Author: pinayjurist

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— Constitutional Law, Remedial Law —

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

December 8, 2020

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

— Remedial Law —

Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

December 7, 2020

FACTS: Petitioners, Sps. Rafael and Ligaya Bautista, are the registered owners of the subject lot located in Nasugbu, Batangas, as evidenced by Original Certificate of Title (OCT) No. P-1436 issued in their names by the Register of Deeds. On May 13, 1996, Maya-Maya Cottages, Inc. (MMCI), respondent, filed with the RTC of Nasugbu, a complaint… Read More Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

— Labor Law —

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

December 6, 2020

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex

December 4, 2020

I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later, Sidley and… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex

— Remedial Law —

Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

November 28, 2020

FACTS: Respondent Jose R. Victoriano filed a complaint against petitioner and one Margarita Villarica, alleging two causes of action, to wit:  (1) to declare in force the contract of sale, made on October 1, 1940, between Victoriano and Villarica, of two (2) parcels of land, which land was subsequently sold by Villarica, to Alvero, on… Read More Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

— Labor Law —

SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No. 170139, August 5, 2014 J. Leonen Illegal Dismissal of Migrant Worker, R.A. No. 8042, R.A. No. 10022

November 26, 2020

FACTS: Petitioner is a recruitment and placement agency. Respondent Joy Cabiles signed a one-year employment contract  as quality control of Taiwan Wacoal for one year for a monthly salary of NT$15,360.00. WhenJoy was deployed in Taiwan, she was asked to work as a cutter.          Sameer claims that a certain Mr. Huwang from Wacoal informed Joy,… Read More SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No. 170139, August 5, 2014 J. Leonen Illegal Dismissal of Migrant Worker, R.A. No. 8042, R.A. No. 10022

— Constitutional Law, Political Law —

Pormento v. Estrada G.R. No. 191988 August 31, 2010 Executive Branch, Judicial Power, Moot and Academic Case

November 25, 2020

FACTS: Private respondent was elected President of the Republic of the Philippines in the general elections held on May 11, 1998. He sought the presidency again in the general elections held on May 10, 2010.  Petitioner Atty. Evillo C. Pormento opposed private respondent’s candidacy and filed a petition for disqualification. However, his petition was denied… Read More Pormento v. Estrada G.R. No. 191988 August 31, 2010 Executive Branch, Judicial Power, Moot and Academic Case

— Remedial Law —

SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

November 24, 2020

FACTS: Respondent City of Manila assessed herein petitioners, together with their other sister companies, increased rates of business taxes for the year 2003 and the first to third quarters of 2004. Petitioners and their sister companies paid the additional taxes under protest. Respondent City Treasurer of Manila denied petitioners’  claim for  credit or refund of… Read More SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

— Remedial Law —

Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

November 21, 2020

FACTS: MMIC, a domestic corporation engaged in mining, was granted the exclusive right to explore, develop and exploit nickel, cobalt and other minerals in the Surigao mineral reservation.  Through the efforts of the government to support the financing of MMIC the DBP approved guarantees in favor of MMIC. MMIC, PNB and DBP executed a Mortgage… Read More Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

— Constitutional Law, Criminal Law —

David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC

November 19, 2020

FACTS: In 1974, petitioner Renato M. David migrated to Canada and became a Canadian citizen by naturalization. Upon their retirement, petitioner and his wife returned to the Philippines.  Sometime in 2000, they purchased a 600-square meter lot along the beach in Oriental Mindoro where they constructed a residential house.  Later, they came to know that… Read More David v. Agbay G.R. No. 199113 March 18, 2015 Citizenship, Falsification of Public Documents under Art. 172 of the RPC