Month: April 2019

— Civil Law —

RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

April 14, 2019

FACTS: Adworld sent Transworld and Comark a letter demanding payment for the repairs of its billboard structure located at EDSA Tulay, Guadalupe which was misaligned and its foundation impaired when the adjacent billboard structure owned by Transworld and used by Comark collapsed and crashed against it. Transworld in its reply, admitted the damage caused by… Read More RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

— Civil Law, Remedial Law —

Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell

April 6, 2019

FACTS: Edgardo Ongsiaco, owner of the lot subject of this case, allowed Dativa Gonzales to occupy the same and build a house thereon. However, Ongsiaco later sold the land to the spouses Legaspi, who caused the registration of the property in their names. Thus, the Spouses Legaspi filed an action for ejectment against Gonzales. The… Read More Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell

— Corporation Law, Mercantile Law —

BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

April 6, 2019

FACTS: Traders Royal Bank (TRB) proposed to sell to petitioner Bank of Commerce (Bancommerce) for its banking business consisting of specified assets and liabilities. Bancommerce agreed subject to prior BSP’s approval of their Purchase and Assumption (P & A) Agreement. The BSP approved that agreement subject to the condition that Bancommerce and TRB would set… Read More BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

— Remedial Law —

BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion

April 6, 2019

  FACTS: Petitioner filed a complaint for sum of money with a prayer for the issuance of a writ of preliminary attachment against the spouses Manuel and Lolita Toledo. Upon the death of Manuel, he was substituted by his children as party-defendants. During trial, the reception of evidence for herein respondent was cancelled upon agreement… Read More BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion

— Constitutional Law, Political Law —

Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

April 2, 2019

FACTS: Petitioner Senator Blas Ople prays that Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System” be declared unconstitutional on two grounds, viz:  It is a usurpation of the power of Congress to legislate, and  It impermissibly intrudes on our citizenry’s protected zone of privacy. A.O. No. 308 was published in… Read More Ople v. Torres G.R. No. 127685 July 23, 1998 Executive Power and Legislative Power, Administrative Power of the Chief Executive

— Labor Law, Remedial Law —

TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

April 2, 2019

FACTS: Respondent Edwin Games was charged with qualified theft for allegedly stealing petitioner’s vehicle lubricants. Games filed a complaint for illegal dismissal against petitioner. The Labor Arbiter (LA) ruled against petitioner and ordered the latter to pay Games his separation pay, back wages, service incentive leave pay and attorney’s fees resulting from his illegal dismissal.… Read More TOYOTA ALABANG v. EDWIN GAMES G.R. No. 206612 August 17, 2015 Appellate Remedies

— Constitutional Law —

OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned

April 1, 2019

FACTS: A complaint/affidavit was filed before the Office of the Ombudsman against Binay, Jr. and other public officers and employees of the City Government of Makati (Binay, Jr., et al), accusing them of Plunder and violation of RA 3019, otherwise known as “The Anti-Graft and Corrupt Practices Act,” in connection with the five phases of… Read More OMBUDSMAN Carpio-Morales v. CA and Jejomar Binay G.R. Nos. 217126-27, November 10, 2015 Doctrine of Condonation Abandoned