— Remedial Law —

Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

November 21, 2021

FACTS: On 25 July 1996, NBI Agent Dominador Samiano, Jr. filed several applications for search warrants in the RTC against Maxicorp for alleged copyright infringement under Section 29 of PD 49 and unfair competition under Article 189 of the RPC. To support these charges, petitioners presented the testimonies of NBI Agent Samiano, computer technician Pante,… Read More Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause

— Constitutional Law, Remedial Law —

People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

November 16, 2021

FACTS: Arnel Alicando was charged with the crime of rape with homicide  for having carnal knowledge with Khazie Mae Penecilla, a four year old. The victim suffered asphyxia by strangulation, fractured cervical vertebra and lacerations of the vaginal and rectal openings causing profuse hemorrhages and other injuries which are necessarily fatal and which were the… Read More People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process

— Constitutional Law, Remedial Law —

People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

November 9, 2021

FACTS: On November 17, 1986, police officer Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused Yolanda Gesmundo. Luciano saw the accused selling marijuana to his civilian informer by the door outside the house of the accused. Immediately thereafter, that same day Luciano applied for a search warrant. Later… Read More People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant

— Political Law —

GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

November 5, 2021

Case digest by: MA. VICTORIA O. HORA Nature: Petition for Prohibition STATEMENT OF THE CASE: Petitioner Gios-Samar, Inc., represented by its Chairperson Gerardo M. Malinao (Petitioner) filed before the Supreme Court a Petition for Prohibition (Petition) invoking the Doctrine of Transcendental Importance of the issue, assailing the constitutionality of the bundling of the Projects by… Read More GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine

— 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, Criminal Law —

Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

October 21, 2021

FACTS: Petitioners Lino Brocka,  et al. were arrested on January 28, 1985, following the forcible and violent dispersal of a demonstration held in sympathy with the jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) pursuant to the Preventive Detention Action (PDA) issued by then President Ferdinand E. Marcos. Thereafter, they were charged… Read More Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused

— Constitutional Law, Political Law —

Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

October 19, 2021

FACTS: On 15 January 2009, three members from the International Committee of the Red Cross (ICRC) were purportedly inspecting a water and sanitation project for the Sulu Provincial Jail when they were seized by three armed men who were later confirmed to be members of the Abu Sayyaf Group (ASG).  On 21 January 2009, a… Read More Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President

— Constitutional Law, Political Law —

Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

October 17, 2021

FACTS: In 1973, a religious group known as “The Church In Quezon City (Church Assembly Hall), Incorporated” (“CHURCH”), was organized as “an entity of the brotherhood in Christ.” It was registered in the same year with the Securities and Exchange Commission (SEC) as a non-stock, non-profit religious corporation for the administration of its temporalities or… Read More Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts

— 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, Political Law —

Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.

October 11, 2021

FACTS: In an order dated April 5, 1994, the lower court granted Tessie Amadeos motion for the issuance of a writ of execution against the DPWH to satisfy her unpaid claim after the government won the expropriation case involving her property. Following the anomalous implementation of the writ of execution,the court sheriff was dismissed from… Read More Fuentes v. Ombudsman, G.R. No. 124295. October 23, 2001, Independence of the Judiciary , Doctrine of Separation of Powers.