PROJECT JURISPRUDENCE

The rule on locus standi is not a plain procedural rule but a constitutional requirement derived from Section 1, Article VIII of the Constitution, which mandates courts of justice to settle only "actual controversies involving rights which are legally demandable and enforceable." As stated in Kilosbayan, Incorporated v. Guingona, Jr., viz.: [C]ourts are neither free to decide all kinds of cases dumped into their laps nor are they free to open their doors to all parties or entities claiming a grievance. The rationale for this constitutional requirement of locus standi is by no means trifle. It is intended "to assure a vigorous adversary presentation of the case, and, perhaps more importantly to warrant the judiciary's overruling the determination of a coordinate, democratically elected organ of government." It thus goes to the very essence of representative democracies. A lesser but not insignificant reason for screening the standing of persons who desire to

Facebook user Marlon Aedrian Lopez reports that another netizen posted this in a buy-and-sell group on Facebook. This appears to be in violation of well-settled legal ethics principles. Case in point is Bar Matter No. 553; June 17, 1993; MAURICIO C. ULEP, petitioner, vs. THE LEGAL CLINIC, INC., respondent. In that case, the Supreme Court held the following: Anent the issue on the validity of the questioned advertisements, the Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Prior to the adopti

Rumors have been around that the examiner in the 2017 bar examination in remedial law is Dean Willard Riano. He authored Remedial Law books such as “Fundamentals of Civil Procedure,” “Evidence (A Restatement for the Bar),” “Civil Procedure (A Restatement for the Bar),” and “Evidence (The Bar Lecture Series).” For more information, call 0917-8692560, 0917-3493987 and 0932-4837047, or visit Mariners Home Annex at 1970 P. Hidalgo Lim St., Malate, Manila. (Read more: http://newsinfo.inquirer.net/560475/remedial-law-review-on-sundays#ixzz4zmKdZlHH Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook)

[1] A statute of limitations focuses on requiring timeliness of action from an injured party, and thus may potentially be extended where a delay in commencing a legal action is not the injured party's fault. The operation of statutes of limitation can be avoided or tolled by a number of equitable factors, such as the minority of the injured party, or attempts by a tortfeasor to conceal evidence of responsibility. Some statutes of limitation begin to run only when the injured party discovers or reasonably should have discovered the injury. [2] A statute of repose focuses on immunizing the alleged injuring party from long-term liability, and thus may even be based on elapsed time from an event, even if the potential cause of action cannot reasonably be discovered until a later date. ("P. Stolz Family Partnership LP v. Daum, 355 F.3d 92, 102 (2d Cir. 2004)". Google Scholar. Google. Retrieved 17 August 2017.) The statute of limitations of civil actions was explained in Pen

A "statute of acquisition" is a law that provides for the right to acquire property or rights after the lapse of time provided. Prescription is another mode of acquiring ownership and other real rights over immovable property. It is concerned with lapse of time in the manner and under conditions laid down by law, namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted and adverse. Acquisitive prescription is either ordinary or extraordinary. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. In extraordinary prescription ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of title or of good faith. (G.R. No. 155080; February 5, 2004)

A statute of repose (sometimes called a nonclaim statute), like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline. Statutes of repose exist in a number of contexts. Some jurisdictions have passed statutes of repose in the context of products liability law, or for probate court proceedings. ("Statute of repose". Wex. Cornell Law School. Retrieved 17 August 2017.) Prescription is rightly regarded as a statute of repose whose object is to suppress fraudulent and stale claims from springing up at great distances of time and surprising the parties or their representatives when the facts have become obscure from the lapse of time or the defective memory or death or removal of witnesses. Our laws do not favor property rights hanging in the air, uncertain, over a long span of time. (G.R. No. 125590; March 11, 1999)

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeare

Champerty, along with maintenance (of which champerty is an aggravated form), is a common law doctrine that traces its origin to the medieval period. The doctrine of maintenance was directed "against wanton and in officious intermeddling in the disputes of others in which the intermeddler has no interest whatever, and where the assistance rendered is without justification or excuse." Champerty, on the other hand, is characterized by "the receipt of a share of the proceeds of the litigation by the intermeddler." Some common law court decisions, however, add a second factor in determining champertous contracts, namely, that the lawyer must also, "at his own expense maintain, and take all the risks of, the litigation." The doctrines of champerty and maintenance were created in response "to medieval practice of assigning doubtful or fraudulent claims to persons of wealth and influence in the expectation that such individuals would enjoy greater success

The passing average is the minimum grade in the exam required to be admitted to the practice of law. The passing rate is the proportion of total number of bar passers in relation to the total number of bar examinees. It is usually computed on two levels—the national level (national bar passing rate), and the law school level (law school passing rate). In the past, passing averages were considerably lower to admit more new lawyers (i.e. 69% in 1947, 69.45% in 1946, 70% in 1948). Since 1982, the passing average has been fixed at 75%. This has led to a dramatic decrease in the national passing rate of bar examinees, from an all-time high of 75.17% in 1954 to an all-time low of 16.59% in 1999 (all-time low should have been the single digit 5% national passing rate for the 2007 bar examination if the Supreme Court did not lower the passing average to 70% and lowered the disqualification rate in 3 subjects). In recent years, the annual national bar passing rate ranges from 20% to 30%. (Bar P

Accuser of Chief Justice Maria Lourdes Sereno, Atty, Larry Gadon said that he cannot remember who was his source of information after his "friend" journalist denied that Associate Justice Teresita De Castro was his source. "I cannot remember now whether it was Jomar Canlas [who gave the information to me]," Gadon told the House of Representatives Committee on Justice on the resumption of its impeachment hearing against Sereno. (Gadon 'cannot remember' where he got information for impeachment case By Kristine Joy Patag (philstar.com) | Updated November 27, 2017 - 3:34pm) Nasermonan ng ilang mambabatas si Atty. Larry Gadon dahil sa pabago-bagong nitong pahayag hinggil sa pinanggalingan ng mga paratang na nameke umano ng dokumento si Supreme Court Chief Justice Maria Lourdes Sereno. Humarap sa House justice committee nitong Lunes ang Manila Times reporter na si Jomar Canlas, na siyang nagsulat ng ulat hinggil sa pagkumpronta umano ni SC Associate Justice Tere

In 400 days, employment of contractual government workers will be transferred to manpower agencies. Government workers, mostly from the Department of Social Welfare and Development (DSWD), lamented this as they went to the Department of Budget and Management (DBM) on Monday, November 27, to call for their regularization. The protest stems from Joint Circular 1 issued by the DBM, the Commission on Audit (COA), and the Civil Service Commission (CSC), ordering government agencies to review their structure and identify the appropriate manpower they need. This assures that job order (JO) and contract of service (COS) workers will be priorities for filling up vacant plantilla positions. But what the workers fear is the provision that allows the renewal of their employment only until December 31 next year. By 2019, they will be hired through private agencies – a notorious practice in the private sector. (Contractual gov't workers oppose hiring through manning agencies; Patty Pasion @patty

The third doctor-referral provision of the POEA-SEC, it appears to us, has been honored more in the breach than in the compliance. This is unfortunate considering that the provision is intended to settle disability claims voluntarily at the parties’ level where the claims can be resolved more speedily than if they were brought to court. Whatever his reasons might have been, Dumadag’s disregard of the conflict-resolution procedure under the POEA-SEC and the CBA cannot and should not be tolerated and allowed to stand, lest it encourage a similar defiance. We stress in this respect that we have yet to come across a case where the parties referred conflicting assessments of a seafarer’s disability to a third doctor since the procedure was introduced by the POEA-SEC in 2000 – whether the Court’s ruling in a particular case upheld the assessment of the company-designated physician, as in Magsaysay Maritime Corporation v. National Labor Relations Commission (Second Division) and similar oth

In an advisory, the Official Gazette of the Republic of the Philippines summarizes the rights of air passengers according to the present state of the law. One of them is the right to be fully-informed before purchase. Another is the right to enjoy the full value of the service purchased.

Section 3 of the Republic Act (RA) 9775, otherwise known as the Anti-Child Pornography Act of 2009, provides the following definitions of a " child" and "child pornography." (a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. For the purpose of this Act, a child shall also refer to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein. (b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or in

President Rodrigo Duterte said his administration "will continue to fight for the rights of women and children," as the country marked the International Day to End Violence Against Women on Saturday, November 25. In a message to the Philippine Commission on Women (PCW), Duterte lauded the agency as it held an 18-day campaign to end violence against women. "This occasion echoes the call for equality, respect, and dignity for women and girls regardless of their standing in society," his letter said. "It is crucial therefore that we remain steadfast in cultivating a community free from violence and proactive in addressing the difficult issues that the sector faces." The President commended PCW for its commitment "in our shared advocacy of reducing violence against women and children through an improved response system across the country." (Accused of sexism, Duterte vows to fight for women's rights; Rappler.com Published 12:53 AM, November 26,

The accused-appellant would have this Court believe that he and AAA were lovers. This sweetheart theory, however, is bereft of any substantial proof. Other than accused-appellant’s self-serving assertions and the testimonies of Sarmiento and Manalo, there were no other evidence presented to satisfactorily prove the alleged romantic relationship. The testimonies that they were seen together talking on the day of the incident or that they were walking hand in hand in going to Lupi do not give rise to the inference that they were sweethearts. We previously held that the sweetheart theory or sweetheart defense is an oft-abused justification that rashly derides the intelligence of this Court and sorely tests its patience. For the Court to even consider giving credence to such defense, it must be proven by compelling evidence. The defense cannot just present testimonial evidence in support of the theory, as in the instant case. Independent proof is required – such as tokens, mementos, and

Minute trial is the availment of the discovery procedures sanctioned by the Rules of Court, namely: depositions, interrogatories to parties, request for admission by the adverse party, production or inspection of documents or things, physical and mental examination of persons. (Eleuterio L. Bathan; Presiding Judge, RTC, Branch 92, Quezon City. San Sebastian College of Law, Manila)

The General Motors case is illustrative of the "congruent-interest representation conflict" doctrine. It bears stressing that this doctrine applies uniquely to former government lawyers and has been distinguished from the normal rule applicable for non-government lawyers in this wise – To illustrate the normal rule for non-government lawyers, imagine that the lawyer has represented passenger A and has recovered substantial damages in a suit against a driver. No conflict of interest principle or rule restricts the lawyer from later representing passenger B against the driver with respect to exactly the same accident. B may obtain the benefits of the lawyer’s help regardless of the fact that the lawyer might be able to employ to B’s advantage information and strategies developed in the representation of A. The critical element is that the interest of A and B do not conflict. The rationale for the "congruent-interest representation conflict" doctrine has been ex

I. A. Brando & Luzon Law Office had a retainer agreement with Gregory, a businessman with shady connections. Gregory was recently charged in the RTC in Manila with money laundering in relation to an illegal drugs syndicate using Cable Co., his holding company, as its money laundering conduit. The members of the Brando & Luzon Law Office assigned to handle Gregory's account, including yourself, were implicated in the money laundering case for their role in the incorporation of Cable Co. and in the active management of its business affairs. In a bid to fortify the case against Gregory and the others, the public prosecutor approaches you (as the least guilty person who will qualify for a discharge as a state witness) and offers to make you a state witness. Should you accept the offer? Explain your answer. (5%) I. B. Under the facts of the preceding question, assume that you had resigned from the Brando & Luzon Law Office prior to the filing of the money laundering case

She wrote on her Facebook page, "Sa clubs, gigs, kalye at kung anumang lugar at oras, walang karapatan ang sinumang mambastos. This is why I filed the Safe Streets and Public Spaces Bill. We need to create more safe spaces for women, LGBT and yes, even men. #SafeSpaces Full text of Senate Bill No. 1326: http://senate.gov.ph/lisdata/2537321875!.pdf " Her bill starts with the following introductory paragraph, "An overwhelming 88% of women aged 18 to 24 years old experienced sexual harassment in the streets (SWS, 2016). While wolf-whistling and catcalling are the more common cases, other forms of sexual harassment include lascivious language, stalking, rubbing or touching, indecent gestures, exhibitionism and public masturbation. 58% of these incidents take place on the streets and small alleys, they have also been reported to happen in public vehicles, public washrooms, schools, and workplaces." The proposed law defines "Gender-based Street and Public Spaces

Eduardo Rabaya Castro took a photo of a citizen caught by police for allegedly stealing from inside a car. He wrote, "S[i]ya si Junior 16 na taon gulang nadaanan ko sa gilid ng Market Market C5 road Taguig City na nakaposas nahuli daw sya ng pulis at ng BGC security sa umano'y pagnanakaw sa loob ng isang sasakyan. Nov. 24, 2017. Taguig City. — at Market Market." Eduardo Rabaya Castro is a freelance photojournalist based in Manila. Free free to contact him through his Facebook page. 

The work-product doctrine is more inclusive than attorney–client privilege. Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work-product includes materials prepared by persons other than the attorney him/her self: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility of impending litigation. Additionally, it includes materials collected for the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case. However, "memoranda, briefs, communications ... other writings prepared by counsel for his/her own use in prosecuting the client's case ... mental impressions, conclusions, opinions, or legal theories" are never discoverable by an opposing party. However, the work-product doctrine is also less powerful than the attorney–client privilege, and therefore may be overcome by a showing o

"In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, and the work-product exception." (Craig D. Bell, Thomas E. Spahn, Christopher S. Rizek, "A Guide to the Attorney-Client Privilege and Work Product Doctrine for Tax Practitioners" (2007), p. 11.) Under the work-product doctrine, "tangible material or its intangible equivalent" that is collected or prepared in anticipation of litigation is not discoverable, that is, the party unable to obtain the information has no other means of obtaining the information without undue hardship. For example, the witness may have left the country. Where the required showing is made, the court will still protect mental impressions of an attorney by redacting that part of the document containing the mental impressions. ("Work product". Black's La

Reynold Villania , who aims to empower "police officers and citizens thru legal education," has been posting his opinions on legal issues in the country and some of them are worth re-blogging here. One of them is "Patay o Sugatan, Huwag Bayaran Yan" [ Dead or Injured, Don't Compensate] , which is about the last clear chance doctrine. Villania is quoted below. [START OF QUOTE] I was working in front of my computer inside our office in Police Regional Office 5, Camp Gen. Ola, Legazpi City, when I received a message from a desperate police officer asking whether he should pay the person he injured in a vehicular accident. Our conversation[ went went along the lines of]: Me: Bakit, anong nangyari? [ What happened?] Pulis [ Police Officer] : Nagmamaneho po ako ng motor. Tama lang yung bilis. Bigla pong tumawid ng kalsada yung lalaki. Hindi ko po inasahan at hindi ko na rin po naiwasan. Nabali po iyong kanyang paa at ako naman ay nagtamo ng malalim na sugat s

Heard this too; wonder if it’s true. In any case, it would be a shame to lose your chance just because of the dress code/inadvertence. 😔 https://t.co/7SIT6e62hp — The Corpus Juris ⚖️ (@thecorpusjuris) November 23, 2017 💡 Bar examinees, take note of dress code: pic.twitter.com/ykXnIJRqy8 — The Corpus Juris ⚖️ (@thecorpusjuris) November 23, 2017 Your friends need to know that rumors have been around that a strict dress code will be implemented on the last Sunday of the 2017 bar examination on November 26, 2017. The bar subjects on that Sunday are remedial law and ethics law. The latter may be the reason why this dress code is required.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This is the First Amendment to the United States Constitution. Its equivalent in the 1987 Philippine Constitution is Sections 4 and 5 of Article III (Bill of Rights). "Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances." "Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political

BILLY bought a 200-square-meter (200-sqm) parcel of land from TINDAH. TINDAH asked BILLY to choose which portion the latter would occupy out of his vast 1000-square-meter land. BILLY chose the southeast part and, the following day, constructed a house and fenced the area. A few days later, ISTOR came to BILLY and demanded he vacate the land, alleging better title. BILLY refused, invoking his notarized deed of sale with TINDAH. ISTOR sued BILLY for ejectment. (a) What is the difference between an action for specific performance and a petition for mandamus? (b) What is the remedy of BILLY? ANSWERS: (a) An action for specific performance is based on a contractual obligation that the complainant-obligee wishes to have performed by the respondent-obligor. A petition for mandamus lies to compel a government agency, office or officer to perform its ministerial duties under the law. (b) The remedy of billy is to file an answer to ISTOR's complaint and to

QUESTION: Petitioners’s father was granted a free patent over land. The land was sold within the prohibitory 5-year period by the father to Respondent. Petitioners filed with the RTC of Davao Oriental an action for repurchase against Respondent based on Section 119 of the Public Land Act. Respondent filed a motion to dismiss on ground of lack of jurisdiction alleging that the assessed value of the land does not exceed ₱20,000. Rule on the motion. ANSWER: Motion to dismiss denied. The complaint to redeem a land subject of a free patent is a civil action incapable of pecuniary estimation. At first blush, it appears that the action filed by petitioners involves title to or possession of the lots he sold to respondents. Since the total selling price is less than PhP 20,000, then the MTC, not the RTC, has jurisdiction over the case. This proposition is incorrect for the re-acquisition of the lots by the petitioners is but incidental to and an offshoot of the exercise of the right by the

PALS Political Law 2016 DOWNLOAD HERE. PALS Labor Law 2016 DOWNLOAD HERE. PALS Labor 2 Law 2016 DOWNLOAD HERE. PALS Civil Law 2016 DOWNLOAD HERE. PALS Civil Law 2 2016 DOWNLOAD HERE. PALS Tax Law 2016 DOWNLOAD HERE. PALS Commercial Law 2016 DOWNLOAD HERE. PALS Criminal Law 2016 DOWNLOAD HERE. PALS Criminal Law 2 2016 DOWNLOAD HERE. PALS Remedial Law 2016 DOWNLOAD HERE. PALS Legal Ethics 2016 DOWNLOAD HERE.

This channel offers free and easy-to-access audio and video materials on Philippine law, Philippine jurisprudence, legal principles, Supreme Court doctrines, and the latest updates and trends in law schools and bar exams. This was specially created for lawyers, law students and bar examinees who wish to review over the Internet and at the comfort of their homes.

After the Dumlaos purchased the property in question through a foreclosure sale, they tolerated the Eroritas to continue operating the school which already existed at the time of the sale. The owners alleged that the Eroritas agreed to pay P20,000.00 monthly rental which they denied as they were merely allowed to continue to run the school without rental out of good will and friendship. A complaint for recovery of possession was filed, by the Dumlaos alleging that a demand made in February 12, 2004 where judgment was rendered ordering the Eroritas to vacate. The CA reversed on appeal ruling that the MTC had jurisdiction as the tax declaration did not exceed P20,000.00, citing Barbosa v. Hernandez, G.R. No. 133564, July 10, 2007, 527 SCRA 99. Is the ruling correct? Why? ANSWER : No. The MTC had jurisdiction. The allegations in the complaint determine the nature of an action and jurisdiction over the case (Spouses Flores-Cruz v. Spouses Goli-Cruz, G.R. No. 172217, September 18, 2009,

A group of law students on Facebook, the Law Students Help Group Philippines , invites Mocha Uson to join. This follows her announcement of joining law school in January 2018. Tsidkenu Dizon posted, "Mocha will enroll in Arellano this coming January. Her father was a [regional trial court (RTC)] judge and her mom is a doctor. She was a second year medical student when she decided to follow her desire to become a singer, dancer, and actress. She is also a business woman. Remember, as a showb[usiness] personality, she was packaged like a product[,] highlighting her body and sexy dance skills for the general public. It means that everything we know and read (Bobo memes) are not true. What is true is that she has the genes to become a lawyer. RTC judge [a]ng tatay niya. Tatay ko [ay h]indi lawyer - but I became one. Siya p[a kaya]?! Remember the movie LEGALLY BLONDE [where t]he [boyfriend (BF)] dumped a sexy-no-brainy [girlfriend (GF)] and went to Harvard. [GF], crushed and wanted

We agree with Flores that AAA’s age was not proven with certainty. This Court has held that for minority to be considered as a qualifying circumstance in the crime of rape, it must not only be alleged in the Information, but it must also be established with moral certainty. 17 Noting the divergent rulings on the proof required to establish the age of the victim in rape cases, this Court, in People v. Pruna, 18 has set out the following guidelines in appreciating age, either as an element of the crime or as a qualifying circumstance: [1.] The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party. [2.] In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age. [3.] If the certificate of live birth or authentic document is shown to have been lost or destroyed o

The Senate on Wednesday, November 22, approved a higher personal income tax exemption for Filipinos of P250,000 annually, effectively increasing the take-home pay of taxpayers. Senate ways and means committee chair Juan Edgardo Angara said the P250,000 exemption covers all workers, including employees and self-employed, no matter if the income is greater than that. Angara also said the tax burden will be transferred to the rich. Once approved into law, Filipinos earning P21,000 a month will be exempt from paying income taxes. The exemption approved by the Senate essentially followed the versions of the Department of Finance and the House of Representatives. “You’ll pay less taxes, bigger exemption. Mas malaki mauuwi (the take-home pay is bigger). It’s available to anybody who earns more than P250,000," Angara told reporters. (Senate OKs P250K annual income tax exemption; Camille Elemia @CamilleElemia Published 2:42 PM, November 22, 2017 Updated 2:50 PM, November 22, 2017)

Got goosebumps when everybody cheered him on as he went down the footbridge after today's Criminal Law Bar Exam. It's really never too late to reach for your dreams. Mabuhay ka, Sir! ⚖️💙 #BAR2017 #NovemBAR2017 pic.twitter.com/BDHxbsXlNs — Phil Jaramillo ▼▲ (@philipjaramillo) November 19, 2017

Not every instance of the laying of hands on a child constitutes the crime of child abuse under Section 10 (a) of Republic Act No. 7610. Only when the laying of hands is shown beyond reasonable doubt to be intended by the accused to debase, degrade or demean the intrinsic worth and dignity of the child as a human being should it be punished as child abuse. Otherwise, it is punished under the Revised Penal Code. Although we affirm the factual findings of fact by the RTC and the CA to the effect that the petitioner struck Jayson at the back with his hand and slapped Jayson on the face, we disagree with their holding that his acts constituted child abuse within the purview of the above-quoted provisions. The records did not establish beyond reasonable doubt that his laying of hands on Jayson had been intended to debase the "intrinsic worth and dignity" of Jayson as a human being, or that he had thereby intended to humiliate or embarrass Jayson. The records showed the laying of h

Doli incapax refers to a presumption that a child is "incapable of crime" under legislation or common law. Or rather, the presumption that a child cannot form mens rea as they do not yet have a sufficient understanding between "right and wrong." (en.wikipedia.org) The words "doli incapax" mean "a child incapable of crime." The rationale for the presumption of doli incapax is that a child (someone who is underage usually set by law) is "not sufficiently intellectually and morally developed to appreciate the difference between right and wrong." [1] In the Philippines, the age of criminal responsibility is 15. Republic Act 9344 or the Juvenile Justice Law of 2006 sets the minimum age of criminal liability at 15 years old. This means that those between 15 to 18 years old may be detained in youth centers and go through rehabilitation programs. Those under 15 years old are exempted from criminal liability and undergo intervention. How

A man was arrested in Clark, Pampanga for not standing while the national anthem was played in a movie theater. A report on GMA's "24 Oras" identified the man as Bayle Einstein Gonzales, 20, who reportedly refused to stand even when he was told to do so by Charge D'Affaires to Iraq Elmer Cato, who was also in the cinema. Cato was reported to have told Gonzales to stand up twice, but the latter refused to do so and instead ate popcorn. After the movie, Cato asked help from police officials to arrest Gonzales, who has denied the allegations. Gonzales will face charges of violating the Flag and Heraldic Code of the Philippines and could be fined from P5,000 to P20,000 and jailed for as long as a year.  (Man arrested for not standing during national anthem in movie theater; Published November 19, 2017 7:47pm; Jon Viktor D. Cabuenas/BM, GMA News)  OPINION: The law may be declared unconstitutional for violating the right of the people to freedom of expression. "Disresp

CIVIL CODE OF THE PHILIPPINES ANNOTATED VOL. II (PROPERTY) by Edgardo L. Paras ; This book covers several doctrines on the subject of Property which have been reiterated and/or restated by the Philippine Supreme Court, by way of its most recent pronouncements. These include rules on the meaning of just compensation, the role of the judiciary in fixing said compensation, the essential features of good faith and bad faith, particularly on the matter of possession, and the applicability of the law on intellectual property vis-à-vis the Internet and cyberspace/multimedia in today’s E-Commerce Age. Table of content Title I - Classification of Property Title II - Ownership Title III - Co-ownership Title IV - Some Special Properties Title V - Possession Title VI - Usufruct Title VII - Easements or Servitudes Title VIII - Nuisance Title IX - Registry of Property BOOK III: Different Modes of Acquiring Ownership Title I - Occupation Title II - Intellectual Creation Title III - Donation COMMEN