G.R. No. L-4254 – 90 Phil. 70 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Doctrine of Incorporation – Universal Declaration of Human Rights In 1948, Boris Mejoff, a Russian who was brought to the Philippines by the invading Japanese forces, was due for […]
Jurisprudence
1314 posts
G.R. No. 247575 – Remedial Law – Criminal Procedure – Rule 116 – Plea Bargaining – Judgment on a lesser plea without the consent of the prosecution is void Edwin Reafor was charged of violating Section 5 of R.A. No. 9165 (selling of illegal drugs). He proposed to plead guilty […]
G.R. No. L-12629 – 106 Phil. 677 – Political Law – Constitutional Law – Bill of Rights – Right Against Double Jeopardy – Court of Competent Jurisdiction Remedial Law – Criminal Procedure – Rule 117 – Motion to Quash – Double Jeopardy – When it does not attach In 1956, […]
G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
G.R. No. 105813 – 236 SCRA 398 – Remedial Law – Criminal Procedure – Offer of Testimony Evidence – Testimonial Evidence – Offer of Testimony Concepcion Catuira was being tried for two counts of estafa. After the prosecution rested its case, Catuira filed a demurrer to evidence on the ground […]
G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
G.R. No. 216824 – 889 Phil. 915 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs […]
G.R. No. 121927 – 352 Phil. 261 – 289 SCRA 433 – Labor Law – Labor Standards – Wages – Minimum Wage – Commissions are part of Wage Antonio Iran is a softdrinks merchandiser who employs several truck drivers who will deliver his products to various stores. He gives commissions […]
G.R. No. 213488 – 798 Phil. 121 – Labor Law – Labor Standards – Wages – Commissions are part of wages Jurisdiction and Reliefs – Evidence – Burden of Proof of payment of wages is on employer Vilma De Peralta was an Insurance Sales Executive at Toyoya Pasig. In 2012, […]
G.R. No. 225010 – 843 Phil. 759 – Criminal Law – Book II – Crimes Against Honor – Libel – Religious Freedom Elements of Libel – Victim must Be Identifiable In July 1998, Eliseo Soriano, head of the Ang Dating Daan was indicted for two counts of libel. The accusations […]
G.R. No. 203284 – 799 Phil. 449 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage […]
G.R. No. 117321 – 349 Phil. 874 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
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 of […]
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 received […]
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 Documents […]
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 Guess […]