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 […]
Remedial Law
192 posts
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 […]
G.R. No. 140608 – 482 Phil. 193 – 439 SCRA 1 – Civil Law – Obligations and Contracts – Prescription of Actions – Collection of Sum of Money – Period to Collect Debts – Prescriptive Period; Interruption vs Suspension Remedial Law – Civil Procedure – Manner of Pleading Allegations – […]
G.R. No. 192971 – 823 Phil. 200 – 850 SCRA 209 – Civil Law – Law on Property – Prescription of Actions – Right to Foreclose – Commencement of Prescriptive Period Remedial Law – Civil Procedure – Manner of Making Allegations – Ultimate Facts – Specific Denial On 14 May […]
G.R. No. L-1236 – 81 Phil. 97 – Remedial Law – Special Proceedings – Rule on Guardianship of Minors; A.M. No. 03-02-05-SC – Sec. 19; Petition to Sell Minor’s Property – Sale of Minor’s Property is Void if Without Court Approval The siblings Marcelo, Fe, Antonio, and Olimpia (all surnamed […]
G.R. No. 161075 – 714 Phil. 1 – Remedial Law – Criminal Procedure – Arraignment – Deferment of Arraignment – Prejudicial Question; Independent Civil Action Not a Prejudicial Question Sometime in the late 1990s, Rafael Jose Consing, Jr. and his mother obtained loans from Unicapital, Inc. amounting to Php18M. The […]
G.R. No. 148193 – 443 Phil. 454 – 395 SCRA 366 – Remedial Law – Criminal Procedure – Arraignment; Deferment – Prejudicial Question In 1997, Rafael Jose Consing, Jr. and his mother Cecilia dela Cruz sold to Plus Builders, Inc. (PBI) a huge parcel of lot in Imus, Cavite. Later, […]
G.R. No. 242957 – Remedial Law – Special Proceedings – Special Writs – Petition for Writ of Habeas Corpus – When not proper; Not proper to question administrative warrants Political Law – Constitutional Law – Bill of Rights – Right to Liberty – Writ of Habeas Corpus – Administrative Warrants […]
G.R. No. 215121 – Remedial Law – Criminal Procedure / Civil Procedure – Rule 40; Appeal from MTC to RTC – Submission of Memorandum by Appellant is Mandatory – Rule 42; Appeal from RTC to CA In 2006, Dr. Benigno Agbayani, Jr. was sued by Saul Hofileña, Jr. Allegedly, Dr. […]
G.R. No. 95305 – 212 SCRA 725 – Remedial Law – Special Proceedings – Guardianship – Judicial Authority to Sell Minor’s Property Civil Law – Family Law – Alienation of a Child’s Property – Judicial Approval Needed Regardless of Property’s Value In 1966, Dolores Luluquisin, a widow, sold a property […]