G.R. No. 67752 – 171 SCRA 657 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Requisites After the lifting of martial law in 1981, President Ferdinand Marcos issued Presidential Decree No. 1789 and some other PDs. The said PD was issued in order to […]
case digest
G.R. No. L-45081 – 63 Phil. 139 – Political Law – Judicial Review – Electoral Commission In the national elections of September 1935, Jose Angara won over Pedro Ynsua for the position of member of the National Assembly for the first district of the Province of Tayabas. In November 1935, […]
G.R. No. 101538 – 210 SCRA 256 – Political Law – Constitutional Law – The Judicial Department – Judicial Review – Constitutionality of a Treaty – Warsaw Convention Augusto Benedicto Santos III is a minor represented by his dad. In October 1986, he bought a round trip ticket from Northwest […]
G.R. No. L-24490 – 23 SCRA 928 – Civil Law – Law on Property – Seizure and Auction of Property – Proof of Ownership In 1962, peace officers Pecate and Alfaro of Cabatuan, Iloilo seized the carabao of Ciriaco Landa for the reason that Landa showed a tampered certificate of ownership […]
G.R. No. 180643 – 572 Phil. 554; 586 Phil. 135 – 549 SCRA 77 – Political Law – Constitutional Law – The Legislative Department – Inquiry in aid of legislation – Executive Privilege Legislative (Sec 21) & Oversight (Sec 22) Powers In April 2007, DOTC entered into a contract with Zhong […]
G.R. No. 89914 – 203 SCRA 767 – Political Law – Constitutional Law – The Legislative Department – Inquiry in Aid of Legislation – When not Allowed It was alleged that Benjamin “Kokoy” Romualdez and his wife together with the Marcoses unlawfully and unjustly enriched themselves at the expense of […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 306 SCRA 497 – Remedial Law – Civil procedure – Petition for Certiorari – Rule 65 Labor Law – Jurisdiction and Reliefs – NLRC Rules – Decisions of the NLRC; when subject to certiorariEsperanza Escorpizo was a high […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 306 SCRA 497 – Labor Law – Labor Relations – Illegal Dismissal – Collective Bargaining Agreement Esperanza Escorpizo was a high school teacher in the University of Baguio contracted to be a probationary teacher from 1989-1991. The terms […]
G.R. No. L-38308 – 218 Phil. 578 – 133 SCRA 616 – Remedial Law – Criminal Procedure – De Oficio Prosecution – “Private Crimes” In July 1972, Julian Teves submitted a thumbmarked letter-complaint to Pablo Cabahug, the City Fiscal of Dumaguete. The letter-complaint alleges that he is charging criminally his […]
G.R. No. 142411 – 509 Phil. 628 – 473 SCRA 52 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In January 1985, Winifreda Ursal and spouses Jesus and Cristita Moneset entered into a Contract to Sell Lot & House. The amount agreed upon […]
G.R. No. 156171 – 496 Phil. 456 – 456 SCRA 577 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In 1968, spouses Ricardo and Ferma Portic acquired a parcel of land with a 3 door apartment from spouses Alcantara even though they’re aware […]
G.R. No. 133638 – 496 Phil. 97 – 456 SCRA 193 – Civil Law – Law on Sales – Elements of a Contract of Sale – Consent Vitiated Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally divided […]
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-12219 – 37 Phil. 809 – Civil Law – Torts and Damages – Doctrine of Last Clear Chance In December 1912, Amado Picart was riding his horse and while they were on a 75 meter long bridge, he saw Frank Smith Jr.’s car approaching. Smith blew his horn thrice […]
G.R. No. L-12986 – 123 Phil. 272 – 16 SCRA 448 – Civil Law – Torts and Damages – Res Ipsa Loquitur In March 1948, in Rizal Avenue, Manila, a tank truck was hosing gasoline into the underground storage of Caltex. Apparently, a fire broke out from the gasoline station […]
G.R. No. 169777; G.R. No. 169659; G.R. No. 169660; G.R. No. 169667; G.R. No. 169834; G.R. No. 171246 – 522 Phil. 1 – 495 SCRA 170 – Political Law – Constitutional Law – Legislative Branch – Question Hour – Constitutionality of E.O. 464 In 2005, scandals involving anomalous transactions about […]