Showing posts with label case digests. Show all posts
Showing posts with label case digests. Show all posts

Saturday, April 19, 2025

CONRADO NUÑEZ, JR. VS. SPOUSES OSCAR AND NORMA NUNEZ

CONRADO NUÑEZ, JR. VS. SPOUSES OSCAR AND NORMA NUNEZ 

G.R. No. 267108 

February 05, 2025  

 

FACTS: 

Spouses Nuñez, Conrado and Maria had six children. According to the petitioners, Maria and her family occupied a parcel of land, the Corregidor Property since the early 1960’s. In 1988, to develop the property, Oscar, one of the children was tasked to process a loan with the ADB to fund the development. The Corregidor Property was used as a collateral for the loan. Maria died in 1988 and after full payment of the loan, the petitioners discovered that Maria’s title and tax declaration were already cancelled, and a title of ownership was issued in the name of Oscar.  



Thursday, February 6, 2025

People v. Gervero G.R. No. 206725 July 11, 2018

 

People v. Gervero 

G.R. No. 206725 

July 11, 2018  

 

FACTS: 

On or about the 25th day of November, 1991, the accused, conspiring and confederating with one another, with deliberate intent and decided purpose to kill, armed with firearms, they were then provided, through treachery, evident premeditation and superior strength, did then and there, wilfully, unlawfully, and feloniously attack, assault, shoot and hit HERNANDO VILLEGAS, JOSE VILLEGAS and BENITO BASUG, JR. with said firearms inflicting upon said Hernando Villegas, Jose Villegas and Benito Basug, Jr. numerous gunshot wounds on different parts of their bodies which caused their deaths immediately thereafter. 

The RTC found the accused guilty of murder which the CA affirmed with modification, hence this appeal.  



Saturday, November 4, 2023

JAMES CUA KO versus Republic of the Philippines



JAMES CUA KO versus Republic of the Philippines

G.R. No. 210984

April 12, 2023

FACTS:

Shalimar filed a petition for declaration of nullity of her marriage with one Kerwin. While the petition for declaration of nullity of marriage was still pending, Shalimar gave birth to "Jamie Shaye." In Jamie Shaye's certificate of live birth, Shalimar indicated "James Cua Ko" as the name of Jamie Shaye's father. James executed an Affidavit of Acknowledgment/Admission to support the entry of his name in Jamie Shaye's certificate of live birth. Eventually, Shalimar's marriage to Kerwin was voided by the RTC.

James subsequently filed a Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child before the RTC. The trial court denied the petition and MR. The CA affirmed the trial court's Decision. MR was denied, hence this petition.



DR. BENIGNO A. AGBAYANI, JR. V. PEOPLE OF THE PHILIPPINES

DR. BENIGNO A. AGBAYANI, JR. V. PEOPLE OF THE PHILIPPINES

G.R. No. 215121

June 23, 2021


FACTS:

Dr. Agbayani was charged before the MeTC with reckless imprudence resulting ln serious physical injuries in an Information that reads:

On or about January 5, 2006. in the City of Manila, Philippines, the accused, being then the surgeon and/or orthopoedist of complainant Saul Q- Hofilena, Jr., did then and there voluntarily but without malice, conduct an arthroscopy upon said complainant in a reckless manner by using a medical instrument (arthroscope) that was not sterilized without taking the necessary precaution to avoid injury to said complainant, taking into consideration his employment or occupation and degree of intelligence, causing as a consequence of his said carelessness, recklessness, negligence, imprudence and lack of precaution the said complainant to suffer serious physical injuries on his left knee which rendered him incapacitated for work and/or labor for more than thirty (30) days and in fact said complainant had undergone another operation at St. Luke's Hospital, Quezon City on his left knee to remove the infection introduced by the accused and subsequent operation on his right wrist as a result of walking with a care for a prolonged period of time, to the damage and prejudice of said Saul Q. Hofilena. Jr.

Dr. Agbayani pleaded not guilty to the crime charged. Thereafter, trial on the merits ensued.

The MeTC rendered its Decision finding Dr. Agbayani guilty beyond reasonable doubt of Reckless Imprudence Resulting in Serious Physical Injuries. 



Sunday, October 29, 2023

MICHAEL JOHN ROBLES VS. PEOPLE OF THE PHILIPPINES

MICHAEL JOHN ROBLES VS. PEOPLE OF THE PHILIPPINES

G.R. No. 223810

August 02, 2023

FACTS:

The Information reads that on or about the 27th day of July 2009, accused Robles, did then and there willfully, unlawfully and feloniously drive without license an unregistered Suzuki Raiders motorcycle with no plate number along CPG North Avenue comer Benigno Aquino Avenue, Tagbilaran City, in a careless, negligent and imprudent manner, in violation of the traffic rules and regulations and ordinances, without due regard to safety, life and property and without taking the necessary precautions to avoid accident to person or damage to property, thereby causing by such carelessness, negligence and imprudence said Suzuki Raiders motorcycle to hit and bump a Yamaha Crypton motorcycle bearing driven by Ronelo causing damage to the motorcycle death to the latter and less serious physical injuries to the backrider. The MTCC found Robles guilty beyond reasonable doubt of the charge of Reckless Imprudence resulting in Homicide, Less Serious Physical Injuries and Damage to Property under Article 365 of the RPC. The CA denied the appeal.

Hence, this petition.



Pedro Talisay vs. People of the Philippines

Pedro Talisay vs. People of the Philippines
G.R. No. 258257
August 9, 2023

On or about September 29, 2016, the accused, with deliberate intent and moved by lewd design, taking advantage of the minority of his 15-year old victim, [AAA], and by means of force, threat and intimidation, did then and there, willfully, unlawfully, and criminally commit acts of lasciviousness upon her, by kissing her on her cheeks, removing her pants and panty, and satisfying [his] sexual desire by placing his penis outside of her vagina, which acts are constitutive of sexual abuse which debases, degrades or demeans her intrinsic worth and dignity as a human being, to the damage and prejudice of the said victim. He was charged with Violation of Sec. 5(b) of R.A. No. 7610.



Friday, April 7, 2023

PEDRO L. LINSANGAN vs. ATTY. NICOMEDES TOLENTINO

PEDRO L. LINSANGAN vs.

ATTY. NICOMEDES TOLENTINO

 A.C. No. 6672               

September 4, 2009

FACTS: 

Respondent convinced the clients of complainant to transfer legal representation. Respondent promised them financial assistance and expeditious collection on their claims. To induce them to hire his services, he persistently called them and sent them text messages.

To support his allegations, complainant presented the sworn affidavit of James Gregorio attesting that Labiano tried to prevail upon him to sever his lawyer-client relations with complainant and utilize respondent’s services instead, in exchange for a loan of ₱50,000. Complainant also attached "respondent’s" calling card. 

Petitioner filed a disbarment case against respondent for solicitation of clients and encroachment of professional services. The Commission on Bar Discipline of the IBP found that the respondent had encroached on the professional practice of complainant. 



Sunday, April 2, 2023

REX G. RICO VS. UNION BANK OF THE PHILIPPINES

 

REX G. RICO VS. UNION BANK OF THE PHILIPPINES

G.R. No. 210928, February 14, 2022

 

FACTS:

Union Bank issued Rico a Union Bank Visa credit card. Rico filed a complaint for damages before the RTC claiming that he suffered embarrassment, social humiliation, mental anguish, serious anxieties, besmirched reputation, and wounded feelings when his card was dishonored at Gourdo's Restaurant. Union Bank asserted that when Rico used his credit card at Gourdo's Restaurant, it was dishonored because his account was already in "past due" status for failure to pay the minimum amount due. Union Bank averred that it should not be held liable for damages since it was Rico who failed to comply with the terms and conditions of the credit card. The RTC ruled in favor of Rico. The CA affirmed the decision of the RTC with modification as to the amount of damages.



LORENZO WILLY VS. REMEDIOS F. JULIAN

 

LORENZO WILLY VS. REMEDIOS F. JULIAN

G.R. No. 207051. December 01, 2021

 

FACTS:

Modesto owned an unregistered land. Modesto executed a written agreement conveying portions of the subject property to three individuals namely Jularbal, Catbagen and Dongpaen. Later, on various dates, a series of sale transactions occurred among Modesto, Dongpaen, and Ricardo for the sale of Lots 1 and 2 to Ricardo. Pursuant to an arrangement with Modesto and his son, Lorenzo, who offered to cultivate Ricardo's portion of the subject property, Ricardo saw no need to occupy Lots 1 and 2, and simply allowed Lorenzo's possession thereof.  Later, upon learning that petitioners had attempted to sell even his portion of the subject property, Ricardo began resorting to administrative remedies. Consequently, Ricardo filed a Civil Case complaint for Partition of Property and Damages. The MCTC ruled in favor of Ricardo. The RTC reversed the MCTC decision. The CA affirmed the MCTC ruling.



DANILO A. DAVID VS. BANK OF PHILIPPINE ISLANDS

 

DANILO A. DAVID VS. BANK OF PHILIPPINE ISLANDS

 G.R. No. 251157, September 29, 2021

 

FACTS:


     BPI issued petitioner David a pre-approved credit card. The terms and conditions provide that the cardholder agrees to pay all charges incurred within twenty calendar days from the assigned cut-off date without need for demand. Any unpaid amount thereafter is subject to monthly 3.25% interest and 6% penalty charge. He started delaying in his payments. Demands for payment were unheeded thus the bank sued petitioner and his wife for sum of money. Petitioner denied that he had agreed to the terms and conditions, specifically the payment of interest and penalty charges. The MeTC ruled that petitioner was liable for interest and penalty charges. The RTC affirmed the MeTC decision. The CA computed anew petitioner’s obligation.