Author: pinayjurist

I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Remedial Law —

CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

October 1, 2019

FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

— Remedial Law —

Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

September 29, 2019

FACTS: Sometime in 1961, a judgment for a sum of money was rendered in favor of Independent Mercantile Corp. (IMC) against a certain Manuel Magali.  After said judgment became final, a writ of execution was issued, and a Notice of Levy made on a parcel of land covered by  TCT No. 9138, registered in the… Read More Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

September 28, 2019

U.P. Law Complex I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

— Civil Law, Remedial Law —

Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

September 23, 2019

Application of — The fact of loss or destruction of the owner’s duplicate certificate of title is crucial in clothing the RTC with jurisdiction over the judicial reconstitution proceedings; the rule that when the owner’s duplicate certificate of title was not actually lost or destroyed, but is in fact in the possession of another person,… Read More Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

— Constitutional Law, Political Law —

Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

September 17, 2019

FACTS: Pursuant to the privatization program of the Government under Proclamation No. 50, GSIS decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila Hotel Corporation (MHC).  The winning bidder, or the eventual “strategic partner,” is to provide management expertise and/or an international marketing/reservation system, and financial… Read More Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

— Constitutional Law, Political Law —

Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

September 7, 2019

Facts of the case Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams… Read More Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

— Bar Q & A, Labor Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

September 4, 2019

I. A. What are the accepted tests to determine the existence of an employer employee relationship? (5%) SUGGESTED ANSWER The accepted tests to determine the existence of an employer employee relationship are: A) Four-fold Test: The selection and engagement of the employees; The payment of wages The power of dismissal; and The power to control… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

— Criminal Law —

KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

August 28, 2019

Elements ––  Serious Illegal Detention or Kidnapping with Ransom is punished under Art. 267 of the RPC; the following elements must concur:  (a) the offender is a private individual;  (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty;  (c) the act of detention or kidnapping must be illegal;… Read More KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 18, 2019

I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Bar Q & A, Mercantile Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

August 17, 2019

I. A.  Absolute Timber Co. (ATC) has been engaged in the logging business in Isabela. To secure one of its shipments of logs to be transported by Andok Shipping Co., ATC purchased a marine policy with an all-risk provision, Because of a strong typhoon then hitting Northern Luzon, the vessel sank and the shipment of… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex