Author: pinayjurist

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— Constitutional Law, Labor Law —

Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

December 4, 2017

FACTS: For Antonio Serrano, a Filipino seafarer, the last clause in the 5th paragraph of Section 10, Republic Act (R.A.) No. 8042, does not magnify the contributions of OFWs to national development, but exacerbates the hardships borne by them by unduly limiting their entitlement in case of illegal dismissal to their lump-sum salary either for… Read More Serrano vs. Gallant Maritime Services G.R. No. 167614 March 24, 2009 Non-impairment of Contract Clause, OFW Employment Contract

— Constitutional Law —

ABS-CBN vs. COMELEC GR No. 133486, January 28, 2000 Moot and Academic Principle

December 1, 2017

FACTS: Before us is a Petition for Certiorari under Rule 65 of the Rules of Court assailing COMELEC en banc Resolution No. 98-1419 dated April 21, 1998. In the said Resolution, the poll body “RESOLVED to approve the issuance of a restraining order to stop ABS-CBN or any other groups, its agents or representatives from… Read More ABS-CBN vs. COMELEC GR No. 133486, January 28, 2000 Moot and Academic Principle

— Constitutional Law —

Velarde vs. SJS G.R. No. 159357 April 28, 2004 Form of Decision

December 1, 2017

FACTS: SJS, a registered political party, sought the interpretation of several constitutional provisions, specifically on the separation of church and state; and a declaratory judgment on the constitutionality of the acts of religious leaders endorsing a candidate for an elective office, or urging or requiring the members of their flock to vote for a specified… Read More Velarde vs. SJS G.R. No. 159357 April 28, 2004 Form of Decision

— Civil Law, Constitutional Law —

BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

December 1, 2017

 FACTS: The Bank of the Philippine Islands (BPI), through its predecessor-in- interest, Far East Bank and Trust Company (FEBTC), extended credit accommodations to the ASB Group with an outstanding aggregate principal amount of P86,800,000.00, secured by a real estate mortgage over two (2) properties located in Greenhills, San Juan. On 2 May 2000, the ASB… Read More BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

— Constitutional Law —

Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

November 28, 2017

FACTS: Petitioner is the registered owner of a parcel of land. She acquired this property from the San Antonio Development Corporation (SADC). Prior to the transfer of the property to petitioner by SADC, PEA wrote SADC requesting permission to enter the latter’s property, for the purpose of constructing thereon the southern abutment of the Zapote… Read More Tan vs. Republic G.R. No. 170740, 25 May 2007,523 SCRA 203 Eminent Domain

— Constitutional Law —

Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

November 28, 2017

FACTS: Sometime in the 1960’s, RCAM allowed a number of individuals to occupy the Grace Park property on condition that they would vacate the premises should the former push through with the plan to construct a school in the area. The plan, however, did not materialize, thus, the occupants offered to purchase the portions they… Read More Manapat vs. CA G.R. No. 110478 October 15, 2007 Eminent Domain

— Constitutional Law —

SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

November 28, 2017

FACTS: On September 20, 1996, the Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three (3) parcels of land with a total area of 1,158 sq. m. (the properties) belonging to said corporation… Read More SMI Development Corporation vs. Republic G.R. No. 137537. January 28, 2000 Eminent Domain

— Legal Ethics —

EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

November 28, 2017

FACTS: On 29 September 1997 ECTHA and respondent Dioneda entered into a Retainer’s Agreement wherein respondent lawyer agreed to handle the case of the complainant against LVF Realty, Mr. Tinsay and BPI Family Savings Bank by way of filing a Complaint-in-Intervention, for P20,000.00 as attorney’s fees and P1,000.00 as appearance fee per hearing. It was… Read More EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

— Legal Ethics —

LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

November 28, 2017

  FACTS: Lothar Schulz, a German national filed a verified complaint for disbarment against Atty. Marcelo G. Flores.  He alleged that he engaged the services of respondent for the purposes of filing a complaint against Wilson Ong for revocation of contract and damages for the latter’s failure to deliver the jeep he sold to complainant… Read More LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics