Author: pinayjurist

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— 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

— Criminal Law —

WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

October 25, 2017

FACTS: Petitioner, an Australian Citizen, was sought by Australian authorities for indictable crimes in his country. Extradition proceedings were filed against him which ordered the deportation of petitioner. Said decision was sustained by the Court of Appeals; hence, petitioner came herein by way of review on certiorari, to set aside the order of deportation, contending… Read More WRIGHT vs CA G.R. No. 113213 August 15, 1994 Extradition, Ex post facto law

— Remedial Law —

SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

October 25, 2017

FACTS: Petitioner was charged with homicide for killing the victim Wong after the latter allegedly attempted to rob him of a large amount of cash which he had just withdrawn from the automatic teller machine. Petitioner filed a demurrer to evidence after the prosecution adduced its evidence and rested its case. The trial court subsequently… Read More SANVICENTE vs. PEOPLE G.R. No. 132081. November 26, 2002 Appeal, Demurrer to Evidence, Finality-of-acquittal rule

— Taxation —

CIR vs. CA, CTA and FORTUNE TOBACCO CORPORATION G.R. No. 119761 August 29, 1996, Taxation

October 25, 2017

FACTS: ‘Champion,’ ‘Hope,’ and ‘More’ were classified as foreign brands since they were listed in the World Tobacco Directory as belonging to foreign companies. However, Fortune Tobacco changed the names of ‘Hope’ to ‘Hope Luxury’ and ‘More’ to ‘Premium More,’ thereby removing the said brands from the foreign brand category and registered as a local… Read More CIR vs. CA, CTA and FORTUNE TOBACCO CORPORATION G.R. No. 119761 August 29, 1996, Taxation

— Criminal Law, Remedial Law —

VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

October 25, 2017

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible… Read More VALDEZ vs. PEOPLE OF THE PHILIPPINES G.R. No. 170180 November 23, 2007 Warrantless Arrest, Search and Seizure, Fruit of a poisonous tree

— Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

October 24, 2017

FACTS: Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT Maysun,… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

— Civil Law —

UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

October 24, 2017

FACTS: Petition for certiorari to have the order of respondent judge ordering petitioner to produce the child, Maria Teresa Unson, his daughter barely eight years of age, with private respondent Edita N. Araneta and return her to the custody of the latter, further obliging petitioner to “continue his support of said daughter by providing for… Read More UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages