G.R. No. 56515 – 104 SCRA 17 – Political Law – Constitutional Law – Equal Protection – Access to Media In 1981, the Batasang Pambansa proposed amendments to the 1973 Constitution. The amendments were to be voted upon in a plebiscite for the people’s approval/disapproval. The YES vote was […]
Monthly Archives: November 2010
263 posts
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. It may be ordinary or special.
A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.
Where a person who works for another does so more or less at his own pleasure and is not subject to definite hours or conditions of work, and is compensated according to the result of his efforts and not the amount thereof, the element of control is absent. **Definition […]
The 4 fold test includes: 1. Whether or not employer conducted the selection and engagement of the employee. 2. Whether or not there is payment of wages to the employee by the employer. 3. Whether or not employer has the power to dismiss employee. 4. Whether or not the […]
Regular Employee Defined: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activity in which […]
Field Personnel Defined Field personnel are those who regularly perform their duties away from the principal place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. ** Definition from Far East vs Uy.
Definition of Service Incentive Leave Service incentive leave is a right which accrues to every employee who has served within 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as […]
No. A complaint presented by a private person when not sworn to by him is not necessarily void. The want of an oath is a mere defect of form which does not affect the substantial rights of the defendant on the merits.
1. To afford adequate protection to constitutional rights of the accused 2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. Where there is a prejudicial question which is subjudice 4. When the acts of the officer are without or in […]
No. Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of society.
No, a criminal action cannot lie against a juridical person. It the corporation violates the law, the officer, through whom the corporation acts, answers criminally for his acts.
No. The right to file a criminal action is personal and abates upon the death of the offended party. It is not transmissible to the heirs.
The offended party is the person actually injured or whose feeling is offended. He is the one to whom the offender is also civilly liable under Article 100 of the Revised Penal Code of the Philippines.
G.R. NO. 145271 – 463 SCRA 331 – Labor Law – Labor Standards – Indirect Employer – Labor Only Agency Rogelio Benamira et al were security guards who worked for PSI (People’s Security, Inc.). PSI was the security agency contracted by MERALCO (Manila Electric Company). The contract between PSI […]