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, […]
Remedial Law
212 posts
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 […]
G.R. No. 247611 – Remedial Law – Criminal Procedure – Rule 114; Bail – Nelson Mandela Rules – When is bail not a matter of right – Recognizance Bong Revilla, Richard Cambe, and Janet Napoles were charged with plunder. In 2018, Cambe and Napoles were convicted. Napoles was transferred to […]
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 […]
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 […]