Category: Remedial Law

— Civil Law, Remedial Law —

Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

February 23, 2022

FACTS: Private respondent Pacific General Steel Manufacturing Corp. (PGSMC), a domestic corporation, and petitioner Korea Technologies Co., Ltd. (KOGIES), a Korean corporation,  executed a Contract whereby KOGIES would set up an LPG Cylinder Manufacturing Plant in Carmona, Cavite. The contract was executed in the Philippines.  The parties amended the contract in Korea, under which, KOGIES… Read More Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

— Appeals, Remedial Law —

Tating v. Marcella G.R. No. 155208 March 27, 2007 Evidence, Appeal

January 26, 2022

FACTS: On October 14, 1969, Daniela sold the subject property to her granddaughter, herein petitioner Nena  Tating. The contract of sale was embodied in a duly notarized Deed of Absolute Sale executed by Daniela in favor of Nena.  Subsequently, title over the subject property was transferred in the name of Nena. She declared the property… Read More Tating v. Marcella G.R. No. 155208 March 27, 2007 Evidence, Appeal

— Remedial Law —

Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

November 21, 2021

FACTS: On 25 July 1996, NBI Agent Dominador Samiano, Jr. filed several applications for search warrants in the RTC against Maxicorp for alleged copyright infringement under Section 29 of PD 49 and unfair competition under Article 189 of the RPC. To support these charges, petitioners presented the testimonies of NBI Agent Samiano, computer technician Pante,… Read More Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

— Constitutional Law, Remedial Law —

People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

November 16, 2021

FACTS: Arnel Alicando was charged with the crime of rape with homicide  for having carnal knowledge with Khazie Mae Penecilla, a four year old. The victim suffered asphyxia by strangulation, fractured cervical vertebra and lacerations of the vaginal and rectal openings causing profuse hemorrhages and other injuries which are necessarily fatal and which were the… Read More People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

— Constitutional Law, Remedial Law —

People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

November 9, 2021

FACTS: On November 17, 1986, police officer Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused Yolanda Gesmundo. Luciano saw the accused selling marijuana to his civilian informer by the door outside the house of the accused. Immediately thereafter, that same day Luciano applied for a search warrant. Later… Read More People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

— Constitutional Law, Remedial Law —

People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

October 30, 2021

FACTS: On May 19, 2003, a confidential agent of the police transacted through cellular phone with appellant for the purchase of shabu. The agent later reported the transaction to the police authorities who immediately formed a team composed of member of the Philippine Drug Enforcement Agency (PDEA), the Intelligence group of the Philippine Army and… Read More People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

— Constitutional Law, Remedial Law —

Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

October 14, 2021

FACTS: Petitioner Teresita G. Fabian was the major stockholder and president of PROMAT Construction Development Corporation which was engaged in the construction business. Private respondents Nestor V. Agustin was the incumbent District Engineering District when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman.… Read More Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

— Constitutional Law, Remedial Law —

Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

October 3, 2021

FACTS: In an Information dated September 19, 2013, Marvin Cruz, along with seven (7) others, was charged with Robbery in an Uninhabited Place and by a Band for unlawfully taking four (4) sacks filled with scraps of bronze metal and a copper pipe worth ₱72,000.00 collectively. Cruz posted bail through a cash bond in the… Read More Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

— Civil Law, Remedial Law —

Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

September 18, 2021

FACTS: Petitioners Sofia Tabuada et al commenced an action to declare the nullity of a mortgage and damages against respondents Spouses Certeza, Eleanor Tabuada, Trabuco and Redondo. The complainant included a prayer for a temporary restraining order (TRO) and for the issuance of the writ of preliminary injunction. Petitioner testified that her late husband Simeon… Read More Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence