G.R. No. 171672 – 752 Phil. 424 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two […]
Yearly Archives: 2020
G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga […]
The updated Rules of Court made use of the term “Litigious Motion” to describe motions that needed to be heard before they are resolved by the court. “Litigious” somehow feels and sounds off. We are used to hearing and using “Litigated Motion”. In fact, the Supreme Court in […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 155483 April 27, 2007 HEIRS OF PEDRO PASAG, represented by EUFREMIO PASAG; HEIRS OF MARIA PASAG, represented by EPIFANIA LUMAGUI; HEIRS OF JUANITA PASAG, represented by ASUNCION ORTIOLA; […]
G.R. No. 155483 – 550 Phil. 571 – 522 SCRA 410 – Remedial Law – Civil Procedure – Formal Offer Must Be Filed On Time – A written formal offer is a litigated motion In 1996, the Heirs of Pedro Pasag filed a Complaint for Declaration of Nullity of […]
A concubine or a paramour, often called a homewrecker, may be sued for damages for taking away a husband or a wife away from their spouse and their children. This is other than their respective criminal liability, if any, together with the erring spouse. The basis for the damage […]
Notwithstanding the presumption of regularity, our Constitution still recognized the fact that State agents may at times abuse their power. As such, a protective measure is enshrined in our Bill of Rights: Section 2. The right of the people to be secure in their persons, houses, papers, and effects […]
Lately we have seen several arrests being made against persons allegedly threatening the President. News reports tell us that those persons might be charged with grave threats and/or inciting to sedition. Those types of cases may be filed by the appropriate agencies other than the President. Whether or […]
This is the import of the case of California Clothing, Inc. vs Shirley Quiñones (G.R. No. 175822, 23 October 2013). In this case, the employees of a clothing store suspected that a customer did not pay for the item (a pair of jeans) she brought out of the […]
G.R. No. 175822 – 720 Phil. 373 – 708 SCRA 420 – Civil Law – General Principles – Article 19; Abuse of Right In July 2001, Shirley Quiñones, after receiving an official receipt from the cashier as proof of payment for a pair of jeans, went out of the […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-27394 July 31, 1970 ARMANDO V. AMPIL, petitioner, vs. THE HONORABLE JUDGE CORAZON JULIANO-AGRAVA, ANTONIO M. PEREZ and BENIGNO PEREZ Y TUASON, respondents. Antonio P. Coronel for petitioner. Alfonso Felix, Jr. for respondent Antonio […]
G.R. No. L-27394 – 34 SCRA 370 – Legal Ethics – Attorney’s Fees – Attorney’s Lien Atty. Armando Ampil was the lawyer of Angela Perez. Atty. Ampil won several cases for Angela but the latter was yet to pay Atty. Ampil. As such, Atty. Ampil held on to three […]
The legal profession is one of the most competitive crafts out there. So competitive it can be toxic at times. That being, lawyers are no stranger to trash talk just like in competitive sports. Banter and trash talk in the legal profession starts as early as law school. […]
TOPNOTCHERS: Rank Name School Rating 1 AZORES, Mae Diane M. University of Sto. Tomas – Legaspi (Formerly Aquinas University) 91.0490% 2 PARAHIMAN, Princess Fatima T. University of the East 89.5230% 3 BARANDA, Myra M. University of Sto. Tomas – Legaspi (Formerly Aquinas University) 88.8250% 4 BANDIOLA, Dawna Fya O. […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 111304 June 17, 1994 NEMESIO ARTURO S. YABUT and RICARDO M. TAMARGO, petitioners, vs. OFFICE OF THE OMBUDSMAN and DR. PAUL DORAN, respondents. Balane, Tamase, Alampay Law Office for petitioners. Quasha, Asperilla, Ancheta, Peña and […]