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Showing posts from August, 2019

Nanolan v. Agrinanas Dev (G.R. No. 240075. August 20, 2018)

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CASE DIGEST: G.R. No. 240075, August 20, 2018. EDGAR T. NANOLAN V. AGRINANAS DEV. COMPANY, INC. AND/OR FRANCUCCI O. RABANES (HR MANAGER) AND MS. ROSSANA C. CALINGIN (HR DIRECTOR). G.R. No. 240075 - Edgar T. Nanolan v. Agrinanas Dev. Company, Inc. and/or Francucci O. Rabanes (HR Manager) and Ms. Rossana C. Calingin (HR Director). FACTS: Petitioner was convicted of murder. The Labor Arbiter, the NLRC and the CA found that petitioner was validly dismissed on the ground of conviction for a crime involving moral turpitude, which warranted the penalty of dismissal pursuant to respondent Agrinanas Development Company, Inc.'s Employee Discipline System. ISSUE:  Petitioner now wants the Supreme Court to look into whether his conviction involved moral turpitude and, hence, can be the valid basis or ground for his dismissal. He also alleges unfair labor practice on the part of his employer. HELD:  As aptly ruled by the three tribunals, the circumstances of petitioner's case showed

People v. Kunii (G.R. No. 230556, November 20, 2017)

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CASE DIGEST: [G.R. No. 230556, November 20, 2017]. PEOPLE OF THE PHILIPPINES V. MAKOTO KUNII Y REGATILLO. At about 6:00 P.M. of July 15, 2011, a male confidential informant (CI) alias Macmac reported to Gaudia at the Philippine Drug Enforcement Agency (PDEA)Regional Office No. 02, Tuguegrao City, that a certain Makoto was involved in the illegal activity of dangerous drugs in Tuguegarao City. Gaudia relayed the report to the PDEA Regional Director Azurin. Upon the directive of Azurin, Gaudia formed a team to conduct a buy bust against Makoto. It was composed of IO1 Mark Anthony Ventura, IO1 Mary Jane Gaayon, IO1 Cabanilla and Gaudia himself. Gaudia conducted a briefing wherein he designated Ventura as the poseur buyer, Gaayon as [the] immediate back-up of Ventura and Cabanilla as investigator. Gaudia then gave Ventura one (1) piece P500.00 with Serial No. DE IO1048 as buy bust money. During the briefing, [Gaudia] instructed the CI to contact Makoto for a drug sale transaction. Th

Suggested readings re RA 9165 cases

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It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills. Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications,

Calica v. People G.R. No. 231106, August 14, 2017

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CASE DIGEST: G.R. No. 231106, August 14, 2017. JIMMY CALICA Y DUCLAYAN, PETITIONER V. PEOPLE OF THE PHILIPPINES, RESPONDENT. G.R. No. 231106 - Jimmy Calica y Duclayan, petitioner v. People of the Philippines, respondent. FACTS:  Petitioner alleges that the victim's act of punching him coupled with insulting and offensive remarks against his daughter constitute sufficient provocation to enrage him. It was also sufficient to stir his wrath and obfuscate his thinking. He contends that the act of stabbing the victim is but an immediate and proximate reaction from someone who was physically attacked, and whose daughter's honor was insulted in his presence. He maintains the view that such a scenario is sufficient to trigger an uncontrollable burst of legitimate passion. Petitioner wants the Supreme Court to review factual issues. ISSUE: Should the Supreme Court review the factual background of this case? HELD: The petition lacks merit. No, the Supreme Court should not

Bar exam Top 10 has 2 PhDs, 4 master's degrees

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SOURCE:  64-year-old Bar exam topper has 2 PhDs ABS-CBN News Posted at Mar 01 2012 07:07 PM | Updated as of Mar 02 2012 03:07 AM. https://news.abs-cbn.com/lifestyle/03/01/12/64-year-old-bar-exam-topper-has-2-phds. A 64-year-old man who placed 10th in the 2011 Bar exams was no ordinary law student. Rodolfo Aquino has 2 PhDs (doctorates), a master's degree in business administration, and 3 other masteral degrees in statistics and accounting. Aquino, a law veledictorian at San Beda College-Alabang, is also a certified public accountant and is a professor at the University of the Philippines' College of Business Administration. He said his age did not prevent him from reaching his dream of becoming a lawyer. "If you can still argue, read, and write, o kahit dictate na lang, you can still do it," he said, citing octogenarians, Senate President Juan Ponce Enrile and former Associate Justice Serafin Cuevas. Aquino's fellow UP professors clapped for him when

Expanded VAWC bill OK'd by House

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Republic Act No. 9262 is known as The Anti-Violence against Women and their Children Act of 2004. Recognizing "the need to protect the family and its members particularly women and children from violence and threats to their personal safety and security", RA 9262 was signed by former President Gloria Macapagal-Arroyo on March 2, 2004. Under the RA 9262, VAW refers to "any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty." The House of Representatives on Monday approved on third and final readi

Leonen-written cases for 2020 Bar takers

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Mario Victor "Marvic" F. Leonen is an Associate Justice of the Supreme Court of the Philippines. He is the second youngest to hold the said position since Manuel V. Moran in 1938. Prior to his stint in the country's highest court, he had served as chief peace negotiator of the Republic of the Philippines in the talks with the Moro Islamic Liberation Front. Leonen was dean of the University of the Philippines College of Law at Diliman from 2008 to 2011. He is well known in the fields of environmental activism and community organizing. SOURCE:  https:/Marvic Leonen. From Wikipedia, the free encyclopedia. /en.wikipedia.org/wiki/Marvic_Leonen DOWNLOAD THE PDF FILE/VERSION AT THE BOTTOM OF THIS POST. [ G.R. No. 212683, November 12, 2018 ] THIRD DIVISION [ G.R. No. 212683, Nove ...[ G.R. No. 21268