J.A.B. Bulao & Associates

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER WAS ACCUSED OF ROBBERY. HE WAS FOUND TO BE IN POSSESSION OF THE STOLEN THINGS. THE PRESUMPTION IS ONE WHO IS IN POSSESSION OF SUBJECT STOLEN THINGS IS THE PERPETRATOR. HE WAS NOT ABLE TO REBUT THIS PRESUMPTION.

THE THINGS STOLEN WERE RECOVERED. BUT RTC STILL AWARDED CIVIL INDEMNITY BASED ON THE VALUE OF THE STOLEN THINGS. IS THIS PROPER?

NO.

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DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

CAUSING POSTED IN FACEBOOK A LIBELOUS STATEMENT AGAINST REPR HERNANDEZ OF SOUTH COTABATO. FISCAL RULE THERE IS PROBABLE CAUSE. INFORMATION WAS FILED. CAUSING FILED MOTION TO QUASH ON GROUND OF PRESCRIPTION. SEC 4, ART 90 OF RPC PROVIDES THAT LIBEL PRESCRIBES IN ONE YEAR. RTC DENIED THE MOTION TO QUASH. HENCE THIS CASE. THE SUPREME COURT RULED THAT PRESCRIPTION FOR LIBEL IS ONE YEAR BASED ON SEC 4 ART 90 AND CLARIFIED THAT THE PERIOD IS COUNTED FROM DATE OF DISCOVERY NOT FROM DATE OF PUBLICATION OR POSTING. SINCE DATE OF DISCOVERY IS NOT ASCERTAINED YET THERE MUST BE TRIAL SO EVIDENCE CAN BE PRESENTED TO DETERMINE DATE OF DISCOVERY.

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TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.