G.R. No. 65482 – 240 Phil. 27 – 156 SCRA 27 – Labor Law – Labor Standards – Working Conditions and Rest Periods – Holiday PayThe National Alliance of Teachers sued Jose Rizal College for alleged nonpayment of unworked holidays from 1975 to 1977. The members of the Alliance concerned […]
Howard
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G.R. No. 64967 – 223 Phil. 198 – 133 SCRA 752 – Labor Law – Labor Standards – Working Conditions and Rest Periods – Overtime Pay – Managerial Employee not entitled to OT pay In 1977, Miguel Aspera was contracted by Engineering Equipment, Inc. to work as a mechanical engineer […]
G.R. No. 84929 – 276 Phil. 544 – 199 SCRA 501 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Legitimizing Function – Collateral attacks vs constitutionality of laws Adela Tuason is the owner of a parcel of land. She leased the same to Julio […]
A JUSTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve […]
The power of judicial review is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental law. This authority is derived by clear implication from the provisions of Secs […]
G.R. No. 91500 – 190 SCRA 782 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Declaratory Relief Not Among the Supreme Court’s Original Jurisdiction In January 1960, Republic Act 3001 was passed granting Allied Broadcasting Center, Inc. (ABC) the right to operate broadcasting stations. […]
G.R. No. 67752 – 171 SCRA 657 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Requisites After the lifting of martial law in 1981, President Ferdinand Marcos issued Presidential Decree No. 1789 and some other PDs. The said PD was issued in order to […]
G.R. No. L-45081 – 63 Phil. 139 – Political Law – Judicial Review – Electoral Commission In the national elections of September 1935, Jose Angara won over Pedro Ynsua for the position of member of the National Assembly for the first district of the Province of Tayabas. In November 1935, […]
G.R. No. 101538 – 210 SCRA 256 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Constitutionality of a Treaty – Warsaw Convention Augusto Benedicto Santos III is a minor represented by his dad. In October 1986, he bought a round trip ticket from Northwest […]
G.R. No. L-24490 – 23 SCRA 928 – Civil Law – Law on Property – Seizure and Auction of Property – Proof of Ownership In 1962, peace officers Pecate and Alfaro of Cabatuan, Iloilo seized the carabao of Ciriaco Landa for the reason that Landa showed a tampered certificate of ownership […]
As a general rule, a complaint or information must charge only one offense, except when the law provides only one punishment for various offenses (compound and complex crimes under Art. 48 of the RPC and special complex crimes). A complaint or information that charges more than one offense is considered […]
G.R. No. 180643 – 572 Phil. 554; 586 Phil. 135 – 549 SCRA 77 – Political Law – Constitutional Law – The Legislative Department – Inquiry in aid of legislation – Executive Privilege Legislative (Sec 21) & Oversight (Sec 22) Powers In April 2007, DOTC entered into a contract with Zhong […]
G.R. No. 89914 – 203 SCRA 767 – Political Law – Constitutional Law – The Legislative Department – Inquiry in Aid of Legislation – When not Allowed It was alleged that Benjamin “Kokoy” Romualdez and his wife together with the Marcoses unlawfully and unjustly enriched themselves at the expense of […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 306 SCRA 497 – Remedial Law – Civil procedure – Petition for Certiorari – Rule 65 Labor Law – Jurisdiction and Reliefs – NLRC Rules – Decisions of the NLRC; when subject to certiorariEsperanza Escorpizo was a high […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 306 SCRA 497 – Labor Law – Labor Relations – Illegal Dismissal – Collective Bargaining Agreement Esperanza Escorpizo was a high school teacher in the University of Baguio contracted to be a probationary teacher from 1989-1991. The terms […]
The pardon by the offended party will not have any effect on the prosecution of the offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will continue to be exercised by the court until termination of the case. Pardon must be effected […]