Archive
Jurisdiction of Labor Arbiter
In the case of Tumaodos v. San Miguel Yamamura Packaging Corporation, G.R. No. 241865, February 19, 2020, the Supreme Court held that in cases involving workers and employers, the delineation between the jurisdiction of the regular courts and that of labor courts has always been a matter of dispute. Not all controversies or money claims by an employee against the employer or vice versa fall within the exclusive jurisdiction of the Labor Arbiter.
Writ of Amparo: A Rapid Judicial Relief for Extralegal Killings and Enforced Disappearances
The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. (Section 1, A.M. No. 07-9-12-SC)According to the case of Siegfred D. Deduro vs. Maj. Gen. Eric C. Vinoya, G.R. No. 254753, July 04, 2023, the said remedy was described as a hybrid writ of the common law and civil law traditions, and “provides rapid judicial relief as it partakes of a summary proceeding that requires only substantial evidence to make the appropriate reliefs available to the petitioner; it is not an action to determine criminal guilt requiring proof beyond reasonable doubt, or liability for damages requiring preponderance of evidence, or administrative responsibility requiring substantial evidence that will require full and exhaustive proceedings.”
Political Questions Doctrine
Questions of policy or wisdom, oftentimes referred to as political questions, are defined as those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the Legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. (Tañada, et al. v. Cuenca, et al., G.R.No. 10520)
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Salient Features of Domestic Administrative Adoption and Alternative Child Care Act
The Domestic Administrative Adoption and Alternative Child Care Act hereby declared the policy of the State to ensure that every child remains under the care and custody of the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child’s personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.
Crimes against Humanity
“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: ▪ murder; ▪ extermination; ▪ enslavement;▪ deportation or forcible transfer of population; ▪ imprisonment; ▪ torture; ▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; ▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds; ▪ enforced disappearance of persons; ▪ the crime of apartheid; ▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury
Doctrine of Qualified Political Agency
Heads of the various executive departments are the alter egos of the President, and, thus, the actions taken by such heads in the performance of their official duties are deemed the acts of the President unless the President himself should disapprove such acts. (Teves v. COA, G.R. No. 242342, March 10, 2020)