Category: LATEST SUPREME COURT CASES


CASE 2019-0033: BDO LIFE ASSURANCE, INC. VS. ATTY. EMERSON U. PALAD (G.R. NO. 237845. OCTOBER 16, 2019, REYES A. JR., J.) (SUBJECT/S: PROBABLE CAUSE, CONSPIRACY) (BRIEF TITLE: BDO VS ATTY PALAD)

 

DISPOSITIVE:

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SUBJECTS/DOCTRINES/DIGEST:

 

ATTY PALAD WAS PRESENT DURING THE ENTRAPMENT. IS THIS EVIDENCE THAT ATTY PALAD WAS IN CONSPIRACY WITH THE CULPRITS?

 

NO BECAUSE TO HOLD HIM LIABLE AS CONSPIRATOR HE MUST PERFORM AN OVERT ACT IN FURTHERANCE OF THE CONSPIRACY. MERE KNOWLEDGE OF THE ACT IS NOT SUFFICIENT. THERE MUST BE COOPERATION AND AGREEMENT TO COOPERATE ON HIS PART.

 

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PROSECUTION SAYS PALAD MUST PROVE HIS INNOCENCE DURING TRIAL. IS THIS CONTENTION CORRECT?

 

NO BECAUSE IT IS CONTRARY TO THE PURPOSE OF A PRELIMINARY INVESTIGATION: TO SECURE THE INNOCENT FROM HASTY, MALICIOUS AND OPPRESSIVE PROSECUTION.

 

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PALAD 04

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0033-BDO Life Assurance, Inc. Vs. Atty. Emerson U. Palad

 

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CASE 2019-0008: PEOPLE OF THE PHILIPPINES VS. INDUSTRIAL INSURANCE COMPANY, INC. (G.R. NO. 222955. OCTOBER 16, 2019, 16 OCTOBER 2019, REYES J. JR. J) (SUBJECT/S: FORUM SHOPPING) (BRIEF TITLE: PEOPLE VS INDUSTRIAL INSURANCE)

 

DISPOSITIVE:

 

CENTRAL BANK 01.png

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHEN IS THERE FORUM SHOPPING?

 

WHEN TWO ACTIONS HAVE IDENTITY OF PARTIES, IDENTITY OF RIGHT OR CAUSE OF ACTION AND IDENTITY OF RELIEFS SOUGHT.

 

CENTRAL BANK 02.png

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0032-BF Citiland Corporation Vs. Bankgo Sentral ng Pilipinas

 

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CASE 2019-0031: PEOPLE OF THE PHILIPPINES VS. NOELLITO DELA CRUZ Y DEPLOMO (G.R. NO. 227997, 16 OCTOBER 2019, ZALAMEDA, R.V., J.) (SUBJECT/S: MURDER; HOMICIDE; INSANITY) (BRIEF TITLE: PEOPLE VS DE LA CRUZ)

 

DISPOSITIVE:

 

“WHEREFORE, the Appeal is hereby PARTIALLY GRANTED. Accused-appellant Noellito Dela Cruz y Deplomo is declared GUILTY beyond reasonable doubt for the crime of HOMICIDE, and is sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prison mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. Further, accused-appellant is ORDERED to indemnify the heirs of Ramir Joseph Eugenio the amounts of Php50,000,00 as civil indemnity, Php50,000.00 as moral damages, and Php50,000.00 as temperate damages. An interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of the finality of this Decision until fully paid.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

CAN THERE BE TREACHERY WHEN THERE IS NO  PROVOCATION ON THE PART OF THE VICTIM?

 

NO BECAUSE FOR TREACHERY TO BE APPRECIATED THERE MUST NOT BE EVEN THE SLIGHTEST PROVOCATION ON THE PART OF THE VICTIM.

 

DELA CRUZ DOCTRINE 1

 

TO BE EXEMPTED FROM CRIMINAL LIABILITY UNDER A PLEA OF INSANITY WHAT MUST BE SHOWN?

 

THAT ACCUSED WAS COMPLETE DEPRIVED OF INTELLIGENCE AND SUCH COMPLETE DEPRIVATION OF INTELLIGENCE MUST BE MANIFEST AT THE TIME OR IMMEDIATELY BEFORE THE COMMISSION OF THE OFFENSE.

 

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0031-People of the Philippines Vs. Noellito Dela Cruz y Deplomo

 

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