G.R. No. 161075 – 714 Phil. 1 – Remedial Law – Criminal Procedure – Arraignment – Deferment of Arraignment – Prejudicial Question; Independent Civil Action Not a Prejudicial Question Sometime in the late 1990s, Rafael Jose Consing, Jr. and his mother obtained loans from Unicapital, Inc. amounting to Php18M. The […]
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G.R. No. 148193 – 443 Phil. 454 – 395 SCRA 366 – Remedial Law – Criminal Procedure – Arraignment; Deferment – Prejudicial Question In 1997, Rafael Jose Consing, Jr. and his mother Cecilia dela Cruz sold to Plus Builders, Inc. (PBI) a huge parcel of lot in Imus, Cavite. Later, […]
G.R. No. 242957 – Remedial Law – Special Proceedings – Special Writs – Petition for Writ of Habeas Corpus – When not proper; Not proper to question administrative warrants Political Law – Constitutional Law – Bill of Rights – Right to Liberty – Writ of Habeas Corpus – Administrative Warrants […]
G.R. No. 187175 – Criminal Law – Special Penal Laws – R.A. No. 9262; VAWC Law – The Anti-Violence against Women and their Children Act is Constitutional Political Law – Constitutional Law – The Judiciary; Judicial Power – Judicial Review – Power to Declare Statutes Unconstitutional; When Proper – Constitutionality […]
A.C. No. 12318 – 865 Phil. 237 – Legal Ethics – A lawyer must be honest – MCLE Rules; A lawyer may be disbarred for using false MCLE Compliance Number Atty. Francis Gustilo and Atty. Estefano De La Cruz were opposing counsels in a civil case. Atty. Gustilo found out […]
G.R. No. 215121 – Remedial Law – Criminal Procedure / Civil Procedure – Rule 40; Appeal from MTC to RTC – Submission of Memorandum by Appellant is Mandatory – Rule 42; Appeal from RTC to CA In 2006, Dr. Benigno Agbayani, Jr. was sued by Saul Hofileña, Jr. Allegedly, Dr. […]
G.R. No. 95305 – 212 SCRA 725 – Remedial Law – Special Proceedings – Guardianship – Judicial Authority to Sell Minor’s Property Civil Law – Family Law – Alienation of a Child’s Property – Judicial Approval Needed Regardless of Property’s Value In 1966, Dolores Luluquisin, a widow, sold a property […]
G.R. No. 247611 – Remedial Law – Criminal Procedure – Rule 114; Bail – Nelson Mandela Rules – When is bail not a matter of right – Recognizance Bong Revilla, Richard Cambe, and Janet Napoles were charged with plunder. In 2018, Cambe and Napoles were convicted. Napoles was transferred to […]
A.C. No. 12690 – Legal Ethics – Lawyers should do no falsehood – False allegations in pleadings Atty. Roberto Abrajano filed a petition for annulment of marriage for his client George Calbang. The certification and verification of the petition was notarized by Atty. Jorico Bayaua. The subsequent pleadings were signed […]
A.C. No. 7253 – 817 Phil. 242 – 871 Phil. 1 – Legal Ethics – Judicial Ethics – Offensive Language by a Lawyer – Falsification by a Judge / Applicant for Judgeship In 2005, Atty. Plaridel Nava II filed a motion for inhibition against Prosecutor Ofelia Artuz. Atty. Nava did […]
A.C. No. 8471 – Legal Ethics – Falsification of a court order by a lawyer In 2006, Atty. Maglalang was paid Php100k by a client in a petition for nullity of marriage case. Atty Maglalang assured the client that he will have the marriage annulled in three months. In the […]
G.R. No. L-23908 – 124 Phil. 1179 – 18 SCRA 555 – Legal Ethics – Use of Respectful Language – Defamatory language if relevant to the case are privileged Criminal Law – Book 2 – Crimes Against Honor – Libel – Privileged Communication Atty. Venancio Aquino, on behalf of Demetrio […]
NOTE: You are encouraged to read the full text of this case. This case comprehensively discussed Article 266-A of the RPC and Section 5b, RA 7610. G.R. No. 227363 – 849 Phil. 197 – Criminal Law – Crimes Against Persons – Rape vs Sexual Assault – Damages in Rape Cases […]
G.R. No. 93666 – 273 Phil. 434 – 196 SCRA 215 – Labor Law – Pre-Employment – Article 40 – Employment of Aliens In February 1990, Earl Timothy Cone (popularly known as Coach Tim Cone) was given an alien employment permit to be the head coach of Alaska, a basketball […]
G.R. No. 217194 – 817 Phil. 1030 – Mercantile Law – Intellectual Property Law – Trademark – Trademark Infringement – Dominancy Test – Dominant Features of a Trademark – Coffee Mate vs Coffee Match In June 2007, Puregold Price Club, Inc., a corporation created and registered under Philippine laws, filed […]
G.R. No. 205144 – 748 Phil. 806 – Criminal Law – Crimes Against Property – Estafa – Juridical Possession vs Material Possession – Liability of a Collector; Failure to Remit – Misappropriation In 1999, Margie Balerta, then working as a cashier of a cooperative in Balasan, Iloilo, was accused of […]