G.R. No. 193661 – 716 Phil. 408 – 703 SCRA 597 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Confidential Informant Remedial Law – Evidence – Testimonial Evidence – Presentation of Confidential Informant Ryan Blanco was convicted for violations of the Dangerous Drugs Act (R.A. 9165). […]
case digest
G.R. No. 93173 – 226 SCRA 438 – Criminal Law – Crimes Against Public Interest – Perjury – Perjured Statement Must Be Required By Law In 1987, in behalf of Pine Philippines, Inc. (PPI), Honorio Saavedra, Jr., filed a verified complaint for damages against Gregorio Ramos. Saavedra, in the verification […]
G.R. No. 226679 – 816 Phil. 789 – Remedial Law – Criminal Procedure – Plea Bargaining in Drugs Cases Political Law – Constitutional Law – Judicial Power – Rule Making Power is vested in the Judiciary Salvador Estipona, Jr. was indicted for violating Section 11 (illegal possession of illegal drugs) […]
G.R. No. 163267 – 634 Phil. 207 – 620 SCRA 134 – Criminal Law – Special Penal Laws – Illegal Possession of Firearms – Constructive Possession In January 1996, Teofilo Evangelista while in Dubai, UAE, was accosted by the Dubai Police for possession of one pistol, one submachine gun, and […]
G.R. Nos. L-9805-06 – 100 Phil. 1069 – Criminal Law – Crimes Against the Fundamental Law of the State – Article 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities – 12-18-36 Rule On 20 May 1955, Dionisio Mabong was arrested without warrant for stabbing […]
G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
G.R. No. L-48088 – 173 Phil. 616 – 84 SCRA 477- Criminal Law – Crimes Against Public Interest – Perjury – Elements – Sworn Statement Perjured Must Be One Required By Law In January 1978, Gotardo Flordelis was criminally charged for Perjury. It was alleged in the information that Flordelis […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. 148000 – 446 Phil. 496 – 398 SCRA 373 – Remedial Law – Criminal Procedure – Presence of private offended party during pre-trial is not required In February 2000, a criminal case for Falsification of Official Public Documents was filed against Mario Austria. The prosecutor listed 11 witnesses against […]
G.R. No. L-21189 – 120 Phil. 1331 – Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment In 1962, Luzviminda San Pedro filed a case against Spouses Jose and Marta Avendaño for Collection of Sum of Money. The spouses Avendaño lost the said case. To execute […]
G.R. No. 210164 – 767 Phil. 51 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Evidence – Formal Offer of Evidence – Evidence not Offered Rommel Arnado was a natural-born Filipino. Later, […]
G.R. No. 193493 – 711 Phil. 179 – 698 SCRA 485 – Labor Law – Social Legislation – SSS Claims Labor Standards – Hours of Work – Employer-Employee Relations – Four-Fold Test’ Control Test Jaime Fulo had been working in a farm owned by Jaime Gapayao since 1983. In November […]
A.C. No. 620 – 155 Phil. 33 – 56 SCRA 30 – Legal Ethics – Duty of a lawyer to update his client of the status of the case Jose Alcala engaged the services of Atty. Honesto De Vera to defend him in a civil case. On April 17, 1963, […]
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the treasurer of […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the will G.R. […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered by Article […]