— 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

— Civil Law —

KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

February 15, 2021

FACTS: The Philippine Agricultural Trading Corporation shipped on board the vessel M/V PRINCE ERIC, of Butuan Shipping Lines, owned by petitioner Khe Hong Cheng, 3,400 bags of copra at Masbate, for delivery to Dipolog City, Zamboanga del Norte. The shipment was covered by a marine insurance policy issued by American Home Insurance Company. M/V PRINCE… Read More KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

— Taxation —

Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

February 13, 2021

FACTS: Petitioner Paseo Realty and Development Corporation, a domestic corporation engaged in the lease of two (2) parcels of land at Paseo de Roxas in Makati City, filed its Income Tax Return for the calendar year 1989 declaring a net income of ₱79,009.00, an income tax due thereon in the amount of ₱27,653.00, prior year’s… Read More Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

— Criminal Law —

Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

February 10, 2021

FACTS: Jesus Aparente was charged with violation of R.A. 9165 for having in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat-sealed transparent plastic sachet, which was found positive to the test for Methamphetamine hydrochloride, also known as shabu. Aparente pleaded not guilty upon arraignment. The trial court found… Read More Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

— 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

— Civil Law —

Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

February 8, 2021

FACTS: Liberty Albios filed with the RTC a petition for declaration of nullity of her marriage with Daniel Lee Fringer, an American citizen.  She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with… Read More Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

— Civil Law —

STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

February 7, 2021

FACTS: On May 24, 1989, [respondent] Republic-Asahi entered into a contract with x x x Jose D. Santos, Jr., the proprietor of JDS Construction (JDS), for the construction of roadways and a drainage system in Republic-Asahi’s compound, which was supposed to be completed within a period of 240 days, where [respondent] was to pay x… Read More STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

— Legal Ethics —

IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

February 6, 2021

FACTS: Atty. Maranan filed a criminal complaint before  the Ombudsman against then Vice Mayor Francisco “Isko Moreno”  Domagoso of the City of Manila, charging him with Falsification  of Public Documents and violation of Section 3 (e) of Republic Act No. 3019  for having signed, in behalf of the Manila City Government, consultancy  contracts with persons… Read More IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

— Remedial Law —

INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

February 2, 2021

FACTS: In 1998, Intramuros leased certain real properties of the national government, which it administered to Offshore Construction. All their lease contracts also made reference to an August 20, 1998 memorandum of stipulations, which included a provision for lease renewals every five (5) years upon the parties’ mutual agreement.  Offshore Construction occupied and introduced improvements… Read More INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

— Civil Law —

Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession

January 31, 2021

FACTS: Dr. Juvencio P. Ortaez owned ninety percent (90%) of the subscribed capital stock of Philinterlife.   When Dr. Ortaez died, he left behind a wife(Juliana), three legitimate children (Rafael, Jose and Antonio Ortaez) and five illegitimate children (herein private respondent Ma. Divina Ortaez-Enderes and her siblings). Rafael Ortaez filed before the CFI Quezon City Branch… Read More Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession