attyphiljuris.blogspot.com

  The members of the Barangay Council wanted to make the yuletide celebrations of their constituents more festive. Accordingly, the Barangay Council adopted a resolution authorizing the solicitation of funds from  private individuals to build a seven-meter tall statue of “Rudolph the RedNosed Reindeer” in the plaza in front of the basilica. The residents from other barangays questioned the resolution for alleged violation of Section  5, Article III of the 1987 Constitution which states that “[n]o law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.” Is the barangay resolution invalid for violation of  the non-establishment of religion clause? Explain . FACTUAL ANTECEDENTS   This case is about the constitutionality of four resolutions of the barangay council of Valencia, Ormoc City, regarding the acquisition of the wooden image of San Vicente Ferrer to be used in the celebration of his annual feast day. That issue was spawned by the contr

Politico Film Productions (PFP) conceptualized a mockumentary called “Covidubidapdap” which will detail the poor government response during the pandemic. The Department of Health (DOH) Secretary was scared that he would be portrayed as a lazy and incompetent public officer. Thus, the DOH Secretary warned PFP that he would not approve the use or exhibition of his name or image in the film. Nevertheless, PFP began the production of the mockumentary and used the name and image of the DOH Secretary. Aggrieved, the DOH Secretary applied for injunction against PFP invoking his right to privacy. Is there a violation of the DOH Secretary’s right to privacy? Explain. Factual antecedents   On 23 February 1988, private respondent filed a Complaint with application for Temporary Restraining Order and Writ of Preliminary Injunction with the Regional Trial Court of Makati, docketed as Civil Case No. 88-151 in Branch 134 thereof, seeking to enjoin petitioners from producing the movie " The Four

  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no

  READ: #Bar2024 Examinations — Questions in Political and Public International Law:  https://drive.google.com/file/d/1Y6wyhffk8FiOvtLO-2ht1SnohC3VVDCH/view?usp=drivesdk #BarNiJLo2024 #MostValuableLaban #MarVeLousBar  #SupremeCourtPH

 Long Absence of a Spouse Considered Psychological Incapacity According to the Supreme Court A prolonged absence of a spouse from their home can be considered evidence of psychological incapacity, which can serve as grounds for declaring a marriage invalid. In a decision written by Senior Associate Justice Marvic M.V.F. Leonen, the Supreme Court annulled the marriage between Leonora and Alfredo after it was proven that Alfredo refused to provide financial support to his family and eventually abandoned Leonora and their children starting in 1994. It was also proven that Alfredo had relationships with other women. According to the Supreme Court, Article 68 of the Family Code states that spouses are obligated to live together, show love, respect, and fidelity to each other, and provide assistance and support. Alfredo's infidelity, his long absence from home, and his failure to provide support to his wife and children demonstrate that he does not understand his obligations as a husband

  Motorists were advised to take alternate routes as several roads in Manila would be temporarily closed to traffic for the 2024 Bar Examinations in September. In an advisory, the Manila City government announced the following roads in the area of the University of Santo Tomas would be affected by the road closures on September 8, 11, and 15: September 8 and September 11 (Sunday and Wednesday) Assisted traffic along España Blvd (two westbound lanes from Lacson Avenue to Padre Noval Street) from 2 a.m. to 8 p.m. and 3 p.m. to 7 p.m. for drop-off and pick-up purposes only. Road closure at Dapitan Street (from Lacson Avenue to Padre Noval Street) from 2 a.m. to 7 p.m September 15 (Sunday) Assisted traffic along España Blvd (two westbound lanes from Lacson Avenue to Padre Noval Street) from 2 a.m. to 8 a.m. Road closure at España Boulevard (all westbound lanes from Lacson Avenue to Padre Noval Street) from 3 p.m. to 7 p.m. Road closure at Dapitan Street (from Lacson Avenue to Padre Noval

  'Under Article 148 of the Family Code, a man and a woman who are not legally capacitated to marry each other, but who nonetheless live together conjugally, may be deemed co-owners of a property acquired during the cohabitation only upon proof that each made an actual contribution to its acquisition. Hence, mere cohabitation without proof of contribution will not result in a co-ownership. SPONSORED     Bar Q&A (2024 Ed.) Law Questions Criminal Commercial Civil Political Labor Taxation Ethics Remedial ..Under Article 148, only the properties acquired by both of the parties through their actual joint contribution of money, property or industry shall be owned by them in common in proportion to their respective contributions. It must be stressed that the actual contribution is required by this provision, in contrast to Article 147 which states that efforts in the care and maintenance of the family and household, are regarded as contributions to the acquisition of common property