Temere Animus

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...

G.R. No. 202124. April 5, 2016. PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO JUGUETA, accused-appellant. PONENTE:  PERALTA, J.:  Synopsis: In Criminal Case No. 7702-G, Irenneo Jugueta was charged with Multiple Attempted Murder along with Gilbert Estores and Roger San Miguel. However, Roger San Miguel moved for reinvestigation of the case and was eventually dismissed, leaving Irenneo as the only defendant. The prosecution's witness, Norberto, testified that Irenneo and the two other men entered his family's nipa hut and fired shots, causing the death of one daughter and injury to another. Irenneo offered a defense of denial and alibi, but this was found to be weak by the trial court, which ruled that Irenneo conspired with the two other men to shoot the family of Norberto. The trial court's judgment was affirmed by the Court of Appeals. The main issue raised in the appeal was the inconsistencies in Norberto's testimony, but these were deemed to be trivial an...

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...