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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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Article Explanation: Articles 209, 210, 211, 212 and 213 of the Family Code

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n) Explanation: Paternal authority patria petestas is the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after this under certain circumstances. The article emphasizes that pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility includes: (a) the caring for and rearing of such children for civic consciousness and efficiency; and (b) the development of their moral, mental and physical character and well-being. Art. 210. Parental authority and responsibilit...
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