— Labor Law —

Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

November 2, 2020

Independent contract relationship –– Jurisprudence instructs that the existence of an independent contract relationship may be indicated by several factors, viz.: such as, but not necessarily confined to, whether the contractor was carrying on an independent business; the nature and extent of the work; the skill required; the term and duration of the relationship; the… Read More Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

— Remedial Law —

De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

November 1, 2020

FACTS: Petitioner Chester De Joya asserts that respondent Judge Placido C. Marquez erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused. Hence, he filed the instant petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant… Read More De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

— Constitutional Law, Political Law —

Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189

October 31, 2020

FACTS: Petitioners are successful applicants for recognition of Philippine citizenship under R.A. 9225 which accords to such applicants the right of suffrage, among others.  Petitioners sought registration and certification as “overseas absentee voter” but were advised by the Philippine Embassy in the United States that, per a COMELEC letter to the DFA dated September 23,… Read More Nicolas-Lewis v. COMELEC G.R. No. 162759 August 4, 2006 Suffrage, Dual Citizenship, R.A. 9225, R.A. 9189

— Constitutional Law, Political Law —

ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System

October 30, 2020

FACTS: Petitioner is a sectoral organization that represents the interests of peasant farmers and fisherfolks, and was registered under the party-list system.  It participated in the May 2010 elections, but failed to obtain the number of votes needed for a seat in the House of Representatives. On May 31, 2012, ABANG LINGKOD manifested before the… Read More ABANG LINGKOD v. COMELEC G.R. No. 206952 October 22, 2013 Party-list System

— Constitutional Law, Political Law —

Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

October 29, 2020

FACTS: On September 12, 2007, the Sandiganbayan convicted former President Estrada for the crime of plunder, and sentenced him to suffer the penalty of Reclusion Perpetua and the accessory penalties of civil interdiction during the period of sentence and perpetual absolute disqualification. On October 25, 2007, however, former President Gloria Macapagal Arroyo extended executive clemency,… Read More Risos-Vidal v. COMELEC G.R. No. 206666 January 21, 2015 Executive Department, Pardoning Power of the President

— Constitutional Law —

Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

October 27, 2020

FACTS: In his sworn letter/complaint, Antero J. Pobre invites the Court’s attention to the following excerpts of Senator Miriam Defensor-Santiago’s speech delivered on the Senate floor: x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am humiliated, debased, degraded. And I… Read More Pobre v. Defensor-Santiago A.C. No. 7399 August 25, 2009 Parliamentary Immunity, Privileged Speech, Legislative Department

— Constitutional Law —

Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

October 27, 2020

FACTS: In a fit of anger, Baguan M. Mamiscal  decided to divorce his wife Adelaidah, by repudiating her. The repudiation was embodied in an agreement (kapasadan) signed by Mamiscal and Adelaidah. A few days later, during the obligatory period of waiting (‘iddah), Mamiscal had a change of heart and decided to make peace with his… Read More Mamiscal v. Abdullah A.M. No. SCC-13-18-J July 1, 2015 (Formerly A.M. OCA IPI No. 11-36-SCC) Jurisdiction of the Supreme Court

— Constitutional Law —

Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

October 26, 2020

FACTS: Respondent Chule Y. Lim filed a petition for correction of entries under Rule 108 of the Rules of Court with the RTC.  In her petition, respondent claimed that she was born on October 29, 1954 in Buru-an, Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal Civil Registrar of… Read More Republic v. Chule Lim G.R. No. 153883 January 13, 2004 Citizenship , Correction of Entries Rule 108 Rules of Court

— Criminal Law —

CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER

October 24, 2020

Crimes Against National Security and Law of Nation Treason [Article 114] Committed by: A Filipino citizen An Alien residing in the Philippines (A person who owes allegiance to the Philippines whether perpetual or temporary) **It is a war crime. It cannot be committed in times of peace. How Committed: *Levy war against the Philippines *Adhere… Read More CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATION and CRIMES AGAINST PUBLIC ORDER