GG LAWYER

STRONGHOLD INSURANCE COMPANY, INC. vs. TOMAS CUENCA, MARCELINA CUENCA, MILAGROS CUENCA, BRAMIE T. TAYACTAC, and MANUEL D. MARANON, JR. G.R. No. 173297, March 6, 2013 FACTS: Marañon filed a complaint with an application for the issuance of a writ of preliminary attachment in the RTC against the Cuencas and Tayactac for the collection of a sum of money and damages. The RTC granted the application for the issuance of the writ of preliminary attachment conditioned upon the posting of a bond of P1 Million executed in favor of the Cuencas. Marañon posted bond in the amount of P1 Million issued by Stronghold Insurance. Enforcing the writ of preliminary attachment, the sheriff levied upon the equipment, supplies, materials and various other personal property belonging to Arc Cuisine, Inc., to which the respondents where stockholders. But the levied properties were ordered by the CA to be delivered back to the Cuencas and Tayactac due to the damages sustained from the enforceme...

VICTORIO P. DIAZ vs. PEOPLE OF THE PHILIPPINES AND LEVI STRAUSS [PHILS.], INC. G.R. No. 180677, February 18, 2013 FACTS: Victoria Diaz was charged with violation of Section 155, in relation to Section 170, of RA 8293, or the Intellectual Property Code. He allegedly sells counterfeit LEVI’S 501 jeans in his tailoring shops in Almanza and Talon, Las Piñas City. The RTC found Diaz guilty as charged. Diaz appealed, but the CA dismissed the appeal on the ground that Diaz had not filed his appellant’s brief on time despite being granted his requested several extension periods. ISSUE: Whether the CA properly dismissed the appeal of Diaz due to the late filing of his appellant’s brief. RULING: Yes. The SC held that the CA properly dismissed the appeal. According to the SC, the usage of the word may in Section 1(e) of Rule 50 indicates that the dismissal of the appeal upon failure to file the appellant’s brief is not mandatory, but discretionary. Verily, the fai...

BAYAN v. ERMITA GR Nos. 169838,169848, 169881 En Banc; April 25, 2006 Azcuna, J. FACTS: Several rallies were organized and participated by the petitioners, Bayan, Jess del Prado, KMU, etc on September 26, October 5, and October 6, 2005. According to the petitioners, these rallies were violently dispersed and several participants were injured, arrested and detained by the policemen implementing B.P. 880 and the Calibrated Preemptive Response policy issued by the Malacanang. All petitioners assail Batas Pambansa No. 880, some of them in toto and others only Sections 4, 5, 6, 12, 13(a), and 14(a), as well as the policy of CPR. They seek to stop violent dispersals of rallies under the no permit, no rally policy and the CPR policy recently announced. BATAS PAMBANSA BLG. 880; KEY PROVISIONS; ·          Public Assembly Act Of 1985 ·          An Act Ensuring the Free Exerci...

Legal Principle: Dacion en Pago Dacion en pago is a special mode of payment whereby the debtor offers another thing to the creditor who accepts it as equivalent of payment of an outstanding obligation.  The undertaking is really one of sale, that is, the creditor is really buying the thing or property of the debtor, payment for which is to be charged against the debtor's debt. As such, the essential elements of a contract of sale, namely, consent, object certain, and cause or consideration must be present.  It is only when the thing offered as an equivalent is accepted by the creditor that novation takes place, thereby, totally extinguishing the debt.