Constitutional Law, Criminal Law, Remedial Law

Acharon v. People G.R. No. 224946, November 09, 2021, Mens Rea, Actus Reus, R.A. 9262, Constitutional Rights of the Accused

FACTS: Petitioner Christian Acharon was charged for violation of Section 5(i) of Republic Act No. (R.A.) 9262 or the Anti-Violence Against Women and their Children Act (VAWC Law) for allegedly causing mental or emotional anguish, public ridicule or humiliation to his wife AAA, by denying financial support to the said complainant. Christian pleaded not guilty… Read More Acharon v. People G.R. No. 224946, November 09, 2021, Mens Rea, Actus Reus, R.A. 9262, Constitutional Rights of the Accused

Constitutional Law, Criminal Law, Remedial Law

Puguon v. People G.R. No. 257683, October 21, 2024 Scatter-shot Warrants, Validity of Search Warrants, Fruit of the Poisonous Tree, Admissibility of Evidence

FACTS: Search Warrant No. 0015-2019 was issued by the RTC against petitioner Jimmy B. Puguon, Jr. upon the finding that there are good and sufficient reasons to believe that Puguon has in his direct possession and control one (1) M16 riffle [sic]; one (1) cal. 45 pistol; one (1) cal. 38 revolver; 2 handgrenades [sic]… Read More Puguon v. People G.R. No. 257683, October 21, 2024 Scatter-shot Warrants, Validity of Search Warrants, Fruit of the Poisonous Tree, Admissibility of Evidence

Criminal Law, Remedial Law

Sama Hinupas vs. People, G.R. No. 224469, January 5, 2021, Malum in se, Malum Prohibitum, Evidence Beyond Reasonable Doubt

FACTS: Petitioner Diosdado Sama y Hinupas, et al. were charged for Violation of Presidential Decree No. 705 as amended, for allegedly conspiring in cutting a Dita tree with the use of unregistered power chainsaw. On arraignment, all accused pleaded not guilty. On the part of the defense, witness Barangay Captain Aceveda testified that on March… Read More Sama Hinupas vs. People, G.R. No. 224469, January 5, 2021, Malum in se, Malum Prohibitum, Evidence Beyond Reasonable Doubt

Remedial Law

Paderanga vs. Buissan, GR. No. 49475, September 28, 1993 Venue of Actions, Recovery of Possession of Real Property

FACTS: Sometime in 1973, petitioner JORGE C. PADERANGA and private respondent ELUMBA INDUSTRIES COMPANY, entered into an oral contract of lease for the use of a commercial space within a building owned by petitioner in Ozamiz City.  The lease was for an indefinite period although the rent of P150.00 per month was paid on a… Read More Paderanga vs. Buissan, GR. No. 49475, September 28, 1993 Venue of Actions, Recovery of Possession of Real Property

Bar Q & A, Civil Law

SUGGESTED ANSWERS TO THE 2022 BAR EXAMINATIONS IN CIVIL LAW

 PART 1 1 Noel is the son of spouses Marie and Benedict. Benedict has passed away. For Noel’s 7th birthday, his paternal grandparents offered to organize and pay for his birthday party. In coordination with Marie, the grandparents booked the party venue, signed the. contracts with the caterer and the entertainers, finalized the guest list,… Read More SUGGESTED ANSWERS TO THE 2022 BAR EXAMINATIONS IN CIVIL LAW

Bar Q & A, Taxation

SUGGESTED ANSWERS to the 2019 Bar Exam in Taxation (UPLC)

PART I  A.1. On October 5, 2016, the Bureau of Internal Revenue (BIR) sent KLM Corp. a Final Assessment Notice (FAN), stating that after its audit pursuant to a Letter of Authority duly issued thereof, KLM Corp. had deficiency value-added and withholding taxes. Subsequently, a warrant of distraint and/or levy was issued against KLM Corp.… Read More SUGGESTED ANSWERS to the 2019 Bar Exam in Taxation (UPLC)

Bar Q & A, Civil Law

SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS in CIVIL LAW UP Law Center

PART I  A.1.  In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. As a result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion. Mrs. A was hospitalized for… Read More SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS in CIVIL LAW UP Law Center

Bar Q & A, Constitutional Law, International Law, Political Law

PART II  SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law UP Law Complex

B.11.  Atty. Gran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), whereas… Read More PART II  SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law UP Law Complex

Bar Q & A, Constitutional Law, Political Law

SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law (Part 1) UP Law Complex

PART 1  Define the following terms:  (a) Jus cogens (2%)  SUGGESTED ANSWER:  A.1.  Jus cogens is “a peremptory norm of general international law accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of… Read More SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law (Part 1) UP Law Complex