Author: pinayjurist

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— Civil Law —

STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

February 7, 2021

FACTS: On May 24, 1989, [respondent] Republic-Asahi entered into a contract with x x x Jose D. Santos, Jr., the proprietor of JDS Construction (JDS), for the construction of roadways and a drainage system in Republic-Asahi’s compound, which was supposed to be completed within a period of 240 days, where [respondent] was to pay x… Read More STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

— Legal Ethics —

IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

February 6, 2021

FACTS: Atty. Maranan filed a criminal complaint before  the Ombudsman against then Vice Mayor Francisco “Isko Moreno”  Domagoso of the City of Manila, charging him with Falsification  of Public Documents and violation of Section 3 (e) of Republic Act No. 3019  for having signed, in behalf of the Manila City Government, consultancy  contracts with persons… Read More IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

— Remedial Law —

INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

February 2, 2021

FACTS: In 1998, Intramuros leased certain real properties of the national government, which it administered to Offshore Construction. All their lease contracts also made reference to an August 20, 1998 memorandum of stipulations, which included a provision for lease renewals every five (5) years upon the parties’ mutual agreement.  Offshore Construction occupied and introduced improvements… Read More INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

— Civil Law —

Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession

January 31, 2021

FACTS: Dr. Juvencio P. Ortaez owned ninety percent (90%) of the subscribed capital stock of Philinterlife.   When Dr. Ortaez died, he left behind a wife(Juliana), three legitimate children (Rafael, Jose and Antonio Ortaez) and five illegitimate children (herein private respondent Ma. Divina Ortaez-Enderes and her siblings). Rafael Ortaez filed before the CFI Quezon City Branch… Read More Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession

— Civil Law, Legal Ethics —

Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

January 30, 2021

FACTS: On 17 November 1997, Rodolfo A. Espinosa and his wife Elena Marantal (Marantal) sought Atty. Julieta A. Omaña’s legal advice on whether they could legally live separately and dissolve their marriage solemnized on 23 July 1983. Omaña then prepared a document entitled “Kasunduan Ng Paghihiwalay” (contract).  Marantal and Espinosa, fully convinced of the validity… Read More Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

— Criminal Law —

Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

January 29, 2021

FACTS: CCC, AAA’s uncle, previously filed a complaint for malicious mischief against Van Clifford Torres, who allegedly caused damage to CCC’s multicab, which was witness by AAA.  CCC and AAA were at the barangay hall, waiting for the conciliation proceedings to begin when they chanced upon Torres who had just arrived from fishing.  Torres vehemently… Read More Torres v. People G.R. No. 206627, January 18, 2017 J.Leonen R.A. 7610 Child Abuse defined

— Civil Law —

MATEO v. LAGUA G.R. No. L-26270  October 30, 1969 Donation Propter Nuptias; Reduction thereof when Inofficious

January 27, 2021

FACTS: Cipriano Lagua, the original registered owner of 3 parcels of land subject of this case, and his wife, in a public instrument, donated Lots 998 and 6541 to their son Alejandro Lagua, in consideration of the latter’s marriage to Bonifacia Mateo. After the marriage was celebrated on 15 May 1917, the couple took possession… Read More MATEO v. LAGUA G.R. No. L-26270  October 30, 1969 Donation Propter Nuptias; Reduction thereof when Inofficious

— Constitutional Law, Taxation —

Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

January 22, 2021

FACTS: Petitioner Kim Jacinto-Henares, acting in her capacity as then Commissioner of Internal Revenue (CIR), issued RMO No. 20-2013, “Prescribing the Policies and Guidelines in the Issuance of Tax Exemption Rulings to Qualified Non-Stock, Non-Profit Corporations and Associations under Sec. 30 of the NIRC, as Amended” Respondent St. Paul College of Makati (SPCM), a non-stock,… Read More Henares/BIR v. ST. PAUL COLLEGE OF MAKATI G.R. No. 215383, March 08, 2017 Tax Exemption of Non-Stock, Non-Profit Educational Institutions

— Corporation Law, Mercantile Law —

ANDAYA v. RURAL BANK OF CABADBARAN G.R. No. 188769 August 3, 2016 Transfer of Shares of Stock, Corporation Code, Mandamus

January 21, 2021

FACTS: Joseph Omar O. Andaya bought from Chute 2,200 shares of stock in the Rural Bank of Cabadbaran.    The transaction was evidenced by a notarized document denominated as Sale of Shares of Stocks. Chute duly endorsed and delivered the certificates of stock to Andaya and, subsequently, requested the bank to register the transfer and… Read More ANDAYA v. RURAL BANK OF CABADBARAN G.R. No. 188769 August 3, 2016 Transfer of Shares of Stock, Corporation Code, Mandamus

— Civil Law —

Bier v. Bier G.R. No. 173294 February 27, 2008 Psychological Incapacity

January 19, 2021

FACTS: Petitioner Renne Enrique E. Bier met respondent Ma. Lourdes A. Bier through his sister. Six months after their first meeting, they were married at the UST Santissimo Rosario Parish Church. Everything went well for the first three years of their marriage.  As petitioner was based in Saudi Arabia as an electronics technician at Saudia… Read More Bier v. Bier G.R. No. 173294 February 27, 2008 Psychological Incapacity