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Mindanao university ordered to close law programs

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  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
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Long Absence of a Spouse Considered Psychological Incapacity According to the Supreme Court

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 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
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Manila gov't announces road closures for 2024 Bar Exams

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  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
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Article 147 vs. Art. 148, Family Code

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  '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
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Villar files bill extending validity of vehicle registration

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  Under the proposed measure, the validity of the certificates of registration for brand new motor vehicles shall be increased from the current three years to five years; for brand new motorcycles, to three years from the current one year. Las Piñas Rep. Camille Villar SPONSORED   Bar Q&A (2024 Ed.) - Political Law - Carlo Cruz - Questions and Answers In House Bill 10696 , Villar said there is a need to amend the Land Transportation and Traffic Code. The measure shall be known as the Extended Motor Vehicle Registration Act of 2024, once approved and enacted. READ the full story: https://www.philstar.com/nation/2024/08/25/2380320/villar-files-bill-extending-validity-vehicle-registration
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Notaries public near Cebu City Hall get second chance after violations

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  Violations included notarizing documents without the signatories being present. The notaries public were allowed to retake their oaths on Wednesday, Aug. 21, 2024, following the inspection conducted on Aug. 9 by Cebu City Executive Judge Marlon Jay Moneva. Common violations identified included the use of “barkers” near City Hall to solicit clients, notarizing documents in the absence of the signatories, and failing to properly verify the identities of individuals signing documents, the Regional Trial Court Cebu City-Office of the Executive Judge reported on its Facebook page. Read the full story: https://www.sunstar.com.ph/cebu/notaries-public-near-cebu-city-hall-get-second-chance-after-violations ✍️ Sunstar Claudine Flores 📸 | artist | ctto | cebucityhall 🥑 https://hopp.bio/philjuris
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The remedy of certiorari under Rule 65 of the Rules of Court

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  A petition for certiorari is governed by Rule 65, Section 1 of the Rules of Court, which expressly states: Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require. (Emphasis supplied) A writ of certiorari may be issued only for the correction of errors of jurisdiction or grave abuse of discretion amounting to lack or in excess of jurisdiction. The writ cannot be used for any other purpose, as its functio
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Law school grads could earn license through work rather than bar exam in some states

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  Migrants passing through the courtroom of the U.S. Detention Center in Port Isabel, Texas, often don’t have lawyers representing them. Texas is among the states that, in an effort to get more lawyers to underserved communities, are considering an alternative pathway for law school graduates to become licensed. Veronica Gabriela Cardenas/Pool photo via The Associated Press PORTLAND, Ore. — Before Bailey McQueeny-Rose attended law school at the University of Oregon, she worked in reproductive health care, first as a medical assistant and then as a trainer, teaching others to do the same job. The work opened her eyes to how access to health care differed based on the laws in the six states where she oversaw training, and she began to consider becoming a civil rights lawyer. Read https://stateline.org/2024/07/26/law-school-grads-could-earn-license-through-work-rather-than-bar-exam-in-some-states/
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When a person violates a Regulation that imposes a fine or community service, arrest is not proper.

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  When a person violates a Regulation that imposes a fine or community service, arrest is not proper. Therefore, there could be no search incidental to a lawful arrest [.] Examples : (i) Violation of city or municipal ordinance ; (ii) Under R.A. 4136 , or the Land Transportation and Traffic Code, the general procedure for dealing with a trafficviolation is [not] the arrest of the offender, [but] the confiscation of the driver’s license of the latter or issue a corresponding ticket as the case may be[.] To protect the people from unreasonable searches and seizures, Section 3(2), Article III of the 1987 Constitution providesthat evidence obtained from unreasonable searches and seizures shall be inadmissible in evidence for any purpose in any proceeding. In other words, evidence obtained and confiscated on the occasion of such unreasonable searches and seizures are deemed tainted and should be [excluded] for being the proverbial fruit of a poisonous tree[.] [...] the law requires that the
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SC – The owner cannot rely on the issuance of title in her name to avail herself of the benefit of filing an Unlawful Detainer case against a peaceful possessor of the property.

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Moreover, a case of unlawful detainer must state the [period] when the occupation by tolerance stm1ed and the acts of tolerance exercised by the party with the right of possession. 47   Well-settled is the rule that a title issued under the Torrens system is entitled to all the attributes of property ownership, which necessarily includes possession. However , the Court has also emphasized that "an ejectment case will not necessarily be decided in favor of one who has presented proof of ownership of the subject property. It is an elementary principle of civil law that the owner of real property is entitled to the possession thereof as an attribute of his or her ownership. In fact, the holder of a Torrens Title is the rightful owner of the property thereby covered. and is entitled to its possession. This notwithstanding , "the owner cannot simply wrest possession thereof from whoever is in actual occupation of the property." Rather, to recover possession, the owner must
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