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Tanada vs Tuvera, G.R. No. L-63915| 1986

G.R. No. L-63915| December 29, 1986 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. (MABINI),  petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President, MELQUIADES P. DE LA CRUZ, ETC., ET AL.,  respondents. Topics : Statutes, Constitutional Law, Local Governments, Publication Ponente: Cruz, J; Doctrines: (1) The clause "unless it is otherwise provided" in Art 2 of the NCC refers to the effectivity of laws and not to the requirement of publication. (2) The prior publication of laws before they become effective cannot be dispensed with. (3) For purposes of the prior publication requirement for effectivity, the term "laws" refer not only to those of general application, but also to laws of local application, private laws; administrative rules enforcing a statute; city chart...

CIPRIANO v. CA, | G.R. No. 107968|1996

G.R. No. 107968| October 30, 1996 ELIAS S. CIPRIANO and/or E.S. CIPRIANO ENTERPRISES , petitioner, vs. THE COURT OF APPEALS and MACLIN ELECTRONICS, INC .,  respondents. Rationale: A VIOLATION OF A STATUTORY DUTY IS NEGLIGENCE PER SE. - We have already held that violation of a statutory duty is negligence per se. In F.F. Cruz and Co., Inc. vs. Court of Appeals, we held the owner of a furniture shop liable for the destruction of the plaintiff's house in a fire which started in his establishment in view of his failure to comply with an ordinance which required the construction of a firewall. In Teaque vs. Fernandez, we stated that where the very injury which was intended to be prevented by the ordinance has happened, none compliance with the ordinance was not only an act of negligence, but also the proximate cause of the death. Indeed, the existence of a contract between petitioner and private respondent does not bar a finding of negligence under the principles of quasi-delict,...

PHILCOMSAT vs Globe Telecom Inc, G.R. No. 147324| 2004

G.R. No. 147324| May 25, 2004 PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION, (Philcomsat)   petitioner, vs  GLOBE TELECOM, INC. (formerly and Globe Mckay Cable and Radio Corporation), respondents. Case summary: Facts: 1.         On 07 May 1991, Philcomsat and Globe entered into an Agreement whereby Philcomsat obligated itself to establish, operate and provide an IBS Standard B earth station (earth station) within Cubi Point for the exclusive use of the USDCA. 2.         The term of the contract was for 60 months, or five (5) years. 3.       In turn, Globe promised to pay Philcomsat monthly rentals for each leased circuit involved. 4.      At the time of the execution of the Agreement, both parties knew that the Military Bases Agreement between the Republic of the Philippines and the US (RP-US Military Bases Agreement), which was the ba...