PROJECT JURISPRUDENCE

"Financial capability to wage a nationwide campaign" means "enough money" and it is one of the requirements to run for a national elective office. In fact, a candidate who cannot "afford to wage a nationwide campaign and/or [who] are nominated by political parties" are declared by the Commission on Elections (COMELEC) as "nuisance candidates." In Filipino, they are considered "mga panggulo lang." (G.R. No. 161872 and G.R. No. 177179) A "nuisance candidate" is one who "has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate." In 2004, a petition was f

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. [1] Is the Preamble an important part of the Constitution? [2] Does it have any function? [3] What does Estrada v. Escritor teach about the Preamble? [4] What does Re: Tony Q. Valenciano teach about the Preamble? [5] Why does the Preamble say "sovereign Filipino people"? [6] Why does the Preamble say "establish a Government"?

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. [1] What does the National Territory (NT) comprise? [2] What is an archipelago? [3] How do other territories become part of our NT? [4] What are insular shelves? [5] What is the doctrine of regime of islands? [6] What is the archipelagic doctrine? [7] Is Article I consistent with the regime of islands doctrine? [8] What are baselines? [9] What are the two types of baselines? [10] What is the purpose of baselines? [11] Is the straight baseli

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. [1] It is neither a part nor an important part of the 1987 Constitution. If it were, it would be Article I but it is not. [2] It has 75 words. The Preamble to the US Constitution has 52 words while the longest is the Preamble to the Constitution of India, which has 85 words. [3] Our Preamble is one of the 8 most notable preambles to the Constitutions of the world. Others are the Preamble to the United Nations Charter, the Preamble to the Constitution of India, the Preamble to the United States Constitution, the Pream

Many people say that Republic Act No. (RA) 9262 protects only females or "women," as used in the law itself. RA 9262 is more popularly known as the Anti-Violence against Women and their Children (Anti-VAWC) Act. Said law declares as a policy that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children , from violence and threats to their personal safety and security. Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party. Therefore, the law

If the person claiming to be the owner of the property is in actual possession thereof, the right to seek reconveyance, which in effect seeks to quiet title to the property, DOES NOT PRESCRIBE , the reason being that one who is in actual possession of a piece of land claiming to be the owner thereof may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. (Aliño vs. Heirs of Angelica A. Lorenzo) "Does not prescribe" (imprescriptible) refers to the legal status of a right being NOT subject to acquisition or loss despite lapse of time. In other words, if a right is imprescriptible, it cannot be lost by the owner or acquired by another person. It remains. In order that an action for quieting of title may prosper, two requisites must concur: [1] The plaintiff or complainant has a legal or equitable title or interest in the real property subject of the action; and [2] The deed, claim, encumbrance, or proceeding clai

In Kokubu v. Tongo, it was found that respondents used the firm name Calatrava Tongo Law Office in a letter addressed to the Department of Foreign Affairs (DFA). Respondent Atty. Rodrigo T. Tongo (Tongo) likewise used the same firm name in two letters addressed to complainant and his client's (Marcial G. Digal's) parents. Respondent Atty. Remie A. Calatrava (Calatrava) allowed respondent Tongo to indicate his name in respondent Tongo's letterhead despite his categorical statement that they were not partners and that they practice their profession independently. Thus, the use of the firm name Calatrava Tongo Law Office is clearly violative of Rule 3.02, Canon 3 of the Code of Professional Responsibility (CPR), for misleading the public. Rule 3.02, Canon 3 of the CPR states: Rule 3.02 —  In the choice of a firm name, no false, misleading or assumed name shall be used.  The continued use of the name of a deceased partner is permissible provided that the firm indicates in a

Supreme Court decisions can sometimes be too long. The best examples of such are the cases of Poe-Llamanzares v. Comelec and Francisco v. House. The majority opinion in Poe-Llamanzares has 18,308 words. However, the full text of the case, including separate opinions, has 688 pages . That is almost the length of a typical law textbook. Writing about the above-mentioned case, Tan (2016) observed: "[T]he 688-page decision will torment students and generate fascinating debate in the coming years. This is normal. The most intimate Supreme Court debates are intergenerational. Our most powerful ideas draw strength not just from intellectual rightness, but from the weight of history shaped by far more than a single decision or a single set of justices." The decision in Francisco is one of the most traumatic cases to read in law school. In fact, the majority decision alone has 30,377 words . In the United States, the opinions in Citizens United v. Federal Election Commission,

In Part 1, we focused on things you should expect when you enter law school. In Part 2, the discussion involved specific and general subjects in law school. Please read Parts 1 and 2 before proceeding with the content below. This is Part 3. This time, we focus on textbooks, codals and cases. In the next parts, we will look into recitations, exams and quizzes. [1] Do not immediately buy textbooks. You may buy the wrong author or the wrong version. An example of this would be an experience by my classmate in law school. She heard that our labor law professor's favorite book was Azucena so she immediately bought one online. Unfortunately, she bought Azucena's Everyone's Labor Code, same author but different target audience (undergraduate students). It is best to wait for the professor's prescribed book or recommendation. If he does not have any, wait until he starts asking questions during recitation or watch out for whatever book he carries around with him or reads

Craft involves intellectual trickery and cunning on the part of the accused. When there is a direct inducement by insidious words or machinations, fraud is present. Craft can be used in order not to arouse the suspicion of the victims and thus make them vulnerable to the accused's criminal minds. In one case, the accused tricked the victims by pretending that they needed a ride. (G.R. No. 113245-47. August 18, 1997) On 12 January 1991, Fidel Manio and Saturnina Bioser, with eight-year old Mark Anthony Malinao, were on board a "Toyota Tamaraw" on their way to Calumpit, Bulacan. When the vehicle momentarily stopped at the "Malolos crossing," Manuzon, a distant relative and former worker of Manio, approached the vehicle and asked Manio if he (Manuzon) and his three companions, namely, Bayan, Ramos and Disipulo, could be allowed to hitchhike. Manio acceded. The "hitchhikers" took the backseat of the vehicle. At the Alido Heights along MacArthur Highway

This is Part 2 of PJP's on-going series on things you need to know before you decide to go to law school. In Part 1, the last item was on the number of textbooks and pages per day that law students have to read. Here, we start with specific subjects offered in law school and the eight general Bar examination subjects. [1] There are eight general Bar examination subjects. They are: [a] Political law; [b] Labor law; [c] Civil law; [d] Criminal law; [e] Commercial law; [f] Tax law; [g] Remedial law; and [h] Ethics law. [2] These general subjects are divided into specific ones. For example, political law is divided into political law proper (structure of government), constitutional law (rights and government powers), public international law, administrative law, law on public officers and election law. [3] Labor law is divided into labor standards, labor relations and social legislation. [4] Civil law is divided into law on agency, conflict of laws, human relations la

In Ateneo de Manila University v. Capulong, the Court held that Guzman v. National University, not Ang Tibay v. CIR, is the authority on the procedural rights of students in disciplinary cases. Ang Tibay is the authority regarding due process in administrative proceedings. Guzman laid down the minimum standards in the imposition of disciplinary sanctions in academic institutions, as follows: It bears stressing that due process in disciplinary cases involving students does not entail proceedings and hearings similar to those prescribed for actions and proceedings in courts of justice. The proceedings in student discipline cases may be summary; and cross-examination is not, contrary to petitioners’ view, an essential part thereof. There are withal minimum standards which must be met to satisfy the demands of procedural due process ; and these are, that the students must be informed in writing of the nature and cause of any accusation against them; they shall have the right to answe

Before you go to law school, here are basic things you need to know./For Regina Phalange [1] In law school, professors almost never teach you. They do sometimes point out information or clarify certain details but that seldom happens. If you find a law professor who explains everything to the class, you are lucky. [2] In a sense, law school is easier than undergraduate schools. There are only five requirements: (a) read the books; (b) read the cases; (c) attend classes; (d) try your best during recitation; and (e) do well in exams and quizzes. [3] In another sense, law school is harder than undergraduate schools because textbooks and Supreme Court decisions (jurisprudence) are not very easy to understand. Before entering law school, be sure to understand the basics of our legal system. [4] Speaking of the basics of our legal system,"law" is a general term which refers to the body of rules of conduct that govern our society. "Law," in the strict sense, includ

Republic Act No. 10361 or the Domestic Workers Act (also known as Batas Kasambahay) recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. This is why the law has laid down six (6) basic rights of a domestic worker. Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya," cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis . The term "kasambahay" shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e., "baon," transportation, school projects and school activit

Decisions of voluntary arbitrators (VA) become final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties. Section 4, Rule 43 of the Rules gives parties a fifteen (15)-day reglementary period to file a petition for review before the CA. As explained in Philippine Electric Corp v. CA: Despite Rule 43 providing for a 15-day period to appeal, the Voluntary Arbitrator's decision must be appealed before the Court of Appeals within 10 calendar days from receipt of the decision as provided in the Labor Code. Appeal is a "statutory privilege," which may be exercised "only in the manner and in accordance with the provisions of the law." Perfection of an appeal within the reglementary period is not only mandatory but also jurisdictional so that failure to do so rendered the decision final and executory, and deprives the appellate court of jurisdiction to alter the final judgment much less to entertain

Impeachment, described as "the most formidable weapon in the arsenal of democracy," was foreseen as creating divisions, partialities and enmities, or highlighting pre-existing factions with the greatest danger that "the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt."Given their concededly political character, the precise role of the judiciary in impeachment cases is a matter of utmost importance to ensure the effective functioning of the separate branches while preserving the structure of checks and balance in our government. Moreover, in this jurisdiction, the acts of any branch or instrumentality of the government, including those traditionally entrusted to the political departments, are proper subjects of judicial review if tainted with grave abuse or arbitrariness. Impeachment refers to the power of Congress to remove a public official for serious crimes or misconduct as provided in

Section 12 of Article III of the 1987 Constitution says: "Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. " The doctrine that an uncounselled waiver of the right to counsel is not to be given legal effect was initially a judge-made one and was first announced on 26 April 1983 in Morales vs. Enrile and reiterated on 20 March 1985 in People vs. Galit. In short, before the ruling in Morales, there was no express provision in the 1973 Constitution regarding a counselled written waiver. It was only when the ponente in said case said so, and when the "error" was repeated over and over in jurisprudence, that the drafters in the 1986 Constitutional Convent

Chief Justice Lucas Bersamin explains why the petition filed by Atty. Jesus Falcis against the Civil Registrar General, seeking to allow same-sex marriage in the Philippines, was dismissed by the Supreme Court. What was missing, according to the Chief Justice, was "standing" and "actual controversy." He added that the resolution of the Court did not dive into the substantive issues regarding same-sex marriage or the constitutionality of the Family Code which limits marriage between two persons of the opposite sex only. In political and constitutional law, one of the requisites for judicial review is that there be an actual controversy involving the protection or enforcement of rights which are legally demandable and enforceable. Also, "locus standi" or "standing in court" requires that the person petitioning the Judiciary be the one who stands to be benefited or injured by the controversy or that he should have actual and material, not mer

FULL TEXT: THIRD DIVISION. [G.R. No. 232321, August 14, 2017]. ENGR. ALEX C. PAGUIO, GENERAL MANAGER, VS. OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON AND JAY B. AVELLANA. G.R. No. 232321 (Engr. Alex C. Paguio, General Manager, vs. Office of the Deputy Ombudsman for Luzon and Jay B. Avellana). Before Us is a petition for  certiorari  under Rule 65 of the Rules of Court, assailing the September 22, 2016 Decision [1] and March 27, 2017 Resolution [2] of the Court of Appeals (CA) in CA-G.R. SP No. 136601. The assailed rulings affirmed the November 27, 2013 Decision [3] of the Office of the Ombudsman in OMB-L-A-ll-0149-C finding petitioner Alex C. Paguio administratively liable for simple misconduct. Factual Antecedents Petitioner is the General Manager of Pagsanjan Water District (PAGWAD), a government-owned and controlled corporation. As such, petitioner is duty-bound to represent PAGWAD in several official functions in different locations outside of the office. For this purpose

In Mustera v. People (G.R. No. 233373. November 20, 2017), accused Mustera appealed to the Supreme Court from the Court of Appeals (CA). FACTS:  Mustera falsely represented that she had the power and influence to cause the release of Zaldy from detention and the dismissal of the charge of rape, a non-bailable offense. Mustera's false pretense and fraudulent representation was committed prior to, or simultaneous with, the commission of fraud when she guaranteed that the case against Zaldy would be dismissed and Zaldy will be subsequently released from detention upon payment by Spouses Mirasol of a certain amount of money. Due to Mustera's false representation, Spouses Mirasol were induced to part with their money, which caused them to suffer damages. Her conviction of the crime of estafa was affirmed by the High Court. As correctly resolved by the CA, all the elements of estafa by means of deceit are present. To prove the crime of estafa by means of deceit, under paragraph

Section 3(e), Rule 122 of the Rules of Criminal Procedure, in relation to Section 2, Rule 45 of the Rules of Civil Procedure, provides that a losing party may file a petition for review on certiorari within 15 days from receipt of the notice of the decision appealed from or of the denial of the party's motion for reconsideration. In Mustera v. People (G.R. No. 233373. November 20, 2017), Mustera received the order denying her motion for reconsideration on August 11, 2017, thus, she had until August 26, 2017 to file a verified petition for review on certiorari. As the due date fell on a Saturday, Mustera had until the immediate following Monday or August 28, 2017 to file her petition. However, instead of filing a petition, Mustera asked for a 30-day extension to file a petition. Thus, reckoned from the original period, Mustera had until September 25, 2017 within which to file a petition. As the instant petition was filed on September 26, 2017, the petition, therefore, was filed

[1] No overtime work shall be resorted to in the performance of regular routine work and activities; [2] Overtime work shall start after the eight-hour work schedule but shall not go beyond three (3) hours during regular working days, and shall cover only the hours between 8:00 AM. to 12:00 NOON and 1:00 PM to 5:00 PM during Saturdays, Sundays and holidays; Breaktime is not required when overtime does not exceed three (3) hours; (COA Circular 85-55-A) [3] Overtime work of less than one hour’s duration shall not entitle an employee to overtime pay; [4] An employee who reports for work late, or incurs undertime by more than one (1) hour, or reports only half-day on a particular day, shall not be entitled to claim overtime compensation. Overtime cannot be used to offset undertime ; [5] In no instance shall an officer or employee who is on travel status be allowed to claim compensation for overtime services rendered during said travel; [6] Officials and employees on assignment