Category: Remedial Law

— Civil Law, Remedial Law —

REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

April 10, 2020

FACTS: Paninsingin Primary School (PPS) is a public school in Lipa, Batangas, operated by petitioner Republic of the Philippines through the Department of Education.  PPS has been occupying  a portion of Lots 1923 and 1925, registered in the name of respondents Primo and Maria Mendoza under TCT T-11410. The Mendozas caused said lots to be… Read More REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

— Criminal Law, Remedial Law —

Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

April 9, 2020

FACTS: Lilian De Vera filed a complaint before the DOJ charging with multiple murder several PNP Highway Patrol Group (HPG) officers, herein petitioners P/C Insp. Lawrence B. Cajipe, P/C Insp. Mendoza, P/C Insp. Balatucan, PO3 Mamanao, Jr., P03 Gapuz, PO2 Blanco, P02 Santos, and PO1 Lucena.  The other group of accused consisted of police officers… Read More Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

— Civil Law, Criminal Law, Remedial Law —

Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

April 2, 2020

FACTS:  Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00.  The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks.  Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

— Civil Law, Mercantile Law, Remedial Law —

MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

April 1, 2020

FACTS:  Petitioner MCC is a domestic corporation, engaged in the business of importing and wholesaling stainless steel products, while respondent Ssangyong Corporation, an international trading company with head office in Seoul, South Korea, is one of its suppliers.  The two corporations conducted business through telephone calls and facsimile or telecopy transmissions. Ssangyong would send the… Read More MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

— Remedial Law —

ANTIPORDA v. GARCHITORENA G.R. No. 133289, Dec 23, 1999 Jurisdiction of the Sandiganbayan, Amendment of Information, Estoppel, Preliminary Investigation

March 31, 2020

FACTS:  Licerio A. Antiporda, Jr., the Municipal Mayor of Buguey, Cagayan, and two others, were charged with the crime of kidnapping one Elmer Ramos in an Information dated September 18, 1997. It was filed with the First Division of the Sandiganbayan comprised of the Honorable Francis E. Garchitorena, among others. Prosecutor Agcaoili, representing the prosecution,… Read More ANTIPORDA v. GARCHITORENA G.R. No. 133289, Dec 23, 1999 Jurisdiction of the Sandiganbayan, Amendment of Information, Estoppel, Preliminary Investigation

— Remedial Law —

FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

March 6, 2020

FACTS: First Sarmiento obtained from PBCOM a P40,000,000.00 loan, which was secured by a real estate mortgage over 1,076 parcels of land. The loan agreement was subsequently amended with the increase of the loan amount up to P100,000,000.00. Later, PBCOM filed a Petition for Extrajudicial Foreclosure of Real Estate Mortgage, claiming that it sent First… Read More FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

— Criminal Law, Remedial Law —

Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

March 1, 2020

FACTS: According to the prosecution, at around 1:50 p.m. on April 17, 2006, operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group conducted a stake-out operation in Purok Sigay, Barangay 2, Bacolod City. During the operation, PO2 Villeran heard noises from one of the houses. He “peeped through its window” and saw Lapi,… Read More Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

— Constitutional Law, Remedial Law —

People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

February 21, 2020

J. Peralta  FACTS: Private respondents Carampatana, Oporto and Alquizola were charged, together with Christian John Lim, Emmanuel dela Cruz, Samuel Rudinas, Jansen Roda, Harold Batoctoy, and Joseph Villame, for allegedly raping AAA, a minor.  According to the prosecution, private respondents intoxicated AAA with a hard liquor and once intoxicated, brought AAA to Alquizola Lodging house,… Read More People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

— Remedial Law —

SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

February 12, 2020

FACTS: Spouses Miano are users of the electric service provided by MERALCO. They have two electric meters. One was installed to service their residence, while the other was installed to service their sari-sari store. Upon inspection, MERALCO discovered that there were two jumpers on the meter service connection of Spouses Miano. MERALCO disconnected the electrical… Read More SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]