G.R. No. 99327 – 222 SCRA 644 – Political Law – Constitutional Law – Academic Freedom – Power of Schools to Dismiss Erring Students On February 8, 9, and 10 of 1991, a fraternity in Ateneo Law School named Aquila Legis conducted its initiation rites upon neophytes. Unfortunately, one neophyte […]
Howard
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G.R. No. 96681 – 204 SCRA 483 – Political Law – Constitutional Law – The Constitutional Commissions – Commission on Human Rights – Adjudicatory Power of the CHR On September 17, 1990, some 800 public school teachers in Manila did not attend work and decided to stage rallies in order […]
G.R. No. 93867 – 270 Phil. 466 – 192 SCRA 358 – Political Law – Constitutional Law – Constitutional Commissions – The Commission on Elections – COMELEC’s Constitutional Independence In December 1989, a coup attempt occurred prompting the president to create a fact finding commission which would be chaired by […]
G.R. No. L-42428 – 206 Phil. 47 – 121 SCRA 51 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused; Right to Speedy Trial – Promulgation vs Rendition of Judgment – Constitutional Period to Decide not Mandatory Bernardino Marcelino was indicted for rape. On […]
G.R. No. 118506 – 338 Phil. 386 – 271 SCRA 670 – Labor Law – Labor Standards – Wages – Facilities vs Supplements Norma Mabeza was an employee hired by Hotel Supreme in Baguio City. In 1991, an inspection was made by the Department of Labor and Employment (DOLE) at […]
G.R. No. 118506 – 338 Phil. 386 – 271 SCRA 670 – Labor Law – Labor Relations – Post-Employment – Abandonment of Work – Loss of Confidence Norma Mabeza was an employee hired by Hotel Supreme in Baguio City. In 1991, an inspection was made by the Department of Labor […]
G.R. No. 123880 – 363 Phil. 163 – 303 SCRA 540 – Labor Law – Labor Standards – Working Conditions and Rest Periods Post-Employment – Illegal Dismissal Eddie Damalerio was a roomboy for Maranaw Hotels. One day, he was cleaning the room of one of the guests when he saw […]
MONTHLY PAID EMPLOYEE refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days. DAILY PAID EMPLOYEE refers to one who is paid his wage or salary only […]
G.R. No. 111988 – 237 SCRA 621 – Labor Law – Labor Standards – Working Conditions and Rest Periods – Holiday Pay – SK Elections Associated Labor Union entered into a Collective Bargaining Agreement (CBA) with AMS Farming Corporation in 1990. The CBA was to be effective from 1990 to […]
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 […]
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 […]