G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
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G.R. No. 216824 – 889 Phil. 915 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs […]
G.R. No. 121927 – 352 Phil. 261 – 289 SCRA 433 – Labor Law – Labor Standards – Wages – Minimum Wage – Commissions are part of Wage Antonio Iran is a softdrinks merchandiser who employs several truck drivers who will deliver his products to various stores. He gives commissions […]
G.R. No. 213488 – 798 Phil. 121 – Labor Law – Labor Standards – Wages – Commissions are part of wages Jurisdiction and Reliefs – Evidence – Burden of Proof of payment of wages is on employer Vilma De Peralta was an Insurance Sales Executive at Toyoya Pasig. In 2012, […]
G.R. No. 225010 – 843 Phil. 759 – Criminal Law – Book II – Crimes Against Honor – Libel – Religious Freedom Elements of Libel – Victim must Be Identifiable In July 1998, Eliseo Soriano, head of the Ang Dating Daan was indicted for two counts of libel. The accusations […]
G.R. No. 203284 – 799 Phil. 449 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage […]
G.R. No. 117321 – 349 Phil. 874 – 286 SCRA 207 – Political Law – Constitutional Law – Bill of Rights – Extra-Judicial Admission – Right to Counsel – Custodial Investigation In 1988, a tricycle driver was found dead and his trike was also missing. Herson Tan was among the […]
G.R. No. 171672 – 752 Phil. 424 – Political Law – Constitutional Law – Rights of the Accused – Right Against Self-Incrimination; Not applicable as against a private entity In 1993, Marieta De Castro, a bank teller at BPI Pasay was investigated for allegedly falsifying the signatures of two of […]
G.R. No. 244045 – 874 Phil. 240 – Political Law – Constitutional Law – Bill of Rights – Search and Seizure – Informant’s Tip Alone Cannot Engender Probable Cause In the morning of 10 January 2014, an unnamed officer at the Regional Public Safety Battalion (RPSB) in Tabuk, Kalinga received […]
G.R. No. 155483 – 550 Phil. 571 – 522 SCRA 410 – Remedial Law – Civil Procedure – Formal Offer Must Be Filed On Time – A written formal offer is a litigated motion In 1996, the Heirs of Pedro Pasag filed a Complaint for Declaration of Nullity of Documents […]
G.R. No. 175822 – 720 Phil. 373 – 708 SCRA 420 – Civil Law – General Principles – Article 19; Abuse of Right In July 2001, Shirley Quiñones, after receiving an official receipt from the cashier as proof of payment for a pair of jeans, went out of the Guess […]
G.R. No. L-27394 – 34 SCRA 370 – Legal Ethics – Attorney’s Fees – Attorney’s Lien Atty. Armando Ampil was the lawyer of Angela Perez. Atty. Ampil won several cases for Angela but the latter was yet to pay Atty. Ampil. As such, Atty. Ampil held on to three certificates […]
G.R. No. 111304 – 233 SCRA 310 – Political Law – Law on Public Officers – Public Officials Must Not Be Onion-Skinned Nemesio Yabut was then the vice mayor of Makati. He was also the head of the traffic management division of Makati. One day, Yabut was commanding traffic when […]
G.R. No. 144493 – 380 SCRA 355 – Political Law – Law on Public Officers – Reassignment – Security of Tenure Cristina Jenny Cariño was the appointed Accountant III at the Office of the Northern Cultural Communities (ONCC) Regional Office 1. ONCC is now known as the National Commission for […]
G.R. No. 143976 – G.R. No. 145846 – 448 Phil. 606 – 400 SCRA 494 – Remedial Law – Civil Procedure – Appeals Appeal from MTC to RTC – Appeal Fees – Supersedeas Bond – Exemption – Always Solvent Doctrine Political Law – Governmental Functions – Public Housing Spouses Oscar […]
G.R. No. 193661 – 716 Phil. 408 – 703 SCRA 597 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Confidential Informant Remedial Law – Evidence – Testimonial Evidence – Presentation of Confidential Informant Ryan Blanco was convicted for violations of the Dangerous Drugs Act (R.A. 9165). […]