G.R. No. 207707 – 879 Phil. 313 – Remedial Law – Civil Procedure – Motion to Dismiss – Lack of Cause of Action – Failure to Comply with a Condition Precedent – Failure to Undergo Barangay Conciliation Antonio Ngo filed a civil case against Visitacion Gabelo et al. Gabelo, in […]
case digest
G.R. No. 194239 – 760 Phil. 304 – 798 SCRA 292 – Remedial Law – Rules of Procedure in Environmental Cases – Writ of Kalikasan; Environmental Protection Order – Parties in Interest – Claim for Damages not allowed in Environmental CasesThe First Philippine Industrial Corporation (FPIC) maintains a 117 kilometer […]
G.R. No. 209271; G.R. No. 209276; G.R. No. 209301; G.R. No. 209430 – 774 Phil. 508 – 791 Phil. 243 – Remedial Law – Rules of Procedure on Environmental Cases – Writ of Kalikasan – Precautionary Principle Moot and Academic Principle – Exceptions; Capable of Repetition Yet Evading Review Doctrine […]
G.R. No. 147270 – 415 Phil. 506 – 363 SCRA 275 – Criminal Law – Book 1 – Article 70 of the Revised Penal Code – Service of Sentence – Successive ServicePete Lagran was convicted of three counts of violation of the Anti-Bouncing Checks Law. He was sentenced to suffer […]
G.R. No. 209906 – 821 Phil. 468 – Civil Law – Torts and Damages – Article 2187 – Strict Liability Torts – Product Liability Tort – Exhaustion of Administrative Remedy Not Required Moral Damages – Exemplary Damages – When granted in strict liability tort cases In 1995, Ernani Meñez ordered […]
G.R. No. 160110 – 736 Phil. 460 – 726 SCRA 505 – Civil Law – Torts and Damages – Article 2180 – Liability of Employers – Liability of Vehicle Owners – Motor Vehicle Registration Act Mariano Mendoza was driving a Mayamy Transportation bus when he hit an elf truck. Apparently, […]
G.R. No. 222166 – 873 Phil. 791 – Civil Law – Law on Property – Modes of Acquiring Ownership – Causes of Action – Reconveyance – Quieting of Title – Double Sale – Prescription In 1991, Mercedes Gatmaytan purchased a parcel of land located in Misibis, Albay from Oscar Garcia. […]
G.R. No. 252117 – 878 Phil. 628 – Remedial Law – Criminal Procedure – Rule 114; Bail – Release of Prisoners on Humanitarian Consideration; Covid-19 Pandemic – Nelson Mandela Rules Dionisio Almonte and his co-petitioners were alleged members of the New People’s Army (NPA) who were arrested for committing multiple […]
G.R. No. 204106 – Political Law – Law on Public Officers – Retirement – Voluntary Separation from Service; Optional Retirement Olivia Leones sued the Municipality of Bacnotan, La Union, for unpaid RATA (Representation and Time Allowance). In fact, her case reached the Supreme Court and she won the case. Unfortunately, […]
G.R. No. 234487 – Civil Law – Persons and Family Relations – Family Code – Article 26 – Recognition of Foreign Divorce In 2005, Virginia Parreño, a Filipino, married Koji Mimori, a Japanese, here in the Philippines. In 2013, they divorced by agreement in Japan which was allowed under Japanese […]
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 […]
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, […]