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Case No. 1: FEDERATED LPG DEALERS ASSOCIATION, vs. DEL ROSARIO [G.R. No. 202639. November 9, 2016.]
FACTS: Surveillance, investigation, apprehension, and prosecution of certain persons and establishments within Metro Manila reportedly committing acts violative of (BP 33),[4] as amended by (PD 1865),[5] to wit: (1) refilling of Liquefied Petroleum Gas (LPG) cylinders branded as Shellane, Petron Gasul, Caltex, Totalgaz and Superkalan Gaz without any written authorization from the companies which own the said brands in violation of Section 2(a),[6 relation to Sections 3[7] and 4;[8] (2) underfilling of LPG products or possession of underfill LPG cylinders for the purpose of sale, distribution, transportation, exchange or barter in violation of Section 2(c),[9] in relation to Sections 3[10] and 4; and, (3) refilling LPG cylinde without giving any receipt therefor, or giving out receipts without indicating the brand nam tare weight, gross weight and/or price thereof, among others, again in violation of Section in relation to Sections 3(b)[11] and 4.
On December 14, 2006, P/Supt Esguerra filed with the Department of Justice (DOJ) Compla Affidavits against Antonio and respondents for illegal trading of petroleum products and fo underfilling of LPG cylinders under Section 2(a) and 2(c), respectively, of BP 33, as amended
ACCS Ideal Gas Corporation (ACCS), which allegedly has been refilling branded LPG cylinder its refilling plant at 882 G. Araneta Avenue, Quezon City, has no authority to refill per certifications from gas companies owning the branded LPG cylinders.
STATCON ISSUE: 1. Can respondents, as members of the Board of Directors of ACCS, be criminally prosecuted for the latter's alleged violation/s of BP 33 as amended? Sign up to vote on this title
2. Are the offenses of illegal trading of petroleum products Section useful 2 (a) and un Usefulunder Not refilling under Section 2 (c), both of BP 33 as amended, distinct offenses?
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Respondents: They cannot be held liable under BP 33 as amended since the AOI of did not state that they were the President, General Manager, Managing Partner, or such ot officer charged with the management of business affairs. What the AOI plainly indicated wa that they were the incorporating stockholders of the corporation and nothing more.
CA: Antonio as General Manager of ACCS, the daily business operations of the corporation were vested in his hands and had ceased to be the responsibility of responden members of the Board of Directors.
Court: Respondents cannot be prosecuted for ACCS' alleged violations of BP 33. The were thus correctly dropped as respondents in the complaints.
2. Where the law does not distinguish, courts should not distinguish. Ubi lex non distin nec nos distinguere debemos.
Respondents: ACCS was only a dealer and distributor of petroleum products and no engaged in refilling activities.
State Prosecutor: offense of illegal trading by means of unauthorized refilling is not distinct from the offense of under-filling since these two offenses involve the very same ac You're Reading a Preview refilling. Unlock full access with a free trial.
Court: The law does not limit the commission of the offense of underfilling to offen who/which are duly authorized to refill. Download With Free Trial
Case No. 2: TIANGCO vs. UNIWIDE SALES WAREHOUSE CLUB, INC. [ G.R. No. 168697, December 14, 2009] FACTS:
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Not useful Petitioners Tiangco and Manego were employees Uniwide Warehouse Club ofUseful Sales group merchandising manager and senior category head. Both filed separate complaints fo illegal dismissal, payment of separation pay as well as award for moral and exemplary dam
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The respondents filed a petition for certiorari with a prayer for a TRO in the CA regarding the Labor Arbiter’s abuse of discretion. The CA reversed the decision of the Labo Arbiter and held that the cases be suspended until further orders.
STATCON ISSUE: WON the consolidated illegal dismissal cases can be reopened at this point of the SEC proceedings for Uniwide’s rehabilitation.
HELD:
PD 902 –A : Stipulated in Section 6 that upon appointment of a management committee, rehabilitation receiver, board or body pursuant to this Decree, all actions for claims against corporations under management or receivership pending before any court shall be suspend accordingly.
The term "claim," as contemplated in Section 6 (c), refers to debts or demands of a pecuni nature. It is the assertion of rights for the payment of money. Here, petitioners have pecun claims — the payment of separation pay and moral and exemplary damages. You're Reading a Preview No exception in favor of labor claims is mentioned in the law. Since the law makes no Unlock full access with a free trial. distinction or exemptions, neither should this Court. Ubi lex non distinguit nec nos distingu debemos Download With Free Trial
3. MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB) vs ABS-CBN BROADCASTING CORPORATION [G.R. No. 155282. January 17, 2005.]Sign up to vote on this title FACTS:
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STATCON ISSUE:
WON petitioner MTRCB has authority to review "The Inside Story."
HELD: Ubi lex non distinguit nec distinguere debemos. Settled is the rule in statutory construction where the law does not make any exception, courts may not except something therefrom, unless there is compelling reason apparent in the law to justify it. Thus, when the law says television programs," the word "all" covers all television programs, whether religious, publi affairs, news documentary, etc. The principle assumes that the legislative body made no qualification in the use of general word or expression.
It then follows that since "The Inside Story" is a television program, it is within the jurisdict of the MTRCB over which it has power of review. The only exceptions from the MTRCB's power of review are those expressly mentioned in Section 7 of P.D. No. 1986, such as (1) television programs imprinted or exhibited by the Philippine Government and/or its departments and agencies, and (2) newsreels.
You're Reading a Preview Clearly, the "The Inside Story" cannot be considered a newsreel. It is more of a public affair program which is described as a variety a cross between pure television Unlockof fullnews accesstreatment; with a free trial. news and news-related commentaries, analysis and/or exchange of opinions. 37 Certainly, kind of program is within petitioner's review power. Download With Free Trial
4. PAREDES vs. FEED THE CHILDREN PHILIPPINES, INC. [G.R. No. 184397. September 9, 2015.] Sign up to vote on this title
FACTS:
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Rosalinda G. Paredes was the national director of FTCP, a non-stock, non-profit, and non-
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which performed her functions and issued memorandum directly to her subordinates. She further claimed that she was excluded from respondent’s executive committee (execom) meetings. Does her complaint find merit?
The CA annulled the decision of the NLRC and declared petitioner to have voluntarily resign from her employment. It ordered petitioner to pay FTCP P34,438.37 for her unpaid loans a P109,208.36 respecting her disbursement and withdrawals from the FTCP Provident Fund. the CA err in ordering such payment? STATCON ISSUE:
Petitioner alleged that the CA erred when it ruled that she should pay respondents' claims damages. She maintained that they were not duly proven and that they clearly did not arise from an employer-employee relationship.
This Court held that the “money claims of workers” referred to in Article 217 of the Labor C embraces money claims which arise out of or i n connection with the employer-employee relationship, or some aspect or incident of such relationship. HELD:
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Noscitur a sociis - the meaning of questionable words or phrases in a statute may be Unlock full access with a free trial. ascertained by reference to the meaning of words or phrases associated with it.
Download With Free Trial Applying the rule of noscitur a sociis in clarifying the scope of Article 217, it is evident that paragraphs 1 to 5 refer to cases or disputes arising out of or in connection with an employe employee relationship. In other words, the money claims within t he original and exclusive jurisdiction of labor arbiters are those which have some reasonable causal connection w employer-employee relationship. Sign up to vote on this title
where This claim is distinguished from cases of actions for damages the employer-employe relationship is merely incidental and the cause of action proceeds from a different source o obligation. Thus, the regular courts have jurisdiction where the damages claimed for were Useful
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Authority (PEZA). The respondent is Value Added Tax-registered entity and filed for the VA returns. An administrative claim for refund of VAT input taxes in the amount of P28,369,22 with supporting documents (inclusive of the P12,267,981.04 VAT input taxes subject of this Petition for Review), was filed on 4 October 1999 and no final action has been received by respondent from the petitioner on the claim for VAT refund. Hence, petitioner is sued in hi official capacity. The Tax Court rendered a decision granting the claim for refund and CTA affirmed the decision. Hence, the present petition for certiorari.
STATCON ISSUE:
Whether or not respondent is entitled to the refund or issuance of Tax Credit Certificate in amount of P12,122,922.66 representing alleged unutilized i nput VAT paid on capital goods purchased for the period April 1, 1998 to June 30, 1999 HELD:
Quando aliquid prohibetur ex directo prohibetur et per obliquum. When anything is prohib directly, it is also prohibited indirectly. That no VAT shall be imposed directly upon business establishments operating within the ecozone under RA 7916 also means that no VAT may b You're Reading a Preview passed on and imposed indirectly. Special laws expressly grant preferential tax treatment to business establishments registeredUnlock and operating within ecozone, which by law is full access with a freean trial. considered as a separate customs territory. As such, respondent is exempt from all interna revenue taxes, including the VAT, and regulations Download Withpertaining Free Trial thereto. Thus, the petition is denied and the decision of lower courts affirmed.
6. SAN MIGUEL CORPORATION EMPLOYEES UNION –PHILIPPINE TRANSPORT AND GENERAL WORKERS ORGANIZATION (SMCEU –PTGWO), vs. SAN MIGUE Sign up to vote on DIWA this title NG PACKAGING PRODUCTS EMPLOYEES UNION –PAMBANSANG Useful Not usefulSeptember MANGGAGAWANG PILIPINO (SMPPEU –PDMP) [G.R. No. 171153. 2007.]
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HELD:
Article 234 now includes the term trade union center, but interestingly, the provision indica the procedure for chartering or creating a local or chapter, namely Article 234-A, still make mention of a "trade union center." IDaEHC Also worth emphasizing is that even in the most recent amendment of the implementing rules,54 there was no mention of a trade union center as being among the labor organizati allowed to charter. ISa
Expressio unius est exclusio alterius. Under this maxim of statutory interpretation, the expression of one thing is the exclusion of another. Such is the case here. If its intent were otherwise, the law could have so easily and conveniently included "trade union centers" in identifying the labor organizations allowed to charter a chapter or local. Anything that is no included in the enumeration is excluded therefrom, and a meaning that does not appear no intended or re ected in the very language of the statute cannot be placed therein. 57 The ru restrictive in the sense that it proceeds from the premise that the legislating body would no have made speci c enumerations in a statute if it had the intention not to restrict its meani and con ne its terms to those expressly mentioned.
You're Reading a Preview Expressium facit cessare tacitum. What is expressed puts an end to what is implied. Casus omissus pro omisso habendus est. full A person, object or thing omitted must have been Unlock access with a free trial. omitted intentionally.
Download With Free Trial Confidential employees are defined as those who (1) assist or act i n a confidential capacity, regard (2) to persons who formulate, determine, and effectuate management policies in th field of labor relations.
Article 245 of the Labor Code limits the ineligibility to join, form and assist any labor Sign up to vote on this title organization to managerial employees, jurisprudence has extended this prohibition to Useful Not useful Confidential employees or those who by reason of their positions ornature of work are required to assist or act in a fiduciary manner to managerial employees and, hence, are like privy to sensitive and highly confidential records.
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by Labrador. The latter informed Mapa that the contracts to sell the lots were cancelled, b Mapa invoked Clause 20 of the four contracts. Said clause obligates Labrador to complete t development of the lots, except those requiring the services of a public utility company or t government, within 3 years from the date of the contract. Petitioner contends that P.D. 957 requires Labrador to provide the “facilities, improvements, and infrastructures for the lots, other forms of development” if offered and indicated in the approved subdivision plans. STATCON ISSUE:
W/N Clause 20 of the said contracts include and incorporate P.D. 957 through the doctrine last antecedent, making the cancellation of the contracts of sale incorrect. HELD:
No. Labrador has every right to cancel the contracts of sale, pursuant to Clause 7 of the said contract for the reason of the lapse of five years of default payment from Mapa. P.D. 957 d not apply because it was enacted long after the execution of the contracts involved, and, ot than those provided in Clause 20, no further written commitment was made by the develop The words “which are offered and indicated in the subdivision or condominium plans” refe only to “other forms of development” but also to “facilities, improvements, and You're Reading a Preview infrastructures”. The word “and” is not meant to separate words, but is a conjunction used denote a joinder or a union. Unlock full access with a free trial.
Download With Free 8. [G.R. No. L-14859. March 31, 1962.] KING, vs.Trial HERNAEZ FACTS:
Macario King, a naturalized Filipino citizen Import Meat and Produce "Philippine Cold Stores, Inc.”
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(Anti-Dummy Law )Commonwealth Act No. 108, as amended by Republic Act No.134) which seeks "to punish acts of evasion of the laws of nationalization of certain rights,franch or privileges." Read in connection with the Retail Trade Law, the Anti-Dummy Law would p acts intended to circumvent the provisions of the former lawwhich nationalize the retail business. STATCON ISSUE:
Is the employment of aliens in non-control position in a retail establishment or trade prohib by the Anti-Dummy Law? HELD:
Yes, it is prohibited. Against retail trade law and Anti-dummy law (X)unconsti-right of empl to choose The nationalization of an economic measure when founded on grounds of public policy cannot be branded as unjust, arbitrary or oppressive or contrary to the Constitution
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because its aim is merely to further the material progress and welfare of the citizens of a country. Indeed, in nationalizing employment in retail trade the right of choice of an emplo is not impaired but its sphere is merely limited to the citizens to the exclusion of those of o nationalities. falls within the scope of police power, thru which and by which the State insu its existence and security and the supreme welfare of its citizens WHEREFORE, the decision appealed from is reversed. This preliminary injunction issued by the trial court on Decembe 1958 is hereby lifted. The petition for mandamus is dismissed, with costs against appellees
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9. People vs. Mendoza, G.R. No. 183891, October 19, 2011. FACTS: STATCON ISSUE: HELD:
10. People vs. Santiago, G.R. No. L-17663. May 30, 1962. FACTS:
Petitioner Gregorio Santiago caused the death of a 7year old boy by striking him with an automobile that he was driving. Santiago was prosecuted for the crime of homicide by reck negligence, Santiago does not agree with the courts sentence, questioning the constitution of act no. 2886 amending order no. 58 stating that all prosecutions for public offenses shall in the name of the U.S... Act no. 2886stating that all prosecutions for public offenses shall b the name of the Philippine islands. STATCON ISSUE:
Whether the procedure in criminal matters is incorporated in the constitution of the state? You're Reading a Preview HELD: Unlock full access with a free trial.
NO, procedure in criminal matter is not incorporated in the constitution of thestates, but it Download With Free Trial left in the hand of the legislature, so that it falls within the realm of public statutory law.It i limited to criminal procedure and its intention is to give to its provision theeffect of law in criminal matters.In pursuance of the constitution of the US each state has the authority, un itspolice power rule to define and punish crimes and to lay down the rules of criminalprocedure. The delegation to our government needs no demo, the crimes committ to vote on this title in ourterritory even before sec 2 of general orders no.58Sign wasup amended, were prosecutedan Notfiled useful punish jurisdiction .Act no. 2886 (feb 24 1920) criminal complainant may 10 1920 Useful was silenceof congress regarding those laws amendatory of the said general orders must beconsidered as an act of the approval.
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CTA: denied - petitioner is a resident foreign corp. engaged in trade or business in t Philippines and therefore is NOT liable to pay tax on GPB under the Sec. 28 (A) (3) the 1997 NIRC but cannot be allowed refund because liable for the 32% income tax its sales of passage documents. This is upheld by the CTA and CTA En Banc
STATCON ISSUE:
W/N petitioner is engaged in trade or business in the Philippines is subject to 32% income HELD:
Yes. Since it does not maintain flights to or from the Philippines, it is not taxable under Sec 28(A)(3)(a) of the 1997 NIRC. This much was also found by the CTA. But petitioner further p the view that due to the non-applicability of Sec. 28(A)(3)(a) to it, it is precluded from payin any other income tax for its sale of passage documents in the Philippines. But, Sec. 28 (A)(1 the 1997 NIRC does not exempt all international air carriers from the coverage of Sec. 28 (A of the 1997 NIRC being a general rule. Petitioner, being an international carrier with no flig originating from the Philippines, does not fall under the exception. As such, petitioner mus under the general rule. This principle is embodied in the Latin maxim, exception firmat regu You're Reading a Preview in casibus non exceptis, which means, a thing not being excepted must be regarded as com within the purview of the general rule. Unlock full access with a free trial.
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