Just another mommy blogger from Asia's Latin City

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Claudine

Claudine has 38 articles published.

Cabanas vs Pilapil; G.R. No. L-25843; 25 Jul 1974; 58 SCRA 94

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FACTS: Deceased Florentino Pilapil, husband of Melchora Cabanas and father of Millian Pilapil, left an insurance having his child as beneficiary and authorized his brother to act as trustee during his child’s minority. Upon his death, the insurance proceeds were paid to the brother. ISSUE(S): Whether or not the State may interfere with the virtue of the doctrine of parens patriae to the terms of the insurance policy. HELD: YES. It is buttressed by the adherence to the concept that the judiciary, an an agent of the State acting as parens patriae, is called upon whenever a pending suit or litigation affects…

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Salazar vs Achacoso; G.R. No. 81510; 14 Mar 1990; 183 SCRA 145

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FACTS: Rosalie Tesorio, in a sworn statement, filed a complaint with the POEA charging petitioner for illegal recruitment. After knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Achacaso issued a closure and seizure order. ISSUE(S): Whether or not the POEA/Labor Secretary validly issued the warrant for search and seizure. HELD: No search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched…

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Zandueta vs de la Costa; G.R. No. 46267; 28 Nov 1938; 66 Phil 615

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FACTS: Francisco Zandueta was presiding over the 5th brand of the CFI of Manila. Upon the promulgation of CA 145, he received a new ad interim appointment as judge of First Instance, this time at the fourth judicial district. However, the Commission on Appointment of the national assembly disapproved the aforesaid ad interim appointment. Thereafter, the president appointed Sixto de la Costa as a judge of the 4th judicial district. The appointment was approved by the Commission on Appointment. ISSUE(S): Whether or not Zandueta may question the constitutionality of CA 145. HELD: When a judge of First Instance, presiding over…

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People vs Vera; G.R. No. L-45685; 16 Nov 1937; 65 SCRA 56

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FACTS: While awaiting new trial, Cu Unjeng appealed for probation alleging that he is innocent of the crime he was convicted. Judge Vera upon the request of private respondent allowed the petition to be set for hearing. ISSUE(S): Whether or not there is undue delegation of power. HELD: YES. There is undue delegation of power because there is no set standard provided by Congress on new provincial boards must act in carrying out a system of probation. The provincial boards of the various provinces are to determine for themselves, whether the probation law shall apply to their provinces or not.

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Anti Graft League of the Philippines vs CA; G.R. No. 97787; 01 Aug 1996; 260 SCRA 250

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FACTS: President Marcos issued P.D. 674 establishing the Technological College of Rizal. It made the Provincial Board purchase four parcels of land from Ortigas & Co., Ltd. totaling to 192,177 sq.m. at P110.00 per sq.m. The land remained unused for 12 years so the Board passed Resolution 87-205, allowing the governor to sell the land. It was then sold to Valleyview Realty Development Corp. for P700 per sq.m. The new provincial board issued Resolution 88.65 rescinding the sale between the province and Valleyview because of the low sale price. Petitioners allege the provincial board illegally disbursed public land. ISSUE(S): Whether…

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