Family courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpus cases. The Court of Appeals (CA) and the Supreme Court (SC) had not been divested of their jurisdiction over habeas corpus cases involving custody of minors. This is the issue in the case discussed below.
Author Archive for Lito or Tokpi
Jurisdiction in habeas corpus cases involving custody of minors
Published by August 2nd, 2007 in Digests and Family and Property Law. 4 CommentsSpouses Raymundo et. al. vs. Spouses Bandong (G.R. No. 171250, July 4, 2007) - Digest
Published by July 25th, 2007 in Corporate and Investments and Digests. 3 CommentsFacts : Eulalia Raymundo (Eulalia) was engaged in the business of buying and selling large cattle for which she employed “biyaheros†whose task involved the procuring of large cattle with the financial capital provided by petitioner and delivering the procured cattle to her for further disposal. In order to secure the financial [...]
Writ of Amparo
Published by July 21st, 2007 in Elections and Constitutional Law and Obiter/News. 7 Comments(Added: Full text of The Rule on the Writ of Amparo or the Questions and Answers)
Concerned about the growing number of cases of disappearance in the country, the Supreme Court (SC) now contemplates introducing the writ of amparo into the legal system to give more protection to constitutional rights of a person as the [...]
Arson with quadruple homicide and robbery: Is it a complex crime?
Published by July 17th, 2007 in Criminal Law and Obiter/News. 0 CommentsDuring our final examination in Criminal Law II last semester in Harvardian College of Law (Pampanga), the following question was asked:
Harry, an overseas contract worker, arrived from Saudi Arabia with considerable savings. Knowing him to be “loaded,†his friends Jason, Manuel and Dave invited him to a poker session at a rented beach cottage. When [...]
Senator-elect Trillanes right to bail
Published by June 29th, 2007 in Criminal Law, Elections and Constitutional Law and Obiter/News. 0 CommentsIn a recent press statement, Lieutenant Colonel Jose Feliciano Loi noted that under the military justice system, Trillanes should not be going out of his detention cell as in the case of other personnel charged before the military’s general court martial.
The statement suggests that there is no provision in military laws, particularly in the Articles [...]
Dominador Aytona vs. Andres Castillo, GR. No. L-19313, 19 January 1962
Published by June 26th, 2007 in Elections and Constitutional Law and Obiter/News. 0 CommentsOn June 15, 2007, Sun.Star Pampanga carried an interesting news report: “Vice guv rejects Panlilio’s plea to stop bidding“. Pampanga’s Acting Governor Guaio’s rejection stemmed from Governor-elect Eddie Panlilio’s request contained in his letter of June 13, 2007 asking Guiao to defer a scheduled bidding, saying “yours is no more than a caretaker administration” [...]
Is Lito Lapid Still A Senator?
Published by June 13th, 2007 in Elections and Constitutional Law. 0 CommentsThere is an ongoing debate as to whether Senator Lito Lapid will be considered as having forfeited his Senate seat when he ran for Mayor of Makati City. Let me offer what I understood about this issue.Before the passage of Fair Election Act (Republic Act No. 9006), Sen. Lapid would have been considered as having [...]
Juvenile Justice and Privileged Mitigating Circumstance of Minority
Published by March 21st, 2007 in Obiter/News and Sentencing Law. 3 CommentsIn our recent final examination in Criminal Law II, the following question was propounded:
1. Where a minor under 18 years but over 9 years, who acted with discernment, is charged for an offense defined and penalized by the RPC which calls for the imposition of a capital penalty, is he entitled to a privilege mitigating [...]
Rape: insertion of a finger into the genital or anus of another
Published by February 1st, 2007 in Criminal Law. 5 CommentsRepublic Act 8353 (R.A. 8353) or the “Anti-Rape Act of 1997″, which amended Chapter III, Title 8 of the Revised Penal Code, expanded the definition of rape. The crime of rape now includes the insertion of the penis into another person’s mouth or anal orifice, or any other instrument or “objectâ€, into the genital or [...]
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