Author: pinayjurist

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— Civil Law, Remedial Law —

SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

September 20, 2023

FACTS: Bernie Santiago, claiming to be the biological father of Sofia, filed a petition with the RTC which sought to establish his paternity with Sofia and to have the City Civil Registrar of Marikina City correct some entries in Sofia’s Birth Certificate.  He averred that Sofia was the fruit of his romantic relationship with Magdalena… Read More SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

— Constitutional Law, Criminal Law —

People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

September 6, 2023

FACTS: Isaac Perez, the municipal secretary of Pilar, Sorsogon, and Fortunato Lodovice, a citizen of that municipality met and engaged in a discussion regarding the administration of Governor-General Wood, an executive official of the Philippines appointed by the President of the United States.  In the said discussion, Perez shouted a number of times: “The Filipinos,… Read More People v. Perez G.R. No. L-21049 December 22, 1923 Sedition, Freedom of Speech

— Civil Law, Remedial Law —

Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

September 5, 2023

FACTS: Two vehicles, one driven by respondent Mario Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the MCTC of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property,… Read More Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

— Civil Law, Special Proceedings —

In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

September 4, 2023

FACTS: Proceso de Guzman died on January 1, 1937, without leaving a will. The deceased was first married to Agatona Santos, with whom he had four children, named Nicolasa, Apolinario, Ana and Tomasa.  After Agatona’s death, the deceased contracted a second marriage with Angela Limcolioc, with whom he did not have any child. Nicolasa de… Read More In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

— Criminal Law —

Agustin v. Pamintuan,et al. G.R. No. 164938, August 22, 2005 Libel, Defamation, Venue of Criminal Actions

August 30, 2023

FACTS: Petitioner Victor C. Agustin, a Philippine Daily Inquirer columnist, was charged with libel for allegedly writing libelous and defamatory articles tending to impeach the character, integrity, virtue and reputation of Anthony De Leon as Acting General Manager of the Baguio Country Club.  Agustin was arraigned, and pleaded not guilty to all the charges. Agustin… Read More Agustin v. Pamintuan,et al. G.R. No. 164938, August 22, 2005 Libel, Defamation, Venue of Criminal Actions

— Criminal Law —

PEOPLE v. VILLACORTA G.R. No. 186412 September 7, 2011 Proximate Cause, Efficient Intervening Cause, Slight Physical Injuries

August 18, 2023

FACTS: Witness Cristina Mendeja narrated that on January 23, 2002, at around 2:00AM, when Danilo Cruz was buying bread, Orlito Villacorta suddenly appeared and, without uttering a word, stabbed Cruz, using a sharpened bamboo stick. The bamboo stick broke and was left in Cruz’s body. Villacorta immediately fled thereafter. Her neighbor Aron removed the broken… Read More PEOPLE v. VILLACORTA G.R. No. 186412 September 7, 2011 Proximate Cause, Efficient Intervening Cause, Slight Physical Injuries

— Legal Ethics —

ATTY. ISMAEL G. KHAN, JR. v. ATTY. RIZALINO T. SIMBILLO A.C. No. 5299, August 19, 2003 Elements that distinguish the Legal Profession from a Business

August 8, 2023

FACTS: This administrative complaint arose from a paid advertisement that appeared in the July 5, 2000 issue of the newspaper, Philippine Daily Inquirer, which reads: “ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667.” Ms. Ma. Theresa B. Espeleta, a staff member of the Public Information Office of the Supreme Court, called up the published telephone number and pretended… Read More ATTY. ISMAEL G. KHAN, JR. v. ATTY. RIZALINO T. SIMBILLO A.C. No. 5299, August 19, 2003 Elements that distinguish the Legal Profession from a Business

— Legal Ethics —

Maderada v. Judge Mediodea A.M. No. MTJ-02-1459, October 14, 2003 The Practice of Law

August 1, 2023

FACTS: A Complaint was filed by Imelda Y. Maderada against Judge Ernesto H. Mediodea wherein the judge was charged with “gross ignorance of the law amounting to grave misconduct” for failing “to observe and apply the Revised Rule on Summary Procedure” in Civil Case No. 252. Complainant filed an action for forcible entry with a… Read More Maderada v. Judge Mediodea A.M. No. MTJ-02-1459, October 14, 2003 The Practice of Law

— Legal Ethics —

ATTY. EDITA NOE-LACSAMANA v. ATTY. YOLANDO F. BUSMENTE A.C. No. 7269, November 23, 2011 Code of Professional Responsibility,  Illegal Practice of Law 

July 30, 2023

FACTS: Noe-Lacsamana alleged in her complaint that she was the counsel for Irene Bides, the plaintiff in a civil case before the RTC, while Busmente was the counsel for the defendant Imelda B. Ulaso (Ulaso).  Noe-Lacsamana alleged that Ulaso’s deed of sale over the property subject of the case was annulled, which resulted in the… Read More ATTY. EDITA NOE-LACSAMANA v. ATTY. YOLANDO F. BUSMENTE A.C. No. 7269, November 23, 2011 Code of Professional Responsibility,  Illegal Practice of Law 

— Labor Law —

Philippine Transmarine Corp. v. NLRC G.R. No. 123891      February 28, 2001 Permanent Total Disability

July 29, 2023

FACTS: On January 23, 1993, private respondent Carlos Nietes filed a complaint against Philippine Transmarine Carriers Inc. (PTC) for payment of disability benefit, sickness wages, refund of medical expenses and attorney’s fees. Pioneer Insurance and Surety Corp. was impleaded as surety of respondent PTC. Nietes alleged that he was a licensed Captain and/or Master Mariner,… Read More Philippine Transmarine Corp. v. NLRC G.R. No. 123891      February 28, 2001 Permanent Total Disability