G.R. No. 252898 – Criminal Law – Book II – Crimes Against Persons – Rape; Invalid Defenses; Promiscuous History of Victim – Rape Shield Doctrine AAA filed two rape cases against William Disipulo. She alleged that William introduced himself as a talent scout who was looking for models. William invited […]
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G.R. No. L-56340 – 122 SCRA 885 – Remedial Law – Special Proceedings – Settlement of Estate – Probate Court; Jurisdiction – General Rule: Probate Courts cannot resolve issues of ownership Alvaro Pastor, Sr. died in June 1966. In October 1966, his wife died. Pastor Sr. had three children. Two […]
G.R. No. L-39532 – 91 SCRA 540 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – General Rule: Probate court cannot rule on issue of ownership; Exclusion of Property from Estate is an Interlocutory Order; Estates of deceased spouses may be settled jointly […]
G.R. No. 167975 – 760 Phil. 625 – 758 SCRA 659 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Jurisdiction of Probate Court – Probate court, as a rule, cannot rule on issues of ownership In 1997, Spouses Ernesto and Gilda Jardeleza filed an […]
G.R. No. 240199 – 851 Phil. 1143 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence?Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property in […]
A.M No. 06-7-414-RTC – 562 Phil. 597 – Remedial Law – Special Proceedings – General Principles – Special Proceedings Cases are Non-Adversarial – Rule 108 cases may be summary or adversarial; Need of publication; RA 9048 is not meant to be applied in judicial proceedings In 2005, an audit was […]
G.R. No. 209527 – 826 Phil. 88 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries – Rule 108 vs Rule 103 – Rule 108 covers both minor and substantial corrections In 2009, Virgel Tipay petitioned before the court for the correction of entries in his […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]
A.C. No. 561 – 19 SCRA 815 – Legal Ethics – Disbarment – Moral Turpitude; Estafa Atty. Isidro Vinzon and his wife were convicted of estafa. The Solicitor General received information of Vinzon’s conviction and he initiated a disbarment case against Vinzon. Vinzon averred that the estafa case does not […]
A.C. No. 12820 – Legal Ethics – Administrative Cases Against Lawyers – Violation of the Notarial Rules – Affiants Must personally Appear before Notary Public In November 2013, several individuals went to the law office of Atty. Jonathan Tambol bringing with them affidavits for notarization. In the affidavits for notarization, […]
G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right Civil Law – Succession – When does successional right start Fe Factor was an heiress of a huge real estate in […]
A.C. No. 13453 – 930 Phil. 538 – Legal Ethics – Legal Profession – Code of Professional Responsibility – Rule 8.01 – Improper Social Media Posts May Result in a Lawyer’s Suspension or Disbarment In January 2019, Atty. Berteni Causing posted on his Facebook account a draft of a plunder […]
G.R. No. 260021 – Criminal Law – Special Penal Laws – Anti-Child Abuse Law – Corporal Punishment in School Melany Garin was a school teacher who, one day, ordered her pupils to place in their mouths pieces of trash, consisting of scraps of paper, pencil shavings, dirt, and candy wrappers […]
G.R. No. 246892 – Labor Law – Post-Employment – Illegal Dismissal – Four-Fold Test – Delivery Riders are employees In February 2016, Chrisden Ditiangkin and several others each executed an Independent Contractor Agreement with Lazada E-Services Philippines, Inc. whereby they agreed to be riders for Lazada. Lazada is an online […]
B. M. No. 1036 – 451 Phil. 428 – 451 SCRA 428 – Legal Ethics – Practice of Law – Who May Practice Law – Unauthorized Practice Of Law Edwin Rana passed the 2000 Bar Examinations. He was scheduled to take his oath on 22 May 2001. But on 21 […]
G.R. No. 231989 – 839 Phil. 598 – Criminal Law – Special Penal Laws – R.A. 9165 – Anti-Dangerous Drugs Act – Section 21 – Chain of Custody Romy Lim was subjected to a buy-bust operation. He was convicted by the trial court and his conviction was affirmed by the […]