Philippine Supreme Court Decisions Digests

PEOPLE OF THE PHILIPPINES vs. FLORENCIO GASACAO G.R. No. 168445, November 11, 2005 Facts Capt. Florencio O. Gasacao was the crewing manager of Great Eastern Shipping Agency, Inc., which company was headed by his nephew. On August 4, 2000 appellant and Jose Gasacao were charged with Large Scale Illegal Recruitment. The appellant was arrested while his nephew remained at large. The lower court found Capt. Gasacao guilty beyond reasonable doubt of large scale illegal recruitment. The Court of Appeals also affirmed the decision. Hence, Capt. Gasacao appealed to the Supreme Court claiming that he can‘t be held liable for illegal recruitment because he was just a mere employee of the manning agency. He also claimed that he was not aware of the law against prohibition on bonds and deposits under section 60 of the Omnibus Rules and Regulations implementing R.A. 8042.    Issue Whether or not the appellant is guilty beyond reasonable doubt of large scale illegal recruitment.  ...

D.M. CONSUNJI, INC. vs. COURT OF APPEALS and MARIA J. JUEGO G.R. No. 137873, April 20, 2010    Facts   Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, to his death. Jose Juego‘s widow then filed a petition for damages in the Regional Trial Court against the deceased employer. The employer raised the defense that Maria Juego already availed of the benefits provided by the State Insurance Fund. Considering the ruling in Pacarra vs. Cebu Autobus Company, an injured worker has a choice of either to recover from the employer the fixed amounts set by the Workmen‘s Compensation Act or to prosecute an ordinary civil action against the tort fees for higher damages but he cannot pursue both actions simultaneously. The Regional Trial Court rendered a decision in favor of the widow Maria Juego. On appeal by D.M. Consunji, the Court of Appeals affirmed the decision of the Regional Trial Court.    Issue Whether or not respo...