— Bar Q & A, Taxation —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

August 8, 2019

UP LAW COMPLEX I. SMZ, Inc. is a VAT-registered enterprise engaged in the general construction business. HP International contracts the services of SMZ Inc, to construct HP International’s factory building located in the Laguna TechnoPark, a special economic zone HP International is registered with the Philippine Economic Zone Authority (PEZA) as an ecozone export enterprise,… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN TAXATION

— Constitutional Law, Political Law —

Amendments or Revisions of the Constitution: Cases and Bar Q & A

August 7, 2019

ARTICLE XVII SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention. SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least… Read More Amendments or Revisions of the Constitution: Cases and Bar Q & A

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 4, 2019

I. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases? Explain briefly your answers.  (a) An action filed on November 13, 2017 to recover the possession of an apartment unit being occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the last demand to vacate… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Criminal Law —

PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

August 2, 2019

FACTS: Tomas Teodoro was convicted for two counts of rape in which the victim, AAA, was the 8-year old daughter of BBB, his common-law wife. The Regional Trial Court had pronounced Teodoro guilty of two counts of statutory rape on December 10, 2001, and condignly meted him the penalty of reclusion perpetua for each count.… Read More PEOPLE v. TEODORO G.R. No. 175876 February 20, 2013 Recantation by the Victim in Statutory Rape

— Criminal Law, Remedial Law —

PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

July 29, 2019

FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused­ appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

— Remedial Law —

PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

July 25, 2019

FACTS: Herein petitioner filed a complaint for recovery of the contractual liability of respondent, for the recovery of the sum of P2,698,637.00, representing the insured value of the lost or undelivered 377.168 metric tons of Prime Newly Hot Rolled Steel Billets, including attorney’s fees and costs. Respondent filed a motion to dismiss, which was denied… Read More PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

— Civil Law, Remedial Law —

Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135

July 25, 2019

Petitioners insist that it was error for the CA to rule that the stipulated exclusive venue of Makati City is binding only on petitioners’ complaint for Annulment of Foreclosure, Sale, and Damages filed before the RTC of Parañaque City, but not on respondent bank’s Petition for Extrajudicial Foreclosure of Mortgage, which was filed with the… Read More Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135

— Remedial Law, Special Proceedings —

ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

July 25, 2019

FACTS: Respondent Francisco Provido filed a petition for the probate of the Last Will and Testament of the late Soledad Provido Elevencionado, alleging that he was the heir of the decedent and the executor of her will. The RTC rendered its Decision, allowing the probate of the will of the decedent and directing the issuance… Read More ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

— Taxation —

CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC

July 18, 2019

FACTS Section 21(B) of the Manila Revenue Code originally provided: Section 21. Tax on Businesses Subject to the Excise, Value-Added or Percentage Taxes Under the NIRC. On any of the following businesses and articles of commerce subject to the excise, value-added or percentage taxes under the National Internal Revenue Code, hereinafter referred to as NIRC,… Read More CITY OF MANILA v. COLET GR No. 120051, Dec 10, 2014 Power of Taxation of LGUs, LGC, NIRC