Archive for September, 2020


CASE 2020-0026: ENGINEERING CONSTRUCTION CORPORATION OF ASIA (now FIRST BALFOUR INCORPORATED) VS. SEGUNDINO PALLE, FELIX VELOSA, ALBERTO PAMPANGA, RANDY GALABO, MARCO GALAPIN, and GERARDO FELICITAS (G.R. NO. 201247, JULY 13, 2020, HERNANDO, J.) (SUBJECT/S: LABOR LAW; TERMINATION OF PROJECT NOT GROUND FOR TERMINATION OF REGULAR EMPLOYEE)

DISPOSITIVE:

       

“ACCORDINGLY, the instant Petition is DENIED.  The assailed September 13, 2011 DECISION and the March 22, 2012 Resolution of the Court of Appeals in CA G.R. SP No. 114599 are hereby AFFIRMED with MODIFICATION that interest at the rate of six percent (6%) per annum is imposed on all, monetary award from the finality of this DECISION until fully paid.  No pronouncement as to the costs.

      

  So Ordered.”

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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CASE 07: PEOPLE OF THE PHILIPPINES VS. EMMA LEOCADIO Y SALAZAR AND SHERRYL LEOCADIO Y SALAZAR (G.R. NO. 237697, JULY 15, 2020, PERALTA, C.J.) (SUBJECT/S: TRAFFICKING IN PERSONS)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT ARE THE ELEMENTS OF TRAFFICKING IN PERSONS?

THE ACCUSED ARGUED THAT EXCEPT FOR ONE THERE WAS NO INDECENT SHOWS PERFORMED BY THE VICTIMS, THUS THERE WAS NO TRAFFICKING. IS THEIR ARGUMENT CORRECT.

NO. THE MATERIAL FACT IS THAT THE PURPOSE OF THE PERPETRATORS IS TO ENGAGE THE VICTIMS IN PROSTITUTION OR SEXUAL EXPLOITATION.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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CASE 2020-0024: BRIG. GEN. MARCIAL A. COLLAO IN HIS CAPACITY AS COMMANDING GENERAL HEADQUARTERS AND HEAD QUARTERS SUPPORT GROUP, PHILIPPINE ARMY VS. MOISES ALBANIA (G.R. NO. 228905, JULY 15, 2020, PERALTA, C. J.) (SUBJECT/S: UNLAWFUL DETAINER; REJOINDER OF PARTIES)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

GEN. CABUSAO FILED A COMPLAINT FOR UNLAWFUL DETAINER AGAINST ALBANIA WHO WAS LESSEE IN PROPERTY OF PHILIPPINE ARMY. METC RULED IN FAVOR OF GENERAL CABUSAO. ON APPEAL RTC DISMISSED THE CASE ON THE GROUND THAT THE COMPLAINANT SHOULD BE PHILIPPINE ARMY BECAUSE GEN. CABUSAO DOES NOT STAND TO BE BENEFITED OR INJURED. IS RTC CORRECT?

NO. NON JOINDER OF INDISPENSABLE PARTY IS NOT A GROUND FOR DISMISSAL. RTC SHOULD HAVE ORDERED THE AMENDMENT OF THE PLEADINGS.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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