The basic policy of labor laws in the Philippines is found in Article 3 of the Labor Code to wit: ART. 3. Declaration of basic policy. – The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.… Read More Pointers in Labor Law
FACTS: On 25 July 1996, NBI Agent Dominador Samiano, Jr. filed several applications for search warrants in the RTC against Maxicorp for alleged copyright infringement under Section 29 of PD 49 and unfair competition under Article 189 of the RPC. To support these charges, petitioners presented the testimonies of NBI Agent Samiano, computer technician Pante,… Read More Microsoft v. Maxicorp. Inc. G.R. No. 140946 September 13, 2004 Search Warrants, Probable Cause
FACTS: Arnel Alicando was charged with the crime of rape with homicide for having carnal knowledge with Khazie Mae Penecilla, a four year old. The victim suffered asphyxia by strangulation, fractured cervical vertebra and lacerations of the vaginal and rectal openings causing profuse hemorrhages and other injuries which are necessarily fatal and which were the… Read More People v. Alicando G.R. No. 117487 December 12, 1995 Plea of Guilt, Searching Inquiry, Death Penalty, Procedural Due Process
FACTS: On November 17, 1986, police officer Jose Luciano gave money and instructed his civilian informer to buy marijuana from the accused Yolanda Gesmundo. Luciano saw the accused selling marijuana to his civilian informer by the door outside the house of the accused. Immediately thereafter, that same day Luciano applied for a search warrant. Later… Read More People v. Gesmundo G.R. No. 89373. March 9, 1993 Rights of the Accused, Search Warrant
Case digest by: MA. VICTORIA O. HORA Nature: Petition for Prohibition STATEMENT OF THE CASE: Petitioner Gios-Samar, Inc., represented by its Chairperson Gerardo M. Malinao (Petitioner) filed before the Supreme Court a Petition for Prohibition (Petition) invoking the Doctrine of Transcendental Importance of the issue, assailing the constitutionality of the bundling of the Projects by… Read More GIOS-SAMAR, INC., v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS and CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, G.R. No. 217158, March 12, 2019 Transcendental Importance Doctrine
FACTS: On May 19, 2003, a confidential agent of the police transacted through cellular phone with appellant for the purchase of shabu. The agent later reported the transaction to the police authorities who immediately formed a team composed of member of the Philippine Drug Enforcement Agency (PDEA), the Intelligence group of the Philippine Army and… Read More People v. Racho G.R. No. 186529, August 3, 2010 Admissibility of Evidence, Constitutional Rights of the Accused, Warrantless Search and Seizure
FACTS: Petitioners Lino Brocka, et al. were arrested on January 28, 1985, following the forcible and violent dispersal of a demonstration held in sympathy with the jeepney strike called by the Alliance of Concerned Transport Organization (ACTO) pursuant to the Preventive Detention Action (PDA) issued by then President Ferdinand E. Marcos. Thereafter, they were charged… Read More Brocka v. Enrile G.R. No. 69863-65, December 10, 1990 Criminal Prosecution, Constitutional Rights of the Accused
FACTS: On 15 January 2009, three members from the International Committee of the Red Cross (ICRC) were purportedly inspecting a water and sanitation project for the Sulu Provincial Jail when they were seized by three armed men who were later confirmed to be members of the Abu Sayyaf Group (ASG). On 21 January 2009, a… Read More Kulayan v. Tan G.R. No. 187298 July 03, 2012 Emergency Powers of the President
FACTS: In 1973, a religious group known as “The Church In Quezon City (Church Assembly Hall), Incorporated” (“CHURCH”), was organized as “an entity of the brotherhood in Christ.” It was registered in the same year with the Securities and Exchange Commission (SEC) as a non-stock, non-profit religious corporation for the administration of its temporalities or… Read More Long and Almeria v. Basa G.R. Nos. 134963-64 September 27, 2001 Religious Freedom, Bill of RIghts
FACTS: Petitioner Teresita G. Fabian was the major stockholder and president of PROMAT Construction Development Corporation which was engaged in the construction business. Private respondents Nestor V. Agustin was the incumbent District Engineering District when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman.… Read More Fabian v. Desierto G.R. No. 129742. September 16, 1998 The Rule-Making Power of the Supreme Court