Category: Remedial Law

— Remedial Law —

PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

October 26, 2017

FACTS: Louel Uy and Teofilo Panangin were charged for the killing of Rabel Campos who was found dead with several stab wounds. The RTC granted the separate demurrer to evidence of accused Uy and Panangin resulting in their acquittal for murder due to insufficiency of evidence, but nevertheless holding them jointly and severally liable to… Read More PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

— Criminal Law, Remedial Law —

PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

October 26, 2017

FACTS: Accused-appellants Florencio Doria and Violeta Gaddao were charged with violation of Section 4, in relation to Section 21 of the Dangerous Drugs Act of 1972. Members of PNP Narcotics Command (Narcom), received information from two civilian informants (CI) that one “Jun” who was later identified to be Florencio Doria was engaged in illegal drug… Read More PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

— Remedial Law —

PALU-AY vs. CA G.R. No. 112995. July 30, 1998 Double Jeopardy, Annulment of judgment

October 25, 2017

FACTS: In the case at bar, it is contended that the decision of the RTC should be annulled because it is based on an issue not made out during the trial. This case of annulment of final judgment was dismissed by the CA. the CA held that petitioner could not validly file a petition for… Read More PALU-AY vs. CA G.R. No. 112995. July 30, 1998 Double Jeopardy, Annulment of judgment

— Remedial Law —

SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

October 25, 2017

FACTS: Petitioner was charged with homicide for killing the victim Wong after the latter allegedly attempted to rob him of a large amount of cash which he had just withdrawn from the automatic teller machine. Petitioner filed a demurrer to evidence after the prosecution adduced its evidence and rested its case. The trial court subsequently… Read More SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

— Criminal Law, Remedial Law —

VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

October 25, 2017

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible… Read More VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

— Criminal Law, Remedial Law —

BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

October 19, 2017

FACTS: Petitioner Benabaye was the Loans Bookkeeper of Siam Bank and was authorized to collect and/or accept loan payments of Siam Bank’s clients and issue provisional receipts therefor, accomplish a cash transfer slip at the end of each banking day detailing the amounts of money that she has received, and remit such payments to Tupag,… Read More BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

— Constitutional Law, Political Law, Remedial Law —

RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

October 18, 2017

  FACTS:  Petitioners in this special civil action for mandamus with preliminary injunction invoke their right to information and pray that respondent be directed: (a) to furnish petitioners the list of the names of the Batasang Pambansa members belonging to the UNIDO and PDP-Laban who were able to secure clean loans immediately before the February… Read More RICARDO VALMONTE, et al. vs. FELICIANO BELMONTE, JR.. G.R. No. 74930 February 13, 1989 Right to Information; Mandamus; GSIS Law; “public concern” and “public interest”

— Remedial Law —

SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

October 18, 2017

  FACTS: The petitioner was granted a Timber License Agreement (TLA), authorizing it to cut, remove and utilize timber within the concession area covering 29,500 hectares of forest land in Zamboanga del Sur, for a period of ten years expiring on September 31, 1992.‘ in 1987, herein private respondents filed a petition with the DENR… Read More SUNVILLE TIMBER PRODUCTS, INC. vs. HON. ALFONSO G. ABAD, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI G.R. No. 85502 February 24, 1992 Exhaustion of Administrative Remedies

— Constitutional Law, Remedial Law —

Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

October 16, 2017

   FACTS: Arnold Alva was accused of defrauding YUMI VERANGA HERVERA by means of false manifestation and fraudulent representation to the effect that he could process the latter’s application for U.S. Visa provided she would give the amount of P120,000.00, and by means of other similar deceit, induced and succeeded in inducing said YUMI VERANGA… Read More Alva vs. CA G.R. No. 157331 April 12, 2006 Bail

— Constitutional Law, Remedial Law —

Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005

October 16, 2017

  FACTS: In a verified letter-complaint dated November 8, 2003, Silas Y. Cañada administratively charged respondent Judge Ildefonso B. Suerte of the Regional Trial Court (RTC), Branch 60, Barili, Cebu, of arbitrary detention punished under Article 124 of the Revised Penal Code and the provisions of Republic Act No. 3019 entitled “Anti-Graft and Corrupt Practices… Read More Canada vs. Judge Suerte A.M. No. RTJ-04-1875 Nov. 9, 2005