G.R. No. 166554 – 592 Phil. 468 – 572 SCRA 89 – Labor Law – Labor Standards – Security of Tenure – Penalty to Erring Employee Must be Commensurate to Infraction In October 1970, Julito Sagales was employed by Rustan’s Commercial Corporation as chief cook in one of Rustan’s restaurants. […]
Case Digest
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G.R. No. 164301 – 642 Phil. 47 / 627 SCRA 590 (2010) – 674 Phil. 609 (2011) – Labor Law – Labor Standards – Security of Tenure vs Unionism In 2000, Far East Bank (FEB) was absorbed by the Bank of the Philippine Islands (BPI). BPI has an existing Union […]
G.R. No. 195428 – 693 Phil. 646 – 679 SCRA 545 – Labor Law – Post-Employment – Illegal Dismissal; Remedies – No Illegal Dismissal if Firing was by a Co-employee Jomar Verdadero is a bus conductor of Barney Autolines. In January 2008, he had an altercation with Gerardo Gimenez, a […]
G.R. No. 174689 – 537 SCRA 373 – 562 Phil. 953 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Gender re-assignment does not merit change of name Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who feels trapped in a male […]
G.R. NO. 166326 – 515 Phil. 824 – 480 SCRA 188 – Criminal Law – Book 1 – General Principles – Elements of a Crime – Mens Rea – Criminal Intent – Intent to Kill Victim, Ruben went to a nearby store to buy food. Accused Rivera was in the […]
G.R. No. 152644 – 517 Phil. 408 – 482 SCRA 194 – Criminal Law – Book 1 – General Principles – Mala In Se vs Mala Prohibita Marcopper Mining has been storing mine tailings from its operations. At the base of the pit, there is a drainage that leads to […]
G.R. No. 144656 – 431 Phil. 798 – 382 SCRA 192 – Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help on an assignment. It was a Saturday. Gerrico […]
B.M. No. 1678 – 565 Phil. 165 – 540 SCRA 424 – Legal Ethics – Practice of Law – Practice of Law is Reserved for Filipinos In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take advantage of Canada’s free medical aid […]
G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed […]
G.R. No. 157013 – 453 Phil. 586 – Political Law – Election Laws – Absentee Voters Act – Proclamation of Winners in a National Elections Romulo Macalintal, as a lawyer and a taxpayer, questions the validity of the Overseas Absentee Voting Act of 2003 (R.A. 9189). He questions the validity […]
G.R. No. 91478 – 271 Phil. 751 – 193 SCRA 717 – Mercantile Law – Corporation Law – Board resolutions may be questioned by third persons – Board Meetings – Quorum – Sale of Corporate Properties In 1962, the Pampanga Bus Company (PAMBUSCO) took out a loan from the Development […]
G.R. No. L-30159 – 233 Phil. 26 – Taxation Law – Local Taxation – Taxes Levied By a Province – Sand and Gravel Fee In 1968, the Municipality of San Fernando, La Union, undertook road constructions. It sent its trucks to the nearby Municipality of Luna, La Union, to gather […]
G.R. No. 110263 – 414 Phil. 13 – 361 SCRA 489 – Civil Law – Conflict of Laws – Private International Law – Foreign Judgments – How Assailed In 1985, the High Court of Malaysia ordered the Philippine National Construction Corporation (PNCC) to pay $5.1 million to Asiavest Merchant Bankers […]
G.R. No. 147066; G.R. No. 147179 – 407 Phil. 618 – Political Law – Election Law – Right of Suffrage – Extension of Voters Registration On January 25, 2001, AKBAYAN-Youth, together with other youth movements sought the extension of the registration of voters for the May 2001 elections. The voters […]
G.R. No. 114776 – 381 Phil. 403 – 324 SCRA 414 – Civil Law – Conflict of Laws – Private International Law – Proof of Foreign Law – Applicability of Foreign Laws Labor Law – Jurisdiction and Reliefs – Money Claims; Prescriptive Period In 1978, Menandro Laureano was hired as a […]
G.R. No. 154993 – 510 Phil. 750 – 474 SCRA 258 – Taxation Law – Tax Remedies – Local Taxation – Original & Appellate Jurisdiction in Tax Cases In 1998, BA Lepanto Condominium Corporation (Lepanto) received a tax assessment in the amount of P1.6 million from Luz Yamane, the City […]