Archive for the 'Digests' Category

Creation of ARMM’s Shariff Kabunsuan province is invalid

The Supreme Court Justices, according to Chief Justice Reynato Puno (thru PDI), “are aware of of how their decision on a deal expanding the Bangsamoro territory would impact on the volatile situation in Mindanao.” This may be particularly true considering that just last month, the SC also declared that the creation of a new province [...]

People vs. Claudio Teehankee, Jr. (Case Digest)

(This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995)
The facts:
In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmarinas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from [...]

Duty of mayors to enforce laws and ordinances (case digest)

(Social Justice Society, et al. vs. Atienza, Jr., G.R. No. 156052, 7 March 2007; Corona, J.; First Division) - Digest
Facts: On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027, which ordinance became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to [...]

Jurisdiction in habeas corpus cases involving custody of minors

Family courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpus cases. The Court of Appeals (CA) and the Supreme Court (SC) had not been divested of their jurisdiction over habeas corpus cases involving custody of minors. This is the issue in the case discussed below.

Spouses Raymundo et. al. vs. Spouses Bandong (G.R. No. 171250, July 4, 2007) - Digest

Facts : Eulalia Raymundo (Eulalia) was engaged in the business of buying and selling large cattle for which she employed “biyaheros” whose task involved the procuring of large cattle with the financial capital provided by petitioner and delivering the procured cattle to her for further disposal. In order to secure the financial [...]

Withdrawal of exemptions to pay local taxes: The TELCO cases

SC newsflash: SC Holds DIGITEL Accountable to Pangasinan for Local Taxes. The Supreme Court recently found Digital Telecommunications Philippines, Inc. (DIGITEL) liable to the Province of Pangasinan for the payment of provincial franchise and real property taxes. The SC affirmed the ruling of the lower court that the tax exemption in Republic Act (”R.A.”) [...]

Dennis D. Sy vs. Metropolitan Bank & Trust Company (G.R. No. 160618, 2 November 2006) - Digest

Dennis Sy would have rendered 30 years of service by 18 August 1999 under the bank’s retirement plan, which states that an employee must retire upon reaching the age of 55 years or after rendering 30 years of service, whichever comes earlier. However, on 5 February 1999, the bank reappointed him as branch manager for [...]

Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) - Digest

On 15 February 2006, the group of Raul Lambino and Erico Aumentado (”Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section [...]