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

CRASH COURSE:  Oh my, Craig has his work cut out for him this week. The process of how a bill becomes a law can be pretty complex, fraught with potential bill-death at every corner. As if just getting through committee isn’t difficult enough, bills have to navigate a series of amendments and votes in both houses, potentially more committees, further compromise bills, and even more floor votes, just to end up on the chopping block of the president. And then in one fell swoop the president can stop a bill in its tracks with a veto! But then again, a presidential veto isn’t necessarily a bill’s end either. As you can see we’ve got to lot to cover, and we’ll be the first to admit this has been covered before, and extraordinarily well might we add, by the folks at School House Rock. But we’ll give it our best shot - without the singing of course. Well, not too much singing anyway. SOURCE:  https://www.youtube.com/watch?v=66f4-NKEYz4 HOW A BILL BECOMES A LAW IN THE PHILIPPINES: Sectio

NEWS BY GMA:  Rank and file employees of the Senate will receive an additional P5,000 monthly allowance for groceries and transportation in recognition of their hard work and dedication, and to cushion the impact of rising price of commodities, Senate President Vicente Sotto III said Monday. SOURCE:  Senate employees to receive additional P5,000 monthly allowance; Published July 30, 2018 11:22am; By AMITA LEGASPI, GMA News; www.gmanetwork.com/news/news/nation/662280/senate-employees-to-receive-additional-p5-000-monthly-allowance/

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 The rule invoked by counsel, namely, that laws of political nature or affecting political relations are considered superseded or in abeyance during the military occupation, is intended for the governing of the civil inhabitants of the occupied territory.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

WHO IS CAMPANILLA? Judge Marlo Bermejo Campanilla rose to prominence when his book “The Revised Penal Code” was published in 2007. And in an almost unprecedented feat, he simultaneously published a 4-volume series in “Special Penal Laws” that (coincidentally) was included in the 2010 Bar Examination. http://rexpublishing.com.ph/articles/law/2017/06/5-things-didnt-know-judge-campanilla/ Below is a discussion by Campanilla on the special complex crime of arson with homicide. [QUOTE]  Under the old Penal Code and the original version of the Revised Penal Code, there is no provision that prescribed a single penalty for arson where death resulted. Since there is no legislative prescription of a single penalty for arson with a resulting death, the Supreme Court in U.S. vs. Burns, G. R. No. 16648, March 05, 1921 convicted the accused of a complex crime of arson with homicide under Article 89 of the Old Penal Code (now Article 48 of the Revised Penal Code. However, under Article 320

Over 300 officials and employees of the Senate were subjected to random drug testing today, led by Senate President Vicente Sotto III and Senator Gregorio Honasan II, who volunteered to undergo the same procedure. The random drug test is done annually at the Senate in compliance with Civil Service Commission Memorandum Circular (CSC) No. 13, s. 2017 that requires all government agencies and offices, including constitutional bodies such as the Senate, to submit a regular report to the Dangerous Drugs Board on the conduct of drug tests and the number of personnel who tested positive, if any. Sotto and Honasan subjected themselves to the drug testing after the weekly flag raising ceremony at the Senate and both senators tested negative for any illegal drug substance. The departments of the Senate were randomly selected for today’s random drug test in order to ensure its impartiality as well as the element of surprise. Both Sotto and Honasan are veterans of drug testing, having

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 the Sp

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

The real Atty. Ralph A. Sarmiento, through his Facebook page, Bar Exam Online Coach & Mentor, issued the following notice to the public. [QUOTE]  This is to give notice to the public that I am not in any way connected with Cashwagon Philippines or with any law firm, company, or collection agency that is trying to collect overdue accounts for and on its behalf. I am also not the owner of cellphone number +639653683125, which is being used by some impostors to text people using my name. There is also no other Atty. Ralph A. Sarmiento in the Roll of Attorneys. The attached photos are screenshots of a text message received from +639653683125, which used my complete name. The recipient of the message immediately informed me, and I called the number and looked for myself! Yes, it was really kinda weird to call a number and look for yourself. A guy answered me and when I asked for myself, he told me that Atty. Ralph A. Sarmiento was still at a hearing. Of course, I had no schedul

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.

In this video, Craig Benzine clears up the role of committees in Congress. We’ll talk about standing committees, joint committees, conference committees, and caucuses (and not the candidate-choosing kinds) as well as the staff agencies that help advise these committees and congresspeople. As most bills never even make it to the house and senate floors for a vote, the role of committees, and their respective chairpersons as gatekeeper is pretty important. There’s a lot to demystify here as the legislative process can seem pretty arcane at times, but the model, at least in theory, helps Congress run more efficiently. SOURCE:  https://www.youtube.com/watch?v=evLR90Dx79M&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=7

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)

President Rodrigo Duterte will soon prohibit open-pit mining possibly through the issuance of an executive order, Malacañang said on Thursday. "He has said it before – he will soon prohibit open-pit mining. I don’t know when but I guess when the Executive Order for this is prepared," Presidential Spokesperson Harry Roque said in a press conference in Ipil, Zambaonga Sibugay. SOURCE:  EO vs. open pit mining being prepared: Palace; By PTV News - KV - July 26, 2018; https://www.ptvnews.ph/eo-vs-open-pit-mining-prepared-palace/

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)

When quoting the Supreme Court, citing a piece of jurisprudence or mentioning a principle, doctrine or theory during the bar examination or during law school examinations, remember the following tips by Atty. Rey Tatad, Jr. (Rephrased to fit the flow of discussion.) [1] The Supreme Court in one case, had the occasion to rule that xxx. [2] In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that xxx. [3] In a litany of cases decided by the Supreme Court, it has been decreed that xxx. [4] In a long string of cases decided by the highest court of the land, xxx. [5] According to several cases decided by the Supreme Court, xxx. [6] In a series of cases decided by the Supreme Court, xxx. NOTE:  Do not use the words series, litany or long-line if there is only one decision/piece of jurisprudence for that topic. (Atty. Rey Tatad, Jr.) [7] In one case decided by the highest court of the land, it was held that xxx. [8] In one case, the Supreme

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, vehicular ac

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

In a rape case in which the complainant claims drunkenness, she must present proof that she resisted even before the sexual act could be consummated and that her drunkeness has deprived her of the will power to give her consent. 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 refus

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 Kongres

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.

PHOTO SOURCE:  https://twitter.com/ilovebeginnings/status/879981385053741056 Dear God, Please, Lord. Let the books be thin. Let the pages be scarce. Save us from enumerations. Let the questions be those which we have read. In the Philippines, going through law school is required as an initial step into getting a legal degree (Bachelor of Laws). It takes about four years to complete. Students can enroll in any law school in the country, which generally requires four years to complete. Then, the next step for the student is to take a Bar exam. However, a four-year degree is required before going to law school.  SOURCE:  https://www.lawstudies.com/Philippines/

PHOTO SOURCE:  Alvesgaspar; 10 September 2015, 13:14:42; The Rape of Proserpina (detail), by Bernini. Galleria Borghese, Roma; https://commons.wikimedia.org/wiki/File:Rape_of_Prosepina_September_2015-2b.jpg Simply pointing at the accused as the perpetrator is not enough to establish the crime of rape. There has to be clear and convincing evidence to prove the allegation that the person charged had carnal knowledge of the complainant against her will. In the case at bar, Elena's testimony, the only basis of conviction by the trial court, fails to convince us that Joel indeed raped Elena. When describing the act of rape, Elena gave the impression that she was a ready and a willing "victim". Thus, when Joel entered their house, "(he) carried me then he lay me down, Sir, in a makeshift bamboo bed, Sir, in our yard" (tsn, July 29, 1994, p. 14). She then injected the element of involuntariness: "I struggled, but he was not able to free me and he said that if I

"[T]he income of a lawyer is not a safe criterion of his professional ability. Many very good lawyers earn but a small income while lawyers of inferior ability may prosper financially. Neither is the length of time a lawyer has practiced a reliable measure of his ability, his competency must be judged by the character of his work." SOURCE:  FRANK B. INGERSOLL, plaintiff-appellee, vs. THE MALABON SUGAR COMPANY, defendant-appellant. Ross, Lawrence & Selph for appellant. John R. McFie, Jr., for appellee. (G.R. No. L-27770; December 31, 1927) FULL TEXT:  In this case, the defendant is a regularly organized corporation. The plaintiff is a lawyer and his complaint sets for six causes of action. He seeks recovery under the first cause of action of the sum of P5,000 as fees for professional services alleged to have been rendered the defendant during the period from January 1, 1924 to March 24, 1925; under the second cause of action of the sum of P3,812.50 as retainer fees at th

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)

Have you heard of the Putang Ina Principle? According to law students, this page is from a book authored by Judge Marlo Bermejo Campanilla. He cited Reyes vs. People (G.R. Nos. L-21528 and L-21529; March 28, 1969) SUPREME COURT:  The charge of oral defamation stemmed from the utterance of the words, "Agustin, putang ina mo". This is a common enough expression in the dialect that is often employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the virtues of a mother. In the instant case, it should be viewed as part of the threats voiced by appellant against Agustin Hallare, evidently to make the same more emphatic. In the case of Yebra, G.R. No. L-14348, Sept. 30, 1960, this Court said: The letter containing the allegedly libelous remarks is more threatening than libelous and the intent to threaten is the principal aim and object to the letter. The libelous

PHOTO SOURCE:  https://i.ytimg.com/vi/sc-HvQMUAbU/maxresdefault.jpg Article 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (Civil Code) It may be extinguished by any of the following: [1] By death of usufructuary unless contrary intention appears (death of the last survivor in case of multiple usufruct). [2] By expiration of the period or fulfillment of resolutory condition (maximum period: lifetime of natural person, 50 years if juridical person.) [3] By merger of usufruct and ownership in one person. [4] By renunciation of the usufructuary [5] By termination of the right of the person constituting the usufruct [6] By prescription ( Art. 603) [7] By total loss of the thing: [a] partial loss; [b] loss of building; [c] legal loss (expropriation); and [d] bad use

QUESTION: Does the inclusion of the right to food and housing guarantee that every Filipino shall have food and housing? ANSWER: No it does not. No constitution can do that. But the significance of having that in the Bill of Rights is that when food is available either for sale at reasonable cost or distribution, then the people have a demandable and a justiciable right to it. NFA can be compelled by appropriate court writ to sell its stock, whatever its contingency plans. In respect to housing, Congress cannot put this concern in the back-burner as citizens who urgently need it may demand it, either administratively or judicially. SOURCE:  Fr. Ranhilio Callangan Aquino; ConCom 2018 Member; https://www.facebook.com/rannieaquino/posts/2108626205833658 The Consultative Committee released the final version of its draft constitution on Tuesday, July 17. The complete copy, found below in downloadable form, incorporates the changes President Rodrigo Duterte asked for during his meetin