Author: pinayjurist

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— Civil Law —

HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

October 6, 2017

FACTS: These are two petitions for review on certiorari questioning the decision of the CA which declared the disputed property as forest land, not subject to titling in favor of private persons. These petitions have their genesis in an application for confirmation of imperfect title and its registration filed with the Court of First Instance… Read More HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

— Criminal Law —

US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY

October 6, 2017

FACTS: The accused had been a consumer of electricity furnished by the Manila Electric Railroad and Light Company for a building containing the residence of the accused and three other residences. The representatives of the company, believing that more light was being used than their meter showed, installed an additional meter (Exhibit A) on a… Read More US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY

— Criminal Law —

Josef vs. People G.R. No. 146424 November 18, 2005 Malum Prohibitum, Bouncing Checks, BP 22

October 6, 2017

FACTS:   From June to August, 1991, petitioner, a Marikina-based manufacturer and seller of shoes, purchased materials from respondent Agustin Alarilla, a seller of leather products, for which the former issued a total of 26 postdated checks against his account with the Associated Bank and Far East Bank & Trust Company. When private respondent presented… Read More Josef vs. People G.R. No. 146424 November 18, 2005 Malum Prohibitum, Bouncing Checks, BP 22

— Remedial Law —

JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

October 6, 2017

FACTS: An Information for Estafa against the petitioner was filed with the RTC. The RTC convicted the petitioner as charged. Fourteen (14) days later, the petitioner filed a motion for new trial with the RTC, alleging that she discovered new and material evidence that would exculpate her of the crime for which she was convicted.… Read More JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

— Civil Law —

NIKKO HOTEL MANILA GARDEN and RUBY LIM v. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria

October 6, 2017

FACTS: Reyes, more popularly known by the screen name “Amay Bisaya,” alleged that while he was having coffee at the lobby of Hotel Nikko, Mrs. Filart, his friend of several years, approached him and invited him to join her in a party at the hotel’s penthouse for the birthday of the hotel’s manager, Mr. Tsuruoka.… Read More NIKKO HOTEL MANILA GARDEN and RUBY LIM v. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria

— Remedial Law —

NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

October 6, 2017

   FACTS: Petitioners Neypes, et al. filed an action for annulment of judgment and titles of land and/or reconveyance and/or reversion with preliminary injunction against the Bureau of Forest Development, Bureau of Lands, Land Bank of the Philippines and the heirs of Bernardo del Mundo.   The trial court dismissed petitioners complaint on the ground… Read More NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

— Criminal Law, Remedial Law —

Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

October 6, 2017

FACTS: Petitioner Francisco Colmenares was charged for illegal possession of firearms. He thereafter filed a motion to quash the complaint on the ground of lack of jurisdiction. It was claimed that venue was improperly laid, because the firearms mentioned in the complaint were taken from the possession of the accused in the municipality of La… Read More Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

— Political Law —

Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures

October 6, 2017

The Right against Unreasonable Searches and Seizures   Discuss the constitutional requirement that a judge, in issuing a warrant of arrest, must determine probable cause “personally.” Distinguish determination of probable cause by the prosecutor and determination of probable cause by the judge.   Held: It must be stressed that the 1987 Constitution requires the judge… Read More Sandoval Notes – Political Law Bill of Rights Right against Unreasonable Searches and Seizures

— Political Law —

Sandoval Notes – Political Law Part III Executive Department 1

October 6, 2017

The Executive Department   What are the limitations on the veto power of the President?   Held: The act of the Executive in vetoing the particular provisions is an exercise of a constitutionally vested power. But even as the Constitution grants the power, it also provides limitations to its exercise. The veto power is not… Read More Sandoval Notes – Political Law Part III Executive Department 1