G.R. No. 140513 – 461 Phil. 471 – 416 SCRA 24 – Criminal Law – Book 1 – Aggravating Circumstances – Evident Premeditation On December 25, 1996, Alfredo Timgas joined a cockfight. He let his brother-in-law Bienvenido de la Cruz install the gaff on his game cock. Unknown to Timgas, […]
Howard
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Labor legislation consists of statutes, regulations, and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. This definition provides the divisions of labor legislation i.e. labor standards and labor […]
It is the law governing the rights and duties of employers and employees, first with respect to the terms and conditions of employment, and second, with respect to the labor disputes arising from collective bargaining respecting such terms and conditions. The major divisions of Labor Law are: The Law on […]
Labor Relations Law is that which defines the status, rights, and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees, or their representatives. Stated otherwise: It is that body of statutes, rules, principles and doctrines that governs the rights and duties of workers and […]
Labor Standards Law is that which sets out the minimum terms, conditions, and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. Labor standards, as defined more specifically by jurisprudence, are the minimum requirements prescribed by existing […]
It pertains to: The exertion by human beings of physical or mental efforts, or both, towards the productions of goods and services. That sector or group in a society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction (Mendoza, 2001). Labor, […]
All the proceedings had shall be considered a nullity. A judgment rendered is not a bar to subsequent prosecutions or indictments. Lack of jurisdiction over the offense can be raised at any stage of the proceedings. Where the court has no jurisdiction over the offense or subject matter, the only […]
Social Legislation consists of laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. How does Social Legislation differ with Labor Legislation/Law? Note: As per Azucena, “If distinction must be stressed at all [between labor legislation and social legislation], it is […]
It is determined in two ways: Geographical limits of the territory over which it presides; The action (whether criminal or civil) if empowered to hear and decide
Generally, the rules are to be applied to cases pending and remain undetermined at the time of their promulgation. They may not be given retroactive effect if they would affect substantive or vested rights. However, the rules may be applied retrospectively when they are favorable to the accused. NOTE: These […]
A court has an inchoate (imperfect) right of jurisdiction over all crimes committed within its territorial jurisdiction, which is perfected on the institution of the action. The change in the territorial limits of the place may be a cause for a court to lose jurisdiction over the offense.
Under the Philippines criminal justice system, Sandiganbayan is a court that exercises special criminal jurisdiction. The Sandiganbayan is a court that exercises exclusive original jurisdiction over cases involving public officers having Salary Grade 27. Under this kind of jurisdiction over the subject matter, the commission of the offense in relation […]
The modes of acquiring land titles are: Title by public grant – conveyance of public land by government to a private individual Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property Title by accretion – alluvium Title by reclamation – filling of submerged land by deliberate […]
G.R. No. 145993 – 452 Phil. 210, 101 OG No. 20 – 404 SCRA 170 – Criminal Law – Book 1 – Aggravating Circumstances – Qualifying Circumstances; Use of Motor Vehicle On July 7, 1996 at 4pm, Joseph Galang admonished Rufino Mallari for driving so fast in front of the […]
G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her until […]
G.R. Nos. 120493-94/117692 – 377 Phil. 567 – 319 SCRA 539 – Criminal Law – Book I – Aggravating Circumstances – Abuse of Superior Strength On October 28, 1989, Julio Ocumen had a heated argument with Alex Espanto and Juanito Bibat during a wedding celebration. Ocumen went berserk and ran […]