Author: pinayjurist

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— Remedial Law —

Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim

November 12, 2020

FACTS: Respondent spouses filed a complaint for damages against petitioner Santo Tomas University Hospital alleging that their son, Emmanuel Cesar Surla, while confined at the said hospital for having been born prematurely, had accidentally fallen from his incubator, possibly causing serious harm on the child.  Petitioner hospital filed its Answer with “Compulsory Counterclaim” asserting that… Read More Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim

— Labor Law —

People v. Teresita “Tessie” Laogo G.R. No. 176264 January 10, 2011 Illegal Recruitment

November 10, 2020

FACTS: An Information was filed against appellant Teresita “Tessie” Laogo and a certain Susan Navarro, charging them of the crime of Illegal Recruitment (Large Scale). Navarro met the complainants in a town fiesta, and invited them into her house where she introduced them to appellant. Navarro told the complainants that she would be able to… Read More People v. Teresita “Tessie” Laogo G.R. No. 176264 January 10, 2011 Illegal Recruitment

— Constitutional Law, Political Law —

Biraogo v. Philippine Truth Commission G.R. No. 192935 December 7, 2010 Executive Department

November 8, 2020

FACTS: At the dawn of his administration, President Benigno Simeon Aquino III, on July 30, 2010, signed Executive Order No. 1 establishing the Philippine Truth Commission of 2010 (Truth Commission). Petitioner Louis Biraogo, in his capacity as a citizen and taxpayer, assails EO No. 1 for being violative of the legislative power of Congress under… Read More Biraogo v. Philippine Truth Commission G.R. No. 192935 December 7, 2010 Executive Department

— Remedial Law —

Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

November 6, 2020

FACTS: Optima is engaged in the business of leasing and renting out commercial spaces and buildings to its tenants.  Optima entered into a Contract of Lease with respondent over a 131-square-meter office unit and a parking slot in the Optima Building for a period of three years. Later, the parties amended their lease agreement by… Read More Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

— Constitutional Law, Political Law —

MACEDA v. VASQUEZ, ET AL. GR No. 102781 April 22, 1993 Supreme Court Administrative Supervision over all courts and court personnel

November 3, 2020

FACTS: In his affidavit-complaint filed before the Office of the Ombudsman, respondent Napoleon A. Abiera of the Public Attorney’s Office alleged that petitioner Bonifacio Sanz Maceda, Presiding Judge of Branch 12 RTC Antique, had falsified his Certificate of Service dated February 6, 1989, by certifying “that all civil and criminal cases which have been submitted… Read More MACEDA v. VASQUEZ, ET AL. GR No. 102781 April 22, 1993 Supreme Court Administrative Supervision over all courts and court personnel

— Labor Law —

Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

November 2, 2020

Independent contract relationship –– Jurisprudence instructs that the existence of an independent contract relationship may be indicated by several factors, viz.: such as, but not necessarily confined to, whether the contractor was carrying on an independent business; the nature and extent of the work; the skill required; the term and duration of the relationship; the… Read More Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

— Remedial Law —

De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

November 1, 2020

FACTS: Petitioner Chester De Joya asserts that respondent Judge Placido C. Marquez erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused. Hence, he filed the instant petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant… Read More De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

— Constitutional Law, Political Law —

Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189

October 31, 2020

FACTS: Petitioners are successful applicants for recognition of Philippine citizenship under R.A. 9225 which accords to such applicants the right of suffrage, among others.  Petitioners sought registration and certification as “overseas absentee voter” but were advised by the Philippine Embassy in the United States that, per a COMELEC letter to the DFA dated September 23,… Read More Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189

— Constitutional Law, Political Law —

ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System

October 30, 2020

FACTS: Petitioner is a sectoral organization that represents the interests of peasant farmers and fisherfolks, and was registered under the party-list system.  It participated in the May 2010 elections, but failed to obtain the number of votes needed for a seat in the House of Representatives. On May 31, 2012, ABANG LINGKOD manifested before the… Read More ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System