Category: Remedial Law

— 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

— Civil Law, Remedial Law —

SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

March 2, 2021

FACTS: On September 24, 1990, a Supreme Transliner bus owned by Petitioner Felipe Sia, and driven by co-petitioner Novencio Flores, collided with a passenger jeepney carrying private respondents Gloria and Lotis Brazal. The jeepney was owned by Marcelino Villones and driven by Reynaldo Decena. Private respondents instituted a civil case for damages against petitioners based… Read More SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

— Remedial Law —

People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

March 1, 2021

FACTS: On October 16, 1998, around 10:30 in the evening, Filomena Raymundo heard gunshots just moments after her husband Mariano Raymundo, Jr. had stepped out of their house to go to the backyard to attend to his quails. As the shots came from the direction where Mariano was, Filomena rushed to the kitchen door and,… Read More People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

— Remedial Law, Special Proceedings —

SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

February 20, 2021

FACTS: The RTC admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed a contingent claim for agent’s commission due him amounting to approximately ₱206,250.00 in the event of the sale of certain… Read More SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

— Remedial Law —

Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

February 9, 2021

FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure