Author: pinayjurist

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— Constitutional Law, Remedial Law —

CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

July 2, 2018

FACTS:   Petitioner charged respondents with violation of Section 3(c) of Republic Act No. 3019. or the Anti-Graft and Corrupt Practices Act. and Misconduct. Petitioner alleged that during the period of 29 March 2006 to 1 April 2006, respondents utilized a heavy equipment grader owned by the Province of Aklan in levelling a portion of… Read More CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

— Civil Law —

Vernon T. Reyes vs. Republic of the Philippines G.R. No. 141924 January 23, 2007 Requisites for an application for Land Registration

June 29, 2018

FACTS: On February 5, 1996, herein petitioner, filed with the RTC an application for confirmation and registration of his imperfect title over a parcel of land. Petitioner alleged inter alia in his application that on December 24, 1992, he and the other grandchildren of the late Eusebio Vicente executed a Deed of Extra-Judicial Settlement wherein… Read More Vernon T. Reyes vs. Republic of the Philippines G.R. No. 141924 January 23, 2007 Requisites for an application for Land Registration

— Corporation Law —

CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction

June 26, 2018

FACTS: Petitioner Concept Builders, Inc., a domestic corporation, is engaged in the construction business. Private respondents were employed by said company as laborers, carpenters and riggers. Private respondents were served individual written notices of termination of employment by petitioner, stating that their contracts of employment had expired and the project in which they were hired… Read More CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction

— Corporation Law, Mercantile Law, Remedial Law —

VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

June 26, 2018

FACTS: The respondent spouses are members in good standing of the Luz Village Tennis Club, Inc. (club). They alleged that petitioner Teodoro B. Vesagas, who claims to be the clubs duly elected president, in conspiracy with petitioner Wilfred D. Asis, who, in turn, claims to be its duly elected vice-president and legal counsel, summarily stripped… Read More VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

— Civil Law —

Castillo v. Republic G.R. No. 214064 February 6, 2017 Psychological Incapacity, Art. 36, FC

June 20, 2018

FACTS: Mirasol and Felipe started as friends then, eventually, became sweethearts. During their courtship, Mirasol discovered that Felipe sustained his affair with his former girlfriend. The couple’s relationship turned tumultuous after the revelation. With the intervention of their parents, they reconciled. They got married and were blessed with two childåren. However, after thirteen years of… Read More Castillo v. Republic G.R. No. 214064 February 6, 2017 Psychological Incapacity, Art. 36, FC

— Criminal Law —

PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “Women’s Honor” Doctrine

June 20, 2018

FACTS: [AAA] is single, a housekeeper and a resident of  Davao City. [AAA] testified that on February 10, 2009, at around 6:00 o’clock in the evening, she was watching a beauty contest with her aunt at a basketball court where a make-shift stage was put up. The only lights available were those coming from the… Read More PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “Women’s Honor” Doctrine

— Labor Law —

PLDT v. TOLENTINO G.R. No. 143171   September 21, 2004 Managerial Employee, Security of tenure, Reinstatement, Substantial evidence

June 19, 2018

FACTS: Respondent Tolentino was employed in petitioner PLDT for 23 years. He started in 1972 as an installer/helper and, at the time of his termination in 1995, was the division manager of the Project Support Division, Provincial Expansion Center, Meet Demand Group. His division was in charge of the evaluation, recommendation and review of documents… Read More PLDT v. TOLENTINO G.R. No. 143171   September 21, 2004 Managerial Employee, Security of tenure, Reinstatement, Substantial evidence

— Labor Law —

PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

June 19, 2018

Settled is the rule that findings of facts of the Court of Appeals are accorded respect, even finality, and will not be disturbed especially where such findings are supported by substantial evidence. One of the exceptions, however, is when there is a variance between the findings of the NLRC and the Court of Appeals, as… Read More PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

— Labor Law —

EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment

June 19, 2018

  In termination disputes, the burden of proving that an employee had been dismissed for a lawful cause or that the exacting procedural requirements under the Labor Code had been complied with lies with the employer. Where there is no showing of a clear, valid, and legal cause for termination of employment, the law considers… Read More EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment