Author: pinayjurist

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— Remedial Law —

PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

May 15, 2019

FACTS: On various dates in 1993, Bonier de Guzman, President of Pinausukan, executed four real estate mortgages involving the Pinausukan’s parcel of land in favor of Far East Bank. The unpaid obligation secured by the mortgages went up to ₱15,129,303.67. The Bank commenced proceedings for the extrajudicial foreclosure of the mortgages, and two weeks thereafter,… Read More PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

— Remedial Law —

ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42

May 13, 2019

FACTS: Ross Rica Sales Center, Inc. and Juanito King and Sons, Inc. (petitioners) had acquired the lands subject in this case from Mandaue Prime Estate Realty through a sale. In turn, it appears that Mandaue Prime Estate Realty had acquired the properties from the respondents through a Deed of Absolute Sale. However, this latter deed… Read More ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42

— Political Law, Remedial Law —

OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

May 12, 2019

FACTS: The Batangas State University Board of Regents (BSU-BOR) received an Order from the Deputy Ombudsman directing it to enforce OMB’s Joint Decision and Supplemental Resolution finding herein respondents guilty of dishonesty and grave misconduct and imposing the penalty of dismissal from service with its accessory penalties. The BSU-BOR issued Resolution No. 18, implementing the… Read More OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

— Remedial Law —

INDOYON, JR. v. CA Petition for Review under Rule 45 v. Special Civil Action under Rule 65

May 11, 2019

FACTS Petitioner Ebrencio F. Indoyon, Jr., was the municipal treasurer of Lingig, Surigao del Sur, with Salary Grade 24. In 2005, it was discovered that petitioner had incurred a cash shortage in the amount of ₱1,222,648.42. In a letter, State Auditor Bautista of COA demanded the immediate production of the missing funds and the submission… Read More INDOYON, JR. v. CA Petition for Review under Rule 45 v. Special Civil Action under Rule 65

— Remedial Law —

ALMA JOSE vs. JAVELLANA G.R. No. 158239 January 25, 2012 Appeal, Final Order v. Interlocutory Order

May 10, 2019

FACTS: Margarita Alma Jose (Margarita) sold to respondent Ramon Javellana by deed of conditional sale two parcels of land. They agreed that the registration shall be undertaken by Margarita within a reasonable period of time, and that should Margarita become incapacitated, her son and attorney-in-fact, Juvenal and her daughter, petitioner Priscilla M. Alma Jose, would… Read More ALMA JOSE vs. JAVELLANA G.R. No. 158239 January 25, 2012 Appeal, Final Order v. Interlocutory Order

— Civil Law —

ABBAS vs. ABBAS  G.R. No. 183896  January 30, 2013 Void ab initio Marriage, Marriage License as a Formal Requisite of a Valid Marriage

May 8, 2019

  FACTS: Petitioner Syed Azhar Abbas, a Pakistani, met Gloria, a Filipino, in Taiwan in 1991 and they got married there in 1992. Later, Gloria filed bigamy cases against him. As advised bt his counsel, he went to the Municipal Civil Registrar of Carmona, Cavite, where their Marriage License was issued, to get certification on… Read More ABBAS vs. ABBAS  G.R. No. 183896  January 30, 2013 Void ab initio Marriage, Marriage License as a Formal Requisite of a Valid Marriage

— Constitutional Law, Criminal Law —

JASON IVLER v. MODESTO-SAN PEDRO G.R. No. 172716 November 17, 2010, Double Jeorpardy, Reckless Imprudence

May 7, 2019

FACTS: Petitioner Jason Ivler was charged before the MeTC, with two separate offenses: (1) Reckless Imprudence Resulting in Slight Physical Injuries (Criminal Case No. 82367) for injuries sustained by Evangeline Ponce; and (2) Reckless Imprudence Resulting in Homicide and Damage to Property (Criminal Case No. 82366) for the death of Ponce’s husband Nestor and damage… Read More JASON IVLER v. MODESTO-SAN PEDRO G.R. No. 172716 November 17, 2010, Double Jeorpardy, Reckless Imprudence

— Civil Law, Remedial Law —

BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

May 5, 2019

FACTS: Ruperta Palaganas, a Filipino who became a naturalized U.S. citizen, died single and childless. In the last will and testament she executed in California, she designated her brother, Sergio, as the executor of her will for she had left properties in the Philippines and in the U.S. Ernesto, another brother of Ruperta, filed with… Read More BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

— Civil Law —

CORAZON KO v. VIRGINIA DY ARAMBURO GR No. 190995, Aug 09, 2017 Co-ownership, Sale, Void vs. Voidable Sale, Prescription

May 4, 2019

FACTS: Corazon is the sister of Virginia’s husband Simeon. Corazon and Simeon have another sibling, Augusto, who predeceased them. Virginia and the heirs of Augusto filed a Complaint for Recovery of Ownership with Declaration of Nullity and/or Alternatively Reconveyance and Damages with Preliminary Injunction against Corazon. The complaint alleged that Virginia and Simeon, together with… Read More CORAZON KO v. VIRGINIA DY ARAMBURO GR No. 190995, Aug 09, 2017 Co-ownership, Sale, Void vs. Voidable Sale, Prescription

— Civil Law —

RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

April 14, 2019

FACTS: Adworld sent Transworld and Comark a letter demanding payment for the repairs of its billboard structure located at EDSA Tulay, Guadalupe which was misaligned and its foundation impaired when the adjacent billboard structure owned by Transworld and used by Comark collapsed and crashed against it. Transworld in its reply, admitted the damage caused by… Read More RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors