PROJECT JURISPRUDENCE

The House of Representatives under the leadership of Speaker Alan Peter “Compañero” S. Cayetano has ratified the bicameral conference committee report that will institutionalize the teaching of Good Moral and Right Conduct (GMRC) and values education among elementary and secondary students. Read more: Congress (2020). House ratifies measure to strengthen ‘good manners and right conduct’ and values education in K-12 curriculum. 05 March 2020 04:11:58 PM. www.congress.gov.ph/press/details.php?pressid=11832. Speaker Cayetano, one of the authors of the measure, cited the need to strengthen the common core values and inculcate universally acceptable moral standards among the Filipino youth. He said that, amid the rise of the digital age and increased exposure to the internet and social media, it is important to introduce and teach etiquette and moral uprightness to students during their formative years to preserve the values and identity of Filipinos. “The institutionalization of GMRC a

With the continuous spread of the COVID-19 pandemic, Speaker Alan Peter “Compañero” Cayetano, along with several leaders of the House of Representatives, filed House Bill 6623 which seeks to establish policies and regulations for the "new normal" in the workplace and in public spaces. Read more: Congress (2020). Speaker Cayetano, other House leaders file bill on “New Normal for the Workplace and Public Spaces Act of 2020”. 28 April 2020 07:33:32 PM. www.congress.gov.ph/press/details.php?pressid=11849. In his explanatory note of the proposed "New Normal for the Workplace and Public Spaces Act of 2020", Speaker Cayetano stressed that the country cannot simply proceed “as if things can still go back to ‘normal’” or how it was prior to the outbreak, when workplaces and businesses reopen together with the resumption of other economic activities. “The bill will prepare and educate the Filipino public for life after the lifting of COVID-19 restrictions and to adapt to

The House Committee on Higher and Technical Education, chaired by Rep. Mark O. Go (Lone District, Baguio City), on Thursday held an online Technical Working Group (TWG) meeting to approve the draft substitute bill amending certain provisions of the charter of the Commission on Higher Education (CHED) and Republic Act 7722 or the "Higher Education Act of 1994”. Read more: Congress (2020). Lawmakers push for Revised Higher Education Act. Press and Public Affairs Bureau. 22 May 2020 09:41:54 PM. www.congress.gov.ph/press/details.php?pressid=11889. The bill entitled "Revised Higher Education Act” seeks to strengthen the CHED in terms of the following: 1) its powers and functions; 2) qualification requirements for CHED officials which include a doctoral degree; and 3) minimum standard requirement for professors for State Universities and Colleges (SUCs), Local Colleges and Universities(LCUs), and private Higher Educational Institutions (HEIs). Philippine Association of State U

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

To say that my first year in law school was the hardest thing I ever had to accomplish would be an understatement. There is little to no time for anything else in your life and most days you find yourself racking your brain, wondering why in the world you’re staying. Nothing really prepares you for “the grand manner”. The reality of it isn’t so grand. Read more: Anna Isabel Rodriguez (June 22, 2014). Make or break: My freshman law story. www.rappler.com/move-ph/ispeak/61281-make-break-freshman-law. The normal load for freshman student is 18 units. A unit would mean an hour per week; so a 4-unit subject would translate to 4 hours of meeting per week, or 2-hour sessions twice a week. Eighteen (18) hours of class a week do not seem like much considering that, on a "light” school day, you would have only a 2-hour class and, on a “heavy” day, you need only to attend 3 classes. But to prepare for a 2-hour class means having to read at least 20 assigned Supreme Court decisions, on to

If you’re a girl, you will feel it. If you’re gay, you will feel it. Really, the only people who 100% feel comfortable expressing who they are in law school are the straight guys. You will have professors who like having pretty girls in the front row. You will have professors that will make inappropriate jokes in class — and you will have to laugh along. You will have professors who use gay slurs and don’t even bother to hide their intolerance. Read more: Sabrina (February 27, 2018). The Hard Realities of Law School in the Philippines. https://medium.com/@hedgemagik. So after all that, is it worth it to go to law school? Well, no and yes. If you have no plans of becoming a lawyer and are only considering law school to, say, please a parent or a grandparent, it will not be worth it. You will probably hate every sleepless night and every bad recitation you will have. You will be miserable. But if you really are interested in learning the law and becoming a lawyer, law school can be o

In order to survive law school, there’s only one thing you should possess. Read more: Archiebald Faller Capila (2018). In order to survive law school, there’s only one thing you should possess. 13 August 2018. www.facebook.com/archiebald.capila/posts/2007737439246138. It’s not mental fortitude. Law school does not recognize brilliance or a superb grasp of the context of the law. You may have memorized all the codal provisions assigned and all the related jurisprudence from the first paragraph up to the last, but only time will tell on when you’ll be asked a question beyond what you have read. By that time, you’ll be left alone in the wind, staring blankly at your professor waiting to be seated and be saved from further humiliation. It’s not physical fitness. Law school is a place wherein even the strongest fail to surpass. Your body will crumble, slowly—and then all at once. You’ll be writing up to 300+ case digests for one subject, and preparing hand-written notes for another all

Read more: Marlo Campanilla (2020). Inciting to inflict an act of hate against the rich. May 23, 2020. www.facebook.com/notes/marlo-campanilla/inciting-to-inflict-an-act-of-hate-against-the-rich/3413605745325638. There are several forms the crime of sedition under Article 139 of the Revised Penal Code, one of which is to rise publicly and tumultuously, by means of force, intimidation, or by other means outside of legal methods, to inflict any act of hate or revenge against private persons or any social class or despoil any person of his property for any social end. (Article 139) In U.S. v. Lapus, G.R. No. 1222, January 21, 1905, the accused were members of an illegal association, called “Santa Iglesia,” which was organized for the purpose of performing acts of hatred and vengeance against the authorities and the wealthy people. They had publicly and tumultuously attacked a town and roamed its streets, firing shots, yelling, and threatening the residents with death, and thereby fr

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)

Ayon sa balita, kakasuhan yung public school teacher ng "inciting to sedition." WHAT IS INCITING TO SEDITION ( Paguudyok gumawa ng sedisyon)? Read more: Dean Mel Sta. Maria (May 16, 2020). WHAT IS INCITING TO SEDITION? fb/melstamaria/posts/10222632164090675. CONSIDER THIS : Sedition is a crime committed by a person who rise publicly and tumultously in order to attain by force, intimidation or any illegal manner an objective to , among others, inflict any act of hate or revenge upon the person of any public officer. ( Article 139 of the Revised Penal Code) The critical and essential elements of the crime are clear. Mayroong 1.) pagaaklas ([up]rising), 2.) lantaran ( public) ; 3.) kaguluhan ( tumultously) ; 4.)pamamaraang pampupwersa (force), pananakot ( intimidation) o ilegal; 5.) makagawa nang pagkamuhi ( hate) o paghihiganti (revenge) sa isang public official. For a person to be charged for sedition, there must be probable cause that ALL -- repeat ALL not only a few ---

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."

Lawyer Christian Monsod, one of the 1987 Constitution’s framers has reminded law enforcers that arresting a cyber-libel suspect for allegedly maligning President Rodrigo Duterte, without a formal complaint, is both illegal and unconstitutional. Read more: Gabriel Pabico Lalu (07:37 AM, May 15, 2020). Monsod: Arrest of Duterte critic sans libel complaint illegal, unconstitutional. Newsinfo.inquirer.net/1275443/monsod-arrest-of-duterte-critic-sans-libel-complaint-illegal-unconstitutional. Monsod on Friday pointed out that the arrest of a 41-year-old salesman from Agusan del Norte over Facebook posts against President Duterte and long-time aide Senator Bong Go has no basis since there was no warrant of arrest, and the parties maligned have yet to file a complaint. “The arrests were unconstitutional.  No warrant of arrest.  No complaint.  No basis for warrantless arrest,” Monsod said in a text message to INQUIRER.net. He also said that it is not for police to decide whether  or not t

Read more: Judge Marlo Campanilla. May 12, 2020. Inciting to kill the President. www.facebook.com/notes/marlo-campanilla/inciting-to-kill-the-president/3382326011786945. Under Article 142 of the Revised Penal Codes, the penalty of prision correccional in its maximum period and a fine not exceeding Four hundred thousand pesos (P400, 000) shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet tog

Read more: Dean Mel Sta Maria (May 15, 2020). Protected speech. fb/melstamaria/posts/10222622087278761. The government cannot mute statements, observations and comments which it does not like and allow only those which favor them. A gov't should not likewise tolerate libelous statements of their allies or fanatic followers and not tolerate criticisms of those who oppose it. Criticism or opinions against the government, public officials and their duties, even coming from an ordinary citizen, may take on different forms. They may be direct, laden with euphemism, given in a reverse-psychology-way, sarcastic , funny, subtle, archly, ironical, and/or provocative but if such remarks are relatable --- whether near or far, slight or strong ---- to how they work in government and how they present themselves, in written or oral manner, to the public, THEY ARE WITHIN PROTECTED SPEECH . Such declarations are within the ambit of freedom of speech, expression and the press. They cannot be the

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