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Question A.5, Labor Law, 2019 Bar Exam
Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC Convenience Store. She was required to report on December 25 and 30. Should ABC Convenience Store pay her holiday pay? Explain. (2.5%) Suggested Answer: No. Answer Under the Omnibus Rules Implementing the Labor Code, employees of retail and service…
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…
Revelation of secrets by an officer, Revised Penal Code
1. Concept Article 229. Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods,…
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…
distingue tempora et concordabis jura
Latin maxim. • “Distinguish times and you will harmonize laws.” (Commissioner of Customs v. Superior Gas and Equipment Co., En Banc, G.R. No. L-14115, May 25, 1960) … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
Expulsion, Revised Penal Code
1. Concept Article 127. Expulsion. – The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. (Act No. 3815, Revised Penal Code) 2. Modes of commission 2…