G.R. No. 213488 – 798 Phil. 121 – Labor Law – Labor Standards – Wages – Commissions are part of wages Jurisdiction and Reliefs – Evidence – Burden of Proof of payment of wages is on employer Vilma De Peralta was an Insurance Sales Executive at Toyoya Pasig. In 2012, […]
Howard
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G.R. No. 225010 – 843 Phil. 759 – Criminal Law – Book II – Crimes Against Honor – Libel – Religious Freedom Elements of Libel – Victim must Be Identifiable In July 1998, Eliseo Soriano, head of the Ang Dating Daan was indicted for two counts of libel. The accusations […]
G.R. No. 203284 – 799 Phil. 449 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage […]
G.R. No. 117321 – 349 Phil. 874 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
G.R. No. 171672 – 752 Phil. 424 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two of […]
G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received […]
The updated Rules of Court made use of the term “Litigious Motion” to describe motions that needed to be heard before they are resolved by the court. “Litigious” somehow feels and sounds off. We are used to hearing and using “Litigated Motion”. In fact, the Supreme Court in several decided […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 155483 April 27, 2007 HEIRS OF PEDRO PASAG, represented by EUFREMIO PASAG; HEIRS OF MARIA PASAG, represented by EPIFANIA LUMAGUI; HEIRS OF JUANITA PASAG, represented by ASUNCION ORTIOLA; HEIRS […]
G.R. No. 155483 – 550 Phil. 571 – 522 SCRA 410 – Remedial Law – Civil Procedure – Formal Offer Must Be Filed On Time – A written formal offer is a litigated motion In 1996, the Heirs of Pedro Pasag filed a Complaint for Declaration of Nullity of Documents […]
A concubine or a paramour, often called a homewrecker, may be sued for damages for taking away a husband or a wife away from their spouse and their children. This is other than their respective criminal liability, if any, together with the erring spouse. The basis for the damage suit […]
Lately we have seen several arrests being made against persons allegedly threatening the President. News reports tell us that those persons might be charged with grave threats and/or inciting to sedition. Those types of cases may be filed by the appropriate agencies other than the President. Whether or not those […]
This is the import of the case of California Clothing, Inc. vs Shirley Quiñones (G.R. No. 175822, 23 October 2013). In this case, the employees of a clothing store suspected that a customer did not pay for the item (a pair of jeans) she brought out of the store. An […]
G.R. No. 175822 – 720 Phil. 373 – 708 SCRA 420 – Civil Law – General Principles – Article 19; Abuse of Right In July 2001, Shirley Quiñones, after receiving an official receipt from the cashier as proof of payment for a pair of jeans, went out of the Guess […]
READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-27394 July 31, 1970 ARMANDO V. AMPIL, petitioner, vs. THE HONORABLE JUDGE CORAZON JULIANO-AGRAVA, ANTONIO M. PEREZ and BENIGNO PEREZ Y TUASON, respondents. Antonio P. Coronel for petitioner. Alfonso Felix, Jr. for respondent Antonio M. […]