Temere Animus

SERRANO V. GALLANT MARITIME SERVICES, INC. AND MARLOW NAVIGATION CO., INC. GR No. 167614 - March 24, 2009  FACTS: Petitioner Antonio Serrano was hired by respondents Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc., under a POEA-approved contract of employment for 12 months, as Chief Officer, with the basic monthly salary of US$1,400, plus $700/month overtime pay, and 7 days paid vacation leave per month.   On March 19, 1998, the date of his departure, Serrano was constrained to accept a downgraded employment contract for the position of Second Officer with a monthly salary of US$1,000 upon the assurance and representation of respondents that he would be Chief Officer by the end of April 1998.   Respondents did not deliver on their promise to make Serrano Chief Officer. Hence, Serrano refused to stay on as second Officer and was repatriated to the Philippines on May 26, 1998, serving only two (2) months and seven (7) days of his contract...

GR no. 173615| PNB v. Tejano, Jr.  October 16, 2009 Doctrines; Sound indeed is the rule that where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation or even construction. This is based on the presumption that the words employed therein correctly express its intent and preclude even the courts from giving it a different construction. (Verbal egis) It is binding rule, conformably with Article 4 of the Civil Code, that, generally, laws shall have only a prospective effect and must not be applied retroactively in such a way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non respicit (the law looks forward and not backward.) Moreover, jurisdiction is conferred by no other source than law. Once jurisdiction is acquired, it continues until the case is finally terminated. The rule is that where a court has already obtained and is exercising jurisdiction over a...

G.R. No. 187587| June 5, 2013  697 SCRA 359 Nagkakaisang Maralita ng Sitio Masigasig, Inc. vs. Military Shrine Services-Philippine Veterans Affairs Office, Department of National Defense; NMSI , Petitioner, vs. MSS - PVAO, DND,  Respondent; ---and--- G.R. No. 187654| June 5, 2013 WBLOA, INC. , represented by its Board of Directors, Petitioner, vs.    MSS - PVAO, DND , Respondent. Ponente :  SERENO, CJ.:  Doctrines :  (1) Petitioners suggest that there should be no distinction between laws of general applicability and those which are not; that publication means complete publication; and that the publication must be made forthwith in the Official Gazette. (2) The requirement of publication is indispensable to give effect to the law, unless the law itself has otherwise provided.  (3) The Supreme Court cannot rely on a handwritten note that was not part of Proclamation No. 2476 as published. Without publication, the note never had any legal...

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...