Obligations with a period, A1193-1198, Civil Code

Obligations with a period, A1193-1198, Civil Code

1. Concepts Article 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not…

Online posts that could violate conflict of interest, C2S44 CPRA

Online posts that could violate conflict of interest, C2S44 CPRA

Section 44, Canon II SECTION 44. Online posts that could violate conflict of interest. – A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Online posts that could violate…

Computation of penalties, A28-29 Revised Penal Code

Computation of penalties, A28-29 Revised Penal Code

1. Computation of penalties The following are the provisions for the computation of penalties. a. In prison Article 28. Computation of penalties. – If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final….

Accessories, A19-20 Revised Penal Code

Accessories, A19-20 Revised Penal Code

1. Concept Accessories – refers to those who did not directly participate in the commission of the crime but take part in the subsequent acts in certain and specific situations. a. Legal basis Article 19. Accessories. – Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either…

Mitigating circumstances, A13 Revised Penal Code

Mitigating circumstances, A13 Revised Penal Code

1. Concept Mitigating circumstances – refers to circumstances which reduces the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the…

Forcible abduction, A342 Revised Penal Code
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Forcible abduction, A342 Revised Penal Code

Forcible abduction – refers to the offense of abducting a woman against her will and with lewd designs. 1. Concept Forcible abduction – refers to the offense of abducting a woman against her will and with lewd designs. a. Legal basis Article 342. Forcible abduction. – The abduction of any woman against her will and…

Question B.20, Labor Law, 2019 Bar Exam

Question B.20, Labor Law, 2019 Bar Exam

Discuss the differences between compulsory and voluntary/optional retirement as well as the minimum benefits provided under the Labor Code for retiring employees of private establishments. (2.5%) Suggested Answer: Under the Labor Code, the age for compulsory retirement at 65 years, while the minimum age for optional retirement is set at 60 years. The retirement pay…

Question B.19, Labor Law, 2019 Bar Exam

Question B.19, Labor Law, 2019 Bar Exam

Because of dwindling sales and the consequent limitation of productions, rumors were rife that XYZ, Inc. would reduce its employee force. The next day, the employees of XYZ, Inc. received a notice that the company will have a winding down period of 10 days, after which there will be a six (6)-month suspension of operations…

Question B.18, Labor Law, 2019 Bar Exam

Question B.18, Labor Law, 2019 Bar Exam

When resolving a case of unfair labor practice (ULP) filed by a union, what should be the critical point of analysis to determine if an act constitutes ULP? (2.5%) Suggested Answer: The critical point of analysis would be to determine if the acts complained violate the workers’ right to organize. Unfair labor practice refers to…

Question B.17, Labor Law, 2019 Bar Exam

Question B.17, Labor Law, 2019 Bar Exam

Ms. A is a volleyball coach with five (5) years of experience in her field. Before the start of the volleyball season of 2015, she was hired for the sole purpose of overseeing the training and coaching of the University’s volleyball team. During her hiring, the Vice-President for Sports expressed to Ms. A the University’s…