PROJECT JURISPRUDENCE

SECOND DIVISION [ G.R. No. 250846. January 05, 2022 ] SPS. RONICO LOPEZ *  AND MARCELINA LOPEZ, AND SPS. GLORIA LOPEZ ADORZA AND NICOMEDES ADORZA, PETITIONERS, VS. SPS. ADOLFO AND SUSANA POTOY, SPS. VICTOR AND BERLINA LUMAPAT, SPS. JUANITO AND LUZ POTOY, SPS. TEOFISTO AND SOTERA POTOY, SPS. ALLAN AND CARMELITA POTOY, SPS. HERBERTO **  AND ROSARIO POTOY, SPS. SONNY AND ELENITA POTOY, SPS. MANITO AND SHIRLEY PALLER, SPS. REYNALDO AND MARILOU DOLLOSO, SPS. RICARDO AND ISIDRA SIBAYAN, AND SPS. VICTOR AND LOLITA BONJOC, RESPONDENTS. R E S O L U T I O N INTING, J.: Before the Court is a Petition [1]  for Review on  Certiorari  under Rule 45 of the Rules of Court assailing the Decision [2]  dated January 24, 2019 and the Resolution [3]  dated November 5, 2019 of the Court of Appeals (CA) in CA-G.R. CV No. 04771. The CA reversed and set aside the Decision [4]  dated July 20, 2012 of Branch 35, Re...

Fencing is defined under Section 2 of PD 1612 as "as the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft."[1] The following are the essential elements of the crime of fencing: (a) a crime of robbery or theft has been committed; (b) the accused, who is not a principal or an accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the crime of robbery or theft; (c) the accused knew or should have known that the said article, item, object or a...

First off, an affidavit is a sworn statement of an affiant who subscribes and swears to the truth of matters stated in a narration of facts. On the other hand, detention is a condition of a person under custody of law, especially when such person is held or deprived of liberty by authorities such as when under police arrest. An affidavit of detention can mean three (3) things. First, it may mean that the person currently deprived of liberty states under oath that he is deprived of liberty or is under detention. Second, it may mean that a police officer attests under oath that another person is deprived of liberty or is under detention. Or, third, it may mean that a third person states under oath that another person is deprived of liberty or is under detention. Normally, an affidavit of detention is required to establish the fact of detention, which is essential in certain petitions like a petition for habeas corpus or an application/petit...

The quantum of evidence required in the conviction of criminal cases is proof beyond reasonable doubt. This is defined in Section 2, Rule 133 of the Rules of Court, to wit: In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind . (2a) [Emphasis ours] The necessity for proof beyond reasonable doubt lies in the fact that "(i)n a criminal prosecution, the State is arrayed against the subject; it enters the contest with a prior inculpatory finding in its hands; with unlimited means of command with counsel usually of authority and capacity, who are regarded as public officers, and therefore as speaking semi-judicially, and with an attitude of tranquil majesty often in striking contrast to that of ...

In Uy v. Del Castillo,[1] the Court explained the doctrine of immutability of judgment as follows: Time and again, the Court has repeatedly held that "a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land. This principle, known as the doctrine of immutability of judgment, has a two-fold purpose, namely: (a) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business; and (b) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. Verily, it fosters the judicious perception that the rights and obligations of every litigant must not hang in suspense for an indefinite period of time . As such, it is not regarded as a mere technicali...

FIRST DIVISION [ G.R. No. 244629. July 28, 2020 ] MARBY FOOD VENTURES CORPORATION, MARIO VALDERRAMA, AND EMELITA VALDERRAMA, PETITIONERS, VS. ROLAND DELA CRUZ, GABRIEL DELA CRUZ, JOSE PAULO ANZURES, EFREN TADEO, BONGBONG SANTOS, MARLON DE RAFAEL, CRIS C. SANTIAGO, ELMER MARANO, ARMANDO RIVERA, AND LOUIE BALMES, RESPONDENTS. D E C I S I O N REYES, J. JR., J.: Before the Court is a Petition for Review on  Certiorari [1]  under Rule 45 of the Rules of Court, seeking the review of the Decision [2]  dated October 19, 2018 and Resolution [3]  dated January 21, 2019 of the Court of Appeals (CA) in CA-G.R. SP Nos. 151531 & 151557 wherein the CA affirmed the Decision [4]  of the National Labor Relations Commission (NLRC) which in turn partially reversed the ruling of the Labor Arbiter (LA). Factual Antecedents Marby Food Ventures Corporation (Marby) is a domestic corporation duly org...

In Bautista v. Atty. Bernabe,[1] a lawyer was suspended from the practice of law for one year and his notarial commission was revoked in addition to his disqualification for reappointment as a notary public for two years, despite his client's affidavit of desistance. This is so because of the unique nature of disciplinary proceedings wherein the sole purpose is to promote public welfare by weeding out those who are unfit for the practice of law. As the Court elucidated in Bautista, viz.: Complainant's desistance or withdrawal of the complaint does not exonerate respondent or put an end to the administrative proceedings. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the complainant . What matters is whether, on the basis of the facts borne out by the record, the charge of deceit and grossly immoral conduct has been proven. This rule is premised on the nature of disciplinary proceedings. A proceeding for suspension or disbarment is ...

Artificial intelligence (AI) is rapidly changing the legal landscape. AI-powered tools are being used to automate a wide range of legal tasks, including legal research, document review, and case analysis. While AI has the potential to improve the efficiency and accuracy of legal work, it also poses a number of dangers. One of the biggest dangers of AI in studying law is that it can lead to job losses. As AI systems become more sophisticated, they are able to automate more and more legal tasks. This could lead to the loss of jobs for lawyers and other legal professionals. Another danger of AI in studying law is that it can lead to a decline in critical thinking skills. AI systems are trained on large datasets of legal documents, but they are not able to think critically about the law. This means that lawyers who rely on AI systems may be less likely to develop their own critical thinking skills. Finally, AI in studying law can lead to a loss of diversity in the legal profession. AI syst...

Burnout is a state of physical, emotional, and mental exhaustion caused by excessive and prolonged stress. It can be characterized by feelings of fatigue, cynicism, detachment, and inefficacy. Burnout is a common problem among law students, who are often faced with a high workload, demanding professors, and intense competition. There are a number of factors that can contribute to law school burnout, including: The workload: Law school is a demanding program, and students are often expected to learn a large amount of material in a short period of time. Thousands of pages to read and hundreds of principles and rules to learn. Not to mention the cases assigned to you that need to be digested. This can lead to feelings of stress and anxiety. The competition: Law school is a competitive environment, and students are often under pressure to perform well. Students are primed to be the best because law school is not for everyone. This environment pressures law students to perform well. The abs...

Recitation in law school can be a daunting experience. You are put on the spot in front of your classmates and professor, and you are expected to know the material inside and out. This can be a lot of pressure, and it is not uncommon to feel anxious about it. Here are some tips on how to overcome anxiety during recitation in law school: Prepare thoroughly. The more prepared you are, the less anxious you will feel. Make sure to read the material carefully and practice your answers. Visualize yourself succeeding. Take some time to visualize yourself giving a great recitation. Picture yourself being confident and articulate, and picture your classmates and professor being impressed. Take deep breaths. If you start to feel anxious, take a few deep breaths. This will help to calm your nerves and to clear your head. Focus on the present moment. When you are up for recitation, try to focus on the present moment and on the material that you are presenting. Don't worry about what happen...

Republic of the Philippines Congress of the Philippines Manila Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen hundred and ninety-four. REPUBLIC ACT NO. 8042 AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1.  Short Title . – This act shall be known and cited as the “Migrant Workers and Overseas Filipinos Act of 1995.” SEC. 2.  Declaration Of Policies — (a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citizens wh...