III. LITERAL CONSTRUCTION 1. When should Statutes be Literally Construed? a. Salvatierra vs CA [G.R. No. 107797. August 26‚ 1996] PURITA SALVATIERRA‚ ELENITA SALVATIERRA NUNEZ‚ ANSELMO SALVATIERRA‚ JR.‚ EMELITA SALVATIERRA‚ and ROMEL SALVATIERRA‚ petitioners‚ vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO‚ respondents. D E C I S I O N HERMOSISIMA‚ JR.‚ J.: The intricate yet timeworn issue of prescription has come to the fore in this case
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ESTAFA G.R. No. 162059 January 22‚ 2008 HANNAH EUNICE D. SERANA‚ petitioner‚ vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES‚ respondents. D E C I S I O N REYES‚ R.T.‚ J.: CAN the Sandiganbayan try a government scholaran** accused‚ along with her brother‚ of swindling government funds? MAAARI bang litisin ng Sandiganbayan ang isang iskolar ng bayan‚ at ang kanyang kapatid‚ na kapwa pinararatangan ng estafa ng pera ng bayan? The jurisdictional question is posed in this petition for
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access to and competency of justice‚ and legal procedures. While many of these issues could be analyzed further‚ this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law.3 This paper will also use examples and case studies from the United States to illustrate important legal points‚ since the U.S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique
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Page 1 ICLR: Chancery Division/1949/CANNON v. HARTLEY. - [1949] Ch. 213 [1949] Ch. 213 [CHANCERY DIVISION] CANNON v. HARTLEY. 1948 Nov. 19‚ 22. ROMRE J. Settlement - Deed of separation - Covenant to settle after-acquired property - Breach of covenant Volunteer’s right to claim for damages. A volunteer who is a party to a deed and a direct covenantee thereunder is entitled to damages for breach of a covenant contained in the deed. By a deed of separation made on January 23‚ 1941‚ between the defendant
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Parties or Things. (2003). Retrieved from the National Paralegal College from: http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/Jurisdiction/IntroJurisdiction.asp Drobak. (2002). Personal Jurisdiction. Civil Procedure Outline. (p.1)
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The case follows the work history of Bradley Ennis‚ from his recruitment to his termination. We are given the details of his employment‚ work performance and what led to his termination. Mr. Ennis was a nurse in the trauma unit of All Saints Hospital. When he was hired he met the minimum required standards for continued employment‚ included the Trauma Specialist certification‚ which he maintained throughout his time of employment. Due to the sudden death of his 5 year old daughter at the same hospital
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cosmetic dentistry procedures. What is cosmetic dentistry? Cosmetic dentistry or aesthetic dentistry refers to dental procedures which are focused on improving the aesthetic appeal of your teeth. Some people even seek cosmetic dentistry to improve the effects of unhealthy habits‚ poor food diets and natural aging of their teeth. Types of cosmetic procedures From fillings to implants‚ there are many cosmetic options that can improve or offer a new smile. In fact‚ some procedures are combined to provide
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Interest An interest may be defined as “the object of any human desire and the object of such desire must be distinguished from the thing in respect of which the desire is entertained” The notion of juridical interest links the substantive with the procedure in civil law‚ where the individual goes on with a civil action because he has a right and interest to institute the case and hopefully obtain a favourable result. Moreover‚ juridical interest forms part of the “presupposti processuali” that is a
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the freight to disembark from the truck while in transit. 11. It was the duty of the Defendant to ensure safe and proper loading‚ securing and inspection of cargo prior to transit. Defendant breached that duty of due care by failing to use proper procedures and failed to ensure safe conditions for the shipment of their
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Under the rule of joinder‚ where a plaintiff has two or more entirely separate claims emanating from separate transactions‚ he can sue on them in one action. CPLR section 4102(c) provides that a party has not waived his right to a trial by jury by joining a legal claim with another claim not triable by jury which arose out of a separate transaction. Thus‚ a plaintiff is entitled to a jury trial on its legal claims for relief when its equitable claims for relief arise out of an entirely separate
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