G.R. No. 108028 – 328 Phil. 1123 – 260 SCRA 36 – 93 OG No. 36 – Remedial Law – Criminal Procedure – Rule 118; Pre-Trial; Stipulations – Trial; Stipulations Evidence – Admissions; Judicial Admissions – Admissions by Counsel – Admissions of Fact Cristina Hernandez was convicted of large scale […]
Remedial Law
140 posts
G.R. No. 240056 – Remedial Law – Criminal Procedure – Prosecution of Crimes – Motion to Quash – Being an indigenous people is not a ground to quash information Criminal Law – Book 1 – General Principles – Characteristics of Penal Laws – Territoriality Datu Malingin, also known as Lemuel […]
G.R. No. 188130 – 639 Phil. 622 – 625 SCRA 611 – Remedial Law – Evidence – Admissibility of Evidence – Testimonial Evidence – Self-Serving Statement – Hearsay Anthony Ambrosio and several others sued Mary Lou Omictin for illegal recruitment. Omictin was convicted. On appeal, Omictin argued that the testimony […]
G.R. No. 254838 – Remedial Law – Special Proceedings – Rule 102; Habeas Corpus – Habeas Corpus may be availed of if there is a violation of an accused’s right to speedy trial even if detention was upon a valid court order Jessica Lucila “Gigi” Reyes was arrested in 2014 […]
G.R. No. 70748 – 223 Phil. 561 – 139 SCRA 349 – Remedial Law – Special Proceedings – Petition for Habeas Corpus – When not available; Moot and academic; Detention is upon a lawful order On different dates in May 1985, Atty. Laurente Ilagan, Atty. Antonio Arellano, and Atty. Marcos […]
G.R. No. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element of […]
G.R. No. L-20306 – 123 Phil. 318 – 16 SCRA 483 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Name to be changed must be the registered name Jesus Ng Yao Siong is a Chinese residing in Dumaguete City. He has been living in the […]
G.R. No. 211539 – 797 Phil. 369 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Possession by mere tolerance In July 2010, Thamerlane Perez purchased a parcel of lot in Sampaloc, Manila from LNC Asset Management. In April 2010, Perez sent a demand letter […]
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 […]
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. 246209 – Remedial Law – Special Proceedings – Writ of Kalikasan – Petition must concretely allege cause of action; Writ of Kalikasan cannot be weaponized for political ends Monico Abogado et al. (39 others) were fisherfolks near the Kalayaan Group of Islands. In 2019, they, with the help […]
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 – 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 Relissa Lucena. In 2018, […]