Month: September 2020

— Civil Law —

Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

September 19, 2020

FACTS: Petitioner, a Japanese national, met private respondent sometime in 2002 in one of his visits to the Philippines. Private respondent introduced herself as “single” and “has never married before.” They got married later that year in Pasay City. After the wedding, the couple resided in Japan. In July 2009, petitioner noticed his wife become… Read More Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

— Civil Law, Remedial Law —

LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

September 17, 2020

VICTORIA MANUFACTURING CORP. EMPLOYEES UNION v. VICTORIA MANUFACTURING CORP. G.R. No. 234446 July 24, 2019 The doctrine of estoppel by laches, pursuant to the ruling in Tijam, et al. v. Sibonghanoy, may operate to bar jurisdictional challenges. In that case, lack of jurisdiction was raised for the first time only in a motion for reconsideration filed… Read More LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

— Criminal Law —

PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

September 16, 2020

FACTS: Rose Orillosa met accused-appellant in 1994. They decided to live together as husband and wife. Rose has 3 children of her estranged husband Ricardo, namely Analia, who was born on December 18, 1985; Jepsy, who was 11 years old, and Rossel, who was nine years old. On November 5, 1998, at about 3:00 p.m.,… Read More PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

— Civil Law —

Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

September 15, 2020

FACTS: Respondent Gregorio Nolasco filed a petition for the declaration of presumptive death of his wife Janet Monica Parker. The petition prayed that respondent’s wife be declared presumptively dead or, in the alternative, that the marriage be declared null and void. Respondent Nolasco was a seaman and he met Janet, a British subject, in a… Read More Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

— Constitutional Law, Political Law —

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

September 14, 2020

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Locus Standi, Constitutionality PINAY JURIST  FACTS: The instant petition for certiorari assails the constitutionality and validity of certain memoranda, circulars and/or orders of the Department of Transportation and Communications (DOTC) and the Land Transportation Franchising and Regulatory Board… Read More Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

— Civil Law —

CONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar Q & A

September 13, 2020

Lex loci contractus — The law of the place where the contract is made governs or lex loci contractus; as the parties did not designate the applicable law and the Agreement was perfected in the Philippines, our Arbitration laws apply. (DFA vs. BCA Int’l. Corp., G.R. No. 225051, July 19, 2017) PRINCIPLES:       (a)   The… Read More CONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar Q & A

— Civil Law —

Manzano v. Judge Sanchez A.M. No. MTJ-00-1329 March 8, 2001 Marriage License, Legal Ratification of Marital Cohabitation

September 12, 2020

FACTS: Complainant avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966. However, on 22 March 1993, her husband contracted another marriage with one Luzviminda Payao solemnized by respondent Judge.  Respondent Judge, on the other hand, claims that he did not know that Manzano… Read More Manzano v. Judge Sanchez A.M. No. MTJ-00-1329 March 8, 2001 Marriage License, Legal Ratification of Marital Cohabitation

— Labor Law —

Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract

September 11, 2020

FACTS: Petitioner Paul Santiago had been working as a seafarer for Smith Bell Management, Inc. (respondent) for about five (5) years.  On 3 February 1998, petitioner signed a new contract of employment with respondent, with the duration of nine (9) months. He was assured of a monthly salary of US$515.00, overtime pay and other benefits. … Read More Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract