Author: pinayjurist

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— Remedial Law —

BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion

April 6, 2019

  FACTS: Petitioner filed a complaint for sum of money with a prayer for the issuance of a writ of preliminary attachment against the spouses Manuel and Lolita Toledo. Upon the death of Manuel, he was substituted by his children as party-defendants. During trial, the reception of evidence for herein respondent was cancelled upon agreement… Read More BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

April 2, 2019

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Labor Law, Remedial Law —

TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

April 2, 2019

FACTS: Respondent Edwin Games was charged with qualified theft for allegedly stealing petitioner’s vehicle lubricants. Games filed a complaint for illegal dismissal against petitioner. The Labor Arbiter (LA) ruled against petitioner and ordered the latter to pay Games his separation pay, back wages, service incentive leave pay and attorney’s fees resulting from his illegal dismissal.… Read More TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

— Constitutional Law —

OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned

April 1, 2019

FACTS: A complaint/affidavit was filed before the Office of the Ombudsman against Binay, Jr. and other public officers and employees of the City Government of Makati (Binay, Jr., et al), accusing them of Plunder and violation of RA 3019, otherwise known as “The Anti-Graft and Corrupt Practices Act,” in connection with the five phases of… Read More OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned

— Banking, Mercantile Law —

Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

March 27, 2019

FACTS: A certain Roberto Gonzaga presented for payment FEBTC Check No. 432100 to the bank’s branch in Bel-Air, Makati. The check, payable to cash and drawn against Samsung Construction’s current account, was in the amount of P999,500.00. The bank teller, Cleofe Justiani, checked the balance of the account. After ascertaining there were enough funds, and… Read More Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

— Constitutional Law, Remedial Law —

CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

March 25, 2019

FACTS: Both Petitions question the Sandiganbayan’s denial to quash the Informations and Order of Arrest against Cagang despite the Office of the Ombudsman’s alleged inordinate delay in the termination of the preliminary investigation. In February 10, 2003, Office of the Ombudsman received an anonymous complaint alleging the graft and corruption at the Vice Governor’s Office,… Read More CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

— Criminal Law —

People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

March 23, 2019

  FACTS: A Buy-bust team went to the house of appellant who thereupon came out of his house and approached them. After having been introduced by the informant to the appellant as a potential buyer of shabu worth ₱500.00, PO2 Tejero gave appellant the marked money. In return, appellant took from his right pocket a… Read More People v. Melchor Brita G.R. No. 191260 November 24, 2014 R.A. 9165, Presumption of Regularity, Defense of Frame up

— Legal Ethics —

EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

March 23, 2019

FACTS: Eugenio E. Cortez engaged the services of Atty. Cortes as his counsel in an illegal dismissal case against Philippine Explosives Corporation (PEC). He further alleged that he and Atty. Cortes had a handshake agreement on a 12% contingency fee as and by way of attorney’s fees. The case was decided in favor of complainant.… Read More EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

— Bar Q & A, Remedial Law —

Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

March 21, 2019

I State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTC’s). (5%) SUGGESTED ANSWER The Regional Trial Courts inter alia shall exercise exclusive original jurisdiction in the following civil cases: (1) In all civil actions in which the subject of the litigation is incapable of… Read More Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

— Legal Ethics —

SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath

March 20, 2019

FACTS: Complainants sought the services of respondent in a case for reconstitution of title. Respondent agreed if the complainants will give him a portion of their land as his fee for filing a petition for certiorari to nullify the order for the reconstitution of the lost title. The complainants agreed to give him a 250… Read More SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath