Category: Remedial Law

— Remedial Law —

Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

April 4, 2021

FACTS: Petitioner BSP filed a Complaint for annulment of title, revocation of certificate and damages (with application for TRO/writ of preliminary injunction) against Secretary Jose L. Atienza, Jr., respondent Feliciano P. Legaspi, et al. The RTC issued an Order mandating the issuance of preliminary injunction, enjoining defendants Engr. Ramon C. Angelo, Jr. and Legaspi, and… Read More Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

— Corporation Law, Mercantile Law, Remedial Law —

Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

March 30, 2021

FACTS: The Members of Tramo Wakas Neighborhood Association (respondents), filed a petition before the Presidential Action Center, alleging that petitioner, Pascual and Santos, Inc., claims ownership of the subject lots which they have openly, peacefully and continuously occupied since 1957. The petition was referred to the Land Management Bureau (LMB), for investigation and hearing. The… Read More Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

— Civil Law, Remedial Law —

Emnace v. CA G.R. No. 126334, November 23, 2001 Stages of Partnership, Payment of Docket Fees

March 28, 2021

FACTS: Emilio Emnace, Vicente Tabanao and Jacinto Divinagracia were partners in a business known as Ma. Nelma Fishing Industry. Sometime in January of 1986, they decided to dissolve their partnership and executed an agreement of partition and distribution of the partnership properties among them, consequent to Divinagracia’s withdrawal from the partnership. Among the assets to… Read More Emnace v. CA G.R. No. 126334, November 23, 2001 Stages of Partnership, Payment of Docket Fees

— Remedial Law —

Expertravel & Tours v. CA G.R. No. 152392 May 26, 2005 Certificate of Non-Forum Shopping, Judicial Notice

March 24, 2021

FACTS: Korean Airlines (KAL) is a corporation established and registered in the Republic of South Korea and licensed to do business in the Philippines.  On September 6, 1999, KAL, through Atty. Mario Aguinaldo, filed a Complaint against Expert Travel & Tours Inc. (ETI) with the RTC of Manila, for the collection of money, plus attorney’s… Read More Expertravel & Tours v. CA G.R. No. 152392 May 26, 2005 Certificate of Non-Forum Shopping, Judicial Notice

— Constitutional Law, Remedial Law —

Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights

March 22, 2021

FACTS: Sonny H. Villarias narrated that at about 8:00 p.m. of October 13, 2001, he was awakened by four (4) uniformed officers, namely: SPO4 Quirino Dela Cruz, PO1 Cantorna, and two others.  He said that SPO4 Dela Cruz poked an armalite rifle at him, and handcuffed him to the steering wheel of their patrol car. … Read More Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights

— Civil Law, Remedial Law —

Orbe v. FILINVEST G.R. No. 208185, September 06, 2017 -J. Leonen Maceda Law

March 21, 2021

FACTS:  Priscilla Zafra Orbe entered into a purchase agreement with respondent Filinvest Land, Inc. over a lot in Rizal. The total contract price was P2,566,795.00, payable on installment basis. From June 17, 2001 to July 14, 2004, Orbe paid a total of P608,648.20. These were mainly through several Metrobank checks, for which Filinvest issued official… Read More Orbe v. FILINVEST G.R. No. 208185, September 06, 2017 -J. Leonen Maceda Law

— Criminal Law, Remedial Law —

People v. Conrado Cacayan G.R. NO. 180499 July 9, 2008 Alibi, Rape

March 20, 2021

FACTS: Four Informations for rape were filed accusing appellant Conrado Cacayan of raping his eighteen (18)-year old daughter, AAA. The first incident was on May 13 1997, when AAA went out with appellant to gather rattan in the mountain wherein appellant succeeded in having carnal knowledge of AAA against her will, with his bolo pointed… Read More People v. Conrado Cacayan G.R. NO. 180499 July 9, 2008 Alibi, Rape

— Remedial Law —

Bangko Sentral ng Pilipinas v. Commission on Audit G.R. No. 213581, September 19, 2017 – J.Leonen Administrative Due Process, Substantial Evidence

March 19, 2021

FACTS: Verlina Silo and Evelyn T. Yap were designated as Acting Bank Officer III and Bank Officer II, respectively at Bangko Sentral ng Pilipinas (BSP), Cotabato Branch. Silo transferred her cash accountabilities to Yap, and six (6) months later, Yap had to turn over her cash accountability back to Silo. From December 5, 2005 to… Read More Bangko Sentral ng Pilipinas v. Commission on Audit G.R. No. 213581, September 19, 2017 – J.Leonen Administrative Due Process, Substantial Evidence

— Remedial Law —

Viaje v. Pamintel G.R. NO. 147792 January 23, 2006 Clear and Convincing Evidence

March 11, 2021

FACTS: Silverio owned a parcel of land (“Lot No. 1993-A”) covered by TCT No. T-19110 issued in his name. On 5 July 1968, Pedro secured the cancellation of TCT No. T-19110 and obtained TCT No. T-30457 issued in his name based on a July 3, 1968 “Deed of Sale” wherein Silverio sold Lot No. 1993-A… Read More Viaje v. Pamintel G.R. NO. 147792 January 23, 2006 Clear and Convincing Evidence

— Criminal Law, Remedial Law —

Lapi v. People G.R. No. 210731 Feb 13, 2019 -J. Leonen RA 9165, Warrantless Arrest

March 5, 2021

FACTS: On April 17, 2006, during a stake-out operation conducted in Purok Sigay, Barangay 2, Bacolod City, the operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group heard noises from one of the houses. PO2 Villeran “peeped through its window” they caught Simeon Lapi, Allen Sacare, and Kenneth Lim,  “having a pot session.”… Read More Lapi v. People G.R. No. 210731 Feb 13, 2019 -J. Leonen RA 9165, Warrantless Arrest