Category: Remedial Law

— Remedial Law —

FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

March 6, 2020

FACTS: First Sarmiento obtained from PBCOM a P40,000,000.00 loan, which was secured by a real estate mortgage over 1,076 parcels of land. The loan agreement was subsequently amended with the increase of the loan amount up to P100,000,000.00. Later, PBCOM filed a Petition for Extrajudicial Foreclosure of Real Estate Mortgage, claiming that it sent First… Read More FIRST SARMIENTO PROPERTY HOLDINGS, INC. v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM) G.R. No. 202836, June 19, 2018 Jurisdiction, Real Actions, Actions Incapable of Pecuniary Estimation [J. Leonen]

— Criminal Law, Remedial Law —

Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

March 1, 2020

FACTS: According to the prosecution, at around 1:50 p.m. on April 17, 2006, operatives of the Bacolod City Anti-Illegal Drug Special Operation Task Group conducted a stake-out operation in Purok Sigay, Barangay 2, Bacolod City. During the operation, PO2 Villeran heard noises from one of the houses. He “peeped through its window” and saw Lapi,… Read More Simeon Lapi v. People of the Philippines G.R. No. 210731, February 13, 2019 Warrantless Arrest, R.A. No. 9165 [J. LEONEN]

— Constitutional Law, Remedial Law —

People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

February 21, 2020

J. Peralta  FACTS: Private respondents Carampatana, Oporto and Alquizola were charged, together with Christian John Lim, Emmanuel dela Cruz, Samuel Rudinas, Jansen Roda, Harold Batoctoy, and Joseph Villame, for allegedly raping AAA, a minor.  According to the prosecution, private respondents intoxicated AAA with a hard liquor and once intoxicated, brought AAA to Alquizola Lodging house,… Read More People v. Court of Appeals GR No. 183652, February 25, 2015 Criminal Procedure, Duplicitous Information, Grave Abuse of Discretion, Double Jeopardy, Rights of the Accused

— Remedial Law —

SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

February 12, 2020

FACTS: Spouses Miano are users of the electric service provided by MERALCO. They have two electric meters. One was installed to service their residence, while the other was installed to service their sari-sari store. Upon inspection, MERALCO discovered that there were two jumpers on the meter service connection of Spouses Miano. MERALCO disconnected the electrical… Read More SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO v. MERALCO G.R. No. 205035, November 16, 2016 Petition for Review on Certiorari [J. LEONEN]

— Remedial Law —

People’s General Insurance Corporation v. Edgardo Guansing And Eduardo Lizaso Service of Summons, Jurisdiction [J. LEONEN]

January 16, 2020

FACTS: Lizaso, Guansing’s employee, was driving Guansing’s truck, when he hit the rear portion of Yokohama’s Isuzu Crosswind. The strong impact caused the Crosswind to hit other vehicles, rendering it beyond repair. Yokohama filed a total loss claim under her insurance policy against People’s General Insurance Corporation (PGIC), which paid the full amount of P907,800.00… Read More People’s General Insurance Corporation v. Edgardo Guansing And Eduardo Lizaso Service of Summons, Jurisdiction [J. LEONEN]

— Remedial Law —

JERSON E. TORTAL v. CHIZURU TANIGUCHI G.R. No. 212683, November 12, 2018 Res Judicata, Appellate Remedies [J. LEONEN]

January 13, 2020

FACTS: Petitioner Tortal married Respondent Taniguchi on June 8, 1999. They lived in a 250 m2 house and lot in BF Homes, Parañaque City, which was registered in the name of Tortal, married to Taniguchi.  On April 11, 2000, Taniguchi filed a petition for the nullity of her marriage with Tortal. The RTC granted the petition… Read More JERSON E. TORTAL v. CHIZURU TANIGUCHI G.R. No. 212683, November 12, 2018 Res Judicata, Appellate Remedies [J. LEONEN]

— Criminal Law, Remedial Law —

PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

January 10, 2020

FACTS: Fidel Tan was sentenced by the CFI of Samar to suffer — an indeterminate penalty ranging from TWO (2) YEARS and FOUR (4) MONTHS, as minimum, to FOUR (4) YEARS and TWO (2) MONTHS, as maximum, both of prision correccional, with the accessory penalties provided by law. His appeal was dismissed before the CA… Read More PEOPLE vs. FIDEL TAN G.R. No. L-21805 February 25, 1967 Jurisdiction, Double Jeopardy, Execution or Satisfaction of Judgment

— Constitutional Law, Remedial Law —

National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

January 9, 2020

FACTS: On August 4, 1960, the Collector of Customs sent a notice to C.F. Sharp & Company as alleged operator of M/S “Doña Nati” informing it that said vessel was apprehended and found to have committed a violation of the customs laws and regulations in that it carried an unmanifested cargo consisting of one RCA… Read More National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

— Remedial Law —

Remedial Law (CivPro)

December 19, 2019

By Solicitor Emile Justin Cebrian [DEJA ENTENDU NOTES] [CivPro] [v.1.0, 2016] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers,1 of authors2 on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) CIVIL PROCEDURE R22 S1… Read More Remedial Law (CivPro)

— Remedial Law —

Remedial Law Preliminaries

December 19, 2019

[DEJA ENTENDU NOTES] [Preliminaries] [v.1.1, 2018] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers, of authors on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) REMEDIAL LAW Substantive & remedial law, distinguished SUBSTANTIVE LAW… Read More Remedial Law Preliminaries