G.R. No. 164195 – 514 SCRA 537 – Civil Law – Property – Eminent Domain – Determination of Just Compensation APO Fruits Corporation, Inc. (AFC) and Hijo Plantation Inc. (HPI) were owners of 5 parcels of land (1338.60 has.) located in San Isidro, Tagum, Davao. On 12 October 1995, the two […]
Remedial Law
G.R. No. 141536 – 352 SCRA 738 – Civil Law – Conflict of Laws – Processual Presumption – Forum Non Conveniens Remedial Law – Civil Procedure – Rule 34 – Summary Judgment Gil Miguel Puyat, a foreigner, lost a collection suit filed against him by Ron Zabarte in a court […]
G.R. No. 138896 – 334 SCRA 127 – Political Law – Municipal Corporations – Eminent Domain – Expropriation – BP 129 Remedial Law – Civil Procedure – Special Civil Actions – Jurisdiction of Expropriation Cases- BP 129 In 1997, Brgy. San Roque of Talisay, Cebu, filed for an expropriation suit […]
G.R. No. L-18770 – 14 SCRA 694 – Political Law – Powers of the President – Amnesty; When it cannot be invoked Remedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former guerrilla fighting against the Japanese. In 1944, while cleaning his […]
G.R. NO. 170566 – 484 SCRA 76 – Criminal Law – Book I – Aggravating Circumstances; Must be alleged in the Information Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases Remedial Law – Criminal Procedure – Aggravating Circumstances; Must be alleged in the Information […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed of […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private In […]
G.R. No. 127840 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the house of Lolita Tigley. They […]
G.R. Nos. 106385-88 – 314 Phil. 367 – 244 SCRA 457 – Remedial Law – Evidence – Witness Credibility Civil Law – Persons and Family Relations – Article 37- Incest Marian Mandap was raped four times by her father, Alejandro Mandap, who was a military man. The first three […]
G.R. No. 169013 – 594 Phil. 451 – 574 SCRA 41 – Remedial Law – Due Process – Certiorari; when available – Service of Summons In 1996, Godofredo Cuanan, while being a school principal in San Antonio, Nueva Ecija, was charged with sexual harassment. DECS Region III created an investigating […]
G.R. No. L-46496 – 69 Phil. 635 – Political Law – Constitutional Law – Due Process in Administrative BodiesRemedial Law – Civil Procedure – Motion For New Trial; Grounds Toribio Teodoro owns and operates Ang Tibay, a leather company which supplies the Philippine Army. Due to alleged shortage of leather, […]
G.R. No. 92163 – 264 Phil. 593 – 186 SCRA 217 – Political Law – Separation of Powers – SC Cannot Change LawStatutory Construction – The Court Can Only Interpret LawsCriminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs Common CrimesRemedial Law – Criminal Procedure – Bail; When […]