A.C. No. 620 – 155 Phil. 33 – 56 SCRA 30 – Legal Ethics – Duty of a lawyer to update his client of the status of the case Jose Alcala engaged the services of Atty. Honesto De Vera to defend him in a civil case. On April 17, […]
Yearly Archives: 2015
62 posts
We have seen the MCQ come and go. Prior to that, we have seen memorandum writing and opinion writing too in the 2011 bar exams. These innovations were supposedly introduced in order to increase the bar exams passing rate. Interestingly though, and perhaps even ironically, even though the 2011 […]
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered […]
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due […]
The general rule is that all available administrative remedies must be availed of or exhausted first before resorting to judicial remedies. Thus: …no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted. The rationale behind the doctrine of […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered […]
G.R. No. L-45043 – 63 Phil. 369 – Criminal Law – Crimes Against Property – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he took consisted of some clothing, a wallet, a comb, a watch, […]
G.R. No. L-59847 – 203 Phil. 23 – 117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available work for employees. As a result, the labor union therein, the Philippine […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets […]
G.R. Nos. 79937-38 – 252 Phil. 280 – 170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the Quezon City RTC. In the body of his complaint, Tiong claimed […]
G.R. No. 202666 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January 2012, Angela Tan, a high school student at St. Theresa’s College […]