PROJECT JURISPRUDENCE

QUOTED FROM THE SUPREME COURT'S FULL TEXT:  Although the latest circular of Secretary Aguirre is laudable as it adheres to the constitutional provisions on the rights of pre-trial detainees, the Court will not dismiss the case on the ground of mootness. As can be gleaned from the ever-changing DOJ circulars, there is a possibility that the latest circular would again be amended by succeeding secretaries. It has been repeatedly held that "the Court will decide cases, otherwise moot, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest are involved; third, when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review. All four (4) requisites are present in this case. (G.R. No. 232413. July 25, 2017) As the case is prone to being repeated as a result of const

Alien prostitutes can be expelled from the Philippine Islands in conformity with an Act of congress. The Governor-General can order the eviction of undesirable aliens after a hearing from the Islands. Act No. 519 of the Philippine Commission and section 733 of the Revised Ordinances of the city of Manila provide for the conviction and punishment by a court of justice of any person who is a common prostitute. Act No. 899 authorizes the return of any citizen of the United States, who may have been convicted of vagrancy, to the homeland. New York and other States have statutes providing for the commitment to the House of Refuge of women convicted of being common prostitutes. Always a law! Even when the health authorities compel vaccination, or establish a quarantine, or place a leprous person in the Culion leper colony, it is done pursuant to some law or order. But one can search in vain for any law, order, or regulation, which even hints at the right of the Mayor of the city of Manila or

The following are comments sent to us by other law students and law school enthusiasts when asked to share their advice to anyone who is deciding or considering whether or not to quit law school. They are extremely motivational and inspiring. “Character consists of what you do on the third and fourth tries.” ―James A. Michener “Winners never quit, and quitters never win.” ―Vince Lombardi “It always seems impossible until it’s done.” ―Nelson Mandela “How long should you try? Until.” ―Jim Rohn “There is no failure except in no longer trying.” ―Elbert Hubbard “You just can’t beat the person who won’t give up.” ―Babe Ruth “Never give up on something that you can’t go a day without thinking about.” ―Winston Churchill “Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.” ―Dale Carnegie “Never give up, for that is just the place and time that the tide will turn.” ―Harriet Beecher Stowe “Yo

For treachery to be appreciated, the concurrence of two conditions must be established: first, the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and second, the means of execution was deliberately or consciously adopted ; in order to qualify the killing as murder, treachery must be proved by clear and convincing evidence or as conclusively as the killing itself; the presence of treachery cannot be presumed. (People vs. Panerio, G.R. No. 205440, Jan. 15, 2018) Treachery is present when the offender commits any of the crimes against persons, employing means, methods or forms in its execution, tending directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. (People vs. Panerio, G.R. No. 205440, Jan. 15, 2018)

"Dwelling" aggravates a felony where the crime is committed in the dwelling of the offended party provided that the latter has not given provocation therefor; in robbery with violence and intimidation against persons, dwelling is aggravating because in this class of robbery, the crime may be committed without the necessity of trespassing the sanctity of the offended party’s house; it is considered an aggravating circumstance primarily because of the sanctity of privacy that the law accords to the human abode. (People vs. Bringcula, G.R. No. 226400, Jan. 24, 2018)

The case may be dismissed, with a counterclaim set up under any of the following circumstances: Dismissal under Sec. 6, Rule 16 – where the defendant does not file motion to dismiss but raises the ground as an affirmative defense ; Dismissal under Sec. 2, Rule 17 – where the plaintiff files a motion to dismiss the case, after the defendant had filed a responsive pleading; or Dismissal under Sec. 3, Rule 17 – where the complaint is dismissed due to the fault of the plaintiff. (All citations refer to those before the 2019 amendments.) In all these cases, the rules expressly provide that the dismissal shall be without prejudice to the right of the defendant to pursue his counterclaim in the same or in a separate action.

The bank, in its capacity as principal, may also be adjudged liable under the doctrine of apparent authority; the principal’s liability in this case however, is solidary with that of his employee; the doctrine of apparent authority or what is sometimes referred to as the “holding out” theory, or the doctrine of ostensible agency, imposes liability, not “as the result of the reality of a contractual relationship, but rather because of the actions of a principal or an employer in somehow misleading the public into believing that the relationship or the authority exists.” (Citystate Savings Bank vs. Tobias, G.R. No. 227990, March 07, 2018) The existence of apparent or implied authority is measured by previous acts that have been ratified or approved or where the accruing benefits have been accepted by the principal; it may also be established by proof of the course of business, usages and practices of the bank; or knowledge that the bank or its officials have, or is presumed to have of

In Republic v. Sandiganbayan, this Court settled that judicial admissions may be made: (a) in the pleadings filed by the parties; (b) in the course of the trial either by verbal or written manifestations or stipulations ; or (c) in other stages of judicial proceedings, as in the pre-trial of the case; in the instant case, facts pleaded in the petition and answer/joint answer are deemed admissions of petitioner and private respondents, respectively, who are not permitted to contradict them or subsequently take a position contrary to or inconsistent with such admissions; when the due execution and genuineness of an instrument are deemed admitted because of the adverse party’s failure to make a specific verified denial thereof, the instrument need not be presented formally in evidence for it may be considered an admitted fact. (Rep. of the Phils. vs. Sandiganbayan, G.R. No. 189590, April 23, 2018)

Secs. 1 and 2 of Rule 26 of the Rules of Court, cited; once a party serves a request for admission as to the truth of any material and relevant matter of fact, the party to whom such request is served has 15 days within which to file a sworn statement answering it; in case of failure to do so, each of the matters of which admission is requested shall be deemed admitted; exception. (Duque vs. Sps. Yu, G.R. No. 226130, Feb. 19, 2018)

Here are a few unwritten rules in law school according to law students online. Take note of them and they may be helpful in your (at least 4 years of) journey through the hell on earth that is called "the college of law."

Here is a 10-item quiz in LABOR LAW . Results are shown after you click "submit." Each question is equal to 1 point. The perfect score is 10 POINTS . In case you find errors in our quiz results, please send us a message at www.facebook.com/projectjuris or info@projectjurisprudence.com. Loading… TRY OTHER QUIZZES: [1] 10-item online quiz on TAX principles - Project Jurisprudence . [2] 20-item quiz in sales law (#1) - Project Jurisprudence . [3] 15-item quiz in family law. [4] 10-item quiz in obligations law. [5] 10-item quiz in evidence law . [6] 20-item quiz on Latin legal phrases . [7] 15-item quiz in political law . [8] Quiz on effectivity of law . [9] Remedial law quiz; 15 items . [10] Civil law, 20-item quiz on Article 3 and 4 . [11] Quiz on criminal law basics . [12] QUIZ: Articles 5, 6 of the Civil Code . [13] QUIZ on negotiability . [14] QUIZ: Insurance warranty . [15] QUIZ: Offer and acceptance (contracts law) . [16] 10-ITEM QUIZ: PIERCING OF

Article 694 of the Civil Code defines “nuisance” as any act, omission, establishment, business, condition or property, or anything else that (1) injures or endangers the health or safety of others; (2) annoys or offends the senses; (3) shocks, defies or disregards decency or morality; (4) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (5) hinders or impairs the use of property.[1] In establishing a no build zone through local legislation, the LGU effectively made a determination that constructions therein, without first securing exemptions from the local council, qualify as nuisances for they pose a threat to public safety. No build zones are intended for the protection of the public because the stability of the ground’s foundation is adversely affected by the nearby body of water. The ever present threat of high rising storm surges also justifies the ban on permanent constructions near the shoreline. Indeed, in Aquino v. Municip

Here is a 10-item quiz in LABOR LAW . Results are shown after you click "submit." Each question is equal to 1 point. The perfect score is 10 POINTS . In case you find errors in our quiz results, please send us a message at www.facebook.com/projectjuris or info@projectjurisprudence.com. Loading… TRY OTHER QUIZZES: [1] 10-item online quiz on TAX principles - Project Jurisprudence . [2] 20-item quiz in sales law (#1) - Project Jurisprudence . [3] 15-item quiz in family law. [4] 10-item quiz in obligations law. [5] 10-item quiz in evidence law . [6] 20-item quiz on Latin legal phrases . [7] 15-item quiz in political law . [8] Quiz on effectivity of law . [9] Remedial law quiz; 15 items . [10] Civil law, 20-item quiz on Article 3 and 4 . [11] Quiz on criminal law basics . [12] QUIZ: Articles 5, 6 of the Civil Code . [13] QUIZ on negotiability . [14] QUIZ: Insurance warranty . [15] QUIZ: Offer and acceptance (contracts law) . [16] 10-ITEM QUIZ: PIERCING OF T

Below are some lines about love from decisions of the Supreme Court of the Philippines. “ Love is useless unless it is shared with another. Indeed, no man is an island, the cruelest act of a partner in marriage is to say ‘I could not have cared less.’ This is so because an ungiven self is an unfulfilled self. The egoist has nothing but himself.” —Chi Ming Tsoi vs. Court of Appeals and Gina Lao- Tsoi, GR No. 119190, Jan. 16, 1997 “Marital union is a two-way process. An expressive interest in each other’s feelings at a time it is needed by the other can go a long way in deepening the marital relationship. Marriage is definitely not for children but for two consenting adults who view the relationship with love amor gignit amorem, respect, sacrifice and a continuing commitment to compromise, conscious of its value as a sublime social institution.” —Chi Ming Tsoi vs. Court of Appeals and Gina Lao- Tsoi, GR No. 119190, Jan. 16, 1997) “The heart has reasons of its own which reason does

Exercised by administrative agencies through the promulgation of rules and regulations within the confines of the granting statute and the doctrine of non-delegation of powers from the separation of the branches of the government; administrative agencies are necessarily authorized to fill in the gaps of a statute for its proper and effective implementation. (H. Villarica Pawnshop, Inc. vs. Social Security Commission, G.R. No. 228087, Jan. 24, 2018)

An official or employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. (Re: Dropping from the Rolls of Lemuel H. Vendiola, Sheriff IV, OCC, RTC of Biñan City, Laguna, A.M. No. 17-11-272-RTC, Jan. 31, 2018)

In cases where a claim owner or lessee is involved in a mining dispute, it shall just submit a “Letter of Intent to file the necessary Mineral Agreement application”; the actual mineral agreement application, however, should only be filed within thirty (30) days from the final resolution of the dispute of the case. (Asiga Mining Corp. vs. Mla. Mining Corp., G.R. No. 199081, Jan. 24, 2018) “Proof of actual work obligations”; the failure to perform actual work obligations that would give rise to abandonment; there is no “automatic abandonment” on the basis of the non-submission of the AAWO alone; if the claim owners or lessees did indeed fail to perform their obligations as required in Sec. 27 of the Mineral Resources Development Decree of 1974, as amended, then the cancellation of their mining claims could only be considered proper upon observance of due process. (Asiga Mining Corp. vs. Mla. Mining Corp., G.R. No. 199081, Jan. 24, 2018)

Sec. 46 (B)(4) of the Revised Rules on Administrative Cases in the Civil Service classifies inefficiency and incompetence in the performance of official duties as a grave offense, punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense, and dismissal from service for the second offense. (Office of the Court Administrator vs. Saguyod, A.M. No. P-17-3705, Feb. 06, 2018)

If an administrative tribunal has jurisdiction over a controversy, courts should not resolve the issue even if it may be within its proper jurisdiction; this is especially true when the question involves its sound discretion requiring special knowledge, experience, and services to determine technical and intricate matters of fact. (Rep. of the Phils. vs. Gallo, G.R. No. 207074, Jan. 17, 2018)

Under the doctrine of exhaustion of administrative remedies, a party must first avail of all administrative processes available before seeking the courts’ intervention; the administrative officer concerned must be given every opportunity to decide on the matter within his or her jurisdiction; failing to exhaust administrative remedies affects the party’s cause of action as these remedies refer to a precedent condition which must be complied with prior to filing a case in court. (Rep. of the Phils. vs. Gallo, G.R. No. 207074, Jan. 17, 2018)

Sec. 8 of the DBP Charter only mentions per diem as the compensation of the members of its Board; it does not declare any additional benefit, other than per diems, which the said members of the board may receive; good faith may be appreciated in favor of the responsible officers under the Notice of Disallowance (ND) provided they comply with the following requisites: (1) that they acted in good faith believing that they could disburse the disallowed amounts based on the provisions of the law; and (2) that they lacked knowledge of facts or circumstances which would render the disbursements illegal, such when there is no similar ruling by this Court prohibiting a particular disbursement or when there is no clear and unequivocal law or administrative order barring the same. (Dev’t. Bank of the Phils. vs. Commission on Audit, G.R. No. 221706, March 13, 2018)

Although trial courts are enjoined to observe strict enforcement of the rules on evidence, the same does not hold true for administrative bodies; technical rules applicable to judicial proceedings are not exact replicas of those in administrative investigations. (Sibayan vs. Alda, G.R. No. 233395, Jan. 17, 2018) In administrative proceedings, a fair and reasonable opportunity to explain one’s side suffices to meet the requirements of due process. (Rep. of the Phils. vs. N. Dela Merced & Sons, Inc., G.R. No. 201501, Jan. 22, 2018) The rationale and purpose of the summary nature of administrative proceedings is to achieve an expeditious and inexpensive determination of cases without regard to technical rules; in proceedings before administrative or quasi-judicial bodies, like the OGCLS-BSP, decisions may be reached on the basis of position papers or other documentary evidence only; they are not bound by technical rules of procedure and evidence. (Sibayan vs. Alda, G.R. No. 233395

Mere desistance or recantation by the complainant does not necessarily result in the dismissal of an administrative complaint against any member of the bench; the withdrawal of complaints cannot divest the Court of its jurisdiction nor strip it of its power to determine the veracity of the charges made and to discipline, such as the results of its investigation may warrant, an erring respondent. (Atty. Lood vs. Delicana, A.M. No. P-18-3796, Jan. 22, 2018)

Before there can even be a valid administrative issuance, there must first be a showing that the delegation of legislative power is itself valid; it is valid only if there is a law that: (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and (b) fixes a standard the limits of which are sufficiently determinate and determinable to which the delegate must conform in the performance of his functions; a painstaking examination of the provisions being relied upon by the former DOJ Secretary will disclose that they do not particularly vest the DOJ the authority to issue DOJ Circular No. 41 which effectively restricts the right to travel through the issuance of Watchlist Orders (WLOs) and Hold-Departure Orders (HDOs). (Genuino vs. Hon. De Lima, G.R. No. 197930, April 17, 2018)