Author: pinayjurist

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— Remedial Law —

Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction

May 2, 2020

FACTS: Michael Sebastian and Annabel Lagmay Ng were sweethearts. While Annabel was working in Hongkong, she sent Michael the amount of P350,000.00 to purchase a truck, as their investment. However, after Annabel and Michael’s relationship had ended, Michael allegedly refused to return the money to Annabel, prompting the latter to bring the matter before the… Read More Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction

— Civil Law, Remedial Law —

GATCHALIAN v. FLORES G.R. No. 225176 January 19, 2018 Ejectment, Torrens Title

April 29, 2020

FACTS: Petitioner is one of the co-owners of a parcel of land (Road Lot 23) covered by TCT No. 79180, registered under the name of petitioner’s parents, spouses Sixto and Liceria Gatchalian.  The survey conducted on the property established that the lot of Segundo Mendoza encroached a portion of Road Lot 23 which the Gatchalian’s… Read More GATCHALIAN v. FLORES G.R. No. 225176 January 19, 2018 Ejectment, Torrens Title

— Constitutional Law, Political Law —

Funa v. Agra G.R. No. 191644 February 19, 2013

April 28, 2020

FACTS: The petitioner alleges that President Gloria Macapagal-Arroyo appointed Agra as the Acting Secretary of Justice, and also designated Agra as the Acting Solicitor General in a concurrent capacity. Petitioner, in his capacity as a taxpayer, a concerned citizen and a lawyer, commenced this suit to challenge the constitutionality of Agra’s concurrent appointments or designations,… Read More Funa v. Agra G.R. No. 191644 February 19, 2013

— Criminal Law —

People v. Bringcula G.R. No. 226400, January 24, 2018 Elements of Robbery with Rape

April 28, 2020

FACTS: On the night of May 2, 2011, private complainant AAA was sleeping in her house together with her children, househelper and niece, when she was awakened at early dawn by the barking of the dog. FInding that there was no one inside their house, she went back to sleep.  She was again awakened when… Read More People v. Bringcula G.R. No. 226400, January 24, 2018 Elements of Robbery with Rape

— Criminal Law —

People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

April 27, 2020

FACTS: The victim was a 73-year-old widow, who lived on her own although she frequently slept at the house of her cousin Alberto, because accused-appellant had been harassing her and threatening her because she once reprimanded him after she caught him stealing fruits from her property. One day, the victim told Alberto that she was… Read More People v. Roland Miraña G.R. No. 219113, April 25, 2018 Defense of Insanity, Abuse of Superior Strength

— Legal Ethics —

GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

April 27, 2020

FACTS: Franco Gonzales contended that on September 23, 2010, a Deed of Absolute Sale covering three parcels of land was executed between his mother, Lilia, as the seller, and Flordeliza Soriano, as the buyer. Surprisingly, the name and signature of his father, Rodolfo, were found in the document despite the fact that he was in… Read More GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

— Civil Law —

TAN v. VALERIANO G.R. No. 185559, August 02, 2017 Abuse of Rights, Malicious Prosecution

April 26, 2020

FACTS: On 4 January 2001, the Holy Name Society held a multi-sectoral consultative conference at the Bulan Parish Compound, where Romeo H. Valeriano, the president of the religious organization, delivered a welcome address.  In his address, Valeriano allegedly lambasted certain local officials of Bulan, Sorsogon, specifically petitioners, who were Municipal Councilors, one Antonio Gilana and… Read More TAN v. VALERIANO G.R. No. 185559, August 02, 2017 Abuse of Rights, Malicious Prosecution

— Criminal Law —

People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

April 20, 2020

FACTS: On 24 January 2004, at around 8:00 in the evening, private complainant AAA, a saleslady in a public market, was waiting for her cousin when Appellant, who worked in a fish stall in the market, approached her and offered to take her to her aunt’s house where she resided. AAA agreed since her cousin… Read More People v. Sandy Domingo G.R. No. 225743, June 7, 2017 Forcible Abduction with Rape, Sweetheart Defense

— Remedial Law —

Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

April 20, 2020

FACTS: Francisco Entierro died intestate and left behind the subject property with an area of 39,577 sqm, covered by TCT No. T-10273. Francisco’s spouse, Basilia, and legitimate children, (Basilia, et al.), executed a Deed of Sale with Declaration of Heirship, declaring themselves to be Francisco’s only heirs who inherited the subject property; and thereby sold… Read More Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

— Remedial Law —

Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability

April 19, 2020

FACTS: Petitioner Magdalena Villasi engaged the services of respondent Fil-Garcia Construction, Inc. (FGCI) to construct a seven-storey condominium building located in Cubao, QC. For failure of Villasi to fully pay the contract price despite several demands, FGCI initiated a suit for collection of sum of money before the RTC. FGCI prayed, among others, for the… Read More Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability