Category: LATEST SUPREME COURT CASES


CASE 2020-0014: PEOPLE OF THE PHILIPPINES VS. R. LORENZ ESGUERRA Y BALIBER A.K.A. “RR” (G.R. NO. 243986. JANUARY 22, 2020) (BRIEF TITLE: PEOPLE VS R. LORENZ ESGUERRA)

 

 

DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

IDENTITY OF THE DANGEROUS DRUG MUST BE ESTABLISHED WITH MORAL CERTAINTY.

 

IDENTITY 

 

IN THIS CASE THE CHAIN OF CUSTODY OVER THE SEIZED DRUG REMAINED UNBROKEN.

 

CUSTODY

 

 

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SCD-2020-0014-People of the Philippines Vs. R. Lorenz Esguerra y Baliber a.k.a. “RR”

 

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CASE 2020-0013: SPOUSES AGERICO ABROGAR AND CARMELITA ABROGAR VS. LAND BANK OF THE PHILIPPINES (G.R. NO. 221046. JANUARY 22, 2020) (SUBJECT/S: WHEN COUNSEL’S NEGLIGENCE CAN BE USED TO IMPLORE LIBERAL APPLICATION OF RULES) (BRIEF TITLE: SPOUSES ABROGAR VS LAND BANK)

 

DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONERS OBTAINED LOAN FROM LAND BANK. IT DEFAULTED. TO AVOID FORECLOSURE PETITIONERS FILED A CASE IN RTC TO ENJOIN LAND BANK TO ALLOW THEM TO SETTLE. RTC DISMISSED THE CASE. PETITIONERS APPEALED TO CA BY WAY OF CERTIORARI. CA DISMISSED THE APPEAL ON THE GROUND OF WRONG APPEAL. IT SHOULD HAVE BEEN SIMPLE APPEAL AND NOT CERTIORARI. PETITIONERS SEEKS LIBERAL INTERPRETATION OF THE RULES BECAUSE THE MISTAKE WAS DUE TO THEIR LAWYER’S NEGLIGENCE. SC SAID PETITIONERS FAILED TO PROVE THAT THEIR LAWYER ACTED WITH MALICE AND THUS THEY CANNOT AVAIL OF THE LIBERAL INTERPRETATION OF THE RULES.

 

WHAT IS THE GENERAL RULE WITH REGARD’S TO LAWYER’S NEGLIGENCE?

 

THE NEGLIGENCE OF THE COUNSEL BINDS THE CLIENT.

 

IS THERE AN EXCEPTION TO THIS RULE?

 

YES, WHEN THE RECKLESS OR GROSS NEGLIGENCE OF THE COUNSEL DEPRIVES THE CLIENT OF DUE PROCESS OF LWAS BUT COUNSEL’S ERROR MUST BE SO PALPABLE AND MALICIOUSLY EXERCISED THAT IT WOULD VIABLY BE THE BASIS FOR DISCIPLINARY ACTION.

 

DOCTRINE

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SCD-2020-0013-Spouses Agerico Abrogar and Carmelita Abrogar Vs. Land Bank of the Philippines 

 

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CASE 2020-0011: PRIME STARS INTERNATIONAL PROMOTION CORPORATION AND RICHARD U. PERALTA VS. NORLY M. BAYBAYAN AND MICHELLE V. BELTRAN (G.R. NO. 213961. JANUARY 22, 2020) (SUBJECT/S: RESIGNATION CONTRADICTED BY FILING COMPLAINT; NO DIMINUTION OF BENEFITS IN OFW EMPLOYMENT CONTRACT APPROVED BY DOLE; RECRUITER SOLIDARILY LIABLE) (BRIEF TITLE: PRIME STARS ET AL VS BAYBAYAN ET AL.)

 DISPOSITIVE:

 

DISPO

 SUBJECTS/DOCTRINES/DIGEST:

 

PETITIONER ARGUES THAT RESPONDENT BELTRAN VOLUNTARILY PRE-TERMINATED HIS EMPLOYMENT AGREEMENT BY SIGNING A MUTUAL CONTRACT ANNULMENT AGREEMENT. IS THIS CONTENTION CORRECT?

 

NO BECAUSE THIS THE FILING OF A COMPLAINT AT NLRC IS INCONSISTENT WITH RESIGNATION.

 

EXECUTION OF RESIGNATION

 

PETITIONER SAID THAT SINCE THEY ALREADY PRESENTED EVIDENCE OF RESIGNATION THE BURDEN OF PROOF NOW LIES WITH BELTRAN. IS THIS CORRECT?

 

NO, THE BURDEN IS WITH THE EMPLOYER STILL. THE ALLEGED RESIGNATION IS AMBIGUOUS AND DOUBTFUL.

 

BURDEN OF PROVING

 

PETITIONERS CONTEND THAT  RESPONDENTS SIGNED AN ADDENDUM WHICH ALTERED THEIR EMPLOYMENT CONTRACT APPROVED BY POEA. THEREFORE THEY ARE BOUND BY THE ADDENDUM. IS THIS CONTENTION CORRECT?

 

NO BECAUSE THE LABOR CODE AND POEA RULES PROHIBIT DIMINUTION OF BENEFITS AND  ALTERATION OF EMPLOYMENT CONTRACTS APPROVED BY DOLE.

 

NO ALTERATION

 

IS THE RECRUITER, PRIME STARS, LIABLE?

 

YES. UNDER R.A. 8042 THE RECRUITER IS SOLIDARILY LIABLE WITH THE  FOREIGN EMPLOYER.

 

SOLIDARY 1 

SOLIDARY 2

  

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SCD-2020-0011-Prime Stars International Promotion Corporation and Richard U. Peralta Vs. Norly M. Baybayan and Michelle V. Beltran

 

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