attyphiljuris.blogspot.com

  FREQUENTLY ASKED QUESTIONS; REMEDIAL LAW: Actions Incapable of Pecuniary Estimation One of the frequently asked bar questions on remedial law is that dealing with actions incapable of pecuniary estimation.  Under Section 19(1) of B.P. Blg. 129, the RTC shall exercise exclusive original jurisdiction in all civil actions in which the subject of the litigation is incapable of pecuniary estimation. The challenge for the bar examinee is to determine whether an action is incapable of pecuniary estimation and thus within the RTC’s exclusive original jurisdiction. This short note aims to provide the bar examinee with some rules of thumb or hacks, to enable him to tackle this kind of questions and to present a logical answer. Atty. Riguera also explained the meaning of "actions incapable of pecuniary estimation" and how to use the (i) "nature of the action test" and (ii) the "principal or ultimate objective" test to determine whether the action is a "real...

 Road rage driver a dismissed QC cop  N. B. Gonzales was ordered dismissed by the Office of the Ombudsman along with ten others including his station commander in 2000 for releasing two Chinese nationals in exchange for P650,000. Read more:  https://tribune.net.ph/2023/08/28/road-rage-driver-a-dismissed-qc-cop/ RELATED In criminal cases, the State is the offended party and the private complainant's interest is limited to the civil liability arising therefrom - SC

  Pura Luka Vega gears up for legal battle: ‘We need your help more than ever’  Drag Den Philippines season 1 contestant Pura Luka Vega is asking for financial assistance from their supporters as they get ready to face a legal battle. The drag artist shared this message through their official podcast’s Instagram earlier this week.  “WE’RE GOING TO COURT. And we need your help more than ever… Your donations will go to Luka’s family and transpo/food for their court dates this September,” they wrote in the caption. Read https://push.abs-cbn.com/2023/8/26/pura-luka-vega-gears-up-for-legal-battle-we-need-your-help-more-than-ever-1342 PLEASE SUPPORT US! by visiting/buying our sponsored products! SPONSORED 🛒 👉 https://invl.io/cljlvkq https://invl.io/cljlvlh https://invl.io/cljlvls https://invl.io/cljlvm1

  In criminal cases, the State is the offended party and the private complainant's interest is limited to the civil liability arising therefrom - SC It is settled that in criminal cases, the State is the offended party and the private complainant's interest is limited to the civil liability arising therefrom.  Hence, if a criminal case is dismissed by the trial court or if there is an acquittal, a reconsideration of the order of dismissal or acquittal may be undertaken, whenever legally feasible, insofar as the criminal aspect thereof is concerned and may be made only by the public prosecutor; or in the case of an appeal, by the State only, through the Office of the Solicitor General (OSG).  The private complainant or offended party may not undertake such motion for reconsideration or appeal on the criminal aspect of the case. However, the offended party or private complainant may file a motion for reconsideration of such dismissal or acquittal or appeal therefrom but onl...

  Justice Mario Villamor Lopez became Associate Justice of the Supreme Court on December 5, 2019. His illustrious career began when he pursued Bachelor of Laws in San Beda College where he graduated with Cum Laude Honors. Throughout his study, Justice Lopez was noted for his remarkable proficiency and was one of the celebrated Top Thirty in the 1980 Bar Examinations.  He is a professor at San Beda College, University of the Philippines, University of Asia and the Pacific and Arellano University, where he was named the Most Outstanding Professor of the Year (2002 and 2004). He is also a notable pre-bar reviewer handling criminal law in various schools.  He is also a member of the 2014 Code of Crimes Committee and the Bar Exams Expert Committee at the University of the Philippines. He was the examiner in Criminal Law for the 2009 Bar Examination, and Legal Ethics for the 2017 Bar Examination.  📸:  Hon. Assoc. Justice Mario Villamor Lopez, 2024 Bar Chair , Read m...

Writ of Amparo; Enforced Disappearance; Republic Act No. 9851; Rule 45. [ G.R. No. 222226, February 14, 2022 ] ✍️👨‍⚖️HERNANDO, J. • "For the issuance of the writ, it is [not sufficient] that a person's life is endangered. It is even not sufficient to allege and prove that a person has disappeared. [It has to be shown] by the required quantum of proof that the disappearance was carried out by, or with the authorization, support or acquiescence of the government or a political organization, and that there is a refusal to acknowledge the same or to give information on the fate or whereabouts of the missing persons." (Emphasis supplied). • Section 19 of the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC) is explicit that both questions of fact and law can be raised before the Court in a petition for review on certiorari under Rule 45. • As a rule then, the Court is not bound by the factual findings made by the lower court which rendered the judgment in a petition for the ...

  THE FIRST OF ITS KIND! The University of Makati School of Law Centralized Bar Operation through its Academics Committee has created the J. Hernando Case Q&As!  This is a syllabus-based compilation of Q&As created from the cases of Justice Hernando. The case Q&As are divided into six files, covering the six subjects for this year’s bar exam. Check them out through this link #UMakBarOps #HernanDoIt #Bar2023 #SkywardSoarHigh See original post here: RELATED Some Tips in Answering Essay Questions

  Q. No. 9 Political Law | Bar 2022 | Suggested Answer POLITICAL LAW AND INTERNATIONAL LAW (WITH RELATED TAX PRINCIPLES)  Suggested answers to the 2022 Bar Exam Questions in Political and Public International Law 9. During a press conference, President Acosta explained that the Executive Department can temporarily take over the operation of any privately owned public utility or business affected with public interest to address the shortage of hospital beds occasioned by the COVID-19 pandemic. She invokes Article XII, Section 17 of the 1987 Philippine Constitution , which provides that: “In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.”  Is President Acosta correct? Explain briefly. (5 points) SUGGESTED ANSWER  ©️✍️ Courtesy of Facebook/atty_e...

  Reason why many failed bar exams.  Fiscal Fred Nojara

RE: The transmission [of rights] by succession    The operation of Article 777 occurs at the very moment of the decedent's death – the transmission by succession occurs at the precise moment of death and, therefore, the heir is legally deemed to have acquired ownership of his/her share in the inheritance at that very moment, "and not at the time of declaration of heirs, or partition, or distribution."  Hence, the Court has held that the "[t]itle or rights to a deceased person's property are immediately passed to his or her heirs upon death. The heirs' rights become vested without need for them to be declared 'heirs.'"  In Bonilla, et al. v. Barcena, et al ., the Court held that:  "[F]rom the moment of the death of the decedent, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, x x x [t]he right of the heirs to the property of the deceased vests in them even before judicial declarati...

The SC upholds the constitutionality of the IBP.  The practice of law is not a natural, property or constitutional right but a mere privilege, a privilege clothed with public interest because a lawyer owes substantial duties not only to his client, but also to his brethren in the profession, to the courts, to the nation, and takes part in one of the most important functions of the State, the administration of justice, as an officer of the court.  [...] even without the enabling Act ( Republic Act No. 6397 ), and looking solely to the language of the provision of the Constitution granting the Supreme Court the power  "to promulgate rules concerning pleading, practice and procedure in all courts, and the admission to the practice of law,"  it at once becomes indubitable that this constitutional declaration vests the Supreme Court with plenary power in all cases regarding the admission to and supervision of the practice of law.  The first objection posed by the re...

  As stated in Bar Bulletin No. 1, Series of 2023 , the 2023 Bar Examinations shall consist of entry-level essay questions which shall test knowledge of fundamental legal principles and competence for basic skills required of a beginner lawyer in the Philippines.  This notwithstanding, the examinations shall uphold and maintain the highest standards of excellence and integrity . It shall adopt a zero-tolerance policy against cheating and all other forms of academic dishonesty.  [...] In all prohibited actionable examinee behavior cases, the examinee’s lack of knowledge or unintentional non-compliance with the rules will not be excused.  [...] Be honest. There is nothing to gain, but everything to lose, with cheating. Remember that everyone, like you, is tired. Please consider others.  Good things come to those who do good things.  ✒️ RAMON PAUL L. HERNANDOAssociate Justice, Supreme Court of the PhilippinesChair, 2023 Bar Examinations  📸 OFFICE OF...

  2024 BAR SYLLABUS Office of Associate Justice Mario V. Lopez  POLITICAL LAW AND PUBLIC INTERNATIONAL LAW   PLEASE HELP US by visiting our sponsored products!  SPONSORED  🛒 //nossairt.net/4/6258589   🛒 //intorterraon.com/4/5870426   🛒 //woafoame.net/4/5863482   CRIMINAL LAW   LABOR LAW   PLEASE HELP US by visiting our sponsored products! SPONSORED 🛒 https://wizardunstablecommissioner.com/buwekire?key=4eda8f2f6f81631b5baaacf7bba5d755   🛒 https://wizardunstablecommissioner.com/zh29yfpxd?key=3abb5219dcca053b3837547ff626cf5a   🛒 https://wizardunstablecommissioner.com/h2x5wps1x?key=b4c09b83aad846fab90eb6c80c6d0ec2 CIVIL LAW   MERCANTILE LAW AND TAXATION   PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  🛒 https://s.lazada.com.ph/s.7nZ1s?cc   🛒 https://s.lazada.com.ph/s.7nZcx?cc   🛒 https://s.lazada.com.ph/s.7nZah?cc  🛒 https://s.lazada.com.ph/s.7nZZA?cc...

 Advice for Bar Examinees in the Digitized Philippine Bar Examinations  1. Familiarize Yourself with the New Format: The first step in preparing for the digitized Bar Examinations is to gain a thorough understanding of the new format. Familiarize yourself with the software and tools that will be used during the exam, such as the online test interface, timers, and navigation features. It is essential to be comfortable with these tools to maximize your efficiency and minimize distractions on the actual examination day.  2. Adopt Effective Study Techniques: Given the digital nature of the new examinations, it is crucial to adapt your study techniques to align with the format. Incorporate technological resources into your study routine, such as online legal databases, digital case repositories, and virtual study aids. Utilize technology to organize your notes, create digital flashcards, and access review materials conveniently. Additionally, practice answering sample question...

 Law students aspiring to become lawyers must recognize the significance of labor law principles, such as the " twin-notice and one hearing " doctrine, " just or authorized cause ," and procedural due process in terminating employment contracts. These principles are not only frequently asked in bar exams but also hold immense importance in the legal profession.  Understanding these labor law principles is crucial because they contribute to ensuring fairness and justice in the workplace. By studying these principles, law students equip themselves with the ability to protect the rights of workers and promote a balanced employer-employee relationship.  PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  https://s.lazada.com.ph/s.7nZ1s?cc   https://s.lazada.com.ph/s.7nZcx?cc   https://s.lazada.com.ph/s.7nZah?cc   https://s.lazada.com.ph/s.7nZZA?cc   https://s.lazada.com.ph/s.7nZbf?cc   Please support us by vis...

  Factors that can potentially hinder someone's dream of becoming a lawyer in the Philippines.  There are several factors that can potentially hinder someone's dream of becoming a lawyer in the Philippines. Here are a few examples: 1. Bad grades or performance in school : Law schools in the Philippines have strict standards for admission and give priority to students who have done well in school. If your grades do not meet the basic standards, it can hurt your chances of getting into law school.  2. Lack of money : Getting a law degree can be expensive. Over the course of a law school program, costs like tuition, books, study tools, and other fees can add up. If you can not get enough cash help or support, it could make it hard for you to finish your studies.  3. Lack of dedication and commitment : Law school takes a lot of time, work, and attention. If you do not give your all to the tough classes and busy schedule, it can hurt your grades and, in the end, hurt your...

Q. No. 5 Political Law Bar 2022 PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  https://s.lazada.com.ph/s.7nZ1s?cc   https://s.lazada.com.ph/s.7nZcx?cc   https://s.lazada.com.ph/s.7nZah?cc   https://s.lazada.com.ph/s.7nZZA?cc   https://s.lazada.com.ph/s.7nZbf?cc   Please support us by visiting our SPONSORED products here:  https://paypou.com/nh5t/79467545 https://shrtq.com/sxU7/79467545 https://cutpu.com/Veri/79467545 https://urlef.com/HeIk/79467545 https://recutt.com/WFd4/79467545 =========================  FOLLOW US!  Website 🌐 https://bit.ly/m/AttyEblogger   Official store 🛒 https://shopple.co/Lex-curiae   PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  https://invl.io/cljlvkq https://invl.io/cljlvlh https://invl.io/cljlvls https://invl.io/cljlvm1  The K-12 Law was passed with the objective to enhance the Philippine educational system by s...

    RE: "shotgun approach" ⚖️   We must steer clear of the notorious "shotgun approach" that tends to trip up many law students. This approach is akin to firing in all directions without hitting the bullseye – a grave error that can cost us dearly.    When we fall into the trap of the shotgun approach, we jeopardize our chances of success in the bar exam. We answer questions in a general and unfocused manner, failing to address the heart of the matter. We miss out on the opportunity to showcase our legal prowess and understanding of the specific issues presented to us. Shotgun in this sense means not really knowing the answer and giving it a shot, hoping that you'll hit the target at some point.    Issue spotting is the key that unlocks the door to triumph. We cannot afford to stumble in this vital aspect of answering bar questions. By diligently honing our abilities to identify and thoroughly analyze the legal issues at play, we elevate our chances of...

  Q. No. 4 BAR 2022 | Political Law   4. [This item has two questions.] As a reaction to China’s occupation of the Spratly Islands, a rally was organized by various civil society aggrupations at a vacant private lot. Before the event could even start, the police ordered the organizers not to proceed with the program because of security reasons and the fact that the group did not have a mayor’s permit. When the organizers still proceeded with the rally, the police dispersed the crowd and arrested the leaders of the group. (a) Did the actions of the police constitute a violation of the group’s constitutional right to peacefully assemble? Explain briefly.  (b) Would your answer be the same if the rally was held at a freedom park? Explain briefly. (5 points) Political Law | Q. No. 4 | Bar 2022  PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  https://s.lazada.com.ph/s.7nZ1s?cc   https://s.lazada.com.ph/s.7nZcx?cc   ht...

Political Law Q. No. 3 Bar 2022  A city ordinance was passed providing for the removal, at the owner’s expense, of: (i) all outdoor advertising materials displayed or exposed to the public in designated regulated areas such as residential zones, bridges, and along main city streets; and  PLEASE SUPPORT US! by visiting/buying our sponsored products! SPONSORED 🛒 https://s.lazada.com.ph/s.7nZ1s?cc https://s.lazada.com.ph/s.7nZcx?cc https://s.lazada.com.ph/s.7nZah?cc https://s.lazada.com.ph/s.7nZZA?cc https://s.lazada.com.ph/s.7nZbf?cc (ii) billboards of substandard materials, or which obstruct road signs and traffic signals. Failure to comply with said ordinance authorizes the mayor, assisted by the police, to implement the removal of the non-compliant materials.  ABC Ad Agency, owner of the billboards removed by the city, filed a complaint because, considering the nature of its business, the removal of its billboards amounted to taking of private property without just com...

 "ikaw ba TOH?" ⚖️ Getting a good and quality sleep before doing assignments can significantly improve productivity. A well-rested mind is more focused, alert, and able to process information efficiently. Lack of sleep can lead to difficulties in concentration, memory retention, problem-solving, and overall cognitive functioning. Therefore, ensuring sufficient sleep not only promotes better productivity but also contributes to improved academic performance.  SPONSORED 🛒 https://paypou.com/nh5t/79467545   https://shrtq.com/sxU7/79467545   https://cutpu.com/Veri/79467545   https://urlef.com/HeIk/79467545   https://recutt.com/WFd4/79467545 Here are some tips to help maintain good sleep and improve overall sleep quality:  1. Stick to a regular sleep schedule: Try to go to bed and wake up at the same time every day, including weekends, to regulate your body's internal clock. Read more 📎 https://go.shopple.co/sps3lu

📸: #Halik #ABSCBNEntertainment  While there are no guaranteed signs that a law student will become a successful lawyer, there are certain characteristics and habits that tend to indicate potential. Here are some common indicators that a law student may be on the path to becoming a lawyer: 1. Strong work ethic : Law students who consistently demonstrate a strong work ethic, are dedicated to their studies, and show a willingness to put in the necessary time and effort are more likely to succeed in the legal profession. 2. Excellent analytical and critical thinking skills : Lawyers heavily rely on their ability to analyze complex issues, identify relevant information, and think critically to provide effective legal counsel. Law students who possess these skills tend to have a higher chance of success. 3. Good communication skills : Lawyers need to communicate effectively in both written and verbal forms. Law students who can articulate their thoughts clearly, write persuasively, and ...

A police officer saw Harvey urinating in public. A local ordinance imposes a Php 500.00 fine for urinating in public. The police officer shouted at Harvey:  “That is against the law!” Harvey sarcastically answered: “No, this is against the wall!” Then and there, the police officer arrested him and brought him to the police station.  At the police station, Harvey was frisked and was found in possession of an unlicensed .38 caliber revolver loaded with five live ammunition. He was subsequently charged with Qualified Illegal Possession of Firearms. When the prosecution offered in evidence the unlicensed firearm and ammunition, the defense objected on the ground that the pieces of evidence are products of an illegal search and seizure.  The prosecution contended that the pieces of evidence were lawfully seized after a valid warrantless search incidental to a lawful arrest.  Was the search and seizure valid? Explain briefly. (5 points)  Suggested answer 📎 https://go...

 Ibid" is an abbreviation for the Latin term "ibidem," which means "in the same place." In a footnote, "ibid" is used to reference the same source that was cited in the immediately preceding footnote. It is a shorthand way of indicating that the citation is the same as the one immediately before it.  By using "ibid," authors and researchers can avoid repeating the full citation when referring to the same source multiple times in succession. Instead, they can simply use "ibid" to indicate that the citation is the same as the one before it.  Here's an example of how "ibid" can be used in a footnote:  1. John Smith, The History of Ancient Rome (New York: ABC Publishing, 2020), 45. 2. Ibid., 48. 3. Ibid., 51.  In this example, footnote 2 uses "ibid." to indicate that the source being cited is the same as the one cited in the immediately preceding footnote (footnote 1). Similarly, footnote 3 also uses "ibid....

 "(sic)" is a Latin term used in footnotes or within a quotation to indicate that a mistake, misspelling, or unconventional usage appears in the original source being referenced. It's often used to show that the error is not the result of a transcription error by the person providing the citation, but rather it was present in the original material being cited.  For example, if you're quoting a source that contains a misspelled word, you might include the word with "(sic)" immediately afterward to indicate that the error is in the original source, and you're not introducing an error in your citation.  Example:  Original text:  "Their going to the party[.]”  Quoted in your writing:  "Their [sic] going to the party[.]”  In this case, you're indicating that you've faithfully reproduced the original text, even though it contains a grammatical error ("Their" instead of "They're"). The "(sic)" lets your reader...

  RE: Criminal Cases; Why "People of the Philippines vs. The Accused?  In criminal law, a criminal case is not just a dispute between two individuals, but it is considered a crime against the State. This is why, in the title of the case, we often see the name "People of the Philippines" versus the accused.  Unlike civil cases where the parties involved are typically individuals or entities, criminal cases involve offenses committed against the community or the nation as a whole. When a crime is committed, it is not only seen as a violation of the rights of an individual victim, but also as an affront to the social order and the principles that uphold our society.  The use of the term "People of the Philippines" in the title of the case signifies that it is the State or the government that is the aggrieved party, seeking justice and redress for the harm caused. Through the criminal justice system, the State acts as the representative of the entire community and ...