Law Is Love

FACTS: On 26 November 1999, Makro and respondent Coco Charcoal executed a notarized Deed of Absolute Sale wherein the latter would sell its parcel of land, with a total area of 1,000 sqm and covered by TCT No. 208776, to the former for the amount of ₱8,500,000. On the same date, Makro entered into another notarized Deed of Absolute Sale with respondent Lim for the sale of the latter's land, with a total area of 1,000 square meters and covered by TCT No. 282650, for the same consideration of ₱8,500,000. Coco Charcoal and Lim's parcels of land are contiguous and parallel to each other. Aside from the technical descriptions of the properties in question, both deeds of sale contained identical provisions, similar terms, conditions, and warranties. In December 1999, Makro engaged the services of Engineer Josefina Vedua, a geodetic engineer, to conduct a resurvey and relocation of the two adjacent lots. As a result of the resurvey, it was discovered that 131 squ...

FACTS: On June 11, 1997, an Information for estafa was filed against herein petitioner Anamer D. Salazar and co-accused Nena Jaucian Timario with the Regional Trial Court of Legazpi City, docketed as Criminal Case No. 7474 . Upon arraignment, the petitioner, assisted by counsel, entered a plea of not guilty. Trial thereafter ensued. On October 15, 1996, petitioner Anamer Salazar purchased 300 cavans of rice from J.Y. Brothers Marketing Corporation, through Mr. Jerson Yao. As payment for these cavans of rice, the petitioner gave the private complainant Check No. 067481 drawn against the Prudential Bank, Legazpi City Branch, dated October 15, 1996, by one Nena Jaucian Timario in the amount of P214,000. Jerson Yao accepted the check upon the petitioner’s assurance that it was a good check. The cavans of rice were picked up the next day by the petitioner. Upon presentment, the check was dishonored because it was drawn under a closed account. The petitioner was informed of such dish...

FACTS: In an Information dated November 30, 1996, petitioner Rimberto Salvanera, together with Feliciano Abutin, Edgardo Lungcay and Domingo Tampelix, is charged with the murder of Ruben Parane. As per theory of the prosecution, petitioner was the alleged mastermind; Lungcay, the hired hitman; Abutin, the driver of the motorcycle which carried Lungcay to the place of the commission of the crime; while Tampelix delivered the blood money to the latter. All the accused have been arrested and detained, except Edgardo Lungcay who remained at-large. Respondent Lucita Parane is the spouse of victim Ruben Parane. On January 22, 1997, petitioner applied for bail. The prosecution, on March 4, 1997, moved for the discharge of accused Feliciano Abutin and Domingo Tampelix, to serve as state witnesses. In an Omnibus Order dated September 5, 1997, the trial court granted petitioner’s application for bail and denied the prosecution’s motion for the discharge of accused Abutin and T...

FACTS: Appellants were charged in the court  a quo  for violation the "Anti-Piracy and Highway Robbery Law of 1974." Accused Eduardo Ocimar, Alexander Mendoza, and Alfonso Bermudez were arraigned. With the assistance of counsel  de oficio , they pleaded "Not Guilty". The other accused were not arraigned because they could not be accounted for. Alberto Venzio Cruz, and Venzio Cruz  alias  "Boy Pana" were never arraigned as the former was never arrested, while the latter jumped bail before arraignment.  After the prosecution had already presented four witnesses, the prosecuting Fiscal moved for the discharge of accused Bermudez to be utilized as state witness. Although he had already entered a plea of guilt earlier, no judgment was as yet rendered against him. The trial court granted the motion of the prosecution for the discharge of Bermudez. After he testified for the prosecution, Bermudez was released. The trial court rendered judgment fin...

FACTS: On November 4, 1999, respondents were charged with Estafa Through Falsification of Public Document before the RTC of Cebu City, Branch 19, through a criminal information dated October 27, 1999, which was subsequently amended on November 18, 1999. The case, docketed as Criminal Case No. CBU-52248, arose from the falsification of a deed of real estate mortgage allegedly committed by respondents where they made it appear that Concepcion, the owner of the mortgaged property known as the Gorordo property, affixed her signature to the document. Earlier, on September 10, 1999, Concepcion, who was a resident of Cebu City, while on vacation in Manila, was unexpectedly confined at the Makati Medical Center due to upper gastro-intestinal bleeding; and was advised to stay in Manila for further treatment. On November 24, 1999, respondents filed a Motion for Suspension of the Proceedings in Criminal Case No. CBU-52248 on the ground of prejudicial question. They argued that Civil Cas...

FACTS: On February 10, 1999, petitioner Rodolfo Valencia was charged before the Sandiganbayan with violation of Section 3(e) of the Anti-graft and Corrupt Practices Act. Upon arraignment on April 13, 1999, petitioner pleaded not guilty. On March 24, 2003, the parties submitted a Joint Stipulation of Facts, to wit: 1. Valencia, had been the Governor of the Province of Oriental Mindoro, for having won in the gobernatorial race in the May 1992 local and provincial election; 2. During the 1992 election, Mr. Cresente Umbao of Pola, Oriental, Mindoro also ran for the position of councilor in the Municipality of Pola, Oriental Mindoro but he lost; 3. On October 17, 1992, Councilor Antonio Mercene, Jr. of Pola, Oriental, Mindoro died thus creating a permanent vacancy in the membership position of Sanguniang Bayan of Pola, Oriental Mindoro. 4. On December 1, 1992 then Governor Rodolfo G. Valencia of Oriental, Mindoro, appointed Cresente Umbao to the position of a councilor in the ...