Taxation

PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

  FACTS:  PLDT paid a franchise tax equal to three percent (3%) of its gross receipts. The franchise tax was paid “in lieu of all taxes on this franchise or earnings thereof” pursuant to RA 7082. The exemption from “all taxes on this franchise or earnings thereof” was subsequently withdrawn by RA 7160 (LGC), which… Read More PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

Civil Law

Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

  FACTS:  In its June 5, 2002 decision,  the RTC declared Cesar’s marriage to Lolita void, finding sufficient basis to declare Lolita psychologically incapacitated to comply with the essential marital obligations. The petitioner, through the OSG, appealed to the CA. The OSG argues that Dr. Flores’ psychological evaluation report did not disclose that Lolita had… Read More Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

Political Law

SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

FACTS: Petitioners assail for being intrinsically vague and impermissibly broad the definition of the crime of terrorism under RA 9372 (the Human Security Act of 2007) in that terms like “widespread and extraordinary fear and panic among the populace” and “coerce the government to give in to an unlawful demand” are nebulous, leaving law enforcement… Read More SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

Political Law, Taxation

BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax

FACTS:  On June 8, 2001, RA 9136 (EPIRA) was enacted by Congress with the goal of restructuring the electric power industry and privatization of the assets of the National Power Corporation. On February 27, 2002, pursuant to Section 77 of the EPIRA, the Secretary of the Department of Energy promulgated the IRR. Section 63 of the… Read More BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax

Civil Law, Political Law

QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

FACTS: Respondent Rita C. Quiao filed a complaint for legal separation against petitioner Brigido B. Quiao. Subsequently, the RTC rendered a Decision granting the same and custody of the minor children were awarded to Rita. Their property as enumerated was to be divided among the spouses equally subject to the respective legitimes of the children and… Read More QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

Labor Law, Political Law

YAP vs. THENAMARIS SHIP’S MANAGEMENT and INTERMARE MARITIME AGENCIES, INC.,  G.R. No. 179532 May 30, 2011 Sec. 10 of R.A. 8042

FACTS:  Claudio S. Yap was employed as electrician of the vessel, M/T SEASCOUT by Intermare Maritime Agencies, Inc. in behalf of its principal, Vulture Shipping Limited. The contract of employment entered into by Yap and Capt. Francisco B. Adviento, the General Manager of Intermare, was for a duration of 12 months. On 23 August 2001,… Read More YAP vs. THENAMARIS SHIP’S MANAGEMENT and INTERMARE MARITIME AGENCIES, INC.,  G.R. No. 179532 May 30, 2011 Sec. 10 of R.A. 8042

Political Law

PKSMMN vs.EXECUTIVE SECRETARY G.R. Nos. 147036-37 April 10, 2012 coco levy funds, substantive due proces

FACTS:  In 1976 President Marcos enacted P.D. 961, the Coconut Industry Code, which consolidated and codified existing laws relating to the coconut industry. The Code provided that surpluses from the CCS Fund and the CID Fund collections, not used for replanting and other authorized purposes, were to be invested by acquiring shares of stock of corporations,… Read More PKSMMN vs.EXECUTIVE SECRETARY G.R. Nos. 147036-37 April 10, 2012 coco levy funds, substantive due proces

Criminal Law

Ladonga vs. People of the Philippines G.R. No. 141066, Feb. 17, 2005 BP 22

FACTS:  Evangelina and Adronico Ladonga and spouse, conspiring and knowing fully well that they did not have sufficient funds deposited with the United Coconut Planters Bank (UCPB), drew and issue UCPB Check No. 284743 postdated July 7, 1990 in the amount of P9,075.55), payable to Alfredo Oculam, and thereafter, without informing the latter that they… Read More Ladonga vs. People of the Philippines G.R. No. 141066, Feb. 17, 2005 BP 22

Civil Law

HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

FACTS: These are two petitions for review on certiorari questioning the decision of the CA which declared the disputed property as forest land, not subject to titling in favor of private persons. These petitions have their genesis in an application for confirmation of imperfect title and its registration filed with the Court of First Instance… Read More HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

Criminal Law

US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY

FACTS: The accused had been a consumer of electricity furnished by the Manila Electric Railroad and Light Company for a building containing the residence of the accused and three other residences. The representatives of the company, believing that more light was being used than their meter showed, installed an additional meter (Exhibit A) on a… Read More US vs CARLOS G.R. No. 6295 September 1, 1911 THEFT, LARCENY