Category: Remedial Law

— Remedial Law —

Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

September 11, 2021

FACTS: A complaint-affidavit was filed by Juno Cars, Inc. for qualified theft and estafa against Alfredo Mendoza, alleging that it hired Alfredo as Trade-In/Used Car Supervisor; that on November 19, 2007, its Dealer/Operator, Rolando Garcia, conducted a partial audit of the used cars and discovered that five (5) cars had been sold and released by… Read More Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

— Mercantile Law, Remedial Law —

BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

September 7, 2021

FACTS: An Information was filed before the RTC of Pasig City against Antonio Choa, then president and general manager of Camden Industries, Inc. for violation of P.D. No. 115, or the Trust Receipts Law. BDO alleged that Choa misappropriated, misapplied and converted to his own personal use and benefit the said goods and/or the proceeds… Read More BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

— Constitutional Law, Remedial Law —

Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

September 4, 2021

FACTS: On April 2, 2009, the Regional Office of the DENR Environmental Management Bureau-Region III (EMB-RIII) filed a complaint before the DENR’s Pollution Adjudication Board (PAB) charging MWSS and its concessionaires, Maynilad and Manila Water, with failure to provide, install, operate, and maintain adequate Wastewater Treatment Facilities (WWTFs) for sewerage system resulting in the degraded… Read More Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

— Criminal Law, Remedial Law —

People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

August 23, 2021

FACTS: In an Information, George Marciales (Marciales), Orly Nabia (Nabia), Paul Pobre (Pobre), and a certain alias “Jun” (Jun) were charged with robbery with homicide, under Article 294(1) of the RPC, as follows: That on or about the 22nd of June 2000, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction… Read More People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

— Remedial Law —

Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information

August 14, 2021

FACTS: Petitioner was originally charged in an information for the crime of frustrated murder allegedly committed as follows: That on or about the 13th day of July 1991, in the Municipality of Makati, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a handgun, with intent to… Read More Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information

— Appeals, Remedial Law —

Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment

August 7, 2021

FACTS: An action for redemption of a parcel of land situated in General Santos City filed by petitioner Biblia Banaga against private respondent Candelario Damalerio.  The trial court dismissed petitioner’s complaint. On appeal, the Court of Appeals reversed the trial court and upheld petitioner’s right to redeem the property. Private respondent’s appeal from said decision… Read More Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment

— Appeals, Remedial Law —

Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

July 31, 2021

FACTS: On January 8, 1996, Aboitiz Shipping Corporation (“ASC”), principally owned by the Aboitiz family, CAGLI, principally owned by the Gothong family, and William Lines, Inc. (“WLI”), principally owned by the Chiongbian family, entered into an agreement whereby ASC and CAGLI would transfer their shipping assets to WLI in exchange for WLI’s shares of stock.… Read More Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

— Civil Law, Remedial Law —

Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

July 26, 2021

FACTS: Elenita Dinglasan was the registered owner of a parcel of land designated as Lot No. 625 covered by TCT No. T-105602, with an aggregate area of 82,972 square meters. While on board a jeepney, Elenita’s mother, Lilia Baluyot, had a conversation with one Maura Passion regarding the sale of the said property. Believing that… Read More Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

— Remedial Law —

The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel

July 22, 2021

FACTS: Sometime in 2001, officers of Clark Development Corporation, a government-owned and controlled corporation, approached the law firm of Laguesma Magsalin Consulta and Gastardo (the law firm) for its possible assistance in handling the corporation’s labor cases. Clark Development Corporation, through its legal officers and after the law firm’s acquiescence, “sought from the Office of… Read More The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel

— Remedial Law —

City of Lapu-Lapu v. PEZA G.R. No. 184203 November 26, 2014 J.Leonen, Special Civil Actions, Declaratory Relief

July 20, 2021

FACTS: The Export Processing Zone Authority (EPZA) was created to operate, administer, and manage the export processing zones. The decree declared the EPZA non-profit in character and was declared exempt from all taxes, including real property taxes that may be due to the Republic of the Philippines, its provinces, cities, municipalities, and other government agencies… Read More City of Lapu-Lapu v. PEZA G.R. No. 184203 November 26, 2014 J.Leonen, Special Civil Actions, Declaratory Relief