G.R. No. 176484 – 592 Phil. 318 – 571 SCRA 585 – Labor Law – Labor Relations – Labor Standards – Strike – Managerial Employees – Power of Control – Illegal Dismissal Ronaldo Lanzanas and Merceditha Lanzanas are doctors employed by Calamba Medical Center, Inc. They are given a […]
Monthly Archives: November 2010
263 posts
G.R. No. 154380 – 509 Phil. 108 – 472 SCRA 114 – Civil Law – Family Code – Article 26 of the Family Code – Divorce On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, […]
G.R. No. 133743; G.R. No. 134029 – 543 Phil. 275 – 514 SCRA 294 – Civil Law – Family Code – Retroactive Effect of Article 26 of the Family Code During his lifetime, Felicisimo San Luis (Rodolfo San Luis’s dad) contracted three marriages. His first marriage was with Virginia […]
A.M. No. MTJ-96-1088 – 259 SCRA 129 – Civil Law – Family Code – Law on Marriage – Presumptive Death; Absent Spouse – A lower court judge cannot solemnize marriage outside his jurisdiction Rodolfo Navarro was the Municipal Mayor of Dapa, Surigao del Norte. He submitted evidence in relation […]
G.R. No. 160172 – 568 Phil. 724 – 545 SCRA 162 – Civil Law – Family Code – Marriages; Void ab initio marriages Reinel and Annabelle met and became sweethearts in 1991. They applied for a marriage license in Pasig City in September 1994. They had their first sexual […]
G.R. No. 150758 – 423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas in 1990. The two lived together continuously and without interruption until the later part of […]
A.M. No. 133-J – 199 Phil. 300 – 114 SCRA 77 – Political Law – Abrogation of Political Laws – Change of SovereignLegal Ethics – Judicial Ethics – Property Dealings of Judges Involving a Litigant’s PropertyCivil Law – Law on Sales – Contract of Sale – Subject Matter Under […]
G.R. No. 122156 – 335 Phil. 82 – 267 SCRA 408 – Political Law – Constitutional Law – Supremacy of the Constitution – Filipino First PolicySelf-Executing Provisions of the Constitution – Par. 2, Sec. 10, Art. XII Pursuant to the privatization program of the government, the Government Service Insurance […]
Article 1460 of the Civil Code provides: A thing is determinate when it is particularly designated or physically segregated from all others of the same class. The requisite that a thing be determinate is satisfied if at the time of the contract is entered into, the thing is capable […]
1. Consent – this is the meeting of the minds of both parties, i.e., consent to transfer ownership in exchange for the price. 2. Subject Matter – this should be determinate. A thing is considered determinate if when it is particularly designated or physically segregated from all others of […]
I. Contract of sale (absolute) real obligation obligation to give remedies available: specific performance rescission damages II. Contract to sell (conditional) personal obligation obligation to do remedies available: rescission damages
Under the system of Katarungan Pambarangay, they are: 1. Where one party is the government 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000 […]
For offenses which require a preliminary investigation, the criminal action is instituted by filing the complaint for preliminary investigation. The criminal action is commenced when the complaint or information is filed in court.
The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless otherwise provided in special laws. The rule does not apply to violations of municipal ordinances and special laws. The prescriptive periods for violations of special laws are interrupted only by […]
It is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss a case or grant other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for […]
Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the MTC or […]