— Civil Law —

PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

August 29, 2021

FACTS: Petitioner is a private corporation and the registered owner of Lot 4523 situated in Liloan, Cebu, with an area of 22,214 square meters.  Adjacent to the lot of petitioner are parcels of land, identified to be Lot 4527, Lot 4528, and Lot 4529 with a total combined area of 3,751 square meters.  The above… Read More PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

— 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

— Criminal Law —

Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

August 20, 2021

FACTS: On July 15, 1999, P/SInsp. Ipil H. Dueñas of the now defunct Presidential Anti-Organized Crime Task Force (PAOCTF) filed an Application for Search Warrant before Branch 22 of the RTC, Cebu City, to search the premises of [appellant’s] residence at J. Labra St., Guadalupe, Cebu City and seize the following items. One (1) 7.62… Read More Jacaban v. People G.R. No. 184355 March 23, 2015 Illegal Possession of Firearms and Ammunitions under Presidential Decree (PD) No. 1866, as amended by Republic Act (RA) 8294

— Criminal Law —

Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

August 18, 2021

FACTS: On December 20, 2006 at about 3:00 a.m., while he was walking on his way home, and after he had passed by Reginald Fuentes’ house where some merrymaking had been ongoing, Mark Reynald Marasigan felt someone throw an object at him from behind. Turning around, he saw Fuentes, who, upon noticing that he had… Read More Marasigan v. Fuentes G.R. No. 201310, January 11, 2016 J. Leonen, Stages of Commission of a Felony, Conspiracy

— Criminal Law —

Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

August 16, 2021

FACTS: A complaint was filed by a “Concerned Citizen of Sarangani Province” with the Office of the Ombudsman-Mindanao against Mary Ann Gadian, Amelia Carmela Zoleta, both assigned to the Office of the Vice-Governor, and a certain Sheryll Desiree Tangan, from the Office of the Sangguniang Panlalawigan, for their alleged participation in the scheme of giving… Read More Bahilidad v. People G.R. No. 185195 March 17, 2010 Conspiracy 

— 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

— Appeals, Remedial Law —

Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

July 31, 2021

FACTS: On January 8, 1996, Aboitiz Shipping Corporation (“ASC”), principally owned by the Aboitiz family, CAGLI, principally owned by the Gothong family, and William Lines, Inc. (“WLI”), principally owned by the Chiongbian family, entered into an agreement whereby ASC and CAGLI would transfer their shipping assets to WLI in exchange for WLI’s shares of stock.… Read More Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

— Civil Law, Remedial Law —

Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

July 26, 2021

FACTS: Elenita Dinglasan was the registered owner of a parcel of land designated as Lot No. 625 covered by TCT No. T-105602, with an aggregate area of 82,972 square meters. While on board a jeepney, Elenita’s mother, Lilia Baluyot, had a conversation with one Maura Passion regarding the sale of the said property. Believing that… Read More Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

— Remedial Law —

The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel

July 22, 2021

FACTS: Sometime in 2001, officers of Clark Development Corporation, a government-owned and controlled corporation, approached the law firm of Laguesma Magsalin Consulta and Gastardo (the law firm) for its possible assistance in handling the corporation’s labor cases. Clark Development Corporation, through its legal officers and after the law firm’s acquiescence, “sought from the Office of… Read More The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel