Author: pinayjurist

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— Constitutional Law —

REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

October 30, 2017

FACTS: In the aftermath of the EDSA Revolution, President Corazon C. Aquino issued Executive Order (EO) No. 1, creating the Presidential Commission on Good Government (PCGG) tasked with the recovery of all ill-gotten wealth accumulated by former President Ferdinand Marcos, his immediate family, relatives, subordinates and close associates.  This was followed by EO Nos. 2… Read More REPUBLIC vs. ESTATE OF MENZI G.R. No. 152578 November 23, 2005 PCGG

— Constitutional Law —

OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

October 30, 2017

FACTS: Petitioners pray for this Court to declare Republic Act No. 7056 as unconstitutional and, therefore, invalid and inoperative because: 1. It violates the mandate of the Constitution for the holding of synchronized national and local elections on the second Monday of May 1992. 2. Republic Act 7056, particularly the 2nd paragraph of Section 3… Read More OSMEÑA vs. COMELEC G.R. No. 100318 June 30, 1991 Elections

— Taxation —

PHILIPPINE PORTS AUTHORITY vs. CITY OF ILOILO G.R. No. 109791 July 14, 2003 Real property Tax, Business Tax

October 30, 2017

FACTS: PPA is created und PD 857 and under Section 25 of its charter, PPA is exempted from paying real property tax. PPA is engaged in the business of arrastre and stevedoring and leasing of real estate. Also, it owns a warehouse for its operation. On June 11, 1984, PD 1931 withdrew all tax exemptions… Read More PHILIPPINE PORTS AUTHORITY vs. CITY OF ILOILO G.R. No. 109791 July 14, 2003 Real property Tax, Business Tax

— Taxation —

MCIAA vs. MARCOS G.R. No. 120082, September 11, 1996 261 SCRA 667 Public Corporation, Taxation, Local Government Code, Realty Tax,

October 30, 2017

FACTS: Mactan Cebu International Airport Authority (MCIAA) was created by virtue of Republic Act 6958. Since the time of its creation, MCIAA enjoyed the privilege of exemption from payment of realty taxes in accordance with Section 14 of its Charter. However on 11 October 1994, the Office of the Treasurer of Cebu, demanded for the… Read More MCIAA vs. MARCOS G.R. No. 120082, September 11, 1996 261 SCRA 667 Public Corporation, Taxation, Local Government Code, Realty Tax,

— Civil Law —

SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

October 30, 2017

FACTS: This is an action to recover the possession of a piece of real property (land and warehouses) situated in Pandacan Manila, and the rentals for its occupation and use. The land belongs to the plaintiff, Sagrada Orden, in whose name the title was registered before the war. During the Japanese military occupation, the land was… Read More SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

— Remedial Law —

PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

October 26, 2017

FACTS: Louel Uy and Teofilo Panangin were charged for the killing of Rabel Campos who was found dead with several stab wounds. The RTC granted the separate demurrer to evidence of accused Uy and Panangin resulting in their acquittal for murder due to insufficiency of evidence, but nevertheless holding them jointly and severally liable to… Read More PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

— Criminal Law, Remedial Law —

PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

October 26, 2017

FACTS: Accused-appellants Florencio Doria and Violeta Gaddao were charged with violation of Section 4, in relation to Section 21 of the Dangerous Drugs Act of 1972. Members of PNP Narcotics Command (Narcom), received information from two civilian informants (CI) that one “Jun” who was later identified to be Florencio Doria was engaged in illegal drug… Read More PEOPLE vs. DORIA G.R. No. 125299. January 22, 1999 Illegal Sale of Dangerous Drugs, Warrantless Arrests, Search and Seizure, Plain View Doctrine

— Taxation —

CAMP JOHN HAY VS. LIM G.R. No. 119775 MARCH 29, 2005 Taxation, Tax exemption

October 25, 2017

FACTS: Petitioners filed their Petition for prohibition, mandamus and declaratory relief assailing (1) the constitutionality of Proclamation No. 420 and (2) the legality of the Memorandum of Agreement and Joint Venture Agreement previously entered into between public respondent BCDA and private respondents. Section 3 of Proclamation No. 420 was declared NULL AND VOID and is… Read More CAMP JOHN HAY VS. LIM G.R. No. 119775 MARCH 29, 2005 Taxation, Tax exemption

— Labor Law —

DY KEH BENG vs. INTERNATIONAL LABOR and MARINE UNION OF THE PHILIPPINES, ET AL. G.R. No. L-32245 May 25, 1979 Employer-employee Relationship, Unfair labor practice, Control test

October 25, 2017

  FACTS: A charge of unfair labor practice was filed against Dy Keh Beng, proprietor of a basket factory, for discriminatory acts within the meaning of Section 4(a), sub-paragraph (1) and (4). Republic Act No. 875, by dismissing Carlos N. Solano and Ricardo Tudla for their union activities. After preliminary investigation was conducted, a case… Read More DY KEH BENG vs. INTERNATIONAL LABOR and MARINE UNION OF THE PHILIPPINES, ET AL. G.R. No. L-32245 May 25, 1979 Employer-employee Relationship, Unfair labor practice, Control test

— Remedial Law —

PALU-AY vs. CA G.R. No. 112995. July 30, 1998 Double Jeopardy, Annulment of judgment

October 25, 2017

FACTS: In the case at bar, it is contended that the decision of the RTC should be annulled because it is based on an issue not made out during the trial. This case of annulment of final judgment was dismissed by the CA. the CA held that petitioner could not validly file a petition for… Read More PALU-AY vs. CA G.R. No. 112995. July 30, 1998 Double Jeopardy, Annulment of judgment