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Showing posts from August, 2023

Constitutional and Civil Law Foundations of Labor Law (September 2, 2023)

  I. CONSTITUTIONAL AND  CIVIL LAW FOUNDATIONS  OF LABOR LAW How are labor laws contributing  to p overty reduction?  P otent force for economic justice.  Labor Law  - branch of law that governs and regulates the relationship between employees and employers.  Legal Foundations of Labor Laws 1.  1987 Constitution Article II – Declaration of Principles and  State Policies Sec. 9 – The State shall promote a  just and dynamic social order  that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Sec. 10 – The State shall promote  social justice  in all phases of national development. Sec. 14 - The State recognizes the  role of women in nation-building , and shall ensure the fundamental equality before the law of women and men...

Case Digest: Treyes vs. Larlar, G.R. No. 232579, September 8, 2020

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                                                   Art. 777 | Succession, Heirs Provision: Art. 777.  The rights to the succession are transmitted from the moment of the death of the decedent. Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. Principle: Under the Civil Code, when the brothers and sisters of a deceased married sister survive with her widower, the latter shall be entitled by law to one-half of the inheritance and the brothers and sisters to the other half The Civil Code likewise states that this successional right of the legal heirs is vested in them from the very moment of the decedent's death. Ponente: Caguioa, J. Facts: Dr. Nixon L. Treyes and  Rosie Larlar...

Case Digest: Bonilla v. Barcena, G.R. No. L-41715 June 18, 1976

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                                                  Art. 777 | Succession,  Survival of Cause of Action Provision: Art. 777.  The rights to the succession are transmitted from the moment of the death of the decedent. Ponente: Martin, J. Facts: On March  1975 ,  Fortunata Barcena , mother of minors Rosalio Bonilla and Salvacion Bonilla and wife of Ponciano Bonilla , instituted a civil action in the Court of First Instance of Abra, to quiet title ( a legal action that is intended to clarify ownership of a given property )  over certain parcels of land located in Abra. On  May  1975 ,  Defendants filed a motion to dismiss the complaint. Before the motion was heard, the plaintiff's counsel requested to amend the complaint, which was allowed. On  July 9,  1975 , Fortunata Barcena died. Defendants filed an...

Case Digest: Cruz vs. Cruz, G.R. No. 173292, September 1, 2010.

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                                                 Art. 777 | Succession, Survival of Cause of Action Provision: Art. 777.  The rights to the succession are transmitted from the moment of the death of the decedent. Principle: In the causes of action which survive, the wrong complained [of]  affects primarily and principally property and property rights, the injuries to the person  being merely incidental. Ponente: Carpio, J.   Facts: Memoracion Z. Cruz claimed that during her union with her deceased common-law husband, Architect Guido M. Cruz, she acquired a parcel of land. In  1992 ,  Memoracion discovered that the said property was transferred by his son  Oswaldo Z. Cruz a nd his wife in their names by virtue of a fraudulent Deed of Sale dated 1973. In  1993 , Memoracion filed Complaint against her son Oswaldo f...

Case Digest: De Borja vs. Vda. de de Borja, No. L-28040. August 18, 1972

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                                                Art. 777 | Succession, Compromise Agreement Provision: Art. 777.  The rights to the succession are transmitted from the moment of the death of the decedent. Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale of the vendor. Ponente: Reyes, JBL Facts: Josefa Tangco  and Francisco de Borja were married. In  1940 , Josefa died.  Francisco initiated the probate of her will. Francisco was appointed as executor and administrator, while their son Jose de Borja was co-administrator. In  1954 , Franciso died before sett...

Case Digest: De Belen Vda. De Cabalu vs. Tabu, G.R. No. 188417. September 24, 2012

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                                                Art. 774, 776 | Succession, Future Inheritance Provision: Art. 774.  Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776.  The inheritance includes all the property, rights and obligations of a  person which are not extinguished by his death. Art. 1347. No contract may be entered into upon future inheritance except in cases expressly authorized by law. Principle: A contract entered into upon future inheritance as void. The law applies when the following requisites concur:  (1) the succession has not yet been opened;  (2) the object of the contract forms part of the inheritance; and...

Case Digest: Blas vs. Santos, No. L-14070. March 29, 1961

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                                               Art. 774, 776 | Succession, Inheritance Provision: Art. 774.  Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776.  The inheritance includes all the property, rights and obligations of a  person which are not extinguished by his death. Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. Principle: Compromise is a contract by which each of the parties in interest, by  giving, promising, or retaining something avoids the pro...

Case Digest: Union Bank of the Philippines vs. Santibañez, G.R. No. 149926, February 23, 2005

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                                              Art. 774, 776 | Succession, Probate Court Provision: Art. 774.  Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776.  The inheritance includes all the property, rights and obligations of a  person which are not extinguished by his death. Ponente: Callejo, Sr., J. Facts: In  May and December 1980 , the First Countryside Credit Corporation (FCCC) and  Efraim M. Santibañez entered into loan agreements for the payment of the purchase price of three units of agricultural tractor. During the two transactions, Efraim and his son, Edmund , executed a promissory note in favor of the FCCC. They also...