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

Posted on February 23, 2012 by Erineus

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

Posted on February 22, 2012 by Erineus

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 →

Posted in Constitutional Rights, Evidence, Fruit of Poisonous Tree, Uncategorized | Leave a comment

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

Posted on January 18, 2012 by Erineus

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 →

Posted in Anti Graft and Corruption, Question and Answers, SAL-N, Uncategorized | Tagged | Leave a comment

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

Posted on December 17, 2011 by Erineus

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 →

Posted in Contract to Sale, HLURB, Mortgage, Obligations and Contracts, Uncategorized | Leave a comment

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

Posted on December 17, 2011 by Erineus

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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