Category: Remedial Law

— Constitutional Law, Remedial Law —

People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

October 30, 2021

FACTS: On May 19, 2003, a confidential agent of the police transacted through cellular phone with appellant for the purchase of shabu. The agent later reported the transaction to the police authorities who immediately formed a team composed of member of the Philippine Drug Enforcement Agency (PDEA), the Intelligence group of the Philippine Army and… Read More People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure

— Constitutional Law, Remedial Law —

Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

October 14, 2021

FACTS: Petitioner Teresita G. Fabian was the major stockholder and president of PROMAT Construction Development Corporation which was engaged in the construction business. Private respondents Nestor V. Agustin was the incumbent District Engineering District when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman.… Read More Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court

— Constitutional Law, Remedial Law —

Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

October 3, 2021

FACTS: In an Information dated September 19, 2013, Marvin Cruz, along with seven (7) others, was charged with Robbery in an Uninhabited Place and by a Band for unlawfully taking four (4) sacks filled with scraps of bronze metal and a copper pipe worth ₱72,000.00 collectively. Cruz posted bail through a cash bond in the… Read More Cruz v. People G.R. No. 224974, July 3, 2017 J. Leonen Petition for Certiorari, Bail

— Civil Law, Remedial Law —

Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

September 18, 2021

FACTS: Petitioners Sofia Tabuada et al commenced an action to declare the nullity of a mortgage and damages against respondents Spouses Certeza, Eleanor Tabuada, Trabuco and Redondo. The complainant included a prayer for a temporary restraining order (TRO) and for the issuance of the writ of preliminary injunction. Petitioner testified that her late husband Simeon… Read More Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

— Remedial Law —

Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

September 11, 2021

FACTS: A complaint-affidavit was filed by Juno Cars, Inc. for qualified theft and estafa against Alfredo Mendoza, alleging that it hired Alfredo as Trade-In/Used Car Supervisor; that on November 19, 2007, its Dealer/Operator, Rolando Garcia, conducted a partial audit of the used cars and discovered that five (5) cars had been sold and released by… Read More Mendoza v. People -J.Leonen, G.R. No. 197293, April 21, 2014 Executive and Judicial determination of Probable Cause

— Mercantile Law, Remedial Law —

BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

September 7, 2021

FACTS: An Information was filed before the RTC of Pasig City against Antonio Choa, then president and general manager of Camden Industries, Inc. for violation of P.D. No. 115, or the Trust Receipts Law. BDO alleged that Choa misappropriated, misapplied and converted to his own personal use and benefit the said goods and/or the proceeds… Read More BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

— Constitutional Law, Remedial Law —

Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

September 4, 2021

FACTS: On April 2, 2009, the Regional Office of the DENR Environmental Management Bureau-Region III (EMB-RIII) filed a complaint before the DENR’s Pollution Adjudication Board (PAB) charging MWSS and its concessionaires, Maynilad and Manila Water, with failure to provide, install, operate, and maintain adequate Wastewater Treatment Facilities (WWTFs) for sewerage system resulting in the degraded… Read More Maynilad v. DENR Secretary G.R. No. 202897, August 06, 2019 Aspects of Due Process of Law

— Criminal Law, Remedial Law —

People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

August 23, 2021

FACTS: In an Information, George Marciales (Marciales), Orly Nabia (Nabia), Paul Pobre (Pobre), and a certain alias “Jun” (Jun) were charged with robbery with homicide, under Article 294(1) of the RPC, as follows: That on or about the 22nd of June 2000, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction… Read More People v. Nuñez October 4, 2017, G.R. No. 209342 J. Leonen, Criminal Prosecution

— Remedial Law —

Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information

August 14, 2021

FACTS: Petitioner was originally charged in an information for the crime of frustrated murder allegedly committed as follows: That on or about the 13th day of July 1991, in the Municipality of Makati, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a handgun, with intent to… Read More Teehankee v. Madayag G.R. No. 103102 March 6, 1992 Criminal Procedure, Amendment of the Information

— Appeals, Remedial Law —

Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment

August 7, 2021

FACTS: An action for redemption of a parcel of land situated in General Santos City filed by petitioner Biblia Banaga against private respondent Candelario Damalerio.  The trial court dismissed petitioner’s complaint. On appeal, the Court of Appeals reversed the trial court and upheld petitioner’s right to redeem the property. Private respondent’s appeal from said decision… Read More Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment