Category: Remedial Law

— Labor Law, Remedial Law —

TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

April 2, 2019

FACTS: Respondent Edwin Games was charged with qualified theft for allegedly stealing petitioner’s vehicle lubricants. Games filed a complaint for illegal dismissal against petitioner. The Labor Arbiter (LA) ruled against petitioner and ordered the latter to pay Games his separation pay, back wages, service incentive leave pay and attorney’s fees resulting from his illegal dismissal.… Read More TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

— Constitutional Law, Remedial Law —

CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

March 25, 2019

FACTS: Both Petitions question the Sandiganbayan’s denial to quash the Informations and Order of Arrest against Cagang despite the Office of the Ombudsman’s alleged inordinate delay in the termination of the preliminary investigation. In February 10, 2003, Office of the Ombudsman received an anonymous complaint alleging the graft and corruption at the Vice Governor’s Office,… Read More CAGANG v. SANDIGANBAYAN   G.R. Nos. 206438 and 206458, July 31, 2018 Inordinate Delay, Right to speedy disposition of Cases

— Bar Q & A, Remedial Law —

Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

March 21, 2019

I State at least five (5) civil cases that fall under the exclusive original jurisdiction of the Regional Trial Courts (RTC’s). (5%) SUGGESTED ANSWER The Regional Trial Courts inter alia shall exercise exclusive original jurisdiction in the following civil cases: (1) In all civil actions in which the subject of the litigation is incapable of… Read More Bar Exam 2016 Suggested Answers in Remedial Law by the UP Law Complex

— Remedial Law —

HEIRS OF ARTURO GARCIA v. MUNICIPALITY OF IBA, ZAMBALES G.R. No. 162217, July 22, 2015 Modes of Appeal, Appeal as a matter of right v. Discretionary Appeal

March 20, 2019

FACTS: Melecio R. Bueno was the tenant-farmer beneficiary of an agricultural land. He brought an ejectment suit in the MTC of Iba against the Municipality of Iba, claiming that the Municipality of Iba had constructed the public market on a substantial portion of his land without his consent; and that his repeated demands for the… Read More HEIRS OF ARTURO GARCIA v. MUNICIPALITY OF IBA, ZAMBALES G.R. No. 162217, July 22, 2015 Modes of Appeal, Appeal as a matter of right v. Discretionary Appeal

— Remedial Law —

TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award

March 19, 2019

FACTS: Kanemitsu Yamaoka, five Philippine tuna processors, and respondent Kingford entered into a Memorandum of Agreement (MOA), which provided, among others, the establishment of Tuna Processors, Inc. (TPI). Due to a series of events, the licensees, including respondent Kingford, withdrew from petitioner TPI and correspondingly reneged on their obligations. Petitioner submitted the dispute for arbitration… Read More TUNA PROCESSING, INC. v. PHILIPPINE KINGFORD G.R. No. 185582 February 29, 2012 Enforcement of Foreign Arbitral Award

— Remedial Law —

LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

March 17, 2019

FACTS: Gloria Lucas charged respondent, Judge Amelia A. Fabros with Gross Ignorance of the Law and Grave Abuse of Discretion relative to Civil Case No. 151248. Complainant, who was the defendant in the aforecited case, alleged that Judge Amelia A. Fabros issued an Order dated February 26, 1997 granting the plaintiffs motion for reconsideration of the… Read More LUCAS vs. JUDGE AMELIA A. FABROS A.M. No. MTJ-99-1226. January 31, 2000 Summary Procedure

— Civil Law, Remedial Law —

Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

March 12, 2019

FACTS: The spouses Tijam filed a case against the spouses Sibonghanoy to recover the sum of P1,908.00, with legal interest, plus costs. A writ of attachment was issued by the court against defendants’ properties, but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co., Inc.… Read More Tijam v. Sibonghanoy G.R. No. L-21450 April 15, 1968 Estoppel by laches

— Remedial Law —

CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

February 21, 2019

FACTS: Sgt. Victorino Noceja and Pat. Alex de Castro, while on a routine patrol in Barangay Sampalucan, Pagsanjan, spotted a passenger jeep unusually covered with “kakawati” leaves. Suspecting that the jeep was loaded with smuggled goods, the two police officers flagged down the vehicle. The jeep was driven by appellant. When asked what was loaded… Read More CABALLES vs. CA G.R. No. 136292. January 15, 2002 Warrantless Search

— Remedial Law —

PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

February 16, 2019

Although a waiver of the right to present evidence by the accused is not a trivial matter to be lightly regarded by the trial court, the filing of the demurrer to evidence without express leave of court operates as a waiver that binds the accused pursuant to the express provision of the Rules of Court.… Read More PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

— Bar Q & A, Remedial Law —

2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex

February 15, 2019

I. Lender extended to Borrower a P100,000.00 loan covered by a promissory note. Later, Borrower obtained another P100,000.00 loan again covered by a promissory note. Still later, Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at P500,000.00 Borrower defaulted on his payments when the loans matured. Despite demand… Read More 2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex