G.R. No. 163267 – 634 Phil. 207 – 620 SCRA 134 – Criminal Law – Special Penal Laws – Illegal Possession of Firearms – Constructive Possession In January 1996, Teofilo Evangelista while in Dubai, UAE, was accosted by the Dubai Police for possession of one pistol, one submachine gun, and […]
Howard
On December 14, 2017, the U.S.’s FCC (Federal Communications Commission) will vote whether or not to end net neutrality in the US. If the FCC decides to end net neutrality, it basically means that the US Federal government will be issuing stricter regulations when it comes to internet access. The […]
G.R. Nos. L-9805-06 – 100 Phil. 1069 – Criminal Law – Crimes Against the Fundamental Law of the State – Article 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities – 12-18-36 Rule On 20 May 1955, Dionisio Mabong was arrested without warrant for stabbing […]
G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
G.R. No. L-48088 – 173 Phil. 616 – 84 SCRA 477- Criminal Law – Crimes Against Public Interest – Perjury – Elements – Sworn Statement Perjured Must Be One Required By Law In January 1978, Gotardo Flordelis was criminally charged for Perjury. It was alleged in the information that Flordelis […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. 148000 – 446 Phil. 496 – 398 SCRA 373 – Remedial Law – Criminal Procedure – Presence of private offended party during pre-trial is not required In February 2000, a criminal case for Falsification of Official Public Documents was filed against Mario Austria. The prosecutor listed 11 witnesses against […]
G.R. No. L-21189 – 120 Phil. 1331 – Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment In 1962, Luzviminda San Pedro filed a case against Spouses Jose and Marta Avendaño for Collection of Sum of Money. The spouses Avendaño lost the said case. To execute […]
At this age, almost all products and services are advertised online. Like they say, everything is just a click away. Including legal services. For legal services however, regulations therefor have always been restrictive. In fact, as a rule, a lawyer is not allowed to advertise his legal services because as […]
In the Revised Penal Code, particularly subsection 9 of Article 13 on Mitigating Circumstances, it is provided that the criminal liability of an offender shall be mitigated if, in the commission of the crime, he was afflicted by an illness which diminished the exercise of his will-power. Such illness, however, […]
G.R. No. 210164 – 767 Phil. 51 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Evidence – Formal Offer of Evidence – Evidence not Offered Rommel Arnado was a natural-born Filipino. Later, […]
On February 9, 2008, the Supreme Court issued a Resolution which amended Section 12 (a), Rule II of the 2004 Rules on Notarial Practice. Thus: Sec. 12. Component Evidence of Identity. The phrase “competent evidence of identity” refers to the identification of an individual based on: (a) at least one […]
Recently, the Fine Brothers (Fine Bros., Entertainment), well-known YouTubers, announced that they are going to license “react” videos. These “react” videos capture the reactions of people on certain issues, aspects of the society, products, actually anything under the sun. You can watch their announcement here. (Update: The Fine Bros. removed […]
G.R. No. 193493 – 711 Phil. 179 – 698 SCRA 485 – Labor Law – Social Legislation – SSS Claims Labor Standards – Hours of Work – Employer-Employee Relations – Four-Fold Test’ Control Test Jaime Fulo had been working in a farm owned by Jaime Gapayao since 1983. In November […]
A.C. No. 620 – 155 Phil. 33 – 56 SCRA 30 – Legal Ethics – Duty of a lawyer to update his client of the status of the case Jose Alcala engaged the services of Atty. Honesto De Vera to defend him in a civil case. On April 17, 1963, […]
We have seen the MCQ come and go. Prior to that, we have seen memorandum writing and opinion writing too in the 2011 bar exams. These innovations were supposedly introduced in order to increase the bar exams passing rate. Interestingly though, and perhaps even ironically, even though the 2011 bar exams […]