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, […]
Howard
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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 […]
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the treasurer of […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the will G.R. […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered by Article […]
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer of the […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued the […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due process was […]
The general rule is that all available administrative remedies must be availed of or exhausted first before resorting to judicial remedies. Thus: …no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted. The rationale behind the doctrine of exhaustion […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered that […]