Author: pinayjurist

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— Civil Law, Special Proceedings —

Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

July 26, 2023

FACTS: Dr. Mariano M. Lazatin died intestate in Pasay City, survived by his wife, Margarita de Asis, and his adopted twin daughters, respondent Nora L. de Leon and respondent Irma Lazatin. One month after Mariano’s death, his widow, Margarita de Asis, commenced an intestate proceeding before the CFI of Pasay. Mariano, Oscar, Virgilio and Yvonne,… Read More Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

— Remedial Law, Special Proceedings —

Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

July 23, 2023

FACTS: Petitioner Republic of the Philippines filed an action for  the Probate of the Will of Ferdinand E. Marcos  claiming that during his exile, the late President Marcos executed his last will and testament in Hawaii, USA, with his wife Imelda Marcos and son Ferdinand R. Marcos II as executors. Petitioner prayed that the letters… Read More Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

— Special Proceedings —

RIO Y COMPANIA v. MASLOG G.R. No. L-12302, April 13, 1959 Settlement of Estate of Deceased Persons, Money Claims, Prescription

July 22, 2023

FACTS: Rio y Olabarrieta (predecessor-in-interest of appellant Rio y Compania) and the late Anastacio Manalo, father of the defendant-appellee Elvira Maslog, entered into a “Contrato de Servicios Personales” wherein the personal services of Manalo were engaged by the plaintiff-appellant for the administration and exploitation of its forest concession.  Under the contract, plaintiff-appellant was to extend… Read More RIO Y COMPANIA v. MASLOG G.R. No. L-12302, April 13, 1959 Settlement of Estate of Deceased Persons, Money Claims, Prescription

— Civil Law —

Cortez v. Cortez G.R. No. 224638 April 10, 2019 Article 36 of the Family Code, Psychological Incapacity

July 12, 2023

FACTS: Petitioner Rolando D. Cortez  alleged that in February 1990, he was invited to a birthday party, and after consuming three bottles of beer, he became dizzy and passed out. When he woke up, he was already in a room with respondent Luz Cortez, clad only in his underwear and they were covered with a… Read More Cortez v. Cortez G.R. No. 224638 April 10, 2019 Article 36 of the Family Code, Psychological Incapacity

— Criminal Law —

U.S. v. A.H. Barnes G.R. No. 4774. November 18, 1908 Criminal Intent, Reckless Negligence

July 7, 2023

FACTS: On December 15,1906, at about 10 o’clock on the morning, A. H. Barnes, J. A. Ryan, and three Filipinos, one of whom was Pedro Leonardo, were out duck shooting. When they were about to return, there were ducks on an estero or stream. Barnes at once fired his gun twice, Pedro Leonardo being near… Read More U.S. v. A.H. Barnes G.R. No. 4774. November 18, 1908 Criminal Intent, Reckless Negligence

— Criminal Law, Remedial Law —

Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

July 5, 2023

FACTS: In the evening of March 14, 1997, Jerry Macabael, a municipal guard, was shot and killed along the national highway at Bansud, Oriental Mindoro while driving a motorcycle together with petitioner Soller’s son, Vincent M. Soller. His body was brought to a medical clinic located in the house of petitioner Dr. Prudente Soller, the… Read More Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

— Taxation —

COMMISSIONER OF INTERNAL REVENUE v. FITNESS BY DESIGN, INC. G.R. No. 215957, November 09, 2016 Final Assessment Notice, Due Process of Law, Lifeblood Doctrine

May 16, 2023

FACTS: On April 11, 1996, Fitness filed its Annual Income Tax Return for the taxable year of 1995. According to Fitness, it was still in its pre-operating stage during the covered period. On June 9, 2004, Fitness received a copy of the Final Assessment Notice issued under a Letter of Authority which assessed that Fitness… Read More COMMISSIONER OF INTERNAL REVENUE v. FITNESS BY DESIGN, INC. G.R. No. 215957, November 09, 2016 Final Assessment Notice, Due Process of Law, Lifeblood Doctrine

— Constitutional Law, Criminal Law —

US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

May 13, 2023

FACTS: In the latter part of 1915, numerous citizens of the Province of Pampanga assembled, and prepared and signed a petition to the Executive Secretary, charging Roman Punsalan, justice of the peace of Macabebe and Masantol, Pampanga, with malfeasance in office and asking for his removal.  The petition was signed by thirty-four (34) citizens apparently… Read More US v. Bustos G.R. No. L-12592, March 8, 1918 Libel, Freedom of Speech and Press and of Assembly

— Mercantile Law, Remedial Law —

NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

May 11, 2023

FACTS: Petitioner is the defendant in a complaint for collection of a sum of money filed by the private respondent Ricardo Tong. On July 19, 1974, a compromise judgment was rendered by the respondent Judge Alberto Seneris in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply… Read More NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion