Case Digest - Remedial Law, deposition, evidence

Alvarez vs. Ramirez GRN 143439 Sandoval – Gutierrez, J.; FACTS: Petition for review on certiorari assailing the decision of the CA for allowing the testimony of petitioner’s wife in a criminal proceeding where petitioner was accused for ransom. Private prosecutor in the said criminal case called the petitioner’s wife without objection from petitioner’s counsel. Wife testified that it was her estranged husband who poured and set the house of her sister on fire. A motion to disqualify...

Case Digest - Civil Law, Torts

TORTS Sarkies Tours vs. CA, Fortades et al. GRN 108897 October 2, 1997 Romero, J.; FACTS: Private respondent Fortades boarded Sarkies Bus No. 5 with 3 luggages containing important things including documents. All were kept in the baggage compartment of the bus but during stopover, only one bag was recovered by Fortades and a case to recover the value of the other bags as well as moral and exemplary damages for litigation. Lower court decided favorably to Fortades...

Case Digest - Taxation Law

International Exchange Bank vs. CIRGRN 171266/520 SCRA 688 April 4, 2007Carpio-Morales; J.;FACTS: An examination of book of accounts of the bank resulted to an assessment of tax liabilities of the latter amounting to P465,158,118.31 for 1996 and P17,033,311,974.23 for 1997. Details of PAN included: Savings-Deposit-ESO amounting to P9,845,800.27 should be treated as time deposits considering that its features are very much the same as time deposits... subject to DST. CTA ordered payment of DST on...

Our Father - Church Song

In light of the present disasters that our neighbor Indonesia is going through, I am prompted to write my entry for tonight. Looking at the images of what has happened in Indonesia lately, I can't help but recall he same disasters that struck our country almost 2 decades ago. There was an earthquake then the eruption of Mt. Pinatubo. It was really devastating!My heart and prayers go to our neighboring country, Indonesia. Somehow, I can't explain how sad it must be to lose someone, or even something,...

Case Digest - Remedial Law, Amendments

Valenzuela vs. CA GRN 131175 August 28, 2001 Buena, J.; FACTS: Private respondent de Guia spouses filed a complaint for specific performance against herein petitioner for the latter to execute a deed of sale in favor of the former. Valenzuela had sold the property to Quiason spouses thus, de Guia amended the complaint impleading the Quiason as defendant including other parties who may have acquired rights or interest in said property. RTC denied for its inclusion thus this petition...

Case Digest - Remedial Law, Res Judicata

Vda de Caruzo vs. Carriaga Jr. GRN 75109-10 June 28, 1989 Regalado, J.; FACTS: Petitioners are children of Gabina Machoca. The latter had her land mortgaged to Ang for 425 pesos. An additional sum of P175 was again barrowed, total amount borrowed was P600. Gabina noticed that the instrument was a contract of sale and demanded a reformation from Ang. The latter prepared a deed of agreement stipulating among others that Ang obligates himself to resell the property...

Case Digest - Remedial Law, Parol Evidence

Lechugas vs. CA GRN L-39972 & L-40300 August 6, 1986 FACTS: Petitioner filed an unlawful entry case against private respondent “the Loza’s”. Another case was filed for recovery and possession of the same property and both cases was tried jointly. Petitioner testified that she bought the land from Lasangue in 1950. Private respondent contended that the same land in question was bought by their father from the father of petitioner in 1941. Plaintiff’s vendor testified for the defendant...

Case Digest - Political Law

Nollen vs. COMELEC/Caballes GRN 187635 January 11, 2010 Velasco, J.; FACTS: Petitioners Nollen and private respondents Caballes were candidates for Punong barangay in the October 2007 barangay elections. Nollen was declared punong barangay-elect. Caballes protested and MTC declared Caballes the punong barangay elect for having 5 votes more than Nollen. The latter filed an appeal to MTC and paid P1,000 and records were elevated to COMELEC where its first decision dismissed the case...

Case Digest - Election Law

Martinez III vs. HRET/Salimbangon GEN 189034 January 11, 2010 Villarama; J.; FACTS: This is a petition for certiorari under Rule 65. Petitioner filed an election protest to HRET against private respondent, the latter being declared as the representative – elect of Cebu after the May 2007 elections. One Edelito C. Martinez, who had the same last name as that of petitioner was declared nuisance candidate long after the May 2007 elections was over. His name, therefore was not removed...

Case Digest - Remedial Law, Crim Pro

Marbella – Bobis vs. Bobis GRN 138509 July 31, 2000 336 SCRA 747 Ynares –Santiago, J.: FACTS: Respondent contracted his second marriage to petitioners notwithstanding the subsistence of a previous marriage. A third marriage was allegedly contracted by respondent thus petitioner filed for a bigamy case. Thereafter, respondent filed an action for the absolute nullity of his first marriage on the ground that it was celebrated without a marriage license. ISSUE: ...

Case Digest - Civil Law, Property

Republic of the Philippines vs. CA/Morato GRN 100709 November 14,1997 Panganiban, J.; FACTS: In December 1972, respondent Morato filed a free patent application on a parcel of land which was granted but with the condition that the land shall not be alienated or encumbered within five years from the date of issuance of the patent. Respondent mortgaged a portion of property in 1974 and another portion was based to another party whereby a house and warehouse were respectively...

Reach for the Sky - Sarah Geronimo

Music sometimes makes us cry, smile or even groove. For me, the real essence of music is to give strength and inspiration to many people. Music also is to give strength and to listen to. I know we have our own personality, interests, goals, likes and dislike in life but I do believe that when it comes to music, we Filipinos unite for the reason that most of us really love music because we can related and reflect with it, in relations to our life experiences.Since I was seven or eight years old,...

Dance With my Father - Luther Vandross

Another blogger by the name of Angel wrote to me her favorite song for now and why does she like this song. Below is the story:===========It's really hard to lose someone special, someone you truly love. It causes so much pain, endless nights of crying and the feeling of emptiness within. It seems that your world stops rotating. It seems that you can't live our life anymore. I felt all these things when my father died almost a year ago. That's the most painful moment that happened to me and...

The Climb - Miley Cyrus

Here is an entry from one of my few guest bloggers. I was informed that this is currently her favorite song and I took the liberty of sharing it with you, together with its lyrics at the end of this entry. I love this because for me, this song is relatively new, relatively modern and relatively timely.Here is the story:==================I’ve always been a dreamer. Ever since I was a child, I always dreamed of becoming a successful person as I grow older; not only on my chosen career, but in every...

Case Digest - Civil Law, Land Titles

Republic of the Philippines vs. CA/Bayona/Sepe et al GRN 101115 August 22, 2002 Austria – Martinez, J.: FACTS: A lot title was issued to Abundia Romero in 1944 and that the OCT issued to her was not signed but merely indicated (SGD) Raf. R. Alunan. Private respondents Sepe are the heirs of Abundia and Bayona was a purchaser of the lot. Government petitioner filed for the annulment and revision of the lot based on the discrepancies cited. RTC dismissed the complaint....

Case Digest - Labor Law, Certification Election

Yokohama Tire vs. Yokohama EU GRN 163532 March 10,2010 Carpio, J.: FACTS: Yokohama Employees Union is the labor organization of the rank-and file employees of petition. YEU was registered as legitimate labor union on 10 Sept 1999. Respondent filed before Regional Office a petition for certification election. Petitioner filed a petition for revocation of YEU’s registration when YEU fraudulently included the signature of Pineda in the organizational documents; Pineda...

Case Digest - Labor Law

William Uy Construction vs. Trinidad GRN 183250 March 10, 2010 Abad, J.; FACTS: Trinidad had been working as a driver which identified him as a project employee Company terminated him from work after it shut down operations because of lack of projects. He learned later that although it opened up a project in Batangas, it did not hire him. He filed a complaint for illegal dismissal and unpaid benefits. Labor Arbiter and NLRC dismissed the complaint while CA reversed...

Case Digest - Election Law, Local Government

Griño vs. COMELEC G.R. No. 105120 September 2, 1992 FACTS: Griño and his LDP political party filed a certiorari case against COMELEC in relation to the May 11, 1992 election. Griño is a candidate for Governor of Iloilo where the sub-province of Guimaras is located. LGC of 1991 took effect requiring the conversion of existing sub-provinces into regular provinces, and Guimaras is one such sub-provinces, upon approval by majority of votes cast in a plebiscite. The plebiscite...

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