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.
— Political Law —

LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

October 6, 2017

FACTS: Petitioner and private respondent were among the candidates for Representative of the first district of Pampanga. Petitioner was proclaimed as Congressman-elect and assumed office. Later, the COMELEC declared petitioner’s proclamation void ab initio. Petitioner challenged the COMELEC resolution before this Court. The Court set aside the COMELEC’s revocation of petitioner’s proclamation. On February 8,… Read More LAZATIN vs. HRET and LORENZO G. TIMBOL G.R. No. 84297 December 8, 1988 Election, Electoral tribunal

— Civil Law —

SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

October 6, 2017

 SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 182148 June 8, 2011 GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 FACTS:  Sime Darby leased a billboard owned by Macgraphics for a term of four years. Subsequently, Sime Darby executed a Memorandum… Read More SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

— Remedial Law —

People of the Philippines vs. Rufino Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

October 6, 2017

  FACTS: The instant case involved a charge of rape. The accused Rufino Umanito was found by the RTC guilty beyond reasonable doubt of the crime of rape. The alleged 1989 rape of the private complainant, AAA, had resulted in her pregnancy and the birth of a child hereinafter identified as “BBB.”  In view of that fact, as… Read More People of the Philippines vs. Rufino Umanito  G.R. No. 172607 April 16, 2009 DNA Evidence, Disputable presumption

— Taxation —

SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

October 6, 2017

FACTS: Petitioner, registered owners of real properties in Marikina City, with consent of his wife, conveyed by deed of assignment, the properties to the Saints and Angels Realty Corp. (SARC), by virtue of incorporations, in exchange for shares  of stock therein with a par value of P2,000,000.0, placed in San Juan’s name and the remaining… Read More SAN JUAN vs CASTRO G.R. No. 174617 December 27, 2007 assessment, Local Government Code, Protest of Assessment, Tax Remedies

— Taxation —

AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

October 6, 2017

FACTS:   This case involves two petitions for review on certiorari involving the decisions declaring valid the auction sales of two real properties by the Quezon City Local Gov’t for failure to pay real property taxes. The first case deals with a lot formerly owned by petitioners Aquino. Petitioners withheld payment of the real property… Read More AQUINO VS QUEZON CITY G.R. No. 137534 March 3, 2006 Tax Delinquency, Notice of Delinquency, Real Property Tax

— Political Law, Taxation —

Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

October 6, 2017

FACTS:  Petitioner PPI and respondent Fertiphil are private corporations incorporated under Philippinelaws, both engaged in the importation and distribution of fertilizers, pesticides and agriculturalchemicals.Marcos issued Letter of Instruction (LOI) 1465, imposing a capital recovery component of Php10.00 perbag of fertilizer. The levy was to continue until adequate capital was raised to make PPI financiallyviable. Fertiphil remitted… Read More Planters Products Inc vs Fertiphil Corp G.R. No. 166006 March 14, 2008 “Lawful Subjects” and“Lawful Means”, Legal Standing, Police Power

— Civil Law —

Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

October 6, 2017

FACTS: Petition for certiorari to have the order of respondent judge ordering petitioner to produce the child, Maria Teresa Unson, his daughter barely eight years of age, with private respondent Edita N. Araneta and return her to the custody of the later, further obliging petitioner to “continue his support of said daughter by providing for… Read More Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

— Civil Law —

JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

October 6, 2017

FACTS: In the afternoon of 9 May 1983, CRISELDA and ZHIENETH were at the 2nd floor of Syvel’s Department Store,which is owned by petitioner Jarco Mktg. Corp. CRISELDA was signing her credit card slip at the payment and verification counter when she felt a sudden gust of wind and heard a loud thud. She looked… Read More JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

— Civil Law, Mercantile Law —

ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

October 6, 2017

FACTS:  The defendant company, a general partnership duly registered under the laws of the Philippines, purchased from the plaintiff a motor vehicle on the installment basis and for this purpose executed a promissory note for P9,440.00, payable in twelve equal monthly installments of P786.63, the first installment payable on or before May 22, 1961 and… Read More ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

— Civil Law, Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

October 6, 2017

FACTS:   Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance