Atty. Phil Juris

  Facts: Employees of Holy Face Cell Corporation , operating as Tres Pares Fast Food, were informed on January 14, 2011, that the restaurant would close on January 19, 2011. The employees attempted to discuss the closure with the company's president, Hayden Kho, Sr ., but were unsuccessful. The restaurant closed as scheduled, leading the employees to file a complaint for illegal dismissal, seeking separation pay and other benefits. Supreme Court Ruling: The Supreme Court ruled that the failure to provide notice of closure constitutes a violation of procedural due process but does not amount to an unlawful or criminal act. The Court stated: "The failure to give notice is not an unlawful act because the law does not define such failure as unlawful." Consequently, the Court found no basis to hold Kho personally liable for the corporate liabilities arising from the case. Reasoning: The Court emphasized that non-compliance with the notice requirement results in a procedura...

  Photocopies are admissible as duplicates under the Original Document Rule, subject to exceptions Under Philippine law, a photocopy of a document may be admitted in evidence even without producing the original, provided it qualifies as a duplicate under the Revised Rules on Evidence and no applicable exception prevents its admission. Section 3, Rule 130 of the Revised Rules on Evidence embodies the Original Document Rule, which generally requires the presentation of the original document when its contents are the subject of inquiry. However, this rule must be read together with Section 4, which expressly recognizes the admissibility of duplicates.[1] Under Section 4(b), a duplicate includes a counterpart produced through photography, mechanical or electronic reproduction, or other equivalent techniques that accurately reproduce the original. Section 4(c) further provides that a duplicate is admissible to the same extent as an original unless: 1. A genuine question is raised as to ...

The admissibility of CCTV footage as evidence is governed by the Rules on Electronic Evidence, particularly Rule 11, Section 1 of the  of A.M. No. 01-7-01-SC . This provision states that audio, photographic, and video evidence is admissible if it is "shown, presented, or displayed to the court and identified, explained,   or authenticated by the person who made the recording [ o]r by some other person competent to testify on its accuracy. The use of the conjunction "or" in this rule is significant. It indicates that authentication of such evidence is not limited to the individual who originally recorded it. Instead, any person who can competently testify to the accuracy and integrity of the footage may authenticate it. This flexibility is crucial in situations where the original recorder is unavailable or unknown. For instance, in People v. Manansala (G.R. No. 233104, September 2, 2020), the Supreme Court clarified that individuals authorized to authenticate video ...

"Eat Bulaga" host and comedian Vic Sotto is reportedly set to file a complaint against director Darryl Yap over the movie *The Rapists of Pepsi Paloma*.  According to a News 5 report, Sotto’s legal counsel stated that the complaint will be filed at the Muntinlupa City Regional Trial Court on Thursday, January 9. The controversy arose after Sotto’s name was mentioned in the film’s teaser. Yap, in a Facebook post on Monday, January 6, said he was uncertain about apologizing to Sotto for including his name in the teaser.  He wrote:   “About Sir Vic Sotto, I’m not sure whether to offer an apology for his name being mentioned in the film. The truth, after all, is unapologetic. As a public figure tied to a public story, I believe there’s an understanding that stories like this will inevitably resurface. My role as a filmmaker isn’t to pass judgment or provoke—it’s to tell the story as it happened, with honesty and respect for the facts. I trust that those who will watch ...

  Application period for 2025 Bar Exams starts Jan. 8- SC The Supreme Court (SC) on Friday reminded those intending to take the 2025 Bar Examinations that the application period would be from Jan. 8 to March 17. In a bulletin, the tribunal said all new applicants, previous takers, and refreshers, who do not have existing accounts with the Supreme Court’s online platform, Bar Applicant Registration System and Tech Assistance (BARISTA), may create an individual account at https://portal.judicialry.gov.ph/ before they can access BARISTA. All applicants must complete/update their respective profile, fill out the application form, upload/re-upload digital copies of the documentary requirements, and pay the PHP12,800 application fee exclusively through the modes provided in the BARISTA . The 2025 Bar exams, chaired by Associate Justice Amy Lazaro-Javier, will be held on Sept. 7, 10, and 14. Courtesy of  cebudailynews.inquirer.net

Safeguarding Rights: Admissions by the Accused Require Written and Signed Consent – Supreme Court Mandate Rule III-B, Section 5-b of OCA Circular No. 69-2022 emphasizes a crucial safeguard for the rights of the accused, mandating that no admission can be used against them unless it is reduced into writing and signed by both the accused and their defense counsel .  This provision upholds the constitutional right to due process and ensures that any admission is made voluntarily, knowingly, and with the guidance of legal counsel.  For a deeper understanding of this rule and its implications, we encourage you to read the full text of OCA Circular No. 69-2022 at the link provided: https://drive.google.com/file/d/1VuRhH9i9Wlnhh5B6JpAo_sjrv3Uog0R4/view?usp=drivesdk

BuCor director general Gregorio Catapang Jr. said Malacañang has commuted Dela Peña's sentence, which along with the prisoner's good conduct time allowance paved the way for the release. (KAPATID photo) Gerardo dela Peña, said to be the country's oldest political prisoner at 85, walked out of the New Bilibid Prison a free man over the weekend, Bureau of Corrections director general Gregorio Catapang Jr. said. The recent release of 85-year-old Gerardo dela Peña, the Philippines' oldest political prisoner, underscores the constitutional safeguard that  "No person shall be detained solely by reason of his political beliefs and aspirations."   Dela Peña, a farmer from Vinzons, Camarines Norte, had been incarcerated for nearly a decade before his release from the New Bilibid Prison on June 30, 2024.   His case highlights ongoing concerns about the detention of individuals based on political affiliations. In the 1997 Supreme Court case of People v. CASIDO, G.R. No...