The legal profession is one of the noblest in the world. It is indeed one of the pillars of the modern world. Without lawyers, we may not have a comprehensive system of international laws, interstate relations, civil rights, labor rights, commerce, law enforcement, and other important aspects of the […]
Yearly Archives: 2013
110 posts
The Philippines was once under the colonial rule of the United States by virtue of the Commonwealth. After the Commonwealth, the Philippines was on its own but the American influence lived on. In the legal system, American influence is evident on how American jurisprudence has helped enrich the Philippine […]
The Miranda Doctrine or the Miranda Warning or the Miranda Rights provides that: 1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the right to remain silent and that anything he says can and will be used against him […]
B.M. No. 1678 – 565 Phil. 165 – 540 SCRA 424 – Legal Ethics – Practice of Law – Practice of Law is Reserved for Filipinos In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take advantage of Canada’s free medical […]
Law school requires a hell lot of time and effort. As much as possible, once enrolled, one should devote all his or her time in studying law. But not all of us were blessed enough to have folks who can afford to send us to law school. I am […]
G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino […]
G.R. No. 157013 – 453 Phil. 586 – Political Law – Election Laws – Absentee Voters Act – Proclamation of Winners in a National Elections Romulo Macalintal, as a lawyer and a taxpayer, questions the validity of the Overseas Absentee Voting Act of 2003 (R.A. 9189). He questions the […]
A nuisance candidate is defined as follows: 1. One who files his candidacy to put the election process in mockery or disrepute 2. One who causes confusion amont the voters by the similarity of the names of the registered candidates 3. one who, based on demonstrable circumstances or acts, […]
G.R. No. 91478 – 271 Phil. 751 – 193 SCRA 717 – Mercantile Law – Corporation Law – Board resolutions may be questioned by third persons – Board Meetings – Quorum – Sale of Corporate Properties In 1962, the Pampanga Bus Company (PAMBUSCO) took out a loan from the […]
G.R. No. L-30159 – 233 Phil. 26 – Taxation Law – Local Taxation – Taxes Levied By a Province – Sand and Gravel Fee In 1968, the Municipality of San Fernando, La Union, undertook road constructions. It sent its trucks to the nearby Municipality of Luna, La Union, to […]
G.R. No. 110263 – 414 Phil. 13 – 361 SCRA 489 – Civil Law – Conflict of Laws – Private International Law – Foreign Judgments – How Assailed In 1985, the High Court of Malaysia ordered the Philippine National Construction Corporation (PNCC) to pay $5.1 million to Asiavest Merchant […]
G.R. No. 147066; G.R. No. 147179 – 407 Phil. 618 – Political Law – Election Law – Right of Suffrage – Extension of Voters Registration On January 25, 2001, AKBAYAN-Youth, together with other youth movements sought the extension of the registration of voters for the May 2001 elections. The […]
G.R. No. 114776 – 381 Phil. 403 – 324 SCRA 414 – Civil Law – Conflict of Laws – Private International Law – Proof of Foreign Law – Applicability of Foreign Laws Labor Law – Jurisdiction and Reliefs – Money Claims; Prescriptive Period In 1978, Menandro Laureano was hired as […]
G.R. No. 154993 – 510 Phil. 750 – 474 SCRA 258 – Taxation Law – Tax Remedies – Local Taxation – Original & Appellate Jurisdiction in Tax Cases In 1998, BA Lepanto Condominium Corporation (Lepanto) received a tax assessment in the amount of P1.6 million from Luz Yamane, the […]
G.R. No. L-48237; G.R. No. L-49023 – 235 Phil. 350 – 151 SCRA 355 – Mercantile Law – Corporation Law – Cash Dividends Labor Law – Jurisdiction and Reliefs – Illegal Dismissal In 1973, a labor union in Madrigal & Company, Inc. (MCI) sought the renewal of the collective […]
G.R. No. 122452 – 403 Phil. 391 – 350 SCRA 475 – Mercantile Law – Corporation Law – Ultra Vires Acts of Corporate Officers – Derivative Suit Sometime before November 1992, Vic Ang Siong issued a check to Concord-World Properties, Inc. The check amounted to P83.5 million. The check […]