Civil Law, Remedial Law

Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

FACTS: The spouses Tijam filed a case against the spouses Sibonghanoy to recover the sum of P1,908.00, with legal interest, plus costs. A writ of attachment was issued by the court against defendants’ properties, but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc.… Read More Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law

Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

What does doing business in the Philippines under the Foreign Investment Act of 1991 mean? (5%) SUGGESTED ANSWER The phrase “doing business in the Philippines“ under the Foreign Investments Act of 1991 include soliciting orders; service contracts; opening offices, whether called liaison offices or branches; appointing representatives or distributors domiciled in the Philippines or who… Read More Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

Bar Q & A, Civil Law

2016 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

I. Section 1 0f P.D. NO. 755 states: Section 1. Declaration of National Policy – It is hereby declared that the policy of the State is to provide readily available credit facilities to the coconut farmers at preferential rates, that this policy can be expeditiously and efficiently realized by the imple mentation of the “Agreement… Read More 2016 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

Bar Q & A, Labor Law

Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

I. (A) Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its authorized capital stock owned by foreigners and 70% of its authorized capital stock owned by Filipinos. Is Rocket Corporation allowed to engage in the recruitment and placement of workers, locally and overseas? Briefly state the basis for your answer.… Read More Bar Exam 2015 Suggested Answers in Labor Law by the UP Law Complex

Criminal Law

PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

FACTS: Jay Gregorio, Rolando Estrella, and Ricardo Salazar were found guilty beyond reasonable doubt as principals of the crime of kidnapping for ransom under Art. 267 of the RPC, as amended by RA 7659 and Danilo Bergonia and Efren Gascon, as accomplices for the same crime of kidnapping for ransom of one JIMMY TING, depriving… Read More PEOPLE v. GREGORIO et al.. G.R. No. 194235, June 08, 2016 Kidnapping for Ransom

Remedial Law

CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

FACTS: Sgt. Victorino Noceja and Pat. Alex de Castro, while on a routine patrol in Barangay Sampalucan, Pagsanjan, spotted a passenger jeep unusually covered with “kakawati” leaves. Suspecting that the jeep was loaded with smuggled goods, the two police officers flagged down the vehicle. The jeep was driven by appellant. When asked what was loaded… Read More CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

Bar Q & A

2015 Bar Exam Suggested Answers in Political Law by the UP Law Complex

I. The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: – (1) Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila; and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines.its… Read More 2015 Bar Exam Suggested Answers in Political Law by the UP Law Complex

Civil Law

PRIMITIVO ANSAY vs. NATIONAL DEVELOPMENT COMPANY,G.R. No. L-13667 April 29, 1960 Natural Obligations v. Civil Obligations

FACTS: On July 25, 1956, appellants filed a complaint praying for a 20% Christmas bonus for the years 1954 and 1955. The court a quo on appellees’ motion to dismiss, issued the following order: The trial court dismissed the complaint and saying that the Court does not see how petitioners may have a cause of… Read More PRIMITIVO ANSAY vs. NATIONAL DEVELOPMENT COMPANY,G.R. No. L-13667 April 29, 1960 Natural Obligations v. Civil Obligations

Criminal Law

US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

Favorabilia sunt amplianda, adiosa restrigenda (Penal laws which are favorable to the accused are given retroactive effect). FACTS: This defendant was charged with the crime of the falsification of a personal cedula. After trial, the judge found the defendant guilty of the crime charged and sentenced him to be imprisoned for a period of three years and… Read More US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

Remedial Law

PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

Although a waiver of the right to present evidence by the accused is not a trivial matter to be lightly regarded by the trial court, the filing of the demurrer to evidence without express leave of court operates as a waiver that binds the accused pursuant to the express provision of the Rules of Court.… Read More PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence