Author: pinayjurist

I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Constitutional Law, Criminal Law —

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

May 25, 2022

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

— Legal Ethics —

Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

April 24, 2022

FACTS: Complainant Rosa F. Mercado’s husband filed a civil case for annulment of their marriage with the RTC of Pasig City. This annulment case had been dismissed and the same became final and executory on July 15, 1992. In August 1992, Atty. de Leon, counsel of the complainant died. Respondent  Atty. Julito D. Vitriolo entered… Read More Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

— Constitutional Law, Political Law —

Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

April 4, 2022

FACTS: Private respondents were allegedly awarded a “verbal contract of lease” in 1970 by the National Parks Development Committee (NPDC), a government initiated civic body engaged in the development of national parks, including Rizal Park.  Whoever in NPDC gave such “verbal” accommodation to private respondents was unclear, for indeed no document or instrument appears on… Read More Lansang v. CA G.R. No. 102667 February 23, 2000 The Doctrine of State Immunity from Suit

— Remedial Law —

CARIAGA v. PEOPLE G.R. No. 180010, July 30, 2010 Criminal Procedure, Liberal Interpretation of the Rules of Court

March 15, 2022

FACTS: Petitioner, as the municipal treasurer of Cabatuan, Isabela with a Salary Grade of 24, was charged with three counts of malversation of public funds, defined under Article 217 of the Revised Penal Code. The RTC convicted petitioner in the three cases. Petitioner, through counsel, in time filed a Notice of Appeal, stating that he… Read More CARIAGA v. PEOPLE G.R. No. 180010, July 30, 2010 Criminal Procedure, Liberal Interpretation of the Rules of Court

— Legal Ethics —

HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

March 4, 2022

FACTS: HDI retained the services of Atty. Cruz as its in-house corporate counsel and corporate secretary. HDI’s directors and officers were pleased with Atty. Cruz’s performance, thus, in time, he earned their trust and confidence that he was eventually tasked to handle the corporation’s important and confidential matters. However, HDI averred that through Atty. Cruz’s… Read More HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

— Criminal Law, Remedial Law —

US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

March 1, 2022

FACTS: The defendant is a Chinese employed as a fireman on Shun Chang, a foreign steamship which arrived at the port of Cebu on April 25, 1917, after a voyage direct from the port of Saigon.  The defendant bought eight cans of opium in Saigon, brought them on board the steamship Shun Chang, and had… Read More US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

— Civil Law —

Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

February 24, 2022

FACTS: Nita Villanueva came to know petitioner Antonio Geluz, a physician, for the first time in 1948 — through her aunt. In 1950 she became pregnant by her present husband before they were legally married. Desiring to conceal her pregnancy from her parents, and acting on the advice of her aunt, she had herself aborted… Read More Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

— Civil Law, Remedial Law —

Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

February 23, 2022

FACTS: Private respondent Pacific General Steel Manufacturing Corp. (PGSMC), a domestic corporation, and petitioner Korea Technologies Co., Ltd. (KOGIES), a Korean corporation,  executed a Contract whereby KOGIES would set up an LPG Cylinder Manufacturing Plant in Carmona, Cavite. The contract was executed in the Philippines.  The parties amended the contract in Korea, under which, KOGIES… Read More Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015