Remedial Law

TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award

FACTS: Kanemitsu Yamaoka, five Philippine tuna processors, and respondent Kingford entered into a Memorandum of Agreement (MOA), which provided, among others, the establishment of Tuna Processors, Inc. (TPI). Due to a series of events, the licensees, including respondent Kingford, withdrew from petitioner TPI and correspondingly reneged on their obligations. Petitioner submitted the dispute for arbitration… Read More TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award

Remedial Law

LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

FACTS: Gloria Lucas charged respondent, Judge Amelia A. Fabros with Gross Ignorance of the Law and Grave Abuse of Discretion relative to Civil Case No. 151248. Complainant, who was the defendant in the aforecited case, alleged that Judge Amelia A. Fabros issued an Order dated February 26, 1997 granting the plaintiffs motion for reconsideration of the… Read More LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

Civil Law, Remedial Law

Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

FACTS: The spouses Tijam filed a case against the spouses Sibonghanoy to recover the sum of P1,908.00, with legal interest, plus costs. A writ of attachment was issued by the court against defendants’ properties, but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc.… Read More Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

Remedial Law

CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

FACTS: Sgt. Victorino Noceja and Pat. Alex de Castro, while on a routine patrol in Barangay Sampalucan, Pagsanjan, spotted a passenger jeep unusually covered with “kakawati” leaves. Suspecting that the jeep was loaded with smuggled goods, the two police officers flagged down the vehicle. The jeep was driven by appellant. When asked what was loaded… Read More CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

Remedial Law

PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

Although a waiver of the right to present evidence by the accused is not a trivial matter to be lightly regarded by the trial court, the filing of the demurrer to evidence without express leave of court operates as a waiver that binds the accused pursuant to the express provision of the Rules of Court.… Read More PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

Bar Q & A, Remedial Law

2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex

I. Lender extended to Borrower a P100,000.00 loan covered by a promissory note. Later, Borrower obtained another P100,000.00 loan again covered by a promissory note. Still later, Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at P500,000.00 Borrower defaulted on his payments when the loans matured. Despite demand… Read More 2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex

Remedial Law

People v. Lacson G.R. No. 149453. April 1, 2003 Criminal Procedure, Provisional Dismissal

FACTS: Respondent and his co-accused were charged with multiple murder for the shooting and killing of eleven persons who were claimed to be members of the Kuratong Baleleng Gang. The said cases docketed as Criminal Cases Nos. Q-99-81679 to Q-99-81689 were provisionally dismissed with the express consent of the respondent as he himself moved for… Read More People v. Lacson G.R. No. 149453. April 1, 2003 Criminal Procedure, Provisional Dismissal

Remedial Law

MMDA v. CONCERNED RESIDENTS OF MANILA BAY G.R. Nos. 171947-48 December 18, 2008 Mandamus

FACTS: Respondents Concerned Residents of Manila Bay filed a complaint before the RTC in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law,… Read More MMDA v. CONCERNED RESIDENTS OF MANILA BAY G.R. Nos. 171947-48 December 18, 2008 Mandamus

Bar Q & A, Remedial Law

2007 Remedial Law BAR EXAM Q&A (with A Summary of Topics covered)

Recognition of Foreign Judgments Foreign Arbitral Award Global Injunction Petition for Relief from judgment Hearsay Rule Declaration of Nullity of Marriage Habeas Corpus (Custody of minor child) Demurrer to Evidence Right to Speedy Trial Certificate against Forum Shopping Extrajudicial Settlement of Estate Reversed Trial Petition for Annulment of Judgment I (Total 10%) (a) What are… Read More 2007 Remedial Law BAR EXAM Q&A (with A Summary of Topics covered)