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Special Penal Laws Update Part 2

RECIDIVISTS ARE ENTITLED TO THE BENEFITS OF THE INDETERMINATE SENTENCE   People VS Clareon CA 78 O.G. 6701 Nov. 19, 1982            Recidivists are entitled to an indeterminate sentence. (People v. Jaramilla, L-28547, Feb. 22, 1974). Offender is not disqualified to avail of the benefits of the law even if the crime is committed while […]

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Special Penal Laws Update Part 1

APPLICATION OF INDETERMINATE SENTENCE LAW EXPLAINED  People VS Saley GR 121179 [July 2, 1998] In the case of People vs. Gabres, the Court has had occasion to so state that —  “Under the Indeterminate Sentence Law, the maximum term of the penalty shall be ‘that which, in view of the attending circumstances, could be properly imposed’ […]

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Case Digest: MA. LOURDES VALENZUELA vs. COURT OF APPEALS, RICHARD LI and ALEXANDER COMMERCIAL, INC.

MA. LOURDES VALENZUELA, petitioner, vs. COURT OF APPEALS, RICHARD LI and ALEXANDER COMMERCIAL, INC., respondents. G.R. No. 115024    [February 7, 1996] Facts: At around 2:00 in the morning of June 24, 1990, plaintiff Ma. Lourdes Valenzuela was driving a blue Mitsubishi lancer from her restaurant at Marcos highway to her home. While travelling along […]

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CASE DIGEST: PLUM VS NORIEL

PLUM VS NORIEL 119 SCRA 299 December 15, 1982 NATURE Petitioner seeks to set aside the Order and Resolutions of the Bureau of Labor Relations for having been issued in excess of jurisdiction and with grave abuse of discretion. It, likewise, prays for an order directing respondent director to hold a certification election so that […]

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Case Digest: REPUBLIC OF THE PHILIPPINES vs. HON. PERFECTO R. PALACIO, ET AL.

REPUBLIC OF THE PHILIPPINES, petitioner, vs. HON. PERFECTO R. PALACIO, as Judge of the Court of First Instance of Camarines Sur, MACARIO M. OFILADA, as ex-officio Sheriff of Manila, and ILDEFONSO ORTIZ, respondents. G.R. No. L-20322   [ May 29, 1968] Facts:  Ildefonso Ortiz instituted a civil action against the Handog Irrigation Association, Inc, a corporation, and […]

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CASE DIGEST: ILAW AT BUKLOD NG MANGGAGAWA (IBM) VS DIRECTOR OF LABOR RELATIONS

ILAW AT BUKLOD NG MANGGAGAWA (IBM) VS DIRECTOR OF LABOR RELATIONS 91 SCRA 482 Jul 16, 1979 FACTS -This is a certification election case. The Ilaw at Buklod ng Manggagawa, a duly registered labor union and a member of Trade Union Congress of the Philippines (TUCP), filed with the Ministry of Labor a petition for […]

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CASE DIGEST: YOUNG MEN LABOR UNION STEVEDORES VS CIR

YOUNG MEN LABOR UNION STEVEDORES VS CIR 13 SCRA 285 Feb. 26, 1965 FACTS -Nasipit Lumber Co., Inc. (NALCO) entered into a contract with Young Men Labor Union Stevedores (YMLUS) and Victory Stevedoring and Labor Union (VISLU) whereby the 2 unions bound themselves to undertake loading jobs of NALCO’s exports at 50-50. YMLUS later sent […]

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CASE DIGEST: SMC QUARRY 2 WORKERS UNION – FSM VS TITAN MEGABAGS INDUSTRIAL CORPORATION

SMC QUARRY 2 WORKERS UNION – FSM VS TITAN MEGABAGS INDUSTRIAL CORPORATION 428 SCRA 524 May 19, 2004 FACTS -Petitioner filed a petition for certification election with the Med-Arbitration Section OF DOLE. Respondent opposed the petition, contending that members of petitioner union are not its employees but of Stitchers Multi-Purpose Cooperative (SMC), an independent contractor. […]

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CASE DIGEST: NOTRE DAME of GREATER MANILA (NDGM) VS LAGUESMA

NOTRE DAME of GREATER MANILA (NDGM) VS LAGUESMA 433 SCRA 244 June 28, 2004 NATURE Petition for Review under Rule 45 of the Rules of Court FACTS -Notre Dame of Greater Manila Teachers and Employees Union (NDGMTEU) a legitimate labor organization duly accredited and registered with DOLE filed with Med-Arbitration Branch a petition for direct […]

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CASE DIGEST: STA. LUCIA EAST COMMERCIAL CORP VS SECRETARY OF DOLE

STA. LUCIA EAST COMMERCIAL CORP VS SECRETARY OF DOLE G.R. No. 162355 August 14, 2009,   We find it strange that the employer itself, SLECC, filed a motion to oppose CLUP-SLECCWA’s petition for certification election. In petitions for certification election, the employer is a mere bystander and cannot oppose the petition or appeal the Med-Arbiter’s […]

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