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.
— Civil Law —

BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

October 23, 2017

FACTS: The spouses Seña and their four children went to the Tropical Palace Hotel to see the Reycard Duet Show they occupied a table and ordered drinks before the show, when a waiter named Baez was going to serve the tray containing the drinks was overturned and fell on her. She was drenched. Later, she… Read More BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

— Legal Ethics —

Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

October 23, 2017

FACTS: This is an appeal from the order of the CFI of Cebu denying the petition for the cancellation of an adverse claim registered by the adverse claimant on the transfer certificate of title of the petitioners. Atty. Fernandez was retained as counsel by petitioner, Maximo Abarquez, in a Civil Case for the annulment of… Read More Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

— Civil Law —

LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

October 23, 2017

FACTS: An action was instituted by P. J. O’Brien to recover the sum of P15,000 alleged to have been lost by Leung Ben to P.J. O’Brien in a series of gambling, banking and percentage games conducted during the two or three months prior to the institution of the suit. In Leung Ben’s verified complaint, O’Brien… Read More LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

— Civil Law —

PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

October 23, 2017

FACTS: Arturo Pelayo, a physician, plaintiff was called to render medical assistance to the defendant’s daughter-in-law, who was about to give birth. After the consultation of Dr. Escaño, it was deemed that the operation was going to be difficult for child birth, but regardless, Dr. Pelayo proceeded with the job of operating on the subject… Read More PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

— Taxation —

AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

October 23, 2017

FACTS: Aguinaldo Industries Corp. is engaged in the manufacture of fishing nets, a tax-exempt industry, and the manufacture of furniture. For accounting purposes, each division is provided with separate books of accounts. Previously, Aguinaldo Industries acquired a parcel of land in Muntinglupa,Rizal, as site of the fishing net factory. This transaction was entered in the… Read More AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

— Civil Law, Mercantile Law —

KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

October 23, 2017

FACTS: WG & A JEBSENS SHIPMGMT. Owner/Operator of M/V “SUPERFERRY 3” and KEPPEL CEBU SHIPYARD, INC. (KCSI) enter into an agreement that the Drydocking and Repair of the above-named vessel ordered by the Owner’s Authorized Representative shall be carried out under the Keppel Cebu Shipyard Standard Conditions of Contract for Ship repair, guidelines and regulations… Read More KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

— International Law, Political Law —

Professional Video Inc. vs. TESDA, G.R. No. 155504, June 26, 2009, Sovereignty, State Immunity from Suit, International Law

October 21, 2017

FACTS:  In 1999, TESDA, an instrumentality of the government established under R.A. No. 7796 (the TESDA Act of 1994) and attached to the DOLE to develop and establish a national system of skills standardization, testing, and certification in the country. To fulfill this mandate, it sought to issue security-printed certification and/or identification polyvinyl (PVC) cards… Read More Professional Video Inc. vs. TESDA, G.R. No. 155504, June 26, 2009, Sovereignty, State Immunity from Suit, International Law

— Constitutional Law, Labor Law —

JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal

October 21, 2017

FACTS: Petitioner began working for respondents university medical center as a nurse. Respondent, through its Human Resources Development Office, informed petitioner that she was approaching her 35th year of service with the university and was due for automatic retirement on November 18, 1993, at which time she would be 57 years old. This was pursuant… Read More JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal

— Constitutional Law, Political Law —

OMBUDSMAN vs. CA G.R. No. 167844 November 22, 2006 Office of the Ombudsman, Administrative Case, Powers, Functions and Duties of the Office of the Ombudsman, Dishonesty

October 21, 2017

FACTS: Respondent belonged to the clerical staff of the Director of LTFRB Cebu. Respondent was designated as concurrent acting “Special Collection/Disbursing Officer.” The Commission on Audit (COA) audited respondent’s cash and accounts. After inspecting respondent’s records, the COA’s examining auditors noted a shortage in respondent’s accounts. Respondent remitted the missing amount. The COA required respondent… Read More OMBUDSMAN vs. CA G.R. No. 167844 November 22, 2006 Office of the Ombudsman, Administrative Case, Powers, Functions and Duties of the Office of the Ombudsman, Dishonesty

— Civil Law —

PEREZ-FERRARIS vs. FERRARIS G.R. No. 162368 July 17, 2006 Declaration of Nullity of Marriage, Psychological Incapacity, Article 36 of the Civil Code

October 20, 2017

FACTS:   The RTC rendered a Decision denying the petition for declaration of nullity of petitioner’s marriage with Brix Ferraris. The trial court noted that suffering from epilepsy does not amount to psychological incapacity under Article 36 of the Civil Code and the evidence on record were insufficient to prove infidelity. Petitioner’s motion for reconsideration… Read More PEREZ-FERRARIS vs. FERRARIS G.R. No. 162368 July 17, 2006 Declaration of Nullity of Marriage, Psychological Incapacity, Article 36 of the Civil Code