Remedial Law, Special Proceedings

Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

FACTS: Petitioner Republic of the Philippines filed an action forΒ  the Probate of the Will of Ferdinand E. MarcosΒ  claiming that during his exile, the late President Marcos executed his last will and testament in Hawaii, USA, with his wife Imelda Marcos and son Ferdinand R. Marcos II as executors. Petitioner prayed that the letters… Read More Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

Criminal Law, Remedial Law

Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

FACTS: In the evening of March 14, 1997, Jerry Macabael, a municipal guard, was shot and killed along the national highway at Bansud, Oriental Mindoro while driving a motorcycle together with petitioner Soller’s son, Vincent M. Soller. His body was brought to a medical clinic located in the house of petitioner Dr. Prudente Soller, the… Read More Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

Mercantile Law, Remedial Law

NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

FACTS: Petitioner is the defendant in a complaint for collection of a sum of money filed by the private respondent Ricardo Tong. On July 19, 1974, a compromise judgment was rendered by the respondent Judge Alberto Seneris in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply… Read More NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

Criminal Law, Remedial Law

People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

FACTS: Juanito Garcia was charged with three (3) counts of statutory rape committed against AAA, his cousin, then a minor, 8 years old, against her will.  Juanito pleaded not guilty to the charges. During trial, the prosecution presented three (3) witnesses: (a) AAA, who was eleven (11) years old at the time she testified; (b)… Read More People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

Remedial Law

Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

FACTS: On December 5, 2021, Leodegario D. Boongaling and Fortunato Diate, filed a Complaint for sum of money and damages against Banco San Juan, wherein they alleged that they are depositors of said bank, that their passbook reflected a balance of P574,313.93 as of December 9, 2008, and that they never withdrew money from the… Read More Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

Criminal Law, Legal Ethics, Remedial Law

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

Constitutional Law, Remedial Law

EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

FACTS: On January 15, 1979, the President issued Proclamation No. 1811, reserving a certain parcel of land of the public domain situated in the Lapu-Lapu City, Mactan, Cebu and covering a total area of 1,193,669 square meters, more or less, for the establishment of an export processing zone by petitioner Export Processing Zone Authority (EPZA).… Read More EPZA v. DULAY G.R. No. L-59603, April 29, 1987 Expropriation, Just Compensation

Appeals, Remedial Law

π™°π™½π™²π™·π™΄πšƒπ™° 𝚟.Β  π™²π™°π™Όπ™±π™°πšˆ, G.R. No. 204272, January 18, 2021 J. Hernando, Remedies, Annulment of Judgment, Extrinsic Fraud,

FACTS: On June 12, 2003, Vivian Ancheta obtained a loan from Mary Cambay in the amount of P25,000.00 with a 10% monthly interest payable within two months from even date. As security for the loan, Vivian executed a Real Estate MortgageΒ in favor of Cambay over a parcel of land which was registered under the names… Read More π™°π™½π™²π™·π™΄πšƒπ™° 𝚟.Β  π™²π™°π™Όπ™±π™°πšˆ, G.R. No. 204272, January 18, 2021 J. Hernando, Remedies, Annulment of Judgment, Extrinsic Fraud,

Appeals, Criminal Law, Remedial Law

De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers 

FACTS: LEILA M. DE LIMA, RAFAEL MARCOS Z. RAGOS and RONNIE P. DAYAN, were accused of violation of Section 5, in relation to Section 3 (jj), Section 26 (b) and Section 28, Republic Act No. 9165, otherwise known as theΒ Comprehensive Dangerous Act of 2002,Β in Criminal Case No. 17-165, the Information of which reads: That within… Read More De Lima v. Guerrero G.R. No. 229781, October 10, 2017 Jurisdiction over Offenses and Felonies Committed by Public Officers 

Remedial Law

Asistio v. People G.R. No. 200465, April 20, 2015 Jurisdiction in Criminal Cases

FACTS: Petitioner Jocelyn Asistio was charged with violation of Section 46 of the Cooperative Code of the Philippines RA No. 6938.  The accusatory portion of the Information filed against her reads: That on or about July 27, 1998, in the City of Manila, Philippines, the said accused, being then the Chairperson and Managing Director of… Read More Asistio v. People G.R. No. 200465, April 20, 2015 Jurisdiction in Criminal Cases