G.R. No. 2821 – 6 Phil. 413 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Confront Witnesses; Right may be waivedIn the 1900s, Mariano Anastasio was charged with Attempted Rape. Trial ensued however, after the prosecution presented its evidence, the […]
Case Digest
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A.C. No. 10738 – 883 Phil. 334 – Legal Ethics – Inception of the Attorney-Client Relationship – Stealing Clients Marcelina Zamora’s husband filed an illegal dismissal case against his employer. They submitted a position paper drafted by the PAO to the NLRC. However, while Marcelina was outside the NLRC office, […]
G.R. No. 145391 – 436 Phil. 582 – 388 SCRA 28 – Remedial Law – Criminal Procedure – Responsive Pleading – Rule 111; Answer with Counterclaim not Allowed; Counterclaim must be filed separately Avelino Casupanan and Mario Laroya were involved in a vehicular collision. In 1999, Laroya filed a criminal […]
G.R. No. L-27952 – 197 Phil. 647 – 111 SCRA 704 – Civil Law – Law on Succession – Alien Spouse May Inherit From Filipino Spouse In 1964, Jose Eugenio Ramirez, a Filipino, died. He had no children and he was survived by Marcelle Ramirez, his French citizen wife. He […]
A.M. No. RTJ-20-2579 – Legal Ethics – Judicial Ethics – Serious Misconduct – Gross Ignorance of the Law Political Law – Constitutional Law – Bill of Rights – Illegal Search and Seizure – Fruit of the Poisonous Tree – Exceptions; Independent Source, Inevitable Discovery – Right to Privacy of Government […]
A.C. No. 13955 – Legal Ethics – Canon II – Propriety – A lawyer must not engage in deceitful conduct – A lawyer must not issue worthless checks Canon III – Fidelity – A lawyer must uphold the law In 2016, Atty. Cipriano Robielos III borrowed Php240k from Adrian Kelley. […]
G.R. No. 254484 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries; Change of Civil Status – Venue – A judicially recognized foreign divorce must still be petitioned via Rule 108 to correct a civil status In 2006, Janevic Ordaneza married a Japanese in Pasay City. […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
G.R. No. 99287 – 285 Phil. 723 – 210 SCRA 246 – Remedial Law – Criminal Procedure – Plea to a Lesser Offense – Requisites; Consent of the Prosecution; Consent of the Offended Party In August 1990, Jaime Manuel was accused of illegal possession of drugs. Trial proceeded and after the […]
G.R. No. 254564; G.R. No. 254974; A.M. No. 21-07-16-SC; A.M. No. 18-03-16-SC – Remedial Law – Criminal Procedure – Sec. 4, Rule 114; Plea to a Lesser Offense – Plea Bargaining in Drugs Cases – Requisites of a valid plea bargaining This case was consolidated with Cypher Baldadera vs People […]
G.R. No. 258524 – Criminal Law – Book 2 – Crimes Against Honor – Libel – Cyber Libel – Prescriptive Period – Date of Publication vs Date of Discovery On 10 May 2021, two Informations for Cyber Libel were filed against Berteni Causing. The Informations alleged that Causing posted libelous […]
G.R. No. 233930 – Remedial Law – Civil Procedure – Special Civil Action – Writ of Mandamus – Where to File; Hierarchy of Courts – Doctrine of Transcendental Importance Special Proceedings – Environmental Cases – Writ of Continuing Mandamus is Available Only in Environmental Cases In 2016, the government rolled […]
G.R. No. 252861 – Remedial Law – Criminal Procedure – Appeal – There is no automatic appeal of criminal cases to the Court of Appeals In 2008, Alexander Olpindo was indicted for allegedly raping a minor. In 2016, he was convicted and was sentenced to reclusion perpetua. The RTC forwarded […]
G.R. No. 232688 – Mercantile Law – The Consumer Act – Liability for Imperfections – Liability for Defective Product – Prescription of Action; Warranty Period In January 2011, Alexander Caruncho bought a Mazda sedan from Mazda Quezon Avenue. During the first week of use, he already noticed an unusual noise […]
G.R. No. 140608 – 482 Phil. 193 – 439 SCRA 1 – Civil Law – Obligations and Contracts – Prescription of Actions – Collection of Sum of Money – Period to Collect Debts – Prescriptive Period; Interruption vs Suspension Remedial Law – Civil Procedure – Manner of Pleading Allegations – […]
G.R. No. 192971 – 823 Phil. 200 – 850 SCRA 209 – Civil Law – Law on Property – Prescription of Actions – Right to Foreclose – Commencement of Prescriptive Period Remedial Law – Civil Procedure – Manner of Making Allegations – Ultimate Facts – Specific Denial On 14 May […]