It is determined in two ways: Geographical limits of the territory over which it presides; The action (whether criminal or civil) if empowered to hear and decide
Monthly Archives: July 2011
47 posts
Generally, the rules are to be applied to cases pending and remain undetermined at the time of their promulgation. They may not be given retroactive effect if they would affect substantive or vested rights. However, the rules may be applied retrospectively when they are favorable to the accused. NOTE: […]
A court has an inchoate (imperfect) right of jurisdiction over all crimes committed within its territorial jurisdiction, which is perfected on the institution of the action. The change in the territorial limits of the place may be a cause for a court to lose jurisdiction over the offense. Print […]
Under the Philippines criminal justice system, Sandiganbayan is a court that exercises special criminal jurisdiction. The Sandiganbayan is a court that exercises exclusive original jurisdiction over cases involving public officers having Salary Grade 27. Under this kind of jurisdiction over the subject matter, the commission of the offense in […]
The modes of acquiring land titles are: Title by public grant – conveyance of public land by government to a private individual Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property Title by accretion – alluvium Title by reclamation – filling of submerged land by […]
G.R. No. 145993 – 404 SCRA 170 – Criminal Law – Book 1 – Aggravating Circumstances – Qualifying Circumstances; Use of Motor Vehicle On July 7, 1996 at 4pm, Joseph Galang admonished Rufino Mallari for driving so fast in front of the Galang’s house. Mallari got irked and challenged Galang […]
G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her […]
G.R. Nos. 120493-94/117692 – 319 SCRA 539 – Criminal Law – Book I – Aggravating Circumstances – Abuse of Superior Strength On October 28, 1989, Julio Ocumen had a heated argument with Alex Espanto and Juanito Bibat during a wedding celebration. Ocumen went berserk and ran after the two. […]
G.R. No. 157984 – 434 SCRA 38 – Criminal Law – Aggravating Circumstances – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8pm, Moises Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto Flores and Sofronia Saquing. […]
G.R. No. 115215 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead of only fetching […]
G.R. No. 140420 – 351 SCRA 73 – Civil Law – Article 19 – Abuse of Rights – Damnum Absque Injuria In 1965, Atty. Sergio Amonoy represented Alfonso Fornilda (also spelled Formida) in a partition case. Since Fornilda had no money to pay, he agreed to make use of […]
G.R. No. 9331 – 101 Phil. 947 – 54 O.G. 1831 – Civil Law – Torts and Damages – Employer Liable for Damages Caused by Employee Although not Engaged in Business or Industry In December 1953, Segundino Estanda was driving the Studebaker Sedan car owned by Conrado Echarri when […]
G.R. No. L-10073-75 – 33 Phil. 11 – Civil Law – Torts and Damages – Liability of Employers In January 1913, Butaro Yamada et al hired a taxi owned and operated by Bachrach Garage & Taxicab Co. so that they may travel to Cavite Viejo. The trip was safe […]
G.R. No. 120706 – 324 SCRA 85 – Civil Law – Torts and Damages – Human Relations – Article 26 – “Human Personality Exalted By Laws” The spouses Nestor and Allem Nicolas were the lessees of Florence Concepcion. The spouses were engaged in an office supply business where they […]
G.R. No. 141536 – 352 SCRA 738 – Civil Law – Conflict of Laws – Processual Presumption – Forum Non Conveniens Remedial Law – Civil Procedure – Rule 34 – Summary Judgment Gil Miguel Puyat, a foreigner, lost a collection suit filed against him by Ron Zabarte in a […]
G.R. No. L-20089 – 12 SCRA 648 – Civil Law – Torts and Damages – Article 21 of the Civil Code – Moral Damages – Exemplary Damages – Breach of Promise to Marry In 1954, Francisco Velez and Beatriz Wassmer planned their marriage. They decided to schedule it on September […]