Category: Remedial Law

— Constitutional Law, Political Law, Remedial Law —

PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

October 16, 2017

FACTS: On July 16, 1999, at Sitio Lambakin, San Jose del Monte, Bulacan, accused-appellant, conspiring, confederating and mutually helping one another and grouping themselves together with Juanito Pataray Cayaban, Federico Pataray Cabayan and Rommel Libarnes Acejo, who are still at large, did then and there willfully, unlawfully and feloniously, by means of force and intimidation… Read More PEOPLE VS. DOMINGO REYES G.R. No. 178300 March 17, 2009 581 SCRA 691 Rights of an Accused, Evidence, Extra-judicial Confessions

— Criminal Law, Remedial Law —

PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

October 14, 2017

Doctrine: The commission of the offense of illegal sale of regulated drugs requires merely the consummation of the selling transaction. In a “buy-bust” operation, such as in the case at bar, what is important is the fact that the poseur-buyer received the shabu from the appellants and that the same was presented as evidence in… Read More PEOPLE OF THE PHILIPPINES vs. MARIAM BANDANG, ADING SALAMAT & RAKIMA ABUBAKAR G.R. No. 151314 June 3, 2004 Illegal Sale of Regulated Drugs, Alibi, Buy-bust Operation, Conspiracy, Frame-up, Illegal Sale of Dangerous Drugs, R.A. 7659

— Remedial Law —

People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

October 6, 2017

FACTS: The instant case involved a charge of rape of the private complainant, AAA, which resulted in her pregnancy and the birth of a child (“BBB”).  A hearing was set to ascertain the feasibility of DNA testing with due regard to the standards set in the DNA Rules. Both AAA and BBB (now 17 years… Read More People  v. Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

— Remedial Law —

JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

October 6, 2017

FACTS: An Information for Estafa against the petitioner was filed with the RTC. The RTC convicted the petitioner as charged. Fourteen (14) days later, the petitioner filed a motion for new trial with the RTC, alleging that she discovered new and material evidence that would exculpate her of the crime for which she was convicted.… Read More JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

— Remedial Law —

NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

October 6, 2017

   FACTS: Petitioners Neypes, et al. filed an action for annulment of judgment and titles of land and/or reconveyance and/or reversion with preliminary injunction against the Bureau of Forest Development, Bureau of Lands, Land Bank of the Philippines and the heirs of Bernardo del Mundo.   The trial court dismissed petitioners complaint on the ground… Read More NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

— Criminal Law, Remedial Law —

Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

October 6, 2017

FACTS: Petitioner Francisco Colmenares was charged for illegal possession of firearms. He thereafter filed a motion to quash the complaint on the ground of lack of jurisdiction. It was claimed that venue was improperly laid, because the firearms mentioned in the complaint were taken from the possession of the accused in the municipality of La… Read More Colmenares v. Villar G.R. No. L-27124. May 29, 1970 Illegal Possession of Firearms, Malum Prohibitum, Venue

— Remedial Law —

MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

October 5, 2017

FACTS: In response to reports of bomb threats, Rodolfo Yu, was on foot patrol with other police officers at Plaza Miranda. They chanced upon two groups of Muslim-looking men near the Mercury Drug Store. These men were acting suspiciously with their eyes moving very fast. Yu and his companions observed both groups for about thirty… Read More MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

— Criminal Law, Mercantile Law, Remedial Law —

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

October 5, 2017

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

— Remedial Law —

ESTRADA v. OMBUDSMAN G.R. Nos. 212140-41 January 21, 2015 Quantum of proof necessary in Preliminary Investigations

October 2, 2017

FACTS: The Ombudsman served on Sen. Estrada copies of the two criminal complaints for plunder against him. Eighteen of Sen. Estrada’s co-respondents in the two complaints filed their counter-affidavits. On 20 March 2014, Sen. Estrada filed his “Request to be Furnished with Copies of Counter-Affidavits of the Other Respondents, Affidavits of New Witnesses and Other… Read More ESTRADA v. OMBUDSMAN G.R. Nos. 212140-41 January 21, 2015 Quantum of proof necessary in Preliminary Investigations

— Remedial Law —

GEPULLE-GARBO v. SPOUSES GARABATO G.R. No. 200013, January 14,2015 Expert Witness

October 2, 2017

Probative value of expert witness’ testimony  FACTS: This case pertains to a Deed of Sale over a parcel land in Pasay City, originally owned by Spouses Eduviges and Nick Garbo. In March 1977, Eduviges, with the supposed consent and signature of Nick, sold said lot to their daughter, Florence. Florence registered the property in her… Read More GEPULLE-GARBO v. SPOUSES GARABATO G.R. No. 200013, January 14,2015 Expert Witness