G.R. No. L-3891 – 9 Phil. 387 – Civil Law – Wills and Succession – Conditions on the Institution of Heirs – Prohibition to Remarry Sometime in the early 1900s, Consuelo Morente died leaving a will which provides that she is leaving all her real estate in favor of her […]
case digest
G.R. No. 139587 – 399 Phil. 282 – 345 SCRA 541 – Civil Law – Wills and Succession – Jurisdiction of the Probate Court The spouses Ismael and Felisa Reyes owned two parcels of land (Lot A and Lot B) collectively referred to as the Arayat properties located in Arayat, Cubao, […]
G.R. No. 113725 – 390 Phil. 11 – 334 SCRA 522 – Civil Law – Succession – Transmissible Obligations A certain Aleja Belleza died but he instituted in his will Dr. Jorge Rabadilla as a devisee to a 511,855 square-meter land. A condition was however imposed to the effect that: […]
G.R. No. 103338 – 229 SCRA 60 – Civil Law – Obligations and Contracts – Law on Sales – Option Contract – Consideration Distinct from the Price In 1975, a “Lease Contract with Option to Buy” was executed between Federico Serra and the Rizal Commercial Banking Corporation (RCBC). It was […]
G.R. No. 154259 – 492 Phil. 615 – 452 SCRA 532 – Civil Law – General Principles; Human Relations – Abuse of Rights – Volenti Non Fit Injuria One evening in October 1994, an exclusive party was being held at the Nikko Hotel Manila Garden. The party was being held […]
G.R. No. 133535 – 372 Phil. 816 – 320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was filed with the Sandiganbayan against Lilia Organo for the crime of plunder […]
G.R. No. L-15127 – 112 Phil. 135 – 2 SCRA 205 – Civil Law – General Principles – Effect and Application of Laws – Waiver of Rights Emeterio Cui was a law student at the Arellano University. He finished the first three years of his law degree at said law […]
G.R. No. 74433 – 237 Phil. 718 – 153 SCRA 742 – Criminal Law – Crimes Against Persons – Article 247 – Death Inflicted Under Exceptional Circumstances One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse with one Khingsley Paul Koh inside the Abarca […]
G.R. No. L-25835 – 17 SCRA 231 – 123 Phil. 1080 – Political Law – Law on Public Officers – Vacancy of an Office In 1966, Manila Mayor Antonio Villegas appointed 500 employees to the city government. However, Commissioner Abelardo Subido of the Civil Service Commission refused to confirm the […]
G.R. No. 187229 – 682 Phil. 608 – 666 SCRA 645 – Criminal Law – Crimes Against Persons – Rape; Qualified Rape Crimes Against Public Order – P.D. 1866 – Illegal Possession of Firearms One evening in April 2003, AAA boarded the passenger van of Arnel Sison. AAA was on her […]
G.R. Nos. L-54645-76 – 213 Phil. 344 – 128 SCRA 383 – Criminal Law – Book 2 – Crimes Committed By Public Officers – RA 3019 – Preventive Suspension Not a Penalty Reynaldo Bayot was an auditor for the Commission on Audit. He was allegedly involved in certain anomalous transactions […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal […]
G.R. No. 80609 – 247 Phil. 641 – 164 SCRA 671 – Labor Law – Post-Employment – Termination – Just and Authorized Causes – Separation Pay; When not available – Equity Marilyn Abucay has been an employee of the Philippine Long Distance Telephone Company (PLDT) for ten years when it was discovered that […]
G.R. No. 77368 – 45 SCAD 173 – Criminal Law – Continuing Crimes – Fencing is not a continuing crime In 1985, a robbery was committed in Quezon City where jewelries worth millions were stolen. The said jewelries were later found in the possession of a certain Danilo Alcantara in […]
G.R. No. 157171 – 519 Phil. 591 – 484 SCRA 617 – Criminal Law – Book 1 – Felonies – Mala In Se vs Mala Prohibita Crimes – Defense of Good Faith In 1995, Aquilino Pimentel, Jr., ran for the senatorial elections. Meanwhile, in Alaminos, Pangasinan, Arsenia Garcia was one […]
G.R. No. 78953 – 276 Phil. 914 – 199 SCRA 825 – Taxation Law – NIRC Remedies – 50% Penalty for Fraudulent Returns In 1977, Victoria Javier received a $1 Million remittance in her bank account from her sister abroad, Dolores Ventosa. Melchor Javier, Jr., the husband of Victoria immediately […]