tag:blogger.com,1999:blog-55230950449027457132024-02-20T23:47:29.084-08:00Philippine Law & Case Notes and Bar Exam Aid"Live beyond the letter of the law to fully exemplify the spirit of the law." (Gerber, Armstrong & Fisch)baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comBlogger158125tag:blogger.com,1999:blog-5523095044902745713.post-80973623483132073812023-03-18T22:04:00.005-07:002023-03-18T22:04:31.977-07:00Supreme Court Upholds Tenant Rights: The Cetus Development, Inc. vs. Court of Appeals CaseExplore the landmark case of Cetus Development, Inc. vs. Limcaoco, where the Supreme Court of the Philippines protected tenant rights by ruling that a landlord cannot file an ejectment suit without a proper cause of action and demand for payment. Gain insights into the legal doctrines and implications of this decision on tenant-landlord relationships.FACTS: Private respondents were lessees of baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-43475845523632775462023-03-18T00:03:00.003-07:002023-03-18T00:03:38.080-07:00Demystifying the Pro-Reo Doctrine: Understanding Its Role in Legal Defense and Fair TrialsExplore the concept of the Pro-Reo Doctrine in law, how it ensures fair trials and balances the scales of justice, and its significance in the legal system.The legal system can be a complex and challenging landscape to navigate, especially for those facing criminal charges. One key principle that plays a crucial role in ensuring fair trials and maintaining the balance of justice is the Pro-Reo baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-46009038470985367622023-03-17T23:59:00.002-07:002023-03-17T23:59:20.669-07:00Exploring the Anti-Rape Law of 1997 - Unraveling Its Impact and SignificanceLearn about the Anti-Rape Law of 1997 in the Philippines, its amendments, impact, and the significance it holds for the country's fight against sexual violence.The Philippines has a rich legal history, with numerous laws addressing various social issues. One of the most significant and popular laws in the country is the Anti-Rape Law of 1997 (Republic Act No. 8353). In this blog post, we will baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-59586991532378912192023-03-11T00:31:00.002-08:002023-03-11T00:32:25.861-08:00Understanding the Last Clear Chance Doctrine in Personal Injury Cases in the PhilippinesPersonal injury law in the Philippines is designed to protect individuals who have been injured or harmed as a result of someone else's negligence, recklessness, or intentional wrongdoing. If you or someone you love has been injured in an accident, it is essential to understand your legal rights and options for seeking compensation.What is Personal Injury Law?Personal injury law, also known as baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-70186422746518430212023-03-11T00:14:00.002-08:002023-03-11T00:14:26.010-08:00The Anti-Terrorism Act in the Philippines: Human Rights Concerns and State AbusesThe Anti-Terrorism Act of 2020 has been a highly controversial law in the Philippines since its approval in July of that year. The law is aimed at preventing and countering terrorism, but critics have raised concerns about its potential impact on human rights and civil liberties. In this blog post, we will explore the latest legal development in Philippine law regarding the Anti-Terrorism Act of baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-37927378510223582412023-03-10T21:33:00.006-08:002023-03-10T22:08:25.479-08:00Supreme Court emphasizes right to speedy disposition of cases in criminal proceedings involving government officialsG.R. No. 239878, February 28, 2022 | People vs Sandiganbayan, Casurra et al.This is a petition for certiorari in a criminal case for the violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act against local government officials in Surigao City. The respondents, who are government officials, allegedly entered into a contract with a private individual without baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-74493251291887750122023-03-09T04:33:00.003-08:002023-03-09T04:39:33.735-08:00Tan-Andal Ruling: Supreme Court abandons the need for medical or clinical diagnosis in proving psychological incapacity in nullity of marriageThe Philippine Supreme Court in the case of Rosanna L. Tan-Andal vs. Mario Victor M. Andal (G.R. 196359, May 11, 2021) has ruled to abandon the requirement for a medical or clinical diagnosis to prove psychological incapacity in a marriage. Rosanna L. Tan filed a case against her husband, Mario Victor M. Andal, for his alleged psychological incapacity, which she claims has rendered him unable to baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-23704704399435601432017-04-12T20:27:00.003-07:002017-04-12T20:27:47.504-07:00Can a foreigner be the chairman of the board of a corporation?For as long as the corporation is not engaged in any nationalized or
partly nationalized activity, a foreigner may serve as president or
chairman of the board of a corporation.However, if the purpose
of the corporation as stated in its Article of Incorporation does not
exclude ownership of land and the corporation eventually owns a land,
then a foreigner cannot be chairman of its board. Thatbaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-17980034562659205612017-02-18T21:48:00.001-08:002017-02-18T21:48:23.022-08:00Sic utere tuo ut alienum non laedasSic utere tuo ut alienum non laedas. No one should make evil use of his own property.
The principle states that one has free use of his property so long as such use does not injure another. It is the foundation of every state control and regulation on use of property such as zoning laws and limitations on mining.
Although the principles is largely used as an exercise of the police power baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-88527873300188902322017-02-18T06:19:00.000-08:002017-02-18T06:19:18.876-08:00Execution pending appealNormally, execution may only be allowed when the case has become final and executory. But a party may move for execution pending appeal, even before final judgment, under the following circumstances laid down by Section 2, Rule 39 of the Revised Rules of Court:
a. by motion by the prevailing party with notice to the adverse party;
b. with good reasons for issuing execution; and
c. that the baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-76670792003124417542017-02-09T20:20:00.000-08:002017-02-09T20:20:21.706-08:00Parties in interest in the enforcement of a contractIs a plaintiff in a case for enforcement of contract which was for the benefit of another a real party in interest in that case?Plaintiff is not affected by defendant's alleged intrusion on the right of way which was the subject of a condition in their deed of sale. They must show that they stand to be injured or benefitted by the outcome of the case. Can the Deed of Absolute Sale be a source of baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-22795084284985912242017-02-08T06:43:00.000-08:002017-02-08T06:43:31.466-08:00Plunder is malum in seThere may be mala in se crimes under special laws, such as plunder under R.A. No. 7080, as amended. That plunder is a heinous offense implies that is it malum in se, inherently immoral or inherently wrong.
In Dungo vs. People (G.R. No. 209464, July 1, 2015) the Supreme Court said that the better approach to distinguish between mala in se and mala prohibita crimes is the determination of the baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-53828252370682080062017-02-07T11:02:00.003-08:002017-02-08T06:43:52.274-08:00Mens reaIn criminal law, mens rea means the gravamen of the offense. It is derived from the latin maxim Actus non facit reum, nisi mens sit rea, which means that "evil intent must unite with an unlawful act for a crime to exist." There can be no crime when the criminal mind is wanting.
In Ombudsman vs. Torres (G.R. No. 168309, January 29, 2008), the Supreme Court reiterated the rule laid down in Lecarozbaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-47176536105707038862017-02-05T09:03:00.002-08:002017-02-05T09:03:36.658-08:00Stealing a credit card and using the sameIf a person steals a credit card and uses the same to obtain services, he is liable of the following:
1.) Theft of the credit card (Art. 308, Revised Penal Code);
2.) Violation of R.A. 8484 (Access Devices Regulation Act of 1998); and
3.) Estafa (Art. 315, Revised Penal Code).
In Francisco vs. People (G.R. No. 177720, February 18, 2009), the Supreme Court held that the third element of estafa baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-80159762485372438412017-02-04T17:50:00.000-08:002017-02-04T17:52:30.025-08:00Imposing sales taxes on manufacturing firmsCan local government units (LGUs) impose two taxes, one on manufacturing and one on selling?
This was the question answered in the case of Iloilo Bottlers vs. City of Iloilo (164 SCRA 607), and the answer is yes. The business of manufacturing carries with it the business of selling, except when there are warehouses where separate selling is done.
Says the Supreme Court:
"The right to baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-42728702547254493172017-02-03T19:25:00.003-08:002017-02-03T19:25:49.245-08:00Test of Insurable InterestThe test of insurable interest in the life and health of a person in life insurance is whether or not the person is interested in the preservation of the insured life despite the insurance.
Section 17 of the Insurance Code provides: "The measure of an insurable interest in property is the extent to which the insured might be damnified by loss of injury thereof."
In Sps. Cha vs. Court of Appealsbaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-55546853640600850582017-02-02T09:08:00.000-08:002017-02-02T09:10:00.456-08:00Requisites of a class suitA class suit is an action where one or more may sue for the benefit of all. However, there are requisites that must be complied with for one to be able to file a class suit, and this will have to depend on the attendant facts, not the designation in the pleadings as a class suit.
The requisites are: (CRIS)
1.) subject matter must be of Common or general interest to many persons;
2.)baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-30825916118389881142017-01-31T06:12:00.002-08:002017-01-31T06:17:12.324-08:00Dismissal of employee for just cause but without proper noticeTo dismiss an employee, the law requires not only the existence of a just and valid cause but also enjoins the employer to give the employee the opportunity to be heard and to defend himself.
To dismiss an employee because of abandonment, the following requisites must concur to constitute abandonment: (1) failure to report for work or absence without valid reasons; AND (2) a clear intention to baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-20481196076020140362017-01-30T09:00:00.000-08:002017-01-30T09:00:16.139-08:00Notes on the Katarungang Pambarangay LawLupon proceedings under the Local Government Code are not judicial proceedings. There is no such thing as a barangay court.
In the lupon, only mediation and conciliation are done. The lupon does not have inherent adjudicatory powers. Any adjudicatory power must be agreed upon by the parties in writing. In other words, a barangay lupon may exercise adjudicatory powers only if the parties agree sobaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-39583369499594567162017-01-29T06:32:00.000-08:002017-01-29T06:33:45.305-08:00Right of action and cause of actionThe elements of a cause of action are:
1.) a Right (in favor of the plaintiff)
2.) an Obligation (of the defendant to respect such right)
3.) Violation of this right (by the defendant)
A cause of action is substantive in character, while a right of action is procedural in character. There can be no right of action without a cause of action first being established.
But the existence of a causebaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-82648469932639133912017-01-27T22:47:00.001-08:002017-01-29T06:34:28.895-08:00Is a seaman entitled to overtime pay?A seafarer, or what is commonly known in the Philippines as seaman, is generally not entitled to overtime pay merely on the basis of rendering service during the whole time he is confined in the vessel at sea.
The nature of the job of a seaman is such that he is required to be in the vessel at sea where his services, while following a shifting schedule, may be required at various times during baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-46720586947546823092017-01-25T04:40:00.001-08:002017-01-29T06:35:35.890-08:00Is an unnotarized contract of sale of land effective between the seller and buyer?A contract of sale involving real property is perfected the moment all the elements of a contract of sale are present -- even if said contract is reduced only in a private instrument or in layman's terms, an unnotarized document.
The Supreme Court in Tapec vs. Court of Appeals (G.R. No. 111952, October 26, 1994) explained in this, to wit:
"Article 1358 does not invalidate the acts or contractsbaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-22446214603003265332016-04-22T00:14:00.003-07:002016-04-22T00:16:14.151-07:00Bar exam results out first week of May 2016The Supreme Court is expected to hold an en banc session on May 3 which usually precedes the announcement of the results of the Bar exams.
According to a report by Inquirer.net, the results of the November 2015 exams may be released in less than two weeks or more particularly on May 3.
Last year's bar exams had over 6,600 examinees and was held at the University of Sto. Tomas in four Sundays ofbaropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-59265110170294805882015-11-27T21:54:00.000-08:002015-11-27T21:54:07.876-08:0030-day Notice Rule in Temporary LayoffArticle 283 of the Labor Code of the Philippines considers the layoff of employees valid if the following requisites are met: (1) necessity of the retrenchment to prevent losses, and proof of such losses; (2) written notice to the employees and to the Department of Labor and Employment (DOLE) at least one (1) month prior to the intended date of retrenchment; and (3) payment of separation pay baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.comtag:blogger.com,1999:blog-5523095044902745713.post-16131130645694359872015-11-06T05:32:00.000-08:002015-11-06T05:32:17.007-08:00Issuance of Bouncing Check as EstafaWhen is issuance of a bouncing check also considered Estafa? Can a person be held liable for violation of Batas Pambansa Blg. 22 (BP 22), and separately also be held liable for the crime of estafa under Article 315 (2-D) of the Revised Penal Code for the issuance of the same bouncing checks?These questions have been answered by the Supreme Court in the case of Nierras vs. Hon. Dacuycuy [G.R. Nos.baropshttp://www.blogger.com/profile/03781872386726509692noreply@blogger.com