Category: Remedial Law

— Criminal Law, Remedial Law —

Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

January 10, 2024

FACTS: Petitioners Capistrano Daayata, Dexter Salisi, and Bregido Malacat, Jr. were charged with frustrated murder. Upon arraignment, all three accused, now petitioners, pleaded not guilty. Trial then ensued. According to the prosecution, on December 16, 1995, at about 6:00 p.m., Bahian went to the house of Kagawad Abalde to report to Kagawad Abalde a violent… Read More Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

— Criminal Law, Remedial Law —

Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

January 2, 2024

FACTS: On April 16, 2010, PO1 Ramos and company, of the San Pedro Municipal Police Station were conducting a monitoring and surveillance operation of persons involved in illegal drug activities in Barangay Cuyab, Gitna, San Pedro, Laguna, after receiving information that illegal drugs were being sold thereat rampantly. While walking towards an alley, PO1 Ramos… Read More Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

— Civil Law, Remedial Law —

SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

September 20, 2023

FACTS: Bernie Santiago, claiming to be the biological father of Sofia, filed a petition with the RTC which sought to establish his paternity with Sofia and to have the City Civil Registrar of Marikina City correct some entries in Sofia’s Birth Certificate.  He averred that Sofia was the fruit of his romantic relationship with Magdalena… Read More SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

— Civil Law, Remedial Law —

Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

September 5, 2023

FACTS: Two vehicles, one driven by respondent Mario Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the MCTC of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property,… Read More Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

— Remedial Law, Special Proceedings —

Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

July 23, 2023

FACTS: Petitioner Republic of the Philippines filed an action for  the Probate of the Will of Ferdinand E. Marcos  claiming that during his exile, the late President Marcos executed his last will and testament in Hawaii, USA, with his wife Imelda Marcos and son Ferdinand R. Marcos II as executors. Petitioner prayed that the letters… Read More Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

— Criminal Law, Remedial Law —

Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

July 5, 2023

FACTS: In the evening of March 14, 1997, Jerry Macabael, a municipal guard, was shot and killed along the national highway at Bansud, Oriental Mindoro while driving a motorcycle together with petitioner Soller’s son, Vincent M. Soller. His body was brought to a medical clinic located in the house of petitioner Dr. Prudente Soller, the… Read More Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

— Mercantile Law, Remedial Law —

NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

May 11, 2023

FACTS: Petitioner is the defendant in a complaint for collection of a sum of money filed by the private respondent Ricardo Tong. On July 19, 1974, a compromise judgment was rendered by the respondent Judge Alberto Seneris in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply… Read More NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

— Criminal Law, Remedial Law —

People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

May 10, 2023

FACTS: Juanito Garcia was charged with three (3) counts of statutory rape committed against AAA, his cousin, then a minor, 8 years old, against her will.  Juanito pleaded not guilty to the charges. During trial, the prosecution presented three (3) witnesses: (a) AAA, who was eleven (11) years old at the time she testified; (b)… Read More People v. Garcia G.R. No. 200529, September 19, 2012 Statutory Rape, Testimonies of Child-victims

— Remedial Law —

Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

April 5, 2023

FACTS: On December 5, 2021, Leodegario D. Boongaling and Fortunato Diate, filed a Complaint for sum of money and damages against Banco San Juan, wherein they alleged that they are depositors of said bank, that their passbook reflected a balance of P574,313.93 as of December 9, 2008, and that they never withdrew money from the… Read More Boongaling v. Banco San Juan November 29, 2022 G.R. No. 214259 Preponderance of Evidence, Judgement on the Pleadings

— Criminal Law, Legal Ethics, Remedial Law —

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

March 21, 2023

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice