Political Law

Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

FACTS: This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court, invoking the power of the Court “to promulgate rules concerning protection and enforcement of constitutional rights, to declare the cases filed by private respondents against petitioners as Strategic Lawsuits Against Public Participation (SLAPP) and therefore contrary to the… Read More Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

Constitutional Law, International Law, Political Law

Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

January 16 – July 28, 2017 August 6, 2017 April 20, 2018 POLITICAL LAW  THE  CONSTITUTION  The Doctrine of Constitutional Supremacy  Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into… Read More Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

Remedial Law

Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

FACTS: Accused, Dominador Bustos, assisted by counsel, appeared at the preliminary investigation, wherein the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, to which he entered the plea of not guilty.  Then his counsel moved that the complainant present her evidence so that she… Read More Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

Remedial Law

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

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

Remedial Law

CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

Remedial Law

Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

FACTS: Sometime in 1961, a judgment for a sum of money was rendered in favor of Independent Mercantile Corp. (IMC) against a certain Manuel Magali.  After said judgment became final, a writ of execution was issued, and a Notice of Levy made on a parcel of land covered by  TCT No. 9138, registered in the… Read More Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

U.P. Law Complex I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

Civil Law, Remedial Law

Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

Application of — The fact of loss or destruction of the owner’s duplicate certificate of title is crucial in clothing the RTC with jurisdiction over the judicial reconstitution proceedings; the rule that when the owner’s duplicate certificate of title was not actually lost or destroyed, but is in fact in the possession of another person,… Read More Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE