Author: pinayjurist

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— Remedial Law —

SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

February 12, 2020

FACTS: Spouses Miano are users of the electric service provided by MERALCO. They have two electric meters. One was installed to service their residence, while the other was installed to service their sari-sari store. Upon inspection, MERALCO discovered that there were two jumpers on the meter service connection of Spouses Miano. MERALCO disconnected the electrical… Read More SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

— Criminal Law —

NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

February 9, 2020

FACTS: Petitioners Nicolas and Victor, along with four others – Felix, Jojo, Sonny, and Ampong – were charged with attempted murder under Article 248, in relation to Article 6, of the RPC for attacking, mauling, and hitting Jesus Del Mundo. According to the prosecution, on May 24, 2003, at about 10:00 p.m., the spouses Jesus… Read More NICOLAS VELASQUEZ and VICTOR VELASQUEZ v. PEOPLE, G.R. No. 195021, March 15, 2017  Justifying circumstances under Article 11 of the Revised Penal Code [J. LEONEN]

— Civil Law, Labor Law —

MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

February 9, 2020

FACTS: Magsaysay, the local manning agent of Princess Cruise Lines, Limited, hired Bernardine De Jesus as an Accommodation Supervisor for the cruise ship Regal Princess for a period of 10 months. Soon after his employment contract was terminated on on January 16, 2007, he was diagnosed with Aortic Aneurysm and he had a coronary angiography… Read More MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

— Bar Q & A, Taxation —

Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

January 23, 2020

2019 Bar A.2. For purposes of value-added tax, define explain or distinguish the following terms: (a) Input tax and output tax (3%) (b) Zero-rated and effectively zero-rated transactions (3%)  (c) Destination principle (2%) SUGGESTED ANSWERS: (a) Input tax is the VAT (b) Zero-rated transactions generally refer to the export sale of good and supply of… Read More Bar Q & A and Recent Jurisprudence on VAT, Zero Rated Transactions and Tax Credit

— Civil Law —

PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) VS. PILHINO SALES CORP. G.R. No. 185765, September 28, 2016 Obligations and Contracts, Rescission of a Contract of Sale [J. LEONEN]

January 18, 2020

FACTS: On October 4, 1997, the PEZA published an invitation to bid for its acquisition of two brand new fire truck units. Three companies participated in the bidding: Starbilt Enterprise, Inc., Shurway Industries, Inc., and Pilhino. Pilhino secured the contract for the acquisition of the fire trucks.  The contract awarded to Pilhino stipulated that Pilhino… Read More PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) VS. PILHINO SALES CORP. G.R. No. 185765, September 28, 2016 Obligations and Contracts, Rescission of a Contract of Sale [J. LEONEN]

— Criminal Law —

PEOPLE v. ROLANDO TERNIDA Y MUNAR G.R. No. 212626, June 03, 2019 R.A. 9165, Chain of Custody, Illegal Sale of Dangerous Drugs; Acquitted [J. LEONEN]

January 17, 2020

FACTS: Acting on a tip from a confidential informant, concerning an illegal drug transaction involving herein accused, the San Fernando City Police formed a buy-bust team composed of Inspector Quesada, PO2 Annague as poseur-buyer, and PO3 Batnag, as back-up.  On November 17, 2009, at around 10:40 p.m., the officers spotted accused Ternida along Quezon Avenue.… Read More PEOPLE v. ROLANDO TERNIDA Y MUNAR G.R. No. 212626, June 03, 2019 R.A. 9165, Chain of Custody, Illegal Sale of Dangerous Drugs; Acquitted [J. LEONEN]

— Remedial Law —

People’s General Insurance Corporation v. Edgardo Guansing And Eduardo Lizaso Service of Summons, Jurisdiction [J. LEONEN]

January 16, 2020

FACTS: Lizaso, Guansing’s employee, was driving Guansing’s truck, when he hit the rear portion of Yokohama’s Isuzu Crosswind. The strong impact caused the Crosswind to hit other vehicles, rendering it beyond repair. Yokohama filed a total loss claim under her insurance policy against People’s General Insurance Corporation (PGIC), which paid the full amount of P907,800.00… Read More People’s General Insurance Corporation v. Edgardo Guansing And Eduardo Lizaso Service of Summons, Jurisdiction [J. LEONEN]

— Criminal Law —

AAA v. BBB GR No. 212448, Jan 11, 2018 Jurisdiction, R. A. No. 9262, Psychological Abuse

January 15, 2020

FACTS:  Petitioner AAA and BBB were married in 2006 in Quezon City. Their union produced two children: CCC and DDD. In May of 2007, BBB started working in Singapore as a chef, where he acquired permanent resident status in September of 2008. AAA claimed that BBB sent little to no financial support, and only sporadically.… Read More AAA v. BBB GR No. 212448, Jan 11, 2018 Jurisdiction, R. A. No. 9262, Psychological Abuse

— Civil Law —

SINDOPHIL, INC. VS. REPUBLIC G.R. No. 204594, November 7, 2018 Torrens Title, Innocent Purchaser for Value, Burden of Proof [J. LEONEN]

January 13, 2020

FACTS:  This case involves a 2,791-square-meter parcel of land (Tramo property), currently in Sindophil’s possession.  Per TCT No. 10354,issued by the Register of Deeds of Pasay City, the Tramo property was initially registered under the name of Teodoro, who then sold it to Puma. Subsequently, Puma sold it to Ty.  Finally, Ty sold the property… Read More SINDOPHIL, INC. VS. REPUBLIC G.R. No. 204594, November 7, 2018 Torrens Title, Innocent Purchaser for Value, Burden of Proof [J. LEONEN]