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Showing posts from January, 2023

How it feels like to take the Bar Exams

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For bar exam candidates, the looming question of whether or not they will pass can be daunting. With months of studying behind them, the pressure to do well is immense. Similarly, in the anime Attack On Titan, characters face their own set of fears surrounding a world filled with unknowns and giant monsters that could kill them at any time. The song Vogel Im Kafig by Youseebiggirl creates a similar feeling of anticipation and fear, giving the listener an understanding of the feelings experienced by both these worlds. The lyrics focus on the idea of being trapped in a cage, unable to escape but knowing that there is something out there waiting for them. This highlights the feelings of a bar exam candidate, who is afraid of not passing the test but also of what could happen if they do. Similarly, characters in Attack On Titan feel like they are stuck in a cage because of their inability to escape the monsters and the unknown territory that lies beyond the walls. The song gives hope as we

How to properly read law books

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Reading a law book can be an intimidating experience, but with the right approach and techniques you can quickly get to grips with the subject. First, it is essential to understand the context of the book and its purpose. This will help you identify what type of legal knowledge you need to extract from it. Once you have identified this, skim the table of contents and index to find relevant topics. The next step is to read actively - this means not just passively taking in information, but engaging with it through asking questions and looking for connections between different aspects of a topic. Pay attention to detail and use the book's referencing system to explore further into any areas that interest you. From here, it is a good idea to practice problem solving by applying the knowledge you have gathered to real-world scenarios. This will help you understand how your new knowledge fits into the bigger picture of law and its application in society.    Once you have gained an under

PEOPLE v. TORO (G.R. No. 245922. January 25, 2021)

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SECOND DIVISION [ G.R. No. 245922. January 25, 2021 ] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. DANILO TORO Y DIANO @ "OTO", APPELLANT. D E C I S I O N LAZARO-JAVIER, J.: The Case Appellant Danilo Toro  y  Diano @ "Oto" (appellant) assails the Decision[1] dated August 16, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 02231 entitled  People of the Philippines v. Danilo Toro y Diano @ "Oto"  affirming his conviction for Murder. Antecedents By Information dated May 31, 2005, appellant and Salvador Cahusay @ Adol (Cahusay) were jointly charged with Murder for the death of Pascualito Espiña,[2] Sr. (Espiña, Sr.),  viz .: That on or about the 21st day of March 2004 at around 12:00 midnight more or less at Sitio Pinana-an, Barangay Calantiao, Municipality of Bobon, Province of Northern Samar, Philippines and within the jurisdiction of this Honorable Court, the above-named accused armed with a short bolo locally known as "Dipang" conspiring, c

SC Upholds Constitutionality of TRAIN Act

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The Supreme Court En Banc, during its session on Tuesday, January 24, 2023, upheld the constitutionality of R.A. No. 10963, or the Tax Reform for Acceleration and Inclusion Act (TRAIN Act), which amended R.A. No. 8424, or the National Internal Revenue Code of 1997. The Court, in a Decision penned by Associate Justice Japar B. Dimaampao, dismissed the consolidated petitions in G.R. No. 236118 (ACT Teachers Representative Antonio Tinio, et al., v. President Rodrigo Roa Duterte, et al.) and G.R. No. 236295 (Laban Konsyumer, Inc., et al., v. Executive Secretary Salvador C. Medialdea, et al.) which argued, among others, that the TRAIN Act was unconstitutionally passed by the House of Representatives despite a purported lack of quorum, and that its provisions which imposed excise taxes on diesel, coal, liquefied petroleum gas, and kerosene, were prohibited regressive taxes. The petitioners also argued that these same excise taxes were confiscatory and discriminatory against the poor and viol

What I've learned as a new lawyer (Part 1)

Religious Freedom criticized for being "too Christian"

  https://www.ucanews.com/news/philippine-law-to-protect-religious-freedom/99618 The passage of the Magna Carta Religious Freedom Act has been met with opposition from Muslim, atheist and humanist groups who say that the law unfairly favors Christians. The bill enumerates the rights of every person to propagate his/her own religious beliefs, the right to disseminate religious publications, the right to religious rights and ceremonies, organizational independence and the right to freedom  against discrimination in the workplace. This bill aims to promote a free market of ideas where no religion is suppressed or quelled by the others. The proposed bill aims to promote a free market of ideas where no religion is suppressed or quelled by the others. However, Muslim, atheist and humanist groups cried foul over the language of the bill saying that it assumed all Filipinos are Christians. They also said that the bill, despite promoting rights for everyone, is actually giving preferential trea

Did Alex commit slander by deed?

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Social media superstar Alex Gonzaga trended anew on Twitter when she smeared icing on the face of a waiter during her advance birthday celebration in Makati City on Sunday, Jan. 15, 2023. In the viral video, the unidentified waiter carried the birthday cake as Alex blew out the candle on it. Then Alex smeared icing on the face of the waiter while her husband Mikee Morada stood behind her. Many netizens slammed the behavior of Alex. Others believed that popular vlogger was just playing another prank during the party. [1] Legally speaking, the act committed by Alex Gonzaga upon the person of the waiter may be considered a Crime against the Honor of said waiter. The waiter may file a criminal complaint against her for the crime of Slander by deed. WHAT IS SLANDER BY DEED? Slander by deed is a crime against honor, which is committed by performing any act, which casts dishonor, discredit, or contempt upon another person. The elements are (1) that the offender performs any act not included i

Importance of Ethical Responsibility in the Legal Profession by J. Caguioa

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“The rules on ethics challenge us not only to profess the technical canons but also to probe the deeper questions of a lawyer’s moral conduct and examine the possible ways in which each of us may be perpetuating injustice.” Thus stressed Supreme Court Associate Justice Alfredo Benjamin S. Caguioa to the members of the legal community who took part in the fourth leg of the Ethics Caravan for the Proposed Code of Professional Responsibility and Accountability (Ethics Caravan) held on January 11, 2023 at Gevers Hall, Saint Louis University in Baguio City. Speaking as the Chairperson of the Supreme Court Committee on Legal Education and Bar Matters, Justice Caguioa highlighted the significance of ethical responsibility in the legal profession and how the same must be unqualifiedly reflected in the proposed Code of Professional Responsibility and Accountability (CPRA). Justice Caguioa said that when the legal community speaks of ethical responsibility, it speaks of the very bedrock of the l

JUDICIAL AFFIDAVIT RULE

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[ A.M. No. 12-8-8-SC, September 04, 2012 ] JUDICIAL AFFIDAVIT RULE Whereas , case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas , about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas , few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas , in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses; Whereas, it is reported that such piloting has quickly resulted in reducing by a

Tax Credit v. Tax Deduction

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In your study of taxation, it is important to know the difference between tax credit and tax deduction. In the case of CIR v. Central Luzon Drug Corporation[1], the Supreme Court distinguish their difference, to wit: Although the term is not specifically defined in our Tax Code,[2] tax credit generally refers to an amount that is “subtracted directly from one’s total tax liability.”[3]  It is an “allowance against the tax itself”[4] or “a deduction from what is owed”[5] by a taxpayer to the government.  Examples of tax credits are withheld taxes, payments of estimated tax, and investment tax credits.[6] Tax credit should be understood in relation to other tax concepts.  One of these is tax deduction -- defined as a subtraction “from income for tax purposes,”[7] or an amount that is “allowed by law to reduce income prior to [the] application of the tax rate to compute the amount of tax which is due.”[8]  An example of a tax deduction is any of the allowable deductions enumerated in Se

Requisites of Patentability

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Under Section 21 of the Intellectual Property Code, patentable invention refers to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. The following are the requisites of patentability: 1. Any technical solution to a problem in any field of human activity;[1] 2. Inventive step , where an invention having regard to a prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention;[2] 3. Novelty , where an invention shall be considered new if it does not form part of a prior art;[3] 4. Industrial applicability , where an invention can be produced and used in any industry;[4] and 5. Patentable subject matter , where an invention does not fall under the prohibitions provided under Section 22 of the IPC.

Law schools shouldn't be "JD diploma mills"; gatekeeping the legal profession

The fatality rate in law schools is, for lack of a better word, "whiplashingly brutal." Just recently, the author submitted