Monday, November 29, 2021

LEGAL CAPACITY TO INHERIT. -

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"Xxx.  Xxx. Under the law, specifically Article 1025 of Republic Act 386, otherwise known as the New Civil Code of the Philippines, the...
Wednesday, November 17, 2021

Petition to Deny Due Course or Cancel a Certificate of Candidacy

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"A Brief Primer on Petitions to Deny Due Course or Cancel a Certificate of Candidacy in Philippine Elections By: Nicolas & De Vega...
Tuesday, November 9, 2021

Further, this Court has ruled that "it is not necessary that the person in charge of the defendant's regular place of business be specifically authorized to receive the SUMMONS. It is enough that he appears to be in charge." In this case, Canave, a secretary whose job description necessarily includes receiving documents and other correspondence, would have the semblance of authority to accept the court documents.

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"Xxx.The Issue Presented The sole issue presented in this case is whether the CA correctly ruled that summons had not been properly se...

Murder, as defined under Article 248 of the Revised Penal Code is the unlawful killing of a person which is not parricide or infanticide, provided that treachery or evident premeditation, inter alia, attended the killing.

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"Xxx. Crime committed and proper penalty While the Decision of the trial court recognized the guilt of the petitioners for the offense...

Treachery and evident premeditation.

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"Xxx. Prosecution's evidence sufficiently established the presence of treachery and evident premeditation. Treachery qualifies the...

For alibi to prevail, the established doctrine is that the accused must prove not only that he was at some other place at the time of the commission of the crime but also that it was physically impossible for him to be at the locus criminis or within its immediate vicinity.

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"Xxx. Defense of alibi and denial was correctly rejected. For alibi to prevail, the established doctrine is that the accused must prov...

Evaluation of the witnesses' credibility is a matter best left to the trial court.

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"xxx. Evaluation of the witnesses' credibility is a matter best left to the trial court. Indubitably, the credibility of the testi...

Plea of guilty to lesser offense. - At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary.

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"Xxx. Preliminarily, petitioners are challenging, on procedural standpoint, the manner in which the proceeding in Criminal Case No. DU...

As an exception, however, the testimony of a co-conspirator, even if uncorroborated, will be considered sufficient if given in a straightforward manner and contains details which could not have been the result of deliberate afterthought

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"Xxx. The testimony of a co-conspirator is not sufficient for the conviction of the accused unless such testimony is supported by othe...

In the causes of action which survive, the wrong complained [of] affects primarily and principally property and property rights, the injuries to the person being merely incidental, while in the causes of action which do not survive, the injury complained of is to the person, the property and rights of property affected being incidental.

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"Xxx. The Petition for Annulment of Sale, Reconveyance and Damages survived the death of petitioner The criterion for determining whet...
Wednesday, November 3, 2021

The crime committed by petitioner (violation of Section 3 [h] of R.A. 3019) did not involve moral turpitude.

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"Xxx. Hence, it behooves the Court to resolve the issue of whether or not petitioner’s violation of Section 3(h), R.A. No. 3019 involv...

Administrative liability is separate and distinct from penal or criminal liability.

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"Xxx. Finally, Salvador argues that her conviction and eventual discharge from probation presents another administrative case to be fi...

Moral turpitude

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"xxx. Moral turpitude has been defined aseverything which is done contrary to justice, modesty, or good morals; anact of baseness, vil...

The respondent's conviction for libel shows his propensity to speak ill of others.

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"xxx. The evidence of record supports the findings of the investigating judge. It is a fact that the respondent was convicted of libel...
Thursday, October 28, 2021

The petitioners' accusations on the charge of INDIRECT CONTEMPT fail to persuade.

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"xxx. Chairman Brillantes is not liable for indirect contempt. Finally, the Court does not agree with the petitioners' claim that ...

The petition has ceased to become a JUSTICIABLE CONTROVERSY and has become MOOT AND ACADEMIC.

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"xxx. Petitioners are not entitled to the Writ of Mandamus to compel COMELEC to once again open up the source code review for the upco...