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Showing posts with the label Article 36

Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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Case Digest: Maria Dela Fuente v. Rodolfo Dela Fuente (G.R. No 188400)

Maria Dela Fuente v. Rodolfo Dela Fuente | GR. No. 188400 | March 8, 2017  Psychological incapacity | FACTS : Petitioner Maria and Rodolfo met while they were still students at the University of Sto. Tomas. Maria observed that Rodolfo was introvert, prone to jealousy, and did not have any ambition in life because of his insecurity towards his siblings who were successful in their careers.   On June 21, 1984, they got married and eventually had two children During their marriage, Rodolfo’s attitude worsened. He was suspicious of his wife and even resorted to stalking just to confirm if she was having an affair with another man. He even poked a gun to his 15-year old cousin who he suspected was Maria’s lover. Maria also alleged that she was Rodolfo’s sex slave. That they had sex five times a day. Rodolfo would even fetch her from the office during lunch break just to have sex. It bothered her that her husband even suggested to invite another man to share their bed. She aske...
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Case Digest: Del Rosario v. Del Rosario (G.R. No 222541)

Del Rosario v. Del Rosario | G.R. No. 222541 | Feb 15, 2017| Topic: Psychological incapacity FACTS: Rachel and Jose are married couples and they have a son named Wesley.  Rachel is an OFW working in Hong Kong as a domestic helper. In September, 2011, Rachel filed a petition for declaration of nullity of marriage before the RTC.  Rachel claims that Jose is psychologically incapacitated to fulfill his essential marital obligations.  In support of her petition, Rachel claimed that Jose was violent, that at the day of their wedding he punched him in the shoulder and that Jose hit his own father when the latter did not pay for the wedding.  Rachel also claims that Jose was having extra marital affairs and that at one point her sister and Wesley caught Jose with a woman. Rachel also presented the testimonies of Wesley, her sister, and the testimony of Dr. Tayag.  Dr. Tayag stated that Jose suffered from Antisocial Personality Disorder (APD) based from the intervie...
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Case Digest: Castillo v. Republic & Impas (G.R. No 214064) including Dissenting Opinion

Castillo v. Republic & Impas | G.R. No. 214064 | Feb. 6, 2017 | Topic: Psychological Incapacity FACTS : As their parents were good friends and business partners, Mirasol and Felipe started as friends then, eventually, became sweethearts. During their courtship, Mirasol discovered that Felipe sustained his affair with his former girlfriend. The couple's relationship turned tumultuous after the revelation. With the intervention of their parents, they reconciled. They got married in Bani, Pangasinan on April 22, 1984 and were blessed with two (2) children born in 1992 and in 2001.   On 2011, Mirasol filed a complaint for Declaration of Nullity of Marriage before the RTC.     Mirasol alleged that at the beginning, their union was harmonious prompting her to believe that the same was made in heaven. However, after thirteen (13) years of marriage, Felipe resumed philandering. Tired of her husband's infidelity, she left the conjugal dwelling and stopped any communic...
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Case Digest: Matudan v. Republic (G.R. No 203284)

Matudan v. Republic of the Philippines | GR No. 203284 | November 14, 2016 | Psychological incapacity | FACTS :  Petitioner Nicolas Matudan and Respondent Marilyn Matudan were married in Laoang, Northern Samar on October 26, 1976. They had four children.   In 1985, Marilyn left to work abroad. Since then, Nicolas and the children lost all contact with her.   She was never heard nor seen again.   23 years later, Nicolas filed a Petition for Declaration of Nullity of Marriage alleging that before, during, and after his marriage to Marilyn, the latter was psychologically incapable of fulfilling her obligations as a wife and mother --- failing to provide Petitioner and her children with necessary emotional and financial care, support, and sustenance. Petitioner also stated that based on the expert evaluation conducted by Clinical Psychologist Dr. Tayag, Respondent’s psychological incapacity is grave, permanent, and incurable. Petitioner also alleges that his consent...
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Case Digest: Republic v. Sereno (G.R. No 237428) w/ Summary of Separate Opinions

Republic v. Sereno (including Summary of Separate Opinions) | G.R. No. 237428 | May 11, 2018 | Tijam, J. |  Topic: Art. VIII, Sec 5 (other topics included in the full digest) | SUMMARY:   A petition for quo warranto was filed by the OSG assailing the appointment of CJ Sereno as Chief Justice on the ground that she failed to prove her integrity during the nomination process as she failed to comply with the SALN requirements of the JBC. Several groups and individuals filed Motions for Leave to Intervene, among them Senators De Lima and Trillanes. CJ Sereno filed a Motion to Inhibit against six Justices. The Republic argues that (1) quo warranto is the proper remedy, as the Constitution does not make impeachment the exclusive mode of unseating an impeachable officer; (2) the petition is not time barred as prescription cannot run against the States; and, (3) that, at the time of her appointment, CJ Sereno was not of “proven integrity” she not having filed the required SALNs a...
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Case Digest: Gloria Dy v. People (G.R. No 189081)

Gloria Dy v. People of the Philippines | G.R. No. 189081 | August 10, 2016 | Topic: Liability ex delicto / ex contractu FACTS: Dy, as the General Manager of Mandy Commodities Company, Inc. (MCCI) proposed to William Mandy (President of MCCI) to purchase a property for the company. To facilitate the purchase, the president obtained a loan from International China Bank of Commerce (bank), which was granted to the company in the amount of P20 million.   As security, MCCI executed a chattel mortgage over their warehouses. The president entrusted Dy to manage the payment of the loan. Later on, MCCI received a notice of foreclosure over the mortgaged property due to its default in paying.   In order to prevent the foreclosure, the president delivered to Dy, P21,706,281 worth of checks issued by MCCI, with the instruction that Dy shall use the checks to pay the loan. However, the president later discovered that the checks weren’t paid to the bank when the bank foreclosed the mortg...
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Case Digest: Secretary of National Defense v. Manalo (G.R. No. 180906)

Secretary of National Defense v. Manalo |  G.R. No. 180906 | October 7, 2008 |  Puno. C.J. Doctrine and Concepts: The Writ of Amparo offers a better remedy to extralegal killings and enforced disappearances and threats thereof due to the nature of swiftness required to resolve these cases The remedy provides rapid judicial relief as it partakes of a summary that requires only substantial evidence to make the appropriate reliefs available to the petitioner; it is not an action to determine criminal guilt requiring proof beyond reasonable doubt or liability for damages requiring preponderance of evidence or administrative responsibility requiring full and exhaustive proceedings. Facts The case at bar is an appeal via Petition for Review under Rule 45 of the Rules of Court in relation to Section 19 of the Rule on the Writ of Amparo , seeking to reverse and set aside , the Decision promulgated by Court of Appeals in C.A. G.R. AMPARO No. 00001. The original case was filed by ...
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