Author: pinayjurist

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— Labor Law —

NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

November 2, 2017

  FACTS: Petitioner Nito Enterprises hired Capili as an apprentice machinist under an apprenticeship agreement for six months for a daily wage, which was 75% of applicable minimum wage. However, shortly 2 months after he started work, Capili was asked to resign for the reason that he had been causing accidents, that he has been… Read More NITO ENTERPRISES VS. NLRC G.R. No. 114337 September 29, 1995 Apprenticeship

— Labor Law —

MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship

November 2, 2017

    FACTS: A labor union called FOITAF (in behalf of Repomanta and Moralde) lodged a complaint against Mafinco Trading, alleging that Mafinco unlawfully dismissed both individuals. Repomanta and Mafinco executed a peddling contract whereby Repomanta agreed to “buy and sell” Cosmos soft drinks. Rey Moralde entered into a similar contract. The contracts were to… Read More MAFINCO TRADING CORPORATION vs. OPLE 1976 March 25 2nd Division G.R. No. L-37790 Independent Contractor, Employer- Employee Relationship

— Civil Law, Constitutional Law —

Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

November 2, 2017

  FACTS: Everything went well for the family until petitioner bacame drug dependent. He was confined and he undergone psychological treatments. However, respondent claimed petitioner was not fully rehabilitated. His drug dependence worsened and it became difficult for respondent and her children to live with him being violent and irritable. Respondent and her 3 children… Read More Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

— Constitutional Law —

Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

November 2, 2017

   FACTS: Petitioner was a professor at the Araneta University Foundation.  On 7/8/74, he was found guilty  of making homosexual advances on one Leonardo De Lara by a faculty investigating committee.  On 11/8/74, another committee was appointed to investigate another charge of a similar nature against petitioner.  Petitioner, through counsel, asked for the postponement of… Read More Montemayor vs. Araneta G.R. No. L-44251 May 31, 1977 77 SCRA 321 Academic Freedom

— Taxation —

CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

November 2, 2017

FACTS: Petitioner, seeks a reversal of the Decision of respondent CA, dated Aug. 27, 1990, in CA-G.R. SP No. 20426, entitled “Commissioner of Internal Revenue vs. GCL Retirement Plan, represented by its Trustee-Director and the Court of Tax Appeals,” which affirmed the Decision of the latter Court, dated 15 December 1986, in Case No. 3888,… Read More CIR vs. CA G.R. No. 95022 207 March 23, 1992 SCRA 487 Tax Exemption

— Labor Law —

St. Joseph College vs. SJC Workers G.R. No. 155609 January 17, 2005

November 2, 2017

FACTS: Petitioner is a non-stock, non-profit Catholic educational institution while respondent is a legitimate labor organization which is currently the official bargaining representative of all employees of petitioner except the faculty and consultants of the Graduate School, managerial employees and those who occupy confidential positions. Respondent has an existing CBA with petitioner for the period… Read More St. Joseph College vs. SJC Workers G.R. No. 155609 January 17, 2005

— Civil Law, Mercantile Law —

In re estate of Engracio Orense, deceased. EUGENIA M. SANTOS, VIUDA DE ORENSE, vs. THE ROMAN CATHOLIC BISHOP OF NUEVA CACERES G.R. No. L-21289 April 5, 1924 45 Phil. 895

November 2, 2017

  FACTS: Appellant’s husband, Engracio Orense, a resident of the municipality of Guinobatan, Province of Albay, died, leaving an estate. The deceased left a will, according to which six parcels of land were left to the Roman Catholic Church as trustee for various purposes, subject to a life estate in favor of the appellant who,… Read More In re estate of Engracio Orense, deceased. EUGENIA M. SANTOS, VIUDA DE ORENSE, vs. THE ROMAN CATHOLIC BISHOP OF NUEVA CACERES G.R. No. L-21289 April 5, 1924 45 Phil. 895

— Constitutional Law —

BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

October 30, 2017

 FACTS: Rallies or the right to peaceably assemble to express freedom of expression, to petition for redress of grievances hounding the government which was co-organized by various mass based groups, and as Bayan and KMU sometime in September 26 and October 4-6 2005 has been violently preempted and and forcibly dispersed causing injuries by police… Read More BAYAN VS ERMITA G.R. No. 169838 April 25, 2006 “Moot and Academic” Principle

— Constitutional Law —

ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities

October 30, 2017

  FACTS: Atty. Alan F. Paguia, speaking for petitioner, Joseph Ejercito Estrada claims of political partisanship against the members of the Court, asserting that the justices have violated Rule 5.10 of the Code of Judicial Conduct which prohibits justices or judges from participating in any partisan political activity by attending the ‘EDSA 2 Rally’ and… Read More ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88. November 25, 2003 Partisan Political Activities