Author: pinayjurist

I am an aspiring lawyer and a civil servant. I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Criminal Law —

People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

November 16, 2017

FACTS: About 9 o’clock in the evening of November 21, 1945, there was a fistic fight between Federico Bautista and Vicente Aurencio at the corner of Mayhaligue and Magdalena Streets, City of Manila. Desiring to stop the encounter, defendant shouted at the combatants. As these paid him no attention, he drew a .45 caliber pistol… Read More People of the Philippines vs. Bienvenido Nocum G.R. No. L-482 February 25, 1947 Homicide, Reckless Imprudence

— Criminal Law —

People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

November 10, 2017

FACTS: Due to marital differences, Manolito and Tita separated, with Manolito keeping custody of their two (2) children. Tita rented a room at the second floor of the house of Edgardo Lladas Despite their separation, Manolito tried to win Tita back and exerted all efforts towards reconciliation. However, Tita was very reluctant to reconcile with Manolito. In… Read More People of the Philippines vs. Manolito Oyanib y Mendoza G.R. Nos. 130634-35 March 12, 2001 Absolutory Cause, Article 247 RPC

— Constitutional Law —

Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

November 10, 2017

FACTS:  The two petitions, filed by their respective petitioners in their capacities as concerned citizens and taxpayers, prayed for the nullification of House Resolution No. 1109 entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All… Read More Lozano vs. Nograles G.R. No. 187883 June 16, 2009 Judiciary, Locus Standi, Judicial Review

— Constitutional Law —

VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

November 10, 2017

FACTS: SJS, a registered political party, sought the interpretation of several constitutional provisions, specifically on the separation of church and state; and a declaratory judgment on the constitutionality of the acts of religious leaders endorsing a candidate for an elective office, or urging or requiring the members of their flock to vote for a specified… Read More VELARDE vs. SOCIAL JUSTICE SOCIETY G.R. No. 159357. April 28, 2004 Judiciary, Justiciable Controversy, Grave Abuse of Discretion

— Taxation —

Ericsson Telecom vs. Pasig G.R. NO. 176667 November 22, 2007 City Power of Local Taxation

November 10, 2017

FACTS: Ericsson Telecommunications, Inc. (petitioner), a corporation with principal office in Pasig City (respondent), is engaged in the design, engineering, and marketing of telecommunication facilities/system.  In an Assessment Notice dated October 25, 2000 issued by the City Treasurer of Pasig City, petitioner was assessed a business tax deficiency for the years 1998 and 1999 amounting… Read More Ericsson Telecom vs. Pasig G.R. NO. 176667 November 22, 2007 City Power of Local Taxation

— Constitutional Law —

Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

November 10, 2017

  FACTS: The Republic of the Philippines and the then British Crown Colony of Hong Kong signed an “Agreement for the Surrender of Accused and Convicted Persons” that took effect on June 20, 1997. Private respondent Muñoz was charged before the Hong Kong Court with three (3) counts of the offense of “accepting an advantage… Read More Government of Hong Kong SAR vs. Judge Olalia GR 153675 April 19, 2007 Extradition

— Taxation —

Quezon City vs. Bayantel G.R. No. 162015 March 6, 2006 Local Taxation

November 9, 2017

FACTS: BAYANTEL is a legislative franchise holder under RA 3259 to establish and operate radio stations for domestic telecommunications, radiophone, broadcasting and telecasting. On January 1, 2992, RA 7160 of the “Local Government Code of 1991” took effect. Section 232 of the Code grants local government units within the Metro Manila area the power to… Read More Quezon City vs. Bayantel G.R. No. 162015 March 6, 2006 Local Taxation

— Civil Law —

Republic vs. Estonillo G.R. No. 157306 November 25, 2005 Public Land Act

November 9, 2017

  FACTS: This case originated from an application for registration of a parcel of land known as Lot No. 4318 of the cadastral survey of Cagayan de Oro consisting [of] an area of 357,866 sq. meters, filed by [the] original [a]pplicant, Nazaria Bombeo with the defunct CFI of Misamis Oriental on July 22, 1954.  In… Read More Republic vs. Estonillo G.R. No. 157306 November 25, 2005 Public Land Act

— Civil Law, Constitutional Law —

Matthews vs. Taylor G.R. No. 164584 June 22, 2009

November 9, 2017

FACTS: On June 30, 1988, Benjamin Taylor (Benjamin), a British subject, married Joselyn Taylor , a 17-year old Filipina.  On June 9, 1989, while their marriage was subsisting, Joselyn bought a 1,294 square-meter lot in Boracay, for and in consideration of P129,000.00.  The sale was allegedly financed by Benjamin.  They constructed improvements thereon and eventually… Read More Matthews vs. Taylor G.R. No. 164584 June 22, 2009

— Criminal Law —

PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW

November 9, 2017

PENALTIES UNDER THE REVISED PENAL CODE (and the Indeterminate Sentence Law and the Probation Law) by: ATTY. JAY NAKAO Silliman University   READ ARTICLES 21 TO 88 BUT SKIP ARTICLE 48 – include RA 9346, Indeterminate Sentence Law, Probation Law   1.           People vs. De la Cruz, No. L-45485, September 19, 1978, 85 SCRA 285… Read More PENALTIES UNDER THE RPC, INDETERMINATE SENTENCE LAW and the PROBATION LAW