The following are cases which explain the Doctrine of Stare Decisis PESCA vs. PESCA G.R. No. 136921. April 17, 2001 The “doctrine of stare decisis,” ordained in Article 8 of the Civil Code, expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines. The rule… Read More Doctrine of Stare Decisis
The following are cases which explain the Distinctions between Rule 45 and 65 GO vs. CA G.R. No. 128954. October 8, 1998 Where the trial court abuses its discretion by indefinitely suspending summary proceedings involving ejectment cases, a petition for certiorari may be entertained by the proper court to correct the blunder. In the… Read More Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void
FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts
The following are cases which illustrate the Real Property Tax Exemption LUNG CENTER vs. QUEZON CITY G.R. No. 144104. June 29, 2004 Under P.D. No. 1823, the petitioner is a non-profit and non-stock corporation which, subject to the provisions of the decree, is to be administered by the Office of the President of the… Read More Real Property Tax Exemption
The following are jurisprudence on Warrantless Searches and Seizures PEOPLE vs. SARAP G.R. No. 132165 A search may be conducted by law enforcers only on the strength of a warrant validly issued by a judge as provided in Article III, Section 2 of the Constitution. Articles which are the product of unreasonable searches and seizures… Read More Warrantless Searches and Seizures
FACTS: Petitioner Bank of America NT & SA (BANTSA) is an international banking and financing institution duly licensed to do business in the Philippines, organized and existing under and by virtue of the laws of the State of California, USA, while private respondent American Realty Corporation (ARC) is a domestic corporation. Bank of America International… Read More Doctrine of Processual Presumption BANK OF AMERICA vs. AMERICAN REALTY CORP. & CA G.R. No. 133876. December 29, 1999
An illustration of the Retroactive effect of penal laws Article 22, Revised Penal Code. Retroactive effect of penal laws.- Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5, Article 62 of this Code,… Read More Retroactive effect of penal laws
FACTS: Respondent contracted a first marriage with one Maria Dulce B. Javier. Without said marriage having been annulled, nullified or terminated, the same respondent contracted a second marriage with petitioner Imelda Marbella-Bobis, and allegedly a third marriage with a certain Julia Sally Hernandez. Based on petitioners complaint-affidavit, an information for bigamy was filed against respondent.… Read More Bopis vs. Bopis G.R. No. 138509. July 31, 2000 Prejudicial Question
FACTS: Plaintiff, a civil engineer, was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes on March 30, 1958. The defendant, Air France, through its authorized agent, Philippine Air Lines, Inc., issued to plaintiff a ‘first class’ round trip airplane ticket from Manila to Rome. From Manila to Bangkok, plaintiff… Read More AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith
FACTS: Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate[In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH)… Read More Republic vs. Cagandahan G.R. No. 166676 September 12, 2008