Posts

BAYAN v. ERMITA

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...

DIGEST: Coca-Cola v. Sps. Bernardo, G.R. No. 190667, November 07, 2016

DIGEST: Ching v. Quezon City Sports Club, G.R. No. 200150, November 07, 2016

DIGEST: Cabanting v. BPI, G.R. No. 201927, February 17, 2016

DIGEST: Zalamea v. Atty. De Guzman, A.C. No. 7387, November 7, 2016

DIGEST: Sps. Limso v. PNB, et. al, G.R. No. 158622, January 27, 2016

DIGEST: Dacion en Pago (dation in payment)

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.