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Suspension of Atty. Rogelio Z. Bagabuyo, former Senior State Prosecutor | Adm. Case No. 7006 | 9 October 2007

Facts : Administrative case stemmed from the events of the proceedings in Criminal Case No. 5144: People v. Luis Plaza. Plaza was accused of murdering a policeman. Criminal case was originally raffled to the sala of Judge Buyser. Buyser denied the Demurrer to the Evidence of the accused, declaring that evidence presented was sufficient to prove the crime of homicide but not murder. Counsel for Plaza filed a Motion to Fix Amount of Bail, but Senior State Prosecutor Bagabuyo (who was in charge of the case) objected thereto on the ground that the original charge of murder was not subject to bail (Rules of Court). Judge Buyser inhibited himself from trying the case because of the “harsh insinuation” of Bagabuyo that he “lacks the cold neutrality of an impartial magistrate” by allegedly suggesting the filing of the motion to fix the amount of bail. Case was transferred to Judge Tan, who fixed the amount of bail at P40,000. Instead of availing of judicial remediess, Bagabuyo ca...
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Case Digests for Assigned Articles of the Family Code

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Articles 377 and 378. Yasin V. Sharia District Court G.R. No. 94986, 23 February 1995 FACTS: On 5 May 1990, Hatima C. Yasin filed in the Shari'a District Court in Zamboanga City a "Petition to resume the use of maiden name.” The respondent court ordered amendments to the petition as it was not sufficient in form and substance in accordance Rule 103, Rules of Court, regarding the residence of petitioner and the name sought to be adopted is not properly indicated in the title thereof which should include all the names by which the petitioner has been known. Hatima filed a motion for reconsideration of the aforesaid order alleging that the petition filed is not covered by Rule 103 of the Rules of Court but is merely a petition to resume the use of her maiden name and surname after the dissolution of her marriage by divorce under the Code of Muslim Personal Laws of the Philippines, and after marriage of her former husband to another woman. The respondent court denie...
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Case Digest for Article 91 of the Family Code: Munoz v. Ramirez and Carlos

FRANCISCO MUÑOZ, JR., Petitioner, v. ERLINDA RAMIREZ and ELISEO CARLOS, Respondents G.R. No. 156125, 25 August 2010 FACTS: The residential lot in the subject property was registered in the name of Erlinda Ramirez, married to Eliseo Carlos (respondents). On 6 April 1989, Eliseo, a Bureau of Internal Revenue employee, mortgaged said lot, with Erlinda’s consent, to the GSIS to secure a P136,500.00 housing loan, payable within twenty (20) years, through monthly salary deductions of P1,687.66. The respondents then constructed a thirty-six (36)-square meter, two-story residential house on the lot. On 14 July 1993, the title to the subject property was transferred to the petitioner by virtue of a Deed of Absolute Sale, dated 30 April 1992, executed by Erlinda, for herself and as attorney-in-fact of Eliseo, for a stated consideration of P602,000.00. On 24 September 1993, the respondents filed a complaint with the RTC for the nullification of the deed of absolute sa...
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