Author: pinayjurist

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— Criminal Law, Remedial Law —

WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

October 16, 2017

FACTS: Petitioners filed the present Petitions under Rule 45 of the Rules of Court to set aside the Decision and the Resolution of the CA reversing the quashal of the search warrants previously issued by the RTC. The applications for warrants to search the office premises of petitioner WWC, and of petitioner Planet Internet, alleged… Read More WWC WORLDWIDE WEB CORPORATION and CHERRYLL L. YU v. PEOPLE OF THE PHILIPPINES and PLDT G.R. No. 161106, January 13, 2014 G.R. No. 161266 PLANET INTERNET CORP. v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY Appeal, Search warrants, General warrants, P.D. 401 Probable cause, Quashal of the search warrants, Theft

— Constitutional Law, Remedial Law —

Go vs. Ramos G.R. No. 167569 Sept. 4, 2009 Bail, Writ of Habeas Corpus, Deportation

October 16, 2017

  FACTS: These petitions stemmed from the complaint-affidavit for deportation initiated by Luis T. Ramos before the Bureau of Immigration and Deportation (now Bureau of Immigration) against Jimmy T. Go alleging that the latter is an illegal and undesirable alien. Luis alleged that while Jimmy represents himself as a Filipino citizen, Jimmy’s personal circumstances and… Read More Go vs. Ramos G.R. No. 167569 Sept. 4, 2009 Bail, Writ of Habeas Corpus, Deportation

— Constitutional Law, Political Law, Remedial Law —

PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

October 16, 2017

FACTS: On July 16, 1999, at Sitio Lambakin, San Jose del Monte, Bulacan, accused-appellant, conspiring, confederating and mutually helping one another and grouping themselves together with Juanito Pataray Cayaban, Federico Pataray Cabayan and Rommel Libarnes Acejo, who are still at large, did then and there willfully, unlawfully and feloniously, by means of force and intimidation… Read More PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

— Mercantile Law —

FLEISCHER vs. BOTICA NOLASCO CO., INC G.R. No. 23241 March 14, 1925 Corporation Law, Shares of stock, Transfer of shares of stock

October 14, 2017

FACTS: Manuel Gonzalez was the original owner of the five shares of stock in question, of the Botica Nolasco, Inc. He assigned and delivered said five shares to the plaintiff, Henry Fleischer, in consideration of a large sum of money owed by Gonzalez to Fleischer In his amended complaint, plaintiff, Fleischer prayed for defendant to… Read More FLEISCHER vs. BOTICA NOLASCO CO., INC G.R. No. 23241 March 14, 1925 Corporation Law, Shares of stock, Transfer of shares of stock

— Corporation Law, Mercantile Law —

NAVA vs. PEERS MARKETING CORP., 74 SCRA 65 G.R. No. L-28120 November 25, 1976 Shares of Stock, Stock Certificate, Stock Subscription, Transfer of its Shares of Stock

October 14, 2017

FACTS: Teofilo Po as an incorporator subscribed to eighty shares of Peers Marketing Corporation. Po paid two thousand pesos or twenty-five percent of the amount of his subscription. No certificate of stock was issued to him or, for that matter, to any incorporator, subscriber or stockholder. Po sold to Ricardo A. Nava for two thousand… Read More NAVA vs. PEERS MARKETING CORP., 74 SCRA 65 G.R. No. L-28120 November 25, 1976 Shares of Stock, Stock Certificate, Stock Subscription, Transfer of its Shares of Stock

— Mercantile Law —

CAGAYAN FISHING DEVELOPMENT CO., INC., vs.TEODORO SANDIKO G.R. No. 43350 December 23, 1937 Corporation, Incorporation, Promoters of Corporation

October 14, 2017

FACTS: Manuel Tabora is the registered owner of four parcels of land  and he wanted to build a Fishery. He loaned from PNB P8,000 and to guarantee the payment of the loan, he mortgaged the said parcels of land. Three subsequent mortgages were executed in favor of the same bank and to Severina Buzon, whom Tabora… Read More CAGAYAN FISHING DEVELOPMENT CO., INC., vs.TEODORO SANDIKO G.R. No. 43350 December 23, 1937 Corporation, Incorporation, Promoters of Corporation

— Criminal Law, Remedial Law —

PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

October 14, 2017

Doctrine: The commission of the offense of illegal sale of regulated drugs requires merely the consummation of the selling transaction. In a “buy-bust” operation, such as in the case at bar, what is important is the fact that the poseur-buyer received the shabu from the appellants and that the same was presented as evidence in… Read More PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

— Political Law —

REPUBLIC OF INDONESIA vs. JAMES VINZON G.R. No. 154705 June 26, 2003 act jure imperii, diplomatic mission, International Law, Section 2 of the 1987 Constitution, Sovereign Immunity From Suit, Vienna Convention on Diplomatic Relations

October 6, 2017

FACTS:  Petitioner, Republic of Indonesia, entered into a Maintenance Agreement with respondent James Vinzon, sole proprietor of Vinzon Trade and Services. The agreement stated that respondent shall, for a consideration, maintain specified equipment at the Embassy Main Building, Embassy Annex Building and the Wisma Duta, the official residence of petitioner Ambassador Soeratmin. The equipments covered… Read More REPUBLIC OF INDONESIA vs. JAMES VINZON G.R. No. 154705 June 26, 2003 act jure imperii, diplomatic mission, International Law, Section 2 of the 1987 Constitution, Sovereign Immunity From Suit, Vienna Convention on Diplomatic Relations

— Political Law —

LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

October 6, 2017

FACTS: Petitioner and private respondent were among the candidates for Representative of the first district of Pampanga. Petitioner was proclaimed as Congressman-elect and assumed office. Later, the COMELEC declared petitioner’s proclamation void ab initio. Petitioner challenged the COMELEC resolution before this Court. The Court set aside the COMELEC’s revocation of petitioner’s proclamation. On February 8,… Read More LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

— Civil Law —

SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

October 6, 2017

 SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 182148 June 8, 2011 GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 FACTS:  Sime Darby leased a billboard owned by Macgraphics for a term of four years. Subsequently, Sime Darby executed a Memorandum… Read More SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment