Author: pinayjurist

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— Remedial Law —

JERSON E. TORTAL v. CHIZURU TANIGUCHI G.R. No. 212683, November 12, 2018 Res Judicata, Appellate Remedies [J. LEONEN]

January 13, 2020

FACTS: Petitioner Tortal married Respondent Taniguchi on June 8, 1999. They lived in a 250 m2 house and lot in BF Homes, Parañaque City, which was registered in the name of Tortal, married to Taniguchi.  On April 11, 2000, Taniguchi filed a petition for the nullity of her marriage with Tortal. The RTC granted the petition… Read More JERSON E. TORTAL v. CHIZURU TANIGUCHI G.R. No. 212683, November 12, 2018 Res Judicata, Appellate Remedies [J. LEONEN]

— Legal Ethics —

Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

January 12, 2020

FACTS: Respondent Atty. Elmer A. Dela Rosa has been suspended from the practice of law for three (3) years effective September 26, 2016. His infractions consisted of borrowing a substantial amount of money from his client-spouses. Not only was he unable to pay despite demand, he even denied he owed them anything.  Atty. Elmer A.… Read More Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

— Criminal Law, Election Law —

Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita

January 11, 2020

FACTS:  An information was filed in the RTC of Alaminos, charging Herminio R. Romero, Renato R. Viray, Rachel Palisoc and Francisca de Vera, and petitioner, with violation of Section 27(b) of R.A. No. 6646, or “The Electoral Reforms Law of 1987”, for conspiring with, confederating together and mutually helping each other, did, then and there,… Read More Garcia v. Court of Appeals G.R. No. 157171 March 14, 2006 Criminal Intent, Mala In Se, Mala Prohibita

— Criminal Law, Remedial Law —

PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

January 10, 2020

FACTS: Fidel Tan was sentenced by the CFI of Samar to suffer — an indeterminate penalty ranging from TWO (2) YEARS and FOUR (4) MONTHS, as minimum, to FOUR (4) YEARS and TWO (2) MONTHS, as maximum, both of prision correccional, with the accessory penalties provided by law. His appeal was dismissed before the CA… Read More PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

— Constitutional Law, Remedial Law —

National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

January 9, 2020

FACTS: On August 4, 1960, the Collector of Customs sent a notice to C.F. Sharp & Company as alleged operator of M/S “Doña Nati” informing it that said vessel was apprehended and found to have committed a violation of the customs laws and regulations in that it carried an unmanifested cargo consisting of one RCA… Read More National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

— Remedial Law —

Remedial Law (CivPro)

December 19, 2019

By Solicitor Emile Justin Cebrian [DEJA ENTENDU NOTES] [CivPro] [v.1.0, 2016] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers,1 of authors2 on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) CIVIL PROCEDURE R22 S1… Read More Remedial Law (CivPro)

— Remedial Law —

Remedial Law Preliminaries

December 19, 2019

[DEJA ENTENDU NOTES] [Preliminaries] [v.1.1, 2018] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers, of authors on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) REMEDIAL LAW Substantive & remedial law, distinguished SUBSTANTIVE LAW… Read More Remedial Law Preliminaries

— Labor Law —

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

November 10, 2019

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship