Sunday, December 31, 2023

Section 5(i)5 in relation to Section 6(f)6 of Republic Act No. (R.A.) 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (VAWC Law). - This means that the mere failure or one's inability to provide financial support is not sufficient to rise to the level of criminality under Section 5(i), even if mental or emotional anguish is experienced by the woman. In other words, even if the woman were to suffer mental or emotional anguish due to the lack of financial support, but the accused merely failed or was unable to so provide support, then criminal liability would not arise. A contrary interpretation to the foregoing would result in absurd, if not outright unconstitutional, consequences.

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 "The Court's Ruling The Court grants the Petition and acquits Calingasan of the crime charged. In all criminal cases, the Court ha...

While a marriage certificate is considered the primary evidence of a marital union, it is not regarded as the sole and exclusive evidence of marriage. Jurisprudence teaches that the fact of marriage may be proven by relevant evidence other than the marriage certificate. Hence, even a person’s birth certificate may be recognized as competent evidence of the marriage between his parents.

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"Essentially, the question before us is whether or not the evidence presented during the trial proves the existence of the marriage of ...
Friday, December 1, 2023

Good Conduct Time Allowance Law vis-a-vis reclusion perpetua and heinous crimes - Miguel's argument is two-fold: first, he anchors his claim on the assertion that applying the GCTA Law, he has served a total of "thirty-eight (38) years, ten (10) months, and one (1) day"13 already. Second, he posits that Article 70 of the Revised Penal Code (RPC) caps the duration of the penalty of reclusion perpetua at thirty (30) years.14 Having served a total of thirty­eight (38) years, which is eight (8) years more than the supposed maximum duration of reclusion perpetua, Miguel concludes that he has fully served his sentence and his detention no longer holds legal basis.

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"Procedural considerations aside, the Court still finds the petition wanting in merit. Miguel's argument is two-fold: first, he anc...

Habeas corpus vis-a-vis hierarchy of courts

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 "As to which court may grant the writ, Section 2, Rule 102 of the Rules of Court provides: Section 2. Who may grant the writ. - The wr...

A direct invocation of the Supreme Court's original jurisdiction to issue extraordinary writs should be allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition.

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 "Preliminarily, we wish to point out that Miguel failed to observe the principle of hierarchy of courts. In Cruz v. Gingoyon,10 the Co...
Tuesday, October 31, 2023

Transfer of workers; balancing "management prerogative" and "security of tenure of workers": "In the resolution of whether the transfer of the respondents from one area of operation to another was valid, finding a balance between the scope and limitation of the exercise of management prerogative and the employees' right to security of tenure is necessary. We have to weigh and consider, on the one hand, that management has a wide discretion to regulate all aspects of employment, including the transfer and re-assignment of employees according to the exigencies of the business; and, on the other, that the transfer constitutes constructive dismissal when it is unreasonable, inconvenient or prejudicial to the employee, or involves a demotion in rank or diminution of salaries, benefits and other privileges, or when the acts of discrimination, insensibility or disdain on the part of the employer become unbearable for the employee, forcing him to forego her employment."

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  "In the resolution of whether the transfer of the respondents from one area of operation to another was valid, finding a balance betw...

Torts and Damages: "In order for Rico to maintain an action for the injuries which he claims to have sustained, he must establish that such injuries resulted from a breach of duty which Union Bank owed to him. In other words, there must be a concurrence of injury to Rico and the legal responsibility of the person causing it, i.e. Union Bank.64 "The underlying basis for the award of tort damages is the premise that an individual was injured in contemplation of law; thus there must first be a breach before damages may be awarded and the breach of such duty should be the proximate cause of the injury."

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"A credit card is a form of credit accommodation granted by the credit card company to the card holder for the latter's use in the ...
Saturday, September 30, 2023

Insurance; illegitimate children as beneficiaries

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 "In this case, it is clear from the petition filed before the trial court that, although petitioners are the legitimate heirs of Loret...

Grave oral defamation or slander

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"The lone assignment of error (Brief for the Petitioners, p. 91), is as follows: THAT THE HONORABLE COURT OF APPEALS ERRED IN FINDING T...

Damages against a party in default

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"To adjudge damages, paragraph (d) of Section 3 of Rule 9 of the Rules of Court provides that a judgment against a party in default ...

Quantum of proof

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 "First Issue: Quantum of Proof Petitioners challenge the CA Decision for applying Section 3 of Rule 9 of the Rules of Court, rather th...
Monday, July 31, 2023

Estafa, modified penalty under RA 10951

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 "Penalty modifications Republic Act No. 10951 (RA 10951) adjusted the amount or value of the property and damage upon which the penalt...

Equipoise Rule in Appreciation of Evidence

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 "The equipoise rule is inapplicable in this case Arriola maintains that he possessed a valid authority to sell the subject lot, which ...

Good faith as a defense in Estafa

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 "Good faith is "an elusive idea, taking on different meanings and emphases as we move from one context to another."56 It is,...

Return of the amount owed will not cancel criminal liability for Estafa

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 "Return of the amount owed to Del Rosario will not cancel Arriola's criminal liability for Estafa Arriola insists that he manifest...