Author: pinayjurist

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— Civil Law —

Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

August 2, 2020

FACTS: The subject lot located in Kalibo, is registered in the name of Ana O. Peralta. Upon her demise, her property passed on to her brother, Jose Peralta, who caused registration of the same in his name.  Jose later had the property divided into Lots 2076-A and 2076-B, and sold the latter portion. Lot 2076-A,… Read More Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

— Remedial Law —

VALLACAR TRANSIT, INC. v. JOCELYN CATUBIG G.R. No. 175512 May 30, 2011 Verification, Certification Against Forum Shopping

July 28, 2020

FACTS: Petitioner is engaged in the business of transportation and the franchise owner of a Ceres Bulilit bus with Plate No. T-0604-1348.  Respondent’s husband, Quintin Catubig, Jr. (Catubig), was driving a motorcycle on his way home from Dumaguete City with his employee, Teddy Emperado.  While approaching a curve, Catubig tried to overtake a slow moving… Read More VALLACAR TRANSIT, INC. v. JOCELYN CATUBIG G.R. No. 175512 May 30, 2011 Verification, Certification Against Forum Shopping

— Bar Q & A, Criminal Law —

Bar Q & A and Recent Jurisprudence on Direct Assault, Direct Assault with Murder, and Direct Assault with Attempted Murder

July 18, 2020

2017 Bar VII. Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient evidence Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite. Bernardo learned that the Judge regularly slept in his mistress’ house every weekend. Thus, he waited for the Judge to arrive on Saturday evening at… Read More Bar Q & A and Recent Jurisprudence on Direct Assault, Direct Assault with Murder, and Direct Assault with Attempted Murder

— Criminal Law —

Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

July 17, 2020

PEOPLE VS. LUMAYA March 2018 Under varied field conditions, strict compliance with the requirements of Sec. 21, Art. II of R.A. No. 9165 may not always be possible; the IRR of R.A. No. 9165 which is now crystallized into statutory law with the passage of R.A. No. 10640 provides that the said inventory and photography… Read More Dangerous Drugs Cases resolved following the amendment of RA 9165 by RA 10640

— Labor Law —

LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

July 15, 2020

FACTS: In its petition in the lower court, the Philippine Musicians Guild (the Guild), a duly registered legitimate labor organization, alleged that LVN Pictures, Inc., Sampaguita Pictures, Inc., and Premiere Productions, Inc. are corporations engaged in the making of motion pictures and in the processing and distribution thereof. The Guild likewise alleged that said companies… Read More LVN Pictures v. Philippine Musicians Guild G.R. No. L-12582 January 28, 1961 Control Test, Employer-Employee Relationship

— Constitutional Law, Political Law —

Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

July 9, 2020

FACTS: In 1978, then President Ferdinand Marcos issued Proc. No. 1716 reserving for Municipal Government Center Site Purposes certain parcels of land of the public domain located in San Juan, Metro Manila. In 1986, President Corazon Aquino took the reigns of power under a revolutionary government. On March 24, 1986, she issued her historic Proclamation… Read More Municipality of San Juan v. CA G.R. No. 125183 September 29, 1997 Presumption of Validity of a Law

— Civil Law —

Heirs Of Alfonso Yusingco v. Busilak G.R. No. 210504, January 24, 2018 Accion Interdictal, Accion Publiciana, Accion Reivindicatoria, Recovery of Posession

July 6, 2020

FACTS: Petitioners filed five separate Complaints for accion publiciana and/or recovery of possession against herein respondents and a certain Reynaldo Peralta. The suits, which were subsequently consolidated. Petitioners uniformly alleged in the said Complaints that: they are owners of three (3) parcels of land they inherited the lots from their predecessor-in-interest, Alfonso Yusingco; they were… Read More Heirs Of Alfonso Yusingco v. Busilak G.R. No. 210504, January 24, 2018 Accion Interdictal, Accion Publiciana, Accion Reivindicatoria, Recovery of Posession