G.R. No. L-29910 – 137 Phil. 686 – 27 SCRA 1060 – Political Law – Municipal Corporations – Patrimonial Property – Discretionary Power Civil Law – Torts and Damages – Damnum Absque Injuria Antonio Favis owns a parcel of land fronting Lapu-Lapu street in Baguio City. There is an […]
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G.R. No. 118303 – 322 Phil. 774 – 252 SCRA 695 – Political Law – Municipal Corporation – LGU Requirement – Income – Inclusion of IRAs In April 1993, House Bill 8817 (An Act Converting the Municipality of Santiago into an Independent Component City to be known as the City […]
G.R. No. 177597 – 580 Phil. 623 – 558 SCRA 700 – Political Law – Municipal Corporation -Creation of LGUs by Autonomous Regions (ARMM) – Population Requirement The Province of Maguindanao is part of ARMM. Cotabato City is part of the province of Maguindanao but it is not part of […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
G.R. No. L-6393 – 96 Phil. 504 – Mercantile Law – Transportation -General Averages – Stranding of a Vessel In 1949, SS San Antonio, owned by A. Magsaysay, Inc. (AMInc), embarked on its voyage to Batanes via Aparri. It was carrying various cargoes, one of which was owned by Anastacio […]
G.R. No. L-18770 – 122 Phil. 46 – 14 SCRA 694 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty; When it cannot be invokedRemedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former […]
G.R. No. 48100 – 72 Phil. 4 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Absolute Pardon Gregorio Palatino was the mayor elect of Torrijos, Marinduque. Florencio Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold […]