Category: Remedial Law

— Criminal Law, Remedial Law —

Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

July 17, 2021

FACTS: Jadewell Parking Systems Corporation, through its General Manager Norma Tan, et al., alleged in their affidavit-complaint that on May 17, 2003, respondents Edwin Ang, Benedicto Balajadia and John Doe dismantled, took and carried away the clamp attached to the left front wheel of a Mitsubishi Adventure owned by Edwin Ang, which was then illegally… Read More Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

— Constitutional Law, Remedial Law —

Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

July 15, 2021

FACTS: After several committee hearings and consultations with various stakeholders, the Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a ban against aerial spraying as an agricultural practice by all agricultural entities within Davao City. City Mayor Rodrigo Duterte approved the ordinance on February 9, 2007. The ordinance took… Read More Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

— Civil Law, Remedial Law —

Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

July 13, 2021

FACTS: On July 27, 2007, the RTC declared petitioner Celerina J. Santos presumptively dead after her husband, respondent Ricardo T. Santos, had filed a petition for declaration of absence or presumptive death for the purpose of remarriage on  June 15, 2007.  Ricardo alleged that after they had gotten married on June 18, 1980. After a… Read More Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

— Remedial Law —

Briones v. CA G.R. No. 204444 January 14, 2015 Venue of Actions

July 11, 2021

FACTS: Virgilio Briones alleged that he is the owner of a property covered by TCT No. 160689 (subject property). On July 15, 2010, his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash Asia.  Upon investigation, Briones discovered that:  (a) on December… Read More Briones v. CA G.R. No. 204444 January 14, 2015 Venue of Actions

— Constitutional Law, Political Law, Remedial Law —

People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder

July 5, 2021

FACTS: At about 3:45 A.M. of March 7, 1992, SPO3 Reynaldo de Vera of the Dagupan City Police Station received a report about a shooting incident at the annex building of the Lucky Hotel. He proceeded to the crime scene along with SPO4 Orlando Garcia, SPO3 Mauricio Flores and SPO3 Noli de Castro. Upon their… Read More People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder

— Constitutional Law, Remedial Law —

Stonehill v. Diokno G.R. No. L-19550 June 19, 1967 Bill of Rights, Criminal Procedure

June 30, 2021

FACTS: Respondents-Prosecutors — several judges — hereinafter referred to as Respondents-Judges — issued, on different dates, a total of 42 search warrants against Harry S. Stonehill, et al., (petitioners herein and/or the corporations of which they were officers), directed to the any peace officer, to search the persons above-named and/or the premises of their offices,… Read More Stonehill v. Diokno G.R. No. L-19550 June 19, 1967 Bill of Rights, Criminal Procedure

— Constitutional Law, Political Law, Remedial Law —

SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

May 14, 2021

FACTS: Petitioners Social Justice Society (SJS), et al., in an original petition for mandamus under Rule 65, sought to compel respondent Hon. Jose L. Atienza, Jr., then mayor of the City of Manila, to enforce Ordinance No. 8027. This ordinance was enacted by the Sangguniang Panlungsod of Manila on November 20, 2001, approved by respondent… Read More SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

— Remedial Law —

UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

May 13, 2021

FACTS: A contract of lease was executed between Vipa Fernandez and Rafael Uy over a parcel of land for the amount of P3,000.00 per month, with a provision for a 10% increase every year thereafter. Vipa died and Grace Joy, Vipa’s daughter, became the de facto administrator of the estate of Vipa. In June 1998,… Read More UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

— Criminal Law, Remedial Law —

Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

May 12, 2021

FACTS: An Information was filed charging Rustico Abay, Jr., Reynaldo Darilag, Ramoncito Aban, Ernesto Ricalde, Ramon Punzalan, Ariston Reyes, Isagani Espeleta, Cesar Camacho, Leonardo Perello and Danilo Pascual with the crime of Highway Robbery/Brigandage. Thelma Andrade, a conductress of the Kapalaran Bus Line, testified that in the evening of February 17, 1994, the bus she… Read More Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi