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Showing posts with the label WAIVER OF RIGHTS

PEOPLE vs. MORIAL | G.R. No. 129295 | August 15, 2001

PEOPLE vs. MORIAL G.R. No. 129295, August 15, 2001    Facts Edwin Morial, Leonardo Morial and Nonelito Abinon were convicted of Robbery with Homicide. During the custodial investigation, Leonardo Morial made an extrajudicial confession admitting to the crime. However, later on, he recanted his confession saying that the police tortured him into admitting the crime. On appeal, Morial moved to quash the extrajudicial confession claiming that such confession was made without the assistance of counsel given him by the police was not present during the whole interrogation. He left to attend some personal matters while the interrogation of Morial was still going on. However, said attorney claimed that he was present when Morial signed the admission.    Issue   Whether or not the extrajudicial confession can be used as evidence against the accused.    Ruling The extrajudicial confession cannot be used against the accused. An accused under custodial interrogat...

F.F. CRUZ & CO., INC. vs. HR CONSTRUCTION CORPORATION | G.R. No. 187521 | March 14, 2012

F.F. CRUZ & CO., INC. vs. HR CONSTRUCTION CORPORATION G.R. No. 187521,  March 14, 2012    Facts     Sometime in 2004, FFCCI entered into a contract with the Department of Public Works and Highways (DPWH) for the construction of the Magsaysay Viaduct, known as the Lower Agusan Development Project. On August 9, 2004, FFCCI, in turn, entered into a Subcontract Agreement with HR Construction Corporation (HRCC) for the supply of materials, labor, equipment, tools and supervision for the construction of a portion of the said project called the East Bank Levee and CutOff Channel in accordance with the specifications of the main contract. Pursuant to the Subcontract Agreement, HRCC would submit to FFCCI a monthly progress billing which the latter would then pay, subject to stipulated deductions, within 30 days from receipt thereof.   The parties agreed that the requests of HRCC for payment should include progress accomplishment of its completed works as ap...

MICHAEL C. GUY vs. COURT OF APPEALS | G.R. No. 163707 | September 15, 2006

MICHAEL C. GUY vs. COURT OF APPEALS G.R. No. 163707, September 15, 2006    Facts On October 29, 1992, Sima Wei died in Makati City leaving an estate valued 10 million more or less. His known heirs are his spouse Shirley Guy with their children five children. On June 13, 1997, private respondents Karen Oanes Wei and Kamille Oanes Wei represented by their mother Remedios filed a petition for letters of administration before the Regional Trial Court alleging that they are duly acknowledged illegitimate children of Sima Wei. However, petitioner and co-heirs alleged that private respondent‘s claim had been paid, waived, abandoned, or otherwise extinguished by Remedios‘ June 7, 1993 Release and Waiver of Claim stating that in exchange for the financial and educational support received from petitioner, Remedios and her minor children discharge the estate of Sima Wei and any and all liabilities.   The petition was denied in the lower court and the motion for reconsidered dis...