G.R. No. 170112 – 576 Phil. 549 – 553 SCRA 590 – Labor Law – Labor Relations – Labor Unions – Collective Bargaining Agreements – Agency Fee to be Deducted from Non-Union Members who Benefited In September 1994, the Del Pilar Academy and the Del Pilar Academy Employees Union […]
Yearly Archives: 2014
G.R. No. L-961 – 84 Phil. 569 – Legal Ethics – Existence of Attorney-Client Relationship – Conflict of Interest – A lawyer cannot represent opposing claims In April 1945, Blandina Hilado filed a complaint to have some deeds of sale annulled against Selim Assad. Attorney Delgado Dizon represented Hilado. […]
G.R. No. 159553 – 564 Phil. 513 – Labor Law – Labor Relations – Labor Unions; Certification Election – Voting Rights of Dismissed Employees In November 2001, a certification election was held at Yokohama Tire Philippines, Inc. to certify the Yokohama Employees Union. A total of 401 votes were cast […]
G.R. No. 127553 – 346 Phil. 1014 – 282 SCRA 326 – Labor Law – Post-Employment – Termination; Due Process – Just Causes Political Law – Constitutional Law – Bill of Rights; Right to Counsel In June 1995, the security guards of N.C. Construction Supply caught an employee stealing from […]
G.R. No. 155679 – 540 Phil. 269 – 511 SCRA 247 – Labor Law – Labor Relations – Illegal Strike – Welga ng Bayan On October 24, 1990, the labor sector staged a “welga ng bayan” to oppose the oil price hike. The labor unions operating in Biflex Phils. […]
A.C. No. 3195 – 259 Phil. 669 – 180 SCRA 246 – Legal Ethics – Lawyer’s Duties to His Client – Due Diligence In 1987, the sisters Ma. Libertad Cantiller and Peregrina Cantiller lost an ejectment case. The two were later introduced by a friend to Atty. Humberto Potenciano. […]
G.R. No. 126477 – 356 Phil. 780 – 295 SCRA 463 – Remedial Law – Civil Procedure – Service of Summons; Extraterritorial Service – Foreign Corporation Doing Business in the Philippines In May 1992, the Ludo & Luym Oleochemical Co. (LLOC) filed a complaint against French Oil Mill Machinery Co., […]
A.C. No. 381 – 130 Phil. 510 – 22 SCRA 491 – Legal Ethics – High Degree of Irresponsibility a Ground for Disbarment In 1957, the spouses Emilio and Cirila Capulong lost a civil case. They were represented by Atty. Manuel Aliño. The spouses then gave P298.00 (then a significant […]
G.R. No. 120528 – 403 Phil. 340 – Civil Law – Credit Transactions – Pledge – Deposit – Agency In 1985, Mike Abella rented a house owned by Atty. Dionisio Calibo, Jr. Meanwhile, Dr. Pablo Abella, Mike’s father, entrusted to Mike a tractor. Pablo delivered the tractor to Mike […]
G.R. No. 162324 – 597 Phil. 616 – 578 SCRA 34 – Labor Law – Labor Relations – Collective Bargaining Agreement; Construction and Interpretation In the year 2000, the Flour Division and the SFI Feeds Division of the RFM Corporation entered into a collective bargaining agreement (CBA) with the […]
G.R. No. L-45192 – 61 Phil. 724 – Legal Ethics – Respect to the Courts – Use of Temperate Language In 1935, Atty. Vicente Francisco was the counsel for Felipe Salcedo in a case entitled Felipe Salcedo vs Francisco Hernandez. Salcedo lost in that case and Atty. Francisco filed a […]
G.R. No. 119205 – 351 Phil. 1013 – 289 SCRA 86 – Labor Law – Labor Relations – Management Prerogative The workers of Sime Darby Pilipinas, Inc. have an 8-hour daily schedule which starts at 7:45 am and ends at 3:45 pm. They have a 30-minute paid lunch break […]
G.R. No. 131523 – 355 Phil. 932 – 294 SCRA 505 – Labor Law – Labor Standards – Separation Pay – When Available In April 1994, Nenita Medelyn resigned as chief accountant for Travelaire and Tours Corporation. In January 1995, she filed a labor case against Travelaire for the […]
G.R. No. L-1377 – 80 Phil. 842 – Labor Law – Labor Standards – Minimum Wage; Defined – Who are covered Sometime in the mid-1940’s, seventy-six drivers and laborers who were members of the Leyte Farmer’s and Laborer’s Union (LFLU), staged a strike against the Leyte Land Transportation Company, […]
A.C. No. 8158 – 627 Phil. 284 – 613 SCRA 472 – Legal Ethics – Code of Professional Responsibility – Neglect of Duties – Failure to Account In 2005, Atty. Elmer Solidon engaged the services of Atty. Ramil Macalalad for the latter to handle the judicial titling of a parcel of […]
G.R. Nos. 148712-15 – 465 Phil. 477 – 420 SCRA 520 – Criminal Law – Qualifying Circumstance; Treachery – Aggravating Circumstance; Ignominy – Accomplices; Elements At around 6pm on December 28, 1999, in Bauang, La Union, two armed men entered the house of Jessie Barnachea, then 12 years old. Jessie was […]