G.R. No. L-1674 – 83 Phil. 548 – Criminal Law – Justifying Circumstance – Self-Defense In March 1945, Felix Somera, his two children, and their houseboy were on their way home when they were overtaken by Pablo Somera and Faustino Barnachea. Pablo shouted some invective against Felix and thereafter […]
Yearly Archives: 2014
G.R. No. 167683 – 551 Phil. 755 – 524 SCRA 320 – Criminal Law – Justifying Circumstances – Self-defense – Burden of Proof In January 1996, in Bauang, La Union, Federico Calica and Romeo Calica approached a group of men fencing their properties. The Calica’s went there to check […]
G.R. No. L-17194 – 12 SCRA 84 – Legal Ethics – Legal Profession – Attorney’s Fees – Services of a Lawyer-Politician In 1949, the testate estate of Numeriana Rallos owes the government a tax liability amounting to P130k. Simeon Rallos, the administrator of the said estate, was assisted by […]
G.R. No. L-1340 – 79 Phil. 345 – Labor Law – Labor Relations – Picketing – Illegal Picketing – Splitting of Unions Political Law – Constitutional Law – Freedom of Speech – Picketing In December 1946, the Bisig ng Canlubang Union (BCU) demanded from the Canlubang Sugar Estate (CSE) […]
G.R. No. L-68648 – 144 SCRA 421 – Labor Law – Social Legislation – Increased Risk Theory From 1976 to 1980, Martiniano Sarmiento had been working as a casual laborer in the Bureau of Agricultural Extension (BAE). Three years after his retirement, he filed a claim for disability compensation […]
G.R. No. 179868 – 624 Phil. 523 – 610 SCRA 529 – Labor Law – Social Legislation – Total Permanent Disability In May 2001, while Rizaldy Quitoriano was on duty as an employee (2nd Officer) aboard the foreign ship MV Trimnes, he experienced some numbness and weakness with severe […]
G.R. No. L-7586 – 100 Phil. 789 – Labor Law – Labor Relations – Labor Rights – Picketing Political Law – Constitutional Law – Freedom of Speech Narcisa De Leon was the owner of a parcel of land where the Dalisay Theater stands. She does not own the building. […]
Or should there be a 2015 Bar exams at all? I know it’s kind of early to tell but since a lot of universities are adjusting the start of their school year from the traditional June-March academic year to August-May, I think the 2015 bar exams should also be […]
A.M. No. MTJ-09-1736 – 654 SCRA 268 – Legal Ethics – Judicial Ethics – Conduct of Judges – Impropriety In November 2007, the cars of Atty. Conrado Gandeza, Jr. and Paul Casuga collided with each other. Later at the scene of the collision, Judge Maria Clarita Tabin arrived. She […]
G.R. No. 79578 – 195 SCRA 147 – Civil Law – Torts and Damages – Award of Exemplary Damages In January 1983, the spouses Flores and Minerva Timan sent a telegram to their relatives Mr. and Mrs. Midoranda to express their condolences to the latter spouses. The Timans used […]
G.R. No. 189871 – 703 SCRA 439 – Civil Law – Torts and Damages – Actual and Compensatory Damages – Legal Rate of Interest is 6% per annum Labor Law – Post-Employment – Illegal Dismissal – Computation of Monetary Benefits Dario Nacar filed a labor case against Gallery Frames […]
G.R. No. L-67649 – 162 SCRA 753 – Taxation Law – General Principles – Set-off of Taxes Not Allowed Engracio Francia was the owner of a 328 square meter land in Pasay City. In October 1977, a portion of his land (125 square meter) was expropriated by the government […]
A.M. No. MTJ-09-1729 – 596 Phil. 405 – 576 SCRA 382 – Remedial Law – Summary Procedure – Warrant of Arrest – Notice to the Accused Legal Ethics – Judicial Ethics – Abuse of Authority In 2006, a criminal case was filed against Noryn Tan for estafa in the […]
G.R. No. L-47745 – 243 Phil. 468 – 160 SCRA 315 – Civil Law – Torts and Damages – Article 2180 – Liability of Schools of Arts and Trades and Academic Schools – Liability of Teachers and Heads of School In April 1972, while the high school students of […]
Below are links to the landmark cases decided by the Supreme Court in determining the liability of a school for the tortious act committed by its employees and students. As far as the tortious acts of students are concerned, the school is only subsidiarily liable. The controlling case is […]
G.R. No. L-21438 – 124 Phil. 722 – 18 SCRA 155 – Civil Law – Torts and Damages – Liability – Culpa Aquiliana – Culpa Contractual Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exception; Res Gestae – Startling Event In March 1958, Rafael Carrascoso and […]