PROJECT JURISPRUDENCE

Here are the unauthorized deductions according to Labor Advisory No. 11, Series of 2014. [1] Company uniforms [2] Cash deposits for loss [3] Cash deposits for damage [4] Personal protective equipment [5] Capital share or capital build-up in service cooperatives [6] Training fees [7] Other deductions not allowed by law or regulations

THE SUSPENSION OF POLITICAL LAWS DURING BELLIGERENT OCCUPATION DOES NOT APPLY TO THE ENEMIES IN ARMS. The rule invoked by counsel, namely, that laws of political nature or affecting political relations are considered superseded or in abeyance during the military occupation, is intended for the governing of the civil inhabitants of the occupied territory. It is not intended for and does not bind the enemies in arms. This is self-evident from the very nature of things. The paradox of a contrary ruling should readily manifest itself. Under the petitioners' theory, the forces of resistance operating in an occupied territory would have to abide by the outlawing of their own existence. They would be stripped of the very lifeblood of an army, the right and the ability to maintain order and discipline within the organization and to try the men guilty of breach thereof. (Ruffy vs. Chief of Staff; G.R. No. L-533, August 20, 1946)

Here are important pieces of jurisprudence discussing the law and the rules on forcible entry and unlawful detainer . These actions are sometimes called " ejectment " or " eviction ." [1] Aliabo v. Carampatan, G.R. No. 128922, March 16, 2001, 354 SCRA 548 [2] Amagan v. Marayag, G.R. No. 138377, February 28, 2000 [3] Atuel v. Valdez, June 10, 2003, 403 SCRA 517, 528 [4] Barangay Piapi vs. Talip, 469 SCRA 409 [2005] [5] Benedicto v. CA, G.R. No. 157604, October 19, 2005 [6] Benguet Corporation v. Cordillera Caraballo Mission, Inc., G.R. No.155343, September 2, 2005 [7] Bunyi v. Factor, G.R. No. 172547, June 30, 2009 [8] Canlas v. Tubil, G.R. No. 184285, September 25, 2009 [9] Domagas v. Jensen, G.R. No. 158407, January 17, 2005 [10] Dumo v. Espinas, G.R. No. 141962, January 25, 2006 [11] Esmaquel v. Sordevilla, G.R. No. 152423, December 15, 2010 [12] Hilario v. Salvador, G.R. No. 160384, April 29, 2005, 457 SCRA 815 [13] Larano v. Sps. Calendacion, G.R...

Good and legible handwriting is very important in law school and during the Bar examination. It is not clear why the Supreme Court has decided to stick to this handwritten-essay method of testing bar candidates but it has been this way for more than a hundred years now. What makes people feel uncomfortable is the apparent lack of relationship between practice of law and handwriting. Nowadays, lawyers use computers to draft and print their pleadings and other documents. It would seem that requiring bar examinees to write answers by hand is quite old-fashioned, considering that testing can also be done with computers and special programs with the same level of confidence in the results thereof. This method of testing allows more bias in the examiners because handwriting becomes a factor in checking, instead of merely focusing on the law, language and logic exhibited in the candidates' answers. What aggravates this is the fact that, most of the time, examiners are longstanding exp...

What are the three (3) kinds of donation? There are three (3) kinds of donation under Philippine civil law: inter vivos (during the lifetime); mortis causa (upon/after death or by reason of death); and propter nuptias (by reason of marriage). [1] Inter Vivos. When the donor intends that the donation take effect during his lifetime, though the property shall not be delivered till after the donor's death, there is donation inter vivos. (Art. 729 of the Civil Code) [2] Mortis Causa.  Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions and shall be governed by the rules established under the law on succession. (Art. 728 of the Civil Code) [3] Propter Nuptias. Donations made by reason of marriage, before its celebration, in consideration of the same, and in favor of one or both of the future spouses are called "donacions propter nuptias." (Art. 81 of the Family Code).

Rule 14, Sec. 20. Voluntary appearance. The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. (Rules of Court) In short, voluntary appearance cures the defect in the service of summons. Is there an exception to this rule? Yes. Special appearance in court to challenge its jurisdiction over the person of the defendant and the inclusion in a motion to dismiss of other grounds shall not be deemed a voluntary appearance. (La Naval Drug Corp. vs. CA, G.R. No. 103200, August 31, 1994)

In this video, Craig Benzine explores the leadership structure of congress. We’ll break out the clone machine to examine the responsibilities of the speaker of the house, the majority and minority leaders as well as the majority and minority whips in both the Senate and the House. As the leadership heavily influences assignments to committees and acts as the primary point of contact with the media, they wield significant power in influencing the public dialog. SENATE PRESIDENT:  The President of the Senate of the Philippines (Filipino: Pangulo ng Senado ng Pilipinas), or more popularly known as the Senate President, is the presiding officer and the highest-ranking official of the Senate of the Philippines, and third highest and most powerful official in the Government of the Philippines. He/she is elected by the entire body to be their leader. The Senate President is second in line in succession for the presidency, behind the Vice President of the Philippines and in front of th...

If the accused could have perpetrated the crime even without occupying his position, there is no abuse of public position. (G.R. Nos. 140407-08; January 15, 2002) The Supreme Court agrees with the Solicitor General that the trial court improperly applied the aggravating circumstance of taking advantage of public position as provided for in Article 14, paragraph 1 of the Revised Penal Code. To appreciate this aggravating circumstance, the public officer must use the influence, prestige or ascendancy which his office gives him as a means by which he realizes his purpose. The essence of the matter is presented in the inquiry Did the accused abuse his office to commit the crime? In this case, there was no showing that accused-appellant took advantage of his being a policeman to shoot Jelord Velez or that he used his influence, prestige or ascendancy in killing the victim. Accused-appellant could have shot Velez even without being a policeman. In other words, if the accused could h...

What is the meaning of donation in civil law? Donation is an act or liberality whereby a person disposes gratuitously of a thing or right in favor of another who accept it. (Art. 725) What are its characteristics? Characteristics of donation are: [1] Consent, subject matter, cause [2] Necessary form. [3] Consent or acceptance of the donee [4] Irrevocability, except for legal causes [5] Intent to benefit the donee (animus donandi) [6] Resultant decrease in the assets or patrimony of the donor.

Generally, there are two (2) kinds of modes of acquiring ownership: original and derivative. Derivative modes refer to those where there is a previous owner. Original modes refer to those where the person who acquires ownership is the first owner. [1] Original modes: Occupation and intellectual creation. [2] Derivative modes: Law, donation, testate and intestate succession, tradition as a consequence of certain contracts, prescription. (Art. 712 of the Civil Code) CIVIL CODE:  Article 712. Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription.

There is forum shopping when, as a result of an adverse opinion in one forum, a party seeks a favorable opinion, other than by appeal or certiorari in another. There can also be forum shopping when a party institutes two or more suits in different courts, either simultaneously or successively, in order to ask the courts to rule on the same or related causes and/or to grant the same or substantially the same reliefs on the supposition that one or the other court would make a favorable disposition or increase a party’s chances of obtaining a favorable decision or action. (Huibonhoa v. Concepcion, August 3, 2006)

In order that incomplete self-defense may be successfully appreciated as a mitigating circumstance, it is necessary that a majority of the requirements of self-defense be present, particularly the requisite of unlawful aggression on the part of the victim. Unlawful aggression by itself or in combination with either of the other two requisite suffices to establish incomplete self-defense. Absent the unlawful aggression, there can never be self-defense, complete or incomplete, because if there is nothing to prevent or repel , the other two requisites of defense will have no basis. (People vs. Sta. Maria: G.R. No. 171019, 23 February 2007)

The Age Gap Between the Victim and Appellant Negates Force, Threat or Intimidation.  "AAA's" state of "shivering" could not have been produced by force, threat or intimidation. She insinuates that she fell into that condition after Meneses had sexual intercourse with her. However, their age gap negates force, threat or intimidation; he was only 14 while "AAA" was already 24, not to mention that they were friends. In addition, per "AAA's" own declaration, Meneses and appellant did not also utter threatening words or perform any act of intimidation against her. (G.R. No. 212193; February 15, 2017)

The issues are: (1) whether the Court of Appeals erred in sustaining the conviction of petitioner for grave oral defamation in Criminal Case No. 139-94, and (2) whether the Court of Appeals erred in sustaining the conviction of petitioner for serious slander by deed in Criminal Case No. 140-94. Anent the first issue, Article 358 of the Revised Penal Code provides: Art. 358. Slander. – Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding 200 pesos. Slander is libel committed by oral (spoken) means, instead of in writing. The term oral defamation or slander as now understood, has been defined as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. There is grave slander when it is of a serious and insulting n...

The elements of the crime of theft as provided for in Article 308 of the Revised Penal Code are as follows: (1) that there be taking of personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the owner; and (5) that the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Theft becomes qualified when any of the following circumstances under Article 310 is present: (1) the theft is committed by a domestic servant; (2) the theft is committed with grave abuse of confidence; (3) the property stolen is either a motor vehicle, mail matter or large cattle; (4) the property stolen consists of coconuts taken from the premises of a plantation; (5) the property stolen is fish taken from a fishpond or fishery; and (6) the property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity...

DOCTRINE OF PARENS PATRIAE - In Fontain vs. Ravenel (17 How., 369, 384), Mr. Justice McLean, delivering the opinion of the court in a charity case, said: "When this country achieved its independence, the prerogatives of the crown devolved upon the people of the States. And this power still remains with them except so far as they have delegated a portion of it to the Federal Government. The sovereign will is made known to us by legislative enactment. The State as a sovereign, is the parens patriae." Chancelor Kent says: "In this country, the legislature or government of the State, as parens patriae, has the right to enforce all charities of a public nature, by virtue of its general superintending authority over the public interests, where no other person is entrusted with it." (4 Kent Com., 508, note.) The Supreme Court of the United States in Mormon Church vs. United States, supra, after approving also the last quotations, said: This prerogative of p...

CASE: Three things are thus clear from the testimony of "AAA:" first, appellant never employed the slightest force, threat or intimidation against her; second, "AAA" never gave the slightest hint of rejection when appellant asked her to have sex with him; and, third, appellant did not act with force since he readily desisted when "AAA" felt the slightest pain and tried to move during their sexual congress. "AAA" could have resisted right from the start. But she did not, and chose not to utter a word or make any sign of rejection of appellant's sexual advances. It was only in the middle of their sexual congress when "AAA" tried to move which can hardly be considered as an unequivocal manifestation of her refusal or rejection of appellant's sexual advances. In People v. Amogis, this Court held that resistance must be manifested and tenacious. A mere attempt to resist is not the resistance required and expected of a woman...

Many law students work and study at the same time. It's not easy but this has never been proved as an absolute hindrance to finishing law school and passing the bar. For this reason, law professors have been very liberal in favor of working students, especially in recitations, but strict against full-time students, also called "professional students." This is under the presumption that working students have less time to study and professional students have all day to do their homework. This liberality also applies to attendance. In most law schools and for most law professors, attendance is one of the components of the grading system. However, as all law students and lawyers know, although some professors go the extra mile and discuss certain topics, law school is mostly about recitations. The professor asks questions and the students have to answer them corrects. That's all. And so, other professors have thought of a way to make sure that working students, who ...

In this video, Craig Benzine talks about the importance of elections. But he isn’t going to focus on presidential elections, but instead those of the strongest part of our government: congressional elections. Craig will talk about the frequency of elections in the Senate and House, typical characteristics of a candidate, and the motivating factors our congresspeople follow to get re-elected. Philippine Elections are of several types. The president, vice-president, and the senators are elected for a six-year term, while the members of the House of Representatives, governors, vice-governors, members of the Sangguniang Panlalawigan (provincial board members), mayors, vice-mayors, members of the Sangguniang Panlungsod/members of the Sangguniang Bayan (city/municipal councilors), barangay officials, and the members of the Sangguniang Kabataan (youth councilors) are elected to serve for a three-year term. https://en.wikipedia.org/wiki/Elections_in_the_Philippines The Congress or Kon...

1. What is the difference in between the rule in convening an assembly and the rule in convening a convention for purposes of proposing amendments to or revisions of the Constitution? 2. What is the doctrine of proper submission? 3. What are the tests in determining whether a change is an amendment or a revision? 4. Does the President have the power to discipline the Ombudsman? 5. What is the expanded power of judicial review? 6. In case of election disputes in a barangay, a city, a municipality, a province or a national position, where should the election case be filed? 7. Can the Commission on Audit (COA) probe the Boy Scout of the Philippines (BSP)? 8. What are the two (2) instances in which the State is said to be not immune from suit? Explain. 9. What is the "incidental function rule" in state immunity from suit? 10. Is entering into a contract by the State an automatic indication of non-immunity from suit? What is the rule? Explain. 11. Can a foreign...

Tuwing may problema sa usapan ang mga Pinoy, malimit naririnig na "wala namang kontrata." Mali itong pananaw na ito dahil hindi ipinaguutos ng batas na lahat ng usapan ay nakasulat. Hindi dahil walang nakasulat ay wala nang kontrata. Ayon sa Batas Sibil (Civil Code of the Philippines), ang kontrata ay isang usapan. Kapag nagtugma ang isip ng dalawa o higit pang mga tao at pumayag sila na gawin o ibigay o huwag gawin ang isang bagay, may kontrata na. Sabi sa Article 1356, ubligado ang mga partido sa isang usapan na sundin ang kanilang pinagkasunduan anuman ang porma ng usapan: nakasulat man o hindi. Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Article 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present.

For this aggravating circumstance to exist, it is essential to show that the confidence between the parties must be immediate and personal such as would give the accused some advantage or make it easier for him to commit the criminal act. The confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended party's belied that the former would not abuse said confidence. In this case, while the victim may have intimated her fear for her safety for which reason she entrusted her jewelry and bank book to Erlinda Arrojado Magdaluyo, her fears were subsequently allayed as shown by the fact that she took back her personal effects from Erlinda. Thinking that accused-appellant would not do her any harm, because he was after all her first cousin, the victim allowed accused-appellant to sleep in the same room with her father and left the bedroom doors unlocked. (G.R. No. 130492; January 31, 2001)

[A]s to the remark made by petitioner to his co-teacher (Paulino Orito), in answer to the plea that Jamilano should have first reported the incident to the Academy Trustees — "board of trustees, puwit nila" — the anatomical expletive does not appear to have been made with deliberate intent to denigrate the Trustees, but as an expression, in the heat of pique or chagrin of a belief that the affair was not within the jurisdiction of the trustees. The anatomical expletive of petitioner’s remark to his co-teacher — "board of trustees, puwit nila," — upon being told that he should have first reported the incident to the board, does not appear to have been made with deliberate intent to denigrate the Trustees, but an expression in the heat of pique or chagrin, of a belief that the affair was not within the jurisdiction of the Trustees. (G.R. No. L-26059; October 31, 1969)

The aggravating circumstance of nighttime is absorbed by treachery. Nighttime was evidently an integral part of the peculiarly treacherous means and manner adopted to ensure the execution of the crime, or that it facilitated the treacherous character of the attack. (People vs. Ancheta, G.R. No. 143935, 04 June 2004, 431 SCRA 42; People vs. Costales, G.R. Nos. 141154-56, 15 January 2002, 373 SCRA 269)

Where conspiracy is directly established, with proof of the attendant deliberation and selection of the method, time and means of executing the crime, the existence of evident premeditation can be taken for granted. However, where no such evidence exists, and where conspiracy is merely inferred from the acts of the accused in the perpetration of the crime, as in the case at bar, the above requisites of evident premeditation need to be established. (People vs. Mondijar; G.R. No. 141194, 21 November 2002, 392 SCRA 356)

JARABINI G. DEL ROSARIO, Petitioner, vs. ASUNCION G. FERRER, substituted by her heirs, VICENTE, PILAR, ANGELITO, FELIXBERTO, JR., all surnamed G. FERRER, and MIGUELA FERRER ALTEZA, Respondents. (G.R. No. 187056; September 20, 2010) FACTS:  There was a donation by the spouses to their children and granddaughter captioned as “Donation Mortis Causa,” stating that it is not revocable. DEFECTS: It had no attestation clause, and had only two (2) witnesses. ACTION OF THE DONEES: The donees accepted the donation. After the death of one of the donors, the donation was submitted to probate but the Regional Trial Court made a ruling to the effect that it should be considered, despite of the caption, a donation inter vivos due to its irrevocability. The The Court of Appeals, on appeal, ruled it to be one of mortis causa and since it did not comply with the formalities of a will, it is void. ISSUE: Is the CA correct in its ruling? HELD: No, the CA is not correct. The desig...

WAGE INCREASE ALERT! Wage increase in Central Visayas will take effect on August 3, 2018. https://www.facebook.com/dole.nwpc/posts/2085082241515673

The Consultative Committee's draft removes the phrase "human rights" in this declaration of principle and policy. PRESENT CONSTITUTION:  Section 11. The State values the dignity of every human person and guarantees full respect for human rights. (Article II of the 1987 Constitution) PROPOSED FEDERAL CONSTITUTION:  The Federal Republic values the dignity of every human person and guarantees full respect for human rights the person and the right of all citizens to participate in all government processes.

The general rule is clearly provided for by the 1987 Constitution of the Philippines. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel. An accusation, according to the fundamental law, is not synonymous with guilt. If a candidate is disqualified from running for public office on the ground alone that charges have been filed against him before a civil or military tribunal, this being by virtue of a law, said law must be struck down as unconstitutional for it directly goes against the constitutional presumption of innocence. We must remember that it is very easy to initiate a case against anyone. If this alone were to be enough basis to disqualify a candidate, then our people would be faced by a situation where no one can run for public office anymore. The kind of law stated above is one which condemns before it hears. In ultimate effect, except as to the degree of proof, no d...

The public is advised that there are Facebook [posts] on Taxpayer Identification Number (TIN) service like BIR TIN ID ASSISTANCE. These are not authorized/sanctioned by BIR. Please do not be deceived or [misled] by such messages/[posts]. TIN cards are not for sale and are only issued/released by BIR. Those issued by individuals are considered illegal and fraudulent.

GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS ARE NOT GOVERNMENT ENTITIES. - Does the fact that these corporations perform certain functions of government make them a part of the Government of the Philippines? The answer is simple: they do not acquire that status for the simple reason that they do not come under the classification of municipal or public corporation. Take for instance the National Coconut Corporation. While it was organized with the purpose of "adjusting the coconut industry to a position independent of trade preferences in the United States" and of providing "Facilities for the better curing of copra products and the proper utilization of coconut by-products," a function which our government has chosen to exercise to promote the coconut industry, it however was given a corporate power separate and distinct from our government, for it was made subject to the provisions of our Corporation Law in so far as its corporate existence and the powers th...

Section 11 of Rule 119 of the 2000 Rules of Criminal Procedure provides the following. The trial shall proceed in the following order: [1] The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. [2] The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case. [3] The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. [4] Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. [5] When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. The procedure in Section 3 of Rule 119 observed...

A draft of the proposed Federal Constitution has been released by the Consultative Committee (ConCom) tasked to review and attempt to rewrite the 1987 Constitution. The first provision under Article III (Bill of Rights) is completely new. The rights under this article are demandable against the State and non-state actors, and their enforcement shall be consistent with international standards. (Section 1 of Article III of the New Federal Constitution) Fr. Ranhilio Callangan Aquino, on Facebook, explained this. QUESTION: Section 1 of Article III is completely new. What is its significance? ANSWER:  First, the rights enumerated under the article are demandable not only against the State but even against non-State actors. It has been traditional doctrine that the rights guaranteed by the Bill of Rights are demandable only against the State. So a curious neighbor who rummages through your belongings for evidence of your addiction would not be violating the guarantee aga...

[1] The driver of a vehicle entering a highway from a private road or drive shall yield the right of way to all vehicles approaching on such highway. [2] The driver of a vehicle upon a highway shall yield the right of way to police or fire department vehicles and ambulances when such vehicles are operated on official business and the drivers thereof sound audible signal of their approach. [3] The driver of a vehicle entering a "through highway" or a "stop intersection" shall yield the right of way to all vehicles approaching to either direction on such "through highway": Provided, That nothing in this subsection shall be construed as relieving the driver of any vehicle being operated on a "through highway" from the duty of driving with due regard for the safety of vehicles entering such "through highway" nor as protecting the said driver from the consequence of an arbitrary exercise off such right of way. (Section 43 of the Land ...

FUNCTIONS OF THE GOVERNMENT; CONSTITUENT AND MINISTRANT. - To begin with, it must be stated that the term "Government" may be defined as "that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them." (U.S. vs. Dorr, 2 Phil. 332) This institution, when referring to the national government, has reference to what our Constitution has established composed of three great departments, the legislative, executive, and the judicial, through which the powers and functions of government are exercised. These functions are twofold: constituent and ministrant. The former are those which constitute the very bonds of society and are compulsory in nature; the latter are those that are undertaken only by way of advancing the general interests ...

So federalism is a little confusing because it includes the word, "federal," as in federal government, which is what we use to describe the government of the United States (US) as a whole. So what is federalism? Most simply, it is the idea that in the US governmental power is divided between the government of the United States and the government of the individual states. The government of the US, the national government, is sometimes called the federal government, while the state governments are just called the state governments. This is because technically the US can be considered a federation of states. In the federal system, the national government takes care of some things, like for example, wars with other countries and delivering the mail, while the state government takes care of other things like driver's license, hunting licenses, barber's licenses, dentist's licenses, etc. Pretty simple right? Maybe not. For one thing, there are some aspects of go...

Obviously, the High Court was not (and is still not) capable of looking into the future. In 2016 alone, the Land Transportation Office (LTO) reported a whopping number of 9,251,565 motor vehicles registered. This figure reflects only a one-year (twelve-month) period. Just imagine 10,000,000 new registrations every year. THE SUPREME COURT IN 1969:  Very little need be added to show that neither do bus passengers have a vested right to be transported directly into the City of Manila. It would suffice if a statement be here made that the alleged right of bus passengers, to a great extent, is dependent upon the manner public services are allowed to operate within a given area. Because, regulations imposed upon public services directly affect the bus passengers. It is quite obvious that if buses were allowed to load or unload solely at specific or designated places, a passenger cannot legally demand or insist that the operator load or unload him at a place other than those spec...

In property law, ownership and possession are very important concepts. Possession has many kinds. [1] Possession in one's own name (as by the owner) or the name of another (as by the agent). (Art. 524) [2] Possession in another's name may be voluntary, necessary or unauthorized. [3] Possession in the concept of owner or of the holder. (Art. 525) This refers to concept of other people derived from the acts of the possessor. [4] Possession in good faith and in bad faith.

To consider evident premeditation, it is necessary that the following requisites be met: (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused clung to his determination; and (c) a lapse of time, between the determination to commit the crime and the execution thereof, sufficient to allow him to reflect upon the consequences of his act. In the present case, no evidence was presented by the prosecution as to when and how appellant planned and prepared for the killing of the victim. There is no showing of any notorious act evidencing a determination to commit the crime which could prove appellant’s criminal intent. Hence, we cannot agree that there was evident premeditation here, on appellant’s part. (People vs. Comadre, G.R. No. 153559, 08 June 2004, 431 SCRA 366)

1. Can there be more than one (1) union in a bargaining unit? Why or why not? 2. Can there be more than one (2) legitimate labor organization in a bargaining unit? Why or why not? 3. Can there be more than one sole and exclusive bargaining agent (SEBA) in a bargaining unit? Why or why not? 4. What is the difference between Book III of the Labor Code and its Book V? 5. Give at least three (3) tests in determining whether a bargaining unit is proper and briefly explain each. 6. The Labor Code requires the registration of a union before it becomes a legitimate labor organization. Does this violate the Constitution’s guarantee of freedom of association? Why or why not? 7. Give at least three (3) groups of people who cannot unionize for purposes of collective bargaining and briefly explain each. 8. What is the 20% requirement in case of independent registration? What is the difference between this requirement and the 25% requirement? 9. H...