G.R. No. L-53515 – 252 Phil. 27 – 170 SCRA 25 – Labor Law – Management Prerogative – Return of Investments In 1979, San Miguel Corporation implemented its “Complementary Distribution System” (CDS) whereby wholesalers can directly get beer products from any SMC office. The scheme was approved by then […]
case digest
G.R. No. L-6393 – 96 Phil. 504 – Mercantile Law – Transportation -General Averages – Stranding of a Vessel In 1949, SS San Antonio, owned by A. Magsaysay, Inc. (AMInc), embarked on its voyage to Batanes via Aparri. It was carrying various cargoes, one of which was owned by Anastacio […]
G.R. No. L-18770 – 122 Phil. 46 – 14 SCRA 694 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty; When it cannot be invokedRemedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former […]
G.R. No. 48100 – 72 Phil. 4 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Absolute Pardon Gregorio Palatino was the mayor elect of Torrijos, Marinduque. Florencio Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold […]
G.R. No. L-18184 – 117 Phil. 170 – 7 SCRA 152 – Political Law – Constitutional Law – The Executive Department – Amnesty – Reversal of the Doctrine Held in the Barrioquinto Case – Admission of Guilt Necessary in Amnesty Vera, together with 92 others were charged for the crime […]
G.R. No. L-22 – 76 Phil. 253 – Political Law – Pardon – Conditional Pardon – How it works after a change of sovereign Jose was charged for violating Act 65 in 1944. Act 65 was an act of the National Assembly of the Philippines while the Japanese were […]
G.R. No. 47941 – 71 Phil. 34 – Political Law – Constitutional Law – The Executive Department – Pardon – Restoration of Civil and Political Rights Santos was convicted of the crime of estafa. He was given pardon by the president but even prior to his pardon he was […]
G.R. No. L-1278 – 82 Phil. 642 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty Compared w/ Pardon – Admission Not Needed in Amnesty Jimenez and Barrioquinto were charged for murder for the killings they made during the war. The […]
G.R. No. L-36188-37586 – 185 Phil. 283 – 96 SCRA 402 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Martial Law as Valid Declaration – Military Courts – Constitutional Allowance In 1972, a Chinaman was kidnapped by allegedly the group of a […]
G.R. No. L-37364 – 63 SCRA 546 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Martial Law – Open Court Theory – Military Courts In September 1972, after the declaration of Martial Law, Ninoy was arrested and was placed under custody. […]
G.R. No. 140872 – 404 SCRA 550 (452 Phil. 678) – Criminal Law – Book I – Aggravating Circumstances – Disrespect on account of Offended Party’s Sex Qualifying Circumstances – Treachery Alternative Circumstances – Intoxication One afternoon in August 1996, in Katipunan, Zamboanga del Norte, Pablito Inggo bought a […]
G.R. No. 133382 – 327 SCRA 695 – Criminal Law – Book I – Qualifying Circumstances cannot offset Mitigating Circumstances On July 14, 1993 about 7:30 pm in the Municipality of Vinzons, Camarines Norte, Efren Mendoza hacked Anchito Nano with a bolo which immediately killed the latter. Later, Mendoza […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed of […]
G.R. No. 127568 – 380 Phil. 698 – 323 SCRA 734 – Criminal Law – Book I – Aggravating Circumstances – Must be alleged in the Information Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to be informed of the nature and […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private In […]
G.R No. 169077 – 500 SCRA 659 (532 Phil. 368) – Criminal Law – Book 1 – Aggravating Circumstances – Dwelling Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases In July 1997, Nicanor Salome entered the house where 13-year old Sally Idanan was […]