G.R. No. 70748 – 223 Phil. 561 – 139 SCRA 349 – Remedial Law – Special Proceedings – Petition for Habeas Corpus – When not available; Moot and academic; Detention is upon a lawful order On different dates in May 1985, Atty. Laurente Ilagan, Atty. Antonio Arellano, and Atty. […]
Yearly Archives: 2023
116 posts
Yes. Aside from administrative liabilities, a lawyer may be jailed if he or she represents conflicting interests. Under Article 209 of the Revised Penal Code, as amended by R.A. No. 10951, a lawyer “who, having undertaken the defense of a client or having received confidential information from said client […]
G.R. No. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element […]
G.R. No. L-20306 – 123 Phil. 318 – 16 SCRA 483 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Name to be changed must be the registered name Jesus Ng Yao Siong is a Chinese residing in Dumaguete City. He has been living in […]
G.R. No. 131803 – 365 Phil. 354 – 305 SCRA 800 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Ordinary Prescription Since 1939, Jose Marcelo has been in possession of a parcel of lot in Angat, Bulacan. In 1965, Jose died. In 1967, […]
G.R. No. 211539 – 797 Phil. 369 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Possession by mere tolerance In July 2010, Thamerlane Perez purchased a parcel of lot in Sampaloc, Manila from LNC Asset Management. In April 2010, Perez sent a demand […]
G.R. No. 244255 – Criminal Law – Book I – Aggravating Circumstances – Qualifying Circumstances; Relationship; In Rape, Correct Filial Relationship Must Be Alleged Remedial Law – Criminal Procedure – Rule 110 – Designation of the Offense – Qualifying Circumstances Must be Sufficiently Alleged In 2009, XYZ was indicted […]
G.R. No. 109215 – 390 Phil. 740 – 335 SCRA 418 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Acquisitive Prescription – Ten-Year Period In 1988, the Heirs of Roberto Cutanda filed a complaint for recovery of possession against Dominica Cutanda et al. […]
G.R. No. 205539 – 819 Phil. 379 – Remedial Law – Rule on Summary Procedure – Ejectment; Unlawful Detainer – Month-to-Month Rental Agreement – Demand Letter Spouses Maximo and Susan Christensen had been renting, on a month to month basis, a parcel of lot in San Juan City since […]
G.R. No. 224137 – 851 Phil. 154 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Reckoning date of one-year prescriptive period Leonora Rivera-Avante is the owner of a house and lot in Paco, Manila. She allowed her sister-in-law, Milagros Rivera, to stay in […]
G.R. No. 210504 – 824 Phil. 454 – 852 SCRA 631 – Civil Law – Law on Property – Recovery of Possession – Accion Reivindicatoria is a real action but in personam; Exceptions The Heirs of Alfonso Yusingco won several cases (accion reivindicatoria cases) and their ownership over certain […]
G.R. No. 170189 – 644 Phil. 43 – 629 SCRA 580 – Civil Law – Law on Property – Recovery of Property – Accion Reivindicatoria Builder in Bad Faith – Knowledge of Encroachment Spouses Elegio and Dolia Cañezo are the owners of a lot (Lot 13) in Mandaluyong. Adjacent […]
G.R. No. 250927 – Criminal Law – Special Penal Laws – R.A. 9165; Dangerous Drugs Act – Section 21; Presence of Insulating Witnesses; Mandatory but they need not witness actual buy-bustMarking of drug evidence must be done immediately after seizureIn June 2015, Mario Nisperos was arrested in a buy-bust […]
G.R. No. 246209 – 861 Phil. 703 – Remedial Law – Special Proceedings – Writ of Kalikasan – Petition must concretely allege cause of action; Writ of Kalikasan cannot be weaponized for political endsMonico Abogado et al. (39 others) were fisherfolks near the Kalayaan Group of Islands. In 2019, […]
G.R. No. 211010 – 806 Phil. 1019 – 819 SCRA 543 – Remedial Law – Special Proceedings – Rule 7, A.M. No. 09-06-08-SC; Writ of Kalikasan – Petition must sufficiently allege cause of action – Where to File Petition for Writ of Kalikasan – Hierarchy of Courts in Writ […]
G.R. No. 234539 – Remedial Law – Special Proceedings – Writ of Habeas Data – Drug war records have no national security implications – can be subjected to habeas data In 2017, the Free Legal Assistance Group (FLAG) petitioned with the Supreme Court to have Duterte’s war on drugs […]