Juristz

Veronico O. Tagud Vs. BSM Crew Service Centre Phils., Inc./Narcissus Duran and/or Bernhard Schulte Shipmaanagement (CYPRUS) G.R. No. 219370. December 6, 2017 1.     Respondent Bernhard Schulte Shipmanagement (Cyprus) (Bernhard), a foreign shipping company doing business in the Philippines through its local manning agent, respondent BSM Crew Service Centre Philippines, Inc. (BSM) hired petitioner Veronico 0. Tagud (Tagud) as Able Bodied Seaman since 2005. BSM is a domestic corporation engaged in the manning and recruitment of Filipino seafarers on board ocean going vessels and respondent Narcissus Duran is the company's President and authorized representative. On 18 October 2008, while on duty doing a sanding job, Tagud lost his balance due to the sudden tilting of the ship and his right elbow region crashed against a hard object. As a result, he lost sensation and strength on his upper right extremity. After three days, he was brought to a doctor for medical at...

Representatives Edcel C. Lagman, et al. Vs. Hon. Salvador C. Medialdea, et al./Eufemia Campos Cullamat, et al. Vs. Executive Secretary Salvador Medialdea, et al./Norkaya S. Mohamad, et al. Vs. Executive Secretary Salvador C. Medialdea, et al. G.R. No. 231658/G.R. No. 231771/G.R. No. 231774. December 5, 2017 1.     When a case would become moot and academic? We have consistently ruled that a case becomes moot and academic when it "ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value." 2.     What are the parameters for determining the sufficiency of factual basis for the declaration of martial law and/or the suspension of the privilege of the writ of habeas corpus? The parameters for determining the sufficiency of factual basis are as follows: 1) actual rebellion or invasion; 2) public safety requires it; the first two requirements must concur; and 3...

Ophelia Hernan Vs. Sandiganbayan G.R. No. 217874. December 5, 2017 1.     Petitioner, in the instant case, seeks to assail the Sandiganbayan's Resolutions dated December 4, 2013 and February 2, 2015 wherein said court denied her motion to reopen the malversation case against her. Will extraordinary remedy of certiorari under Rule 65 prosper? No. Said resolutions are clearly final orders that dispose the proceedings completely. The instant petition for certiorari under Rule 65 is, therefore, improper. 2.     When may extraordinary remedy of certiorari be availed? If there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law. If the Order or Resolution sought to be assailed is in the nature of a final order, the remedy of the aggrieved party would be to file a petition for review on certiorari under Rule 45 of the Rules of Court. Otherwise, the appropriate remedy would be to file a petitio...

Atty. Rosita L. Dela Fuente Torres, et al. Vs. Atty. Bayani P. Dalangin/Glenda Alvaro Vs. Atty. Bayani P. Dalangin/Atty. Bayani P. Dalangin Vs. Atty. Rosita L. Dela Fuente Torres and Atty. Avelino Andres/Atty. Bayani P. Dalangin Vs. Atty. Rosita L. Dela Fuente Torres A.C. No. 10758/A.C. No. 10759/A.C. No. 10760/A.C. No. 107. December 5, 2017 1.     Who has the power to discipline members of the bar? In Vasco-Tamaray v. Daquis, the Court   emphasized   that   the amendments reiterated the principle that only the Court has the power to impose disciplinary action on members of the bar. Factual findings and recommendations of the Commission on Bar Discipline and the Board of Governors of the IBP are recommendatory, subject to review by the Court. 2.     CBD   Case   No.   11-3215   is   a   complaint1   for   gross   immorality, malpractice   and   gross   misconduct f...

Re: Habitual Absenteeism of Rabindranath A. Tuzon Officer-in-Charge (OIC)/Court Legal Researcher II, Branch 91, Regional Trial Court, Baler, Aurora A.M. No. 14-10-322-RTC. December 5, 2017 1.     When may an officer or employee in the civil service be considered habitually absent? An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credits under the law for at least three (3) months in a semester or at least three (3) consecutive months during the year. 2.     What is the penalty for habitual absenteeism of an officer or employee in the civil service? Administrative Circular No. 14-2002 and The Uniform Rules on Administrative Cases in the Civil Service impose the penalty of suspension of 6 months and 1 day to 1 year, for the first offense, and dismissal, for the second offense, in case of frequent unauthorized absences. Ho...

Re: Judicial Audit Conducted in the Regional Trial Court, Branch 20, Cagayan De Oro City, Misamis Oriental A.M. No. 14-11-350-RTC. December 5, 2017 1.     Present administrative matter arose from the judicial audit conducted on March 12 and 13, 2013, of Branch 20 of the Regional Trial Court (RTC) of Cagayan de Oro City, Misamis Oriental, then presided by Judge Bonifacio M. Macabaya (Judge Macabaya). In a Memorandum 1 dated April 17, 2013, the audit team found that out of the 573 cases examined by it, (1) 69 cases were submitted for decision but have yet to be decided despite the lapse of the 90-day period [as mandated by par. 1, Section 15, Article VIII of the 1987 Constitution]; (2) 33 cases with pending incidents were not yet resolved despite the lapse of the reglementary period to resolve them; and (3) 155 cases were dormant and unacted upon for a considerable length of time. He insisted that the administrative charges against him were made without noti...

W Land Holdings, Inc. Vs. Starwood Hotels and Resorts Worlwide, Inc. G.R. No. 222366. December 4, 2017 1.     What is trademark? Case law explains that "[t]rademarks deal with the psychological function of symbols and the effect of these symbols on the public at Jarge."47 It is a merchandising short-cut, and, "[w]hatever the means employed, the aim is the same -to convey through the mark, in the minds of potential customers, the desirability of the commodity upon which it appears." 2.     What are the functions of trademark? As viewed by modem authorities on trademark law, trademarks perform three (3) distinct functions: (1) they indicate origin or ownership of the articles to which they are attached; (2) they guarantee that those articles come up to a certain standard of quality; and (3) they advertise the articles they symbolize. 3.     On December 2, 2005, Starwood filed before the IPO an application for regi...

St. Martin Polyclinic, Inc. Vs. LWV Construction Corporation G.R. No. 217426. December 4, 2017 1.     Petitions for review on certiorari deal only on questions of law. Provide exceptions when the Supreme Court allows review of facts. “When the inference made is manifestly mistaken, absurd or impossible"; or "when the findings are conclusions without citation of specific evidence on which they are based." Finding a confluence of certain exceptions in this case, the general rule that only legal issues may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court would not apply, and the Court retains the authority to pass upon the evidence presented and draw conclusions therefrom 2.     Provide the basis for action for damages due to the negligence of another. An action for damages due to the negligence of another may be instituted on the basis of Article 2176 of the Civil Code, which defines a quasi-delict...