Tuesday, January 21, 2020

Judicial legislation - "Verily, the primordial duty of the Court is merely to apply the law in such a way that it shall not usurp legislative powers by judicial legislation and that in the course of such application or construction, it should not make or supervise legislation, or under the guise of interpretation, modify, revise, amend, distort, remodel, or rewrite the law, or give the law a construction which is repugnant to its terms.38 The Court should apply the law in a manner that would give effect to their letter and spirit, especially when the law is clear as to its intent and purpose. Succinctly put, the Court should shy away from encroaching upon the primary function of a co-equal branch of the Government; otherwise, this would lead to an inexcusable breach of the doctrine of separation of powers by means of judicial legislation."

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20180016_estafa.html G.R. No. 180016 ...

Credibility of the prosecution's sole witness

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20180016_estafa.html G.R. No. 180016 ...

Demand in estafa cases - "Demand need not even be formal; it may be verbal."

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20180016_estafa.html G.R. No. 180016 ...

Estafa - "The elements of estafa with abuse of confidence are as follows: (a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) that there is a demand made by the offended party on the offender"

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20180016_estafa.html G.R. No. 180016 ...

Machine copies of documentary evidence - "The established doctrine is that when a party failed to interpose a timely objection to evidence at the time they were offered in evidence, such objection shall be considered as waived."

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20180016_estafa.html G.R. No. 180016 ...

Recovery of Tax Erroneously or Illegally Collected.

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20179260.html G.R. No. 179260 ...

Section 32. PD 1529, Property Registration Code. - Review of decree of registration; Innocent purchaser for value. - RTC jurisdiction and venue.

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See - file:///C:/Users/Asus/Documents/SAVE%20HERE/5_TO%20BLOG/1.2_HTML_APRIL%202015/G.R.%20No.%20179155.html#rnt25 G.R. No. 179155 ...
Wednesday, January 8, 2020

Whether or not the signature on the document of consent had been forged.

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MANUEL O. FUENTES and LETICIA L. FUENTES, Petitioners, vs. CONRADO G. ROCA, ANNABELLE R. JOSON, ROSE MARIE R. CRISTOBAL and PILAR MALCAMPO...

Residence Visa for spouse of a Filipino citizen

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See - https://www.philippine-embassy.org.sg/consular/visa/residence-visa-for-spouse-of-a-filipino-citizen/ "x x x. Residence Visa...

Marital consent in property relations - "Article 124 of the Family Code requires that any disposition or encumbrance of conjugal property must have the written consent of the other spouse; otherwise, such disposition is void. Further, under Article 89 of the Family Code, no waiver of rights, interests, shares, and effects of the conjugal partnership of gains during the marriage can be made except in case of judicial separation of property."

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See - https://www.manilatimes.net/2018/09/27/legal-advice/dearpao/spouses-consent-needed-in-disposition-of-property/445664/ "x x x...

How to Transfer Land Titles

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See - https://www.lamudi.com.ph/journal/how-to-transfer-land-titles-in-the-philippines/ "x x x. Here’s How to Transfer Land Title...

Wire tapping, RA 4200 -"Absent a clear showing that both parties to the telephone conversations allowed the recording of the same, the inadmissibility of the subject tapes is mandatory under Rep. Act No. 4200. "

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TERESITA SALCEDO-ORTANEZ, petitioner, vs. COURT OF APPEALS, HON. ROMEO F. ZAMORA, Presiding Judge, Br. 94, Regional Trial Court of Quezon Ci...

Certiorari under Rule 65 - "Where the assailed interlocutory order is patently erroneous and the remedy of appeal would not afford adequate and expeditious relief, the Court may allow certiorari as a mode of redress."

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TERESITA SALCEDO-ORTANEZ, petitioner, vs. COURT OF APPEALS, HON. ROMEO F. ZAMORA, Presiding Judge, Br. 94, Regional Trial Court of Quezon C...

Dispute resolution in the Philippines. - What are the time limits for bringing civil claims? - Construction arbitration.

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See - https://www.lexology.com/library/detail.aspx?g=992f5031-18ef-47d7-8741-8be25fc388c6&utm_source=Lexology+Daily+Newsfeed&utm_m...