Atty. Phil Juris

RATIONALE The law allows recovery of actual damages for loss of earning capacity in consideration of the heirs of the deceased or those who are legally entitled to support from the deceased. The damages do not pertain to the full amount of foregone earnings, "but of the support they received or would have received from [the deceased] had he not died in consequence of the negligence [or fault] of [the tortfeasor or the accused]."29 This form of actual damages quantifies the loss of the deceased’s family in terms of financial support they will receive from the deceased. A widow does not only grieve for the loss of her husband; she also has to worry about finding an additional source of livelihood. The condition is often worsened when the deceased is the sole breadwinner of the family and the family is already experiencing difficulties making ends meet. While this might not always be the case, the law devised the concept of actual damages in the form of loss of earning capacity ...

Things Outside the Commerce of Men, Such as Public Office or Its Term, Cannot Be the Object of a Valid Contract Not everything is up for grabs. In law—and in principle—there are things that simply cannot be bought, sold, or traded. One of these is public office. You may recall the much-talked-about term-sharing deal in 2019 between then-House Speaker Alan Peter Cayetano and Representative Lord Allan Velasco. Brokered no less by then-President Rodrigo Duterte, the deal was supposed to split the three-year speakership between the two. While it looked like a “gentleman’s agreement,” what followed was a political standoff, public drama, and eventually, a tense transition of power. Then more recently, there was buzz around Rep. Toby Tiangco allegedly eyeing the speakership amid internal rifts in Congress.  These events show us a pattern: every time public office becomes a matter of “arrangement,” things tend to fall apart. Why? Because under Philippine law, public office is not for sale...

  Do Courtesy Resignations Have Legal Weight in Public Office? Recent developments have brought renewed attention to the practice of “courtesy resignations” in government, particularly following reports that President Ferdinand Marcos Jr. has asked several Cabinet Secretaries and high-ranking officials to tender their resignations. While the gesture is often framed as part of protocol or delicadeza, it is important to examine whether such acts carry any legal weight or validity. First, it must be emphasized that there is no legal basis under the 1987 Constitution or existing statutes that formally recognizes a “courtesy resignation” as a mechanism for vacating public office. It is a political custom — not a legal process. The distinction is important because the validity of a resignation depends not only on its form, but also on the circumstances under which it was made. The Supreme Court has consistently held that a resignation must be voluntary, unconditional, and accompanied...

  Proving That a Printout Is a True Copy of the Original: Here’s What You Need to Know Let’s face it—most important documents today are no longer handed to us on paper. They live in our email inboxes, cloud storage, or official websites. Whether it’s an insurance policy, a bank statement, or a contract, we often need to print a digital copy for legal use. But here’s the question: Will that printout be accepted in court or by a government office? The short answer is yes—if you follow the right steps . In the Philippines, there are clear rules for proving that a printout is a faithful reproduction of the original electronic file. 🧾 What the Law Says Under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC) , a printed version of an electronic document can be treated as an original , as long as it accurately shows what was in the system or online account. But the printout must be properly authenticated . The most practical way to do this is by signing an Affidavit of Au...

  Deceit is not an essential requisite of estafa with abuse of confidence, since the breach of confidence takes the place of the fraud or deceit. Elements of Estafa with abuse of confidence.—The elements of estafa with abuse of confidence are as follows: (a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) that there is a demand made by the offended party on the offender.  It is well-settled that when the money, goods, or any other personal property is received by the offender from the offended party in trust or on commission or for administration, the offender acquires both material or phys...

  SC: Employer-Employee Relationship Begins Once Job Offer is Signed The Supreme Court has ruled that an employer-employee relationship is established as soon as a job offer is signed—regardless of whether the employee has started working. In a Decision issued on April 2, 2025 and released to the public on May 16, 2025, the Court found Alltech Biotechnology Corporation guilty of illegally dismissing Paolo Landayan Aragones. Alltech had offered Aragones the position of Swine Technical Manager – Pacific in 2016, with a monthly salary of ₱140,000. Aragones accepted the offer and resigned from his previous job. However, before his start date, Alltech informed him that the position was abolished due to a global restructuring and instead offered him ₱140,000 as a goodwill payment. Aragones filed a case for illegal dismissal. The Labor Arbiter initially ruled in his favor, but the National Labor Relations Commission (NLRC) reversed the ruling, saying there was no employer-employee relatio...