Author: pinayjurist

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— Remedial Law —

Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

September 24, 2020

FACTS: Respondent Ma. Lourdes Sienes filed a case for illegal dismissal and damages against petitioner alleging that her retrenchment was discriminatory and without basis. Petitioner argued that respondent was retrenched as part of its cost-cutting measures in order to prevent further losses. The Labor Arbiter issued a Decision dismissing the case. Aggrieved, respondent filed an… Read More Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

— Remedial Law —

Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

September 22, 2020

JURISDICTION OF METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS: Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts,… Read More Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

— Constitutional Law, Political Law —

Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

September 21, 2020

FACTS: A rash of bombings occurred in the Metro Manila area in the months of August, September and October of 1980. On September 6, 1980, an explosion in his room at the YMCA building in Manila led to the arrest of the injured Victor Burns Lovely, Jr., an American citizen.  Found in Lovely’s possession were… Read More Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

— Civil Law —

OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights

September 20, 2020

FACTS: Private respondents filed a complaint for specific performance against herein petitioner Natalia Carpena Opulencia, alleging that she executed in their favor a CONTRACT TO SELL Lot 2125 of the Sta. Rosa Estate, consisting of 23,766 sqms.; that plaintiffs paid a downpayment of P300,000.00 but Opulencia, despite demands, failed to comply with her obligations under… Read More OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights

— Civil Law —

Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

September 19, 2020

FACTS: Petitioner, a Japanese national, met private respondent sometime in 2002 in one of his visits to the Philippines. Private respondent introduced herself as “single” and “has never married before.” They got married later that year in Pasay City. After the wedding, the couple resided in Japan. In July 2009, petitioner noticed his wife become… Read More Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

— Civil Law, Remedial Law —

LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

September 17, 2020

VICTORIA MANUFACTURING CORP. EMPLOYEES UNION v. VICTORIA MANUFACTURING CORP. G.R. No. 234446 July 24, 2019 The doctrine of estoppel by laches, pursuant to the ruling in Tijam, et al. v. Sibonghanoy, may operate to bar jurisdictional challenges. In that case, lack of jurisdiction was raised for the first time only in a motion for reconsideration filed… Read More LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

— Criminal Law —

PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

September 16, 2020

FACTS: Rose Orillosa met accused-appellant in 1994. They decided to live together as husband and wife. Rose has 3 children of her estranged husband Ricardo, namely Analia, who was born on December 18, 1985; Jepsy, who was 11 years old, and Rossel, who was nine years old. On November 5, 1998, at about 3:00 p.m.,… Read More PEOPLE v. LIZADA G.R. No. 143468-71. January 24, 2003 Essential Elements of an Attempted Felony 

— Civil Law —

Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

September 15, 2020

FACTS: Respondent Gregorio Nolasco filed a petition for the declaration of presumptive death of his wife Janet Monica Parker. The petition prayed that respondent’s wife be declared presumptively dead or, in the alternative, that the marriage be declared null and void. Respondent Nolasco was a seaman and he met Janet, a British subject, in a… Read More Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

— Constitutional Law, Political Law —

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality

September 14, 2020

Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Locus Standi, Constitutionality PINAY JURIST  FACTS: The instant petition for certiorari assails the constitutionality and validity of certain memoranda, circulars and/or orders of the Department of Transportation and Communications (DOTC) and the Land Transportation Franchising and Regulatory Board… Read More Kilusang Mayo Uno Labor Center v. Garcia G.R. No. 115381 December 23, 1994 Delegation of Legislative Authority, Constitutionality