G.R. No. 159553 – 564 Phil. 513 – Labor Law – Labor Relations – Labor Unions; Certification Election – Voting Rights of Dismissed Employees In November 2001, a certification election was held at Yokohama Tire Philippines, Inc. to certify the Yokohama Employees Union. A total of 401 votes were cast which […]
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G.R. No. 127553 – 346 Phil. 1014 – 282 SCRA 326 – Labor Law – Post-Employment – Termination; Due Process – Just Causes Political Law – Constitutional Law – Bill of Rights; Right to Counsel In June 1995, the security guards of N.C. Construction Supply caught an employee stealing from the […]
G.R. No. 155679 – 540 Phil. 269 – 511 SCRA 247 – Labor Law – Labor Relations – Illegal Strike – Welga ng Bayan On October 24, 1990, the labor sector staged a “welga ng bayan” to oppose the oil price hike. The labor unions operating in Biflex Phils. Inc. […]
A.C. No. 3195 – 259 Phil. 669 – 180 SCRA 246 – Legal Ethics – Lawyer’s Duties to His Client – Due Diligence In 1987, the sisters Ma. Libertad Cantiller and Peregrina Cantiller lost an ejectment case. The two were later introduced by a friend to Atty. Humberto Potenciano. Potenciano […]
G.R. No. 126477 – 356 Phil. 780 – 295 SCRA 463 – Remedial Law – Civil Procedure – Service of Summons; Extraterritorial Service – Foreign Corporation Doing Business in the Philippines In May 1992, the Ludo & Luym Oleochemical Co. (LLOC) filed a complaint against French Oil Mill Machinery Co., Inc. […]
A.C. No. 381 – 130 Phil. 510 – 22 SCRA 491 – Legal Ethics – High Degree of Irresponsibility a Ground for Disbarment In 1957, the spouses Emilio and Cirila Capulong lost a civil case. They were represented by Atty. Manuel Aliño. The spouses then gave P298.00 (then a significant amount […]
G.R. No. 120528 – 403 Phil. 340 – Civil Law – Credit Transactions – Pledge – Deposit – Agency In 1985, Mike Abella rented a house owned by Atty. Dionisio Calibo, Jr. Meanwhile, Dr. Pablo Abella, Mike’s father, entrusted to Mike a tractor. Pablo delivered the tractor to Mike in […]
G.R. No. 162324 – 597 Phil. 616 – 578 SCRA 34 – Labor Law – Labor Relations – Collective Bargaining Agreement; Construction and Interpretation In the year 2000, the Flour Division and the SFI Feeds Division of the RFM Corporation entered into a collective bargaining agreement (CBA) with the respective […]
G.R. No. L-45192 – 61 Phil. 724 – Legal Ethics – Respect to the Courts – Use of Temperate Language In 1935, Atty. Vicente Francisco was the counsel for Felipe Salcedo in a case entitled Felipe Salcedo vs Francisco Hernandez. Salcedo lost in that case and Atty. Francisco filed a Motion […]
G.R. No. 119205 – 351 Phil. 1013 – 289 SCRA 86 – Labor Law – Labor Relations – Management Prerogative The workers of Sime Darby Pilipinas, Inc. have an 8-hour daily schedule which starts at 7:45 am and ends at 3:45 pm. They have a 30-minute paid lunch break but […]
G.R. No. 131523 – 355 Phil. 932 – 294 SCRA 505 – Labor Law – Labor Standards – Separation Pay – When Available In April 1994, Nenita Medelyn resigned as chief accountant for Travelaire and Tours Corporation. In January 1995, she filed a labor case against Travelaire for the latter’s […]
G.R. No. L-1377 – 80 Phil. 842 – Labor Law – Labor Standards – Minimum Wage; Defined – Who are covered Sometime in the mid-1940’s, seventy-six drivers and laborers who were members of the Leyte Farmer’s and Laborer’s Union (LFLU), staged a strike against the Leyte Land Transportation Company, Inc. […]
A.C. No. 8158 – 627 Phil. 284 – 613 SCRA 472 – Legal Ethics – Code of Professional Responsibility – Neglect of Duties – Failure to Account In 2005, Atty. Elmer Solidon engaged the services of Atty. Ramil Macalalad for the latter to handle the judicial titling of a parcel of land […]
G.R. Nos. 148712-15 – 465 Phil. 477 – 420 SCRA 520 – Criminal Law – Qualifying Circumstance; Treachery – Aggravating Circumstance; Ignominy – Accomplices; Elements At around 6pm on December 28, 1999, in Bauang, La Union, two armed men entered the house of Jessie Barnachea, then 12 years old. Jessie was able […]
G.R. No. L-1674 – 83 Phil. 548 – Criminal Law – Justifying Circumstance – Self-Defense In March 1945, Felix Somera, his two children, and their houseboy were on their way home when they were overtaken by Pablo Somera and Faustino Barnachea. Pablo shouted some invective against Felix and thereafter they […]
G.R. No. 167683 – 551 Phil. 755 – 524 SCRA 320 – Criminal Law – Justifying Circumstances – Self-defense – Burden of Proof In January 1996, in Bauang, La Union, Federico Calica and Romeo Calica approached a group of men fencing their properties. The Calica’s went there to check if […]