Author: pinayjurist

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— 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

— Constitutional Law, Political Law —

City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

September 9, 2020

FACTS: The City of General Santos enacted Ordinance No. 08, series of 2009 entitled An Ordinance Establishing the GenSan Scheme on Early Retirement for Valued Employees Security (GenSan SERVES), which was designed “to entice those employees who were unproductive due to health reasons to avail of the incentives being offered therein by way of early… Read More City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code

— Constitutional Law, Political Law —

PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law

September 7, 2020

FACTS: On October 28, 1986, President Corazon Aquino issued E. O. No. 51 (Milk Code) which states that the law seeks to give effect to Article 112 of the International Code of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA), to the effect that breastfeeding should be supported, promoted… Read More PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law

— Constitutional Law, Political Law —

MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code

September 6, 2020

FACTS:  Pursuant to Sangguniang Bayan Resolution No. 93-95, Series of 1993,  the Municipality of Parañaque filed a Complaint for expropriation  against Private Respondent V.M. Realty over two parcels of land allegedly ”for the purpose of alleviating the living conditions of the underprivileged by providing homes for the homeless through a socialized housing project.”   Petitioner, pursuant… Read More MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code

— Constitutional Law, Political Law —

Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws

September 4, 2020

FACTS: Petitioner Patricio Dumlao questions the constitutionality of section 4 of Batas Pambansa Blg. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. Said Section 4 provides: Sec. 4. Special Disqualification in addition to violation of section 10 of Art. XI I-C of the Constitution and disqualification mentioned… Read More Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws

— Labor Law —

People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

August 31, 2020

FACTS: The RTC convicted the appellant of the crimes of illegal recruitment in large scale and five (5) counts of estafa committed against complainants Airene Etac, Jowel A. Baja, Joemar Aquino, Luis M. Bernardo and Anthony M. Canlas. He exacted money from them for the plane ticket, hotel accommodation, processing of visa and placement fees. … Read More People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa

— Civil Law —

Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

August 30, 2020

FACTS: Petitioners Leoncia and Gaudioso Balogbog are the children of Basilio Balogbog and Genoveva Arzibal who died intestate in 1951 and 1961, respectively. They had an older brother, Gavino, who predeceased their parents. Private respondents Ramonito and Generoso Balogbog brought an action for partition and accounting against petitioners, claiming that they were the legitimate children… Read More Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

— Civil Law —

Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony

August 29, 2020

FACTS: Petitioner Mercedita Mata Arañes charged respondent judge with Gross Ignorance of the Law. Respondent Judge Salvador M. Occiano, is the Presiding Judge of the MTC of Balatan, Camarines Sur. Petitioner alleges that respondent judge solemnized her marriage to her late groom Dominador B. Orobia without the requisite marriage license and at Nabua, Camarines Sur… Read More Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony

— Criminal Law —

People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause

August 27, 2020

FACTS: On May 21, 1970, at nine o’clock in the evening, Asuncion Pablo Ulep died as a result of physical injuries inflicted upon her by her husband, accused Macario Ulep.  The following day, the Chief of Police received a report of the said death of Asuncion who allegedly died of a heart attack.  The Chief… Read More People v. Ulep G.R. No. L-36858 June 20, 1988 Criminal Liability, Proximate Cause