Latest Entries »

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 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.

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”.