2008 Bar No. X. Upon opening a letter containing 17 money orders, the mail carrier forged the signatures of the payees on the money orders and encashed them. What crime or crimes did the mail carrier commit? Explain briefly. SUGGESTED ANSWER: In Pp. v. Villanueva, the Supreme Court held that the mail carrier is guilty… Read More CRIMES AGAINST PUBLIC INTEREST
RPC, Bar Q & A, Jurisprudence Arbitrary Detention [Article 124] Committed by: Any public officer or employee How committed? — Detains a person [without legal grounds] The following are considered LEGAL GROUNDS for the detention of any person. (1) commission of a crime (2) violent insanity or (3) any other ailment requiring the compulsory confinement… Read More CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
FACTS: This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court, invoking the power of the Court “to promulgate rules concerning protection and enforcement of constitutional rights, to declare the cases filed by private respondents against petitioners as Strategic Lawsuits Against Public Participation (SLAPP) and therefore contrary to the… Read More Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)
Excerpts from the January-June 2018 Decisions of the Supreme Court Compiled by CARLO L. CRUZ State Immunity Estoppel does not also lie against the government or any of its agencies arising from unauthorized or illegal acts of public officers. Hence, we cannot hold petitioners estopped from invoking their immunity from suit on account of having… Read More NOTES ON POLITICAL LAW
Compiled by CARLO L. CRUZ Excerpts from the January-June 2018 Decisions of the Supreme Court Police Power … while the authority of city mayors to issue or grant licenses and business permits is granted by the Local Government Code (LGC), which also vests local government units with corporate powers, one of which is the power… Read More NOTES ON THE BILL OF RIGHTS and CITIZENSHIP
January 16 – July 28, 2017 August 6, 2017 April 20, 2018 POLITICAL LAW THE CONSTITUTION The Doctrine of Constitutional Supremacy Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into… Read More Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL
FACTS: Accused, Dominador Bustos, assisted by counsel, appeared at the preliminary investigation, wherein the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, to which he entered the plea of not guilty. Then his counsel moved that the complainant present her evidence so that she… Read More Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law
FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure
FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules
FACTS: Sometime in 1961, a judgment for a sum of money was rendered in favor of Independent Mercantile Corp. (IMC) against a certain Manuel Magali. After said judgment became final, a writ of execution was issued, and a Notice of Levy made on a parcel of land covered by TCT No. 9138, registered in the… Read More Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches