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Jan 14, 2024 · G.R. No. 208912. December 07, 2021 (Case Brief / Digest) Facts: In 2003, Rodolfo C. Aquino petitioned for letters of administration for the estate of his deceased father, Miguel T. Aquino, who died intestate leaving behind properties. Rodolfo claimed that the estate was to be divided among Miguel’s second wife, two sons with his first wife ...
civil law amadea angela k. aquino v. rodolfo c. aquino and abdulah c. aquino g.r. no. 208912, 07 december 2021, en banc, (leonen, j.) rodolfo c. aquino v.
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In the first place, the Court recalls that the framework decision sets out, first, the grounds for mandatory non-execution of an EAW, 12 and second, the grounds for optional non-execution 13 which the Member States are free to transpose or not into their domestic law. Nevertheless, where the latter are transposed, the Member States may not provide ...
In reaching that conclusion, the Court recalls that the Dublin III Regulation 17 provides that a person who is the subject of a transfer decision is to have the right to an effective remedy against that decision and that that remedy must cover, inter alia, the examination of the application of that regulation. It also recalls that it has previously...
In the first place, the Court notes that the conclusion of a contract of insurance against civil liability in respect of the use of a motor vehicle is, in principle, compulsory for a vehicle registered in a Member State, which is on private land and is to be destroyed in accordance with the choice of its owner, even where that vehicle is not, at a ...
The Court notes, first of all, that a ‘mobile satellite system’ does not necessarily have to be principally based, in terms of capacity of transmitted data, on the satellite component of that system. The relevant provisions of the MSS decision do not define, in terms of capacity of transmitted data, the relationship between the satellite component ...
After verifying whether the ECB had adopted measures to comply with the judgment in Crédit agricole v ECB which annulled its original decision, the General Court examined the methodology that the ECB imposed on itself by merely setting out a rule indicating the conduct it would follow. It stated that such a methodology cannot be treated as the adop...
As a preliminary point, the Court recalls that the purpose of the Directive on public access to environmental information is to ensure that citizens have access to environmental information held by the public authorities of the Member States. However, it allows the latter to exclude from the scope of that directive public authorities when acting ‘i...
The Court observed, first of all that, in respect of a decision relating to a specific individual, evidence of the point at which the person concerned had knowledge of such a decision, which marks the beginning of the periods for submitting a complaint and bringing an action, as laid down in Articles 90 and 91 of the Staff Regulations of Officials ...
Appeal – State aid – Measures adopted by a consortium of banks governed by private law for the benefit of one of its members – Measures authorised by the Central Bank of the Member State – Concept of ‘State aid’ – Whether imputable to the State – State resources – Evidence supporting the conclusion that a measure is imputable – Distortion of elemen...
The Court, first, recalls that, in order for it to be possible to classify advantages as ‘aid’ within the meaning of Article 107(1) TFEU, they must be granted directly or indirectly through State resources and be imputable to the State. As regards, specifically, the imputability to the Italian authorities of the measures adopted by the FITD for the...
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Jan 11, 2024 · G.R. No. 214016. November 24, 2021 (Case Brief / Digest) Title: Jhonna Guevarra et al. vs. Jan Banach. Facts: Jan Banach, a German national, engaged in a romantic relationship with Jhonna Guevarra with the intention of marriage. Banach portrayed himself as “Roger Brawner,” a divorced man, which later turned out to be a lie—he was, in fact ...
Jan 28, 2024 · April 28, 2021 (Case Brief / Digest) G.R. No. 240447. April 28, 2021 (Case Brief / Digest) ### Title: People of the Philippines vs. Jamal Rangaig y Ampuan, Saad Makairing y Lonto, and Michael Juguilon y Solis. ### Facts: This case concerns Jamal Rangaig, Saad Makairing, and Michael Juguilon, who were convicted for violations of RA 9165 ...
Lord Wilson Lord Carnwath Lord Lloyd-Jones. Refused 27 November 2018. Permission to appeal be refused because there is no risk that a serious miscarriage of justice has occurred in this case. Ius Ad Vitam Association (Appellant) v State of Mauritius and others (Respondents) (Mauritius) JCPC 2018/0061.
DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW 3 D. Over the res or property in litigation o Ferdinand Marcos, Jr, v. Republic, G.R. No. 189505, March 12, 2014 E. Jurisdiction of Courts
