G.R. No. 240056 – Remedial Law – Criminal Procedure – Prosecution of Crimes – Motion to Quash – Being an indigenous people is not a ground to quash information Criminal Law – Book 1 – General Principles – Characteristics of Penal Laws – Territoriality Datu Malingin, also known as Lemuel […]
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G.R. No. 188130 – 639 Phil. 622 – 625 SCRA 611 – Remedial Law – Evidence – Admissibility of Evidence – Testimonial Evidence – Self-Serving Statement – Hearsay Anthony Ambrosio and several others sued Mary Lou Omictin for illegal recruitment. Omictin was convicted. On appeal, Omictin argued that the testimony […]
G.R. No. 182941 – 609 Phil. 446 – 591 SCRA 666 – Criminal Law – Special Penal Laws – RA 9344; Juvenile Justice Act – Determination of Age Book I – Exempting Circumstances – Minority – Meaning of “15 years old or below” In 2006, Robert Sierra was convicted for […]
G.R. No. 105111 – G.R. No. 105384 – 257 Phil. 1 – 211 SCRA 297 – Political Law – Law on Public Officers – Election Laws – Labo Doctrine; Second Placer Does Not Win the Election in the Event the First Placer is Disqualified After being disqualified in the previous […]
G.R. No. 254838 – Remedial Law – Special Proceedings – Rule 102; Habeas Corpus – Habeas Corpus may be availed of if there is a violation of an accused’s right to speedy trial even if detention was upon a valid court order Jessica Lucila “Gigi” Reyes was arrested in 2014 […]
G.R. No. 70748 – 223 Phil. 561 – 139 SCRA 349 – Remedial Law – Special Proceedings – Petition for Habeas Corpus – When not available; Moot and academic; Detention is upon a lawful order On different dates in May 1985, Atty. Laurente Ilagan, Atty. Antonio Arellano, and Atty. Marcos […]
G.R. No. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element of […]
G.R. No. L-20306 – 123 Phil. 318 – 16 SCRA 483 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Name to be changed must be the registered name Jesus Ng Yao Siong is a Chinese residing in Dumaguete City. He has been living in the […]
G.R. No. 131803 – 365 Phil. 354 – 305 SCRA 800 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Ordinary Prescription Since 1939, Jose Marcelo has been in possession of a parcel of lot in Angat, Bulacan. In 1965, Jose died. In 1967, his […]
G.R. No. 211539 – 797 Phil. 369 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Possession by mere tolerance In July 2010, Thamerlane Perez purchased a parcel of lot in Sampaloc, Manila from LNC Asset Management. In April 2010, Perez sent a demand letter […]
G.R. No. 244255 – Criminal Law – Book I – Aggravating Circumstances – Qualifying Circumstances; Relationship; In Rape, Correct Filial Relationship Must Be Alleged Remedial Law – Criminal Procedure – Rule 110 – Designation of the Offense – Qualifying Circumstances Must be Sufficiently Alleged In 2009, XYZ was indicted for […]
G.R. No. 205539 – 819 Phil. 379 – Remedial Law – Rule on Summary Procedure – Ejectment; Unlawful Detainer – Month-to-Month Rental Agreement – Demand Letter Spouses Maximo and Susan Christensen had been renting, on a month to month basis, a parcel of lot in San Juan City since 1969. […]
G.R. No. 224137 – 851 Phil. 154 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Reckoning date of one-year prescriptive period Leonora Rivera-Avante is the owner of a house and lot in Paco, Manila. She allowed her sister-in-law, Milagros Rivera, to stay in the […]
G.R. No. 210504 – 824 Phil. 454 – 852 SCRA 631 – Civil Law – Law on Property – Recovery of Possession – Accion Reivindicatoria is a real action but in personam; Exceptions The Heirs of Alfonso Yusingco won several cases (accion reivindicatoria cases) and their ownership over certain parcels […]
G.R. No. 170189 – 644 Phil. 43 – 629 SCRA 580 – Civil Law – Law on Property – Recovery of Property – Accion Reivindicatoria Builder in Bad Faith – Knowledge of Encroachment Spouses Elegio and Dolia Cañezo are the owners of a lot (Lot 13) in Mandaluyong. Adjacent to […]
G.R. No. 250927 – Criminal Law – Special Penal Laws – R.A. 9165; Dangerous Drugs Act – Section 21; Presence of Insulating Witnesses; Mandatory but they need not witness actual buy-bustMarking of drug evidence must be done immediately after seizureIn June 2015, Mario Nisperos was arrested in a buy-bust operation. […]