Author: pinayjurist

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— Civil Law, Remedial Law —

SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

March 2, 2021

FACTS: On September 24, 1990, a Supreme Transliner bus owned by Petitioner Felipe Sia, and driven by co-petitioner Novencio Flores, collided with a passenger jeepney carrying private respondents Gloria and Lotis Brazal. The jeepney was owned by Marcelino Villones and driven by Reynaldo Decena. Private respondents instituted a civil case for damages against petitioners based… Read More SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

— Remedial Law —

People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

March 1, 2021

FACTS: On October 16, 1998, around 10:30 in the evening, Filomena Raymundo heard gunshots just moments after her husband Mariano Raymundo, Jr. had stepped out of their house to go to the backyard to attend to his quails. As the shots came from the direction where Mariano was, Filomena rushed to the kitchen door and,… Read More People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

— Civil Law —

Poole- Blunden v. UnionBank, G.R. No. 205838 Nov. 29, 2017 J. Leonen Contracts, Fraud, Dolo Causante v. Dolo Incidente, Rescission of Contracts

February 28, 2021

FACTS: Petitioner Joseph Harry Walter Poole-Blunden came across an advertisement placed by Union Bank in the Manila Bulletin. The ad was for the public auction of a condominium unit, identified as Unit 2-C of T-Tower Condominium (the “Unit”), located at 5040 P. Burgos corner Calderon Streets, Makati City, with an area of 95 square meters. … Read More Poole- Blunden v. UnionBank, G.R. No. 205838 Nov. 29, 2017 J. Leonen Contracts, Fraud, Dolo Causante v. Dolo Incidente, Rescission of Contracts

— Bar Q & A, Intellectual Property Law, Mercantile Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

February 22, 2021

COMMERCIAL LAW  I. Yeti Export Corporation (YEC), through its President, negotiated for Yahoo Bank of Manila (YBM) to issue a letter of credit to course the importation of electronic parts from China to be sold and distributed to various electronic manufacturing companies in Manila. YBM issued the letter of credit and forwarded it to its… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

— Remedial Law, Special Proceedings —

SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

February 20, 2021

FACTS: The RTC admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed a contingent claim for agent’s commission due him amounting to approximately ₱206,250.00 in the event of the sale of certain… Read More SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

— Civil Law —

KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

February 15, 2021

FACTS: The Philippine Agricultural Trading Corporation shipped on board the vessel M/V PRINCE ERIC, of Butuan Shipping Lines, owned by petitioner Khe Hong Cheng, 3,400 bags of copra at Masbate, for delivery to Dipolog City, Zamboanga del Norte. The shipment was covered by a marine insurance policy issued by American Home Insurance Company. M/V PRINCE… Read More KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

— Taxation —

Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

February 13, 2021

FACTS: Petitioner Paseo Realty and Development Corporation, a domestic corporation engaged in the lease of two (2) parcels of land at Paseo de Roxas in Makati City, filed its Income Tax Return for the calendar year 1989 declaring a net income of ₱79,009.00, an income tax due thereon in the amount of ₱27,653.00, prior year’s… Read More Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

— Criminal Law —

Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

February 10, 2021

FACTS: Jesus Aparente was charged with violation of R.A. 9165 for having in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat-sealed transparent plastic sachet, which was found positive to the test for Methamphetamine hydrochloride, also known as shabu. Aparente pleaded not guilty upon arraignment. The trial court found… Read More Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

— Remedial Law —

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

February 9, 2021

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

— Civil Law —

Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

February 8, 2021

FACTS: Liberty Albios filed with the RTC a petition for declaration of nullity of her marriage with Daniel Lee Fringer, an American citizen.  She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with… Read More Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code