Presumptive death; requisites; strict interpretation of "well-founded belief"...
See - 214243.pdfREPUBLIC VS. TAMPUS, G.R. NO. 214243, MARCH 16, 2016.“x x x.Before a judicial declaration of presumptive death can be obtained, it must be shown that the prior spouse had been absent...
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REYES VS. OMBUDSMAN, G.R. NO. 212593-94, March 15, 2016; with accompanying cases G.R. Nos. 213163-78, 213540-41, 215880-94, 213475-76.“x x x.At the outset, it must be stressed that the Court has...
View ArticleSeparation pay in lieu of reinstatement; when allowed.
UNIVERSAL ROBINA SUGAR MILLING CORP. VS. ABLAY, ET. AL., G.R. NO. 218172, MARCH 16, 2016.“x x x.Finally, the CA correctly observed that Ablay's conviction as an accomplice to the murder of petitioner's...
View ArticleReinstatement without backwages; when allowed.
UNIVERSAL ROBINA SUGAR MILLING CORP. VS. ABLAY, ET. AL., G.R. NO. 218172, MARCH 16, 2016.“X x x.Clearly, respondents committed some form of misconduct when they assisted Sheriff Calinawan in effecting...
View ArticleWaiver, Release and Quitclaims; how interpreted in labor cases.
SILVERTEX WEAVING CORP., ET. AL. VS. CAMPO, G.R. NO. 211411, MARCH 16, 2016.“x x x.The authenticity and due execution of the undated Waiver, Release and Quitclaims Statement purportedly signed by the...
View ArticleResignation; burden of proof - when an employer interposes the defense of...
SILVERTEX WEAVING CORP., ET. AL. VS. CAMPO, G.R. NO. 211411, MARCH 16, 2016.“x x x.Resignation – the formal pronouncement or relinquishment of a position or office – is the voluntary act of an employee...
View ArticleI have chosen Mar Roxas and Leni Robredo
The final presidential debate has ended.I have chosen the leaders who my age and experience tell me will best serve my country for the next six years.Mar Roxas for president.Leni Robredo for vice...
View ArticleEmployee Benefits under Philippine Laws | Nicolas & De Vegas Law Offices
See - Employee Benefits under Philippine Laws | Nicolas & De Vegas Law Offices"x x x.Listed below is a summary of the mandatory benefits and provisions for employees in the Philippines under the...
View ArticleAgency; Articles 1884, 1887, Civil Code
BANK OF THE PHILIPPINE ISLANDS AND FGU INSURANCE CORPORATION (PRESENTLY KNOWN AS BPI/MS INSURANCE CORPORATION) VS. YOLANDA LAINGO, G.R. No. 205206, March 16, 2016.“x x x.Under the law, an agent is one...
View ArticleDemurrer to evidence
PEOPLE OF THE PHILIPPINES VS. JOSE C. GO, AIDA C. DELA ROSA, AND FELECITAS D. NECOMEDES, G.R. No. 191015, August 06, 2014. “x x x.Demurrer to the evidence is an objection by one of the parties in an...
View ArticleAdoption of minor child
IN RE: PETITIONS FOR ADOPTION OF MICHELLE P. LIM, and MICHAEL JUDE P. LIM, MONINA P. LIM, G.R. Nos. 168992-93 May 21, 2009. “x x x.It is undisputed that, at the time the petitions for adoption were...
View ArticlePsychological incapacity to marry; Article 36, Family Code
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View ArticleGross ignorance of the law
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleTerritorial jurisdiction of trial courts
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleFiling/service of pleadings via private courier LBC vs. registered mail;...
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleSerious charge; penalty for gross ignorance of the law; Rule 140
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleBias and partiality; proof of.
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleDue process is opportunity to be heard.
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleConduct prejudicial to the interest of the service
EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA...
View ArticleCompromise agreement; remedies when a party fails/refuses to perform; Art....
CRISANTA ALCARAZ MIGUEL VS. JERRY D. MONTANEZ, G.R. No. 191336, January 25, 2012. “x x x.Because the respondent failed to comply with the terms of the Kasunduang Pag-aayos, said agreement is deemed...
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