Month: November 2017

— Civil Law, Constitutional Law —

MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

November 3, 2017

   FACTS: Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land located at Pag-Asa, Caniogan, Pasig City, Metro Manila. The City of Pasig notified petitioner of its intention to expropriate a 1,500 square meter portion of her property to be used for the “sports development and recreational activities” of the… Read More MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

— Constitutional Law —

SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

November 3, 2017

FACTS: The Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three parcels of land belonging to said corporation which are adjacent to the premises of the hospital. The plaintiff filed an Ex-Parte Motion… Read More SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

— Labor Law —

FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

November 2, 2017

    FACTS: Kapunan, Sr. an 82 year old retired teacher, was struck by a jeepney owned by Filamer Christian Institute and driven by its alleged employee, Funtecha. Kapunan was hospitalized for 20 days. He thus instituted a criminal case against Funtecha alone, who was convicted for serious physical injuries through reckless imprudence. Thereafter, pursuant… Read More FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

— Labor Law —

NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal

November 2, 2017

    FACTS: Eugenia Credo, Chief of Property and Records of NATIONAL SERVICE CORPORATION (NASECO) filed a complaint before the Arbitration Branch of the Ministry of Labor after having been placed in forced leave without due process. Said forced leave was a product of her alleged non-compliance of a memorandum coming from a Finance Manager,… Read More NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal

— Labor Law —

NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

November 2, 2017

  FACTS: Petitioner Nito Enterprises hired Capili as an apprentice machinist under an apprenticeship agreement for six months for a daily wage, which was 75% of applicable minimum wage. However, shortly 2 months after he started work, Capili was asked to resign for the reason that he had been causing accidents, that he has been… Read More NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

— Labor Law —

MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship

November 2, 2017

    FACTS: A labor union called FOITAF (in behalf of Repomanta and Moralde) lodged a complaint against Mafinco Trading, alleging that Mafinco unlawfully dismissed both individuals. Repomanta and Mafinco executed a peddling contract whereby Repomanta agreed to “buy and sell” Cosmos soft drinks. Rey Moralde entered into a similar contract. The contracts were to… Read More MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship

— Civil Law, Constitutional Law —

Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

November 2, 2017

  FACTS: Everything went well for the family until petitioner bacame drug dependent. He was confined and he undergone psychological treatments. However, respondent claimed petitioner was not fully rehabilitated. His drug dependence worsened and it became difficult for respondent and her children to live with him being violent and irritable. Respondent and her 3 children… Read More Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

— Constitutional Law —

Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

November 2, 2017

   FACTS: Petitioner was a professor at the Araneta University Foundation.  On 7/8/74, he was found guilty  of making homosexual advances on one Leonardo De Lara by a faculty investigating committee.  On 11/8/74, another committee was appointed to investigate another charge of a similar nature against petitioner.  Petitioner, through counsel, asked for the postponement of… Read More Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

— Taxation —

CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

November 2, 2017

FACTS: Petitioner, seeks a reversal of the Decision of respondent CA, dated Aug. 27, 1990, in CA-G.R. SP No. 20426, entitled “Commissioner of Internal Revenue vs. GCL Retirement Plan, represented by its Trustee-Director and the Court of Tax Appeals,” which affirmed the Decision of the latter Court, dated 15 December 1986, in Case No. 3888,… Read More CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

— Labor Law —

St. Joseph College vs. SJC Workers G.R. No. 155609 January 17, 2005

November 2, 2017

FACTS: Petitioner is a non-stock, non-profit Catholic educational institution while respondent is a legitimate labor organization which is currently the official bargaining representative of all employees of petitioner except the faculty and consultants of the Graduate School, managerial employees and those who occupy confidential positions. Respondent has an existing CBA with petitioner for the period… Read More St. Joseph College vs. SJC Workers G.R. No. 155609 January 17, 2005