Author: pinayjurist

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— Civil Law, Criminal Law —

DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

October 19, 2017

FACTS: Herein petitioner was charged with bigamy. Before the petitioner’s arraignment, private respondent filed a civil action for declaration of nullity of her marriage with petitioner on the ground that private respondent consented to entering into the marriage, which was petitioner Donato’s second one, since she had no previous knowledge that petitioner was already married… Read More DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

— Criminal Law, Remedial Law —

BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

October 19, 2017

FACTS: Petitioner Benabaye was the Loans Bookkeeper of Siam Bank and was authorized to collect and/or accept loan payments of Siam Bank’s clients and issue provisional receipts therefor, accomplish a cash transfer slip at the end of each banking day detailing the amounts of money that she has received, and remit such payments to Tupag,… Read More BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

— Criminal Law —

PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

October 19, 2017

FACTS: OIC Police Inspector Villanueva together with PO1 Mabutol, Jr., PO2 Pascua, and PO1 Valencia, formed a team for a buy-bust operation against Benjamin Amansec with the help of an informant. The informant then introduced Mabutol to Amansec as a drug addict. Mabutol had just told Amansec that he was going to purchase one hundred… Read More PEOPLE vs. AMANSEC G.R. No. 186131 December 14, 2011 R. A. No. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial

— Constitutional Law, Political Law, Remedial Law —

RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

October 18, 2017

  FACTS:  Petitioners in this special civil action for mandamus with preliminary injunction invoke their right to information and pray that respondent be directed: (a) to furnish petitioners the list of the names of the Batasang Pambansa members belonging to the UNIDO and PDP-Laban who were able to secure clean loans immediately before the February… Read More RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

— Remedial Law —

SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

October 18, 2017

  FACTS: The petitioner was granted a Timber License Agreement (TLA), authorizing it to cut, remove and utilize timber within the concession area covering 29,500 hectares of forest land in Zamboanga del Sur, for a period of ten years expiring on September 31, 1992.‘ in 1987, herein private respondents filed a petition with the DENR… Read More SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

— Constitutional Law, Remedial Law —

Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

October 16, 2017

   FACTS: Arnold Alva was accused of defrauding YUMI VERANGA HERVERA by means of false manifestation and fraudulent representation to the effect that he could process the latter’s application for U.S. Visa provided she would give the amount of P120,000.00, and by means of other similar deceit, induced and succeeded in inducing said YUMI VERANGA… Read More Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

— Constitutional Law, Remedial Law —

Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005

October 16, 2017

  FACTS: In a verified letter-complaint dated November 8, 2003, Silas Y. Cañada administratively charged respondent Judge Ildefonso B. Suerte of the Regional Trial Court (RTC), Branch 60, Barili, Cebu, of arbitrary detention punished under Article 124 of the Revised Penal Code and the provisions of Republic Act No. 3019 entitled “Anti-Graft and Corrupt Practices… Read More Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005

— Constitutional Law —

PEOPLE OF THE PHILIPPINES vs. JAIME OCHOA et. al. G.R. No. 157399 Custodial Investigation

October 16, 2017

FACTS: Petitioners were charged before the Sandiganbayan for allegedly diverting and collecting funds of the National Power Corporation (NPC) intended for the purchase of US Dollars from the United Coconut Planters Bank (UCPB), and were indicted for the complex crime of Malversation through Falsification of Commercial Documents defined and penalized under Articles 217 and 171… Read More PEOPLE OF THE PHILIPPINES vs. JAIME OCHOA et. al. G.R. No. 157399 Custodial Investigation

— Constitutional Law, Criminal Law —

PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions

October 16, 2017

FACTS: The accused-appellants Juan Nabaluna and Edgardo Empuerto, were found guilty beyond reasonable doubt of the crime of Robbery with Homicide and were sentenced to suffer the penalty of death. The uniform and main thrust of appellants’ principal argument is that, their extra-judicial statements were improperly admitted as evidence against them as these were obtained… Read More PEOPLE OF THE PHILIPPINES vs. JUAN NABALUNA et. al. G.R. No. L-60087 July 7, 1986 Voluntariness test in the Galit doctrine, Extra-judicial Confessions