G.R. No. 132223 – 411 Phil. 359 – 358 SCRA 707 – Remedial Law – Special Proceedings – Guardianship – Guardians Must Be Philippine Residents Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians; Residency Requirement Reeder Vancil and Helen Belmes were live in […]
Remedial Law
200 posts
G.R. No. 268643 – Remedial Law – Special Proceedings – Guardianship – A.M. No. 03-02-05-SC; Guardianship of Minors Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians In September 2008, Juliana Rose Oscaris was born. A day after her birth, her mother died. Since […]
G.R. No. 217755 – 863 Phil. 413 – Remedial Law – Civil Procedure – Jurisdiction of Courts; In actions for annulment of title, the assessed value of the subject property is jurisdictional In 1993, Elmer Montero discovered that Santiago Montero, Jr., through an Affidavit of Self-Adjudication, appropriated unto himself a […]
G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
G.R. No. 259520 – Civil Law – Persons and Family Relations – Family Code- Void Marriages – Bigamous Marriages – Guilty Spouse Cannot Seek Nullity of Bigamous Marriage Remedial Law – Special Proceedings – Declaration of Nullity of Marriages – Property Party In 1994, Maria Lina Quirit married Ho Kar […]
G.R. No. 175602 – 703 Phil. 519 – Remedial Law – Criminal Procedure – Rule 122; Appeal – Favorable judgment on appeal likewise favors those who did not appeal Eduardo and Edwin Valdez were convicted of three counts of murder and were made to suffer reclusion perpetua in each of […]
G.R. No. 175602 – 679 Phil. 279 – 663 SCRA 272 – Remedial Law – Criminal Procedure – Rule 110 – Information – Proper way to allege aggravating circumstances; treachery Brothers Eduardo Valdez and Edwin Valdez were police officers accused of killing three persons. They were charged in court for […]
G.R. No. 216056 – 891 Phil. 181 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Dying Declaration In May 2001, Roger Arquero and Rolando Licupa were walking on a rice field when all of a sudden Roberto Bernardo emerged from the hill portion of the […]
G.R. No. 124342 – 377 Phil. 904 – 320 SCRA 61 – Remedial Law – Criminal Procedure – Rule 110; Information – Time of Commission of the Offense Must Be Alleged as Close to the Actual Date Political Law – Constitutional Law – Bill of Rights – Rights of the […]
G.R. No. 145391 – 436 Phil. 582 – 388 SCRA 28 – Remedial Law – Criminal Procedure – Responsive Pleading – Rule 111; Answer with Counterclaim not Allowed; Counterclaim must be filed separately Avelino Casupanan and Mario Laroya were involved in a vehicular collision. In 1999, Laroya filed a criminal […]
G.R. No. 254484 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries; Change of Civil Status – Venue – A judicially recognized foreign divorce must still be petitioned via Rule 108 to correct a civil status In 2006, Janevic Ordaneza married a Japanese in Pasay City. […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
G.R. No. 99287 – 285 Phil. 723 – 210 SCRA 246 – Remedial Law – Criminal Procedure – Plea to a Lesser Offense – Requisites; Consent of the Prosecution; Consent of the Offended Party In August 1990, Jaime Manuel was accused of illegal possession of drugs. Trial proceeded and after the […]
G.R. No. 254564; G.R. No. 254974; A.M. No. 21-07-16-SC; A.M. No. 18-03-16-SC – Remedial Law – Criminal Procedure – Sec. 4, Rule 114; Plea to a Lesser Offense – Plea Bargaining in Drugs Cases – Requisites of a valid plea bargaining This case was consolidated with Cypher Baldadera vs People […]
G.R. No. 233930 – Remedial Law – Civil Procedure – Special Civil Action – Writ of Mandamus – Where to File; Hierarchy of Courts – Doctrine of Transcendental Importance Special Proceedings – Environmental Cases – Writ of Continuing Mandamus is Available Only in Environmental Cases In 2016, the government rolled […]
G.R. No. 252861 – Remedial Law – Criminal Procedure – Appeal – There is no automatic appeal of criminal cases to the Court of Appeals In 2008, Alexander Olpindo was indicted for allegedly raping a minor. In 2016, he was convicted and was sentenced to reclusion perpetua. The RTC forwarded […]