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.
— Criminal Law —

WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

October 25, 2017

FACTS: Petitioner, an Australian Citizen, was sought by Australian authorities for indictable crimes in his country. Extradition proceedings were filed against him which ordered the deportation of petitioner. Said decision was sustained by the Court of Appeals; hence, petitioner came herein by way of review on certiorari, to set aside the order of deportation, contending… Read More WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

— Remedial Law —

SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

October 25, 2017

FACTS: Petitioner was charged with homicide for killing the victim Wong after the latter allegedly attempted to rob him of a large amount of cash which he had just withdrawn from the automatic teller machine. Petitioner filed a demurrer to evidence after the prosecution adduced its evidence and rested its case. The trial court subsequently… Read More SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

— Taxation —

CIR vs. CA, CTA and FORTUNE TOBACCO CORPORATION G.R. No. 119761 August 29, 1996, Taxation

October 25, 2017

FACTS: ‘Champion,’ ‘Hope,’ and ‘More’ were classified as foreign brands since they were listed in the World Tobacco Directory as belonging to foreign companies. However, Fortune Tobacco changed the names of ‘Hope’ to ‘Hope Luxury’ and ‘More’ to ‘Premium More,’ thereby removing the said brands from the foreign brand category and registered as a local… Read More CIR vs. CA, CTA and FORTUNE TOBACCO CORPORATION G.R. No. 119761 August 29, 1996, Taxation

— Criminal Law, Remedial Law —

VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

October 25, 2017

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible… Read More VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

— Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

October 24, 2017

FACTS: Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT Maysun,… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

— Civil Law —

UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

October 24, 2017

FACTS: Petition for certiorari to have the order of respondent judge ordering petitioner to produce the child, Maria Teresa Unson, his daughter barely eight years of age, with private respondent Edita N. Araneta and return her to the custody of the latter, further obliging petitioner to “continue his support of said daughter by providing for… Read More UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

— Civil Law —

ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

October 24, 2017

FACTS: A complaint for Specific Performance was filed by Ang Yu Asuncion et al., against Bobby Cu Unjieng and Jose Tan. The plaintiffs were tenants or lessees of residential and commercial spaces owned by defendants in Binondo. On several conditions defendants informed the plaintiffs that they are offering to sell the premises and are giving… Read More ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

— Civil Law —

BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

October 23, 2017

FACTS: The spouses Seña and their four children went to the Tropical Palace Hotel to see the Reycard Duet Show they occupied a table and ordered drinks before the show, when a waiter named Baez was going to serve the tray containing the drinks was overturned and fell on her. She was drenched. Later, she… Read More BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

— Legal Ethics —

Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

October 23, 2017

FACTS: This is an appeal from the order of the CFI of Cebu denying the petition for the cancellation of an adverse claim registered by the adverse claimant on the transfer certificate of title of the petitioners. Atty. Fernandez was retained as counsel by petitioner, Maximo Abarquez, in a Civil Case for the annulment of… Read More Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee