S Lawyer S: Statutory Construction vs Judicial Legislation

To declare what the law shall be is a legislative power, but to declare what the law is or has been, is judicial. However, the court "do and must legislate" to fill in the gaps in the law. The Court decided to go beyond merely ruling on the facts of the existing law and jurisprudence. (Floresca v. Philex Mining; Republic v. CA and Molina) 1.

Philex Mining Corporation v CIR (1998) - Blogger

Jun 13, 2015· Philex Mining Corporation v CIR GR No 125704, August 28, 1998 FACTS: BIR sent a letter to Philex asking it to settle its tax liabilities amounting to P124 million. Philex protested the demand for payment stating that it has pending claims for VAT input credit/refund amounting to P120 million.

(DOC) Case digest, civil law, persons | Dennie Vieve D ...

Case digest, civil law, persons. Dennie Vieve D Idea. ... C.C] Floresca v. Philex Mining Corp., G.R. No. 30642, April 30, 1985 Facts: Petitioners are the heirs of the deceased employees of Philex Mining Corporation who, while working at its copper mines underground operations at Tuba, Benguet on June 28, 1967, died as a result of the cave-in ...

THE LAW AT YOUR FINGERTIPS - pinoyexchange.com

Floresca v. Philex Mining Corp. L-30642 (136 SCRA 141) Abella v. COMELEC GR 100710 (201 SCRA 253) ... Anyone has a case digest of Sin vs Sin (May 26, 2001) pwede pakipost dito? Thanks a lot! 0. PUGSLEY Banned by Admin PExer. October 2002. Originally posted by mindstate October 13, 2002

Law School Notes and Digests: Ebarle v. Sucaldito G.R. No ...

Nov 10, 2013· Law School Notes and Digests Sunday, November 10, 2013. Ebarle v. Sucaldito G.R. No. L-33628. December 29, 1987 Facts: Ebarle, the petitioner, was then provincial governor of Zamboanga and a candidate for re-election in 1971 local elections. The Anti-Graft League of the Philippines filed complaints with the city fiscal against the petitioner ...

CASE DIGEST (Commercial Law): CHINA BANKING CORP vs. …

May 16, 2010· G.R. No. L-34964 January 31, 1973 Facts: Petitioner refuses to comply with a court process garnishing the bank deposit of a judgment debtor by invoking the provisions of Republic Act No. 1405 (Secrecy of Bank Deposits Act) which allegedly prohibits the disclosure of …

Memoirs of the Colony: Digested Cases in Taxation Law

Digested Cases in Taxation Law CIR v. PINEDA GR No. L-22734, September 15, 1967 ... Petitioner Philex Mining Corp. assails the decision of the Court of Appeals affirming the Court of Tax Appeals decision ordering it to pay the amount of P110.7 M as excise tax liability for the period from the 2nd quarter of 1991 to the 2nd quarter of 1992 plus ...

Firestone Tire and Rubber Company of the Philippines ...

Sep 06, 2013· Carlos Lariosa, worked in Firestone Tire and Rubber Company for 11 years as a tire builder. On July 27, 1983, on his way out the company premises, he …

Philippine Case Digests Databank: Tañada vs. Tuvera 136 ...

Mar 31, 2010· The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition. ISSUE: Whether or not publication in the Official Gazette is required before any law or statute becomes valid and enforceable.

People vs. Purisima (Statutory Construction) | (the future ...

Jul 11, 2012· People vs. Purisima (Statutory Construction) Facts: These twenty-six (26) Petitions for Review filed by the People of the Philippines represented, respectively, by the Office of the City Fiscal of Manila, the Office of the Provincial Fiscal of Samar, and joined by the Solicitor General, are consolidated in this one Decision as they involve one ...

Philex Mining vs Cif Gr 148187 - Documents - docgo.net

Jul 25, 2017· G.R. No. 148187 April 16, 2008 PHILEX MINING CORPORATION, petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, respondent. FACTS: On April 16, 1971, the petitioner (Philex mining Corporation) entered into an agreement with Baguio Gold Mining Company, where it was all stated in their contract in which Philex Mining agreed to manage the mining operations of Baguio Gold Mining …

G.R. No. 115104 Macawiwili Gold Mining and Dev. Co., et al ...

G.R. No. 115104 Macawiwili Gold Mining and Dev. Co., et al v. Court of Appeals CASE DIGEST August 23, 2017 ... The Supreme Court recognized the possessory right of Macawiwili and Omico over mining claims in Benguet as against Philex Mining Corp. On the surface of these mining claims,Philex owned improvements consisting of roads, facilities, and ...

G.R. No. 163212 - Candano Shipping Lines, Inc. v ...

In the case of Floresca v. Philex Mining Company, 18 we declared that the employees may invoke either the Workmen's Compensation Act or the provisions of the Civil Code, subject to the consequence that the choice of one remedy will exclude the other and that the acceptance of the compensation under the remedy chosen will exclude the other remedy.

Statutory Construction - Case Digests.pdf - DocShare.tips

Floresca et.al are the heirs of the deceased employees of Philex Mining Corporation, who, while at its copper mines underground operations at Tuba, Benguet on June 28,1967, died as a result of the cave-in that buried them in the tunnels of mine. Specifically the complaint alleges that Philex Mining Corp, in violation of the government

PHILEX MINING CORPORATION v. LUZ M. ZALDIVIA

Petition to review and set aside the decision of the Secretary of Agriculture and Natural Resources, upholding, on appeal, the Director of Mines as being without jurisdiction to adjudicate an adverse claim filed by herein petitioner Philex Mining Corporation against the lode lease application recorded in the name of herein private respondent Luz M. Zaldivia to a mining claim, known as "George ...

(DOC) Digested Case Stat Con | Ecca Ignacio - Academia.edu

Digested Case Stat Con. Ecca Ignacio. Download with Google Download with Facebook or download with email

Estrada v Sandiganbayan G.R. No. 148560. November 19, 2001 ...

Digests Cases Opinions Estrada v Sandiganbayan G.R. No. 148560. November 19, 2001. 7/13/2010 0 Comments Facts: Petitioner Joseph Ejercito Estrada, the highest-ranking official to be prosecuted under RA 7080 (An Act Defining and Penalizing the Crime of Plunder), 1 as amended by RA 7659, 2 wishes to impress upon us that the assailed law is so ...

digest philex vs cir.docx - Philex Mining Corporation vs ...

Philex Mining Corporation vs. CIR [G.R. No. 148187 (April 16, 2008)] Post under case digests, Civil Law at Tuesday, February 21, 2012 Posted by Schizophrenic Mind Facts: Petitioner Philex entered into an agreement with Baguio Gold Mining Corporation for the former to manage the latter's mining claim know as the Sto. Mine. The parties' agreement was denominated as "Power of Attorney".

Republic vs CA and Molina (G.R. No. 108763) | Law School ...

Aug 18, 2011· Republic vs CA and Molina (G.R. No. 108763) Posted: August 18, 2011 in Case Digests ... that the intendment of the law has been to confine the meaning of 'psychological incapacity' to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage ...

Case Digest: People v Mapa - Blogger

On or about August 13, 1962, Mario Mapa was apprehended due to possession of an unlicensed firearm. The defendant admitted before the trial court that he was carrying the unlicensed firearm and that he does not have a permit to carry such a weapon.

Case Digest: Floresca vs. Philex Mining Corporation | Over ...

Floresca vs. Philex Mining Corporation FACTS: Several miners, who, while working at the copper mines underground operations at Tuba, Benguet on June 28, 1967, died as a result of the cave-in that buried them in the tunnels of the mine.

G.R. No. L-30642 - PERFECTO S. FLORESCA, ET AL. vs ...

Said Pacana case penned by Mr. Justice Teehankee, applied Article 1711 of the Civil Code as against the Workmen's Compensation Act, reiterating the 1969 ruling in the case of Valencia vs. Manila Yacht Club (28 SCRA 724, June 30,1969) and the 1958 case of Esguerra vs. Munoz Palma (104 Phil. 582), both penned by Justice J.B.L. Reyes.

Compiled case digest in persons and family relation civil ...

Compiled case digest in persons and family relation civil code, family code; ... EQUITY IN THE APPLICATION OF LAW FLORESCA vs. PHILEX MINING CORP. G.R. No. L-30642 Facts: April 30, 1985 Floresca et al are the heirs of the deceased employees of Philex Mining Corporation (hereinafter referred to as Philex), who, while working at its copper mines ...

People vs Jabinal | Supreme Courts (3.1K views)

National Marketing Corporation v Tecson.case Digest. Case Digest on Bellis vs Bellis. CASE DIGEST - Endencia vs. David. Marcos v Marcos DIGEST. Ebarle vs Sucaldito. Perfercto Floresca vs Philex Mining Corporation. 10 Case Digests for Persons & Family Relations. Case Digest Tanada v Tuvera. Republic v. Lacap, Digested ... People vs. Jabinal ...

Case Digest: Floresca vs. Philex Mining Corporation - Blogger

Floresca vs. Philex Mining Corporation FACTS: Several miners, who, while working at the copper mines underground operations at Tuba, Benguet on June 28, 1967, died as a result of the cave-in that buried them in the tunnels of the mine.

Tanada vs - Angelfire

Floresca Mining vs. Philex Mining See Statcon book . Song Kiat Chocolate vs. Central Bank Song Kiat imported cocoa beans, and they said they should be exempt from import tax, since the law exempts from tax "chocolate", and cocoa beans = chocolate.

philex mining corporation in baguio - highlandersfc.co.za

Philex Mining Corporation vs. CIR [G.R. No. 148187 (April 16, 2008)] Post under case digests, Civil Law at Tuesday, February 21, 2012 Posted by Schizophrenic Mind Facts Petitioner Philex entered into an agreement with Baguio Gold Mining Corporation for the former to manage the latters mining claim know as the Sto. Mine.

Philex mining corporation gr no l 30642 floresca vs

Case Digest: Floresca vs. Philex Mining Corporation G.R. No. L-30642 (April 30, 1985) Floresca vs. Philex Mining Corporation FACTS: Several miners, who, while working at its copper mines underground operations at Tuba, Benguet on June 28, 1967, died as a result of the cave-in that buried them in the tunnels of the mine. The heirs of the deceased claimed their benefits pursuant to the Workmen ...