Zenhashy's Place

PEOPLE OF THE PHILIPPINES vs. LUIS TAMPAL, DOMINGO PADUMON, ARSENIO PADUMON, SAMUEL PADUMON, and HON. WILFREDO C. OCHOTORENA G.R. No. 102485   May 22, 1995 Facts:           LUIS TAMPAL, DOMINGO PADUMON, ARSENIO PADUMON, SAMUEL PADUMON, PABLITO SUCO, DARIO SUCO and GALVINO CADLING were charged  with the crime of "Robbery with Homicide and Multiple Physical Serious Injuries."  Only private respondents Luis Tampal, Samuel Padumon, Arsenio Padumon and Domingo Padumon, were arrested. The others remained at large. Upon arraignment, the private respondents pleaded not guilty to the offense charged.  The case was set for hearing. On said date, however, Assistant Provincial Prosecutor Wilfredo Guantero mover for postponement on the ground that he failed to contact his material witnesses. The case was reset without any objection from the defense counsel.  The case was called on but the prosecutor was not present. The respo...

CECILIO MENDOZA vs. THE HONORABLE COURT OF APPEALS, and LUISA DE LA ROSA MENDOZA G.R. No. L-23102 April 24, 1967 Facts:           In the complaint, private respondent, Luisa De La Rosa Mendoza averred that she was married to Cecilio Mendoza on 2 September 1953, that they lived together as husband and wife until 14 July 1954, when the husband departed for the United States to further his studies and practice his profession. Since then, defendant Mendoza, without justifiable cause or reason deliberately abandoned and neglected plaintiff and despite repeated demands by plaintiff, defendant has failed and refused, and still fails and refuses, to provide for the maintenance and support of plaintiff, who is allegedly to be pregnant, sickly and without any source of revenue, while defendant (now petitioner) is employed in a hospital in the United States. Issue:           Whether or not the case ...

G.R. No. 123298   November 27, 2003 PEOPLE OF THE PHILIPPINES vs. FRANCISCO L. CALPITO Facts:           On November 21, 1990, Israel Montilla was sleeping in the sala of the victim’s residence when he was awakened by the victim’s shout for help. He then rushed to the victim’s bedroom which was just 2 ½ meters away from the sofa on which he slept. By the doorway, he met appellant who was holding a fan knife in his right hand and the victim’s shoulder bag in his left. He grappled with appellant, who suddenly stabbed him on his left upper arm. While Montilla searched for something with which he could defend himself, appellant rushed out of the house through the kitchen door, the lock of which the latter had destroyed. Montilla looked inside the bedroom and saw his grandmother on the bed lying in a pool of blood, with stab wounds all over her body.           The RTC finds the charge of Robbe...

G.R. No. 162052            January 13, 2005 ALVIN JOSE vs. PEOPLE OF THE PHILIPPINES Facts:           On November 14, 1995, P/Supt Joseph Castro received an information from an unnamed informant that a big time group of drug pushers from Greenhills will deliver 100 grams of shabu at Chowking. Acting on such report, SPO1 Bonifacio Gueverra was assigned to act as a poseur buyer.           They positioned their cars at the parking area where they had a commanding view of people going in and out. In the afternoon a Toyota Corolla arrived, Sonny Zarraga was the driver with Alvin Jose. The unnamed informant approached and talked to Sonny Zarraga. Then, the informant called SPO1 Bonifacio Guevarra and informed the latter that Sonny Zarraga had with him 100 grams of shabu . SPO1 Guevarra offered to buy the shabu. Sonny Zarraga asked SPO1 Bonifacio Guevarra if he had the money....

NICANOR T. SANTOS vs. COURT OF APPEALS, CONSUELAO T. SANTOS-GUERRERO and ANDRES GUERRERO G.R. No. 134787 November 15, 2005 Facts:                     Petitioner Nicanor T. Santos and private respondent Consuelo T. Santos-Guerrero are brother and sister, born to spouses Urbano Santos and Candelaria Santos, now both deceased. Sometime in 1956, Nicanor, Consuelo and eight of their siblings, executed a "Basic Agreement of Partition" covering properties they inherited from their parents.           Two years later, Consuelo, joined by her husband, herein respondent Andres Guerrero (collectively, the "Guerreros"), filed suit with the then Court of First Instance (CFI) of Rizal against petitioner Nicanor and two (2) other brothers, for recovery of inheritance. Issue:           Article 222 of the New Civil ...

Evangeline Ladonga vs. People of the Philippines GR no. 141066, February 17, 2005 Facts:           In 1989, spouses Adronico and Evangeline Ladonga, petitioner, became the regular customer of Alfredo Oculam in his pawnshop. Sometime in May 1990, the Ladonga spouses obtained a loan from him, guaranteed by check of United Coconut Planters Bank, issued by Adronico. On last week of April 1990 and during the first week of May 1990 the spouses obtained additional loan guaranteed by UCPD. And between May and June 1990, the spouses obtained the third loan guaranteed by UCPD. The three checks bounced upon presentment for the reason that the account was closed. When the spouses failed to redeem the check, despite repeated demands, Oculam filed a criminal complaint against them.           While admitting that the checks issued by Adronico bounced because there was no sufficient deposit or the account was clos...

G.R. No. 144463             January 14, 2004 SENATOR ROBERT S. JAWORSKI vs. PHILIPPINE AMUSEMENT AND GAMING CORPORATION and SPORTS AND GAMES ENTERTAINMENT CORPORATION Facts:           Philippine Amusement and Gaming Corporation (PAGCOR) is a government owned and controlled corporation existing under Presidential Decree No. 1869 issued on July 11, 1983 by then President Ferdinand Marcos. Pertinent provisions of said enabling law read: To establish and operate clubs and casinos, for amusement and recreation, including sports, gaming pools (basketball, football, lotteries, etc.) and such other forms of amusement and recreation including games of chance, which may be allowed by law within the territorial jurisdiction of the Philippines.           On March 31, 1998, PAGCOR’s board of directors approved an instrument denominated as "Grant of Authority and Agreement for the O...

Adonis Aradillos and Albino Galabo vs. Court of Appeals G.R. No.135619 January 15,2004 Facts:           On February 3, 1992, Gloria Adviola, when she saw the petitioners Aradillos and Galabo, in the act of cutting the bamboo bridge located on the property of her husband, rebuked them. There upon, petitioners chased her and they caught up with her near the house. Galabo then hit her several times with a peace of wood and his carpentry ax, hitting her on the right side of the head and in the forehead.           The petitioners on the other hand contend that the injuries of Gloria were sustained by mere accidents of the course of struggle between the victim and Aradillos for the possession of the ax of the latter. As told by the petitioner Aradillos, it was Gloria who first went near to Aradillos who was then cutting the roots of the tree. And grabbed the ax, obviously with the intention of stopping A...