Author: pinayjurist

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— Criminal Law —

People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

April 27, 2020

FACTS: The victim was a 73-year-old widow, who lived on her own although she frequently slept at the house of her cousin Alberto, because accused-appellant had been harassing her and threatening her because she once reprimanded him after she caught him stealing fruits from her property. One day, the victim told Alberto that she was… Read More People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

— Legal Ethics —

GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

April 27, 2020

FACTS: Franco Gonzales contended that on September 23, 2010, a Deed of Absolute Sale covering three parcels of land was executed between his mother, Lilia, as the seller, and Flordeliza Soriano, as the buyer. Surprisingly, the name and signature of his father, Rodolfo, were found in the document despite the fact that he was in… Read More GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

— Civil Law —

TAN v. VALERIANO G.R. No. 185559, August 02, 2017 Abuse of Rights, Malicious Prosecution

April 26, 2020

FACTS: On 4 January 2001, the Holy Name Society held a multi-sectoral consultative conference at the Bulan Parish Compound, where Romeo H. Valeriano, the president of the religious organization, delivered a welcome address.  In his address, Valeriano allegedly lambasted certain local officials of Bulan, Sorsogon, specifically petitioners, who were Municipal Councilors, one Antonio Gilana and… Read More TAN v. VALERIANO G.R. No. 185559, August 02, 2017 Abuse of Rights, Malicious Prosecution

— Criminal Law —

People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

April 20, 2020

FACTS: On 24 January 2004, at around 8:00 in the evening, private complainant AAA, a saleslady in a public market, was waiting for her cousin when Appellant, who worked in a fish stall in the market, approached her and offered to take her to her aunt’s house where she resided. AAA agreed since her cousin… Read More People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

— Remedial Law —

Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

April 20, 2020

FACTS: Francisco Entierro died intestate and left behind the subject property with an area of 39,577 sqm, covered by TCT No. T-10273. Francisco’s spouse, Basilia, and legitimate children, (Basilia, et al.), executed a Deed of Sale with Declaration of Heirship, declaring themselves to be Francisco’s only heirs who inherited the subject property; and thereby sold… Read More Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

— Remedial Law —

Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability

April 19, 2020

FACTS: Petitioner Magdalena Villasi engaged the services of respondent Fil-Garcia Construction, Inc. (FGCI) to construct a seven-storey condominium building located in Cubao, QC. For failure of Villasi to fully pay the contract price despite several demands, FGCI initiated a suit for collection of sum of money before the RTC. FGCI prayed, among others, for the… Read More Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability

— Legal Ethics —

LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

April 15, 2020

FACTS: Jun B. Luna filed a foreclosure case against one Jose Calvario alleging that Calvario borrowed P100,000.00 from Luna, and the loan was secured by a Deed of Real Estate Mortgage over a parcel of land in Quezon Province.  Due to non-payment of the loan, Luna filed the Complaint praying for payment of the obligation… Read More LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

— Criminal Law —

People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]

April 14, 2020

FACTS: On February 10, 2005, a confidential informant tipped SPO1 Mirasol that a certain Asaw, later identified as Acub, had been selling illegal drugs at Ayer Village.  A buy-bust operation against Asaw was thus planned. PO2 Cordero acted as the poseur-buyer, with PO3 Ajuji as back-up. Upon arriving at Ayer Village, the informant talked to… Read More People v. Gajir Acub a.k.a. “Asaw” G.R. No. 220456, June 10, 2019 R.A. 9165, Chain of Custody, Accused-Appellant Acquitted [J. Leonen]