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 —

PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

June 19, 2018

Settled is the rule that findings of facts of the Court of Appeals are accorded respect, even finality, and will not be disturbed especially where such findings are supported by substantial evidence. One of the exceptions, however, is when there is a variance between the findings of the NLRC and the Court of Appeals, as… Read More PHILIPPINE INDUSTRIAL SECURITY AGENCY CORPORATION v. AGUINALDO G.R. No. 149974 June 15, 2005 Constructive dismissal, Management prerogative

— Labor Law —

EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment

June 19, 2018

  In termination disputes, the burden of proving that an employee had been dismissed for a lawful cause or that the exacting procedural requirements under the Labor Code had been complied with lies with the employer. Where there is no showing of a clear, valid, and legal cause for termination of employment, the law considers… Read More EQUIPMENT TECHNICAL SERVICES vs. CA G.R. No. 157680    October 8, 2008 Seasonal or Project workers, Termination of Employment

— Civil Law —

KALAW vs. FERNANDEZ G.R. No. 166357 September 19, 2011 Psychological Incapacity Art. 36 Family Code

June 17, 2018

FACTS: Petitioner Valerio E. Kalaw (Tyrone) and respondent Ma. Elena Fernandez (Malyn) met in 1973, maintained a relationship and eventually married in Hong Kong and subsequently had four children. Shortly after the birth of their youngest son, Tyrone had an extramarital affair with Jocelyn Quejano who gave birth to a son. In May 1985, Malyn left… Read More KALAW vs. FERNANDEZ G.R. No. 166357 September 19, 2011 Psychological Incapacity Art. 36 Family Code

— Constitutional Law, Remedial Law —

VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

June 4, 2018

A waiver of an illegal arrest  is not a waiver of an illegal search. FACTS: Petitioner Danilo Villanueva was charged with violation of Section 11, Article II of Republic Act (R.A.) No. 9165 or The Comprehensive Dangerous Drugs Act of 2002. A Complaint was filed by Brian Resco against Danilo Villanueva for allegedly shooting the… Read More VILLANUEVA vs. PEOPLE G.R. No. 199042  November 17, 2014 Warrantless Arrests

— Remedial Law —

BATAS PAMBANSA 129 (B.P. 129)

May 8, 2018

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES PRELIMINARY CHAPTER Section 1. Title. – This Act shall be known as “The Judiciary Reorganization Act of 1980.” Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile… Read More BATAS PAMBANSA 129 (B.P. 129)

— Constitutional Law, Criminal Law —

Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

May 2, 2018

  FACTS: The petitioners Dominador and Rodel, together with their acquitted co-accused Elenito, were charged with the crime of murder and multiple frustrated murder before the RTC. The charges stemmed from an incident that left Betty dead, and her daughter Suzette and granddaughter injured. The appellants pleaded not guilty during the arraignment. Vicente, the husband… Read More Malana vs. People G.R. No. 173612 March 26, 2008 Equipoise Rule

— Civil Law, Constitutional Law, Political Law —

Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.

April 11, 2018

FACTS: Petitioners were lay members of the Philippine Independent Church (PIC) in Socorro, Surigao del Norte. Respondents Porfirio de la Cruz and Rustom Florano were the bishop and parish priest, respectively, of the same church in that locality. Petitioners, led by Dominador Taruc, clamored for the transfer of Fr. Florano to another parish but Bishop… Read More Taruc vs. Bishop Dela Cruz G.R. No. 144801. March 10, 2005 Separation of Church and State.

— Remedial Law —

Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons

February 5, 2018

FACTS: Process server Manuel S. Panlasigui attempted to serve summons at respondent’s address  but was unsuccessful. In his Server’s Return, Panlasigui stated that he tried to personally serve the summons to respondent at his given address at No. 36 Sampaguita St., Baesa, Quezon City. However, the occupant of that house, who refused to give his… Read More Sagana vs. Francisco G.R. No.161952 October 2, 2009 Substituted Service of Summons

— Civil Law —

Schloendorff Doctrine

February 1, 2018

Ramos vs. CA G.R. No. 124354. December 29, 1999   The case of Schloendorff v. Society of New York Hospital was then considered an authority for this view. The “Schloendorff doctrine” regards a physician, even if employed by a hospital, as an independent contractor because of the skill he exercises and the lack of control… Read More Schloendorff Doctrine