Author: pinayjurist

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— Remedial Law —

People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

October 6, 2017

FACTS: The instant case involved a charge of rape of the private complainant, AAA, which resulted in her pregnancy and the birth of a child (“BBB”).  A hearing was set to ascertain the feasibility of DNA testing with due regard to the standards set in the DNA Rules. Both AAA and BBB (now 17 years… Read More People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

— Taxation —

SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

October 6, 2017

FACTS: Petitioner, registered owners of real properties in Marikina City, with consent of his wife, conveyed by deed of assignment, the properties to the Saints and Angels Realty Corp. (SARC), by virtue of incorporations, in exchange for shares  of stock therein with a par value of P2,000,000.0, placed in San Juan’s name and the remaining… Read More SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

— Taxation —

AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

October 6, 2017

FACTS:   This case involves two petitions for review on certiorari involving the decisions declaring valid the auction sales of two real properties by the Quezon City Local Gov’t for failure to pay real property taxes. The first case deals with a lot formerly owned by petitioners Aquino. Petitioners withheld payment of the real property… Read More AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

— Political Law, Taxation —

Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

October 6, 2017

FACTS:    Petitioner PPI and respondent Fertiphil are private corporations incorporated under Philippinelaws, both engaged in the importation and distribution of fertilizers, pesticides and agriculturalchemicals.Marcos issued Letter of Instruction (LOI) 1465, imposing a capital recovery component of Php10.00 perbag of fertilizer. The levy was to continue until adequate capital was raised to make PPI financiallyviable. Fertiphil… Read More Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

— Civil Law —

Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

October 6, 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 later, further obliging petitioner to “continue his support of said daughter by providing for… Read More Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

— Civil Law —

JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

October 6, 2017

FACTS: In the afternoon of 9 May 1983, CRISELDA and ZHIENETH were at the 2nd floor of Syvel’s Department Store,which is owned by petitioner Jarco Mktg. Corp. CRISELDA was signing her credit card slip at the payment and verification counter when she felt a sudden gust of wind and heard a loud thud. She looked… Read More JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

— Civil Law, Mercantile Law —

ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

October 6, 2017

FACTS:  The defendant company, a general partnership duly registered under the laws of the Philippines, purchased from the plaintiff a motor vehicle on the installment basis and for this purpose executed a promissory note for P9,440.00, payable in twelve equal monthly installments of P786.63, the first installment payable on or before May 22, 1961 and… Read More ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

— Civil Law, Mercantile Law —

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

October 6, 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… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

— Political Law —

PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

October 6, 2017

  FACTS:  PANTRANCO, a holder of an existing Certificate of Public Convenience is applying to operate additional buses with the Public Service Commission (PSC) has been engaged in transporting passengers in certain provinces by means of public transportation utility. Patranc applied for authorization to operate 10 additional trucks. The PSC granted the application but added… Read More PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

— Civil Law, Mercantile Law —

American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

October 6, 2017

FACTS:  American Home Assurance Co. and the National Marine Corporation (NMC) are foreign corporations licensed to do business in the Philippines. On or about 19 June 1988, Cheng Hwa Pulp Corporation shipped 5,000 bales (1,000 ADMT) of bleached kraft pulp from Haulien, Taiwan on board “SS Kaunlaran”, which is owned and operated by NMC. The… Read More American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code