PROJECT JURISPRUDENCE

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines Both of the provisions below are under the law on prescription. Article 1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith. The ownership of personal property also prescribes through uninterrupted possession for eight years , without need of any other condition. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, o

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines The provision below is from the law on presumptive death. Article 390. After an absence of seven years , it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (The N

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines It is interesting to note that there are only five six-year rules/provisions under the Civil Code. The first four are under the law on wills and succession. The last one is under the law on obligations (specifically, the law on prescription). Article 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, d

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184) Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his successi

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines Article 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years ; (3) A person who has been in danger of death under other circumstances and his existence has not been known fo

The test by which to determine the existence of negligence in a particular case may be stated as follows: Did the defendant in doing the alleged negligent act use that person would have used in the same situation? If not, then he is guilty of negligence. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet paterfamilias of the Roman law. The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. The law considers what would be reckless, blameworthy, or negligent in the man of ordinary intelligence and prudence and determines liability by that. The question as to what would constitute the conduct of a prudent man in a given situation must of course be always determined in the light of human experience and in view of the facts involved in the particular case. Abstract speculations cannot here be of much value but this much can be profitably said: Rea

The emphasized portion of Sec. 2 which focuses on the State entering into different types of agreements for the exploration, development, and utilization of natural resources with entities who are deemed Filipino due to 60 percent ownership of capital is pertinent to this case, since the issues are centered on the utilization of our country’s natural resources or specifically, mining. Thus, there is a need to ascertain the nationality of petitioners since, as the Constitution so provides, such agreements are only allowed corporations or associations "at least 60 percent of such capital is owned by such citizens." The deliberations in the Records of the 1986 Constitutional Commission shed light on how a citizenship of a corporation will be determined: Mr. BENNAGEN: Did I hear right that the Chairman’s interpretation of an independent national economy is freedom from undue foreign control? What is the meaning of undue foreign control? MR. VILLEGAS: Undue foreign control is

Section 1. Covered corporations: All corporations engaged in identified areas of activities or enterprises specifically reserved, wholly or partly, to Philippine Nationals by the Constitution, the FIA and other existing laws, amendments thereto and IRRs of said laws except as may otherwise be provided therein. Section 2. All covered corporations shall, at all times, observe the constitutional or statutory ownership requirement. For purposes of determining compliance therewith, the required percentage of Filipino ownership shall be applied to BOTH : [1] The total number of outstanding shares of stock entitled to vote in the election of directors; AND [2] The total number of outstanding shares of stock, whether or not entitled to vote in the election of directors. (SEC Memorandum Circular No. 8 dated 20 May 2013)

The Constitution expressly declares as State policy the development of an economy “effectively controlled” by Filipinos. Consistent with such State policy, the Constitution explicitly reserves the ownership and operation of public utilities to Philippine nationals, who are defined in the Foreign Investments Act of 1991 as Filipino citizens, or corporations or associations at least 60 percent of whose capital with voting rights belongs to Filipinos. The FIA’s implementing rules explain that “[f]or stocks to be deemed owned and held by Philippine citizens or Philippine nationals, mere legal title is not enough to meet the required Filipino equity. Full beneficial ownership of the stocks, coupled with appropriate voting rights is essential.” In effect, the FIA clarifies, reiterates and confirms the interpretation that the term “capital” in Section 11, Article XII of the 1987 Constitution refers to shares with voting rights, as well as with full beneficial ownership. This is precisely beca

Regarding the exploitation, development and utilization of natural resources via co-production, joint venture, or production-sharing agreements, Article XII of the 1987 Constitution says that only Filipino citizens or corporations whose capital stock is at least 60% owned by Filipinos can qualify to exploit natural resources. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the FULL CONTROL and supervision of the State. The State may DIRECTLY  undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least SIXTY PER CENT

A corporation shall be considered a Filipino corporation if there is no doubt regarding Filipino ownership of its capital stock with at least 60% and no doubt regarding its 60-40 Filipino-alien equity ownership. Therefore, its shareholdings in another corporation shall be considered to be of Filipino nationality when computing the percentage of Filipino equity of that second corporation. (SEC Opinion dated 6 November 1989; DOJ Opinion No. 18, s. 1989; SEC Opinion dated 23 November 1993)

In an official statement, the Philippine Association of Law Schools (PALS) emphasized that legal education which consists of 152 to 168 units over a span of at least four years requires uncommon patience, diligence and industry that is shared with other professional doctorates. The legal education in the Philippines was first introduced during the Spanish occupation when, in 1734, the University of Santo Tomas established the Faculty of Civil Law. After the Malolos Constitution was ratified, the Universidad Literaria de Filipinas was established by Joaquin Gonzales in 1899; the said institution offered several courses including law. However, the Literaria's existence was short lived as a result of the eruption of the Filipino-American conflict.[3] During the American occupation, specifically in 1911, the University of the Philippines College of Law was established, through the vision and efforts of George Malcolm. The said law institution continues to be the one of the oldest st

This bill is intended to correct the existing treatment of an LLB or JD degree as being just equivalent to an undergraduate degree. (Hon. Belaro, Salvador Jr. B. - 1-ANG EDUKASYON) Please see the full text below.

Senator Sonny Angara said the Department of Tourism (DOT) should embrace "storytelling" as a key component of its marketing efforts to attract more foreign visitors to the Philippines. "Storytelling is a great way of inspiring tourists to explore new things, activities and experiences in the Philippines, which is without a doubt a beautiful and unique country with so many great attractions," Angara said. Angara issued the statement as he joined fellow senators, Richard Gordon and Juan Miguel Zubiri, in urging the DOT to come up with a tourism master plan anchored on storytelling of the rich cultural heritage of the different tourism sites in the Philippines. The senators made the appeal on Monday before the Senate plenary approved the proposed P3.377 billion DOT budget for 2019. Angara is the Senate finance committee vice chairman who sponsored and defended the DOT budget. Angara said the lack of narrative about the country's top tourist destinations cou

The House Committee on Trade and Industry chaired by Rep. Ferjenel Biron (4th District, Iloilo) approved an amended substitute bill which seeks to provide benefits and programs to strengthen, promote, and develop the Philippine startup ecosystem. The proposed “Innovative Startup Act of the Philippines” is principally authored by Rep. Luis Raymund Villafuerte (2nd District, Camarines Sur) and substituted House Bill Nos. 2882, 3057, 6609 and 7803. “Innovative startup” as defined under the bill refers to a registered business entity in the country operating for no longer than 60 months from the commencement of its business operation whose core business function involves an innovative product, process, or business model. Meanwhile, “support service provider” refers to any business entity that provides goods or services that are identified to be crucial in supporting the operation and growth of innovative startups, or enterprises whose core business function, which in the case of corp

The adoption process of some 6,500 "unwanted" children would be soon hastened after Congress ratified a measure, which would do away lengthy court proceedings in the procedure. Hopefully, the measure would be signed into law in time for a week-long Adoption Consciousness Celebration from February 10 to 18. Records from the Department of Social Welfare and Development showed that about 6,500 children have been declared available for adoption, almost 4,000 of them are under the care of the government and non-government residential care facilities. The House of Representatives has been tasked to enroll the harmonized version of Senate Bill 2081 and House Bill 5675 or the "Simulated Birth Rectification Act of 2018" before it could be transmitted to Malacanang for the President's signature. Under the measure, prospective parents need not undergo the lengthy judicial process in the adoption of a child, which usually takes more than six months to complete. T

Duterte once again displayed his patent disdain for human rights when he called human rights defenders (HRDs) as "enemies of the State." Combine this label with his previous threats and this will most likely make human rights advocates targets for harm, harassment or even liquidation. Expectedly the spokesperson clown Panelo would justify Duterte's statements as a mere "hyperbole" or even joke. But no amount of rationalization would undo this conditioning of the President and his lackeys that could endanger the lives of HRDs once his fanatical followers, misguided security forces and death squads take Duterte's cue seriously. Even before this ominous pronouncement, human rights groups report that 85 HRDs have been murdered under the Duterte regime, including Benjamin Ramos, lawyer of farmer victims of the Sagay Massacre in Negros Occidental. Sino ba ang mga HRDs? Bakit tulad ng mga pari, galit na galit sa kanila si Duterte? Ano ba ang papel nila sa lip

The Commission on Higher Education (CHED), in a strongly-worded press release, disagrees with the recent resolution issued by the Legal Education Board (LEB) regarding the treatment of law degrees as doctorate. It appears from this press release that CHED is invoking its jurisdiction over graduate schools and is of the opinion that "basic law degrees" cannot be treated equal to doctor's degrees.

Senator Joel Villanueva welcomed on Thursday the signing into law of his bill which allows employees in the private sector to telecommute or work-from-home. RA 11165 or An Act Institutionalizing Telecommuting as an Alternative Work Arrangement for Employees in the Private Sector encourages employers to adopt telecommuting - a work arrangement that allows an employee to work from an alternative workplace with the use of telecommunication and/or computer technologies. While the adoption of the work-from-home scheme will remain as employers' prerogative based on a mutual agreement between the employer and the employee, Villanueva stressed that the telecommuting program should not be less than the minimum labor standards set by law including that for health and safety of workers, schedule and workloads, work hours and social security. "We thank the President for supporting our bill that will promote our workers' right to work-life balance and flexible work arrangement,&

Filipinos are one step away from having access to more innovative technical vocational programs and becoming more competitive in labor force competencies. The House of Representatives recently ratified the bicameral conference report on the consolidated version of House Bill 8139 and Senate Bill 1431 or the proposed “Tulong-Trabaho Act,” which seeks to institute a Philippine Labor Force Competencies Competitiveness Program and provide free access to Technical-Vocational Education and Training (TVET). The measure recognizes that the State shall ensure the prosperity and independence of the nation, and free the people from poverty through policies that provide adequate social services, promote full employment, increase the standard of living, and improve the quality of life. Thus, the Tulong-Trabaho Bill aims to reinforce the qualifications of the Filipino workforce to keep pace with the rapidly evolving workplaces and work structures, as well as encourage the participation of ind

Like succession in civil law, estate tax requires the death of a person. Corporations do not die in this sense. Hence, only individuals are liable to pay estate tax; they are resident citizens, non‐resident citizens, resident aliens and non-resident aliens. Domestic and foreign corporations are subject only to donor's tax and not to estate tax because it is not capable of death but is capable of donating its property.

The properties and rights are transferred to the successors at the time of death. (Article 777, Civil Code of the Philippines) The statute in force at the time of death of the decedent governs the imposition of the estate tax. The estate tax accrues as of the death of the decedent. The accrual of the tax is distinct from the obligation to pay the same. Under Revenue Regulation 12-2018, an estate tax return must be filed within one year from death and the rule on payment is pay-as-you-file, except when extension, installment or partial disposition is granted.

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE: Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines Article 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. Article 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, prov

Resolution No. 2019-406 of the Legal Education Board has resolved that law degrees such as Bachelor of Laws and Juris Doctor be considered equivalent to doctor's degrees for purposes of appointment, employment, ranking and compensation.

[ NO RECOMMENDED CITATION ] PJP UNDOCKETED : This content is yet to be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . The rules providing for pre-trial discovery of testimony, pre-trial inspection of documentary evidence and other tangible things, and the examination of property and person, was an important innovation in the rules of procedure. The promulgation of this group of rules satisfied the long-felt need for a legal machinery in the courts to supplement the pleadings for the purpose of disclosing the real points of dispute between the parties and affording an adequate factual basis in preparation for trial (Fortune Corporation vs. Court of Appeals, G.R. No. 108119, Janua

All provisions below are taken from the Civil Code of the Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. SOURCE:  Civil Code of the Philippines. From Wikipedia, the free encyclopedia. https://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines [1] Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. [2] Article 555. A possessor may lose his possession: (1) By the abandonment of the thing; (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of anoth