G.R. No. 255749 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Warrantless Search – Incidental to Lawful Arrest vs Plain View Remedial Law – Chain of Custody – Marking of Drug Evidence – Inadmissible if Marked Belatedly In August 2017, a buy-bust operation […]
Remedial Law
217 posts
G.R. No. 269921 – Remedial Law – Civil Procedure – Rule 70 – Ejectment vs Accion Publiciana Civil Law – Property – Recovery of Possession – Accion Publiciana Lea Victa-Espinosa had her land surveyed. The survey result showed that Spouses Noel and Leny Agullo were occupying a portion of Lea’s […]
G.R. No. 234255 – 864 Phil. 261 – Civil Law – Law on Property – Remedy to Recover Land Erroneously / Fraudulently Included in Another’s Title; Action for Reconveyance Remedial Law – Civil Procedure – Jurisdiction; Action for Reconveyance – Assessed Value vs Market Value In 1967, Olimpio Pastor sold […]
G.R. No. 129098 – 539 Phil. 114 – 510 SCRA 55 – Political Law – Constitutional Law – Accountability of Public Officers – Ombudsman – Judicial Review – Decisions of the Ombudsman Remedial Law – Civil Procedure – Decisions of Quasi-Judicial Bodies – Appeal – Rule 43; Errors in Judgment […]
G.R. No. L-23139 – 125 Phil. 270 – 18 SCRA 1120 – Political Law – Constitutional Law – State Immunity from Suit – Suit against unincorporated entities Remedial Law – Civil Procedure – Parties to a Suit In 1962, four parcels of drill parts imported by Mobil Philippines Exploration, Inc. […]
G.R. No. 176159 – 586 Phil. 515 – 564 SCRA 584 – Remedial Law – Evidence – Testimonial Evidence – Identification of the Accused – Impermissible Suggestion In October 2000, three armed men entered the restaurant owned by spouses Paquito and Rosita Buna. The armed men began robbing the place […]
G.R. No. 141644 – 429 SCRA 478 – 473 Phil. 517 – Remedial Law – Evidence – Testimonial Evidence – Identification of the Accused – Impermissible Suggestion In October 1997, a bus plying the Quirino Highway was robbed by six individuals. A passenger was killed during the robbery. On the […]
G.R. No. 167569; G.R. No. 167570; G.R. No. 171946 – 614 Phil. 451 – 598 SCRA 266 – Political Law – Constitutional Law – General Principles – Elements of a State – Citizens; Citizenship – Election of Filipino Citizenship; When done – No res judicata in citizenship cases Remedial Law […]
G.R. No. 191810 – 761 Phil. 223 – 112 OG No. 5 – Remedial Law – Civil Procedure – Judgments; Immutability of Judgments – Second Motion for Reconsideration not allowed In 1950, Carlos Go elected Filipino citizenship. In 1952, his son Jimmy Go was born. Jimmy’s birth certificate indicated that […]
G.R. No. 231619 – 914 Phil. 664 – Criminal Law – Special Penal Laws – VAWC; Permanent Protection Order Remedial Law – Special Proceedings – Permanent Protection Order; RA 9262 – Effect of Nullity of Marriage; Provision on Support may not be fully enforced if marriage is subsequently voided AAA […]
G.R. No. 152662 – 687 Phil. 95 – 672 SCRA 105 – Remedial Law – Criminal Procedure – Complaint and Information – Prescriptive Period – Filing of Complaint for Violations of Special Laws with the Prosecutor’s Office Tolls the Prescriptive Period In the latter part of 1995, Ma. Theresa Pangilinan […]
A.C. No. 7136 – 555 Phil. 713; 104 OG No. 31 – 529 SCRA 1 – Legal Ethics – Propriety – Fidelity – Obedience to Law Remedial Law – Rules of Evidence – Admissions and Denials – Negative Pregnant Jose Emmanuel “Noli” Eala, a lawyer, is married to Mary Anne […]
G.R. No. 219686 – Civil Law – Torts and Damages – Article 2180; Quasi-Delicts – Vicarious Liability of School Heads for the Tortious Acts of their Students Persons and Family Relations – Family Code – Substitute Parental Authority – Liability of School Heads Remedial Law – Evidence – Documentary Evidence […]
G.R. No. L-44886 – 177 Phil. 134 – Remedial Law – Civil Procedure – Judgment – Immutability of Judgment – Scope of a Writ of Execution; No interest maybe executed if not part of the judgment award Atty. Luciano Dominguez was appointed as the guardian of then child actress Nora […]
A.C. No. 13242 – 924 Phil. 596 – Legal Ethics – CPRA; Canon II; Propriety – Improper Claim of Influence – Fidelity; Deceitful Conduct Remedial Law – Evidence – Electronic Evidence – Text Messages; How Authenticated Feliza Asuncion married Julio Asuncion in 1983. However, without her first marriage being […]
G.R. No. 267580 – Remedial Law – Civil Procedure – Rule 65; Petition for Certiorari – Extension of the 60-day period to file Legal Ethics – CPRA; Canon IV; Competence and Diligence – Lawyer’s Negligence – When not binding to client In 2019, Catalino Fajardo and his co-workers filed an […]