G.R. No. 147387; G.R. No. 152161 – 463 Phil. 179 – 417 SCRA 503 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Bicameral Conference Committee – Enrolled Bill Doctrine Equal Protection Clause – Valid Classification Election Law – Appointive Officials […]
Howard
G.R. No. 168056 – 506 Phil. 1 – 469 SCRA 1 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Enrolled Bill Theory – Validity of the Bicameral Conference Committee In this case, the constitutionality of R.A. No. 9337 or the RVAT […]
G.R. No. 103200 – 236 SCRA 78 – Remedial Law – Civil Procedure – Motion to Dismiss – Grounds for Dismissal In 1989, a conflict between La Naval Drug Corporation and a certain Wilson Yao arose regarding a lease contract. Yao invoked a provision in the lease contract whereby pursuant to […]
G.R. No. 109957 – 324 Phil. 70 – 253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and several others. The Municipal Trial Court in Cities (in Cagayan de Oro) […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]
G.R. Nos. 171947-48 – 574 SCRA 661 – Political Law – Elements of the State – Government – Ministerial vs Discretionary Functions – Mandamus Constitutional Law – Right to a Healthful Ecology Civil Law – Environmental Laws – Continuing Mandamus; When first applied in Philippine setting In 1999, the Concerned […]
G.R. No. L-24163 – 137 Phil. 745 – 27 SCRA 1090 – Legal Ethics – Attorney’s Fees; Right Thereto – Contingent Fees In 1964, Luis and Pablo Magtibay engaged the services of Atty. Regino Aro in a partition case. The Magtibays have no money to pay Atty. Aro and so a […]
Every law student may have heard about at least one law professor telling them a story about how he or she had to break up with a boyfriend (or a girlfriend) during the time when he or she were to take the bar exams. The obvious reason is that they want to place their […]
G.R. No. 132365 – 354 Phil. 262 – 292 SCRA 264 – Legal Ethics – Duty of Lawyers To Properly Quote The Supreme Court Judicial Ethics – Duty of the Judge to be Studious of the Principles of Law In 1996, the Commission on Elections filed criminal cases against certain individuals […]
G.R. No. 75305 – 258 Phil. 575 – 177 SCRA 778 – Labor Law – Labor Standards – Wages – Primacy of Workers Lien; When Not Applicable In March 1985, Michael Peñalosa et al won a labor case against the Riverside Mills Corporation (RMC). They were awarded damages and other benefits […]
When I finished high school, I never imagined myself becoming a lawyer. I came from a simple family. My father was a taxi driver and my mother was a waitress. There were no lawyers in our family and we have no lawyer relatives at all. I still remember when we […]
G.R. No. 155207 – 584 Phil. 35 – 562 SCRA 36 – Labor Law – Labor Relations – Employer-employee Relationship in a Publication – Four Fold Test – Control Test In March 1990, Wilhelmina Orozco was hired as a writer by the Philippine Daily Inquirer (PDI). She was the columnist […]
G.R. No. 133250 – 451 Phil. 1 – 403 SCRA 1 – Legal Ethics – Judicial Ethics – Inhibition; Supreme Court Justice In July 2002, Amari Coastal Bay Development Corporation lost a case (PEA-Amari Scandal) before the Supreme Court involving certain reclaimed lands. Upon receipt of the adverse decision, Amari filed […]
G.R. No. 102833 – 323 Phil. 452 – 253 SCRA 382 – Remedial Law – Civil Procedure – Jurisdiction; Lack thereof – when may it be raised – Jurisdiction over the Subject Matter vs Jurisdiction over the Person of the Defendant In July 1977, Jesus Wee Eng filed an action to recover real […]
Note: This case is consolidated with G.R. No. L-24796 DIRECTOR OF FORESTRY vs HON. EMMANUEL M. MUÑOZ G.R. No. L-25459 – 23 SCRA 1183 – Civil Law – Land Titles and Deeds – Systems of Registration Prior to PD 1529 – Spanish Titles Pinagcamaligan Indo-Agro Development Corporation, Inc. (Piadeco) is a […]