The Author
The author is a practicing lawyer, who began this law blog in 2011.
LAW PRACTICE
The author took the bar in 2015 and passed the same. She went into private practice and taught as a university professor. She entered the public attorneys office in 2017.
Education
The author is a graduate of Bachelor of Arts in Mass Communication and Bachelor of Laws (conferred with Juris Doctor). She is an alumna of Holy Name University.
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The author loves to write, travel, and write about her travels.
BLOG
Visit her blog: hitchhikersguidetothephilippines.blogspot.com
Monday, March 21, 2016
Case Digest: Tolentino and Mojica vs. Comelec
G.R. No. 148334. January 21, 2004
ARTURO M. TOLENTINO and ARTURO C. MOJICA vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B. HONASAN
FACTS:
Petitioners assailed the manner by which the simultaneous regular and special elections of 2001 were conducted by the COMELEC.Petitioners contend that, if held simultaneously, a special and a regular election must be distinguished in the documentation...
Case Digest: Ampatuan, et al. vs. COMELEC
Ampatuan, et al. vs. COMELEC
G. R. No. 149803. January 31, 2002
FACTS:
The COMELEC lifted its order suspending the proclamation and thereafter proclaimed petitioners as the victors in the May 14, 2001 Maguindanao Provincial election. Respondents petitioned before the Supreme Court the suspension of the effects of the said proclamation and insisted that there had been a “failure of election”. The COMELEC...
Case Digest: Clemente vs. WCC and Rattan Art and Decorations Inc.
Clemente vs. WCC and Rattan Art and Decorations Inc., G.R. No. L-42087, April 8, 1988
Facts:
Ricardo Clemente, a machine set-up man at Rattan Art and Decorations Inc, died of acute cardiorespiratory failure, with manifest pulmonary infarct, cardiac dilatation and marked visceral congestion. The heirs’ claim for death compensation benefits under WCA was granted. On appeal, the Commission ruled in favor of private...
Case Digest: Berberisa Riño vs. ECC and SSS
BEBERISA RIÑO vs. ECC and SSS, G.R. No. 132558, May 9, 2000
Facts:
Virgilio T. Riño Sr., was a stevedore at Allied Port Services since July 1982. In 1992, he died of “Uremia secondary to chronic renal failure” three days after he was rushed to the hospital after collapsing at work. Virgilio’s widow claimed for death benefits from the SSS. The claim was denied by the system and, subsequently, by the ECC for failure to present proof...
Case Digest: Limbo vs. ECC and SSS
Limbo vs. ECC and SSS, July 30, 2002 G.R. No.146891
Facts:
Ruben Limbo was employed at Nestlé Philippines, Incorporated as salesman in 1966 and was later promoted as Area Sales Supervisor in 1977 until 1996. In 1994, he was diagnosed with elevetaed BUN, creatinine, anemia and chronic renal disease. In 1995, he underwent a renal transplant. Limbo claimed for benefits from SSS bu the latter denied the claim, reasoning that Limbo’s...
Case Digest: Tancinco vs. GSIS and ECC
Tancinco vs. GSIS and ECC, November 16, 2001, G.R. 132916
Facts:
SPO1 Eddie G. Tancinco was shot dead by five (5) unidentified armed men while off duty and repairing a service vehicle in front of his house. His widow claimed for benefits. The GSIS and ECC denied the claim for lack of proof that the death of Tancinco was work-related.
Issue:
Whether or not Tancinco’s death was compensable.
Ruling:
Tancinco’s...
Case Digest: Valeriano vs. ECC and GSIS
Valeriano vs. ECC and GSIS, June 8, 2000 GR 136200
Facts:
Celestino Valeriano was employed as a firetruck driver. On the evening of July 3, 1985, after having dinner with a friend, Valeriano met an accident and was severely injured when the vehicle he was on collided with another. Valeriano claimed for benefits from the GSIS which the latter denied for being non-compensable. The ECC and CA sustained the system, reasoning that the injury...
Case Digest: Caltex vs. Palomar
G.R. No. L-19650 September 29, 1966
CALTEX (PHILIPPINES), INC vs. ENRICO PALOMAR, in his capacity as THE POSTMASTER GENERAL
FACTS:
In 1960, Caltex launched their "Caltex Hooded Pump Contest", which called for participants to estimate the actual number of liters a hooded gas pump at each Caltex station will dispense during a specified period.Participants were neither required consideration...
Jurisdiction: Correlation and Distinction of Tijam vs. Sibonghanoy, Regalario case and Fukuzume case
It is the settled rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings.
It was however held in Tijam vs. Sibonghanoy that the appellants were barred by laches, considering that it took the appellants 15 years in raising the issue of jurisdiction (based...
Case Digest: People vs. Taraya
G.R. No. 135551. October 27, 2000
People vs. Taraya
FACTS:
Accused-appelants Ampie Taraya, Jonar Estrada and Arly Cantuba, all are relatives, were charged for the crime of murder qualified by treachery for the death of Salvador Reyes.
Salvador Reyes was killed on the night of September 24, 1995. Prosecution witnesses Mariano Adillo, David Angeles and Gregorio Reyes testified against the accused appellants. Their statements...
CASE DIGEST: Stephen Tibagong vs. People of the Philippines
Stephen Tibagong vs. People of the Philippines
G.R. No 182178
August 15, 2011
Facts:
Petitioner was found guilty by the lower courts for the violation of Section 11 or RA 9165.
Facts state that arresting officers, PO3 Faelogo and PO3 Paquera, received information from a caller, informing them of an illegal drug trade. The two proceeded to the reported place where they found petitioner, flicking a plastic allegedly containing shabu. The...
CASE DIGEST: Nolasco, et al vs. Paño
Nolasco, et al vs. Paño
G.R. No. L-69803
October 8, 1985
Facts:
The present case was subject for resolution.
Supreme Court held in a criminal case that the arrest of the petitioners was illegal, annulling the decision of respondent Judge Paño, and that the seizure of the items by virtue of the warrant by the same respondent judge are inadmissible as evidence in the Subversive Documents case. However the Court held...
Case Digest: JOSE BURGOS VS. CHIEF OF STAFF
Jose Burgos vs. Chief of Staff
G.R. No L-64261
December 26, 1984
Facts:
Two warrants were issued against petitioners for the search on the premises of “Metropolitan Mail” and “We Forum” newspapers and the seizure of items alleged to have been used in subversive activities. Petitioners prayed that a writ of preliminary mandatory and prohibitory injunction be issued for the return of the seized articles, and that respondents...
Case Digest : National Power Corporation vs. Benjamin Ong Co
G.R. No. 166973
National Power Corporation vs. Benjamin Ong Co
February 10, 2009
Facts:
Petitioner expropriated respondent’s property for its Lahar Project, a project for public use
Petitioner established its claim on RA 6395, allowing it to exercise the right to eminent domain.
Complaint was filed at the RTC on June 27, 2001. On 25 March 2002, petitioner obtained a writ of possession and on 15 April 2002 it took possession of...
CASE DIGEST: ARSENIO VERGARA VALDEZ vs. PEOPLE OF THE PHILIPPINES
ARSENIO VERGARA VALDEZ vs. People of the Philippines
G.R. No 170180
November 23, 2007
Facts:
Petitioner Arsenio Valdez was found guilty by the lower courts for
the violation of Section 11 of RA 9165 (illegal possession of dangerous drugs)
after dried marijuana leaves were found in his possession by three barangay
tanods who made a search on him
Petitioner denied ownership and purported that he had just
alighted from the bus...
Case Digest: Alih vs. Castro
Alih vs. Castro
151 SCRA 279
June 23, 1987
Facts:
Respondents who were members of the Philippine marine and defense forces raided the compound occupied by petitioner in search of loose firearms, ammunitions and explosives. A shoot-out ensued after petitioners resisted the intrusion by the respondents, killing a number of men. The following morning, the petitioners were arrested and subjected to finger –printing, paraffin...
Sunday, March 20, 2016
CASE DIGEST: ONG VS. ROBLES
G.R. No. 97347
Jaime Ong vs. Court of Appeals and Robles couple
July 6, 1999
Facts:
Petitioner Jaime Ong and respondents, Robles couple executed an “Agreement of Purchase and Sale” with regard to 2 parcels of land, on which a rice mill and a piggery were found and thus included. The terms and conditions of the contract included an initial payment, payment for the loan of the sellers including interest, and the balance to...