon… Read More People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt

— Criminal Law —

People v. Lol-lo and Saraw G.R. No. 17958 February 27, 1922 Piracy, Jurisdiction

August 11, 2020

FACTS: On or about June 30, 1920, two boats left Matuta, a Dutch possession. In the second boat were eleven men, women, and children, all subjects of Holland.  At about 7 o’clock in the evening, between the Islands of Buang and Bukid in the Dutch East Indies, the said boat was surrounded by six vintas… Read More People v. Lol-lo and Saraw G.R. No. 17958 February 27, 1922 Piracy, Jurisdiction

— Constitutional Law, Political Law —

US v. ELIODORO B. GUINTO GR No. 76607, February 26, 1990 Doctrine of State Immunity, “the Royal Prerogative of Dishonesty”

August 10, 2020

FACTS: These cases have been consolidated because they all involve the doctrine of state immunity. The United States of America was not impleaded in the complaints below but has moved to dismiss on the ground that they are in effect suits against it to which it has not consented. It is now contesting the denial… Read More US v. ELIODORO B. GUINTO GR No. 76607, February 26, 1990 Doctrine of State Immunity, “the Royal Prerogative of Dishonesty”

— Criminal Law —

Ysidoro v. People G.R. No. 192330 November 14, 2012 Technical Malversation

August 9, 2020

FACTS: The Municipal Social Welfare and Development Office (MSWDO) of Leyte operated a Core Shelter Assistance Program (CSAP) that provided construction materials to indigent calamity victims with which to rebuild their homes. The beneficiaries provided the labor needed for construction. When construction for calamity victims in Sitio Luy-a, Barangay Tinugtogan, was 70% done, the beneficiaries… Read More Ysidoro v. People G.R. No. 192330 November 14, 2012 Technical Malversation

— Criminal Law —

Patulot v. People G.R. No. 235071, January 7, 2019 R.A. No. 7610, Child Abuse

August 5, 2020

FACTS: On November 14, 2012, CCC gathered clothes from the clothesline outside her house. As she was about to enter the house, she was surprised to see Evangeline Patulot there, holding a casserole. Without warning, Patulot poured the contents of the casserole – hot cooking oil – on her.  AAA , a three year old… Read More Patulot v. People G.R. No. 235071, January 7, 2019 R.A. No. 7610, Child Abuse

— Remedial Law —

Peregrina v. Panis G.R. No. 56011. October 31, 1984 Conciliation Process at the Barangay Level, Condition Precedent for the Filing of Complaint

August 4, 2020

FACTS: Sps. Procopio and Carmelita Sanchez filed a civil action for damages for alleged disrespect for the dignity, privacy and peace of mind of the SPOUSES under Article 26 of the Civil Code, and for alleged defamation under Article 33 of the same Code against petitioners Elmer, Adelaida and Cecilia, all surnamed Peregrina, is The… Read More Peregrina v. Panis G.R. No. 56011. October 31, 1984 Conciliation Process at the Barangay Level, Condition Precedent for the Filing of Complaint

— Civil Law —

Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

August 2, 2020

FACTS: The subject lot located in Kalibo, is registered in the name of Ana O. Peralta. Upon her demise, her property passed on to her brother, Jose Peralta, who caused registration of the same in his name.  Jose later had the property divided into Lots 2076-A and 2076-B, and sold the latter portion. Lot 2076-A,… Read More Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title