Criminal Law

Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

PEOPLE VS. LUMAYA March 2018 Under varied field conditions, strict compliance with the requirements of Sec. 21, Art. II of R.A. No. 9165 may not always be possible; the IRR of R.A. No. 9165 which is now crystallized into statutory law with the passage of R.A. No. 10640 provides that the said inventory and photography… Read More Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

Labor Law

LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

FACTS: In its petition in the lower court, the Philippine Musicians Guild (the Guild), a duly registered legitimate labor organization, alleged that LVN Pictures, Inc., Sampaguita Pictures, Inc., and Premiere Productions, Inc. are corporations engaged in the making of motion pictures and in the processing and distribution thereof. The Guild likewise alleged that said companies… Read More LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

Constitutional Law, Political Law

Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

FACTS: In 1978, then President Ferdinand Marcos issued Proc. No. 1716 reserving for Municipal Government Center Site Purposes certain parcels of land of the public domain located in San Juan, Metro Manila. In 1986, President Corazon Aquino took the reigns of power under a revolutionary government. On March 24, 1986, she issued her historic Proclamation… Read More Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

Civil Law

Heirs Of Alfonso Yusingco v. Busilak G.R. No. 210504, January 24, 2018 Accion Interdictal, Accion Publiciana, Accion Reivindicatoria, Recovery of Posession

FACTS: Petitioners filed five separate Complaints for accion publiciana and/or recovery of possession against herein respondents and a certain Reynaldo Peralta. The suits, which were subsequently consolidated. Petitioners uniformly alleged in the said Complaints that: they are owners of three (3) parcels of land they inherited the lots from their predecessor-in-interest, Alfonso Yusingco; they were… Read More Heirs Of Alfonso Yusingco v. Busilak G.R. No. 210504, January 24, 2018 Accion Interdictal, Accion Publiciana, Accion Reivindicatoria, Recovery of Posession

Criminal Law

LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness

FACTS: Petitioner Edmisael Lutap, A.K.A. “Egay”, frequently visits the house of AAA’s family, being the best friend of AAA’s father. Around 6:30 in the evening AAA, who was then only six (6) years old and her younger siblings, BBB and CCC, were watching television in their sala, together with petitioner, while their mother DDD was… Read More LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness

Criminal Law

People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo

FACTS: The group of the late Mayor Jorge Arreola of Buguey, Cagayan, arrived at the cockpit arena while the  accused Mario Tabaco was seated on the arm of the bench situated at the lower portion of the arena about more than three (3) meters away, from the place where the late Mayor and his group… Read More People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo

Criminal Law, Remedial Law

People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime

FACTS: Radel Gallarde was charged with the special complex crime of rape with homicide in an information, the accusatory portion reads as follows: That on or about the 6th day of May 1997, in the evening, amidst the field located at Brgy. Trenchera, Tayug, Pangasinan, the above-named accused, and by means of force, violence and… Read More People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime