Lex loci contractus — The law of the place where the contract is made governs or lex loci contractus; as the parties did not designate the applicable law and the Agreement was perfected in the Philippines, our Arbitration laws apply. (DFA vs. BCA Int’l. Corp., G.R. No. 225051, July 19, 2017) PRINCIPLES: (a) The… Read More CONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar Q & A
FACTS: Complainant avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966. However, on 22 March 1993, her husband contracted another marriage with one Luzviminda Payao solemnized by respondent Judge. Respondent Judge, on the other hand, claims that he did not know that Manzano… Read More Manzano v. Judge Sanchez A.M. No. MTJ-00-1329 March 8, 2001 Marriage License, Legal Ratification of Marital Cohabitation
FACTS: Petitioner Paul Santiago had been working as a seafarer for Smith Bell Management, Inc. (respondent) for about five (5) years. On 3 February 1998, petitioner signed a new contract of employment with respondent, with the duration of nine (9) months. He was assured of a monthly salary of US$515.00, overtime pay and other benefits. … Read More Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract
Cruz vs. Cruz, G.R. No. 211153, Feb. 28, 2018 Exclusion in legal succession –– This is a simple case of exclusion in legal succession, where co-heirs were effectively deprived of their rightful share to the estate of their parents ― who died without a will ― by virtue of a defective deed of extrajudicial settlement… Read More Recent Rulings in SUCCESSION
FACTS: The City of General Santos enacted Ordinance No. 08, series of 2009 entitled An Ordinance Establishing the GenSan Scheme on Early Retirement for Valued Employees Security (GenSan SERVES), which was designed “to entice those employees who were unproductive due to health reasons to avail of the incentives being offered therein by way of early… Read More City of General Santos v. COA J. Leonen G.R. No. 199439 April 22, 2014 Local Autonomy, Devolution of Power, Local Government Code
FACTS: On October 28, 1986, President Corazon Aquino issued E. O. No. 51 (Milk Code) which states that the law seeks to give effect to Article 112 of the International Code of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA), to the effect that breastfeeding should be supported, promoted… Read More PHARMACEUTICAL AND HEALTH CARE v. DUQUE G.R. No. 173034 October 9, 2007 Transformation v. Incorporation of International Law
FACTS: Pursuant to Sangguniang Bayan Resolution No. 93-95, Series of 1993, the Municipality of Parañaque filed a Complaint for expropriation against Private Respondent V.M. Realty over two parcels of land allegedly ”for the purpose of alleviating the living conditions of the underprivileged by providing homes for the homeless through a socialized housing project.” Petitioner, pursuant… Read More MUNICIPALITY OF PARAÑAQUE v. V.M. REALTY CORPORATION G.R. No. 127820 July 20, 1998 Expropriation Proceedings, Ordinance v. Resolution, Local Government Code
FACTS: Petitioner Patricio Dumlao questions the constitutionality of section 4 of Batas Pambansa Blg. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. Said Section 4 provides: Sec. 4. Special Disqualification in addition to violation of section 10 of Art. XI I-C of the Constitution and disqualification mentioned… Read More Dumlao v. COMELEC G.R. No. L-52245 January 22, 1980 Equal Protection of the Laws
FACTS: The RTC convicted the appellant of the crimes of illegal recruitment in large scale and five (5) counts of estafa committed against complainants Airene Etac, Jowel A. Baja, Joemar Aquino, Luis M. Bernardo and Anthony M. Canlas. He exacted money from them for the plane ticket, hotel accommodation, processing of visa and placement fees. … Read More People v. Fernandez G.R. No. 199211 June 4, 2014 Illegal Recruitment in Large Scale, Illegal Recruitment v. Estafa
FACTS: Petitioners Leoncia and Gaudioso Balogbog are the children of Basilio Balogbog and Genoveva Arzibal who died intestate in 1951 and 1961, respectively. They had an older brother, Gavino, who predeceased their parents. Private respondents Ramonito and Generoso Balogbog brought an action for partition and accounting against petitioners, claiming that they were the legitimate children… Read More Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage