G.R. No. 196342 – G.R. No. 196848 – Criminal Law – Book II – Rape by Sexual Intercourse – Rape by Sexual Assault – Rape by Sexual Assault is not Necessarily Included in Rape by Sexual Intercourse – Variance Doctrine Remedial Law – Criminal Procedure – Rule 120 – […]
Yearly Archives: 2023
116 posts
G.R. No. 83484 – 261 Phil. 231 – 182 SCRA 119 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Declaration of heirship cannot be had in a separate proceeding In 1977, Filipino author Esteban Javellana, Jr. died without any heir nor […]
G.R. No. 128781 – 435 Phil. 232 – 386 SCRA 216 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Order of Inclusion vs Order of Collation; Order of Inclusion/Exclusion of Property to the Estate Inventory is an Interlocutory Order Rafael Nicolas […]
G.R. No. L-81147 – 174 SCRA 154 – Remedial Law – Special Proceedings – Settlement of Estate – Intestacy – No need for Settlement of Estate proceedings if decedent died intestate and debtless In January 1983, Andres Pereira died. He was survived by his wife (Victoria Pereira) and his […]
G.R. No. 252898 – Criminal Law – Book II – Crimes Against Persons – Rape; Invalid Defenses; Promiscuous History of Victim – Rape Shield Doctrine AAA filed two rape cases against William Disipulo. She alleged that William introduced himself as a talent scout who was looking for models. William […]
G.R. No. L-56340 – 122 SCRA 885 – Remedial Law – Special Proceedings – Settlement of Estate – Probate Court; Jurisdiction – General Rule: Probate Courts cannot resolve issues of ownership Alvaro Pastor, Sr. died in June 1966. In October 1966, his wife died. Pastor Sr. had three children. […]
G.R. No. L-39532 – 91 SCRA 540 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – General Rule: Probate court cannot rule on issue of ownership; Exclusion of Property from Estate is an Interlocutory Order; Estates of deceased spouses may be settled […]
G.R. No. 167975 – 760 Phil. 625 – 758 SCRA 659 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Jurisdiction of Probate Court – Probate court, as a rule, cannot rule on issues of ownership In 1997, Spouses Ernesto and Gilda Jardeleza filed […]
G.R. No. 240199 – 851 Phil. 1143 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence?Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property […]
A.M No. 06-7-414-RTC – 562 Phil. 597 – Remedial Law – Special Proceedings – General Principles – Special Proceedings Cases are Non-Adversarial – Rule 108 cases may be summary or adversarial; Need of publication; RA 9048 is not meant to be applied in judicial proceedings In 2005, an audit […]
G.R. No. 209527 – 826 Phil. 88 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries – Rule 108 vs Rule 103 – Rule 108 covers both minor and substantial corrections In 2009, Virgel Tipay petitioned before the court for the correction of entries in […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who […]
A.C. No. 561 – 19 SCRA 815 – Legal Ethics – Disbarment – Moral Turpitude; Estafa Atty. Isidro Vinzon and his wife were convicted of estafa. The Solicitor General received information of Vinzon’s conviction and he initiated a disbarment case against Vinzon. Vinzon averred that the estafa case does […]
43 Phil. 293 – Legal Ethics – Disbarment – Moral Turpitude – Effect of Absolute Pardon In 1918, Atty. Marcelino Lontok was convicted of bigamy. Bigamy is a crime involving moral turpitude. In 1921, Lontok was pardoned by the Governor-General. The Attorney-General, however, sought for the disbarment of Atty. […]
A.M. No. 02-1-27-MCTC – 431 Phil. 408 – 381 SCRA 655 – Legal Ethics – Judicial Ethics – Grave Misconduct – MTCs cannot issue hold-departure ordersPolitical Law – Constitutional Law – Bill of Rights – Right to Travel; Freedom of Movement In 1998, two criminal cases were filed before […]
A.C. No. 12820 – Legal Ethics – Administrative Cases Against Lawyers – Violation of the Notarial Rules – Affiants Must personally Appear before Notary Public In November 2013, several individuals went to the law office of Atty. Jonathan Tambol bringing with them affidavits for notarization. In the affidavits for […]