Category: Remedial Law

— 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

— Remedial Law —

JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

October 6, 2017

FACTS: An Information for Estafa against the petitioner was filed with the RTC. The RTC convicted the petitioner as charged. Fourteen (14) days later, the petitioner filed a motion for new trial with the RTC, alleging that she discovered new and material evidence that would exculpate her of the crime for which she was convicted.… Read More JUDITH YU vs. HON. ROSA SAMSON-TATAD and the PEOPLE OF THE PHILIPPINES G.R. No. 170979 February 9, 2011 fresh period rule, appeal

— Remedial Law —

NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

October 6, 2017

   FACTS: Petitioners Neypes, et al. filed an action for annulment of judgment and titles of land and/or reconveyance and/or reversion with preliminary injunction against the Bureau of Forest Development, Bureau of Lands, Land Bank of the Philippines and the heirs of Bernardo del Mundo.   The trial court dismissed petitioners complaint on the ground… Read More NEYPES vs. CA G.R. No. 141524 September 14, 2005 appeal, BP 129, Rule 41, Rules of Court

— Criminal Law, Remedial Law —

COLMENARES, v. VILLAR G.R. No. L-27124. May 29, 1970 illegal possession of firearms, malum prohibitum, venue

October 6, 2017

FACTS:   Petitioner Colmenares was charged for illegal possession of firearms. He thereafter filed a motion to quash the complaint on the ground of lack of jurisdiction. It was claimed that venue was improperly laid, because the firearms mentioned in the complaint were taken from the possession of the accused in the municipality of La… Read More COLMENARES, v. VILLAR G.R. No. L-27124. May 29, 1970 illegal possession of firearms, malum prohibitum, venue

— Remedial Law —

MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

October 5, 2017

FACTS: In response to reports of bomb threats, Rodolfo Yu, was on foot patrol with other police officers at Plaza Miranda. They chanced upon two groups of Muslim-looking men near the Mercury Drug Store. These men were acting suspiciously with their eyes moving very fast. Yu and his companions observed both groups for about thirty… Read More MALACAT y MANDAR v. CA and PEOPLE OF THE PHILIPPINES G.R. No. 123595. December 12, 1997 warrantless arrests, warrantless search, bill of rights, illegal possession of explosives

— Criminal Law, Mercantile Law, Remedial Law —

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

October 5, 2017

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

— Remedial Law —

EVIDENCE CASE DIGESTS SENATOR ESTRADA v. OFFICE OF THE OMBUDSMAN G.R. Nos. 212140-41, 21 January 2015 Quantum of proof necessary in preliminary investigations Prof. Ramon S. Esguerra

October 2, 2017

    Facts:                         Sometime in November and December 2013, the Ombudsman served on Sen. Estrada two (2) criminal complaints for plunder, among others. Eighteen (18) of Sen. Estrada’s co-respondents in the two complaints filed their counter-affidavits between 9 December 2013 and 14 March 2014. On 20 March 2014, Sen. Estrada filed his “Request… Read More EVIDENCE CASE DIGESTS SENATOR ESTRADA v. OFFICE OF THE OMBUDSMAN G.R. Nos. 212140-41, 21 January 2015 Quantum of proof necessary in preliminary investigations Prof. Ramon S. Esguerra

— Remedial Law —

EVIDENCE CASE DIGESTS JANUARY TO JUNE 2015 Prof. Ramon S. Esguerra GEPULLE-GARBO v. SPOUSES GARABATO G.R. No. 200013, 14 January 2015

October 2, 2017

Probative value of expert witness’ testimony   Facts: This case pertains to a Deed of Sale over a parcel land in Pasay City, originally owned by Spouses Eduviges and Nick Garbo. In March 1977, Eduviges, with the supposed consent and signature of Nick, sold said lot to their daughter, Florence. Florence registered the property in… Read More EVIDENCE CASE DIGESTS JANUARY TO JUNE 2015 Prof. Ramon S. Esguerra GEPULLE-GARBO v. SPOUSES GARABATO G.R. No. 200013, 14 January 2015