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.

Law School Life

Okay so lately I figured I should focus on studying. I mean learning the law, not just memorizing for the sake of passing a quiz or an exam. Needless to say knowledge is power. So to put spice to this law school life, I will make it a habit to post my study notes in this blog which I recently successfully renewed to maximize my inspiration. I have always loved sharing my thoughts through writing and I would not want studying to get in the way plus I need a breather from the stress. There are already several case digests published in this blog. I intend to review by making outlines of my subjects here. 

The purpose is for fun! Hmmm at least for me. It will be a bonus should others find browsing my thoughts motivational :D

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RULE 130-REVISED RULES OF EVIDENCE (2)

 

TESTIMONIAL EVIDENCE

According to the Revised Rules on Evidence, the following are the qualifications of  witnesses:

All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. (Sec. 21)

Religious or political belief, interest in the outcome of the case or conviction of a crime, unless otherwise provided by law, shall not be a ground for disqualification. 

Deleted was the disqualification by reason of mental incapacity or immaturity. 

• A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is which are derived from his or her own perception. (Sec. 22)
• During marriage, the husband and wife cannot testify against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. (Sec. 23)

Republic of the Philippines vs. Cipriano Orbecido III

REPUBLIC OF THE PHILIPPINES

vs.
CIPRIANO ORBECIDO III

G.R. No. 154380 

October 5, 2005

FACTS:

Cipriano Orbecido III and Lady Myros M. Villanueva were married on May 24, 1981.

In 1986, Cipriano’s wife left for the United States. Cipriano later discovered that his wife had been naturalized as an American citizen. In 2000, Cipriano learned that his wife had obtained a divorce decree and then married a certain Innocent Stanley. Cipriano thereafter filed with the trial court a petition for authority to remarry invoking Paragraph 2 of Article 26 of the Family Code which the court granted. The Office of the Solicitor General (OSG), sought reconsideration but it was denied. Hence the instant petition.

Ajero vs. CA

 

G.R. No. 106720 September 15, 1994

SPOUSES ROBERTO AND THELMA AJERO, petitioners,
vs.
THE COURT OF APPEALS AND CLEMENTE SAND, respondents.

FACTS:

Annie Sand named as devisees petitioners Roberto and Thelma Ajero, private respondent Clemente Sand, Meriam S. Arong, Leah Sand, Lilia Sand, Edgar Sand, Fe Sand, Lisa S. Sand, and Dr. Jose Ajero, Sr., and their children.

Petition for allowance of decedent's holographic will was opposed by Private respondent on the grounds that: neither the testament's body nor the signature therein was in decedent's handwriting; it contained alterations and corrections which were not duly signed by decedent; and, the will was procured by petitioners through improper pressure and undue influence. The petition was likewise opposed by Dr. Jose Ajero. He contested the disposition in the will of a house and lot located in Cabadbaran, Agusan Del Norte. He claimed that said property could not be conveyed by decedent in its entirety, as she was not its sole owner.

Kalaw vs. Relova

 

G.R. No. L-40207 September 28, 1984

ROSA K. KALAW, petitioner,
vs.
HON. JUDGE BENJAMIN RELOVA, Presiding Judge of the CFI of Batangas, Branch VI, Lipa City, and GREGORIO K. KALAW, respondents.

FACTS:

Natividad K. Kalaw’s first written holographic will named ROSA K. Kalaw, her sister as her sole heir. On September 1, 1971, private respondent GREGORIO K. KALAW, claiming to be the sole heir filed a petition before the Court of First Instance for probate of the will. ROSA K. Kalaw opposed probate alleging, in substance, that the holographic Will contained alterations, corrections, and insertions without the proper authentication by the full signature of the testatrix as required by Article 814 of the Civil Code.

SAGRADO LABRADOR vs. CA

IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF MELECIO LABRADOR.

SAGRADO LABRADOR vs. CA

G.R. Nos. 83843-44              

April 5, 1990

FACTS:

Melecio Labrador left behind a parcel of land and a holographic will. His heirs were Sagrado, Enrica, Cristobal, Jesus, Gaudencio, Josefina, Juliana, Hilaria and Jovita. Sagrado Labrador filed a petition for the probate of Melecio’s holographic will.

Coping When An Accident Takes You Out Of Work

We might all like to think that we’re one of the lucky ones, but an accident can happen to anyone at any time. When it does, it can be a hugely disruptive force in your life. One of the most frightening ways it can disrupt is by getting in the way of your ability to make money. When you’re injured and out of work, you need to take action. Not just action that will help you get through it financially, but action that will make sure you’re coping with the long-term issues of your health, too.

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Make sure you’re getting covered as much as you can

If someone else is liable for your accident, that’s where you need to begin. Proving liability means collecting what evidence you can, recalling details as accurately as you can, and even getting witnesses if possible. If the liable party’s insurance provider tries to dispute you, don’t be afraid to push back. Teams like www.injurylawyer.com can assure you when you really have a case. Getting legal coverage for medical costs is only the start, though it is a big one. Make sure you’re looking to your employer, to any long-term insurance you have, and any state assistance that can help you stay financially supplied during your time off work. Prompt medical advice and treatment are essential to informing all these benefits you could get.

Things You Didn't Realise a Family Lawyer Could Help With

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No one really thinks about getting a lawyer until something bad happens. Like, a divorce or crime. However, there are so many more things an attorney can help you with. Especially those who specialise in family law. As some of you may know, I’ve recently made the decision to stop with law school for the time being. However, it made me think about all the times understanding the legal world could come in handy. Here are some things you didn’t realise a family lawyer could help with.