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Claudine has 468 articles published.

Lee v CA; G.R. No. 117913; 01 Feb 2002; 375 SCRA 579

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FACTS: The Board of Directors of Mico Metals Corporation in a resolution authorized petitioners Lee and Sio to negotiate and secure the approval of commercial loans and other banking facilities and accommodations from respondent bank. MICO availed of several loans which were credited to its current checking account. In addition, MICO also applied for domestic and foreign letters of credit, which were negotiated and accepted by MICO as evidenced by corresponding bank drafts issued and trust receipts executed. ISSUE(S): Whether or not letters of credit and trust receipts are negotiable instruments. HELD: NO. Negotiable instruments which are meant to be…

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Province of Bataan v Villafuerte, Jr.; G.R. No. 129995; 19 Oct 2001; 367 SCRA 620

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FACTS: Respondent court ordered petitioner province to remit the lease rentals of a real property under litigation. The said amount was to be deposited in the name and/or account of the court to be held in escrow for the person or persons, natural or juridical, who may be finally adjudged lawfully entitled thereto. ISSUE(S): Whether or not a trial court may issue escrow orders. HELD: YES. The court’s authority proceeds from its jurisdiction and power to decide, adjudicate and resolve the issues raised in the principal suit. The deposit of the rentals in escrow with the bank, in the name…

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Solid Bank Corp. v Spouses Tan; G.R. No. 167346; 02 Apr 2007; 520 SCRA 123

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FACTS: Respondents’ representative deposited a total of ten checks with petitioner bank where respondents maintain an account. It was later found that one of the checks was not posted to respondents’ passbook. The duplicate deposit slip listing the checks deposited by their representative but it did not include the missing check. Petitioners subsequently learned that the check had cleared after it was inexplicably deposited in a different bank. The spouses filed a case for collection of a sum of money after the bank refused to pay them the amount of the check. ISSUE(S): Whether or not petitioner bank was negligent.…

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People v Ong; G.R. No. 93849; 20 Dec 1991; 204 SCRA 942

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FACTS: Accused Ong opened a savings account from which he was allowed to withdraw against uncleared checks and uncollected deposits on several occasions with the approval of his co-accused, the bank’s branch manager and cashier. When the bank presented eleven checks issued and deposited by the accused, they were all dishonored for lack or insufficiency of funds. ISSUE(S): Whether or not bank deposits are irregular deposits. HELD: YES. They are really loans because they earn interest. All kinds of bank deposits, whether fixed, savings, or current are to be treated [as] loans and are to be covered by the law…

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People v Sandiganbayan; G.R. No. 101724; 03 Jul 1992; 211 SCRA 241

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FACTS: Private respondent was charged in 1989 with a violation of Republic Act 3019 for acts allegedly committed in 1976. The Sandiganbayan granted his motion to quash on the ground of prescription. [Write a little the passage of BP 195, increasing prescription from 10 years to 15.] ISSUE(S): Whether or not Batas Pambansa Blg. 195, an amendatory law which increased prescription from 10 years to 15, is applicable to the case at bar. HELD: NO. To apply, BP 195 to private respondent would make it an ex post facto law for it would alter his situation to his disadvantage by…

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People v Ferrer; G.R. Nos. L-32613-14; 27 Dec 1972; 43 SCRA 381

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FACTS: Private respondents were among those charged with violations of the Anti-Subversion Act which outlawed the Communist Party of the Philippines and other “subversive associations,” and punishes any person who “knowingly, willfully and by overt acts affiliates himself with, becomes or remains a member” of the Party or of any other similar “subversive” organization. Respondent judge ruled that Act as unconstitutional for being a bill of attainder. ISSUE(S): Whether or not the Act is indeed a bill of attainder. HELD: NO. It is only when a statute applies either to named individuals or to easily ascertainable members of a group…

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Bayot v Sandiganbayan; G.R. Nos. L-61776-861; 23 Mar 1984; 128 SCRA 383

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FACTS: While petitioner and several of his co-accused were appealing their conviction for multiple counts of estafa, Batas Pambansa Blg. 195 was passed amending, among others, Section 13 of Republic Act No. 3019. Said amendatory law imposes suspension pendent lite of any public officer accused of offenses involving fraudulent use of public funds. ISSUE(S): Whether or not Section 13 of RA 3019, as amended, violates the constitutional prohibition against the enactment of ex post facto law. HELD: NO. Suspension from the employment or public office during the trial or in order to institute proceedings is not a penalty because it…

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Perez v CA; G.R. No. L-80838; 29 Nov 1988; 168 SCRA 236

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FACTS: Petitioner was charged with and convicted of the crime of consented abduction. He was later acquitted on appeal, the Court of Appeals ruling that he committed seduction and not abduction. Subsequently, private complainant filed another criminal complaint against him for qualified seduction. ISSUE(S): Whether or not the filing of a subsequent information arising from the same facts would place petitioner in double jeopardy. HELD: NO. Where two different laws (or articles of the same code) define two crimes, prior jeopardy as to one of them is no obstacle to a prosecution of the other, although both offenses arise from…

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Bogo-Medellin Milling Co. v Son; G.R. No. 80268; 27 May 1992; 209 SCRA 329

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FACTS: Petitioner Robert Hermosa and private respondent were charged with the crime of qualified theft of a large rubber tire. After their arraignment but before the prosecution could commence, the original judge discharged petitioner Hermosa from the information on the instance of petitioner Bogo-Medellin that he be utilized as a state witness against his co-accused. Before the hearing, original judge was replaced by respondent judge who ordered the reinstatement of petitioner Hermosa as co-accused in the case for qualified theft. ISSUE(S): Whether or not the reinstatement of petitioner as co-accused would place him in double jeopardy considering that his discharge…

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Martinez v CA; G.R. No. L-112387; 13 Oct 1994; 237 SCRA 575

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FACTS: Petitioner was charged with the crime of libel. At the instance of the City Prosecutor upon orders of the Department of Justice, the information was dismissed even before its arraignment. ISSUE(S): Whether or not the private complainant’s appeal of the dismissal would place petitioner in double jeopardy. HELD: NO. Appeal against the order of dismissal was not foreclosed by the rule of double jeopardy, said order having been issued before arraignment. Petition is DENIED.

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