G.R. No. 133535 – 372 Phil. 816 – 320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was filed with the Sandiganbayan against Lilia Organo for the crime of […]
Monthly Archives: August 2014
17 posts
G.R. No. L-15127 – 112 Phil. 135 – 2 SCRA 205 – Civil Law – General Principles – Effect and Application of Laws – Waiver of Rights Emeterio Cui was a law student at the Arellano University. He finished the first three years of his law degree at said […]
G.R. No. 74433 – 237 Phil. 718 – 153 SCRA 742 – Criminal Law – Crimes Against Persons – Article 247 – Death Inflicted Under Exceptional Circumstances One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse with one Khingsley Paul Koh inside the […]
G.R. No. L-25835 – 17 SCRA 231 – 123 Phil. 1080 – Political Law – Law on Public Officers – Vacancy of an Office In 1966, Manila Mayor Antonio Villegas appointed 500 employees to the city government. However, Commissioner Abelardo Subido of the Civil Service Commission refused to confirm […]
G.R. No. 187229 – 682 Phil. 608 – 666 SCRA 645 – Criminal Law – Crimes Against Persons – Rape; Qualified Rape Crimes Against Public Order – P.D. 1866 – Illegal Possession of Firearms One evening in April 2003, AAA boarded the passenger van of Arnel Sison. AAA was on […]
G.R. Nos. L-54645-76 – 213 Phil. 344 – 128 SCRA 383 – Criminal Law – Book 2 – Crimes Committed By Public Officers – RA 3019 – Preventive Suspension Not a Penalty Reynaldo Bayot was an auditor for the Commission on Audit. He was allegedly involved in certain anomalous […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised […]
G.R. No. 80609 – 247 Phil. 641 – 164 SCRA 671 – Labor Law – Post-Employment – Termination – Just and Authorized Causes – Separation Pay; When not available – Equity Marilyn Abucay has been an employee of the Philippine Long Distance Telephone Company (PLDT) for ten years when it was discovered […]
G.R. No. 77368 – 45 SCAD 173 – Criminal Law – Continuing Crimes – Fencing is not a continuing crime In 1985, a robbery was committed in Quezon City where jewelries worth millions were stolen. The said jewelries were later found in the possession of a certain Danilo Alcantara […]
G.R. No. 157171 – 519 Phil. 591 – 484 SCRA 617 – Criminal Law – Book 1 – Felonies – Mala In Se vs Mala Prohibita Crimes – Defense of Good Faith In 1995, Aquilino Pimentel, Jr., ran for the senatorial elections. Meanwhile, in Alaminos, Pangasinan, Arsenia Garcia was […]
Under Rule 14 of the Rules of Court, service of summons is to be in writing and served personally to the defendant. And by “personally” the rule means it should be served physically. There must be an actual paper notice sent to the defendant. Just recently, I came […]
G.R. No. 78953 – 276 Phil. 914 – 199 SCRA 825 – Taxation Law – NIRC Remedies – 50% Penalty for Fraudulent Returns In 1977, Victoria Javier received a $1 Million remittance in her bank account from her sister abroad, Dolores Ventosa. Melchor Javier, Jr., the husband of Victoria […]
G.R. No. 166387 – 596 Phil. 229 – 576 SCRA 212 – Taxation Law – NIRC Remedies – Assessment – Assessment Notice – Content of Formal Assessment Notice In 1997, Enron Subic Power Corporation received a pre-assessment notice from the Bureau of Internal Revenue (BIR). Enron allegedly had a tax deficiency […]
G.R. No. L-6093 – 94 Phil. 387 – Taxation Law – Basic Principles – Scope and Limitation of Taxation – Equal Protection Clause In 1946, the municipal council of Cordova, Cebu issued an ordinance which imposed, among others, an annual tax of P150.00 upon the occupation or the exercise […]
G.R. No. 158261 – 540 Phil. 142 – 511 SCRA 123 – Mercantile Law – General Banking Law – Liquidation of Banking Institutions In 1986, the Rural Bank of Bokod (Benguet), Inc. (RBBI) was investigated by the Bangko Sentral ng Pilipinas (BSP) and the latter found out that RBBI […]