G.R. No. 76595 – 244 Phil. 127 – 161 SCRA 122 – Labor Law – Jurisdiction and Reliefs – NLRC Rules – Delay in Filing Appeal (Employer) – Foreign Judgments Cannot Be Enforced by POEA Pacific Asia is an overseas employment agency that provided Rances work abroad. Rances was […]
case digest
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G.R. No. 127195 – 313 SCRA 88 (371 Phil. 827) – Labor Law – Pre-Employment – Post-Employment – Standard Employment Contract – POEA – Mutual Consent – Migrant Workers Act – Illegal Dismissal Statutory Construction – Giving effect to every word in a statute; Migrant Workers Act Marsaman Manning […]
G.R. No. 90273-75 – 179 SCRA 480 (259 Phil. 85) – Pre-Employment – Impleading Sureties in Labor Cases; Liability of local recruitment agency and foreign employer; Solidary Liability Pan Pacific Overseas is a recruitment agency duly registered with the POEA. It offers jobs abroad. Finman General is acting as […]
G.R. No. L-79436-50 – 181 SCRA 110 (260 Phil. 115) – Labor Law – Pre-Employment – Liability of Sureties – POEA Rules – Overseas Employment J & B Manpower Specialist, Inc. is an overseas employment agency registered with the Philippine Overseas Employment Administration and Eastern Assurance & Surety Corporation […]
G.R. No. 159730 – 568 Phil. 256 – 544 SCRA 279 – Labor Law – Post-Employment – Constructive Dismissal – Invalid Practice of Management Rights Melvin Gnilo was the Credit and Collection Manager of Norkis Trading Co., Inc. and is in charge of the Albay and Catanduanes branches of […]
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 […]
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 […]