Constitutional Law, Remedial Law

National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

FACTS: On August 4, 1960, the Collector of Customs sent a notice to C.F. Sharp & Company as alleged operator of M/S “Doña Nati” informing it that said vessel was apprehended and found to have committed a violation of the customs laws and regulations in that it carried an unmanifested cargo consisting of one RCA… Read More National Development Company v. Collector of Customs, 9 SCRA 429 G.R. No. L-19180 October 31, 1963 Due Process in Administrative Proceedings, Tariff and Customs Code, Special Civil Action

Remedial Law

Remedial Law (CivPro)

By Solicitor Emile Justin Cebrian [DEJA ENTENDU NOTES] [CivPro] [v.1.0, 2016] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers,1 of authors2 on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) CIVIL PROCEDURE R22 S1… Read More Remedial Law (CivPro)

Remedial Law

Remedial Law Preliminaries

[DEJA ENTENDU NOTES] [Preliminaries] [v.1.1, 2018] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers, of authors on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) REMEDIAL LAW Substantive & remedial law, distinguished SUBSTANTIVE LAW… Read More Remedial Law Preliminaries

Labor Law

“Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

Labor Law

PEOPLE v. MELISSA CHUA a.k.a. Clarita Ng Chua, G.R. No. 187052, September 13, 2012 Illegal Recruitment

FACTS: Rey P. Tajadao testified that in August 2002, his fellow complainant, Alberto A. Aglanao, introduced him to appellant Chua.  Appellant offered him a job as a factory worker in Taiwan for deployment within the month.  Appellant then required him to undergo medical examination and pay a placement fee of ₱ 80,000. Chua assured Tajadao… Read More PEOPLE v. MELISSA CHUA a.k.a. Clarita Ng Chua, G.R. No. 187052, September 13, 2012 Illegal Recruitment

Labor Law

Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

FACTS: Romulo Padlan was convinced by petitioner Delia Romero’s words of encouragement and inspired by the potential salary of US$700.00 to US$1,200.00 a month in Israel.  Petitioner informed him that as soon as he could give her US$3,600.00, his papers would be immediately processed. Petitioner contacted Jonney Erez Mokra who instructed Romulo to attend a… Read More Romero v. People, Romulo Padlan and Arturo Siapno, G.R. No. 171644 November 23, 2011 Illegal Recruitment

Criminal Law

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

RPC, Bar Q & A, Jurisprudence Arbitrary Detention [Article 124] Committed by: Any public officer or employee  How committed? — Detains a person [without legal grounds] The following are considered LEGAL GROUNDS for the detention of any person. (1) commission of a crime  (2) violent insanity or  (3) any other ailment requiring the compulsory  confinement… Read More CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE