PROJECT JURISPRUDENCE

The Philippine Statistics Authority (PSA) announced there will be a fee increase in acquiring civil registry documents from the agency effective February 2 this year. Kastine Lumapas, Civil Registration System (CRS) outlet supervisor of the PSA regional office, told the Philippine News Agency that this is due to the increase of the documentary stamp tax (DST) pursuant to Section 12 of the Bureau of Internal Revenue (BIR) Regulation No. 4-2018. Lumapas said that the Section 12 of BIR Regulation No. 4-2018 is the regulation implementing the DST rate adjustment under Republic Act No. 10963, otherwise known as the Tax Reform for Acceleration and Inclusion (TRAIN) law. Lumapas said the DST for document authentication will increase by 100% from PhP15 to PhP30. Meanwhile, the issuance fees for copies of birth, marriage, and death certificates will increase to PhP155 from the previous PhP140. The certificate of no marriage (CENOMAR) will increase to PhP210 from the previous fee of ...

Section 8(2) of RA No. 6770 vesting disciplinary authority in the President over the Deputy Ombudsman violates the independence of the Office of the Ombudsman and is thus unconstitutional. Our discussions, particularly the Court’s expressed caution against presidential interference with the constitutional commissions, on one hand, and those expressed by the framers of the 1987 Constitution, on the other, in protecting the independence of the Constitutional Commissions, speak for themselves as overwhelming reasons to invalidate Section 8(2) of RA No. 6770 for violating the independence of the Office of the Ombudsman. In more concrete terms, the Supreme Court rules that subjecting the Deputy Ombudsman to discipline and removal by the President, whose own alter egos and officials in the Executive Department are subject to the Ombudsman’s disciplinary authority, cannot but seriously place at risk the independence of the Office of the Ombudsman itself. The Office of the Ombudsman, by expr...

The Supreme Court finds respondent guilty of dishonesty and grave misconduct and hereby dismisses her from the service. As a public servant, respondent is expected to exhibit at all times the highest sense of honesty and integrity and faithfully adhere to, hold inviolate, and invigorate the principle that public office is a public trust. By soliciting money from complainant, she committed an act of impropriety which immeasurably affects the honor and dignity of the judiciary and the people's confidence in it. She committed the ultimate betrayal of the duty to uphold the dignity and authority of the judiciary by arrogating to herself judicial power which she does not possess, in order to extort money from a party-litigant. Her act of forging the presiding judge's signature also constitutes a blatant disregard for the values of integrity, uprightness and honesty which are expected of all court personnel. The Supreme Court has never wavered in exhorting all those in t...

Rappler reports, "Public utility vans (PUVs) have begun charging higher fares in Cagayan Valley after the Land Transportation Regulatory and Franchising Board (LTFRB) approved the new fares. The LTFRB said in a certification issued on Wednesday, January 24, that the approved fare from Tuguegarao City to Claveria is P360 for regular commuters and P288 for students and senior citizens – from the previous fare of P216. A poster at the Aparri van terminal notified commuters that starting Friday, January 26, van operators would charge them P204, or more than double the current fare of P100, for the Tuguegarao City to Aparri route." ( Raymon Dullana Published 10:25 PM, January 27, 2018 Updated 10:26 PM, January 27, 2018 ) For its part, IBON Foundation, a non-profit development organization, pointed out that the TRAIN law would be a big blow to the country’s poorest, arguing that poor families will bear the brunt of higher prices on basic goods and services without getting ...

The Preamble of the 1987 Constitution goes like this: "We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution." This is a 75-word introduction to the Constitution. Yes, it's a sentence, not a paragraph. The things that make it longer are the intervening words. Removing them, we end up with, "We, the sovereign Filipino people, do ordain and promulgate this Constitution." Many of us are familiar with this sentence, the Preamble, because we studied it in college under the Philippine Government and Politics course. Although not all of us have succeeded in ...

When heading to Singapore, leave the Juicy Fruit at home and pop a breath mint instead. Among the lengthy list of items that aren't allowed to be imported into Singapore is chewing gum, a rule enforced in order to keep public spaces clean. An exception is made for dental or nicotine gum. (14 strange laws from around the world; Cassidy Hopkins; Jul. 7, 2016, 1:42 PM) There is a ban on importing chewing gum into Singapore which is strictly enforced. Since 2004, only chewing gum of therapeutic value is allowed into Singapore under the "Regulation of Imports and Exports (Chewing Gum) Regulations". The exception is made for dental or nicotine gum. (Wikipedia) Gum can be bought from a doctor, but must be prescribed. According to the Regulations, "importing" means to "bring or cause to be brought into Singapore by land, water or air from any place which is outside Singapore [...]" any goods, even if they are not for purposes of trade. (Wikipedia) ...

Reynold Villania wrote, "Mahalaga ang body cam sa isang police operation para malaman ang pangyayari. Kadalasan, nakakasuhan ang pulis sa alesgasyong nagnakaw, nanakit, nakapatay at iba pang paglabag sa batas. Kung may body cam, madali itong pasubalian ng pulis. Kung gumamit man ng pwersa , madaling mapatunayan na resonable at legal ang pagamit nito dahil maipapakita ng video. Sa madaling sabi, pag may body cam ito ay pwedeng magamit ng pulis at magamit sa pulis." "Ang problema sa ngayon halos wala tayong body cam. Subalit, alam niyo ba na mayroong libreng application sa cellphone, nada-download lang sa internet, na ang tawag ay "Background Video Recorder" .Pwedeng magamit ng pulis kapalit ng body cam. Maganda ito pagkat tumatakbo siya kahit na naka-sleep mode ang cellphone. Hindi basta-basta namamatay kahit na magalaw ang screen. Ito ang pagkakaiba niya sa ordinaryong video ng cellphone na tumatakbo lang pag naka-open ang cellphone, at nao-off pag nadampia...

"Atty. Crisostomo A. Uribe will be [giving] another Civil Law Lecture Series on OBLIGATIONS and CONTRACTS this 16 February 2018 at the Review Room of San Sebastian College - Recoletos, Manila." ( Glenn Chua )

Paul Laranjo wrote, "Religion in a nutshell. Claims to be all good and holy but just turns their eyes away from the people in need.. Notes : this photo was originally shared by one of my friends , i saved the photo and made some zooming... If you ever accuse me of stealing this photo then please be reminded that this is Facebook. Read the terms and conditions or if you don't want someone to steal your photo then make your profile private.. ( not to mention screenshot technology ) the only mistake here is that i was not able to tag or give credits to the one who took the pic."

Laches Lack of Capacity to Sue Last Clear Chance Let the Buyer Beware Liberal Construction Loss of Confidence Law of the Case Legal Certainty Legal Immunity Living Tree Doctrine Luego doctrine (law on public officers) [Luego v. CSC, 143 SCRA 327] Legislative approval by re-enactment Locus standi Lex nationalii Lex rei sitae Lex loci celebrationis Lex domicilii Litis pendentia Liberty of abode Loan on bottomry Loan on respondentia Legal impossibility Lifeblood doctrine Lex taliones Limited liability Last antecedent Legal Fiction Legitimate Labor Organization Legitimation Log-rolling

Surface bargaining is defined as "going through the motions of negotiating" without any legal intent to reach an agreement. The resolution of surface bargaining allegations never presents an easy issue. The determination of whether a party has engaged in unlawful surface bargaining is usually a difficult one because it involves, at bottom, a question of the intent of the party in question, and usually such intent can only be inferred from the totality of the challenged party’s conduct both at and away from the bargaining table. It involves the question of whether an employer’s conduct demonstrates an unwillingness to bargain in good faith or is merely hard bargaining. (G.R. No. 114974; June 16, 2004) Wag ganon, bes! @YourLawyerSays @LawStdntsofMNL @thecorpusjuris pic.twitter.com/rGlyIWiat5 — Josef Descalzo 🍀 (@jmdescalzo) January 22, 2018

Philippine Star reports, "Department of Foreign Affairs opens passport appointment slots from January 26 to June 30 at 1PM today. As of 1:30 PM, more slots are still available for February, March and June at DFA NCR West. Schedule an appointment here: www.passport.gov.ph ." Previously, CNN reported: Amid outrage over passport appointment schedules, Department of Foreign Affairs (DFA) Secretary Alan Peter Cayetano denied there is a syndicate in cahoots with its employees. "Kanina may nagtanong about the sindikato, we are not the NBI, nor are we the CIDG, but we're are not stupid. Alam namin if there's fertile ground for sindikato," he said in a media briefing after DFA launched the 10-year validity of passports. [Translation: On the syndicates, we are not the National Bureau of Investigation nor are we the Criminal Investigation and Detection Group, but we are not stupid. We'll know if there is a fertile ground for a syndicate to breed.] ( DFA denies sy...

On June 13, 2006, Court Administrator Christopher O. Lock submitted the complaint and respondents comment to the Court together with his Report and Recommendation. In his Report and Recommendation, Court Administrator Lock stated: A careful consideration of the issues herein raised disclosed that respondent Judge had been liberal in granting postponements requested by the parties, most of the time, by the defendant and even at the instance of the court itself. Despite the numerous delays encountered by the case, he was never decisive in warning the parties against unreasonable requests for continuance. He could not hide behind the excuse that he has no control over the circumstances attendant to the case because a judge should at all times remain in full control of the proceedings in his branch and should adopt a firm policy against improvident postponements. Lengthy postponements of court hearings create delay in the administration of justice, thus undermining the peoples f...

RA 10175's Section 5. Other Offenses. — The following acts shall also constitute an offense: (a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. (b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable. Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any pr...

Petitioner seeks to convince this Court that it has a right to obtain the chemical composition and ingredients of respondents products to conduct a comparative analysis of its products. Petitioner assails the conclusion reached by the Court of Appeals that the matters are trade secrets which are protected by law and beyond public scrutiny. Relying on Section 1, Rule 27 of the Rules of Court, petitioner argues that the use of modes of discovery operates with desirable flexibility under the discretionary control of the trial court.Furthermore, petitioner posits that its request is not done in bad faith or in any manner as to annoy, embarrass, or oppress respondent. A  trade secret  is defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it. The definition also extends to a secret formula or process not patented, but known only to certain individuals using it in compounding some article o...

Too, the Supreme Court sustains the RTC and the CAs rejection of accused-appellants defense founded on denial. Time and again, this Court has ruled that denial is the weakest of all defenses. It easily crumbles in the face of positive identification by accused as the perpetrator of the crime. Here, no less than two eyewitnesses in Villaruel and victim Virginia positively and categorically named Glino as one of the Boji couples assailants. Their identification of accused-appellant was unwavering, made in a simple and straightforward manner. Corollarily, they had no ill motive to testify falsely against Glino. Upon the other hand, other than his bare denial, no corroborating evidence was put forth to substantiate accused-appellants disparate account of the incident. (G.R. No. 173793; December 4, 2007)

You will definitely swim in insecurity after seeing these handwritten notes by a law student. Again, you read that right; these are handwritten. Not books!

On The Fourth GROUND: The petitioner is entitled to a temporary restraining order and/or writ of preliminary injunction. Considering the Sandiganbayan's finding which the Supreme Court sustains, that petitioner's orders of sequestration were not based on a prima facie factual foundation that the subject properties are ill-gotten wealth, this ground is misplaced. In sum, there can be no question that indeed, petitioner's orders of sequestration are void and have no legal effect. (G.R. No. 173553-56; December 7, 2007)

Petitioners' contention that this case is one that is incapable of pecuniary estimation under the exclusive original jurisdiction of the RTC pursuant to Section 19(1) of B.P. 129 is erroneous. In a number of cases, the Supreme Court has held that actions for reconveyance of or for cancellation of title to or to quiet title over real property are actions that fall under the classification of cases that involve "title to, or possession of, real property, or any interest therein." The original text of Section 19(2) of B.P. 129 as well as its forerunner, Section 44(b) of R.A. 296, as amended, gave the RTCs (formerly courts of first instance) exclusive original jurisdiction "[i]n all civil actions which involve the title to, or possession of, real property, or any interest therein, except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, [MTCs], and Municipal Circu...

This traffic enforcer has gone viral on Facebook because he allegedly seized a citizen's wallet, ATM card and money. Anthony Enriquez   wrote, "Kupal nyo agang - aga , Mandaluyong City Traffic Enforcer Mr . Punzalan , ebalik nyo ATM Card , pera at wallet ko . Kung manghuli kayo di kasama yan  ..  P . Navarro - Gerrilla * xxx"

On the question of forum shopping, petitioners Gilbert and Lincoln Continental contend that the acts of respondents in filing a petition for certiorari and mandamus in CA-G.R. SP No. 85069 and withdrawing the same and their subsequent filing of a petition for certiorari in CA-G.R. SP No. 87104 constitute forum shopping; that respondents withdrew their petition in CA-G.R. SP No. 85069 after the Tenth Division issued a Resolution dated October 20, 2004 denying their application for a writ of preliminary injunction; that they then filed an identical petition in CA-G.R. SP No. 87104 seeking the same relief alleged in their petition in CA-G.R. SP No. 85069; and that by taking cognizance of the petition in CA-G.R. SP No. 87104, instead of dismissing it outright on the ground of forum shopping, the Court of Appeals committed grave abuse of discretion tantamount to lack or excess of jurisdiction. A party is guilty of forum shopping when he repetitively avails of several judicial remedies i...

Civil Code's Article 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. (1269) Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. (n) Article 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. (n) Article 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. (n) Article 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. (n) Article 1343. Misrepresentation made in good faith is not fraudulent but may constitute error. (n) Article 1344. In ...

On the question of whether the Court of Appeals could amend its Resolution directing the issuance of a writ of preliminary injunction so as to include petitioners, suffice to state that having acquired jurisdiction over their persons, the appellate court could do so pursuant to Section 5 (g), Rule 135 of the Revised Rules of Court, thus: SEC. 5. Inherent powers of courts. Every court shall have power: x x x (g) To amend and control its process and orders so as to make them conformable to law and justice. In Villanueva v. CFI of Oriental Mindoro and Eternal Gardens Memorial Parks Corp. v. Intermediate Appellate Court, the Supreme Court held that under this Rule, a court has inherent power to amend its judgment so as to make it conformable to the law applicable, provided that said judgment has not yet acquired finality, as in these cases. (G.R. No. 165849; December 10, 2007)

Nothing else can be said here. Just look at the photo. It is not every day that a person can touch the actual face of the President of the Republic. Whoever he or she is, she must be very happy today.

The committee explains that it has no place in the Constitution. "The entire country may soon know what it feels like to lose love. This comes as the House subcommittee on Constitutional Amendments proposed to remove the word "love" from the charter's preamble during its session Tuesday. "The word 'love' was deleted because it has no place in the Constitution," the subcommittee said in its report." ( LOOK: 'Love' lost in proposed charter change ; By CNN Philippines Staff; Updated 15:35 PM PHT Tue, January 16, 2018) "We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love , equality, and ...

Kleptocracy Kompetenz-Kompetenz

The issue for our resolution is whether the four Informations for illegal recruitment could be amended and lumped into one Information for illegal recruitment in large scale. Petitioner contends that (a) Section 14, Rule 110 of the Revised Rules on Criminal Procedure refers to an amendment of one Information only, not four, which cannot be joined in only one Information; and that (b) the amendment of the four Informations for illegal recruitment into a single Information for a graver offense violates her substantial rights. Respondent, on the other hand, prays that the petition be denied for lack of merit. Section 14, Rule 110 of the Revised Rules on Criminal Procedure provides: Section 14. Amendment or substitution. A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without ca...

Hindi po puwedeng gawin ng asawa ninyo ang bahay na 'yan. Una po sa lahat, ang bahay at pagaari ninyo ay propriedad ng kasal at, generally, hindi po puwedeng maibenta 'yan kapag walang pahintulot ang mag-asawa. Pangalawa, hindi po totoong 300,000 pesos ang bayad sa petition for annulment kung ang pagbabasehan ay ang Rules at ang batas. Maaari pong makipagugnayan sa pinakamalapit na Public Attorney's Office (PAO) sa inyong lugar. May isa lang po kayong dapat tandaan. Ayon sa batas, kapag nagkademandahan ang magasawa, maaring gamitin ang propriedad ng kasal na pambayad sa mga gastusing ligal. Section 3. Charges and Obligations of the Absolute Community: Art. 94. The absolute community of property shall be liable for: xxx (10) Expenses of litigation between the spouses unless the suit is found to be groundless. (Family Code)

Ignacio and Ignacio Law Offices and Smartnet, petitioners, claim that the Court of Appeals never acquired jurisdiction over their respective persons as they were not served with summons, either by the MeTC or by the appellate court in CA-G.R. SP No. 87104. Thus, they submit that the Court of Appeals committed grave abuse of discretion amounting to lack or excess of jurisdiction when it included them in the coverage of its injunctive writ. Jurisdiction is the power or capacity given by the law to a court or tribunal to entertain, hear, and determine certain controversies. Jurisdiction over the subject matter of a case is conferred by law. Section 9 (1) of Batas Pambansa Blg. 129, as amended, provides: SEC. 9. Jurisdiction. The Court of Appeals shall exercise: (1) Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction. Rule 46 of the ...

Yes, it is true that a criminal action is one by which the State prosecutes a person for acts or omission in violation of law. Yes, it is likewise true that "any person" is allowed to institute a complaint because crimes are, generally, public in nature. However, it is not true that an affidavit of desistance is not a basis for the dismissal of a criminal action. In reality, when the private aggrieved party desists from prosecuting the case, he no longer attends trial. Being the most important witness for the prosecution, the court, in due time and after procedure, dismiss the case for failure to prosecute or abandonment.

Thousands of nurses under the Department of Health's deployment program are at risk of losing their jobs due to budget constraints, the Ang Nars Party-list said. According to a report on GMA's "24 Oras Weekend" on Sunday, Ang Nars party-list Representative Leah Paquis said some 12,000 nurses may lose their jobs, as their contracts are about to end, and the government has no sufficient funds to renew their contracts. Aside from this, Ang Nars said doctors, midwives, and pharmacists also face the same fate because of the same reason. ( 12,000 nurses could lose jobs due to budget constraints, warns ANG NARS party-list; Jon Viktor D. Cabuenas/BM, GMA News; Published January 14, 2018 9:37pm ) An estimated 12,000 nurses might lose their job this year because of lack of budget, while 5,000 already got unemployed last year, a party-list disclosed yesterday. “[An estimated] 12,000 of 24,000 nurses under the DOH [Department of Health] nurse deployment program will lose their...

The fundamental issue is who owns the disputed shares of stock in Northern Islands. The Supreme Court reminds petitioner Lincoln Continental that what it filed with the Supreme Court is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended. It is a rule in this jurisdiction that in petitions for review under Rule 45, only questions or errors of law may be raised. There is a question of law when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts, or when the issue does not call for an examination of the probative value of the evidence presented. There is a question of fact when the doubt arises as to the truth or falsehood of facts or when there is a need to calibrate the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the proba...

Petitioner insists that contrary to the ruling of the Court of Appeals, he has the legal personality to institute the annulment of judgment case against Metrobank, considering that the March 25, 2002 deed of assignment he entered into with Louisville and Winston Linwy L. Chua makes him a co-assignee over the subject real properties. For its part, Metrobank claims that it was not a party to the deed of assignment among Louisville, Chua and petitioner, hence, it has no privity of contract with petitioner Rayo. Moreover, Metrobank points out that the real properties had already been extrajudicially foreclosed when petitioner and his assignors executed the deed of assignment. Under Section 2, Rule 3 of the Rules of Court, every action must be prosecuted or defended in the name of the real party-in-interest, or one who stands to be benefited or injured by the judgment in the suit. A real party-in-interest is one with a present substantial interest which means such interest...

Child abuse po ang kaso ng stepfather na 'yan. Ayon po sa batas, ang sexual abuse of children ay "child abuse." Kulong po ang parusa sa kaniya. Makipagugnayan po sa pinakamalapit na prosecutor's office o public attorney's office. RA 7610's Section 3. Definition of Terms. – (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival...