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Conviction Is Proper Where There Was No Showing That Chain Of Custody Of The Seized Drugs Was Broken..

The Case:

Despite his defense of denial and frame-up, the RTC convicted Rustico of violation of Sec. 5 Article II of RA 9165, ruling that he prosecution successfully established the elements of illegal sale of dangerous drugs as accused- appellant was caught in flagrante delicto in a valid buy-bust operation.

On appeal, the CA affirmed the conviction. It ruled that the apprehending officers…

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#CASE DIGESTS #CHAIN OF CUSTODY #CHAIN OF CUSTODY IN RA 9165 #COMPLIANCE WITH SECTION 21 RA 9165 #CRIMINAL LAW #RA 9165

People vs. Yatar: Use Of DNA Evidence In A Conviction For Rape With Homicide...

People vs. Yatar: Use Of DNA Evidence In A Conviction For Rape With Homicide…

The Case:

Joel was convicted by the trial court for the rape and killing of Kathylyn Uba committed on June 30, 1998 at Liwan West, Rizal, Kalinga. Aside from testimonial evidence, subsequent DNA examination revealed that sperm specimen taken from the vagina of the victim was identical to Joel’s gene type. The case went up to the Courtt for automatic review. In his brief, Joel argues that the…

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#CASE DIGESTS #CONSTITUTIONAL LAW #CRIMINAL LAW #DNA EVIDENCE #EVIDENCE #REMEDIAL LAW #RIGHT AGAINST SELF INCRIMINATION #RIGHTS OF THE ACCUSED #UPDATES IN REMEDIAL LAW

The Rule on Declaration of Nullity of Void Marriages and Annulment of Marriages With Cases...

The Rule on Declaration of Nullity of Void Marriages and Annulment of Marriages With Cases…

Preliminary

If you are in the process of filing a petition for declaration of nullity of marriage or annulment of marriage or has an existing petition for such under any of the grounds enumerated under the Family Code, it might help to know the salient points on The Rule on Declaration of Nullity of Marriage and Voidable Marriages (A.M. No. 02-11-10-SC). Much as you trust your lawyer to do…

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#ANNULMENT OF MARRIAGE #ARTICLES #MARRIAGES #psychological incapacity #RULE ON DECLARATION OF NULLITY OF MARRIAGE

The Allowance Or Disallowance Of A Motion For Intervention Is Within The Sound Discretion Of The Court...

The Allowance Or Disallowance Of A Motion For Intervention Is Within The Sound Discretion Of The Court…

The Facts:

On August 10, 2010, elements of the Criminal Investigation and Detection Group intercepted a truck driven by Rolando Flores and Jhannery Hupa on suspicion that it contained stolen electric power transmission scrap copper wires owned by the Manila Electric Company (Meralco). Eventually, an Information for theft of electric power transmission lines and materials under RA 7832 were filed…

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#CASE DIGESTS #CIVIL PROCEDURE #INTERVENTION #REMEDIAL LAW #UPDATES IN REMEDIAL LAW

The Lawyer's Oath Is A Source Of The Obligations And Duties Of Every Lawyer. Any Violation Of The Oath May Be Punished With Either Disbarment, Or Suspension From The Practice Of Law, Or Other Commensurate Disciplinary Action...

The Lawyer’s Oath Is A Source Of The Obligations And Duties Of Every Lawyer. Any Violation Of The Oath May Be Punished With Either Disbarment, Or Suspension From The Practice Of Law, Or Other Commensurate Disciplinary Action…

The Case:

Because of several demand letters from the National Home Mortgage Finance Corporation regarding her unpaid obligations secured by a mortgage covering her property in Caloocan City, Carmelita, to forestall the foreclosure, authorised her children Verlita and Raymond to inquire from the NHFMC about the status of their loan. There, they learned that that their obligation had ballooned to…

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#CANON 1 CPR #CASE DIGESTS #CODE OF PROFESSIONAL RESPONSIBILITY #LEGAL ETHICS #RULE 1.01. CPR #SUSPENSION #UPDATES IN CRIMINAL PROCEDURE

Summary Judgment Is Not Proper Where The Defendant Presented Defenses Tendering Factual Issues Which Call For The Presentation Of Evidence...

Summary Judgment Is Not Proper Where The Defendant Presented Defenses Tendering Factual Issues Which Call For The Presentation Of Evidence…

The Case:

In a case for collection of sum of money filed by the Rural Bank of Tarlac against the spouses Augusto and Nora Navarro, involving a promissory note for the purchase of a vehicle, which was amortised by the spouses on a monthly basis, and which was surrendered by the spouses to the bank for failure to pay the subsequent installment payments, the bank filed a motion for summary judgment,…

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#CASE DIGESTS #CIVIL PROCEDURE #JUDGMENT #QUESTION OF FACT #QUESTION OF LAW #REMEDIAL LAW #RULE 45 #SUMMARY JUDGMENT #UPDATES IN REMEDIAL LAW

Where Service Is Obtained By Publication, The Entire Proceeding Should Be Closely Scrutinized By The Courts And A Strict Compliance With Every Condition Of Law Should Be Exacted...

Where Service Is Obtained By Publication, The Entire Proceeding Should Be Closely Scrutinized By The Courts And A Strict Compliance With Every Condition Of Law Should Be Exacted…

The Case:

Philip and Viveca Yu were married on November 18, 1984. Their marriage begot four children. In 1993, Viveca and her children left the conjugal home at Room 1603 Horizon Condominium, Meralco Avenue, Pasig, Metro Manila. Shen then filed a case for legal separation against Philipp for repeated physical violence, grossly abusive conduct, sexual infidelity and attempt on her life. Philip…

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#CASE DIGESTS #CIVIL PROCEDURE #FILING AND SERVICE OF PLEADINGS #psychological incapacity #REMEDIAL LAW #RULE ON DECLARATION OF NULLITY OF MARRIAGE #SERVICE OF SUMMONS #SUMMONS #SUMMONS BY PUBLICATION #UPDATES IN REMEDIAL LAW

Banks Hold Themselves Out to The Public As Experts In Determining The Genuineness Of Checks aAd Corresponding Signatures Thereon⁠...

Banks Hold Themselves Out to The Public As Experts In Determining The Genuineness Of Checks aAd Corresponding Signatures Thereon⁠…

The Case:

Narciso, proprietor of United Oil Petroleum, verbally agreed to purchase lubricants from Red Orange Trading, represented by Rudy Medel. Since Red Orange would only accept a Land Bank Manager’s check as payment, Narciso accompanied by Rudy opened Savings Account No. 0681-0681-80 at Landbank Araneta branch and deposited several checks which were to clear on January 2, 2006, He then…

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#BANKS #CASE DIGESTS #CIVIL LAW #COMMERCIAL LAW #GENERAL BANKING LAWS #LIABILITY OF BANKS #PROXIMATE CAUSE #TORTS AND DAMAGES

Youth And Maturity Are Generally Badges Of Truth And Sincerity...

Youth And Maturity Are Generally Badges Of Truth And Sincerity…

The Case:

AAA, a 6-year old girl, was laying with her cousins at their aunt’s house when they climbed the roof of the house. AAA cried because she could not go down hence Cerilo, the appellant, brought her down. He then carried her towards her house, where he raped AAA, who felt pain and cried. At nighttime, AAA ran away, and the next day complained to her mother of bodily ache and pain. …

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#CASE DIGESTS #CRIMINAL LAW #DENIAL #EVIDENCE #LEADING QUESTIONS #NEGATIVE DEFENSE #QUALIFIED RAPE #RA 8353 #RAPE #REMEDIAL LAW #RULE ON EXAMINATION OF CHILD WITNESS #TESTIMONIAL EVIDENCE #UPDATES IN REMEDIAL LAW

The Attribution Of Negligence To The counsel Does Not Automatically Shield The Client From Adverse Consequence Of Her Own Negligence And Relieve Her From The Unfavorable Result Of Such Lapse...

The Attribution Of Negligence To The counsel Does Not Automatically Shield The Client From Adverse Consequence Of Her Own Negligence And Relieve Her From The Unfavorable Result Of Such Lapse…

The Case:

Because the RTC ruled against her in a case for Recovery of Possession and Ownership with Damages she filed against respondents Costales, Isidro and Cerane, Patricia filed a Notice of Appeals of the RTC decision, elevating the case to the Court of Appeals. Pursuant to Section 7, Rule 44 of the Revised Rules of Court, the CA ordered petitioner to file her corresponding Appellant’s…

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#APPEAL #APPELLANT&039;S BRIEF #CASE DIGESTS #CIVIL PROCEDURE #DISMISSAL OF THE APPEAL #NEGLIGENCE OF COUNSEL #REMEDIAL LAW #RIGHT TO APPEAL #UPDATES IN REMEDIAL LAW

Mere Private Sexual Relations Between Two Unmarried And Consenting Adults, Even If The Relations Result In Pregnancy Or Miscarriage Out Of Wedlock And Without More, Are Not Enough To Warrant Liability For Illicit Behavior...

Mere Private Sexual Relations Between Two Unmarried And Consenting Adults, Even If The Relations Result In Pregnancy Or Miscarriage Out Of Wedlock And Without More, Are Not Enough To Warrant Liability For Illicit Behavior…

The Case:

Zaida was hired as Program Assistant and later Program Officer by the St. Vincent Foundation for Children and Aging, non-stock, non-profit foundation engaged in providing assistance to children and aging people and conducting weekly social and educational activities for them, and financially supported by Catholic Foundation For Children and Aging (CFCA), Catholic foundation dedicated…

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#CEDAW #CRIMINAL LAW #DISCRIMINATION #LABOR LAW #LABOR LAWS #LOSS OF TRUST AND CONFIDENCE #MANAGEMENT PREROGATIVE #PREMARITAL SEXUAL RELATIONS #TERMINATION DUE TO PREGNANCY

The Doctrine Of Exhaustion Of Administrative Remedies, Which Is "A Cornerstone Of Our Judicial system,"⁠ Impels The Court To Allow Administrative Agencies To Carry Out Their Functions And Discharge Their Responsibilities Within The Specialized Areas Of Their Respective Competencies...

The Doctrine Of Exhaustion Of Administrative Remedies, Which Is “A Cornerstone Of Our Judicial system,”⁠ Impels The Court To Allow Administrative Agencies To Carry Out Their Functions And Discharge Their Responsibilities Within The Specialized Areas Of Their Respective Competencies…

The Case:

Because he had no Civil Service Eligibility, Hambre’s appointment as Provincial Agrarian Reform Officer of the DAR in the Autonomous Region of Muslim Mindanao was only temporary. In 2005, his appointment was renewed. He requested a change of appointment from temporary to permanent, invoking the decision of the RTC In Special Civil Action No. 2005-085, involving the change of status of…

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#CASE DIGESTS #CIVIL SERVICE LAW #CIVIL SERVICE LAWS #EXHAUSTION OF ADMINISTRATIVE REMEDIES #MANDAMUS #REMEDIAL LAW #SPECIAL CIVIL ACTION #UPDATES IN REMEDIAL LAW

There Is No Distinction As To Whether The Transgression Is Committed In A Lawyer's Private Life Or in His Professional Capacity, For a Lawyer May Not Divide His Personality As An Attorney At One Time And A Mere Citizen At Another...

There Is No Distinction As To Whether The Transgression Is Committed In A Lawyer’s Private Life Or in His Professional Capacity, For a Lawyer May Not Divide His Personality As An Attorney At One Time And A Mere Citizen At Another…

The Case:

The case started with a judicial audit conducted on the sala of Judge Ildefonso Suerte of RTC Branch 60, Barili, Cebu. The audit revealed that Mary Ann filed two separate petitions for declaration of nullity of her marriage, one with Branch 60, and another with RTC Branch 56. In an En Banc resolution, the Court ordered the IBP to investigate Mary Ann for filing two petitions with…

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#CANON 12 CPR #CASE DIGESTS #CIVIL PROCEDURE #CODE OF PROFESSIONAL RESPONSIBILITY #FORUM SHOPPING #LEGAL ETHICS #REMEDIAL LAW #UPDATES IN LEGAL ETHICS #UPDATES IN REMEDIAL LAW

The SEC, As A Regulator, Has Broad Discretion To Act On Matters That Relate To Its Express Power Of Supervision Over All Corporations, Partnerships Or Associations Who Are The Grantees Of Primary Franchises And/Or A License Or Permit Issued By The Government...

The SEC, As A Regulator, Has Broad Discretion To Act On Matters That Relate To Its Express Power Of Supervision Over All Corporations, Partnerships Or Associations Who Are The Grantees Of Primary Franchises And/Or A License Or Permit Issued By The Government…

The Case:

The private respondents accused the petitioners, officers of the Capitol Hills Golf and Country Club Inc., of irregularities and anomalies amounting to fraud and misrepresentation, thus prompting them to file SEC Case No. 169 series of 2007, to compel the Securities and Exchange Commission to investigate the board and to order the constitution of a Management Committee to temporarily…

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#CASE DIGESTS #COMMERCIAL LAW #CORPORATION LAW #INTRA-CORPORATE CONTROVERSY #SECURITIES AND EXCHANGE COMMISSION #SECURITIES REGULATION CODE

Because Of Its Status As A Business Affected With Public Interest⁠, A Bank Is Expected To Exercise The Highest Degree Of Diligence In The Selection And Supervision Of Its Employees.⁠..

The Case:

As marketing officer of the Bacolod branch of Philippine Savings Bank, Manule was charged administratively in connection with the unauthorised access of a contractual employee using his user ID and password. In the course of the investigation, it was also found out that Manuel had a hand in the issuance of fraudulent bank Certifications using the account of the spouses Amado and Grace…

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#CASE DIGESTS #ILLEGAL DISMISSAL #LABOR LAW #LABOR LAWS #LOSS OF TRUST AND CONFIDENCE #MANAGEMENT PREROGATIVE #VALID DISMISSALS

He Who Comes To Court Must Come With Clean Hands...

He Who Comes To Court Must Come With Clean Hands…

The Case:

When her mother Chiong Tan Sy died, her will specifically mentioned properties she owned, but did not mention two lots which allegedly were sold by her to Ignacio, petitioner Bernarda’s elder brother. When Ignacio died, titles to the lots were transferred in respondents’ names. Thus, Bernarda filed a complaint to assail the validity of the deed of sale dated April 26, 1982 between her…

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#ALIEN OWNERSHIP OF PRIVATE LANDS #CASE DIGESTS #CIVIL LAW #CONSTITUTIONAL LAW #IN PARE DELICTO #IN PARE DELICTO RULE

An Ejectment Case Is Not Limited To Lease Agreements Or Deprivations Of Possession By Force, Intimidation, Threat, Strategy, Or Stealth. It Is As Well An Available Remedy Against One Who Withholds Possession After The Expiration Or Termination Of His Right Of Possession Under An Express Or Implied Contract, Such As A Contract To Sell...

An Ejectment Case Is Not Limited To Lease Agreements Or Deprivations Of Possession By Force, Intimidation, Threat, Strategy, Or Stealth. It Is As Well An Available Remedy Against One Who Withholds Possession After The Expiration Or Termination Of His Right Of Possession Under An Express Or Implied Contract, Such As A Contract To Sell…

The Case:

Philippine Rabbit Bus Lines (respondent) is the former owner of two lots covered by TCT Nos 21895 and 21896, which it lost to Union Bank of the Philippines; nevertheless it continued to occupy the property. The parties thereafter executed a Contract to Sell where Philippine Rabbit obligated itself to pay the bank P12,208,633.57, payable within seven years in quarterly installments…

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#CASE DIGESTS #CIVIL LAW #CIVIL PROCEDURE #CONTRACT TO SELL #DEMAND #DEMAND TO PAY AND TO VACATE #EJECTMENT #JURISDICTION #REMEDIAL LAW #UNLAWFUL DETAINER #UPDATES IN REMEDIAL LAW

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