A waiver of an illegal arrest is not a waiver of an illegal search. FACTS: Petitioner Danilo Villanueva was charged with violation of Section 11, Article II of Republic Act (R.A.) No. 9165 or The Comprehensive Dangerous Drugs Act of 2002. A Complaint was filed by Brian Resco against Danilo Villanueva for allegedly shooting the… Read More VILLANUEVA vs. PEOPLE G.R. No. 199042 November 17, 2014 Warrantless Arrests
People vs. Noel Bartolome G.R. No 191726 February 06, 2013 A buy-bust operation has been recognized in this jurisdiction as a legitimate form of entrapment of the culprit. It is distinct from instigation, in that the accused who is otherwise not predisposed to commit the crime is enticed or lured or talked into committing the… Read More ENTRAPMENT vs. INSTIGATION (Buy-bust operation)
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES PRELIMINARY CHAPTER Section 1. Title. – This Act shall be known as “The Judiciary Reorganization Act of 1980.” Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile… Read More BATAS PAMBANSA 129 (B.P. 129)
FACTS: The petitioners Dominador and Rodel, together with their acquitted co-accused Elenito, were charged with the crime of murder and multiple frustrated murder before the RTC. The charges stemmed from an incident that left Betty dead, and her daughter Suzette and granddaughter injured. The appellants pleaded not guilty during the arraignment. Vicente, the husband… Read More Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule
FACTS: Petitioners were lay members of the Philippine Independent Church (PIC) in Socorro, Surigao del Norte. Respondents Porfirio de la Cruz and Rustom Florano were the bishop and parish priest, respectively, of the same church in that locality. Petitioners, led by Dominador Taruc, clamored for the transfer of Fr. Florano to another parish but Bishop… Read More Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.
FACTS: Process server Manuel S. Panlasigui attempted to serve summons at respondent’s address but was unsuccessful. In his Server’s Return, Panlasigui stated that he tried to personally serve the summons to respondent at his given address at No. 36 Sampaguita St., Baesa, Quezon City. However, the occupant of that house, who refused to give his… Read More Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons
Ramos vs. CA G.R. No. 124354. December 29, 1999 The case of Schloendorff v. Society of New York Hospital was then considered an authority for this view. The “Schloendorff doctrine” regards a physician, even if employed by a hospital, as an independent contractor because of the skill he exercises and the lack of control… Read More Schloendorff Doctrine
The following are cases which explain the Doctrine of Stare Decisis PESCA vs. PESCA G.R. No. 136921. April 17, 2001 The “doctrine of stare decisis,” ordained in Article 8 of the Civil Code, expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines. The rule… Read More Doctrine of Stare Decisis
The following are cases which explain the Distinctions between Rule 45 and 65 GO vs. CA G.R. No. 128954. October 8, 1998 Where the trial court abuses its discretion by indefinitely suspending summary proceedings involving ejectment cases, a petition for certiorari may be entertained by the proper court to correct the blunder. In the… Read More Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void
FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts