Author: pinayjurist

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— Labor Law —

Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

October 31, 2019

FACTS: Romulo Padlan was convinced by petitioner Delia Romero’s words of encouragement and inspired by the potential salary of US$700.00 to US$1,200.00 a month in Israel.  Petitioner informed him that as soon as he could give her US$3,600.00, his papers would be immediately processed. Petitioner contacted Jonney Erez Mokra who instructed Romulo to attend a… Read More Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

— Criminal Law —

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

October 25, 2019

RPC, Bar Q & A, Jurisprudence Arbitrary Detention [Article 124] Committed by: Any public officer or employee  How committed? — Detains a person [without legal grounds] The following are considered LEGAL GROUNDS for the detention of any person. (1) commission of a crime  (2) violent insanity or  (3) any other ailment requiring the compulsory  confinement… Read More CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

— Political Law —

Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

October 21, 2019

FACTS: This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court, invoking the power of the Court “to promulgate rules concerning protection and enforcement of constitutional rights, to declare the cases filed by private respondents against petitioners as Strategic Lawsuits Against Public Participation (SLAPP) and therefore contrary to the… Read More Mercado v. Lopena G.R. No. 230170, June 06, 2018 Strategic Lawsuits Against Public Participation (SLAPP)

— Constitutional Law, International Law, Political Law —

Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

October 8, 2019

January 16 – July 28, 2017 August 6, 2017 April 20, 2018 POLITICAL LAW  THE  CONSTITUTION  The Doctrine of Constitutional Supremacy  Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into… Read More Notes and Cases POLITICAL LAW AND PUBLIC INTERNATIONAL LAW Atty. EDWIN REY SANDOVAL

— Remedial Law —

Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

October 5, 2019

FACTS: Accused, Dominador Bustos, assisted by counsel, appeared at the preliminary investigation, wherein the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, to which he entered the plea of not guilty.  Then his counsel moved that the complainant present her evidence so that she… Read More Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

— Remedial Law —

Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

October 1, 2019

FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

— Remedial Law —

CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

October 1, 2019

FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules