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.
— Constitutional Law, Political Law —

Laurel v. Desierto G.R. No. 145368 April 12, 2002 Law on Public Officers, R. A. 3019

August 16, 2018

In 1998, a committee was created to take charge of the nationwide preparations for the National Celebration of the Philippine Centennial of the Declaration of Philippine Independence. President Ramos issued E.O. No. 128, “reconstituting the Committee and renamed the Committee as the “National Centennial Commission.” Appointed to chair the reconstituted Commission was Vice-President Salvador H.… Read More Laurel v. Desierto G.R. No. 145368 April 12, 2002 Law on Public Officers, R. A. 3019

— Civil Law, Mercantile Law —

BONIFACIO BROS., INC., ET AL. vs. ENRIQUE MORA, ET AL. G.R. No. L-20853 May 29, 1967 Insurance

August 10, 2018

FACTS: Enrique Mora, owner of Oldsmobile sedan model 1956, mortgaged the same to the H.S. Reyes, Inc., with the condition that the former would insure the automobile with the latter as beneficiary. The automobile was thereafter insured with the State Bonding & Insurance Co., Inc., and motor car insurance policy was issued to Enrique Mora.… Read More BONIFACIO BROS., INC., ET AL. vs. ENRIQUE MORA, ET AL. G.R. No. L-20853 May 29, 1967 Insurance

— Political Law, Remedial Law —

GSIS vs. VILLAVIZA G.R. No. 180291 July 27, 2010 Rules of Court

August 9, 2018

FACTS: Petitioner Garcia as President and General Manager of the GSIS filed separate charges against respondents Villaviza et.al, for Grave Misconduct and/or Conduct Prejudicial to the Best Interest of the Service. Petitioner allege that respondent, together with other employees in utter contempt of the Omnibus Rules on Prohibited Concerted Mass Actions in the Public Sector… Read More GSIS vs. VILLAVIZA G.R. No. 180291 July 27, 2010 Rules of Court

— Civil Law, Political Law —

UCPB vs. UY G.R. No. 204039 January 10, 2018 The doctrine of Stare Decisis

August 4, 2018

FACTS: Spouses Walter and Lily Uy (respondents) entered into a Contract to Sell with Prime Town Property Group, Inc.(PPGI) for a unit in Kiener Hills Mactan Condominium Project. The total contract price amounted to ₱1, 151,718. 7 5 payable according to the following terms: (a) ₱l00,000.00 as down payment; and (b) the balance paid in… Read More UCPB vs. UY G.R. No. 204039 January 10, 2018 The doctrine of Stare Decisis

— Civil Law —

DELA CRUZ vs. DELA CRUZ G.R. No. 192383 December 4, 2013 Waiver of Rights, Partition

August 4, 2018

FACTS: Petitioner Isabelo Dela Cruz claimed that he and his sister, respondent Lucila Dela Cruz and Cornelia Dela Cruz, bought on installment a land from Gatchalian Realty, Inc. Isabelo and Cornelia paid the down payment and religiously paid the monthly amortizations. On the following year, Isabelo constructed a residential house on the subject lot. Isabelo… Read More DELA CRUZ vs. DELA CRUZ G.R. No. 192383 December 4, 2013 Waiver of Rights, Partition

— Civil Law, Political Law —

David vs. Agbay G.R. No. 199113 March 18, 2015 Retroactivity of laws, Citizenship, R.A. 9225

August 4, 2018

FACTS: Petitioner migrated to Canada where he became a Canadian citizen by naturalization. Upon retirement, petitioner and his wife returned to the Philippines and purchased a lot along the beach in Oriental Mindoro where they constructed a residential house. However, the portion where they built their house is public land and part of the salvage… Read More David vs. Agbay G.R. No. 199113 March 18, 2015 Retroactivity of laws, Citizenship, R.A. 9225

— Criminal Law —

PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

July 10, 2018

FACTS: Appellant Manolito Opiana was charged with the crimes of violations of Section 5 (sale of illegal drugs; 0.05 gram) and Section 11 (possession of dangerous drugs; 0.74 gram) of R.A. 9165 in a buy-bust operation on appellant who was reportedly engaged in illegal drug trade. Appellant was apprehended and when bodily frisked, 19 heat-sealed… Read More PEOPLE vs. OPIANA G.R. No. 200797 January 12, 2015 R.A. No. 9165, Illegal sale and possession of dangerous drugs

— Labor Law, Remedial Law —

ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

July 9, 2018

FACTS: A manpower audit conducted by respondent Philex revealed that 241 of its employees were redundant. Thus, Philex undertook a retrenchment program that resulted in the termination of petitioners’ employment. Consequently, petitioners filed a case for illegal dismissal against respondent. The case was submitted for arbitration through the NCMB. The Voluntary Arbitrator ordered the reinstatement… Read More ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment

— Constitutional Law —

VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

July 5, 2018

FACTS: As part of the duty to maintain peace and order, the National Capital Region District Command (NCRDC) installed checkpoints in various parts of Valenzuela, Metro Manila. Petitioners aver that, because of the installation of said checkpoints, the residents of Valenzuela are worried of being harassed and of their safety being placed at the arbitrary,… Read More VALMONTE vs. DE VILLA G.R. No. 83988 September 29, 1989 Right against Searches and/or Seizures

— Labor Law, Remedial Law —

MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data

July 5, 2018

FACTS: Respondent Cherry Lim works as an administrative clerk at MERALCO. The HR directed the transfer of respondent to MERALCOs Alabang Sector in Muntinlupa  due to reports that there were accusations and threats directed against her from unknown individuals, which could possibly compromise her safety and security. Lim appealed her transfer and requested for a… Read More MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data