Month: October 2020

— Corporation Law, Remedial Law —

Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping

October 3, 2020

FACTS: Respondent Kemper Insurance Company, a foreign insurance company not doing business in the Philippines, except in isolated transactions, insured the shipment of imported frozen boneless beef, which was loaded at a port in Brisbane, Australia, for shipment to Genosi, Inc. in the Philippines.   However, upon arrival at the Manila port, a portion of the… Read More Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping

— Civil Law —

THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus

October 3, 2020

FACTS: Private respondent Marcelo Santos was an overseas worker, while petitioners are the Manila Hotel Corporation (MHC) and the Manila Hotel International Company, Limited (MHICL). During his employment with the Mazoon Printing Press in the Sultanate of Oman, respondent Santos received a letter from Mr. Gerhard R. Shmidt, General Manager, Palace Hotel, Beijing, China, to… Read More THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus

— Civil Law —

Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

October 2, 2020

The Family Code (E.O. NO. 209), As Amended by R.A. NO. 9255 Article 26 –– In this case, We find that Par. 2 of Art. 26 violates one of the essential requisites of the equal protection clause; particularly, the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is… Read More Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

— Criminal Law —

People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson

October 1, 2020

FACTS: Silvestre Romana, wife of Domingo Joaquin, cohabited with co-defendant Martin Atienza in the barrio of Masocol, municipality of Paombong, Bulacan.  Domingo Joaquin filed a complaint for adultery. The two acused begged the municipal president of Paombong to to urge Domingo to withdraw the complaint. They promised to discontinue cohabitation, and not to live again… Read More People v. Silvestre and Atienza G.R. No. L-35748 December 14, 1931 Conspiracy to Commit Arson