In the context of administrative law, the Condonation Doctrine prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of office. The underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation […]
Legal Questions
215 posts
Yes. Aside from administrative liabilities, a lawyer may be jailed if he or she represents conflicting interests. Under Article 209 of the Revised Penal Code, as amended by R.A. No. 10951, a lawyer “who, having undertaken the defense of a client or having received confidential information from said client in […]
An action for reconveyance is a legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. In reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the […]
May a priest or a member of the ecclesiastics run for public office? The question finds relevance in the the constitutional provision which states The separation of Church and State shall be inviolable. The Catholic Church actually prohibits their priests from running for public office. Their Code of Canon Law […]
At first glance, the two designations look the same and seem interchangeable. But the Supreme Court in Fianza vs. People clarified the distinctions between the two. In “Lascivious conduct under Sec. 5b of R.A. No. 7610”, the offended party is a minor 12 to 17 years of age, while in […]
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 […]
By definition, a check is a bill of exchange drawn on a bank and payable on demand. It is a written order on a bank, purporting to be drawn against a deposit of funds for the payment of all events, of a sum of money to a certain person therein named […]
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 in […]
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, has […]
A free patent is issued where the applicant is a natural-born Filipino citizen; is not the owner of more than twelve (12) hectares of land; has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public land subject to disposition, for at least […]
Below is a comprehensive outline of the jurisdiction of Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities: Original Jurisdiction in: I. Civil Cases 1. Exclusive a. Actions involving personal property valued at not more than P300,000.00 or in Metro Manila not more […]
Felonies can be committed either by means of deceit or by means of fault. If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. If it is committed by means of fault, then it is culpa or otherwise known as […]
Compulsory retirement takes place at age 65, while optional retirement is primarily determined by the CBA or other employment contract or employer’s retirement plan. In the absence of any provision on optional retirement in a CBA, other employment contract, or employer’s retirement plan, an employee may optionally retire upon reaching […]
NO. Article 22 of the Labor Code provides that it shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in accordance with the rules and regulations prescribed by the Secretary of Labor and Employment. Executive Order No. 857 prescribes the percentage of foreign exchange remittance from 50% to 80% […]
Social security laws are those labor statutes that provide protection not only to a worker but also to members of his family in case of loss of income or when there is need for medical care brought about by contingencies like sickness, disability, death, and old age. Examples of social security […]
Labor legislation is an exercise of police power. The purpose of labor legislation is to regulate the relations between employers and employees respecting the terms and conditions of employment, either by providing for certain standards or for a legal framework within which better terms and conditions of work could be negotiated through collective bargaining. It is […]