G.R. Nos. 143760-63 – 404 SCRA 580 – Criminal Law – Book 1 – Aggravating Circumstance – Relationship Romeo Manluctao was indicted four times for the rape of his own daughter, Marcelina Manluctao. He was positively identified by his daughter who was then a minor. Also the minor child gave birth to […]
Monthly Archives: August 2011
28 posts
G.R. No. 149368 – 427 SCRA 528 – Criminal Law – Book 1 – Aggravating Circumstances – Recidivism – Aggravating Circumstance/s must be alleged in the Information One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for someone. Later Francisco Dacillo, called her to his house. Then the people in […]
G.R. No. 108381 – 327 SCRA 269 – Criminal Law – Book I – Aggravating Circumstances – Taking Advantage of Public Position On June 20, 1988, around 11:30 pm in Basco, Batanes, Amadeo Acaya arrived in a baptismal party. As he was drunk, he flaunted that he is one of […]
G.R. No. 132323 – 336 SCRA 319 – Criminal Law – Book 2 – Crimes Against Property – Elements of Estafa Earnst Georg Holzer was accused of Estafa. Holzer borrowed P100k from Bernhard Forster. As security, he then issued a postdated check. Holzer informed Forster not to deposit the check […]
G.R. No. 140513 – 461 Phil. 471 – Criminal Law – Book 1 – Aggravating Circumstances – Evident Premeditation On December 25, 1996, Alfredo Timgas joined a cockfight. He let his brother-in-law Bienvenido de la Cruz install the gaff on his game cock. Unknown to Timgas, de la Cruz betted […]
Labor legislation consists of statutes, regulations, and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. This definition provides the divisions of labor legislation i.e. labor standards and […]
It is the law governing the rights and duties of employers and employees, first with respect to the terms and conditions of employment, and second, with respect to the labor disputes arising from collective bargaining respecting such terms and conditions. The major divisions of Labor Law are: The Law […]
Labor Relations Law is that which defines the status, rights, and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees, or their representatives. Stated otherwise: It is that body of statutes, rules, principles and doctrines that governs the rights and duties of workers […]
Labor Standards Law is that which sets out the minimum terms, conditions, and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. Labor standards, as defined more specifically by jurisprudence, are the minimum requirements prescribed by […]
It pertains to: The exertion by human beings of physical or mental efforts, or both, towards the productions of goods and services. That sector or group in a society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction (Mendoza, 2001). […]
All the proceedings had shall be considered a nullity. A judgment rendered is not a bar to subsequent prosecutions or indictments. Lack of jurisdiction over the offense can be raised at any stage of the proceedings. Where the court has no jurisdiction over the offense or subject matter, the […]
Social Legislation consists of laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. How does Social Legislation differ with Labor Legislation/Law? Note: As per Azucena, “If distinction must be stressed at all [between labor legislation and social legislation], it […]