Category: LATEST SUPREME COURT CASES


CASE 2020-27: FREDIEROSE TAMBOA y LADAY VS. PEOPLE OF THE PHILIPPINES (G.R. NO. 248264, JULY 27, 2020, PERLAS-BERNABE, J.) (SUBJECT/S: APPEAL SET ASIDE DUE TO NEGLIGENCE OF COUNSEL AND MERIF OF APPEAL)

DISPOSITIVE:

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS IS AN INTERESTING CASE. COURT OF APPEALS RULED THAT ACCUSED WAS GUILTY. ITS DECISION BECAME FINAL. BUT SUPREME COURT SET ASIDE SUCH FINAL JUDGMENT BECAUSE OF THE NEGLIGENCE OF COUNSEL BY NOT FILING APPELLANT’S BRIEF AND ALSO DUE TO THE MERIT OF THE APPEAL. ARRESTING OFFICER DID NOT FOLLOW THE CHAIN OF CUSTODY RULE.

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.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

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.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

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.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.