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Case digest: Floresca vs Philex mining corp.GR No.L-30642 Facts:on 28 june 1967, 197 miners died in a cave in copper mines at tuba,benguet.the heirs of the deceased claimed their benefits through worrkmens compesation act.but sued philex gor additional civil damages on the regular court. For the failure of philex mining to take necessary protective measures on the lives of of its employees workin underground. PHILEX contends that the heirs of the deceased could no longer claim for additional damages because they already settled under the workmens compesation act. Issue: Whethr or not the heirs of the deceased have the right to avail of additional civil damages in regular court. Even though they were already compensated through the workman compensation act. Held: the court ruled that although the petitioners had already recieved paymens from workmens compensation act,this should not prevent them from taking civil action for damages in regular court.however,the payments made under workmens compensation act should be deducted from the damages that may be granted to them.
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Case digest: people v nazario Facts: Eusebio Nazario was charged in violation of refusal and pay his municipal taxes amounting to 362.62 pesos for years 1964,1965,and 1966.for operating a fishpond located in pagbilao quezon subject to the province ordinance #4.Nazario did not payed the taxes bacause he is not sure that he is covered by the ordinance because he is in partnership with the phili.fisheries commission. Issue:whether or not ordinance 4 series of 1955 as amended nll and void for being ambigous and uncertain. Whether or not the ordinance was unconstitutional for being ex post facto. Held: 1.no,the coverage of the ordinance him as actual operator of the fishpond thus comes the term manager.he was the one who spent in developing and maintaining the said aquaculture business despite being a lessee to the said property and in partnership with the government he solely claim the profit of the said business.the said dates due for payment were clearly stated in the ordinance:"begining and taking effect from 1964",and the fishpond opertion started on 1964. 2.no, it is not ex post facto.ordinance 4 was enacted in 1955 so it cant be that the ammendment under ordinance 12 is being applied retroactively.and the act o non payment was already punishable since 1955 it means ordinance 12 is not imposing a retroactive penalty.
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Onwards the journey of a childhood dream
I am hoping that after i finish my juris doctor degree and pass the bar. I could have a lateral entry for officers at BJMP and be able to initiate reforms in addressing jail decongestion,and inmates at personnel welfare.Furthermore, I could pursue a masteral studis in the legal profession and join the academic community, while on the side prcting my profession as a trial lawyer at public attorneys office. Eventually, the training in digesting cases and voluminous reading will enhance my comprehension and reading skills;necessary to be an effective prcting lawyer in the future. Lawyers should have superb skills in comminicating with different people in all sectors of society.Additionaly, lawyers should be optimist,morally competent,patient and god fearing. Being competent morally and optimistic is a great advantage, arsenal of virtues for aspiring persons entering the legal profession.This perspective and experiences will enrich the younger generation to dream and pursue the novel legal profession.Moreover, legal profession will be enhanced b bridging the gap between the poor sectors of the society and the courts. As it will emphasize a dictum af an inspirational leader,that:"those who have less in life,should have more in law." As the revered philosopher of education and author of the pedgogy of the opppressed, Paulo Preire own famous words: "Take side with the oppress and to those who supper at fight at their side."
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