G.R. No. 54 – 1 Phil. 50 – Remedial Law – Right to Remain Silent Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Remain Silent Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to […]
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G.R. No. 1332 – 2 Phil. 380 – Remedial Law – Criminal Procedure – Rights of the Accused – Right to Remain Silent Political Law – Constitutional Law – Criminal Procedure – Bill of Rights – Rights of the Accused – Right to Remain Silent In November 1900, three people […]
G.R. No. 70890 – 214 SCRA 16 – Civil Law – Torts and Damages – Vicarious Liability of Parents – Murder-Suicide of Minor Lovers Since about 1976, minors Julie Ann Gotiong and Wendell Libi were lovers. In December 1978, Julie Ann decided to break up with Wendell because the latter […]
G.R. No. L-8437 – 100 Phil. 388 – Civil Law – Wills and Succession – Transmissible Obligations Luzon Surety filed a claim against the estate of K.H. Hemady based on indemnity agreements (counterbonds) subscribed by distinct principals and by the deceased K.H. Hemady as surety (solidary guarantor). As a contingent […]
G.R. No. L-5621 – 92 Phil. 843 – Labor Law – Labor Standards – Police Power – Employment as a Property Right In October 1951, Premiere Productions, Inc. (PPI) filed a petition with the Court of Industrial relations (CIR) seeking authority to lay-off 44 workers on the ground of financial […]
G.R. No. 174158 – 667 Phil. 808 – Labor Law – Labor Standards – Protection To Labor – When Is There No Diminution of Benefits In November 1991, William Barroga was hired as an instructor by Data Center College in its Laoag City, Ilocos Norte campus. In June 1992, Barroga […]
G.R. No. 174084 – 643 Phil. 474 – Labor Law – Labor Standards – Security of Tenure – Primacy of the Constitutional Right of Security of Tenure Over Procedural Rights in Labor Cases In February 1998, Gloria Paje and 10 others were dismissed as sales girls (promo girls) of Swift […]
G.R. No. 166554 – 592 Phil. 468 – 572 SCRA 89 – Labor Law – Labor Standards – Security of Tenure – Penalty to Erring Employee Must be Commensurate to Infraction In October 1970, Julito Sagales was employed by Rustan’s Commercial Corporation as chief cook in one of Rustan’s restaurants. […]
G.R. No. 164301 – 642 Phil. 47 / 627 SCRA 590 (2010) – 674 Phil. 609 (2011) – Labor Law – Labor Standards – Security of Tenure vs Unionism In 2000, Far East Bank (FEB) was absorbed by the Bank of the Philippine Islands (BPI). BPI has an existing Union […]
G.R. No. 195428 – 693 Phil. 646 – 679 SCRA 545 – Labor Law – Post-Employment – Illegal Dismissal; Remedies – No Illegal Dismissal if Firing was by a Co-employee Jomar Verdadero is a bus conductor of Barney Autolines. In January 2008, he had an altercation with Gerardo Gimenez, a […]
G.R. No. 174689 – 537 SCRA 373 – 562 Phil. 953 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Gender re-assignment does not merit change of name Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who feels trapped in a male […]
G.R. NO. 166326 – 515 Phil. 824 – 480 SCRA 188 – Criminal Law – Book 1 – General Principles – Elements of a Crime – Mens Rea – Criminal Intent – Intent to Kill Victim, Ruben went to a nearby store to buy food. Accused Rivera was in the […]
G.R. No. 152644 – 517 Phil. 408 – 482 SCRA 194 – Criminal Law – Book 1 – General Principles – Mala In Se vs Mala Prohibita Marcopper Mining has been storing mine tailings from its operations. At the base of the pit, there is a drainage that leads to […]
G.R. No. 144656 – 431 Phil. 798 – 382 SCRA 192 – Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help on an assignment. It was a Saturday. Gerrico […]
B.M. No. 1678 – 565 Phil. 165 – 540 SCRA 424 – Legal Ethics – Practice of Law – Practice of Law is Reserved for Filipinos In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take advantage of Canada’s free medical aid […]
G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed […]