Author: pinayjurist

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— Criminal Law —

Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

March 13, 2019

FACTS: Villanueva, a UP Los Baños student, was a neophyte of the APO – Theta Chapter Fraternity and that Dungo and Sibal, as members of the said fraternity, together with the other fraternity members, officers and alumni, brought and transported Villanueva and two other neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City, for… Read More Dungo v. People G.R. No. 209464, July 01, 2015 R. A. No. 8049 Anti-Hazing Law, Malum Prohibitum

— Political Law —

GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions

March 12, 2019

FACTS: Private respondent Datu Sinsuat filed a petition for the denial of due course to or cancellation of the certificate of candidacy (COC) of Gunsi for Mayor of South Upi, Maguindanao in in the May 10, 2004 Elections alleging that: (a) Gunsi was not a registered voter in the Municipality of South Upi, Maguindanao since… Read More GUNSI v. COMELEC and DATU ISRAEL SINSUAT G.R. No. 168792 February 23, 2009 R.A. 8189 Voter’s Registration Act, Moot and Academic Cases, Exceptions

— Civil Law, Remedial Law —

Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

March 12, 2019

FACTS: The spouses Tijam filed a case against the spouses Sibonghanoy to recover the sum of P1,908.00, with legal interest, plus costs. A writ of attachment was issued by the court against defendants’ properties, but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc.… Read More Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

— Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law —

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

March 11, 2019

What does doing business in the Philippines under the Foreign Investment Act of 1991 mean? (5%) SUGGESTED ANSWER The phrase “doing business in the Philippines“ under the Foreign Investments Act of 1991 include soliciting orders; service contracts; opening offices, whether called liaison offices or branches; appointing representatives or distributors domiciled in the Philippines or who… Read More Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

— Bar Q & A, Civil Law —

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

March 1, 2019

I. Section 1 0f P.D. NO. 755 states: Section 1. Declaration of National Policy – It is hereby declared that the policy of the State is to provide readily available credit facilities to the coconut farmers at preferential rates, that this policy can be expeditiously and efficiently realized by the imple mentation of the “Agreement… Read More 2016 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

— Bar Q & A, Labor Law —

Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

February 26, 2019

I. (A) Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its authorized capital stock owned by foreigners and 70% of its authorized capital stock owned by Filipinos. Is Rocket Corporation allowed to engage in the recruitment and placement of workers, locally and overseas? Briefly state the basis for your answer.… Read More Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

— Criminal Law —

PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

February 22, 2019

FACTS: Jay Gregorio, Rolando Estrella, and Ricardo Salazar were found guilty beyond reasonable doubt as principals of the crime of kidnapping for ransom under Art. 267 of the RPC, as amended by RA 7659 and Danilo Bergonia and Efren Gascon, as accomplices for the same crime of kidnapping for ransom of one JIMMY TING, depriving… Read More PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

— Remedial Law —

CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

February 21, 2019

FACTS: Sgt. Victorino Noceja and Pat. Alex de Castro, while on a routine patrol in Barangay Sampalucan, Pagsanjan, spotted a passenger jeep unusually covered with “kakawati” leaves. Suspecting that the jeep was loaded with smuggled goods, the two police officers flagged down the vehicle. The jeep was driven by appellant. When asked what was loaded… Read More CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

— Bar Q & A —

2015 Bar Exam Suggested Answers in Political Law by the UP Law Complex

February 20, 2019

I. The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: – (1) Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines.its… Read More 2015 Bar Exam Suggested Answers in Political Law by the UP Law Complex

— Civil Law —

PRIMITIVO ANSAY vs. NATIONAL DEVELOPMENT COMPANY,G.R. No. L-13667 April 29, 1960 Natural Obligations v. Civil Obligations

February 19, 2019

FACTS: On July 25, 1956, appellants filed a complaint praying for a 20% Christmas bonus for the years 1954 and 1955. The court a quo on appellees’ motion to dismiss, issued the following order: The trial court dismissed the complaint and saying that the Court does not see how petitioners may have a cause of… Read More PRIMITIVO ANSAY vs. NATIONAL DEVELOPMENT COMPANY,G.R. No. L-13667 April 29, 1960 Natural Obligations v. Civil Obligations