— Bar Q & A, Civil Law —

Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

August 23, 2020

A contract of carriage generates a relation attended with public duty, neglect or malfeasance of the carrier’s employees and gives ground for an action for damages. The liability of common carriers under Article 1759 is demanded by the duty of extraordinary diligence required of common carriers in safely carrying their passengers. On the other hand,… Read More Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

— Criminal Law —

PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

August 22, 2020

FACTS: On Christmas Day of 1990, at around 4:00 P.M., Luzviminda, the 14-year old daughter of the victim testified that she was playing with her siblings at home, when she was asked by her mother to fetch her father, Jaime Ballesteros, who was then watching a game in the basketball court. On her way, Luzviminda… Read More PEOPLE v. DECENA G.R. No. 107874 August 4, 1994 Self-defense v. Retaliation

— Criminal Law —

People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

August 20, 2020

FACTS: Raymundo Zamora  went home for breakfast after driving his tricycle. He found Francisca Talaro, Lolito Aquino, Renato Ramos, and Norberto Adviento talking under a santol tree in front of his house.  He went near the group and he learned that his aunt, Francisca, was transacting with the other three accused-appellants for the killing of… Read More People v. Talaro G.R. No. 175781 March 20, 2012 Conspiracy

— Constitutional Law, Political Law —

EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

August 20, 2020

No private property shall be taken for public use without just compensation; ideally, just compensation should be immediately paid to the property owner so that he may derive income from this compensation, in the same manner that he would have derived income from his property; if full compensation is not paid, the State must make… Read More EMINENT DOMAIN: 17 Recent Rulings & 3 Bar Q & A’s

— Corporation Law, Mercantile Law —

Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

August 18, 2020

FACTS: Redmont, a domestic corporation, took interest in mining and exploring certain areas of the province of Palawan. However, the areas where it wanted to undertake exploration and mining activities were already covered by Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra, Tesoro and McArthur. Redmont filed with the DENR three (3) separate petitions… Read More Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

— Political Law, Remedial Law —

CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

August 17, 2020

FACTS: Petitioner Chamber of Real Estate and Builders’ Association, Inc. (CREBA) is a non-stock, non-profit corporation, with almost 4,500 members, comprising of developers, brokers, appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the housing and real estate business. The ERC is a quasi-judicial and quasi-legislative regulatory body, as an administrative… Read More CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

— Remedial Law —

Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

August 15, 2020

WRIT OF AMPARO ––      The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018) ––      The respondent who is a public… Read More Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

— Criminal Law —

People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt

August 14, 2020

FACTS: AAA, a housemaid, was invited by accused Carlito Claro who was then working as a security guard near AAA’s place of work, to meet at Augusto San Francisco Street, Sta. Ana Manila. There, they proceeded on board a passenger jeepney to the Jollibee restaurant in Rizal Avenue. Thereafter, they proceeded to Aroma Motel. Upon… Read More People v. Claro G.R. No. 199894 April 5, 2017 Reasonable Doubt, Accused Acquitted on the ground of Reasonable Doubt