G.R. No. 49549 – 189 SCRA 117 – Labor Law – Post-Employment – Grounds for Termination – A teacher having a relationship with a student is not per se immoral Evelyn Chua was a teacher at Tay Tung High School, Inc. By 1975, she had been teaching there for thirteen […]
Jurisprudence
1314 posts
G.R. No. 157870 – 591 Phil. 393 – 570 SCRA 410 – Political Law – Constitutional Law – Article 14: Education, Science and Technology, Arts, Culture, and Sports – Academic Freedom – Random Drug testing in High School / Colleges NOTE: This is consolidated with Laserna vs Dangerous Drugs […]
G.R. No. 228255 – 853 Phil. 267 – Criminal Law – Special Penal Laws – Ant-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In July 2014, Mary Jane Cadiente was allegedly subjected to a buy-bust operation in Makati. After the alleged buy-bust operation, […]
G.R. No. 242947 – 857 Phil. 250 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In June 2013, Mario Manabat was subjected to a buy bust operation in Dipolog City. After an alleged successful buy-bust, […]
G.R. No. 193225 – 753 Phil. 382 – Criminal Law – Special Penal Laws – R.A. 9262 – Violations not subject to compromise agreement – Permanent Protection Order; Only the court may revoke the same In 2007, a Permanent Protection Order (PPO) was issued against BBB upon a petition filed […]
G.R. No. 196359 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Psychological Incapacity – Abandonment of certain portions of the Molina Guidelines – Expert witness not needed in proving psychological incapacity In 1995, Rosanna Tan and Mario Victor Andal married each other. They were […]
G.R. No. 212196 – 750 Phil. 212 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official FunctionsCriminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – […]
G.R. No. 155080 – 466 Phil. 894 – 422 SCRA 272 – Civil Law – Law on Property – Modes of Acquisition of Title – Acquisitive Prescription – Extraordinary Prescription In 1947, Fermina Calicdan donated a parcel of land to Silverio Cendaña. The land was owned by Sixto Calicdan, her […]
G.R. No. 179267 – 712 Phil. 44 – 699 SCRA 352 – Political Law – Constitutional Law – Basic Principles – Equal Protection Clause – The VAWC Law is not violative of the equal protection clause Remedial Law – Jurisdiction of Courts – The Family Court may act on issues […]
G.R. No. 248905 – Criminal Law – Book I – Criminal Liability; Degree of Participation – Principal vs Accomplice; Conspiracy Remedial Law – Evidence – Testimonial Evidence – Inconsistencies in the testimony of a witness; when not fatal to the case Criminal Law – Book II – Crimes Against Liberty […]
G.R. No. 106634 – 396 Phil. 784 – 342 SCRA 620 – Criminal Law – Book II – Crimes Against Persons – Rape – Unnatural Acts of an alleged victim of abduction and rape lead to an acquittal – Lack of Penile Penetration Estela Eng alleged that in January 1990, […]
G.R. No. 218575 – 819 Phil. 467 – 842 SCRA 165 – Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of Offenses – Variance Doctrine – Acts of Lasciviousness; Sec. 5b of R.A. 7610 In 2006, Francisco Ursua was alleged to have raped his 14 year […]
G.R. No. L-20216 and L-20217 – 21 SCRA 1119 – Criminal Law – Book II – Crimes Against Chastity – Acts of Lasciviousness – Elements; Lewd Design – No lewd design if committed in a public place In August 1960, Tiburcio Balbar went inside the classroom of teacher Ester Gonzales […]
G.R. No. L-18202 – 10 SCRA 753 – Remedial Law – Criminal Procedure – Rule 110 – Prosecution of Offenses – Information for Acts of Lasciviousness Must Allege “Lewd Design” Sometime in the late 1950s, Percival Gilo was indicted for the crime of Acts of Lasciviousness. Trial proceeded but after […]
G.R. No. 149199 – 444 Phil. 571 – 396 SCRA 506 – Remedial Law – Criminal Procedure – Rule 120 – Variance Doctrine – Lesser Offense Necessarily Included in the Charge In November 1998, Nemesio Bon was indicted for allegedly raping a minor child in 1997 in Caloocan City. During […]
G.R. No. 161032 – 587 Phil. 64; 565 SCRA 132 – Criminal Law – Book II; Revised Penal Code – Crimes Against Honor – Libel – Doctrine of Qualified Privileged Communication From May to June 1999, Erwin Tulfo published articles in his column in the tabloid REMATE where he accused […]