Author: pinayjurist

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— Remedial Law —

Asistio v. People G.R. No. 200465, April 20, 2015 Jurisdiction in Criminal Cases

December 2, 2022

FACTS: Petitioner Jocelyn Asistio was charged with violation of Section 46 of the Cooperative Code of the Philippines RA No. 6938.  The accusatory portion of the Information filed against her reads: That on or about July 27, 1998, in the City of Manila, Philippines, the said accused, being then the Chairperson and Managing Director of… Read More Asistio v. People G.R. No. 200465, April 20, 2015 Jurisdiction in Criminal Cases

— Legal Ethics, Remedial Law —

PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

November 30, 2022

FACTS: The present case involves a simple purchase transaction between defendant-appellant PNCC and plaintiff-appellee APAC involving crushed basalt rock delivered by plaintiff-appellee to defendant-appellant PNCC. Plaintiff-appellee filed with the trial court a complaint against defendants-appellees for collection of sum of money with damages. Defendants-appellants filed a motion to dismiss, alleging that the complaint was premature… Read More PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

— Criminal Law —

De Leon v. People of the Philippines G.R. No. 212623, January 11, 2016 Elements of Oral Defamation

November 29, 2022

FACTS: Enrique De Leon was charged with Grave Oral Defamation in the Information filed before the MeTC, the accusatory portion of which reads: That, on or about April 17, 2006, in the City of Manila, Philippines, the said accused, with the deliberate intent to besmirch the honor and reputation of one SPO3 PEDRITO L. LEONARDO,… Read More De Leon v. People of the Philippines G.R. No. 212623, January 11, 2016 Elements of Oral Defamation

— Remedial Law —

Ngo v. Gabello et al. G.R. No. 207707, August 24, 2020 RA 7160 (Local Government Code of 1991) Barangay Conciliation Proceedings

November 19, 2022

FACTS: On September 24, 2008, Antonio Ngo filed before the RTC of Manila, a complaint for recovery of possession of a parcel of land covered by TCT No. 250439 (subject property) against herein respondents Visitacion Gabelo, Erlinda Abella, Petra Perez, Eduardo Traquena, Erlinda Traquena, Ulysis Mateo, Alfonso Placido, Leonardo Traquena, Susana Rendon and Mateo Trinidad. In… Read More Ngo v. Gabello et al. G.R. No. 207707, August 24, 2020 RA 7160 (Local Government Code of 1991) Barangay Conciliation Proceedings

— Constitutional Law, Remedial Law —

Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

November 2, 2022

FACTS: Kilusang Mayo Uno, together with representatives from recognized labor centers, labor federations, party-list groups, and Social Security System members, filed the instant Petition for Certiorari and Prohibition against government officials and agencies involved, praying that a temporary restraining order and/or writ of preliminary injunction be issued to annul the Social Security System premium hike embodied in the… Read More Kilusang Mayo Uno (KMU) v. Benigno Aquino II G.R. No. 210500, April 2, 2019 Power of Judicial Review, Exhaustion of Administrative Remedies, Petition for Certiorari, Actual Case or Controversy

— Civil Law, Remedial Law —

Sps. Pajares v. Remarkable Laundry G.R. No. 212690, February 20, 2017 Jurisdiction, Breach of Contract, Damages

October 29, 2022

FACTS: Remarkable Laundry and Dry Cleaning (respondent) filed a Complaint denominated as “Breach of Contract and Damages” against spouses Romeo and Ida Pajares (petitioners) before the RTC, wherein it alleged that it entered into a Dealer Outlet Contract with petitioners whereby the latter, acting as a dealer outlet, shall accept and receive items or materials for laundry… Read More Sps. Pajares v. Remarkable Laundry G.R. No. 212690, February 20, 2017 Jurisdiction, Breach of Contract, Damages

— Civil Law, Remedial Law —

HEIRS OF ALFREDO CULLADO v. GUTIERREZ G.R. No. 212938, July 30, 2019 J. Caguioa, Accion Publiciana, Torrens Title

October 27, 2022

FACTS: A Katibayan ng Orihinal na Titulo Blg. [(OCT No.)] P-61499 covering the subject property was issued in Dominic Gutierrez’s favor. Subsequently, [Dominic]’s father, Dominador L. Gutierrez, representing [Dominic] who was then still a minor, filed before the RTC an action for recovery of ownership, possession with damages with prayer for preliminary mandatory injunction and temporary restraining order… Read More HEIRS OF ALFREDO CULLADO v. GUTIERREZ G.R. No. 212938, July 30, 2019 J. Caguioa, Accion Publiciana, Torrens Title

— Appeals, Constitutional Law, Criminal Law, Remedial Law —

Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

October 24, 2022

FACTS:  JOSE M. VALERO CORPORATION (JMV) agreed to grant an accommodation in favor of Maria Nympha Mandagan by allowing her to use its corporate name and account for a car loan intended for her personal use. The accommodation was extended to Mandagan when she still enjoyed the good graces of company director, Mrs. Rosie V.… Read More Mandagan v. JMV CORPORATION  G.R. No. 215118 June 19, 2019 J. Caguioa B.P. 22, Acquittal, Right of the accused against double jeopardy

— Appeals, Criminal Law, Remedial Law —

People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

September 27, 2022

FACTS: Private complainant narrated that in June 2013, while she and her siblings were sleeping, her father, accused-appellant went home drunk, laid down beside her, and started touching her private parts. Private complainant woke up startled. She could not understand what was happening, as she was only 12 years old at that time. She tried… Read More People v. XXX G.R. No. 253284 August 31, 2022 Qualified Rape; Elements; Republic Act No. (RA) 8353

— Criminal Law —

People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted 

September 2, 2022

FACTS: On January 9, 2017, at around 4:30 p.m., PO2 Casais received a tip from a confidential informant that accused-appellant Judy Malate was selling illegal drugs. PO2 Casais instructed the informant to transact with accused-appellant and set up a purchase of shabu worth PS00.00. PO2 Casais was assigned to act as poseur-buyer. At 6:47 p.m.,… Read More People of the Philippines v. Malate G.R. No. 250127 August 10, 2022  Chain of Custody, Illegal Sale of Dangerous Drugs, Illegal Possession of Dangerous Drugs, Acquitted