Author: pinayjurist

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— Remedial Law —

CADUA v. Court of Appeals G.R. No. 123123 August 19, 1999 Warrantless Arrest

August 9, 2022

FACTS: This case stemmed from a charge for violation of PD 1866 (Illegal Possession of Firearms and Ammunitions).  In the evening of January 2, 1992, while PO3 Joselito Burdeos and companions, all assigned with the Central Police District in Quezon City, were patrolling, they received a radio dispatch requesting them to proceed to Alden Street,… Read More CADUA v. Court of Appeals G.R. No. 123123 August 19, 1999 Warrantless Arrest

— Civil Law —

Pana v. Heirs of Juanite G.R. No. 164201 December 10, 2012 Family Code, Property Relations between Husband and Wife, Conjugal Partnership of Gains

August 3, 2022

FACTS: The prosecution accused petitioner Efren Pana, his wife Melecia, and others of murder before the RTC of Surigao City. Efren was acquitted of the charge for insufficiency of evidence but Melecia and another person guilty as charged and sentenced them to the penalty of death. The RTC ordered those found guilty to pay each… Read More Pana v. Heirs of Juanite G.R. No. 164201 December 10, 2012 Family Code, Property Relations between Husband and Wife, Conjugal Partnership of Gains

— Civil Law —

Carullo-Padua v. Padua G.R. No. 208258 April 27,2022 Article 36 of the Family Code, Psychological Incapacity, Tan-Andal Guidelines

July 24, 2022

FACTS: Maria Vicia Carullo-Padua and Joselito Padua were married in a civil ceremony on February 5, 1982 followed by a church wedding on December 18, 1982. The union produced a son born on March 23, 1986. On July 17, 1997, Maria filed a petition for declaration of absolute nullity of their marriage pursuant to Article… Read More Carullo-Padua v. Padua G.R. No. 208258 April 27,2022 Article 36 of the Family Code, Psychological Incapacity, Tan-Andal Guidelines

— Constitutional Law, Political Law —

Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

July 16, 2022

FACTS: Rosalind Ybasco Lopez was born on May 16, 1934 in Napier Terrace, Broome, Western Australia, to the spouses, Telesforo Ybasco, a Filipino citizen, and Theresa Marquez, an Australian. In 1949, at the age of fifteen, she left Australia and came to settle in the Philippines. In 1952, she was married to Leopoldo Lopez, a… Read More Valles v. COMELEC G.R. No. 137000 August 9, 2000 The principle of Jus Sanguinis

— Civil Law —

HEIRS OF THE LATE APOLINARIO CABURNAY v. HEIRS OF TEODULO SISON,  G.R. No. 230934, December 02, 2020, J. CAGUIOA Succession, Sale, Co-Ownership

June 13, 2022

FACTS: Petitioners alleged that on September 23, 1994, respondents’ predecessor-in-interest Teodulo Sison sold a parcel of land to [petitioners’] predecessor-in-interest Apolinario Caburnay. The [subject] property was covered by TCT No. 8791 with an approximate area of 7,768 square meters. The parties agreed that Apolinario would pay P40,000.00 as initial payment of the total purchase price… Read More HEIRS OF THE LATE APOLINARIO CABURNAY v. HEIRS OF TEODULO SISON,  G.R. No. 230934, December 02, 2020, J. CAGUIOA Succession, Sale, Co-Ownership

— Civil Law, Criminal Law —

Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

June 2, 2022

FACTS: Nerrian Maningo-Malaki claimed that on March 26, 1988, she and petitioner Francis Malaki were married under the religious rites of Iglesia ni Cristo in Panabo City, Davao del Norte. They begot two children. In 2005, Francis left the family home for Tagum City to find a job. He later abandoned their family. Nerrian discovered… Read More Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

— Criminal Law —

Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

May 26, 2022

FACTS: AAA testified that she and petitioner Jaime Araza were married on October 5, 1989 at Malate Catholic Church. Initially, she had no marital issues with Araza until he went to Zamboanga City for their networking business.  It was at this point that she began to notice Araza’s change in behavior. Allegedly, he would act… Read More Araza v. People G.R. No. 247429, September 08, 2020 R.A. No. 9262, Psychological Violence, VAWC

— Constitutional Law, Criminal Law —

Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

May 25, 2022

FACTS: Pascasio Duropan and Raymond Nixer Coloma were Barangay Kagawad and Barangay Tanod, respectively, of Lincod, Maribojoc, Bohol. On March 7, 2009 at 11:30 a.m., Duropan, Coloma, and another barangay official saw William Pacis, et al harvesting nipa palm in a plantation. Coloma approached them and asked who gave them authority to harvest. Pacis replied… Read More Duropan and Coloma v. People G.R. No. 230825, June 10, 2020 In Flagrante Delicto Arrest, Unlawful Arrest J. Leonen

— Legal Ethics —

Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

April 24, 2022

FACTS: Complainant Rosa F. Mercado’s husband filed a civil case for annulment of their marriage with the RTC of Pasig City. This annulment case had been dismissed and the same became final and executory on July 15, 1992. In August 1992, Atty. de Leon, counsel of the complainant died. Respondent  Atty. Julito D. Vitriolo entered… Read More Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege