Author: pinayjurist

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— Constitutional Law, Political Law —

QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

November 23, 2017

FACTS:   Before the Court is a petition for prohibition and certiorari, with prayer for the issuance of a temporary restraining order and a writ of preliminary injunction, assailing Section 4(a) of Resolution No. 8678 of the Commission on Elections (COMELEC). They contend that the COMELEC gravely abused its discretion when it issued the assailed… Read More QUINTO and TOLENTINO, JR., vs. COMELEC G.R. No. 189698 December 1, 2009 Equal Protection Clause, Appointed Officials

— Constitutional Law, Political Law —

HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

November 23, 2017

FACTS: In this petition for certiorari, prohibition and mandamus with prayer for a restraining order and/or preliminary injunction, petitioners H. Harry L. Roque, Jr., et al., suing as taxpayers and concerned citizens, seek to nullify respondent Comelec’s award of the 2010 Elections Automation Project (automation project) to the joint venture of Total Information Management Corporation… Read More HARRY L. ROQUE, JR, et. al. vs COMELEC G.R. 188456 September 10, 2009 Poll Automation Law

— Political Law —

Penera vs. COMELEC GR 181613 September 11, 2009 & November 25, 2009 Premature Campaigning

November 23, 2017

FACTS: Penera and private respondent Edgar T. Andanar were mayoralty candidates in Sta. Monica during the 14 May 2007 elections. On 2 April 2007, Andanar filed before the Office of the Regional Election Director, Caraga Region (Region XIII), a Petition for Disqualification against Penera, as well as the candidates for Vice-Mayor and Sangguniang Bayan who… Read More Penera vs. COMELEC GR 181613 September 11, 2009 & November 25, 2009 Premature Campaigning

— Political Law —

PUNDAODAYA vs. COMELEC G.R. No. 179313 September 17, 2009 Residence, Domicile, Dwelling

November 23, 2017

FACTS: This petition for certiorari under Rule 65 assails the Resolution of the Commission on Elections (COMELEC) En Banc which declared private respondent Arsenio Densing Noble qualified to run for municipal mayor of Kinoguitan, Misamis Oriental, in the May 14, 2007 Synchronized National and Local Elections.  Petitioner Makil U. Pundaodaya is married to Judith Pundaodaya,… Read More PUNDAODAYA vs. COMELEC G.R. No. 179313 September 17, 2009 Residence, Domicile, Dwelling

— Political Law —

MARUHOM vs. COMELEC G.R. No. 179430 July 27, 2009

November 23, 2017

FACTS: Petitioner Jamela Salic Maruhom was a mayoralty candidate in the Municipality of Marantao, Lanao del Sur.Her opponent, re-electionist Mayor Abinal filed before the COMELEC a Petition for Disqualification against Maruhom, which alleged that she was a double registrant. The COMELEC First Division found that Maruhom had two subsisting registrations, one in Marawi, and another… Read More MARUHOM vs. COMELEC G.R. No. 179430 July 27, 2009

— Criminal Law —

Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

November 20, 2017

FACTS: Ty’s mother was confined in Manila Doctor’s Hospital to which a medical bill amounting to 600,000 pesos was made to be paid to TY, after signing a contract of responsibility with the hospital. Ty, issued 7 checks to cover the said expenses, all of which were dishonored for being drawn against a closed a… Read More Ty vs. People G.R. No. 149275, September 27, 2004 B.P. 22, Exempting Circumstance of Uncontrollable Fear, Justifying Circumstance of State of Necessity

— Criminal Law —

People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

November 20, 2017

  FACTS: SPO1 Facto and an informant pretended to wait for Johnny Tadena for them to buy drugs. When SPO1 Facto had the drugs after clear examination which he saw are white contents, he signaled his companions that the transaction had been consummated and they caught the accused. Thus, accused-appellants Segundino Valencia, Johnny Tadena and… Read More People vs. Segundino Valencia, et. al. G.R. No. 143032, October 14, 2002 Entrapment vs. Instigation (Absolutory Causes)

— Criminal Law —

People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation

November 20, 2017

FACTS: On April 6, 1998, Atty. Jose Justo S. Yap, supervising agent of the Dangerous Drugs Division-National Bureau of Investigation, received information that a certain Roberto Mendoza Pacis was offering to sell one-half (1/2) kilogram of methamphetamine hydrochloride or “shabu” for the amount of P950.00 per gram or a total of P475,000.00. The NBI Chief… Read More People vs. Pacis G.R. No. 146309, July 18, 2002 Objective Test to determine validity of buy bust, Entrapment, Instigation

— Criminal Law —

US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

November 20, 2017

FACTS: The defendants have been sentenced by the CFI of Cebu to the penalty of seven years of presidio mayor as accessories after the fact in the crime of assassination or murder perpetrated on the persons of the American school-teachers , because, without having taken part in the said crime as principals or as accomplices,… Read More US vs. APOLONIO CABALLEROS G.R. No. 1352 March 29, 1905 Article 12 of the RPC, Irresistible Force

— Criminal Law —

U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement

November 20, 2017

FACTS: Internal Revenue Agent Homer C. Smith induced one James O. Phelps to look for an opium den where he could smoke opium. Smith went to Phelps three times to convince the latter of his real desire to smoke opium. Because of Smith’s insistence, Phelps made efforts to look for a place where both of… Read More U.S. vs. Phelps G.R. No. L-5728 August 11, 1910 Instigation or Inducement