Author: pinayjurist

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— Labor Law —

SMART COMMUNICATIONS, INC. vs. ASTORGA G.R. No. 148132 January 28, 2008 Redundancy, authorised causes for dismissal, Article 283, One month Notice, Backwages

July 5, 2018

FACTS: Astorga was employed by Smart as District Sales Manager of the Corporate Sales Marketing Group/ Fixed Services Division. SMART launched an organizational realignment to achieve more efficient operations. Part of the reorganization was the outsourcing of the marketing and sales force. Thus, SMART formed SMART-NTT Multimedia, Incorporated (SNMI). Since SNMI was formed to do… Read More SMART COMMUNICATIONS, INC. vs. ASTORGA G.R. No. 148132 January 28, 2008 Redundancy, authorised causes for dismissal, Article 283, One month Notice, Backwages

— Labor Law —

CLUB FILIPINO, INC. vs. Bautista July 13, 2009 G.R. No. 168406 Strike

July 3, 2018

FACTS: Petitioner Club Filipino, Inc. (the company) is a non-stock, non profit corporation duly formed, organized and existing under Philippine laws.   Respondents on the other hand, were former officers and members of the Club Filipino Employees Association (the union).   The union and the company had a collective bargaining agreement. Prior to the expiration… Read More CLUB FILIPINO, INC. vs. Bautista July 13, 2009 G.R. No. 168406 Strike

— Constitutional Law, Remedial Law —

CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

July 2, 2018

FACTS:   Petitioner charged respondents with violation of Section 3(c) of Republic Act No. 3019. or the Anti-Graft and Corrupt Practices Act. and Misconduct. Petitioner alleged that during the period of 29 March 2006 to 1 April 2006, respondents utilized a heavy equipment grader owned by the Province of Aklan in levelling a portion of… Read More CORTES vs. OFFICE OF THE OMBUDSMAN G.R. Nos. 187896-97 June 10, 2013 Remedies- Office of the Omudsman

— Civil Law —

Vernon T. Reyes vs. Republic of the Philippines G.R. No. 141924 January 23, 2007 Requisites for an application for Land Registration

June 29, 2018

FACTS: On February 5, 1996, herein petitioner, filed with the RTC an application for confirmation and registration of his imperfect title over a parcel of land. Petitioner alleged inter alia in his application that on December 24, 1992, he and the other grandchildren of the late Eusebio Vicente executed a Deed of Extra-Judicial Settlement wherein… Read More Vernon T. Reyes vs. Republic of the Philippines G.R. No. 141924 January 23, 2007 Requisites for an application for Land Registration

— Corporation Law —

CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction

June 26, 2018

FACTS: Petitioner Concept Builders, Inc., a domestic corporation, is engaged in the construction business. Private respondents were employed by said company as laborers, carpenters and riggers. Private respondents were served individual written notices of termination of employment by petitioner, stating that their contracts of employment had expired and the project in which they were hired… Read More CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction

— Corporation Law, Mercantile Law, Remedial Law —

VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

June 26, 2018

FACTS: The respondent spouses are members in good standing of the Luz Village Tennis Club, Inc. (club). They alleged that petitioner Teodoro B. Vesagas, who claims to be the clubs duly elected president, in conspiracy with petitioner Wilfred D. Asis, who, in turn, claims to be its duly elected vice-president and legal counsel, summarily stripped… Read More VESAGAS v. CA G.R. No. 142924. December 5, 2001 Intra-corporate disputes, RTC Jurisdiction, SEC Jurisdiction, Non-joinder of parties

— Civil Law —

Castillo v. Republic G.R. No. 214064 February 6, 2017 Psychological Incapacity, Art. 36, FC

June 20, 2018

FACTS: Mirasol and Felipe started as friends then, eventually, became sweethearts. During their courtship, Mirasol discovered that Felipe sustained his affair with his former girlfriend. The couple’s relationship turned tumultuous after the revelation. With the intervention of their parents, they reconciled. They got married and were blessed with two childåren. However, after thirteen years of… Read More Castillo v. Republic G.R. No. 214064 February 6, 2017 Psychological Incapacity, Art. 36, FC

— Criminal Law —

PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “women’s honor” doctrine

June 20, 2018

FACTS:   [AAA] is single, a housekeeper and a resident of  Davao City. [AAA] testified that on February 10, 2009, at around 6:00 o’clock in the evening, she was watching a beauty contest with her aunt at a basketball court where a make-shift stage was put up. The only lights available were those coming from… Read More PEOPLE v. AMARELA and RACHO G.R. No. 225642-43 January 17, 2018 Rape, The “women’s honor” doctrine

— Labor Law —

PLDT v. TOLENTINO G.R. No. 143171   September 21, 2004 Managerial Employee, Security of tenure, Reinstatement, Substantial evidence

June 19, 2018

FACTS: Respondent Tolentino was employed in petitioner PLDT for 23 years. He started in 1972 as an installer/helper and, at the time of his termination in 1995, was the division manager of the Project Support Division, Provincial Expansion Center, Meet Demand Group. His division was in charge of the evaluation, recommendation and review of documents… Read More PLDT v. TOLENTINO G.R. No. 143171   September 21, 2004 Managerial Employee, Security of tenure, Reinstatement, Substantial evidence