Tuesday, August 13, 2024

Retroactive application of procedural rules

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 "The trial court gravely erred when it applied the 2019 Amendments to resolve the affirmative defenses pleaded by respondent companies...

Direct resort to the Supreme Court

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 "As for the second issue, whether the allegations in the complaint, assuming them to be true, state a cause of action against responde...

Question of Law

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 "A "question of law" exists when the doubt hinges on what the law is on a certain set of facts or circumstances; on the othe...
Wednesday, July 31, 2024

May an accused indicted for Bigamy be exculpated on the basis of the judicial declaration of nullity of his first or second marriage?

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 "To summarize and for future guidance, the parties are not required to obtain a judicial declaration of absolute nullity of a void ab ...
Sunday, June 30, 2024

Denial and Alibi

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 "The defense of denial and alibi, as held by the Court of Appeals, is weak compared to the positive identification of the appellants a...

Right to Counsel in relation to Police Lineup

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 "The Court of Appeals emphasized that the prohibition against custodial investigation conducted without the assistance of counsel does...

Proof of Conspiracy

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 "Anent the issue of conspiracy, the Court of Appeals stated that for collective responsibility to be established, it is not necessary ...

Child Witness with Cerebral Palsy

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 "The Court of Appeals, at the outset, affirmed that the lone survivor, Cherry Mae Bantiway, is a competent witness although she is suf...

Direct appeal to the Supreme Court in capital offenses

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 "Conformably with the decision promulgated on 7 July 2004 in G.R. Nos. 147678-87, entitled The People of the Philippines vs. Efren Mat...
Monday, June 10, 2024

Corruption in the Judiciary

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 #Corruption in the #Judiciary cannot be solved by perfunctory administrative/disciplinary #investigations alone. #AdministrativeCases are R...
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...