Author: pinayjurist

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— Legal Ethics —

Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

March 22, 2020

FACTS: Spouses Florencio and Esther Causin filed a complaint against respondent RTC Judge Leonardo N. Demecillo, charging him with bias and partiality, violation of the Code of Judicial Conduct. The complaint stemmed from a 1994 case for quieting of title filed by Raul F. Lim, which was raffled off to the RTC, Branch 24, presided… Read More Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

— Corporation Law, Mercantile Law —

40 FREQUENTLY ASKED PROVISIONS OF THE REVISED CORPORATION CODE [Updated]

March 6, 2020

SECTION. 1. Title of the Code. – This Code shall be known as the “Revised Corporation Code of the Philippines”. SEC. 2. Corporation Defined. – A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incidental to its… Read More 40 FREQUENTLY ASKED PROVISIONS OF THE REVISED CORPORATION CODE [Updated]

— Remedial Law —

FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

March 6, 2020

FACTS: First Sarmiento obtained from PBCOM a P40,000,000.00 loan, which was secured by a real estate mortgage over 1,076 parcels of land. The loan agreement was subsequently amended with the increase of the loan amount up to P100,000,000.00. Later, PBCOM filed a Petition for Extrajudicial Foreclosure of Real Estate Mortgage, claiming that it sent First… Read More FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

— Banking, Mercantile Law —

PNB v. Santos G.R. No. 208293 December 10, 2014 Standard of Diligence Required of Banks, Fiduciary Nature of Banking [J. Leonen]

March 5, 2020

FACTS: Respondents discovered that their deceased father Angel C. Santos, maintained a premium savings account amounting to 1,759,082.63, and a time deposit account of 1,000,000.00 with PNB Sta. Elena-Marikina City Branch. Lina B. Aguilar, the Branch Manager thereof, required them to submit the: (1) original or certified true copy of the Death Certificate of Angel… Read More PNB v. Santos G.R. No. 208293 December 10, 2014 Standard of Diligence Required of Banks, Fiduciary Nature of Banking [J. Leonen]

— Civil Law, Criminal Law —

Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

March 1, 2020

FACTS: According to the prosecution, Norberto married Alice on December 4, 1994. After some time, Alice discovered that Norberto was previously married to a certain Gina M. Gaerlan on July 17, 1987, as evidenced by a marriage contract registered with the National Statistics Office.  Alice filed a criminal Complaint for bigamy against Norberto. On the… Read More Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

— Criminal Law, Remedial Law —

Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

March 1, 2020

FACTS: According to the prosecution, at around 1:50 p.m. on April 17, 2006, operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group conducted a stake-out operation in Purok Sigay, Barangay 2, Bacolod City. During the operation, PO2 Villeran heard noises from one of the houses. He “peeped through its window” and saw Lapi,… Read More Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]