Author: pinayjurist

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— Civil Law —

KALAW vs. FERNANDEZ G.R. No. 166357 September 19, 2011 Psychological Incapacity Art. 36 Family Code

June 17, 2018

FACTS: Petitioner Valerio E. Kalaw (Tyrone) and respondent Ma. Elena Fernandez (Malyn) met in 1973, maintained a relationship and eventually married in Hong Kong and subsequently had four children. Shortly after the birth of their youngest son, Tyrone had an extramarital affair with Jocelyn Quejano who gave birth to a son. In May 1985, Malyn left… Read More KALAW vs. FERNANDEZ G.R. No. 166357 September 19, 2011 Psychological Incapacity Art. 36 Family Code

— Constitutional Law, Remedial Law —

VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

June 4, 2018

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

— Remedial Law —

BATAS PAMBANSA 129 (B.P. 129)

May 8, 2018

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)

— Constitutional Law, Criminal Law —

Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

May 2, 2018

  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

— Civil Law, Constitutional Law, Political Law —

Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.

April 11, 2018

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.

— Remedial Law —

Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons

February 5, 2018

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

— Civil Law —

Schloendorff Doctrine

February 1, 2018

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

— Remedial Law —

Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void

January 29, 2018

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