G.R. No. 58289 – 201 Phil. 8 – 115 SCRA 418 – Political Law – Constitutional Law – Powers of the President – Amnesty Does not Need Concurrence from Congress if the President Acts Pursuant to His Power to Legislate In 1982, after the lifting of Martial Law, Legaspi, then […]
Case Digest
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G.R. No. 75112 – 190 SCRA 485; 212 SCRA 637 – 268 Phil. 516 – Labor Law – Post-Employment – Employer-Employee Relationship – The School and its Working Students – Section 14, Rule X, Book III, IRR (Labor Code) Civil Law – Torts and Damages – Liability of Schools for […]
G.R. No. 74449 – 225 SCRA 456 – Civil Law – Credit Transactions – Pactum Commissorium Carlos Valdes acquired title over a Baguio summer residence named Pulong Maulap but this was actually in behalf of Jose Nakpil who arranged that while he does not have the money to pay […]
G.R. No. 112191 – 335 Phil. 315 – 267 SCRA 653 – Civil Law – Secured Transactions – Continuing Surety; Future Obligations In 1981, Joseph Chua and Edgar Rodrigueza executed separate surety agreements in favor of Fortune Motors (Phils.) Corporation to cover obligations incurred by Fortune Motors whether they be enforced […]
G.R. No. 94149 – 208 SCRA 343 – Mercantile Law – Law on Transportation – Civil Code vs Code of Commerce (which is to be applied in the presence of negligence in cases of lost of goods)Civil Law – Torts and Damages Mayleen Paper, Inc. contracted the services of the […]
G.R. No. 30882 – 54 Phil. 361 – Civil Law – Credit Transactions – Pactum Commissorium – Mortgage On September 15, 1925, Go Chulian executed a mortgage in favor of Genoveva De Jayme over 2 parcels of land. The mortgage had a clause which allowed De Jayme to appropriate the […]
G.R. No. L-11515 – 42 Phil. 845 – Mercantile Law – Law on Transportation – General Averages – Stranding by Reason of War The International Harvester Company in Russia (IHCR), an American Company, contracted the Hamburg-American Line (HAL) to transport 852 crates of agricultural machinery from Baltimore, Maryland (USA) to Hamburg, Germany, […]
G.R. No. L-19671 – 122 Phil. 752 – 15 SCRA 355 – Civil Law – Torts and Damages – When Liability for Quasi Delict Arises – Unfounded Suit – Alienation of Affection In February 1948, Pastor Tenchavez and Vicenta Escaño secretly married each other and of course without the knowledge […]
G.R. No. 22063 – 46 Phil. 327 – Civil Law< – Torts and Damages – When Liability for Quasi Delict Arises In November 1922, Crispulo Onrubia was driving his car in Calle Ascarraga, Manila and he overrun the 9-year old son of Lucio Francisco which led to his son’s death. […]
G.R. No. 1719 – 7 Phil. 359 – Civil Law – Torts and Damages – Kinds of Fault – Contributory Negligence Labor Law – Social Legislation – Liability of Employers – Workplace Accident M.H. Rakes was working as a laborer for Atlantic Gulf in the early 1900s. One day, they were […]
G.R. No. L-4977 – 16 Phil. 18 – Civil Law – Torts and Damages – Elements of Quasi Delict David Taylor was a 15 year old boy who spent time as a cabin boy at sea; he was also able to learn some principles of mechanical engineering and mechanical drawing […]
G.R. No. 155344 – 465 Phil. 325 – 420 SCRA 388 – Political Law – Municipal Corporation – Administrative Powers – Cockfighting Constitutional Law – Separation of Powers Rolando Canet was a cockpit operator in Bula, Camarines Sur while Julieta Decena was the mayor there. In 1998, Canet, by […]
G.R. No. 138896 – 389 Phil. 466 – 334 SCRA 127 – Political Law – Municipal Corporations – Eminent Domain – Expropriation – BP 129 Remedial Law – Civil Procedure – Special Civil Actions – Jurisdiction of Expropriation Cases- BP 129 In 1997, Brgy. San Roque of Talisay, Cebu, […]
G.R. No. 107916 – 335 Phil. 1057 – 268 SCRA 586 – Political Law – Municipal Corporation – Eminent Domain – Disapproval by a Sangguniang Panlalawigan of a Sangguniang Bayan Resolution Percival Moday is a landowner in Bunawan, Agusan del Sur. In 1989, the Sangguniang Bayan of Bunawan passed […]
G.R. No. L-40474 – 160 Phil. 1155 – 66 SCRA 481 – Political Law – Municipal Corporations – Patrimonial Property – Discretionary Power Civil Law – Law on Property – Patrimonial Property – Alienable and Disposable Property In 1968, a terminal portion of a street in Cebu was excluded […]
G.R. No. 100152 – 385 Phil. 956 – 314 SCRA 315 – Political Law – Municipal Corporations – Proprietary Functions – Police Power Acebedo Optical Company, Inc. applied for a business permit to operate in Iligan City. After hearing the sides of local optometrists, Mayor Camilo Cabili of Iligan granted […]