Criminal Law, Remedial Law

People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

FACTS: Juanito Garcia was charged with three (3) counts of statutory rape committed against AAA, his cousin, then a minor, 8 years old, against her will.  Juanito pleaded not guilty to the charges. During trial, the prosecution presented three (3) witnesses: (a) AAA, who was eleven (11) years old at the time she testified; (b)… Read More People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

Remedial Law

Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

FACTS: On December 5, 2021, Leodegario D. Boongaling and Fortunato Diate, filed a Complaint for sum of money and damages against Banco San Juan, wherein they alleged that they are depositors of said bank, that their passbook reflected a balance of P574,313.93 as of December 9, 2008, and that they never withdrew money from the… Read More Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

Criminal Law, Legal Ethics, Remedial Law

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

Constitutional Law, Taxation

SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

FACTS: From 2016, the Philippines began regulating online gaming hubs, specifically the Philippine Offshore Gaming Operators (POGOs).  The PAGCOR issued POGO Rules and Regulations defining offshore gaming as “the offering by a licensee of PAGCOR authorized online games of chance via the internet using a network and software or program, exclusively to offshore authorized players… Read More SAINT WEALTH LTD. v. BIR G.R. No. 252965 December 07, 2021, POGO Rules and Regulations, Franchise Tax  

Civil Law

Gocolay v. Gocolay G.R. No. 220606, January 11, 2021 Nonmarital Child, Paternity and Filiation, Supervening Event

FACTS: Michael Benjo Gocolayfiled a petition for paternity, seeking to be recognized as a biological and nonmarital son of Miguel Gocolay.  According to Michael, his mother Priscilla Castor met Miguel in 1976, and had a romantic relationship with him which resulted in a pregnancy. When Michael was born, Miguel allegedly promised to support him and… Read More Gocolay v. Gocolay G.R. No. 220606, January 11, 2021 Nonmarital Child, Paternity and Filiation, Supervening Event

Constitutional Law, Political Law

IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

FACTS: Arturo E. Garcia has applied for admission to the practice of law in the Philippines without submitting to the required bar examinations. In his verified petition, he avers, among others, that he is a Filipino citizen born in Bacolod City, Province of Negros Occidental, of Filipino parentage; that he had taken and finished in… Read More IN RE: PETITION OF ARTURO EFREN GARCIA for admission to the Philippine Bar without taking the examination August 15, 1961 

Law School

People v. Gozo G.R. No. L-36409 October 26, 1973 Sovereignty, National Territory

FACTS: Loreta Gozo bought a house and lot located inside the United States Naval Reservation within the territorial jurisdiction of Olongapo City. She demolished the house and built another one in its place, without a building permit, because she was told by an assistant in the City Mayor’s office, and by her neighbors in the… Read More People v. Gozo G.R. No. L-36409 October 26, 1973 Sovereignty, National Territory

Law School

Marcos v. Marcos G.R. No. 136490 Psychological Incapacity, Declaration of Nullity of Marriage October 19, 2000

FACTS: Appellant Wilson G. Marcos joined the Armed Forces of the Philippines in 1973. Later on, he was transferred to the Presidential Security Command in Malacañang during the Marcos Regime. Appellee Brenda B. Marcos, on the other hand, joined the Women’s Auxilliary Corps under the Philippine Air Force in 1978. After the EDSA Revolution, both… Read More Marcos v. Marcos G.R. No. 136490 Psychological Incapacity, Declaration of Nullity of Marriage October 19, 2000

Civil Law

Macalinao v. Ong G.R. No. 146635 Negligence, Damages, Evidence

FACTS: Marcelo Macalinao and Eddie Medecielo Ong were employed as utility man and driver, respectively, at the Genetron International Marketing, a single proprietorship owned and operated by Genovevo Sebastian.  On 25 April 1992, Sebastian instructed Macalinao, Ong and two truck helpers to deliver a heavy piece of machinery reactor/motor for mixing chemicals, to Sebastian’s manufacturing… Read More Macalinao v. Ong G.R. No. 146635 Negligence, Damages, Evidence