Category: Remedial Law

— Labor Law, Remedial Law —

ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

July 9, 2018

FACTS: A manpower audit conducted by respondent Philex revealed that 241 of its employees were redundant. Thus, Philex undertook a retrenchment program that resulted in the termination of petitioners’ employment. Consequently, petitioners filed a case for illegal dismissal against respondent. The case was submitted for arbitration through the NCMB. The Voluntary Arbitrator ordered the reinstatement… Read More ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

— Labor Law, Remedial Law —

MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data

July 5, 2018

FACTS: Respondent Cherry Lim works as an administrative clerk at MERALCO. The HR directed the transfer of respondent to MERALCOs Alabang Sector in Muntinlupa  due to reports that there were accusations and threats directed against her from unknown individuals, which could possibly compromise her safety and security. Lim appealed her transfer and requested for a… Read More MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data

— Constitutional Law, Remedial Law —

CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

July 2, 2018

FACTS:   Petitioner charged respondents with violation of Section 3(c) of Republic Act No. 3019. or the Anti-Graft and Corrupt Practices Act. and Misconduct. Petitioner alleged that during the period of 29 March 2006 to 1 April 2006, respondents utilized a heavy equipment grader owned by the Province of Aklan in levelling a portion of… Read More CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

— Corporation Law, Mercantile Law, Remedial Law —

VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

June 26, 2018

FACTS: The respondent spouses are members in good standing of the Luz Village Tennis Club, Inc. (club). They alleged that petitioner Teodoro B. Vesagas, who claims to be the clubs duly elected president, in conspiracy with petitioner Wilfred D. Asis, who, in turn, claims to be its duly elected vice-president and legal counsel, summarily stripped… Read More VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

— Constitutional Law, Remedial Law —

VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

June 4, 2018

A waiver of an illegal arrest  is not a waiver of an illegal search. FACTS: Petitioner Danilo Villanueva was charged with violation of Section 11, Article II of Republic Act (R.A.) No. 9165 or The Comprehensive Dangerous Drugs Act of 2002. A Complaint was filed by Brian Resco against Danilo Villanueva for allegedly shooting the… Read More VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

— Remedial Law —

BATAS PAMBANSA 129 (B.P. 129)

May 8, 2018

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES PRELIMINARY CHAPTER Section 1. Title. – This Act shall be known as “The Judiciary Reorganization Act of 1980.” Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile… Read More BATAS PAMBANSA 129 (B.P. 129)

— Remedial Law —

Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons

February 5, 2018

FACTS: Process server Manuel S. Panlasigui attempted to serve summons at respondent’s address  but was unsuccessful. In his Server’s Return, Panlasigui stated that he tried to personally serve the summons to respondent at his given address at No. 36 Sampaguita St., Baesa, Quezon City. However, the occupant of that house, who refused to give his… Read More Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons

— Remedial Law —

Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void

January 29, 2018

The following are cases which explain the Distinctions between Rule 45 and 65   GO vs. CA G.R. No. 128954. October 8, 1998 Where the trial court abuses its discretion by indefinitely suspending summary proceedings involving ejectment cases, a petition for certiorari may be entertained by the proper court to correct the blunder. In the… Read More Petition for Certiorari, Distinctions between Rule 45 and 65, Doctrine of Procedural Void

— Constitutional Law, Remedial Law —

Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts

January 29, 2018

FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts