Sunday, May 26, 2024

Testimonial evidence, to be believed, must come not only from the mouth of a credible witness, but must also "be credible, reasonable, and in accord with human experience." A credible witness must, therefore, be able to narrate a convincing and logical story.

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"Our Ruling The Petition is bereft of merit. The party who alleges a fact has the burden of proving it. Section 1, Rule 131 of the Rule...

Recoveyance and recovery of possession based on constructive trust and fraud vs. the principle of indefeasibility of a Torrens title

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"The Court’s Ruling The Court finds the petition meritorious. The Court is not unmindful of the principle of indefeasibility of a Torre...
Friday, May 24, 2024

Definition, Purpose, and Concept of an Action for Declaratory Relief

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"Ruling of the Court We grant the Petition. Definition, Purpose, and Concept of an Action for Declaratory Relief Declaratory relief is ...
Tuesday, April 30, 2024

Technicality vs. Merits of the Case. Doctrine of Liberality in Litigation.

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 "Under the circumstances, the failure to file the appellant’s brief on time rightly deserved the outright rejection of the appeal. The...

GENERAL SEARCH WARRANTS

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G.R. No. 213875, July 15, 2020 MERLINA R. DIAZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. "We deny the Petition. The requi...

SEARCH WARRANTS

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"In the present petition, Ogayon raises the following assignment of errors: I. The CA erred in finding that Ogayon had waived his right...
Thursday, February 29, 2024

Extrajudicial Confession; Admission by Conspirator

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 "Accused-appellants must be acquitted of Murder In contrast to the above, Antonio's extrajudicial confession as contained in his J...

Kidnapping for Ransom with Homicide

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 "Accused-appellants are guilty of the special complex crime of Kidnapping for Ransom with Homicide The elements of Kidnapping for Rans...
Wednesday, January 31, 2024

Award of attorney's fees denied

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"As regards attorney's fees, the Court of Appeals correctly held that none may be awarded to petitioner: Consequently, the award of...

Withdrawal of appeal before the Supreme Court

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"Once a case has been submitted for a court's decision, the petitioning party cannot, at their election, withdraw their appeal.71 T...

Abuse of right; moral damages

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 "Moral damages are a form of compensation for the "physical suffering, mental anguish, fright, serious anxiety, besmirched reputa...

Considering these conflicting conclusions, this Court must now examine the factual findings to resolve whether or not respondent acted in bad faith when he married petitioner despite the subsistence of his first marriage

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"In its November 18, 2016 Decision, the Regional Trial Court held that respondent's act of marrying petitioner even though he had a...
Sunday, December 31, 2023

Section 5(i)5 in relation to Section 6(f)6 of Republic Act No. (R.A.) 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC Law). - This means that the mere failure or one's inability to provide financial support is not sufficient to rise to the level of criminality under Section 5(i), even if mental or emotional anguish is experienced by the woman. In other words, even if the woman were to suffer mental or emotional anguish due to the lack of financial support, but the accused merely failed or was unable to so provide support, then criminal liability would not arise. A contrary interpretation to the foregoing would result in absurd, if not outright unconstitutional, consequences.

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 "The Court's Ruling The Court grants the Petition and acquits Calingasan of the crime charged. In all criminal cases, the Court ha...