Tuesday, December 28, 2021

Under the rules of succession, the heirs instantaneously became co-owners of the Marcos properties upon the death of the President. The property rights and obligations to the extent of the value of the inheritance of a person are transmitted to another through the decedent's death. In this concept, nothing prevents the heirs from exercising their right to transfer or dispose of the properties that constitute their legitimes, even absent their declaration or absent the partition or the distribution of the estate.

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"Xxx.   The Marcos siblings are compulsory heirs. To reiterate, in its third Amended Complaint, petitioner prays that the Marcos respon...

Petitioner failed to observe the best evidence rule.

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"Xxx. Petitioner failed to observe the best evidence rule. It is petitioner's burden to prove the allegations in its Complaint. Fo...

Complaint for REVERSION, RECONVEYANCE , RESTITUTION , ACCOUNTING and DAMAGES against Ferdinand E. Marcos, who was later substituted by his ESTATE upon his death; IMELDA R. Marcos; and herein respondents IMEE Marcos-Manotoc, IRENE Marcos-Araneta, BONGBONG Marcos, Tomas Manotoc, and Gregorio Araneta III. The case involved P200 BILLION of the Marcoses' alleged accumulated ILL-GOTTEN WEALTH

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SUMMARY: On 16 July 1987, the PCGG, acting on behalf of the Republic and assisted by the Office of the Solicitor General (OSG), filed a Co...
Thursday, December 23, 2021

THE ILL-GOTTEN MALACAÑANG JEWELRY COLLECTION OF THE MARCOSES

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SUMMARY: Whenever any public officer or employee has acquired during his incumbency an amount of property which is MANIFESTLY OUT OF PROPOR...
Wednesday, December 15, 2021

Sovereign immunity

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"Xxx. Finally, we take note of the Decision rendered by the Appellate Division of the New York Supreme Court on 26 June 2012. In Sweze...

Jurisdiction in relation to action "in personam" vs. action "in rem"

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"Xxx. Petitioner Ferdinand Marcos, Jr. acknowledges that "the subject matter of the case (i.e. the power/authority to determine w...

A separate judgment is allowed by the Rules of Court under Section 5 of Rule 36

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"Xxx. The Swiss Deposits Decision, G.R. No. 152154, dealt only with the summary judgment as to the five Swiss accounts, because the 20...
Tuesday, December 14, 2021

A 2014 Supreme Court resolution on the Marcos ill-gotten wealth

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In the resolution of Supreme Court in the consolidated cases of (1) "FERDINAND R. MARCOS, JR., Petitioner, vs. REPUBLIC OF THE PHILIPP...
Thursday, December 9, 2021

GRAVE ABUSE OF DISCRETION implies a capricious and whimsical exercise of judgment tantamount to lack of jurisdiction. The Ombudsman's exercise of power must have been done in an arbitrary or despotic manner - which must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform the duty enjoined or to act at all in contemplation of law - in order to exceptionally warrant judicial intervention.

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"Xxx. In closing, the Court refers to Dichaves v . Office of the Ombudsman,51 viz: As a general rule, this Court does not interfere wi...

Rape of minors - "[R.A. No.] 8353 amending the RPC should now be uniformly applied in cases involving sexual intercourse committed against minors, and not Section 5 (b) of [R.A. No.] 7610."

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"Xxx. In People v. Ejercito,35 the Court explained that Republic Act (R.A.) No. 8353 or the Anti-rape Law, amending the Revised Penal ...
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...