Uber Digests | Jurisprudence
class="archive category category-jurisprudence category-12 wpb-js-composer js-comp-ver-3.6.12 vc_responsive"


Jurisprudence

Rommel Arnado vs Commission on Elections et al

G.R. No. 210164 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Formal […]

March 12, 2016

Jaime Gapayao vs Rosario Fulo et al

698 SCRA 485 – Labor Law – Social Legislation – SSS Claims Labor Standards – Hours of Work – Employer-Employee Relations – Control Test Jaime Fulo had been working in […]

January 27, 2016

Jose Alcala vs Honesto De Vera

56 SCRA 30 – Legal Ethics – Duty of a lawyer to update his client of the status of the case Jose Alcala engaged the services of Atty. Honesto De […]

November 18, 2015

Benjamin Santos vs National Labor Relations Commission

Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings 254 SCRA 673 – Remedial Law – Service of Summons – Jurisdiction […]

November 9, 2015

Jose Gabucan vs Judge Luis Manta

A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may […]

November 8, 2015

George Arriola vs Pilipino Star Ngayon, Inc.

A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered […]

October 26, 2015

Amada Resterio vs People of the Philippines

Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court […]

October 23, 2015

Victor Que vs People of the Philippines

154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa […]

October 22, 2015

Jesse Young vs Court of Appeals

Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone 453 […]

October 22, 2015

Aldrin Jeff Cudia vs The Superintendent of the Philippine Military Academy

PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA […]

October 17, 2015

ATLAS FERTILIZER vs NLRC

READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION   G.R. No. 120030        June 17, 1997 ATLAS FERTILIZER CORPORATION, EDUARDO J. SORIANO, and JOSELITO C. PALAPAL, […]

October 14, 2015

Atlas Fertilizer Corporation vs National Labor Relations Commission

273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers […]

October 14, 2015

People of the Philippine Islands vs Koc Song

63 Phil. 369 – Criminal Law – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he […]

October 12, 2015

Philippines Inter-Fashion, Inc. vs National Labor Relations Commission

117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available […]

October 11, 2015

Hantex Trading Co., Inc. vs Court of Appeals

390 SCRA 181 – Labor Law – Labor Relations – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent […]

October 2, 2015

Sun Insurance Office, Ltd. vs Hon. Maximiano Asuncion

170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the […]

September 27, 2015

Surigao Mineral Reservation Board vs Gaudencio Cloribel (1970)

31 SCRA 1 – Legal Ethics – Duty to Respect Judicial Authorities – Contempt of Court In Re: Contempt Proceedings Against Attorneys Vicente L. Santiago, Jose Beltran Sotto, Graciano C. […]

September 26, 2015

Rhonda Vivares vs St. Theresa’s College

Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January […]

August 31, 2015

Diosdado Guzman vs National University

142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National […]

July 5, 2015

Natividad Navarro vs Ivan Solidum, Jr.

A.C. No. 9872 – Legal Ethics – Duty of Lawyer to Account for Client’s Money Canon 16 applies sans lawyer-client relationship In April 2006, Hilda Presbitero engaged the services of […]

July 5, 2015

In Re: Atty. Saturnino Parcasio

69 SCRA 336 – Legal Ethics – Effect of Pardon on Pending Disbarment Case In 1966, Atty. Saturnino Parcasio was convicted for robbery with intimidation. His appeals were denied. He […]

July 4, 2015

Pedro Linsangan vs Atty. Nicomedes Tolentino

598 SCRA 133 – Legal Ethics – Unethical Solicitation of Legal Business In 2005, Atty. Pedro Linsangan filed an administrative complaint against Atty. Nicomedes Tolentino alleging that Atty. Tolentino, through […]

July 3, 2015

Vivian Villanueva vs Atty. Cornelius Gonzales

544 SCRA 410 – Legal Ethics – Lawyer’s Duties to Clients; Case Update In 2000, Vivian Villanueva engaged the services of Atty. Cornelius Gonzales to help her transfer a title to […]

July 2, 2015

Eduardo Bago vs Joel Feraren

410 SCRA 282 – Political Law – Administrative Law – Civil Service Commission – “Just Debts” Defined Legal Profession – Court Employees – High Ethical Standards Law on Public Officers […]

July 2, 2015

Gregorio Dimarucot vs People of the Philippines

630 SCRA 659 – Remedial Law – Criminal Procedure/Civil Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Profession – Negligence of Counsel Binds Client In 2006, […]

July 1, 2015

Ceferino De Los Santos, Sr. vs Sebastian Palanca

8 SCRA 764 – Legal Ethics – Attorney’s Fees- Quantum Meruit; When Not Applicable – Negligence of Counsel In 1952, Atty. Ceferino De Los Santos, Sr. and his son, also […]

July 1, 2015

Gloria Jinon vs Atty. Leonardo Jiz

692 SCRA 348 – Legal Ethics – Duty To Return Client’s Fund In 2003, Gloria Jinon engaged the services of Atty. Leonardo Jiz to help her recover a land title from […]

June 30, 2015

Amado Cabaero vs Alfredo Cantos

271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. […]

June 30, 2015

Erlinda Foster vs Jaime Agtang

A.C. No. 10579 – Legal Ethics – Borrowing From Clients Not Appropriate Civil Claims Cannot Be Litigated in a Disbarment Suit In 2009, Erlinda Foster engaged the services of Atty. […]

June 29, 2015

Commission of Internal Revenue vs Hantex Trading Co., Inc.

454 SCRA 301 – Taxation  Law – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In […]

June 29, 2015

Veronica Alcazar vs Rey Alcazar

603 SCRA 604 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Sexual Infidelity Per Se is not Psychological Incapacity Article 45 […]

June 27, 2015

Mario Magaspi vs Jose Ramolete

115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil […]

June 26, 2015

Edelina Ando vs Department of Foreign Affairs

G.R. No. 195432 – Civil Law – Persons and Family Relations – Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of […]

June 25, 2015

Gerbert Corpuz vs Daisylyn Sto. Tomas

628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign […]

June 25, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2015)

G.R. No. 166357 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert […]

June 19, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2011)

657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on […]

June 18, 2015

Republic of the Philippines vs Rodolfo De Gracia

G.R. No. 171557 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Personal Evaluation by Psychologist – Need for Independent Evidence to […]

June 17, 2015

Alain Diño vs Ma. Caridad Diño

640 SCRA 178 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Article 147 – Co-ownership as property regime – how property should […]

June 16, 2015

Jose Ochosa vs Bona Alano

640 SCRA 517 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Juridical Antecedence Sexual Infidelity and Abandonment are not per se […]

June 15, 2015

Jocelyn Suazo vs Angelito Suazo

615 SCRA 154 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Drunkenness, Indolence, Physical Violence Not Necessarily Psychological Incapacity In 1985, […]

June 14, 2015

Jordan Paz vs Jeanice Paz

613 SCRA 195 – Civil Code – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Proof of Psychological Incapacity When personal examination by psychologist is […]

June 13, 2015

Republic of the Philippines vs Court of Appeals and Roridel Molina

268 SCRA 198 (335 Phil. 664) – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Guidelines in Applying Article 36 of the Family Code […]

June 12, 2015

Rodolfo Aspillaga vs Aurora Aspillaga

604 SCRA 444 – Civil Law – Family Code – Article 36; Psychological Incapacity – Gravity, Juridical Antecedence, Incurability In 1977, Rodolfo Aspillaga and Aurora Apon met each other in […]

June 10, 2015

Marieta Azcueta vs Republic of the Philippines

588 SCRA 196 – Civil Law – Family Code – Article 36; Psychological Incapacity – Dependent Personality Disorder Expert Opinion by Psychologist Must Be Considered as Decisive Evidence In 1993, […]

June 9, 2015

Carmelito Valenzona vs Fair Shipping Corporation

659 SCRA 642 – Labor Law – Social Legislation – Permanent Total Disability; When present In May 2001, Carmelito Valenzona was recruited and hired by the Fair Shipping Corporation to […]

June 8, 2015

Benjamin Ting vs Carmen Velez-Ting

582 SCRA 694 – Civil Law – Family Code – Article 36; Psychological Incapacity Personal Examination by Psychologist Not a Condition Sine Qua Non Note: This reinforced the case of Te […]

June 7, 2015

Republic of the Philippines vs Laila Tanyag-San Jose

517 SCRA 123 – Civil Law – Family Code – Article 36; Psychological Incapacity – Joblessness and Irresponsibility is not Psychological Incapacity When examination of the alleged psychologically incapacitated spouse […]

June 6, 2015

Republic of the Philippines vs Lolita Quintero-Hamano

428 SCRA 735 – Civil Law – Family Code – Article 36 – Psychological Incapacity – Irresponsibility; Abandonment In 1986, Lolita Quintero and Toshio Hamano met in Japan. They had […]

June 5, 2015

Lorna Guillen Pesca vs Zosimo Pesca

356 SCRA 588 (408 Phil. 713) – Civil Law – Family Code – Article 36; Psychological Incapacity – Emotional Immaturity and Irresponsibility Are Not Psychological Incapacity In 1975, Lorna Guillen […]

June 4, 2015

Evelyn Ong vs Court of Appeals

356 SCRA 768 – Civil Law – Land Titles and Deeds – Land Ownership – Prescription – Indefeasibility of Title In 1985, Avelina, Amelia, Camilo, Pedro, and Darius, all surnamed […]

June 4, 2015
NO MORE POSTS TO SHOW