Category: Remedial Law

— Constitutional Law, Political Law, Remedial Law —

SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

May 14, 2021

FACTS: Petitioners Social Justice Society (SJS), et al., in an original petition for mandamus under Rule 65, sought to compel respondent Hon. Jose L. Atienza, Jr., then mayor of the City of Manila, to enforce Ordinance No. 8027. This ordinance was enacted by the Sangguniang Panlungsod of Manila on November 20, 2001, approved by respondent… Read More SJS v. Atienza G.R. No. 156052, February 13, 2008 Police Power, Lawful Subject Lawful Method, Local Ordinances, Judicial Notice

— Remedial Law —

UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

May 13, 2021

FACTS: A contract of lease was executed between Vipa Fernandez and Rafael Uy over a parcel of land for the amount of P3,000.00 per month, with a provision for a 10% increase every year thereafter. Vipa died and Grace Joy, Vipa’s daughter, became the de facto administrator of the estate of Vipa. In June 1998,… Read More UY v. ESTATE OF FERNANDEZ G.R. No. 200612, April 05, 2017 Barangay Conciliation, Unlawful Detainer

— Criminal Law, Remedial Law —

Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

May 12, 2021

FACTS: An Information was filed charging Rustico Abay, Jr., Reynaldo Darilag, Ramoncito Aban, Ernesto Ricalde, Ramon Punzalan, Ariston Reyes, Isagani Espeleta, Cesar Camacho, Leonardo Perello and Danilo Pascual with the crime of Highway Robbery/Brigandage. Thelma Andrade, a conductress of the Kapalaran Bus Line, testified that in the evening of February 17, 1994, the bus she… Read More Abay v. People G.R. No. 165896 September 19, 2008 Highway Robbery/Brigandage, Evidence, Confession, Admission, Alibi

— Criminal Law, Remedial Law —

People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

May 5, 2021

FACTS: On February 19, 1996, Felix Taylaran, a farmhand of Castor Guden, asked for permission not to work because it was raining and he had to go to the store of Teodorico Mante. At 4:00 p.m., Felix returned to Castor Guden’s house with bruises on his face and injuries all over his body. He told… Read More People v. Lobrigas G.R. No. 147649, December 17, 2002 Doctrine of Independently Relevant Statements, Abuse of Superior Strength, Circumstantial Evidence, Res Gestae,

— Civil Law, Remedial Law —

Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

April 23, 2021

FACTS: The civil cases before the RTC involved two (2) parcels of land identified as Lot 1 and Lot 2, both of which are portions of a parcel of land previously registered in the name of Luis A. Pujalte. Plaintiffs-appellants Roberto S. Sylianteng and Caesar S. Sylianteng (“appellants”) base their claim of ownership over the… Read More Skunac Corporation v. Sylianteng G.R. No. 205879 April 23, 2014 Double Sale, Best Evidence Rule, Torrens Certificate of Title, Purchaser in Good Faith

— Criminal Law, Remedial Law —

People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

April 20, 2021

FACTS: On December 3, 1998, SPO2 Paglicawan and SPO3 Yuzon received a message from the Barangay Captain of Ambil Island, Looc, that a suspicious looking boat was seen somewhere within the vicinity of said island.  The police officers immediately headed towards the specified location wherein they spotted a fishing boat and a speedboat anchored side… Read More People v. Chi Chan Liu a.k.a. Chan Que And Hui Lao Chung a.k.a. Leofe Senglao G.R. No. 189272, January 21, 2015 Variance Rule, Illegal Importation/Possession of Dangerous Drugs

— Civil Law, Remedial Law —

Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

April 19, 2021

FACTS: On 4 May 1979, petitioner Luis Uy filed a Complaint for Declaration of Nullity of Documents with Damages against respondents Petra Rosca and spouses Jose Lacsamana and Rosaura Mendoza (Sps. Lacsamana). Uy alleged that he was the lawful husband of Rosca, and that they lived together as husband and wife from the time they… Read More Uy v. Sps. Lacsamana G.R. No. 206220, August 19, 2015 Competent Evidence of Marriage, Co-ownership

— Criminal Law, Remedial Law —

Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

April 18, 2021

FACTS: Shortly after the adjournment of the day’s session in Congress, a bomb exploded near the entrance of the South Wing lobby of the House of Representatives (HOR) in the Batasan Complex which led to the death of Congressman Wahab Akbar, and four others, and the inflicting of serious injuries on seven other Representatives. The… Read More Salapuddin v. CA G.R. No. 184681, February 25, 2013 Conspiracy, Extrajudicial Confession, Evidence

— Remedial Law —

Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

April 17, 2021

FACTS: Remedio Flores filed a complaint against Ignacio Binongcal for refusing to pay the amount of P11,643.00 representing cost of truck tires which he purchased on credit from petitioner. The second cause of action was against respondent Fernando Calion for allegedly refusing to pay the amount of P10,212.00 representing cost of truck tires which he… Read More Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties