Chapter 1 Obligation – it is a tie or bond recognized by law by virtue of which one is bound in favour of another to render something. Juridical necessity – in case of non-compliance‚ the courts of justice may be called upon by the aggrieved party to enforce its fulfilment or‚ in default thereof‚ the economic value that it represents. Civil obligations – are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice. Natural obligations
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al. GR No. L-32245‚ 25 May 1979 FACTS A charge for ULP was filed against Dy Keh beng for discriminatory acts within the meaning of RA 875‚ Section 4(a.1) and 4(a.2) by dismissing Carlos N. Solano and Ricardo Tudla for their union activities. A case was filed in court and Dy Keh Beng contended that he did not know Tudla and that Solano was not his employee because the latter came to the establishment only when there was work which he did on pakiaw basis‚ each piece of work being done under a separate
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Facts: Respondent is a Master Sergeant of the Phil. Air Force and the petitioners‚ Redentor Complate‚ employee of co-petitioner Elpidio Abaiad. Albayda was on his way to the office to report for duty‚ riding a bicycle ‚ the taxi driven by Completo bumped and sideswiped him‚ causing serious physical injuries. The Office of the City Prosecutor issued a resolution as Albayda said in his filling complaint‚ recommending the filing of an information for reckless imprudence resulting physical injuries
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Rick Richards‚ et ux. v. Commissioner Facts: The petitioners‚ Mr. Richards and Mrs. Richards‚ Issues: 1. Whether petitioner (both Mr. Richards and Mrs. Richards) conducted their writing or acting activities with the objective of making a profit within the meaning of §186? 2. Whether petitioners have substantiated the ordinary and necessary business expense of these activities? 3. Whether petitioners are entitled to carry forward a net operating loss from a prior tax year 4. Whether petitioners
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The prosecution witnesses have positively‚ clearly and convincingly identified the accused Romulo Takad as the culprit who took the tricycle‚ in view of the following reasons: First‚ Rule 113‚ Sec. 2 of the RULES OF EVIDENCE‚ categorically states that‚ in a criminal prosecution‚ the accused is entitled to an acquittal‚ unless his guilt is shown beyond reasonable doubt. The Supreme Court held in People v. Sanchez‚ “Sworn statement/affidavits are generally subordinated in importance to open court
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DIGESTED CASES Macalintal vs COMELEC [G.R. No. 157013. July 10‚ 2003] Facts: A petition for certiorari and prohibition filed by Romulo Macalintal‚ a memer of the Philippine Bar‚ seeking a declaration that certain provisions of RA 9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional infirmity. He claimed that he has actual and material legal interest in the subject matter of this case in seeing to it that public funds are properly and lawfully used and appropriated‚ petitioner
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FORMAT OF A CASE DIGEST TITLE: Include the petitioner and respondents of the case and the reference. Sometimes‚ students only include the Volume Number of the Supreme Court Reports Annotated (SCRA)/Philippine Reports (Phil) and the first page where the case appeared or written. Others only include the Gazette Record Number together with the Date of the case. Still‚ others include both. Others even add theponente or the justice that penned the case. FACTS: There is no need to include all the
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Akamai Case Digest 1. Why did Akamai charge content providers and subsidize ISPs? Akamai Technology operated the content delivery network. Its first service‚ FreeFlow‚ facilitated the delivery of bandwidth-intensive page elements. A content provider could tag the object that it wanted to serve over the Akamai network. After tagging‚ websites could be over 10 times faster and be protected against sudden traffic bursts. FreeFlow could reduce the content providers’ payments to ISPs for bandwidth
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Pearsall v. Alexander This case involves a consideration which is the inducement to make a contract enforceable. Pearsall and Alexander had an agreement to share to proceeds. But when Alexander had a $20‚000 winning ticket‚ he refused to give Pearsall anything‚ which led Pearsall to sue Alexander for a breach of an agreement. Court ruled in favor of Pearsall‚ and Alexander must share the winnings enforced by valid agreement. I think Court was right on the decision based on a fact that they always
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solidarily liable with CFTI. YES. HELD: Under the Corporation Code‚ Naguait is liable bec: (1) he actively managed the business; (2) there was evidence that CFTI obtained reasonably adequate insurance; and (3) there was a corporate tort in this case. Our jurisprudence is wanting to the definite scope of “corporate tort.” Essentially‚ “tort” consists in the violation of a right given or the omission of a duty imposed by law. Simply stated‚ it is a breach of legal duty. PHILIPPINE NATIONAL
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