Author: pinayjurist

I am an aspiring lawyer and a civil servant. I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Labor Law —

Fuentes vs. Caguimbal G.R. No. 150305 November 22, 2007 Tenancy

November 9, 2017

FACTS: Honofre Fuentes is the owner of the property being claimed in this case. Said property is located in Calatagan, Batangas. Petitioner filed an action for unlawful detainer against Felomino Caguimbal, alleging that in 1991, he allowed respondent to occupy the property rent-free, subject to the condition that the latter will vacate the property when… Read More Fuentes vs. Caguimbal G.R. No. 150305 November 22, 2007 Tenancy

— Constitutional Law —

A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

November 6, 2017

FACTS: On September 23, 2008 the Misamis Oriental Chapter of the Integrated Bar of the Philippines (IBP) promulgated Resolution No. 24, series of 2008. The resolution requested the IBP’s National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid… Read More A.M. No. 08-11-7-SC RE: REQUEST OF NATIONAL COMMITTEE ON LEGAL AID TO EXEMPT LEGAL AID CLIENTS FROM PAYING FILING, DOCKET AND OTHER FEES

— Constitutional Law —

A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

November 6, 2017

FACTS: In his letter dated May 22, 2009 addressed to the Chief Justice, Mr. Roger C. Prioreschi, administrator of the Good Shepherd Foundation, Inc., wrote that it be granted the same exemption from paying docket fees as that of poor litigants. ISSUE: Should an incorporated foundation (serving indigent litigants) be exempted from paying docket fees?… Read More A. M. No. 09-6-9-SC RE: Query of Mr. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc.

— Constitutional Law, Taxation —

SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

November 3, 2017

  FACTS: On February 18, 2002, Smart filed a special civil action for declaratory relief for the ascertainment of its rights and obligations under the Tax Code of the City of Davao, which imposes a franchise tax on businesses enjoying a franchise within the territorial jurisdiction of Davao. Smart avers that its telecenter in Davao City… Read More SMART vs. CITY OF DAVAO G.R. No. 155491 September 16, 2008 Franchise Tax, Tax Exemption, “in lieu of all taxes” Clause

— Constitutional Law, Remedial Law —

TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

November 3, 2017

  FACTS: Petitioner is the registered owner of a parcel of land located in Pulang Lupa, Las Piñas City. She acquired this property from the San Antonio Development Corporation (SADC) as shown by a document whereby she assumed SADC’s “obligation of paying all imposable taxes due said land.” In consideration of such assumption and “for… Read More TAN vs. REPUBLIC G.R. No. 170740 May 25, 2007 Expropriation, Taking, Power of Eminent Domain

— Civil Law, Constitutional Law —

MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

November 3, 2017

   FACTS: Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land located at Pag-Asa, Caniogan, Pasig City, Metro Manila. The City of Pasig notified petitioner of its intention to expropriate a 1,500 square meter portion of her property to be used for the “sports development and recreational activities” of the… Read More MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

— Constitutional Law —

SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

November 3, 2017

FACTS: The Republic of the Philippines represented by the Department of Health thru the National Children’s Hospital filed a complaint for Eminent Domain against SMI Development Corporation for the purpose of expropriating three parcels of land belonging to said corporation which are adjacent to the premises of the hospital. The plaintiff filed an Ex-Parte Motion… Read More SMI DEVELOPMENT CORPORATION vs. REPUBLIC G.R. No. 137537 January 28, 2000 Power of Eminent Domain

— Labor Law —

FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

November 2, 2017

    FACTS: Kapunan, Sr. an 82 year old retired teacher, was struck by a jeepney owned by Filamer Christian Institute and driven by its alleged employee, Funtecha. Kapunan was hospitalized for 20 days. He thus instituted a criminal case against Funtecha alone, who was convicted for serious physical injuries through reckless imprudence. Thereafter, pursuant… Read More FILAMER CHRISTIAN INST. VS. IAC G.R. No. 75112 August 17, 1992

— Labor Law —

NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal

November 2, 2017

    FACTS: Eugenia Credo, Chief of Property and Records of NATIONAL SERVICE CORPORATION (NASECO) filed a complaint before the Arbitration Branch of the Ministry of Labor after having been placed in forced leave without due process. Said forced leave was a product of her alleged non-compliance of a memorandum coming from a Finance Manager,… Read More NASECO vs. NLRC, et.al. G.R. No. L-69870 November 29 ,1988 Illegal Dismissal