Author: pinayjurist

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— Remedial Law —

CARIAGA v. PEOPLE G.R. No. 180010, July 30, 2010 Criminal Procedure, Liberal Interpretation of the Rules of Court

March 15, 2022

FACTS: Petitioner, as the municipal treasurer of Cabatuan, Isabela with a Salary Grade of 24, was charged with three counts of malversation of public funds, defined under Article 217 of the Revised Penal Code. The RTC convicted petitioner in the three cases. Petitioner, through counsel, in time filed a Notice of Appeal, stating that he… Read More CARIAGA v. PEOPLE G.R. No. 180010, July 30, 2010 Criminal Procedure, Liberal Interpretation of the Rules of Court

— Legal Ethics —

HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

March 4, 2022

FACTS: HDI retained the services of Atty. Cruz as its in-house corporate counsel and corporate secretary. HDI’s directors and officers were pleased with Atty. Cruz’s performance, thus, in time, he earned their trust and confidence that he was eventually tasked to handle the corporation’s important and confidential matters. However, HDI averred that through Atty. Cruz’s… Read More HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

— Criminal Law, Remedial Law —

US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

March 1, 2022

FACTS: The defendant is a Chinese employed as a fireman on Shun Chang, a foreign steamship which arrived at the port of Cebu on April 25, 1917, after a voyage direct from the port of Saigon.  The defendant bought eight cans of opium in Saigon, brought them on board the steamship Shun Chang, and had… Read More US v. Ah Sing G.R. No. L-13005 October 10, 1917 Rules on Foreign Merchant Vessels, Criminal Jurisdiction, Importation of Dangerous Drugs

— Civil Law —

Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

February 24, 2022

FACTS: Nita Villanueva came to know petitioner Antonio Geluz, a physician, for the first time in 1948 — through her aunt. In 1950 she became pregnant by her present husband before they were legally married. Desiring to conceal her pregnancy from her parents, and acting on the advice of her aunt, she had herself aborted… Read More Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

— Civil Law, Remedial Law —

Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

February 23, 2022

FACTS: Private respondent Pacific General Steel Manufacturing Corp. (PGSMC), a domestic corporation, and petitioner Korea Technologies Co., Ltd. (KOGIES), a Korean corporation,  executed a Contract whereby KOGIES would set up an LPG Cylinder Manufacturing Plant in Carmona, Cavite. The contract was executed in the Philippines.  The parties amended the contract in Korea, under which, KOGIES… Read More Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

— Constitutional Law, Political Law, Remedial Law —

RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

February 22, 2022

FACTS: On June 13, 2002, the Government of the Philippines, acting through the DOE, entered into a Geophysical Survey and Exploration Contract-I 02 (GSEC-102) with Japan Petroleum Exploration Co., Ltd. (JAPEX). This contract involved geological and geophysical studies of the Tañon Strait. The studies included surface geology, sample analysis, and reprocessing of seismic and magnetic… Read More RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, Joined in and Represented herein by Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible Stewards of God’s Creations, Petitioners, v. SECRETARY REYES G.R. No. 180771 April 21, 2015

— Civil Law —

Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

February 19, 2022

FACTS: Mario Victor M. Andal and Rosanna L. Tan met in 1975. They eventually lost contact until they reconnected in 1995 when Mario was in the Philippines for a two-month vacation from his work in Italy. They became sweethearts in June 1995. And in July 1995, Mario left for Italy, promising Rosanna that he would… Read More Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

— Appeals, Remedial Law —

Tating v. Marcella G.R. No. 155208 March 27, 2007 Evidence, Appeal

January 26, 2022

FACTS: On October 14, 1969, Daniela sold the subject property to her granddaughter, herein petitioner Nena  Tating. The contract of sale was embodied in a duly notarized Deed of Absolute Sale executed by Daniela in favor of Nena.  Subsequently, title over the subject property was transferred in the name of Nena. She declared the property… Read More Tating v. Marcella G.R. No. 155208 March 27, 2007 Evidence, Appeal

— Labor Law —

Pointers in Labor Law

January 8, 2022

The basic policy of labor laws in the Philippines is found in Article 3 of the Labor Code to wit: ART. 3. Declaration of basic policy. – The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.… Read More Pointers in Labor Law

— Remedial Law —

Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

November 21, 2021

FACTS: On 25 July 1996, NBI Agent Dominador Samiano, Jr. filed several applications for search warrants in the RTC against Maxicorp for alleged copyright infringement under Section 29 of PD 49 and unfair competition under Article 189 of the RPC. To support these charges, petitioners presented the testimonies of NBI Agent Samiano, computer technician Pante,… Read More Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause