Temere Animus

Case Digest: G.R. No. 211273 | April 18, 2018 Raymond A. Son, Raymond S. Antiola, and Wilfredo E. Pollarco vs. University of Santo Tomas, et al. Ponente: Justice Del Castillo Nature of the Petition This Petition for Review on Certiorari challenges the September 27, 2013 Decision of the Court of Appeals (CA) in CA-G.R. SP No. 128666 , which reversed the National Labor Relations Commission (NLRC) Decisions dated August 10, 2011 , October 30, 2012 , and January 22, 2013 . The CA reinstated the March 26, 2012 NLRC Decision and denied the petitioners’ Motion for Reconsideration on January 29, 2014 . Court Ruling The Supreme Court DENIED the petition, affirming the Court of Appeals Decision and Resolution in full. Key Doctrines The requirement of a master's degree for tertiary-level educators is reasonable and necessary to uphold the quality of education. Educational institutions serve public interest , and the government has the authority to ensure that only qualified teacher...

Case Digest: G.R. No. 221356 | March 14, 2018 Maria Carmela P. Umali vs. Hobbywing Solutions, Inc. Ponente: Justice Reyes, Jr. Nature of the Petition This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court , challenging the Decision dated May 29, 2015 and Resolution dated November 4, 2015 of the Court of Appeals (CA) in CA-G.R. SP No. 136194 . The petition seeks the reinstatement of the National Labor Relations Commission (NLRC) ruling that the petitioner was illegally dismissed and entitled to reinstatement and backwages . Court Ruling The Supreme Court REVERSED and SET ASIDE the Court of Appeals' May 29, 2015 Decision and November 4, 2015 Resolution . The Court reinstated the January 15, 2014 NLRC Decision in NLRC NCR Case No. 04-06101-13 , confirming that the petitioner was illegally dismissed . Key Doctrines ✔️ Probationary Employees & Regularization: Under Article 281 of the Labor Code , an employee engaged beyond the probationary pe...

Case Digest: G.R. No. 200712 | July 4, 2018 Mario A. Abuda, et al. vs. L. Natividad Poultry Farms, et al. Ponente: Justice Leonen Nature of the Petition This is a Petition for Review filed by multiple workers against L. Natividad Poultry Farms , assailing the October 11, 2011 Decision and February 8, 2012 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 117681 . The case concerns the workers’ claims for illegal dismissal, unfair labor practice, backwages, and other monetary awards . Court Ruling The Supreme Court REMANDED the case to the Labor Arbiter for the computation of backwages and other monetary awards due to the petitioners. Key Doctrines ✔️ Regular Employment & Length of Service: An employee who has worked for at least one year is considered a regular employee under the Labor Code . The necessity or desirability of the work performed can be inferred from the duration of service . ✔️ Employment Classification & Business Necessity: In De Leon v. N...

Case Digest: G.R. No. 214291 | January 11, 2018 American Power Conversion Corporation, et al. vs. Jason Yu Lim Ponente: Justice Del Castillo Nature of the Petition This Petition for Review on Certiorari challenges the April 23, 2014 Decision of the Court of Appeals (CA) in CA-G.R. SP No. 110142 , which set aside the NLRC’s ruling and reinstated the July 27, 2007 Decision of the Labor Arbiter . The petitioners later sought reconsideration , which was denied by the CA's September 11, 2014 Resolution . Court Ruling The Supreme Court DENIED the petition and AFFIRMED the CA Decision with modifications. Specifically, the directive to reinstate Lim was deleted , as were monetary awards related to vehicle insurance and registration . The Court also directed the Bureau of Internal Revenue to review the case for potential tax implications. Key Doctrines ✔️ Four-Fold Test of Employment Relationship: To determine whether an employer-employee relationship exists, courts consider: S...

Labor Dispute on Wage Distortion: Philippine Geothermal Employees Union vs. Chevron Geothermal PGIEU vs. Chevron Geothermal Phils.: Supreme Court Upholds Management Prerogative Over Wage Adjustment Case Title: Philippine Geothermal, Inc. Employees Union (PGIEU) vs. Chevron Geothermal Phils. Holdings, Inc. G.R. No.: 207252 Date of Decision: January 24, 2018 Citation: 824 Phil. 426 Ponente: Justice Reyes, Jr. Full text: Read here Case Summary This case involves a labor dispute between the Philippine Geothermal, Inc. Employees Union (PGIEU) and Chevron Geothermal Phils. Holdings, Inc. The Union alleged a violation of their Collective Bargaining Agreement (CBA) due to salary increases given to probationary employees, which they claimed caused wage distortion among regular union members. Nature of the Petition The PGIEU filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse the Court of Appea...

Court Awards Attorney’s Fees to Seaman in Permanent and Total Disability Benefits Case G.R. No. 236576 | September 5, 2018 Ariel P. Horlador vs. Philippine Transmarine Carriers, Inc., Marine Ship Management Ltd., and Captain Marlon L. Malanao Ponente: Justice Perlas-Bernabe 📌 Full text: Read the Supreme Court decision . Nature of the Petition This Petition for Review on Certiorari challenges the February 3, 2017 Decision and December 15, 2017 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 136386 , which modified the National Labor Relations Commission (NLRC) ruling by removing the attorney’s fees award in favor of Ariel P. Horlador , a seafarer entitled to permanent and total disability benefits . Court Ruling ✅ Petition GRANTED. ✅ Attorney’s fees reinstated at 10% of total monetary awards. The Supreme Court MODIFIED the CA ruling by reinstating the attorney’s fees equivalent to 10% of the total monetary compensation due to the petitioner. Key Doctrines ✔️ A...

Supreme Court Upholds Murder Conviction in People v. Japag & Liporada G.R. No. 223155 | July 23, 2018 People of the Philippines vs. Danilo Japag & Alvin Liporada Ponente: Justice Del Castillo 📌 Full text: Read the Supreme Court decision . Nature of the Case This is an appeal from the May 21, 2015 Decision of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01807 , which affirmed with modification the October 29, 2013 Decision of the Regional Trial Court (RTC), Branch 13, Carigara, Leyte . The trial court found Danilo Japag guilty beyond reasonable doubt of murder . Court Ruling ✅ Appeal DISMISSED. ✅ Guilty verdict AFFIRMED with modifications: Exemplary damages increased to ₱75,000. Temperate damages set at ₱50,000 (instead of actual damages). Key Doctrines in Criminal Law ✔️ Self-Defense Requires Unlawful Aggression For self-defense to be valid, three conditions must be met: 1️⃣ Unlawful aggression by the victim. 2️⃣ Reasonable necessity of the means used ...

Supreme Court Affirms Murder Conviction in People v. Siega G.R. No. 213273 | June 27, 2018 People of the Philippines vs. Leonardo B. Siega Ponente: Justice Caguioa 📌 Full text: Read the Supreme Court decision . Nature of the Case This appeal challenges the November 20, 2013 Amended Decision of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01003 , which modified the July 27, 2012 CA ruling that affirmed with modification the Regional Trial Court (RTC), Branch 39, Sogod, Southern Leyte’s decision in Criminal Case No. R-478 . The lower court found Leonardo B. Siega guilty beyond reasonable doubt of murder . Court Ruling ✅ Appeal DISMISSED. ✅ Guilty verdict AFFIRMED with modifications: Reclusion perpetua without parole. Civil indemnity: ₱75,000. Moral damages: ₱75,000. Exemplary damages: ₱75,000. Temperate damages: ₱50,000. Interest at 6% per annum from finality of judgment until fully paid. Key Doctrines in Criminal Law ✔️ Self-Defense & Burden of Proof An accused c...

Supreme Court Upholds Parricide Conviction in People v. Lopez G.R. No. 232247 | April 23, 2018 People of the Philippines vs. Ronillo Lopez Jr. y Mantalaba ("Dodong") Ponente: Justice Peralta 📌 Full text: Read the Supreme Court decision . Nature of the Case This appeal challenges the January 6, 2017 Decision of the Court of Appeals (CA) in CA-G.R. CR-HC No. 07936 , which affirmed the December 1, 2015 ruling of the Regional Trial Court, Branch 197, Las Piñas City . The lower court found Ronillo Lopez Jr. guilty beyond reasonable doubt of parricide under Article 246 of the Revised Penal Code for killing his father, Ronillo Lopez Sr. Court Ruling ✅ Appeal DISMISSED. ✅ Guilty verdict AFFIRMED with modifications: Reclusion perpetua without parole. Actual damages: ₱60,000. Civil indemnity: ₱75,000. Moral damages: ₱75,000. Exemplary damages: ₱75,000. 6% per annum interest on damages until fully paid. Key Doctrines in Criminal Law ✔️ Burden of Proof in Self-Defense Clai...

Understanding the Legal Implications of Overseas Employment Contracts: A Case Study In today's global economy, overseas employment presents lucrative opportunities for Filipino workers. However, the case of Princess Talent Center Production, Inc. and Luchi Singh Moldes vs. Desiree T. Masagca highlights the importance of ensuring contracts are legally sound and fair to employees. Let's explore the case details and the legal principles it reinforces. Background of the Case Desiree T. Masagca, a singer, was persuaded to apply for a job in South Korea under an employment contract facilitated by Princess Talent Center Production, Inc. (PTCPI) —a local recruitment agency. Upon arriving in Korea, she worked at a pub but never received her salary, living off commissions from customer purchases instead. When she was repatriated, she filed a case for illegal dismissal and unpaid wages, arguing she had signed multiple contracts without understanding their contents. While the Labor Arbite...

Illegal Recruitment and Estafa: A Case Study on Fraudulent Overseas Job Offers The promise of overseas employment can be enticing, but not all opportunities are legitimate. The case of People of the Philippines vs. Moises Dejolde, Jr. y Salino serves as a cautionary tale for job seekers, highlighting the dangers of illegal recruitment and fraud. Background of the Case Moises Dejolde, Jr. y Salino was charged with Illegal Recruitment in Large Scale and two counts of Estafa after allegedly deceiving several individuals into paying ₱450,000 each for job placements as caregivers in the United Kingdom . The victims later discovered that their visas were fake , prompting them to demand refunds—only to receive partial reimbursements. Dejolde denied the accusations, claiming he was merely processing student visas for those wishing to study abroad. However, the court found that he had promised employment , collected money under false pretenses, and failed to deliver on his commitments. The...

Unjust Enrichment in Employment Disputes: Understanding the Case of Rolando De Roca vs. Eduardo C. Dabuyan et al. Legal battles over employment disputes often hinge on key doctrines that shape judicial decisions. One such principle is unjust enrichment , which played a central role in the Supreme Court case of Rolando De Roca vs. Eduardo C. Dabuyan, Jennifer A. Branzuela, Jennylyn A. Ricarte, and Herminigildo F. Sabanate . This case highlights the boundaries of employer liability and the fair application of substantive law over procedural technicalities. Background of the Case The private respondents filed a complaint for illegal dismissal , initially naming “RAF Mansion Hotel Old Management and New Management” along with Victoriano Ewayan as respondents. However, they later amended the complaint to include Rolando De Roca as a co-respondent, alleging that he had employer responsibilities. De Roca received the summons via registered mail, but it was returned. A second summons was p...

Photo by Pixabay from Pexels Facebook Terms of Service Facebook's terms and conditions ( click here ) are a set of rules that users must agree to follow in order to use the platform. These rules include guidelines for appropriate content and behavior on the site, as well as information about how Facebook collects and uses user data. Some key points from the terms and conditions include: Users must be at least 13 years old to use Facebook. Users are responsible for their own content and must not post anything that is illegal, hateful, or that infringes on someone else's rights. Facebook has the right to remove any content that it deems inappropriate. Users must provide accurate information when creating an account, and must keep their contact information up to date. Facebook may collect data about users' activity on the site, including information about their devices, browsing history, and location. Users must not use the site for commercial purposes unless they have the app...

Legal Insights on Child Abuse and Sexual Offenses: The Case of Bienvenido Udang, Sr. Understanding the nuances of criminal law is crucial in cases involving child abuse and sexual offenses . The Supreme Court case of People of the Philippines vs. Bienvenido Udang, Sr. y Sevilla highlights key legal principles surrounding the distinction between rape and sexual abuse , as well as the doctrine of double jeopardy . Background of the Case Bienvenido Udang, Sr. was charged with two counts of sexual abuse for separate incidents involving a 14-year-old victim who was intoxicated at the time. The trial court originally convicted him of rape under Article 266-A(1) of the Revised Penal Code , imposing a penalty of reclusion perpetua (life imprisonment) . The Court of Appeals (CA) later determined that Udang should have been convicted of sexual abuse instead under Section 5(b) of Republic Act No. 7610 , which protects children from abuse and exploitation. The Supreme Court agreed with the ...

Legal Perspective on Self-Defense in Criminal Cases: The Murder Conviction of Rezor Juanillo Manzano Self-defense is a commonly invoked legal justification in criminal cases, but courts require clear proof of unlawful aggression to validate the claim. The Supreme Court case of People of the Philippines vs. Rezor Juanillo Manzano illustrates the importance of evidence and witness credibility in determining whether self-defense applies in a murder charge. Background of the Case Rezor Juanillo Manzano was charged with murder for the killing of Lucio Silava in San Jose, Antique . During the trial: Manzano pleaded not guilty , claiming self-defense . The defense argued that Lucio was throwing stones at Manzano’s house and later attempted to stab him , forcing him to fight back. The prosecution, however, presented a different version , stating that Manzano and his brother approached Lucio at his store , asked for cigarettes, then attacked him while he was eating. Witnesses testified th...

Understanding the Impeachment of Philippine Government Officials Sec. 2, Article XI provides: Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. Understanding the Impeachment Process: Step-by-Step Guide Impeachment is a legal mechanism used to hold top government officials accountable for serious offenses. In the Philippines, this process applies to the President, Vice President, Supreme Court Justices, Members of Constitutional Commissions, and the Ombudsman for crimes such as treason, bribery, graft and corruption, betrayal of public trust, or culpable violation of the Constitution . Here’s...

Legal Examination of Self-Defense in Violent Crimes: The Case of Arsenio Endaya, Jr. The principle of self-defense is often cited in criminal cases, but courts require clear proof of unlawful aggression to validate the claim. The Supreme Court case of People of the Philippines vs. Arsenio Endaya, Jr. y Perez offers critical insights into the limits of self-defense and its application in homicide and parricide cases. Background of the Case Arsenio Endaya, Jr. was charged with parricide (for killing his wife, Jocelyn Quita-Endaya) and homicide (for killing his mother-in-law, Marietta Bukal-Quita). The prosecution’s version: A witness testified that she heard Jocelyn screaming for help before Arsenio stabbed her twice with a bladed weapon. She then saw him stab Marietta once before fleeing. Arsenio’s defense: He argued that he was attacked first and acted in self-defense , claiming he mistakenly stabbed Jocelyn and Marietta instead of his actual aggressor due to the darkness ...

Understanding the boundaries of self-defense in criminal law is essential, particularly in cases of violent confrontations. The Supreme Court case of People of the Philippines vs. Yolando Panerio and Alex Orteza highlights why unlawful aggression is the key factor in determining the validity of self-defense claims. (https://temereanimus.blogspot.com/2023/03/people-v-panerio-and-orteza-gr-no.html) Background of the Case This case stems from a fatal stabbing incident in a billiard hall in Mintal, Davao City involving Yolando Panerio and Alex Orteza , who were under the influence of alcohol at the time. The two accused disrupted games by scattering billiard balls before encountering Elesio Ung on the road. (https://temereanimus.blogspot.com/2023/03/people-v-panerio-and-orteza-gr-no.html) Witnesses testified that Panerio and Orteza stabbed Elesio multiple times , leading to his death the next day. (https://temereanimus.blogspot.com/2023/03/people-v-panerio-and-orteza-gr-no.html) P...