— Civil Law, Law School —
Author: pinayjurist
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— Criminal Law —
LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness
FACTS: Petitioner Edmisael Lutap, A.K.A. “Egay”, frequently visits the house of AAA’s family, being the best friend of AAA’s father. Around 6:30 in the evening AAA, who was then only six (6) years old and her younger siblings, BBB and CCC, were watching television in their sala, together with petitioner, while their mother DDD was… Read More LUTAP v. PEOPLE G.R. No. 204061 February 5, 2018 Rape by Sexual Assault, Acts of Lasciviousness
— Criminal Law —
People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo
FACTS: The group of the late Mayor Jorge Arreola of Buguey, Cagayan, arrived at the cockpit arena while the accused Mario Tabaco was seated on the arm of the bench situated at the lower portion of the arena about more than three (3) meters away, from the place where the late Mayor and his group… Read More People v. Tabaco G.R. Nos. 100382-100385 March 19, 1997 Criminal Liability, Complex Crimes, Penalties, Delito Compuesto and Delito Complejo
— Criminal Law, Remedial Law —
People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime
FACTS: Radel Gallarde was charged with the special complex crime of rape with homicide in an information, the accusatory portion reads as follows: That on or about the 6th day of May 1997, in the evening, amidst the field located at Brgy. Trenchera, Tayug, Pangasinan, the above-named accused, and by means of force, violence and… Read More People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime
— Civil Law —
BAKSH v. CA G.R. No. 97336 February 19, 1993 Article 21 of the New Civil Code, Breach of Promise to Marry
FACTS: Private respondent Marilou Gonzales filed with the trial court a complaint for damages against petitioner Gasheem Shookat Baksh, for the alleged violation of their agreement to get married. Gonzales is a twenty-two year old, single Filipina. Petitioner, on the other hand, is an Iranian citizen, and is an exchange student taking a medical course… Read More BAKSH v. CA G.R. No. 97336 February 19, 1993 Article 21 of the New Civil Code, Breach of Promise to Marry
— Civil Law —
LORIA v. MUÑOZ G.R. No. 187240 October 15, 2014 J. Leonen Unjust Enrichment, Art. 22.
FACTS: Carlos A. Loria invited Ludolfo P. Muñoz, Jr. to advance ₱2,000,000.00 for a subcontract of a ₱50,000,000.00 river-dredging project in Guinobatan. Loria represented that he would make arrangements such that Sunwest Construction and Development Corporation would turn out to be the lowest bidder for the project. After the award to Sunwest, Sunwest would subcontract… Read More LORIA v. MUÑOZ G.R. No. 187240 October 15, 2014 J. Leonen Unjust Enrichment, Art. 22.
— Civil Law —
SPS. CARBONELL v. METROPOLITAN BANK G.R. No. 178467 April 26, 2017 Damnum Absque Injuria, General Banking Act, Damages
FACTS: Petitioners filed an action for damages against the respondent, alleging that they had experienced emotional shock, mental anguish, public ridicule, humiliation, insults and embarrassment during their trip to Thailand because of the respondent’s release to them of five US$ 100 bills that later on turned out to be counterfeit. They claimed that they withdrew… Read More SPS. CARBONELL v. METROPOLITAN BANK G.R. No. 178467 April 26, 2017 Damnum Absque Injuria, General Banking Act, Damages
— Civil Law —
PNB v. NEPOMUCENO PRODUCTIONS, INC. G.R. No. 139479. December 27, 2002 Act No. 3135, Extrajudicial Foreclosure of Mortgages on Real Property, Requisites of a Valid Waiver
FACTS: Petitioner PNB granted respondents a 4 Million Pesos (P4,000,000.00) credit line to finance the filming of the movie “Pacific Connection.” The loan was secured by mortgages on respondents’ real and personal properties, to wit: (1) a parcel of land located in Malugay Street, Makati; (2) a parcel of land in Forbes Park, Makati; and… Read More PNB v. NEPOMUCENO PRODUCTIONS, INC. G.R. No. 139479. December 27, 2002 Act No. 3135, Extrajudicial Foreclosure of Mortgages on Real Property, Requisites of a Valid Waiver
— Mercantile Law —
Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit
FACTS: Petitioner and respondent LHC entered into a Turnkey Contract whereby petitioner, was given the sole responsibility for the design, construction, commissioning, testing and completion of the a seventy (70)-Megawatt hydro-electric power station Project. To secure performance of petitioner’s obligation on or before the target completion date, petitioner opened in favor of LHC two (2)… Read More Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit
— Mercantile Law —
BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt
FACTS: Via Moda International, represented by respondent Serrano, as its General Manager and Treasurer, obtained an export packing loan from petitioner BOC, secured by a Deed of Assignment over Irrevocable Transferable Letter of Credit. BOC issued to Via Moda an irrevocable Letter of Credit for the purchase and importation of fabric and textile products from… Read More BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt