Posts

Showing posts from July, 2024

Most recent post

Mindanao university ordered to close law programs

-
  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
Post a Comment
Read more

SC - Resignation is the voluntary act of an employee

-
Image
Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice or is otherwise compelled to dissociate oneself from employment. 36  It is a formal pronouncement or relinquishment of an office and must be made with the intention of relinquishing the office, accompanied by the act of relinquishment or abandonment. A resignation must be unconditional and with the intent to operate as such. 37  Thus, voluntariness is essential to the act of resignation. It must be the result of an employee's exercise of his or her own will. 38 SALVADOR DELA FUENTE, et al. vs. MARILYN E. GIMENEZ, G.R. No. 214419. November 17, 2021   Footnotes 36  See Pascua v. Bank Wise, Inc., G.R. Nos. 191460 & 191464, 31 January 2018 [Per J. Leonen] and Jacob v. Villaseran Maintenance Service Corp., G.R. No. 243951, 20 January 2021 [Per J. Lazaro-Javier]. 37  Jacob v. Villasera
Post a Comment
Read more

Nakakabahala ang isang viral na video kung saan tampok ang isang bata na ginawang content ng kanilang magulang.

-
Image
Sa video , makikita ang bata na niloloko ng magulang na namamatay diumano ito dahil nakalunok ng bubble gum . Bagama't maaaring magbigay ito ng kaaliwan sa ilang manonood, may tiyak na masamang epekto ito sa pag-iisip ng bata at pag-abuso sa kaniyang batang kamalayan. PANOORIN   Una, ang paggawa ng ganitong klaseng video ay maaaring magdulot ng matinding takot at trauma sa bata. Sa murang edad, hindi pa nila lubos na nauunawaan ang pagkakaiba ng biro at katotohanan, kaya't ang ganitong klaseng panloloko ay maaaring mag-iwan ng pangmatagalang negatibong epekto sa kanilang emosyonal na kalusugan. Pangalawa, ito ay isang anyo ng child exploitation, kung saan ginagamit ang bata para sa kasiyahan ng iba at para sa posibleng kita ng magulang mula sa social media. Ang ganitong gawain ay labag sa mga karapatan ng bata at nagpapakita ng kawalan ng respeto sa kanilang dignidad bilang tao. Ang paggawa ng ganitong klaseng video ay hindi lamang nakakabahala kundi isang malinaw na anyo ng p
Post a Comment
Read more

The finders keepers | SC - ..the failure, per se, to turn it over to the mayor does not constitute the crime of theft.

-
Image
  As it stands now, the proper thing for a finder of a lost property of unknown owner, except hidden treasure, to do is to return or turn it over to the proper authority, who is the mayor of the city or municipality where the finding has taken place.  Thereafter, the provision in Article 719 shall apply. Nevertheless, the failure, per se, to turn it over to the mayor does not constitute the crime of theft. People v. Rodrigo instructs that there must be a deliberate failure on the part of the finder to return the lost thing. Thus: [U]nder paragraph 2, subparagraph (1), the elements are (1) the finding of lost property; and (2) the failure of the finder to deliver the same to the local authorities or to its owner.  In this kind of theft intent of gain is inferred from the deliberate failure to deliver the lost property to the proper person, the finder knowing that the property does not belong to him. [ G.R. No. 218969, January 18, 2021 ] FERNANDO PANTE Y RANGASA PETITIONER, VS. PP, SEPA
Post a Comment
Read more

SC - The 1987 Constitution expanded the scope of judicial review to include cases involving "political questions."

-
Image
  Recourse to the political question doctrine necessarily raises the underlying doctrine of separation of powers among the three great branches of government that our Constitution has entrenched. But at the same time that the Constitution mandates this Court to respect acts performed by co-equal departments done within their sphere of competence and authority, it has also allowed us to cross the line of separation on a very limited and specific point – to determine whether the acts of the executive and the legislative departments are null because they were undertaken with grave abuse of discretion. IBP v. Zamora teaches us that - When political questions are involved, the Constitution limits the determination as to whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose action is being questioned. xxx xxx xxx [W]hile this Court has no power to substitute its judgment for that of Congress or of the President, it ma
Post a Comment
Read more

The SC may issue a writ of prohibition to enjoin the Senate and/or its committees from conducting inquiries in aid of legislation.

-
Image
 The SC may issue a writ of prohibition to enjoin the Senate and/or its committees from conducting inquiries in aid of legislation.  "More than three years ago, tapes ostensibly containing a wiretapped conversation purportedly between the President of the Philippines and a high-ranking official of the Commission on Elections (COMELEC) surfaced. They captured unprecedented public attention and thrust the country into a controversy that placed the legitimacy of the present administration on the line, and resulted in the near-collapse of the Arroyo government. The tapes, notoriously referred to as the " Hello Garci " tapes, allegedly contained the President's instructions to COMELEC Commissioner Virgilio Garcillano to manipulate in her favor results of the 2004 presidential elections. These recordings were to become the subject of heated legislative hearings conducted separately by committees of both Houses of Congress." ✍️ NACHURA, J As to the petition in G.R. No.
Post a Comment
Read more

SC sets Aug. 8 talks in Lipa City on rule amendments

-
Image
    The Supreme Court will hold the first leg of its regional consultation on proposed amendments to the Rules on Criminal Procedure on Aug. 8 at De La Salle Lipa in Lipa City, Batangas The proposed amendments, according to the high tribunal, touch on the use of technology in judicial proceedings, as there are plans to introduce guidelines for the conduct of videoconferencing, rules on the use of body-worn cameras in the execution of warrants, and the implementation of an enhanced e-warrant system. “The proposed rules likewise repeal inconsistent provisions of Rule 112 of the current Rules, in recognition of the authority of the Department of Justice to promulgate its own rules on preliminary investigation,” it said. Read more: Via | Philippine Daily Inquirer https://newsinfo.inquirer.net/1965901/sc-sets-aug-8-talks-in-lipa-city-on-rule-amendments#ixzz8h3mqFaKk
Post a Comment
Read more

PRESS RELEASE | Hiring of 178 new public attorneys makes justice, legal services more inclusive – Remulla

-
Image
 PRESS RELEASE | Hiring of 178 new public attorneys makes justice, legal services more inclusive – Remulla Justice Secretary Jesus Crispin “Boying” C. Remulla is eagerly anticipating the hiring of new additional lawyers for the Public Attorney’s Office (PAO) to boost the services of the agency for the benefit of more unprivileged Filipinos in need of legal representation, aid and counselling. This comes after the Department of Budget and Management (DBM) has approved the creation of 178 new Public Attorney (PA) positions across the country. Under the new plantilla, there will be 122 PA I and 56 PA 2 positions to be designated in different PAO offices nationwide requiring an annual budget of P336-million. This positive development in the country’s legal system is part of President Ferdinand “Bongbong” Marcos, Jr.’s Bagong Pilipinas governance campaign to assure that no Filipino will be left behind towards the nation’s path to progress. “Gone are the days when some may think that acces
Post a Comment
Read more

Bawal Bastos Law RA No. 11313, or The Safe Spaces Act

-
Image
  Bawal Bastos Law.  The Republic Act No. 11313, or The Safe Spaces Act (Bawal Bastos Law), covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, the workplace, and online spaces. 𝗧𝗵𝗲 𝗰𝗿𝗶𝗺𝗲𝘀 𝗼𝗳 𝗴𝗲𝗻𝗱𝗲𝗿-𝗯𝗮𝘀𝗲𝗱 𝘀𝘁𝗿𝗲𝗲𝘁𝘀 𝗮𝗻𝗱 𝗽𝘂𝗯𝗹𝗶𝗰 𝘀𝗽𝗮𝗰𝗲𝘀 𝘀𝗲𝘅𝘂𝗮𝗹 𝗵𝗮𝗿𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁 are committed through any unwanted and uninvited sexual actions or remarks against any person 𝗿𝗲𝗴𝗮𝗿𝗱𝗹𝗲𝘀𝘀 𝗼𝗳 𝗺𝗼𝘁𝗶𝘃𝗲 for committing such action or remarks.   This law, while being closely related to Republic Act 7877 [or the Anti-Sexual Harassment Act of 1995], expands the meaning of ‘safe spaces’. The new law also [expands] the meaning of sexual harassment and who can be considered an offender. While the former law limited the definition of offenders to authority figures (abuse of authority), the present law (Bawal Bastos Law) recognises that [anyone] can be an offender.  Republic Act No. 1131
Post a Comment
Read more

𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐑𝐞𝐚𝐥𝐢𝐭𝐲 𝐓𝐞𝐬𝐭.

-
Image
  𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐑𝐞𝐚𝐥𝐢𝐭𝐲 𝐓𝐞𝐬𝐭. [G.R. No. 189255 June 17, 2015]  "Aside from the control test, the Supreme Court has also used the economic reality test in determining whether an employer-employee relationship exists between the parties."  "Under this test, the economic realities prevailing within the activity or between the parties are examined, taking into consideration the [totality of circumstances] surrounding the true nature of the relationship between the parties." In Sevilla v. Court of Appeals, we observed the need to consider the existing economic conditions prevailing between the parties, in addition to the standard of right-of-control [...] to give a clearer picture in determining the existence of an employer-employee relationship based on an analysis of the totality of economic circumstances of the worker.  Thus, the determination of the relationship between employer and employee depends upon the circumstances of the whole economic activi
Post a Comment
Read more

SC - admits the employee's allegations even if they are not covered by the original complaint.

-
Image
  Sub-paragraph (c) purportedly limits the coverage of the position papers of the parties to only those claims and causes of action stated in the complaint or amended complaint; [whereas] sub-paragraph (d) directs that the reply shall only allege and prove facts and causes of action contained in the original or amended complaint or in the position paper.  At this juncture, it is well to take judicial notice of the fact that initiatory complaints filed before the NLRC are just blank forms wherein the employee-complainant simply inputs his/her details, the respondent's details, and ticks off a checklist of causes of action which are applicable to him/her. It is only upon the filing of position papers that the complainant is able to expound on the employer's acts or omissions which constitute his/her causes of action against the latter..  Given the foregoing, it is only reasonable to infer that [notwithstanding] the aforementioned provision, the complaint cannot be the sole basis
Post a Comment
Read more

DOLE Issues Labor Advisory No. 28-20 on Guidelines on the Payment of Thirteenth Month Pay

-
Image
DOLE Issues Labor Advisory No. 28-20 on Guidelines on the Payment of Thirteenth Month Pay On October 19, 2020, the Department of Labor and Employment issued Labor Advisory No. 28-20 on the Guidelines on the Payment of Thirteenth Month Pay. It is clarified in this Labor Advisory that 13th Month Pay should not be deferred nor exempted from payout. Download the PDF file here:  https://drive.google.com/file/d/1IhG8aEgdJa8oUU9N3Cfm5RyjufA06XJL/view?usp=drivesdk
Post a Comment
Read more

CTA upholds acquittal of Ressa, Rappler in fifth tax case

-
Image
  The Court of Tax Appeals (CTA) has affirmed the acquittal of Nobel laureate Maria Ressa and her online news organization, Rappler Holdings Corp In a 17-page decision promulgated on July 16, the appellate tax court denied the petition for review filed by the Office of the Solicitor General (OSG) in December 2023, which challenged the acquittal of Ressa and RHC by the Pasig City Regional Trial Court (RTC) Branch 157. "No grave abuse of discretion may be attributed to a court simply because of its alleged misapplication of facts and evidence, and erroneous conclusions based on said eviden~e. Certiorari will issue only to correct errors of jurisdiction, and not errors or mistakes in the findings and conclusions of thle trial court." -CTA SPONSORED  Bar Exam Logic (2024) by Dean Ralph A. Sarmiento In January 2023, the CTA also acquitted Ressa and RHC of four out of the five tax-related charges, as the prosecution failed to prove their guilt beyond a reasonable doubt. The tax eva
Post a Comment
Read more

Divorce advocates to lawmakers: "Listen to us, not just research"

-
Image
  Divorce advocates to lawmakers:  "Listen to us, not just research" As advocates fight for likely the world's last divorce bill, they say lawmakers must pay attention to stories of Filipino women and men who suffer in loveless marriages. SPONSORED  Bar Exam Logic (2024) by Dean Ralph A. Sarmiento In a “State of the Divorce Advocates Address” event organized by lobbying group Divorce for the Philippines Now and Gabriela Women’s Party on Wednesday, July 17, Filipino women in broken marriages told their stories about why they think divorce is the way to achieve happiness and freedom. Read the full story  https://www.rappler.com/philippines/divorce-advocates-lawmakers-listen-us-not-just-research/
Post a Comment
Read more

SC applied the "economic dependency test" and ruled a Lazada delivery rider as a regular employee.

-
Image
  ANTECEDENTS   In February 2016, Chrisden Cabrera Ditiangkin, Hendrix Masamayor Molines,5 Harvey Mosquito Juanio, Joselito Castro Verde, and Brian Anthony Cubacub Nabong (collectively, riders) were hired as riders by Lazada E-Services Philippines, Inc. (Lazada). They were primarily tasked to pick up items from sellers and deliver them to Lazada's warehouse. Each of them signed an Independent Contractor Agreement (Contract) which states that they will be paid P1,200.00 per day as service fee. Respondents maintain that the Contract they signed with petitioners explicitly states that there is no employer-employee relationship between them. SC RULING   When the status of the employment is in dispute, the employer bears the burden to prove that the person whose service it pays for is an independent contractor rather than a regular employee with or without fixed terms. SPONSORED   Bar Q&A (2024 Ed.) Law Questions Criminal Commercial Civil Political Labor Taxation Ethics Remedial Our
Post a Comment
Read more

SC - An employee who is paid solely on commission can still be classified as a regular employee

-
Image
  Genon averred that he worked as a truck driver for Dynamiq, a hauling business, from September 10, 2009 until he resigned on June 3, 2014.   SPONSORED   Bar Q&A (2024 Ed.) Law Questions Criminal Commercial Civil Political Labor Taxation Ethics Remedial ISSUE The fundamental issue that the Court must resolve is whether Genon is a regular employee entitled to 13th month pay SC RULING   Although Genon was paid on a commission basis, he is a regular employee. It should be remembered that a regular status of employment is not based on how the salary is paid to an employee.  An employee may be paid purely on commission and still be considered a regular employee. As a regular employee, Genon is entitled to receive 13th month pay. "[A]n employee who has resigned, or whose services were terminated at any time before the payment of the 13th month pay, is entitled to this monetary benefit in proportion to the length of time [they] worked during the year, reckoned from the time [they]
Post a Comment
Read more

SC - Floating status may constitute illegal dismissal

-
Image
  The so-called " floating status " of an employee should last only for a legally prescribed period of time. When that "floating status" of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation. SPONSORED   Bar Q&A (2024 Ed.) Law Questions Criminal Commercial Civil Political Labor Taxation Ethics Remedial Under Article 279 of the Labor Code, as amended, an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full back wages, inclusive of allowances, and to other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. Thus, it being clearly established that herein petitioner was constructively dismissed, the decision of the Labor Arbiter awarding him back w
Post a Comment
Read more

Employers Have Equal Rights: The Law Protects Workers Without Oppressing Employers

-
Image
“In protecting the rights of the workers, the law, however, does not authorize the oppression or self-destruction of employer. The constitutional commitment to the policy of social justice cannot be understood to mean that every labor dispute shall automatically be decided in favor of labor.  The constitutional and legal protection equally recognize the employer’s right and prerogative to manage its operation according to reasonable standards and norms of fair play.” ¹ Sponsored   After due consideration, we find the NLRC legally correct and well within its jurisdiction when it affirmed the validity of the respondents’ dismissal on the ground of serious misconduct. Sexual acts and intimacies between two consenting adults belong, as a principled ideal, to the realm of purely private relations.1âwphi1 Whether aroused by lust or inflamed by sincere affection, sexual acts should be carried out at such place, time and circumstance that, by the generally accepted norms of conduct, will not o
Post a Comment
Read more