Criminal Law

People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

FACTS:  A buy-bust operation was conducted based on a report of a confidential informant (CI) that a certain “Romy” has been engaged in the sale of prohibited drugs.  The CI knocked at the door of a house and uttered, “ayo, nong Romy.” A certain Gorres came out and invited them to enter. Inside, Lim was… Read More People v. Lim G.R. No. 231989, September 4, 2018 R.A. 9165, Chain of Custody

Criminal Law

HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

FACTS:  Globe Asiatique, through its president Delfin Lee, entered into a Window I – Contract to Sell (CTS) Real Estate Mortgage with Buy-back Guaranty take out mechanism with the Home Development Mutual Fund (HDMF), also known as the Pag-Ibig Fund, for its Xevera Bacolor Project in Pampanga. Both parties also executed various Funding Commitment Agreements… Read More HDMF PAG-IBIG FUND v. Sagun G.R. No. 205698, July 31, 2018 Syndicated Estafa, Simple Estafa

Criminal Law

IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties

FACTS: This is a Petition for Release, praying for the immediate release of Samuel Saganib y Lutong (petitioner) pursuant to the provisions of R.A. No. 109512 and this Court’s ruling in Hernan v. Sandiganbayan. Petitioner was convicted of the crime of Estafa under Article 315, paragraph 2(a) of the RPC for pretending to be a… Read More IN RE: CORRECTION/ADJUSTMENT OF PENALTY PURSUANT TO R.A. NO. 10951, IN RELATION TO HERNAN v. SANDIGANBAYAN G.R. No. 240347, August 14, 2018 Penalties

Taxation

QATAR AIRWAYS COMPANY WITH LIMITED LIABILITY v. CIR G.R. No. 238914, June 08, 2020 Late Payment of Taxes, Abatement of Tax Liability, Surcharges

FACTS: On November 30, 2011, Qatar Airways Company with Limited Liability (petitioner) filed, through the Electronic Filing and Payment System (eFPS) of the BIR, its 2nd Quarterly Income Tax Return (ITR) for the Fiscal Year ending March 31, 2012 and paid the corresponding tax due thereon in the amount of P29,540,836.00. The said filing was… Read More QATAR AIRWAYS COMPANY WITH LIMITED LIABILITY v. CIR G.R. No. 238914, June 08, 2020 Late Payment of Taxes, Abatement of Tax Liability, Surcharges

Constitutional Law, Election Law

Santos v. COMELEC G.R. No. 235058 and G.R. NO. 235064 September 04, 2018 Nuisance Candidate, Election Law, COMELEC

FACTS: Respondent Jennifer Antiquera Roxas filed a certificate of candidacy (COC) for the position of member of the Sangguniang Panlungsod for the First District of Pasay City for the May 9, 2016 National and Local Elections. Subsequently, she filed a petition for disqualification against Rosalie Isles Roxas before the COMELEC praying that the latter be… Read More Santos v. COMELEC G.R. No. 235058 and G.R. NO. 235064 September 04, 2018 Nuisance Candidate, Election Law, COMELEC

Constitutional Law, Political Law

ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

FACTS: On May 25, 2010, then Acting DOJ Secretary Alberto C. Agra issued the assailed DOJ Circular No. 41, which consolidated DOJ Circular Nos. 17 and 18. DOJ Circular No. 17 prescribes the rules and regulations governing the issuance of Hold Departure Orders (HDOs), while DOJ Circular No. 18 prescribes the rules and regulations governing… Read More ARROYO v. DE LIMA, G.R. No. 199046, April 17, 2018 The Right to Travel

Constitutional Law

Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

FACTS: On September 11, 2013, Benhur K. Luy, Merlina P. Sunas, Gertrudes K. Luy, Nova Kay Badal Macalintal, Elena S. Abundo and Avelina C. Lingo (whistleblowers) executed their Pinagsamang Sinumpaang Salaysay in which they revealed the details of the Pork Barrel Scam that involved the misuse or illegal diversion by certain legislators of their allocations… Read More Estrada v. Sandiganbayan G.R. No. 217682, July 17, 2018 Ex Post Facto Law, Bill of Rights

Criminal Law

People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

FACTS: Having boarded a motor banca owned by Epimaco Mola, together with other passengers bound for Talicud Island, Davao, and once the motor banca was in the middle of the sea and when it developed engine trouble, the accused, conspiring together and helping one another, with intent to steal the motor banca and by means… Read More People v. Dicto Arpa and Maalum Arpa G.R. No. L-26789. April 25, 1969 Aggravating Circumstance of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune

Constitutional Law, Political Law

Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

FACTS:  Petitioner CESB granted to its officials and employees various monetary benefits in CY 2002 and CY 2003 pursuant to Section 2, Article V of the Collective Negotiation Agreement it had entered into with the Samahan ng Kawaning Nagkakaisasa Diwa, Gawa at Nilalayon (SANDIGAN), a duly accredited organization of its employees. Upon post-audit, respondent the… Read More Career Executive Service Board v. Commission on Audit G.R. No. 212348 June 19, 2018 Legislative Department, Appropriation and Re-alignment, COA

Civil Law

Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable

FACTS: On October 22, 1933, Ignacio Daquer, married to Fernanda Abela, applied for a homestead patent grant over Lot No. H-19731, situated at Brgy. Corong-Corong, Centro, Bacuit, Palawan. Daquer lodged Homestead Application No. 197317 before the Bureau of Lands, now Land Management Bureau. On September 3, 1936, the Provincial Environment and Natural Resources Officer, by… Read More Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable