G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
Case Digest
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G.R. No. L-48088 – 173 Phil. 616 – 84 SCRA 477- Criminal Law – Crimes Against Public Interest – Perjury – Elements – Sworn Statement Perjured Must Be One Required By Law In January 1978, Gotardo Flordelis was criminally charged for Perjury. It was alleged in the information that Flordelis […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. 148000 – 446 Phil. 496 – 398 SCRA 373 – Remedial Law – Criminal Procedure – Presence of private offended party during pre-trial is not required In February 2000, a criminal case for Falsification of Official Public Documents was filed against Mario Austria. The prosecutor listed 11 witnesses against […]
G.R. No. L-21189 – 120 Phil. 1331 – Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment In 1962, Luzviminda San Pedro filed a case against Spouses Jose and Marta Avendaño for Collection of Sum of Money. The spouses Avendaño lost the said case. To execute […]
G.R. No. 210164 – 767 Phil. 51 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Evidence – Formal Offer of Evidence – Evidence not Offered Rommel Arnado was a natural-born Filipino. Later, […]
G.R. No. 193493 – 711 Phil. 179 – 698 SCRA 485 – Labor Law – Social Legislation – SSS Claims Labor Standards – Hours of Work – Employer-Employee Relations – Four-Fold Test’ Control Test Jaime Fulo had been working in a farm owned by Jaime Gapayao since 1983. In November […]
A.C. No. 620 – 155 Phil. 33 – 56 SCRA 30 – Legal Ethics – Duty of a lawyer to update his client of the status of the case Jose Alcala engaged the services of Atty. Honesto De Vera to defend him in a civil case. On April 17, 1963, […]
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the treasurer of […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the will G.R. […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered by Article […]
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer of the […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued the […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due process was […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered that […]