Month: July 2018

— Criminal Law —

PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

July 10, 2018

FACTS: Appellant Manolito Opiana was charged with the crimes of violations of Section 5 (sale of illegal drugs; 0.05 gram) and Section 11 (possession of dangerous drugs; 0.74 gram) of R.A. 9165 in a buy-bust operation on appellant who was reportedly engaged in illegal drug trade. Appellant was apprehended and when bodily frisked, 19 heat-sealed… Read More PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

— Labor Law, Remedial Law —

ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

July 9, 2018

FACTS: A manpower audit conducted by respondent Philex revealed that 241 of its employees were redundant. Thus, Philex undertook a retrenchment program that resulted in the termination of petitioners’ employment. Consequently, petitioners filed a case for illegal dismissal against respondent. The case was submitted for arbitration through the NCMB. The Voluntary Arbitrator ordered the reinstatement… Read More ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

— Constitutional Law —

VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

July 5, 2018

FACTS: As part of the duty to maintain peace and order, the National Capital Region District Command (NCRDC) installed checkpoints in various parts of Valenzuela, Metro Manila. Petitioners aver that, because of the installation of said checkpoints, the residents of Valenzuela are worried of being harassed and of their safety being placed at the arbitrary,… Read More VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

— Labor Law, Remedial Law —

MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data

July 5, 2018

FACTS: Respondent Cherry Lim works as an administrative clerk at MERALCO. The HR directed the transfer of respondent to MERALCOs Alabang Sector in Muntinlupa  due to reports that there were accusations and threats directed against her from unknown individuals, which could possibly compromise her safety and security. Lim appealed her transfer and requested for a… Read More MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data

— Labor Law —

SMART COMMUNICATIONS, INC. vs. ASTORGA G.R. No. 148132 January 28, 2008 Redundancy, authorised causes for dismissal, Article 283, One month Notice, Backwages

July 5, 2018

FACTS: Astorga was employed by Smart as District Sales Manager of the Corporate Sales Marketing Group/ Fixed Services Division. SMART launched an organizational realignment to achieve more efficient operations. Part of the reorganization was the outsourcing of the marketing and sales force. Thus, SMART formed SMART-NTT Multimedia, Incorporated (SNMI). Since SNMI was formed to do… Read More SMART COMMUNICATIONS, INC. vs. ASTORGA G.R. No. 148132 January 28, 2008 Redundancy, authorised causes for dismissal, Article 283, One month Notice, Backwages

— Labor Law —

CLUB FILIPINO, INC. vs. Bautista July 13, 2009 G.R. No. 168406 Strike

July 3, 2018

FACTS: Petitioner Club Filipino, Inc. (the company) is a non-stock, non profit corporation duly formed, organized and existing under Philippine laws.   Respondents on the other hand, were former officers and members of the Club Filipino Employees Association (the union).   The union and the company had a collective bargaining agreement. Prior to the expiration… Read More CLUB FILIPINO, INC. vs. Bautista July 13, 2009 G.R. No. 168406 Strike

— Constitutional Law, Remedial Law —

CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

July 2, 2018

FACTS:   Petitioner charged respondents with violation of Section 3(c) of Republic Act No. 3019. or the Anti-Graft and Corrupt Practices Act. and Misconduct. Petitioner alleged that during the period of 29 March 2006 to 1 April 2006, respondents utilized a heavy equipment grader owned by the Province of Aklan in levelling a portion of… Read More CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman