Blog Posts on doctrines
Percent:
Diño vs. Diño, 640 SCRA 178, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Civil Law; Family Law; Property Relations; In a void marriage, regardless of its cause, the property relations of the parties during the period of cohabitation is governed either by Article 147 or Article 148 of the Family Code.-—The Court has r...
Tinio, Jr. vs. National Power Corporation, 640 SCRA 287, January 24, 2011 by My Concluding Quest on Feb 4, 20121. Remedial Law; Appeals; It is axiomatic that the Court will not review, much less reverse, the factual findings of the Court of Appeals (CA), especially where, as in this case, such findings coincide with those of the trial court and that these fin...
Jesalva vs, People, 640 SCRA 253, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Constitutional Law; Bill of Rights; Custodial Investigation; Custodial investigation refers to “any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in an...
Exxonmobil Petromleum and Chemical Holdings, Inc. Philippine Branch vs. Commissioner of Internal Revenue, 640 SCRA 203, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Remedial Law; Civil Procedure; Actions; Parties; It would not make any sense to proceed to try a case when petitioner had no standing to pursue it.-—This case is a clear cut application of the above provision. The CIR did not file a motion to di...
Metropolitan Bank & Trust Company vs. Miranda, 640 SCRA 273, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Remedial Law; Appeals; Only questions of law may be raised before the Court in a Petition for Review under Rule 45 of the Revised Rules of Civil Procedure; The question of compliance or non-compliance with notice and publication requirements of an...
Commissioner of Internal Revenue vs. Asian Transmission Corporation, 640 SCRA 189, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Court of Tax Appeals; Appeals; The Court which will not lightly set aside the conclusions reached by the Court of Tax Appeals (CTA) which, by the very nature of its function of being dedicated exclusively to the resolution of tax problems, has acc...
People vs. Capuno, 640 SCRA 233, January 19, 2011 by My Concluding Quest on Feb 4, 20121. Criminal Procedure; Quantum of Proof; In all criminal prosecutions, an accused is presumed innocent of the charge laid unless the contrary is proven beyond reasonable doubt; The burden lies on the prosecution to overcome such presumption of innoce...
Golden Arches Development Corporation vs. St. Francis Square Holdings, Inc., 640 SCRA 227, January 19, 2011 by My Concluding Quest on Feb 4, 2012Remedial Law; Actions; Venue; Venue, in essence, concerns a rule of procedure. In personal actions, it is fixed for the greatest possible convenience of the plaintiff and his witnesses, and to promote the ends of justice; Specifically with respect to...
Tobias vs. Limsiaco, Jr., 640 SCRA 1, January 19, 2011 by My Concluding Quest on Feb 3, 20121. Administrative Law; Judges; The conduct of a judge should be beyond reproach and reflective of the integrity of his office.-—The investigation revealed that respondent committed acts unbecoming of a judge, in particular, talking to a prospective...
People vs. Uyboco, 640 SCRA 146, January 19, 2011 by My Concluding Quest on Feb 3, 20121. Criminal Law; Kidnapping and Serious Illegal Detention; Elements of the Crime; If the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention is immaterial.2. Same; Same; Same; Same; Words and...
