Saturday, March 19, 2016

Ley April Louise S. Villanueva LLB - III, report 2016



Ley April Louise S. Villanueva
LLB - III
Valerio E. Kalaw vs  Ma. Elena Fernandez (G.R. No. 166357, January 14, 2015)
Facts:
Valerio Kalaw (Tyrone) and Ma. Elena Fernandez (Malyn) met in 1973 and eventually married in Hong Kong on November 4 1976. They had four children, Valerio (Rio), Maria Eva (Ria), Ramon Miguel (Miggy or Mickey), and Jaime Teodoro (Jay).
Shortly after the birth of their youngest son, Tyrone had an extramarital affair with Jocelyn Quejano (Jocelyn), who gave birth to a son in March 1983. In may 1985, Malyn left the conjugal home. In 1990, Tyrone went to the United States (US) with Jocelyn and their children. He left his four children from his marriage with Malyn in a rented house in Valle Verde with only a house help and a driver.[8] The house help would just call Malyn to take care of the children whenever any of them got sick. Also, in accordance with their custody agreement, the children stayed with Malyn on weekends. On July 6, 1994 Tyrone filed a petition for declaration of nullity of marriage based on Article 36 of the Family Code. He claims that Malyn is psychologically incapable, that she is irresponsible and immatureas a wife and a mother to their children. Which is shown in the following acts: 1. she left the children without proper care and attention as she played mahjong all day and all night; 2. she left the house to party with male friends and returned in the early hours of the following day; 3. she committed adultery on June 9, 1985, which act Tyrone discovered in flagrante delicto.

Issue

Whether or not Tyrone sufficiently proved that respondent suffers from psychological incapacity.

Ruling

Psychological incapacity is the downright incapacity or inability to take cognizance of and to assume the basic marital obligations. The burden of proof in psychological incapacity lies in the party alleging it. He must prove that incapacitated party, based on his or her actions or behavior, suffers a serious psychological disorder that completely disables him or her from understanding and discharging the essential obligations of the marital state. The psychological problem must be grave, must have existed at the time of marriage, and must be incurable. Tyrone failed to prove that his wife suffers from psychological incapacity. His allegations which served as premises for the conclusion of the expert witness was both refuted and unproven. A fair assessment of the facts would show that Malyn was not totally remiss an incapable of appreciating and performing her marital and parental duties. Not once did the children state that they were neglected by their mother. There was no testimony whatsoever that shows abandonment and neglect of familial duties.  What transpired between the parties as acrimony and, perhaps, infidelity, which may have constrained them from dedicating the best of themselves to each other and their children. There may be grounds for legal separation, but certainly not psychological incapacity that voids marriage.

Manila Electric Company, Alexander S. Deyto and Ruben A. Sapitula vs Rasario Gopez Lim ( October 5, 2010, G.R. No. 184769)


Facts:

An anonymous letter was posted at the door of the Metering Office of the Administration building of Manila Electric Company (MERALCO). Involving Rosario G. Lim also known as Cherry Lim (Cherry) an administrative clerk at MERALCO the letter reads :

MATAPOS MONG LAMUNIN LAHAT NG BIYAYA NG MERALCO, NGAYON NAMAN AY GUSTO MONG PALAMON ANG BUONG KUMPANYA SA MGA BUWAYA NG GOBYERNO. KAPAL NG MUKHA MO, LUMAYAS KA RITO, WALANG UTANG NA LOOB.

As a precautionary measure the MERALCO`s Human Resource ordered issued a memorandum directing her transfer to MERALCO`s Alabang Sector in Muntinlupa.  Cherry appealed her transfer claiming that her transfer amounted to denial of due process. With no response for her request, Cherry filed for the issuance of a writ of habeas data alleging that the continued failure to provide her with the details or information constitutes a violation of her right to privacy in life, liberty, and security correctible by habeas data.

Issue:

Whether or not an employee may invoke the remedies provided by the writ of habeas data in a labor related dispute.

Ruling                                                                               

The habeas data rule, in general, is designed to protect by means of judicial complaint the image, privacy, honor, information, and freedom of information of an individual. It is meant to provide a forum to enforce ones right to the truth and to informational privacy, thus safeguarding the constitutional guarantees of a persons right to life, liberty and security against abuse in this age of information technology.  The Writs of Amparo and Habeas Data will NOT issue to protect purely property or commercial concerns nor when the grounds invoked in support of the petitions therefore are vague or doubtful. Employment constitutes a property right under the context of the due process clause of the Constitution.] It is evident that respondents reservations on the real reasons for her transfer - a legitimate concern respecting the terms and conditions of ones employment - are what prompted her to adopt the extraordinary remedy of habeas data. Jurisdiction over such concerns is inarguably lodged by law with the NLRC and the Labor Arbiters.

           

           

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