G.R. No. 150194 – 546 Phil. 316 – 517 SCRA 488 – Political Law – Municipal Corporation – Police Power of LGUs Criminal Law – Special Penal Laws – Graft and Corrupt Practices – Elements of Violation of Section 3(e), R.A. No. 3019; Bad Faith In 1988, Roberto Tayaban […]
Howard
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G.R. No. 176970 – 593 Phil. 678 – 573 SCRA 290 – Political Law – Municipal Corporations – Reapportionment – Plebiscite not required in reapportionment statutes Cagayan de Oro used to have only one legislative district. But in 2006, CdO Congressman Constantino Jaraula sponsored a bill to have two legislative […]
Legislative apportionment is defined by Black’s Law Dictionary as the determination of the number of representatives which a State, county or other subdivision may send to a legislative body. It is the allocation of seats in a legislative body in proportion to the population; the drawing of voting district lines […]
Availment of such resources is effectuated through the vesting in every local government unit of : (1) the right to create and broaden its own source of revenue; (2) the right to be allocated a just share in national taxes, such share being in the form of internal revenue allotments […]
G.R. No. 91649 – 274 Phil. 323 – 197 SCRA 52 – Political Law – Constitutional Law – Bill of Rights – Equal Protection Clause Municipal Corporation – Local Autonomy – Imperium in Imperio In 1977, the Philippine Amusements and Gaming Corporation (PAGCOR) was created by Presidential Decree No. 1067-A. PD 1067-B […]
Local Government has been described as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra sovereign subdivision of one […]
G.R. No. 109808 – 242 SCRA 73 (312 Phil. 88) – Labor Law – Pre-Employment – Liability of Local Recruitment Agency – Standard Employment Contract for Entertainers – Laches Esalyn Chavez is a dancer who was contracted by Centrum Placement & Promotions Corporation to perform in Japan for 6 […]
Laches has been defined as the failure or neglect for an unreasonable and unexplained length time to do that which, by exercising due diligence, could or should have been done earlier, thus giving rise to a presumption that the party entitled to assert it either has abandoned or declined to […]
G.R. No. 76595 – 244 Phil. 127 – 161 SCRA 122 – Labor Law – Jurisdiction and Reliefs – NLRC Rules – Delay in Filing Appeal (Employer) – Foreign Judgments Cannot Be Enforced by POEA Pacific Asia is an overseas employment agency that provided Rances work abroad. Rances was […]
G.R. No. 127195 – 313 SCRA 88 (371 Phil. 827) – Labor Law – Pre-Employment – Post-Employment – Standard Employment Contract – POEA – Mutual Consent – Migrant Workers Act – Illegal Dismissal Statutory Construction – Giving effect to every word in a statute; Migrant Workers Act Marsaman Manning […]
G.R. No. 90273-75 – 179 SCRA 480 (259 Phil. 85) – Pre-Employment – Impleading Sureties in Labor Cases; Liability of local recruitment agency and foreign employer; Solidary Liability Pan Pacific Overseas is a recruitment agency duly registered with the POEA. It offers jobs abroad. Finman General is acting as […]
G.R. No. L-79436-50 – 181 SCRA 110 (260 Phil. 115) – Labor Law – Pre-Employment – Liability of Sureties – POEA Rules – Overseas Employment J & B Manpower Specialist, Inc. is an overseas employment agency registered with the Philippine Overseas Employment Administration and Eastern Assurance & Surety Corporation […]
Constructive dismissal is defined as a quitting because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay. Likewise, constructive dismissal exists when an act of clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee, leaving […]
G.R. No. 159730 – 568 Phil. 256 – 544 SCRA 279 – Labor Law – Post-Employment – Constructive Dismissal – Invalid Practice of Management Rights Melvin Gnilo was the Credit and Collection Manager of Norkis Trading Co., Inc. and is in charge of the Albay and Catanduanes branches of […]
G.R. No. L-53515 – 252 Phil. 27 – 170 SCRA 25 – Labor Law – Management Prerogative – Return of Investments In 1979, San Miguel Corporation implemented its “Complementary Distribution System” (CDS) whereby wholesalers can directly get beer products from any SMC office. The scheme was approved by then […]
I, _________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in […]