Knowledge Base
Every question BART has answered, pinned up and indexed by topic.
Remedial Law
A party files a Rule 45 petition for certiorari against a final and executable RTC judgment,...
Legal Analysis: Rule 45 Certiorari Against a Final and Executory RTC Judgment I. Summary of the Legal Issue
Read full case brief → Remedial LawThe Sangguniang Panlalawigan of Isabela issued a Resolution authorizing its Governor to enter...
Legal Opinion: Forum Shopping and Litis Pendentia in the Isabela JVA Dispute Summary of the Legal Issue
Read full case brief → Remedial LawAnita filed a case for carnapping and estafa against Momo. After the prosecution presented its...
Legal Analysis: Jurisdiction over the Person of Momo in a Rule 65 Petition I. SUMMARY
Read full case brief → Remedial LawTo raise capital for his real estate business, Alfie borrowed money from Deng in the total...
Legal Analysis: Execution of Money Judgment Despite Acquittal in B.P. Blg. 22 Case I. Summary
Read full case brief → Remedial LawBabes and Nitoy were charged with robbery with homicide, and destructive arson. When arraigned,...
Legal Analysis: Discharge of Nitoy as State Witness I. Summary of the Legal Issue
Read full case brief → Remedial LawPolice Officer 1 Jun Dragon (PO1 Dragon) saw Don violating a traffic rule by driving in the...
Admissibility of Firearm Found During Search Incident to Lawful Arrest I. Summary of the Legal Issue
Read full case brief → Remedial LawSenator Voaya was charged before the Sandiganbayan with the crime of plunder for allegedly...
Legal Issue: Propriety of Writ of Preliminary Attachment in Plunder Cases I. Summary
Read full case brief → Remedial LawIn March 2023, Dr. Charm obtained a PHP 5 million loan from Money Bank to finance the expansion...
Legal Analysis: Right to File Collection Action Despite Pending Extrajudicial Foreclosure Summary of the Legal Issue
Read full case brief → Remedial LawAres leased a warehouse from Athena for a fixed term under a written rental agreement. After...
Legal Issue Whether Minerva may present a forensic handwriting expert to prove that Athena's signature on Annex "A" (the purported lease extension) is a forgery, despite her failure to specifically deny under oath the genuineness and due…
Read full case brief → Remedial LawEliana, a resident of Quezon City, filed a Complaint for the collection of PHP 1.8 million...
Legal Analysis: Two-Dismissal Rule Under Rule 17, Section 1 of the Rules of Court Summary
Read full case brief → Remedial LawA final judgment for recovery of possession of land was rendered in favor of Cristiano against...
Legal Analysis: Terceria vs. Independent Action for Injunction in Execution of Judgment I. Summary of the Legal Issue
Read full case brief → Remedial LawKosmos Travel Services, Inc. (Kosmos) purchased several airline tickets from Universe Tours,...
Analysis of Remedial Law Questions Question 1: Kosmos Travel Services, Inc. vs. Universe Tours, Inc.
Read full case brief → Remedial LawIn an ejectment suit, Nikka secured a writ of execution against Christian, a tenant in one of...
Legal Issue: Remedies from a Judgment of Indirect Contempt in an Ejectment Case Summary Christian was found guilty of indirect contempt for refusing to vacate the premises despite a writ of execution in an ejectment suit. The question is…
Read full case brief → Remedial LawRepresentative Raul Dominguez (Representative Dominguez), a member of the Commission on...
Admissibility of "Disappearing" Electronic Messages as Evidence Summary of the Legal Issue
Read full case brief → Remedial LawDifferentiate factum probans vs. factum probandum.
Summary of the legal issue: This is a foundational distinction in Philippine Evidence Law (covered under Rule 128-134 of the Rules of Court). The concepts are Latin legal terms describing different layers of facts in any litigation: what…
Read full case brief → Remedial LawShan and Chesky were married in Manila. They have three (3) minor daughters. Because of a...
Legal Issue: Jurisdiction Over Habeas Corpus Petitions Involving Custody of Minors Summary
Read full case brief → Remedial LawJudge Ser teaches in a business school owned and operated by Dean Susan, a law practitioner...
Legal Issue: Judicial Ethics — Outside Activities and Benefits from a Practicing Lawyer Summary Yes, Judge Ser committed ethical infractions. A sitting judge who accepts an all-expense paid foreign trip from a law practitioner with a wide…
Read full case brief → Remedial LawIn pursuance of its advocacy against government corruption, the Samahan ng mga Manananggol sa...
Administrative Liability of Atty. Martir: Picketing and Hunger Strike as Improper Pressure on a Quasi-Judicial Body Summary of the Legal Issue
Read full case brief → Remedial LawAtty. Gandha joined the Bb. Pilipinas competition where she walked the pageant stage in...
LEGAL ANALYSIS: LAWYER'S PARTICIPATION IN BEAUTY PAGEANT WITH PROFESSIONAL ANNOUNCEMENTS SUMMARY
Read full case brief → Remedial LawAtty. Panalo and Atty. Galiling were recent Bar passers. They both decided to join the Public...
Legal Analysis: Motion to Disqualify Atty. Galiling for Conflict of Interest Summary of the Issue
Read full case brief → Remedial LawAfter a lengthy preliminary investigation of flood control projects in the Province of Timbog...
Drafting the Accusatory Portion of an Information for Violation of Section 3(e), RA 3019 Summary of the Legal Issue
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