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 for […]
Howard
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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. The […]
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 1969. […]
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 the […]
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 parcels […]
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 to […]
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 operation. […]
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, they, […]
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 of […]
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 be […]
G.R. No. 191805 – 676 Phil. 84 – 660 SCRA 84 – Remedial Law – Special Proceedings – Writ of Amparo – The President, as Commander-in-Chief, may be impleaded in an amparo case Writ of Habeas Data – Nature of the Writ – Purpose of the Writ On 06 September […]
G.R. No. 252120 – 884 Phil. 846 – Remedial Law – Special Proceedings – A.M. No. 07-9-12-SC; Writ of Amparo – Proper only in cases of extralegal killings and enforced disappearances; Writ of Habeas Corpus; Not proper when there is no restraint of liberty AJ Lucena is the child of […]
G.R. No. 184467 – 688 Phil. 266 – 673 SCRA 618 – Remedial Law – Special Proceedings – A.M. No. 07-9-12-SC; Writ of Amparo – Writ of Amparo not proper if there is no State participation in the alleged disappearance One night in March 2008, security guards who were under […]
G.R. Nos. 184379-80 – 686 Phil. 536 – 670 SCRA 545 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule only available to victims of extra-judicial killings and enforced disappearances In 2008, the Senate was investigating the NBN-ZTE scandal. One of the resource persons subpoenaed was […]
G.R. No. 232395 – 835 Phil. 405 – 870 SCRA 285 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule proper only in extralegal killings and enforced disappearances Congressman Rodolfo Fariñas conducted an inquiry in aid of legislation. The Committee on Good Government and Public Accountability […]
G.R. No. 235498 – 837 Phil. 515 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Clarification on the tender-age rule; No temporary custody in habeas corpus cases involving minors – A.M. No. 03-04-04-SC; Custody of Minors Ricky James Relucio and Renalyn Masbate were live-in […]