G.R. No 200697 – Civil Law – Persons and Family Relations – Family Code – Muslim Divorce; Talaq In 1998, Abdulgani Sumagka and Rohaina Sumagka, both Muslims, married under Muslim rites. In 2004, they married again under civil rites before the mayor of Sarangani City. In 2006, the couple began […]
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G.R. No. L-21512 – 124 Phil. 516 – 17 SCRA 1088 – Civil Law – Torts and Damages – Quasi-Delict – Persons Liable One morning in June 1955, Aser Lagunda was driving a truck going up an uphill road in Lumban, Laguna. His truck was not carrying any cargo but […]
G.R. No. 49549 – 189 SCRA 117 – Labor Law – Post-Employment – Grounds for Termination – A teacher having a relationship with a student is not per se immoral Evelyn Chua was a teacher at Tay Tung High School, Inc. By 1975, she had been teaching there for thirteen […]
G.R. No. 157870 – 591 Phil. 393 – 570 SCRA 410 – Political Law – Constitutional Law – Article 14: Education, Science and Technology, Arts, Culture, and Sports – Academic Freedom – Random Drug testing in High School / Colleges NOTE: This is consolidated with Laserna vs Dangerous Drugs […]
G.R. No. 228255 – 853 Phil. 267 – Criminal Law – Special Penal Laws – Ant-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In July 2014, Mary Jane Cadiente was allegedly subjected to a buy-bust operation in Makati. After the alleged buy-bust operation, […]
G.R. No. 242947 – 857 Phil. 250 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In June 2013, Mario Manabat was subjected to a buy bust operation in Dipolog City. After an alleged successful buy-bust, […]
G.R. No. 219852 – 851 Phil. 64 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses In February 2009, members of the Muntinlupa Police Station conducted a buy-bust operation against Dave Claudel. After the alleged sale of illegal drugs was […]
G.R. No. 193225 – 753 Phil. 382 – Criminal Law – Special Penal Laws – R.A. 9262 – Violations not subject to compromise agreement – Permanent Protection Order; Only the court may revoke the same In 2007, a Permanent Protection Order (PPO) was issued against BBB upon a petition filed […]
G.R. No. 196359 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Psychological Incapacity – Abandonment of certain portions of the Molina Guidelines – Expert witness not needed in proving psychological incapacity In 1995, Rosanna Tan and Mario Victor Andal married each other. They were […]
G.R. No. 212196 – 750 Phil. 212 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official FunctionsCriminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – […]
G.R. No. 155080 – 466 Phil. 894 – 422 SCRA 272 – Civil Law – Law on Property – Modes of Acquisition of Title – Acquisitive Prescription – Extraordinary Prescription In 1947, Fermina Calicdan donated a parcel of land to Silverio Cendaña. The land was owned by Sixto Calicdan, her […]
G.R. No. 179267 – 712 Phil. 44 – 699 SCRA 352 – Political Law – Constitutional Law – Basic Principles – Equal Protection Clause – The VAWC Law is not violative of the equal protection clause Remedial Law – Jurisdiction of Courts – The Family Court may act on issues […]
G.R. No. 248905 – Criminal Law – Book I – Criminal Liability; Degree of Participation – Principal vs Accomplice; Conspiracy Remedial Law – Evidence – Testimonial Evidence – Inconsistencies in the testimony of a witness; when not fatal to the case Criminal Law – Book II – Crimes Against Liberty […]
G.R. No. 106634 – 396 Phil. 784 – 342 SCRA 620 – Criminal Law – Book II – Crimes Against Persons – Rape – Unnatural Acts of an alleged victim of abduction and rape lead to an acquittal – Lack of Penile Penetration Estela Eng alleged that in January 1990, […]
G.R. No. 218575 – 819 Phil. 467 – 842 SCRA 165 – Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of Offenses – Variance Doctrine – Acts of Lasciviousness; Sec. 5b of R.A. 7610 In 2006, Francisco Ursua was alleged to have raped his 14 year […]
G.R. No. L-20216 and L-20217 – 21 SCRA 1119 – Criminal Law – Book II – Crimes Against Chastity – Acts of Lasciviousness – Elements; Lewd Design – No lewd design if committed in a public place In August 1960, Tiburcio Balbar went inside the classroom of teacher Ester Gonzales […]