PROJECT JURISPRUDENCE

A One Person Corporation (OPC) is a corporation with a single stockholder. However, only a natural person, trust, or an estate may form a One Person Corporation. Banks and quasi-banks, pre-need, trust, insurance, public and publicly-listed companies, and non-chartered government-owned and -controlled corporations may not incorporate as One Person Corporations. Moreover, a natural person who is licensed to exercise a profession may not organize as a One Person Corporation for the purpose of exercising such profession except as otherwise provided under special laws. A One Person Corporation shall not be required to have a minimum authorized capital stock except as otherwise provided by special law. A One Person Corporation shall file articles of incorporation in accordance with the requirements under Section 14 of the Revised Corporation Code. It shall likewise substantially contain the following: If the single stockholder is a trust or an estate, the name, nationality, and residence of ...

Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (Article 40, Civil Code) Albano (pg. 243) explains that personality does not begin at birth. Instead, it begins at conception. This personality at conception is called presumptive personality. It is, of course, essential that birth should occur later; otherwise the fetus will be considered as never having possessed legal personality. From, of course, another viewpoint, we may say that personality (actual personality) really commences at birth, for conception may in certain cases, be already considered birth. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete deli...

Personality in a general sense cannot be limited, because it is the consequence of juridical capacity, which in turn is merely a consequence of human nature. On the other hand, personality, in a specific sense, or personality for specific and concrete rights, may suffer limitations because it is merely the result of capacity to act. (2 Sanchez Roman 114-117)

Personality and capacity are intimately related, but are not identical. Personality is the aptitude to be the subject of rights and of obligations. It is a product of capacity in law, a necessary derivation from its existence, and is the external manifestation of that capacity. (Albano, page 186) The term "lack of legal capacity to sue" means either that the plaintiff does not have the necessary qualifications to appear in the case or when he does not have the character or representation which he claims, as when he is not a duly appointed executor or administrator of the estate he purports to represent, or that the plaintiff is not a corporation duly registered in accordance with law. (I Moran’s Comments on the Rules of Court, p.168, 1952 ed.)

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The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure shall govern all cases filed after their effectivity on May 1, 2020, and also all pending proceedings, except to the extent that in the opinion of the court, their application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern. The application and adherence to the said amendments shall be subject to periodic  monitoring  by  the  Sub-Committee,  through  the  Office  of the Court Administrator (OCA). For this purpose, all courts covered by the said amendments shall accomplish and submit a periodic report of data in a form to be generated and distributed by the OCA. All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof that are inconsistent with any provision of the said amendments are hereby deemed repealed or modified accordingly. RESPONSIVE P...

As part of criminal procedure, the information (the criminal complaint that ripens into a criminal action in court) is read to the accused so that, in the most basic sense, s/he may be informed of the accusations against her/him. After that, the accused will be asked to enter a plea, i.e., s/he will tell the court if s/he will enter a plea of "guilty" or "not guilty." ["Plea" is a technical term in criminal procedure, which refers to a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge, offering an allegation of fact, or claiming that a point of law should apply.] The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and a...

In every criminal case, the accused is entitled to acquittal unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Only moral certainty is required, or that degree of proof which produces conviction in an unprejudiced mind.[1] Reasonable doubt is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.  It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in such a condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.  The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty....

1. My plate number is MGE 123 when will I register? You will register your vehicle on the 1st week of March. For further clarification of motor vehicle registration schedule, the last digit of the plate number determines the registration month and the middle digit indicates the weekly deadline, presented as follows: Last Digit of Plate Number (Monthly Schedule) Middle Digit of  Plate Number Weekly Deadline  (On Working Days of the Month) 1 - January 2 - February 3 - March 4 - April 5 - May 6 - June 7 - July 8 - August 9 - September 0 - October 1 2 3 4 5 6 7 8 9 0 For motorcycle plate, use the 3rd digit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 up to the last day of the month Motor vehicle registration may be renewed one (1) month before, but not later than the last working day of the week indicated by the middle digit of the plate number.  2. What if I want to change my motor vehicle plate, i...

QUALIFICATIONS: Must be physically and mentally fit to operate a motor vehicle Must be able to read and write in Filipino and/or English Must have passed the written and practical examination Must be at least seventeen (17) years old Must be a holder of Student-Driver’s Permit valid for at least thirty one (31) days from issuance / expired foreign driver's license / expired non-professional driver's license for more than two (2) years CHECKLIST OF REQUIREMENTS: Duly accomplished Application Form for Driver’s License (ADL) Presentation of copy of the medical certificate. (Electronically transmitted to LTO by the accredited medical clinic) Original copy of valid Student-Driver's Permit For applicants aged 17 years old, one (1) original copy of parent's consent or a...

WHO MAY AVAIL Holder of NPDL, PDL and Conductor's License not expired for more than two (2) years Holder of NPDL, PDL and CL who intends to leave the country and license is due for renewal within one (1) year CHECKLIST OF REQUIREMENTS A. CONVERSION OF VALID FOREIGN DRIVER'S LICENSE TO NON-PROFESSIONAL DRIVER'S LICENSE: Duly accomplished Application for Driver's License (ADL) form Presentation of original and submission of one (1) photocopy of valid passport showing the first page, visa page and latest date of entry in the Philippines Presentation of copy of the medical certificate. (Electronically transmitted to LTO by the accredited medical clinic) Presentation of original and submission of one (1) photocopy of valid ...