PROJECT JURISPRUDENCE

Disappointed by the answers given by my students in their midterm examinations, I find it compelling to write about the proper way to answer law school or bar examination essay questions. First, I would like to state that law school examination questions are designed to gauge a student's ability to answer questions in a courtly, correct, and concise manner, all focusing on the answer's logic, law and language. Hence, a good answer to an essay question does not only contain the correct legal principle or rule but it also lays down in a logical and methodological manner, much like a lawyer would in his/her pleadings, the basis for the "yes" or "no" conclusion. Second, it is important to emphasize that the format required in law school essay questions is not for some antiquated reason or tradition. It actually benefits two (2) participants in the examination: (a) the examinee; and (b) the examiner. This format is commonly known as the conclusion-reason-analysis

The Supreme Court En Banc held in St. Anthony College of Roxas City, Inc. v. Commission on Elections[1] that the Commission on Elections (COMELEC) cannot remove or destroy privately-owned campaign materials displayed on private property.  The Court granted the Petition for Certiorari, Prohibition, and Mandamus filed by St. Anthony College of Roxas City, Inc. (St. Anthony College) against the COMELEC and declared the COMELEC’s confiscation and destruction of privately-owned campaign materials displayed on private property unconstitutional. St. Anthony College and other private persons were the owners and co-owners of tarpaulins, posters, murals, and other materials displayed on their premises, expressing support and soliciting votes for former Vice President Maria Leonor Gerona Robredo, who was a candidate for president in the May 9, 2022 national and local elections. The COMELEC confiscated and destroyed their campaign materials pursuant to the COMELEC’s “Oplan Baklas” under Republic A

Regular holidays and special days (also called special holidays) are essential in a law student's study of Labor Standards because certain employee benefits are affected by certain days of the year. REGULAR HOLIDAYS January 1 (Monday) New Year’s Day March 28 (Thursday) Maundy Thursday March 29 (Friday) Good Friday April 9 (Tuesday) Araw ng Kagitingan May 1 (Wednesday) Labor Day June 12 (Wednesday) Independence Day August 26 (Monday) National Heroes Day (Last Monday of August) November 30 (Saturday) Bonifacio Day December 25 (Wednesday) Christmas Day December 30 (Monday) Rizal Day SPECIAL NON-WORKING HOLIDAYS August 21 (Wednesday) Ninoy Aquino Day November 1 (Friday) All Saints’ Day December 8 (Sunday) Feast of the Immaculate Conception of Mary December 31 (Tuesday) Last Day of the Year ADDITIONAL SPECIAL NON-WORKING HOLIDAYS February 10 (Saturday) Chinese New Year March 30 (Saturday)  Black Saturday November 2 (Saturday) All Souls’ Day December 24 (Tuesday) Christmas Eve

LAW ON LEGAL AND COURT PROCESSES: A RULE-BY-RULE EXPOSITION PUBLISHED ONLY VIA PROJECT JURISPRUDENCE - PHILIPPINES   -oOo-   MARK ANGELO S. DELA PEÑA To cite this online book, please use the following: Dela Peña. 2023. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. Published: September 20, 2023. Link: [Insert link] Last accessed: [Insert date of access]. x---------------------------------------------x RULE 17: DISMISSAL OF ACTIONS DISMISSAL UPON NOTICE BY PLAINTIFF A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court a

LAW ON LEGAL AND COURT PROCESSES: A RULE-BY-RULE EXPOSITION PUBLISHED ONLY VIA PROJECT JURISPRUDENCE - PHILIPPINES   -oOo-   MARK ANGELO S. DELA PEÑA To cite this online book, please use the following: Dela Peña. 2023. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. Published: September 20, 2023. Link: [Insert link] Last accessed: [Insert date of access]. x---------------------------------------------x RULE 16: MOTION TO DISMISS Rule 16 on motions to dismiss has been collapsed and deleted. Under the present state of the Rules of Court, Rule 16 no longer exists because dismissal grounds have been limited to four (4) things: (a) lack of jurisdiction over the subject matter; (b) bar by statute of limitations; (c) bar by prior judgment; and (d) pendency of another action between the same parties over the same claim. This, however, does not mean that the old-now-deleted Rule 16 is completely useless. The reason for t

It is common knowledge in the Philippines that the police usually arrest and level charges against a car driver even if the crash is the fault of the motorcycle rider. For example, in many cases, a motorcycle rider overshoots in a curve, thereby crashing into a car, causing the rider's death. In most cases, because there is death, the police usually charge the driver of the car even though logic dictates that it is not his/her fault. Outraged by this, netizens usually say, "Unfair talaga ang batas sa Pilipinas! [Philippine laws are indeed unfair!]" However, people should know that this is not the law in the Philippines. The practice of police officers in leveling charges and arresting the car driver is out of fear of retaliation or criticism from the public or the family members of the deceased rider. The usual thinking is that the person who died is the victim of the incident. This is entirely wrong. Under Article 2176 of the New Civil Code of the P

In the case of  BANTA v. EQUITABLE BANK ET AL. (G.R. No. 223694. February 10, 2021) , the Supreme Court held that banks are required to exercise the highest degree of diligence, to wit: Time and again, the [Supreme] Court has emphasized that it is required and expected of banks to exercise the highest degree of diligence , along with high standards of integrity and performance in view of its significant role in commercial transactions, not to mention its contribution, to the economy in general .[1] " Since their business and industry are imbued with public interest , banks are required to exercise extraordinary diligence, which is more than that of a Roman paterfamilias or a good father of a family, in handling their transactions ."[2] Even as a mortgagee, a bank is not relieved of its responsibility to exercise a higher degree of caution. In Land Bank of the Philippines v. Belle Corporation[3] the Court underscored the following: When the purchaser or the mortgagee is a bank

In the case of  FCF MINERALS CORPORATION v. LUNAG ET AL. (G.R. No. 209440. February 15, 2021) , the Supreme Court expounded on what a Strategic Lawsuit Against Public Participation (SLAPP) means.  A Strategic Lawsuit Against Public Participation[1] or SLAPP generally refers to claim suits filed against private individuals as a retaliation to the latter's recourse to the government on an issue of public concern. SLAPP actions do not forward any genuine cognizable interest but are only used to oppose and to suppress the defendants' political activities .[2] The concept of SLAPP is of foreign origin . The term was first coined by American legal sociologists George Pring and Penelope Canan in the late 1980s. At that time, they observed a proliferation of damages suits used by deep-pocketed individuals and corporations against citizens who participate in public issues.[3] They concluded that these cases called SLAPP derail public participation by intimidating defendants and drying

LAW ON LEGAL AND COURT PROCESSES: A RULE-BY-RULE EXPOSITION PUBLISHED ONLY VIA PROJECT JURISPRUDENCE - PHILIPPINES   -oOo-   MARK ANGELO S. DELA PEÑA To cite this online book, please use the following: Dela Peña. 2023. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. Published: September 20, 2023. Link: [Insert link] Last accessed: [Insert date of access]. x---------------------------------------------x RULE 14: SUMMONS Summonses are official documents that notifies a person that a court proceeding is pending against him/her and informs him/her as a defending party that, should s/he fail to file an responsive pleading within a period provided for by law or by the rules, a judgment may be granted in favor of the one who initiated the complaint or petition. Summonses are the physical manifestation of procedural due process which hears before it condemns and proceeds upon inquiry, rendering judgment only after trial