PROJECT JURISPRUDENCE

Due to the lockdown restrictions brought by the COVID-19 pandemic, the Supreme Court promulgated the 2020 Interim Rules on Remote Notarization of Paper Documents (A.M. No. 20-07-04-SC). Under this Rule (called RON Rules), videoconferencing facilities may be used in the performance of notarial acts until the High Court directs otherwise. Videoconferencing facilities refer to any tool, device or system that has sufficient interactive audio-video capabilities that allow all the parties to communicate and confirm competent evidence real time.

In administrative law, a distinction must be made between a law that controls administrative authorities and that made by administrative authorities. However, before further discussion, a preliminary statement is needed on what laws are. A law is a rule of conduct. Period. However, in the strict sense, laws are statutes created by Congress through the passage of a bill later signed by the President (as a rule). In the general sense of the word "law," the Constitution is a law and the same is true for court decisions and administrative regulations. The Constitution gives Congress the power to write laws. These laws have to be implemented by the Executive Branch (the President) which issues or causes the issuance of administrative regulations implementing the law. Such regulation is "law" in the broad sense. Later, when conflicts arise from the interpretation or application of the law, the court shall render judgment which is, again, a law in the broad sense becau

The following, according to the Supreme Court (G.R. No. 5246, September 16, 1910, citing Sheldon on Land Registration, pp. 75, 76), are the benefits of the system of registration of titles, to wit: Promotes security over insecurity; Reduces the costs of and the time needed for conveyances; Promotes brevity and clarity over obscurity and verbiage; Simplifies ordinary dealings that he who has mastered the ‘three R’s’ can transact his own conveyancing; It affords protection against fraud; Restores to their just value estates held under good holding titles but suffered depreciation due to some technical defect; and Bars the re-occurrence of any similar faults in the holding of titles over estates. The main purpose of the Torrens system is to avoid possible conflicts of title to real estate and to facilitate transactions relative thereto by giving the public the right to rely upon the face of a Torrens certificate of title and to dispense with the need of inquiring further, excep

Registration does not vest title. It is merely evidence of such title over a particular property. Our land registration laws do not give the holder any better title than what he actually has. (G.R. No. 83383, May 6, 1991) The issuance of a certificate of title in favor of Mabini Legaspi did not vest ownership upon her over the land nor did it validate the alleged purchase of the lot, which is null and void. Time and again, it has been held that registration does not vest title. It is merely evidence of such title over a particular property. Our land registration laws do not give the holder any better title than that what he actually has. (De man et al. vs. Court of Appeals, G.R. L- 46935 December 21, 1987, 156 SCRA 701; Cruz vs. Cabana, No. 56232, June 22, 1984, cited in G.R. No. 83383, May 6, 1991) Registration is not a mode of acquiring ownership but is merely a procedure to establish evidence of title over realty. It has been held that where petitioners’ registration of their dee

It is well-settled that a certificate of title is void when it covers property of public domain classified as forest or timber and mineral lands. Any title issued on non-disposable lots even in the hands of an alleged innocent purchaser for value, shall be cancelled. (G.R. Nos. L-31666, April 30, 1979) Where the lower court, in granting titles to the land in dispute, counted the period of possession of private respondents before the same were released as forest lands for disposition, such release is tantamount to qualifying the latter to a grant on said lands while they were still non-disposable. Thus, even assuming that the transferees are innocent purchasers for value, their titles to said lands derived from the titles of private respondents which were not validly issued as they cover lands still a part of the public domain, may be cancelled. (G.R. No. L-40402, March 16, 1987) To complete the picture, reference may be made to the learned and scholarly opinion of Justice Sanchez i

"Appropriation" refers to an authorization made by law or other legislative enactment, directing payment out of government funds under specified conditions or for specified purposes. "Allotment" refers to an authorization issued by the Department of the Budget to an agency, which allows it to incur obligation for specified amounts contained in a legislative appropriation. "Budget" refers to a financial plan required to be prepared pursuant to Section 16 (1) , Article VIII of the Constitution, reflective of national objectives, strategies and programs. "Current operating expenditures" refers to appropriations for the purchase of goods and services for current consumption or for benefits expected to terminate within the fiscal year. "Capital outlay" or "capital expenditures" refers to an appropriation for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of

The State shall ensure the autonomy of local governments. For this purpose, it shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. The allocation of powers and resources to local government units shall be promoted, and interlocal government grouping, consolidation and coordination of resources shall be encouraged. The State shall guarantee the local government units their just share in national taxes and their equitable share in proceeds from the use of natural resources, and afford them a wider latitude for resources generation. The Department of Interior and Local Government shall assist the President in the exercise of general supervision over local governments and in ensuring autonomy, decentralization and community empowerment. (Administrative Code of 1987)

National Flag. (1) The flag of the Philippines shall be red, white and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. (2) The custody, ceremonial use, occasion and manner of display, and the proper care and disposition of the flag shall be governed by appropriate rules and regulations. National Anthem. - Until otherwise provided by law, the musical arrangement and composition of Julian Felipe is adopted as the national anthem. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as may be prescribed by appropriate rules and regulations. Arms and Great Seal of the Republic of the Philippines. (1) The Arms shall have paleways of two (2) pieces, azure and gules; a chief argent studded with three mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be a scroll with the words

In joint obligations, the whole obligation, whether capable of division into equal parts or not, is to be paid or performed by several debtors (joint debtors) and/or demanded by several creditors (joint creditors). Each debtor is liable only for a proportional part of the debt, and each creditor is entitled only to a proportionate part of the credit . (Tolentino) In the absence of express and indubitable terms characterizing the obligation as solidary, it is always presumed the the obligation is joint. It is well-known that solidary obligation cannot be lightly inferred; thus, it must be positively and clearly expressed.

Article 2013. A game of chance is that which depends more on chance or hazard than or skill or ability. For the purposes of the following articles, in case of doubt a game is deemed to be one of chance. (n) Article 2014. No action can be maintained by the winner for the collection of what he has won in a game of chance. But any loser in a game of chance may recover his loss from the winner, with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the gambling house. (1799a) Article 2015. If cheating or deceit is committed by the winner, he, and subsidiarily the operator or manager of the gambling house, shall pay by way of exemplary damages, not less than the equivalent of the sum lost, in addition to the latter amount. If both the winner and the loser have perpetrated fraud, no action for recovery can be brought by either. (n) Article 2016. If the loser refuses or neglects to bring an action to recover what has been lost, his or

Article 1229 of the New Civil Code speaks of instances when the contractual penalty may be reduced. The law says: "The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable ." The instances are: If the principal obligation has been partly complied with. If the principal obligation has been irregularly complied with. If the penalty is iniquitous or unconscionable, even if there has been no performance. The question of whether a penalty is reasonable or iniquitous can be partly subjective and partly objective. Its resolution would depend on such factor as, but not necessarily confined to, the type, extent and purpose of the penalty, the nature of the obligation, the mode of breach and its consequences, the supervening realities, the standing and relationship of the partie

A contractual penalty is exactly the same as what is known as “liquidated damages” in Art. 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. Such damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation. (Article 2226-2228) In cases where there has been partial or irregular compliance, as in this case, there will be no substantial difference between a penalty and liquidated damages insofar as legal results are concerned and either may be recovered without the necessity of proving actual damages and both may be reduced when proper. (Filinvest v. Court of Appeals, G.R. No.138980, September 20, 2005) In one case, the Supreme Court lamented tha

2020 and 2021 Bar examination candidates are uncomfortable not only because of the upcoming exams (both jammed into a period of less than a year) and the Herculean attempts to study eight (8) fields of law but also, and more importantly, because of the uncertainty caused by the current COVID-19 calamity. The question is: how will the Bar examinations be conducted online ? Under Bar Bulletin No. 12, series of 2020, issued by Justice Marvic M.V.F. Leonen, the Chairman of the 2020 Bar Examinations, the supposed November 2020 schedule was moved to a schedule NOT earlier than February 2021. Due to fears regarding the spread of the virus, rumors have it that the 2020 Bar examinations will be held via online facilities. This is a challenge because, as we all know, this is an essay-type exam and online exams are prone to irregularities such as but not limited to opening of notes or books, coaching, leakage of exam questions, etc. It is also rumored that the

“First-aid treatment” means adequate, immediate and necessary medical and dental attention or remedy given in case of injury or sudden illness suffered by a worker during employment, irrespective of whether or not such injury or illness is work-connected, before more extensive medical and/or dental treatment can be secured. It does not include continued treatment or follow-up treatment for any injury or illness. “Workplace” means the office, premises or worksite where the workers are habitually employed and shall include the office or place where the workers who have no fixed or definite worksite regularly report for assignment in the course of their employment. “First-aider” means any person trained and duly certified as qualified to administer first aid by the Philippine National Red Cross or by any other organization accredited by the former. (Section 2 of Rule I of the Implementing Rules of Book IV of the Labor Code)

No homework shall be performed on the following: (1) explosives, fireworks and articles of like character; (2) drugs and poisons; and (3) other articles, the processing of which requires exposure to toxic substances. (Section 13, Rule XIV, Implementing Rules of Book III of the Labor Code)

At the initiative of the Department or upon petition of any interested party, the Secretary of Labor and Employment or his authorized representative shall establish the standard output rate or standard minimum rate in appropriate orders for the particular work or processing to be performed by the homeworkers. The standard output rates or piece rates shall be determined through any of the following procedures: (a) time and motion studies; (b) an individual/collective agreement between the employer and its workers as approved by the Secretary or his authorized representative; (c) consultation with representatives of employers and workers organizations in a tripartite conference called by the Secretary. The time and motion studies shall be undertaken by the Regional Office having jurisdiction over the location of the premise/s used regularly by the homeworker/s. However, where the job operation or activity is being likewise performed by regular factory workers at the factory or pr

“Industrial Homework” is a system of production under which work for an employer or contractor is carried out by a homeworker at his/ her home. Materials may or may not be furnished by the employer or contractor. It differs from regular factory production principally in that, it is a decentralized form of production where there is ordinarily very little supervision or regulation of methods of work. “Home” means any room, house, apartment or other premises used regularly, in whole or in part, as a dwelling place, except those situated within the premises or compound of an employer, contractor or subcontractor and the work performed therein is under the active or personal supervision by or for the latter. “Processing” means manufacturing, fabricating, finishing, repairing, altering, packing, wrapping or handling in any way connected with the production or preparation of an article or material. (Section 2, Article XIV, Implementing Rules of the Labor of the Philippines)

It shall be unlawful for any employer: (a) to discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave, facilities and other benefits provided under the Labor Code; (b) to discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy ; (c) to discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant; (d) to discharge any woman or any other employee for having filed a complaint or having testified or being about to testify under the Labor Code; and (e) to require as a condition for or continuation of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. (SEC. 13. Prohibited acts, Rule XII, Implem

No woman, regardless of age, shall be permitted or suffered to work, with or without compensation, in any agricultural undertaking at nighttime unless she is given a rest period of not less than nine (9) consecutive hours, subject to the provisions of Section 5 of this Rule. (Section 6, Rule XII, Implementing Rules of the Labor Code)

The framers of the 1987 Constitution that enshrines Bill of Rights joined the still growing opposition to the anti-terrorism law that, they warned, takes the Philippines back to the 1970s. The Philippines needs to “move forward, not backwards,” the framers said in a statement signed by Felicitas Arroyo, Teodoro Bacani, Florangel Rosario Braid, Edmundo Garcia, Jose Luis Gascon, Christian Monsod and Bernardo Villegas. “The Charter was drafted and popularly approved in a plebiscite in the aftermath of one of the darkest chapters in our history when the rule of law was violated with impunity,” they said. The present Charter carries with it the hopes of the people for protection against abuses of the State and stands to protect the people’s right by limiting the extraordinary powers of the State, they said. The Constitution no longer carries the feared Arrest, Search and Seizure Orders (ASSO) of martial law, used by the regime of the late dictator Ferdinand Marcos Sr. to round up gove

Any woman employed in any industrial undertaking may be allowed to work beyond 10 o’clock at night, or beyond 12 o’clock midnight in the case of women employees of commercial or nonagricultural enterprises, in any of the following cases: In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, epidemic or other disaster or calamity, to prevent loss of life or property or in cases of force majeure or imminent danger to public safety; In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; Where the work is necessary to prevent serious loss of perishable goods; Where the woman employee holds a responsible position of a managerial or technical nature or where the woman employee has been engaged to provide health and welfare services; Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be per

Any woman who is permitted or suffered to work with or without compensation, in any night club, cocktail lounge, beer house, massage clinic, bar or similar establishments, under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor, shall be considered as an employee of such establishments for purposes of labor and social legislation. No employer shall discriminate against such employees or in any manner reduce whatever benefits they are now enjoying by reason of the provisions of this Section. (Section 4, Rule XII of the Implementing Rules of Book III of the Labor Code of the Philippines)

Children below fifteen (15) years of age may be allowed to work under the direct responsibility of their parents or guardians in any nonhazardous undertaking where the work will not in any way interfere with their schooling. In such cases, the children shall not be considered as employees of the employer or their parents or guardians. Any person of either sex, between 15 and 18 years of age, may be employed in any nonhazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age. A nonhazardous work or undertaking shall mean any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Secretary of Labor shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed. (Sections 2-3, Rule XII of the Implementing Rules of Book III of the Labor Code of the Philippines)

The Regional Director or any duly authorized Hearing Officer of the Department of Labor and Employment shall have the power through summary proceedings and after due notice to hear and decide any complaint involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper arising from employer-employee relations; Provided, That such complaint does not include a claim for reinstatement and; Provided further, That the aggregate money claims of each employee or househelper does not exceed Five thousand pesos (P5,000.00), inclusive of legal interest. When the claims of two or more claimants, each not exceeding Five thousand pesos (P5,000.00), arising out of or involving the same cause of action and against the same respondent, are subject of separate complaints, the complaints may, upon motion of either party, be consolidated into one for purposes of the hearing and rece

The Secretary or the Regional Director may, upon recommendation of the labor and employment officer, order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with occupational safety and health standards or regulations poses grave and imminent danger to the workers . Within twenty-four (24) hours from the issuance of the order of stoppage or suspension of operations, the Secretary or the Regional Director shall cause the conduct of a hearing to determine whether the order for the stoppage of work or suspension of operations shall be lifted or not. The proceedings shall be terminated within seventy-two (72) hours from receipt of a copy of the order by the employer. In case the violation is attributable to the fault of the employer, he shall pay the employees affected their salaries and wage-related benefits during the period of such stoppage of work or suspension of operations. (Section 3 of Department Order No. 7-A, Series o

Labor-only contracting is hereby declared prohibited. For this purpose, labor only contracting shall refer to an arrangement where: (a) The contractor does NOT  have substantial capital or investments in the form of tools, equipment, machineries, work premises, among others, and the employees recruited and placed are performing activities which are usually necessary or desirable to the operation of the company, or directly related to the main business of the principal within a definite or predetermined period, regardless of whether such job, work or service is to be performed or completed within or outside the premises of the principal; or (b) The contractor does NOT  exercise the right to control over the performance of the work of the employee. (Section 6 of the DO 18-A, Series of 2011)

Contracting and subcontracting arrangements are expressly allowed by law and are subject to regulations for the promotion of employment and the observance of the rights of workers to just and humane conditions of work, security of tenure, self-organization and collective bargaining. Labor-only contracting as defined herein shall be prohibited. (Section 1 of the DO 18-A, Series of 2011) These Rules shall apply to all parties of contracting and subcontracting arrangements where employer-employee relationships exist. It shall also apply to cooperatives engaging in contracting or subcontracting arrangements. Contractors and subcontractors referred to in these Rules are prohibited from engaging in recruitment and placement activities as defined in Article 13(b) of the Labor Code, whether for local or overseas employment. (Section 2 of the DO 18-A, Series of 2011) “Contracting” or “Subcontracting” refers to an arrangement whereby a principal agrees to put out or farm out with a contracto

No positive law has a more restraining influence on human behaviour than our penal statutes. From the protection of properties, securing of liberties, preservation of life, vindication of one’s honor, up to the defense of the state, our Criminal Law is the embodiment of the peoples’ will on how society should behave. To deter crime has indeed been ascertained as a necessity for the survival of mankind. These are the very reasons why our criminal laws have been vast, dynamic, ever changing and naturally complex. Thus, quite a few individuals dared to unravel its elaborate, intertwined, almost inextricable mass of rules and regulations distributed across a wide repository of general and special laws and, decisions of the Highest Tribunal. Only a few chose to take the road less travelled and those who did, faltered and failed to reach the end. Until now. Judge Marlo B. Campanilla came from a family of lawyers. Except for his sister who is a medical doctor, his father is also a lawyer as w

For the guidance of the bench and bar, the Supreme Court has issued the following jurisprudential pronouncements about non-compliance with the requirements on, or submission of defective, verification and certification against forum shopping (G.R. No. 191906, June 2, 2014): A distinction must be made between non-compliance with the requirement on or submission of defective verification , and non-compliance with the requirement on or submission of defective certification against forum shopping. As to verification, non-compliance therewith or a defect therein does not necessarily render the pleading fatally defective. The court may order its submission or correction or act on the pleading if the attending circumstances are such that strict compliance with the Rule may be dispensed with in order that the ends of justice may be served thereby. Verification is deemed substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complain