Category Archives: Uncategorized

A judgment or final order or resolution of the COA may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65

To begin with, petitioner availed of the wrong remedy in filing a petition for review under Rule 45. Article IX-A, Section 7 of the Constitution provides that decisions, orders or rulings of the Commission on Audit may be brought to … Continue reading

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Extrajudicial Confession

Accused-appellant was not informed of his rights, nor was there a waiver of said rights.  Thus, the information elicited is inadmissible, and the evidence garnered as the result of that interrogation is also inadmissible.  This parallels Aballe v. People,[26] wherein … Continue reading

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Non-disclosure of the bank deposits in one’s SALN constitutes dishonesty?

The pivotal issue in this case, however, is whether or not Racho’s non-disclosure of the bank deposits in his SALN constitutes dishonesty. The Court views it in the affirmative.           Section 7 and Section 8 of Republic Act (R.A.) 3019[38] … Continue reading

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A mortgage contract executed in breach of Section 18 of [PD 957] is null and void

Mortgage contract void As the HLURB Arbiter and Board of Commissioners both found, DELTA violated Section 18 of PD 957 in mortgaging the properties in Delta Homes I (including Lot 4) to the BANK without prior clearance from the HLURB. … Continue reading

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Article 38(a) of the Labor Code, as amended, specifies that recruitment activities undertaken by non-licensees or non-holders of authority are deemed illegal and punishable by law

Recruitment and placement refers to the act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. When a person or entity, … Continue reading

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Under Article 2194 of the New Civil Code, “the responsibility of two or more persons who are liable for a quasi-delict is solidary

Premises considered, the Court is of the view that both Loadmasters and Glodel are jointly and severally liable to R & B Insurance for the loss of the subject cargo. Under Article 2194 of the New Civil Code, “the responsibility … Continue reading

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Grounds for issuance of preliminary injunction

SEC. 3. Grounds for issuance of preliminary injunction. – A preliminary injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining … Continue reading

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