# Legal Resource PH > Resource for Philippine Laws, Annotations, Lessons, Podcasts ## Posts - [Reformation of instruments – Contracts Law](https://legalresource.ph/reformation-of-instruments-contracts-law/): 1. Concept When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end... - [Searching domicile without witnesses, A130 Revised Penal Code](https://legalresource.ph/searching-domicile-without-witnesses-a130-revised-penal-code/): 1. Concept Article 130. Searching domicile without witnesses. – The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any... - [Search warrants maliciously obtained and abuse in the service of those legally obtained, A129 Revised Penal Code](https://legalresource.ph/search-warrants-maliciously-obtained-and-abuse-in-the-service-of-those-legally-obtained-a129-revised-penal-code/): 1. Concept Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained – In addition to the liability attaching to the offender for the commission of any offense, the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not exceeding (₱200,000)... - [Violation of domicile, A128 Revised Penal Code](https://legalresource.ph/violation-of-domicile-a128-revised-penal-code/): 1. Concept Article 128. Violation of domicile. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent... - [Expulsion, A127 Revised Penal Code](https://legalresource.ph/expulsion-a127-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... - [Delaying release, A126 Revised Penal Code](https://legalresource.ph/delaying-release-a126-revised-penal-code/): 1. Concept Article 126. Delaying release. – The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of... - [Delay in the delivery of detained persons to the proper judicial authorities, A125 Revised Penal Code](https://legalresource.ph/delay-in-the-delivery-of-detained-persons-to-the-proper-judicial-authorities-a125-revised-penal-code/): 1. Concept Article 125. Delay in the delivery of detained persons to the proper judicial authorities. – The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities... - [Arbitrary detention, A124 Revised Penal Code](https://legalresource.ph/arbitrary-detention-a124-revised-penal-code/): 1. Concept Article 124. Arbitrary detention. – Any public officer or employee who, without legal grounds, detains a person, shall suffer; 1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days; 2. The penalty of prision correccional in its medium... - [Mutiny, Revised Penal Code](https://legalresource.ph/mutiny-revised-penal-code/): 1. Concept Article 122. Piracy in general and mutiny on the high seas. – The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the... - [Flight to enemy country, A121 Revised Penal Code](https://legalresource.ph/flight-to-enemy-country-a121-revised-penal-code/): 1. Concept Article 121. Flight to enemy country. – The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements: 1) The offender owes... - [Correspondence with hostile country, A120 Revised Penal Code](https://legalresource.ph/correspondence-with-hostile-country-a120-revised-penal-code/): 1. Concept Article 120. Correspondence with hostile country. – Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. By prision correccional, if the correspondence has been prohibited by the Government; 2. By prision mayor, if such correspondence be carried on... - [Inciting to war or giving motives for reprisals, A118 Revised Penal Code](https://legalresource.ph/inciting-to-war-or-giving-motives-for-reprisals-a118-revised-penal-code/): 1. Concept Article 118. Inciting to war or giving motives for reprisals. – The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the... - [Violation of neutrality, A119 Revised Penal Code](https://legalresource.ph/violation-of-neutrality-a119-revised-penal-code/): 1. Concept Article 119. Violation of neutrality. – The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. (Act No. 3815, Revised Penal Code) 2. Mode of commission... - [Espionage, A117 Revised Penal Code](https://legalresource.ph/espionage-a117-revised-penal-code/): 1. Concept Article 117. Espionage. – The penalty of prision correccional shall be inflicted upon any person who: 1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or... - [Misprision of treason, A116 Revised Penal Code](https://legalresource.ph/misprision-of-treason-a116-revised-penal-code/): 1. Concept Article 116. Misprision of treason. – Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the... - [Conspiracy and proposal to commit treason, A115 Revised Penal Code](https://legalresource.ph/conspiracy-and-proposal-to-commit-treason-a115-revised-penal-code/): 1. Concept Art. 115. Conspiracy and proposal to commit treason; Penalty – The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding Two million pesos (₱2,000,000), and prisión correccional and a fire not exceeding One million pesos (₱1,000.000). (Act No. 3815, Revised Penal... - [Treason, A114 Revised Penal Code](https://legalresource.ph/treason-a114-revised-penal-code/): 1. Concept Art. 114. Treason – Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed Four million pesos (₱4,000,000). No person shall be convicted... - [Lessee’s rights and obligations](https://legalresource.ph/lessees-rights-and-obligations-lease-law/): 1. RIGHTS OF THE LESSEE Rights of the lessee: 1) To suspend rent payments; The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. (Article 1658, Ibid.) 2) To rescission and indemnification... - [Lessor’s rights and obligations](https://legalresource.ph/lessors-rights-and-obligations-lease-law/): 1. RIGHTS OF THE LESSOR Rights of the lessor: 1) To rescission and indemnification for damages; If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 [lessor’s obligations] and 1657 [lessee’s obligations], the aggrieved party may ask for the rescission of the contract and indemnification for damages, or... - [Lease in general](https://legalresource.ph/lease-in-general-lease-law/): Lease in general, Lease Law 1. IN GENERAL The contract of lease may be of things, or of work and service. (Article 1642, Civil Code) a. Things ⦁ Definite period; Indefinite period – subject to 99-year lease limitation. In the lease of things, one of the parties binds himself to give to another the enjoyment... - [Quasi-offenses](https://legalresource.ph/quasi-offenses/): 1. Imprudence and negligence a. Reckless imprudence RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or... - [Crimes against honor, Revised Penal Code](https://legalresource.ph/crimes-against-honor-revised-penal-code/): Crimes against honor are intended to protect the honor and reputation of an individual. General Provisions 1) Persons responsible Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. (Article 360, Act No. 3815, Revised Penal Code) The... - [Crimes against the civil status of persons, Revised Penal Code](https://legalresource.ph/crimes-against-the-civil-status-of-persons-revised-penal-code/): Crimes against civil status – refer to those crimes that illegally change, alter, or modify an individual’s civil status. 1. Concept Crimes against civil status – refer to those crimes that illegally change, alter, or modify an individual’s civil status. 2. Crimes against civil status a. Simulation of birth Simulation birth – refers to the... - [Crimes against chastity, Revised Penal Code](https://legalresource.ph/crimes-against-chastity-revised-penal-code/): Crimes against chastity – refer to those crimes that relate to sexual intercourse. 1. Common Provisions a. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. – The crimes of adultery and concubinage shall... - [Crimes against property, Revised Penal Code](https://legalresource.ph/crimes-against-property-revised-penal-code/): CHAPTER 1: ROBBERY IN GENERAL ELEMENTS – ROBBERY IN GENERAL: 1) There is taking of personal property; 2) The personal property belongs to another; 3) The taking is with animus lucrandi; and, 4) The taking is with violence against or intimidation of persons or with force upon things. (Ablaza v. People, G.R. No. 217722, 26... - [Crimes against personal liberty and security, Revised Penal Code](https://legalresource.ph/crimes-against-personal-liberty-and-security-revised-penal-code/): Title Nine – Crimes Against Personal Liberty and Security Chapter One: Crimes Against Liberty Section One. – Illegal Detention ⦁ Kidnapping and serious illegal detention ⦁ Slight illegal detention ⦁ Unlawful arrest Section Two. – Kidnapping of minors ⦁ Kidnapping and failure to return a minor ⦁ Inducing a minor to abandon his home Section... - [Crimes against persons, Revised Penal Code](https://legalresource.ph/crimes-against-persons-revised-penal-code/): Title Eight – Crimes against Persons Chapter One: Destruction of Life Section One. – Parricide, murder, homicide ⦁ Parricide ⦁ Death or physical injuries inflicted under exceptional circumstances ⦁ Murder ⦁ Homicide ⦁ Death caused in a tumultuous affray ⦁ Physical injuries inflicted in a tumultuous affray ⦁ Giving assistance to suicide ⦁ Discharge of... - [Crimes committed by public officers, Revised Penal Code](https://legalresource.ph/crimes-committed-by-public-officers-revised-penal-code/): Title Seven – Crimes committed by Public Officers Chapter 1: Preliminary Provisions Article 203. Who are public officers. – For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in... - [Crimes against public morals, Revised Penal Code](https://legalresource.ph/crimes-against-public-morals-revised-penal-code/): Title Six – Crimes against Public Morals Chapter One: Gambling and Betting ⦁ Gambling ⦁ Importation and sale of lottery tickets or advertisements ⦁ Possession of lottery tickets or advertisements ⦁ Betting in sports contests ⦁ Illegal betting on horse race ⦁ Illegal cockfighting Chapter Two: Offenses Against Decency and Good Customs ⦁ Grave scandal... - [Crimes against public interest, Revised Penal Code](https://legalresource.ph/crimes-against-public-interest-revised-penal-code/): Title Four – Crimes Against Public Interest Chapter One: Forgeries Section One. – Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive. Section Two. – Counterfeiting Coins Section Three. – Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations... - [Crimes against public order, Revised Penal Code](https://legalresource.ph/crimes-against-public-order-revised-penal-code/): Title Three – Crimes against Public Order Chapter One: Rebellion, Sedition and Disloyalty Chapter Two: Crimes against Popular Representation Section One. – Crimes against legislative bodies and similar bodies Section Two. – Violation of parliamentary immunity Chapter Three: Illegal Assemblies and Associations Chapter Four: Assault Upon, and Resistance and Disobedience to, Persons in Authority and... - [Crimes against the fundamental law of the State, Revised Penal Code](https://legalresource.ph/crimes-against-the-fundamental-law-of-the-state-revised-penal-code/): Title Two – Crimes against the Fundamental Laws of the State Chapter One: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes against Religious Worship Section One. – Arbitrary detention and expulsion Section Two. – Violation of domicile Section Three. – Prohibition, interruption and dissolution of peaceful meetings... - [Crimes against national security and laws of nations, Revised Penal Code](https://legalresource.ph/crimes-against-national-security-and-laws-of-nations-revised-penal-code/): Title One – Crimes against National Security and the Law of Nations Chapter One: Crimes against National Security Section One. – Treason and espionage Section Two. – Provoking war and disloyalty in case of war Section Three. – Piracy and mutiny on the high seas or in Philippine waters References ⦁ Title 1 – Crimes... - [Assignment of credits](https://legalresource.ph/assignment-of-credits/): 1. ASSIGNMENT Perfection of assignment ⦁ An assignment of credits and other incorporeal rights shall be perfected in accordance with the provisions of Article 1475. (Article 1624, Ibid.) Cross-referenced article/s The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract... - [Extinguishment of a sales contract](https://legalresource.ph/extinguishment-of-a-sales-contract/): 1. In general Extinguishment of sales contract: 1) Same causes with extinguishment of all other obligations; 2) Those causes under Title VI-Sales; 3) Conventional redemption; AND 4) Legal redemption Sales are extinguished by the same causes as all other obligations, by those stated in the preceding articles of this Title, and by conventional or legal... - [Breach of a sales contract](https://legalresource.ph/breach-of-a-sales-contract/): 1. Remedies a. REMEDIES OF SELLERS Seller’s remedies: 1) Action for the price of goods; 2) Action for damages; or 3) Action for rescission. Action for the price of goods ⦁ If ownership has passed to the buyer. Where, under a contract of sale, the ownership of the goods has passed to the buyer and... - [Vendee’s Obligations](https://legalresource.ph/vendees-obligations/): 1. TO TRANSFER OWNERSHIP AND DELIVER THE THING SOLD The seller is bound to transfer the ownership of and deliver the object of the sale. (Article 1495, Ibid.) 2. TRANSFER OF OWNERSHIP AND DELIVERY OF THE THING SOLD The thing sold shall be understood as delivered, when it is placed in the control and possession... - [Vendor’s Obligations](https://legalresource.ph/vendors-obligations/): 1. TO PAY PRICE OF THE THING SOLD The buyer is bound to pay the price of the thing sold at the time and place stipulated in the contract. (Article 1582, Ibid.) 2. TO ACCEPT DELIVERY At time and place stipulated.The buyer is bound to accept delivery at the time and place stipulated in the... - [Effects of the contract when the thing sold has been lost](https://legalresource.ph/effects-of-the-contract-when-the-thing-sold-has-been-lost/): 1. Loss of generic things Entirely lost. If at the time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost, the contract shall be without any effect. (Article 1493, Ibid.) Partially lost. But if the thing should have been lost in part only, the buyer... - [Capacity to buy or sell](https://legalresource.ph/capacity-to-buy-or-sell/): All persons who are authorized in the Civil Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles. (Article 1489, Ibid.) 1. Minors or incapacitated persons Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay... - [Sales - Nature and Form](https://legalresource.ph/sales-nature-and-form/): By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. (Article 1458, Civil Code) Absolute or conditional. A contract of sale may be absolute or conditional. (Paragraph 2, Article... - [Swindling by Syndicate, PD 1689: Explainer](https://legalresource.ph/swindling-by-syndicate-pd-1689-explainer/): 1. Crime Swindling by a syndicate: Swindling (estafa) by syndicate is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative,... - [Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, RA 7610: Explainer](https://legalresource.ph/special-protection-of-children-against-abuse-exploitation-and-discrimination-act-ra-7610-explainer/): “Children” – refers to a person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (Section 3[a], R.A. 7610, Special Protection of Children Against Abuse, Exploitation, and... - [Anti-Carnapping Act, RA 10883: Explainer](https://legalresource.ph/anti-carnapping-act-ra-10883-explainer/): “Body building” – refers to a job undertaken on a motor vehicle in order to replace its entire body with a new body. (Section 2[a], R.A. 10883, New Anti-Carnapping Act of 2016) “Defacing or tampering with a serial number” – refers to the altering, changing, erasing, replacing or scratching of the original factory inscribed serial... - [Cybercrime Prevention Act of 2012, RA 10175: Explainer](https://legalresource.ph/cybercrime-prevention-act-of-2012-ra-10175-explainer/): “Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (Section 3[a], R.A. No. 10175, Cybercrime Prevention Act of 2012) “Alteration” – refers to the modification or change, in form or substance, of an existing computer data... - [Comprehensive Dangerous Drugs Act of 2002, RA 9165: Explainer](https://legalresource.ph/comprehensive-dangerous-drugs-act-of-2002-ra-9165-explainer/): 1. Crimes a. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals 1st Mode 1) Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of... - [Bouncing Checks Law, BP 22: Explainer](https://legalresource.ph/bouncing-checks-law-bp-22-explainer/): “Credit” – refers to an arrangement or understanding with the bank for the payment of such check. (Section 4, B.P. 22) 1. Crime a. Bouncing check 1st Mode (Insufficient funds) – Elements: 1) The making, drawing, and issuance of any check to apply for account or for value; 2) The knowledge of the maker, drawer,... - [Anti-Wire Tapping Act, RA 4200: Explainer](https://legalresource.ph/anti-wire-tapping-act-ra-4200-explainer/): 1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device... - [Anti-Violence Against Women and Their Children Act of 2004, RA 9262: Explainer](https://legalresource.ph/anti-violence-against-women-and-their-children-act-of-2004-ra-9262-explainer/): “Violence against women and their children” (VAWC) – refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or... - [Anti-Trafficking in Persons Act of 2003, RA 9208: Explainer](https://legalresource.ph/anti-trafficking-in-persons-act-of-2003-ra-9208-explainer/): “Trafficking in Persons” – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,... - [Anti-Torture Act of 2009, RA 9745: Explainer](https://legalresource.ph/anti-torture-act-of-2009-ra-9745-explainer/): “Torture” – refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed;... - [Anti-Plunder Act, RA 7080: Explainer](https://legalresource.ph/anti-plunder-act-ra-7080-explainer/): “Public Officer” – means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. (Section 1[a], R.A. 7080, Anti-Plunder Act, as amended by R.A. 7659) “Government” – includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or... - [Anti-Photo and Video Voyeurism Act of 2009, RA 9995: Explainer](https://legalresource.ph/anti-photo-and-video-voyeurism-act-of-2009-ra-9995-explainer/): “Broadcast” – means to make public, by any means, a visual image with the intent that it be viewed by a person or persons. (Section 3[a], R.A. No. 9995, Anti-Photo and Video Voyeurism Act of 2009) “Capture” with respect to an image – means to videotape, photograph, film, record by any means, or broadcast. (Section... - [Anti-Money Laundering Act of 2001, RA 9160: Explainer](https://legalresource.ph/anti-money-laundering-act-of-2001-ra-9160-explainer/): “Covered Institution” refers to: 1) Banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP); 2) Insurance companies and all other institutions supervised or regulated by the Insurance Commission; and 3) (a) Securities dealers, brokers, salesmen, investment houses and other similar... - [Anti-Hazing Act of 2018, RA 8049: Explainer](https://legalresource.ph/anti-hazing-act-of-2018-ra-8049-explainer/): “Hazing” – refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization including, but not limited to... - [Anti-Graft and Corrupt Practices Act, RA 3019: Explainer](https://legalresource.ph/anti-graft-and-corrupt-practices-act-ra-3019-explainer/): “Government” – includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches. (Section 2[a], R.A. 3019, Anti-Graft and Corrupt Practices Act, as amended) “Public officer” – includes elective and appointive officials and employees, permanent or temporary, whether in... - [Anti-Fencing Law of 1979, PD 1612: Explainer](https://legalresource.ph/anti-fencing-law-of-1979-pd-1612-explainer/): 1. Concept Fencing – refers to the crime of buying or transacting with stolen goods knowing or should have known that they are proceeds of a crime. a. Legal basis Fencing – is “the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal,... - [Anti-Child Pornography Act of 2009, RA 9775: Explainer](https://legalresource.ph/anti-child-pornography-act-of-2009-ra-9775-explainer/): “Child” – refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. (Section 3[a], R.A. No. 9775, Anti-Child Pornography Act of 2009) A child shall also refer to:... - [Lawyer's Oath](https://legalresource.ph/lawyers-oath/): I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of practicing law in the Philippines as an Officer of the Court in the interest of our people. I declare fealty to the Constitution of the Republic of Philippines. In doing so, I shall work towards promoting the rule of... - [Doctrine of non-interference/judicial stability](https://legalresource.ph/doctrine-of-non-interference-judicial-stability/): 1. IN GENERAL The doctrine of judicial stability or non-interference in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by... - [Principle of judicial hierarchy](https://legalresource.ph/principle-of-judicial-hierarchy/): 1. CONCEPT Save for the single specific instance provided by the Constitution under Section 18, Article VII, cases the resolution of which depends on the determination of questions of fact cannot be brought directly before the [the Supreme Court] because we are not a trier of facts. [The Supreme Court is] not equipped, either by... - [Rule-making power of the Supreme Court](https://legalresource.ph/rule-making-power-of-the-supreme-court/): 1. CONCEPT a. 1987 Constitution SECTION 5. The Supreme Court shall have the following powers: x x x (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall... - [Substantive Law v. Remedial Law](https://legalresource.ph/substantive-law-v-remedial-law/): 1. SUBSTANTIVE LAW The Supreme Court’s sole prerogative to issue, amend, or repeal procedural rules is limited to the preservation of substantive rights, i.e., the former should not diminish, increase or modify the latter. (Estipona, Jr. v. Lobrigo, G.R. No. 226679. 15 August 2017) Substantive law is that part of the law which creates, defines... - [Penalties for violations of Data Privacy Law, its IRR, and other NPC Issuances, Data Privacy Law](https://legalresource.ph/penalties-for-violations-of-data-privacy-law-its-irr-and-other-npc-issuances-data-privacy-law/): Violations of Data Privacy Law, its IRR, and other NPC Issuances Unauthorized processing of PI or SPI Section 52. Unauthorized Processing of Personal Information and Sensitive Personal Information. a. A penalty of imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but... - [Rules on accountability, Data Privacy Law](https://legalresource.ph/rules-on-accountability-data-privacy-law/): 1. Accountability for Transfer of Personal Data 1) A personal information controller shall be responsible for any personal data under its control or custody, including information that have been outsourced or transferred to a personal information processor or a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation. (Section 50,... - [Registration and compliance requirements, Data Privacy Law](https://legalresource.ph/registration-and-compliance-requirements-data-privacy-law/): 1. Enforcement of the Data Privacy Act Pursuant to the mandate of the Commission to administer and implement the Act, and to ensure the compliance of personal information controllers with its obligations under the law, the Commission requires the following: a. Registration of personal data processing systems operating in the country that involves accessing or... - [Outsourcing and subcontracting agreements, Data Privacy Law](https://legalresource.ph/outsourcing-and-subcontracting-agreements-data-privacy-law/): 1. Subcontract of Personal Data A personal information controller may subcontract or outsource the processing of personal data: Provided, that the personal information controller shall use contractual or other reasonable means to ensure that proper safeguards are in place, to ensure the confidentiality, integrity and availability of the personal data processed, prevent its use for... - [Data Breach Notification, Data Privacy Law](https://legalresource.ph/data-breach-notification-data-privacy-law/): Concept “Personal data breach” refers to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. (IRR, Section 3[k]) Data Breach Notification Section 38. Data Breach Notification. a. The Commission and affected data subjects shall be notified by the... - [Rights of Data Subjects, Data Privacy Law](https://legalresource.ph/rights-of-data-subjects-data-privacy-law/): 7 Rights of the Data Subjects The following are the 7 rights of the data subject under the Data Privacy Law: 1) Right to be Informed, 2) Right to Object, 3) Right to Access, 4) Right to Rectification, 5) Right to Erasure or Blocking 6) Right to Damages, and 7) Right to Data Portability. Figure... - [Security of sensitive personal information in Government](https://legalresource.ph/security-of-sensitive-personal-information-in-government-data-privacy/): 1. Responsibility of Heads of Agencies All sensitive personal information maintained by the government, its agencies, and instrumentalities shall be secured, as far as practicable, with the use of the most appropriate standard recognized by the information and communications technology industry, subject to these Rules and other issuances of the Commission. The head of each... - [Security Measures for Protection of Personal Data, Data Privacy Law](https://legalresource.ph/security-measures-for-protection-of-personal-data-data-privacy-law/): Responsibility of PICs and PIPs Section 25. Data Privacy and Security. Personal information controllers and personal information processors shall implement reasonable and appropriate organizational, physical, and technical security measures for the protection of personal data. The personal information controller and personal information processor shall take steps to ensure that any natural person acting under their... - [Lawful Processing of Personal Data, Data Privacy Law](https://legalresource.ph/lawful-processing-of-personal-data-data-privacy-law/): Concepts “Personal data” refers to all types of personal information. (IRR, Section 3[j], Rule I) “Personal information” refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together... - [Data Privacy Principles, Data Privacy Law](https://legalresource.ph/data-privacy-principles-data-privacy-law/): General Data Privacy Principles Section 17. General Data Privacy Principles. The processing of personal data shall be allowed, subject to compliance with the requirements of the Act and other laws allowing disclosure of information to the public, and adherence to the principles of transparency, legitimate purpose, and proportionality. (IRR, Rule IV) 1) Processing of personal... - [Scope of Application, Data Privacy Law](https://legalresource.ph/scope-of-application-data-privacy-law/): Scope Section 4. Scope. The Act and these Rules apply to the processing of personal data by any natural and juridical person in the government or private sector. They apply to an act done or practice engaged in and outside of the Philippines if: a. The natural or juridical person involved in the processing of... - [Retroactivity of the Family Code](https://legalresource.ph/retroactivity-of-the-family-code/): Concept: Retroactivity. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (Article 256, Family Code) Concept: Vested right. A vested right is one whose existence, effectivity and extent do not depend upon events foreign to the will... - [Parental Authority](https://legalresource.ph/parental-authority/): 1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and... - [Support](https://legalresource.ph/support/): 1. WHAT IT COMPRISES Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. (Article 194, Family Code) The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade... - [Adoption](https://legalresource.ph/adoption/): 1. Domestic adoption (R.A. No. 8552) a. Who may adopt Who may adopt: 1) Filipino citizen – Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at... - [Paternity Filiation](https://legalresource.ph/paternity-filiation/): 1. Legitimate children Concept: Legitimate children. Children conceived or born during the marriage of the parents are legitimate.(Article 164, Ibid.) Conceived or born during marriage. Children conceived or born during the marriage of the parents are legitimate. (Ibid.) Artificial insemination. Children conceived as a result of artificial insemination of the wife with the sperm of... - [Family Home](https://legalresource.ph/family-home/): 1. WHAT CONSTITUTES A FAMILY HOME The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (Article 152, Ibid.) When deemed constituted. The family home is deemed constituted... - [Property Relations, A74-81 Family Code](https://legalresource.ph/property-relations-a74-81-family-code/): 1. Property Relations Community property – “is the shared pool of assets and income that both spouses jointly own and administer during the marriage.” (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 21 April 2025]) Property relations – “in the context of married couples refer to the legal system that governs... - [Marital Obligations, A68-72 Family Code](https://legalresource.ph/marital-obligations-a68-72-family-code/): 1. Rights and Obligations a. To live together Art. 68. The husband and wife are obliged to live together x x x 1) As expressed in Article 6845 of the Family Code, the marital covenants include the mutual obligations of husband and wife to live together, observe love, respect and fidelity and to help and... - [Legal Separation, A56 Family Code](https://legalresource.ph/legal-separation-a56-family-code/): 1. Concept Legal separation – • … refers to the state or condition wherein legally married couples choose to live physically separate lives and forego cohabitation. • … is nothing more than the bed-and-board separation of the spouses (there being no absolute divorce in this jurisdiction). (Sy v. Eufemio, En Banc, G.R. No. L-30977, 31... - [Marriage](https://legalresource.ph/marriage/): Marriage – is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation,... - [Persons](https://legalresource.ph/persons/): 1. Civil personality There are two (2) kinds of persons under the law: 1) Natural persons, and, 2) Juridical persons. a. NATURAL PERSONS Birth and personality. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in... - [Civil liabilities in crimes – Criminal Law](https://legalresource.ph/civil-liabilities-in-crimes-criminal-law/): 1. Civil liability of certain persons Every person criminally liable for a felony is also civilly liable. (Article 100, Ibid.) a. Rules regarding civil liability in certain cases The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code... - [Extinction of criminal liability – Criminal Law](https://legalresource.ph/extinction-of-criminal-liability-criminal-law/): 1. Total Extinction of Criminal Liability Criminal liability is totally extinguished: 1) By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. 2) By service of the sentence; 3) By amnesty, which completely extinguishes... - [Execution and service of sentence – Criminal Law](https://legalresource.ph/execution-and-service-of-sentence-criminal-law/): 1. General Provisions a. When and how a penalty is to be executed No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to... - [Persons liable and degree of participation – Criminal Law](https://legalresource.ph/persons-liable-and-degree-of-participation-criminal-law/): 1. Principals, accomplices, and accessories a. Criminal liability depending on penalty GRAVE AND LESS GRAVE FELONIES: The following are criminally liable for grave and less grave felonies: 1) Principals. 2) Accomplices. 3) Accessories. LIGHT FELONIES: The following are criminally liable for light felonies: 1) Principals 2) Accomplices. (Article 16, Ibid.) 2) Persons liable PRINCIPALS: The... - [Circumstances affecting criminal liability – Criminal Law](https://legalresource.ph/circumstances-affecting-criminal-liability-criminal-law-2/): 1. Justifying circumstances The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending... - [Criminal penalties – Criminal Law](https://legalresource.ph/criminal-penalties-criminal-law/): 1. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) a. Effect of pardon by the offended party A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard... - [Retroactive – Criminal Law](https://legalresource.ph/retroactive-criminal-law/): 1. Concept Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced... - [Interpretation of penal laws – Criminal Law](https://legalresource.ph/interpretation-of-penal-laws-criminal-law/): 1. Presumption of innocence In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987 Constitution) 2. Pro reo principle The fundamental principle in applying and interpreting criminal laws… is to resolve all doubts in favor of the accused. In dubio pro reo. When in doubt,... - [Applicability of PH criminal law – Criminal Law](https://legalresource.ph/applicability-of-ph-criminal-law-criminal-law/): 1. Principle of generality Under the principle of generality, all persons within the jurisdiction of the Philippines are subject to and bound by the country’s penal laws. 2. Principle of territoriality Except as provided in the treaties and laws of preferential application, the provisions of the Revised Code shall be enforced not only within the... - [Mala in se, mala prohibita – Criminal Law](https://legalresource.ph/mala-in-se-mala-prohibita-criminal-law/): 1. Concepts “Mala in se” – refers to acts wrong in themselves. (Dungo v. People, G.R. No. 209464, 01 July 2015) “Mala prohibita” – refers to acts which would not be wrong but for the fact that positive law forbids them. (Ibid.) 2. Importance of the difference The law has long divided crimes into acts... - [Void contracts – Contracts Law](https://legalresource.ph/void-contracts-contracts-law/): 1. Concept The following contracts are inexistent and void from the beginning: 1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; 2) Those which are absolutely simulated or fictitious; 3) Those whose cause or object did not exist at the time of the transaction; 4)... - [Unenforceable contracts – Contracts Law](https://legalresource.ph/unenforceable-contracts-contracts-law/): 1. Concept The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (2) Those that do not comply with the Statute of Frauds as set forth in this... - [Voidable contracts – Contracts Law](https://legalresource.ph/voidable-contracts-contracts-law/): 1. Concept Voidable contracts are binding, unless they are annulled by a proper action in court.(Paragraph 2, Article 1390, Ibid.) a. Voidable contracts The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: 1) Those where one of the parties is incapable of giving consent to... - [Rescissible contracts – Contracts Law](https://legalresource.ph/rescissible-contracts-contracts-law/): 1. Concept Contracts validly agreed upon may be rescinded in the cases established by law. (Article 1380, Civil Code) The term “rescission” is found in: 1) Article 1191 of the Civil Code, the general provision on rescission of reciprocal obligations; 2) Article 1659, which authorizes rescission as an alternative remedy, insofar as the rights and... - [Classifications of contracts – Contracts Law](https://legalresource.ph/classifications-of-contracts-contracts-law/): Contracts may be classified as follows: 1) Consensual contracts – essential requisites 2) Formal / solemn contracts – essential requisites + formality/solemnity 3) Real contracts – essential requisites + delivery of object 1. Consensual contracts a. Concept “Consensual contracts” – refer to contracts that are perfected by mere consent. The essential requisites of a consensual... - [Interpretation of contracts – Contracts Law](https://legalresource.ph/interpretation-of-contracts-contracts-law/): 1. Rules to interpreting contracts a. Literal meaning  If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. (Article 1370, Civil Code) b. Intention over words/terms If the words appear to be contrary to the evident intention of... - [Conniving with or consenting to evasion, A223 Revised Penal Code](https://legalresource.ph/conniving-with-or-consenting-to-evasion-a223-revised-penal-code/): 1. Concept Article 223. Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished: 1) By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final... - [Failure to make delivery of public funds or property, A221 Revised Penal Code](https://legalresource.ph/failure-to-make-delivery-of-public-funds-or-property-a221-revised-penal-code/): 1. Concept Article 221. Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay. This provision shall apply to any public... - [Illegal use of public funds or property, A220 Revised Penal Code](https://legalresource.ph/illegal-use-of-public-funds-or-property-a220-revised-penal-code/): 1. Concept Article 220. Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the... - [Failure of a responsible public officer to render accounts before leaving the country, A219 Revised Penal Code](https://legalresource.ph/failure-of-a-responsible-public-officer-to-render-accounts-before-leaving-the-country-a219-revised-penal-code/): 1. Concept Article 219. Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both. (Act No. 3815, Revised Penal... - [Failure of accountable officer to render accounts, A218 Revised Penal Code](https://legalresource.ph/failure-of-accountable-officer-to-render-accounts-a218-revised-penal-code/): 1. Concept Article 218. Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should... - [Malversation of public funds or property, A217 Revised Penal Code](https://legalresource.ph/malversation-of-public-funds-or-property-a217-revised-penal-code/): 1. Concept Article 217. Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or... - [Possession of prohibited interest by a public officer, A216 Revised Penal Code](https://legalresource.ph/possession-of-prohibited-interest-by-a-public-officer-a216-revised-penal-code/): 1. Concept Article 216. The penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his... - [Prohibited transactions, A215 Revised Penal Code](https://legalresource.ph/prohibited-transactions-a215-revised-penal-code/): 1. Concept Article 215. The penalty of prision correccional in its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his... - [Other frauds, A214 Revised Penal Code](https://legalresource.ph/other-frauds-a214-revised-penal-code/): 1. Concept Article 214. In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of... - [Frauds against the public treasury and similar offenses, A213 Revised Penal Code](https://legalresource.ph/frauds-against-the-public-treasury-and-similar-offenses-a213-revised-penal-code/): 1. Concept Article 213. The penalty of prision correccional in its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who: 1) In his official capacity, in dealing with any person with regard to furnishing supplies, the... - [Corruption of public officials, A212 Revised Penal Code](https://legalresource.ph/corruption-of-public-officials-a212-revised-penal-code/): 1. Concept Article 212. The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer”... - [Indirect bribery, A211 Revised Penal Code](https://legalresource.ph/indirect-bribery-a211-revised-penal-code/): 1. Concept Article 211. The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by direct... - [Direct bribery, A210 Revised Penal Code](https://legalresource.ph/direct-bribery-a210-revised-penal-code/): 1. Concept Article 210. Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its... - [Revelation of secrets by an attorney or solicitor, Revised Penal Code](https://legalresource.ph/revelation-of-secrets-by-an-attorney-or-solicitor-revised-penal-code/): 1. Concept The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. (Paragraph 2,... - [Betrayal of trust by an attorney or solicitor, Revelation of Secrets, A209 Revised Penal Code](https://legalresource.ph/betrayal-of-trust-by-an-attorney-or-solicitor-revelation-of-secrets-a209-revised-penal-code/): 1. Concept Article 209. In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance,... - [Tolerating commission of offenses, Revised Penal Code](https://legalresource.ph/tolerating-commission-of-offenses-revised-penal-code/): 1. Concept Article 208. The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission... - [Refraining from prosecution of offenses, Revised Penal Code](https://legalresource.ph/refraining-from-prosecution-of-offenses-revised-penal-code/): 1. Concept Article 208. The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law… (Act No. 3815, Revised Penal... - [Malicious delay in the administration of justice, A207 Revised Penal Code](https://legalresource.ph/malicious-delay-in-the-administration-of-justice-a207-revised-penal-code/): 1. Concept Article 207. The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by direct provision of the law, popular election or appointment by... - [Unjust interlocutory order, A206 Revised Penal Code](https://legalresource.ph/unjust-interlocutory-order-a206-revised-penal-code/): 1. Concept Article 206. Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be... - [Judgment rendered through negligence, A205 Revised Penal Code](https://legalresource.ph/judgment-rendered-through-negligence-a205-revised-penal-code/): 1. Concept Article 205. Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by... - [Knowingly rendering unjust judgment, A204 Revised Penal Code](https://legalresource.ph/knowingly-rendering-unjust-judgment-a204-revised-penal-code/): 1. Concept Article 204. Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by direct provision of the law, popular election... - [Legal or intestate succession](https://legalresource.ph/legal-or-intestate-succession/): 1. Concepts “Legal succession” or “intestate succession” takes place: 1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; 2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession... - [Vagrancy, decriminalized under R.A. 10158](https://legalresource.ph/vagrancy-decriminalized-under-r-a-10158/): 1. Concept Under the old and now-repealed provisions under Article 202 of the Revised Penal Code, vagrancy was a criminal offense that resulted in imprisonment for violators. Under the said old law, “vagrants” were defined as” 1) Any person having no apparent means of subsistence, who has the physical ability to work and who neglects... - [Prostitution, A202 Revised Penal Code](https://legalresource.ph/prostitution-a202-revised-penal-code/): 1. Concept Art. 202. Prostitutes; Penalty. – For the purpose of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not... - [Immoral doctrines, obscene publications and exhibitions and indecent shows, A201 Revised Penal Code](https://legalresource.ph/immoral-doctrines-obscene-publications-and-exhibitions-and-indecent-shows-a201-revised-penal-code/): 1. Concept Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows – The penalty of prisión mayor or a fine ranging from Twenty thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or both such imprisonment and fine, shall be imposed upon: 1. Those who shall publicly expound or proclaim doctrines openly contrary... - [Grave scandal, A200 Revised Penal Code](https://legalresource.ph/grave-scandal-a200-revised-penal-code/): 1. Concept Article 200. Grave scandal. – The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements... - [Illegal cockfighting, Revised Penal Code](https://legalresource.ph/illegal-cockfighting-revised-penal-code/): 1. Concept Article 199. Illegal cockfighting. – The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon: 1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets... - [Illegal betting on horse race, Revised Penal Code](https://legalresource.ph/illegal-betting-on-horse-race-revised-penal-code/): 1. Concept Article 198. Illegal betting on horse race. – The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to... - [Betting in sports contests, Revised Penal Code](https://legalresource.ph/betting-in-sports-contests-revised-penal-code/): 1. Concept Article 197. Betting in sports contests. – The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests. (Act... - [Possession of lottery tickets or advertisements, Revised Penal Code](https://legalresource.ph/possession-of-lottery-tickets-or-advertisements-revised-penal-code/): 1. Concept Article 196. Importation, sale and possession of lottery tickets or advertisements. – … x x x Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished... - [Importation and sale of lottery tickets or advertisements, Revised Penal Code](https://legalresource.ph/importation-and-sale-of-lottery-tickets-or-advertisements-revised-penal-code/): 1. Concept Article 196. Importation, sale and possession of lottery tickets or advertisements. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall... - [Gambling, A195 Revised Penal Code](https://legalresource.ph/gambling-a195-revised-penal-code/): 1. Concept Article 195. What acts are punishable in gambling. – (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon: 1. Any person other than... - [Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description, A189 Revise Penal Code](https://legalresource.ph/unfair-competition-fraudulent-registration-of-trade-mark-trade-name-or-service-mark-fraudulent-designation-of-origin-and-false-description-a189-revise-penal-code/): 1. Concept Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. – The penalty provided in the next proceeding article shall be imposed upon: 1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or... - [Subsisting and altering trade-mark, trade-names, or service marks, A188 Revised Penal Code](https://legalresource.ph/subsisting-and-altering-trade-mark-trade-names-or-service-marks-a188-revised-penal-code/): 1. Concept Article 188. Subsisting and altering trade-mark, trade-names, or service marks. – The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon: 1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or... - [Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys, A187 Revised Penal Code](https://legalresource.ph/importation-and-disposition-of-falsely-marked-articles-or-merchandise-made-of-gold-silver-or-other-precious-metals-or-their-alloys-a187-revised-penal-code/): 1. Concept Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. – The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any person who shall... - [Offering false testimony in evidence, A184 Revised Penal Code](https://legalresource.ph/offering-false-testimony-in-evidence-a184-revised-penal-code/): 1. Concept Article 184. Offering false testimony in evidence. – Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. (Article 184, Act No. 3815, Revised Penal Code)... - [Monopolies and combinations in restraint of trade, A186 Revised Penal Code](https://legalresource.ph/monopolies-and-combinations-in-restraint-of-trade-a186-revised-penal-code/): 1. Concept Article 186. Monopolies and combinations in restraint of trade. – The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon: 1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or... - [Machinations in public auctions, A185 Revised Penal Code](https://legalresource.ph/machinations-in-public-auctions-a185-revised-penal-code/): 1. Concept Article 185. Machinations in public auctions. – Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent... - [Perjury in solemn affirmation, Revised Penal Code](https://legalresource.ph/perjury-in-solemn-affirmation-revised-penal-code/): 1. Concept Article 183. … Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements... - [False testimony in other cases, A183 Revised Penal Code](https://legalresource.ph/false-testimony-in-other-cases-a183-revised-penal-code/): 1. Concept Article 183. False testimony in other cases and perjury in solemn affirmation. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall... - [False testimony in civil cases, A182 Revised Penal Code](https://legalresource.ph/false-testimony-in-civil-cases-a182-revised-penal-code/): 1. Concept Art. 182. False testimony in civil cases – Any person found guilty of false testimony in a civil case shall suffer the penalty of prisión correccional in its minimum period and a fine not to exceed One million two hundred thousand pesos (₱1,200,000), if the amount in controversy shall exceed One million pesos... - [False testimony favorable to the defendants, A181 Revised Penal Code](https://legalresource.ph/false-testimony-favorable-to-the-defendants-a181-revised-penal-code/): 1. Concept Art. 181. False testimony favorable to the defendant. – Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period of prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos... - [False testimony against a defendant, A180 Revised Penal Code](https://legalresource.ph/false-testimony-against-a-defendant-a180-revised-penal-code/): 1. Concept Art. 180. False testimony against a defendant. – Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death; 2. The penalty of prisión mayor, if the defendant shall have... - [Illegal use of uniforms or insignia, A179 Revised Penal Code](https://legalresource.ph/illegal-use-of-uniforms-or-insignia-a179-revised-penal-code/): 1. Concept Article 179. Illegal use of uniforms or insignia. – The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a... - [Concealing true name, Revised Penal Code](https://legalresource.ph/concealing-true-name-revised-penal-code/): 1. Concept Art. 178. Using fictitious name and concealing true name – The penalty of arresto mayor and a fine not to exceed One hundred thousand pesos (₱100,000) shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or... - [Using fictitious name, A178 Revised Penal Code](https://legalresource.ph/using-fictitious-name-a178-revised-penal-code/): 1. Concept The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage. (Article 178, Act No. 3815, Revised Penal Code) 2. Mode of... - [Usurpation of authority or official functions, A177 Revised Penal Code](https://legalresource.ph/usurpation-of-authority-or-official-functions-a177-revised-penal-code/): 1. Concept Article 177. Usurpation of authority or official functions. – Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any... - [Possession of instruments or implements for falsification, Revised Penal Code](https://legalresource.ph/possession-of-instruments-or-implements-for-falsification-revised-penal-code/): 1. Concept Art. 176. Manufacturing and possession of instruments or implements for falsification. – The penalty of prisión correccional in its medium and maximum periods and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any person who shall make or introduce into the Philippines any stamps, dies, marks, or other... - [Manufacturing of instruments or implements for falsification, A176 Revised Penal Code](https://legalresource.ph/manufacturing-of-instruments-or-implements-for-falsification-a176-revised-penal-code/): 1. Concept Art. 176. Manufacturing and possession of instruments or implements for falsification. – The penalty of prisión correccional in its medium and maximum periods and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any person who shall make or introduce into the Philippines any stamps, dies, marks, or other... - [Using false certificates, A175 Revised Penal Code](https://legalresource.ph/using-false-certificates-a175-revised-penal-code/): 1. Concept Article 175. Using false certificates. – The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) There knows that: (a) a physician... - [False medical certificates, false certificates of merits or service, etc., A174 Revised Penal Code](https://legalresource.ph/false-medical-certificates-false-certificates-of-merits-or-service-etc-a174-revised-penal-code/): 1. Concept Art. 174. False medical certificates, false certificates of merits or service, etc. – The penalties of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000) shall be imposed upon: 1. Any physician or surgeon who, in connection with... - [Use of said falsified messages, Revised Penal Code](https://legalresource.ph/use-of-said-falsified-messages-revised-penal-code/): 1. Concept See above: Paragraph 2, Article 173, Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) The offender uses such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice References ⦁ Title 4 – Crimes Against Public Interest, Book 2,... - [Falsification of wireless, cable, telegraph and telephone messages, A173 Revised Penal Code](https://legalresource.ph/falsification-of-wireless-cable-telegraph-and-telephone-messages-a173-revised-penal-code/): 1. Concept Article 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving... - [Use of falsified documents, Revised Penal Code](https://legalresource.ph/use-of-falsified-documents-revised-penal-code/): 1. Concept See above: Paragraph 2, Article 172, Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) The offender (a) knowingly introduces in evidence in any judicial proceeding or to the damage of another or (b) who, with the intent to cause such damage, uses any of the false... - [Falsification by private individual, A172 Revised Penal Code](https://legalresource.ph/falsification-by-private-individual-a172-revised-penal-code/): 1. Concept Art. 172. Falsification by private individual and use of falsified documents. – The penalty of prisión correccional in its medium and maximum periods and a fine of not more than One million pesos (₱1,000,000) shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next... - [Falsification by public officer, employee or notary or ecclesiastic minister, A171 Revised Penal Code](https://legalresource.ph/falsification-by-public-officer-employee-or-notary-or-ecclesiastic-minister-a171-revised-penal-code/): 1. Concept Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. – The penalty of prisión mayor and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any public officer, employee, or notary who, taking advantage of his of position shall falsify a document by committing any of... - [Falsification of legislative documents, A170 Revised Penal Code](https://legalresource.ph/falsification-of-legislative-documents-a170-revised-penal-code/): 1. Concept Art. 170. Falsification of legislative documents. – The penalty of prisión correccional in its maximum two hundred thousand pesos (₱1,200,000) shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of Congress or any provincial board or... - [Illegal possession and use of false treasury or bank notes and other instruments of credit, A168 Revised Penal Code](https://legalresource.ph/illegal-possession-and-use-of-false-treasury-or-bank-notes-and-other-instruments-of-credit-a168-revised-penal-code/): 1. Concept Article 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. – Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the... - [Counterfeiting, importing and uttering instruments not payable to bearer, A167 Revised Penal Code](https://legalresource.ph/counterfeiting-importing-and-uttering-instruments-not-payable-to-bearer-a167-revised-penal-code/): 1. Concept Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. – Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prisión correccional in its medium and maximum... - [Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents, A166 Revised Penal Code](https://legalresource.ph/forging-treasury-or-bank-notes-on-other-documents-payable-to-bearer-importing-and-uttering-such-false-or-forged-notes-and-documents-a166-revised-penal-code/): 1. Concept Art. 166. Forging treasury or bank notes or other documents payable to bearer; Importing, and uttering such false or forged notes and documents – The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or... - [Selling of false or mutilated coin, without connivance, A165 Revised Penal Code](https://legalresource.ph/selling-of-false-or-mutilated-coin-without-connivance-a165-revised-penal-code/): 1. Concept Article 165. Selling of false or mutilated coin, without connivance. – The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed... - [Mutilation of coins; Importation and utterance of mutilated coins, A164 Revised Penal Code](https://legalresource.ph/mutilation-of-coins-importation-and-utterance-of-mutilated-coins-a164-revised-penal-code/): 1. Concept Art. 164. Mutilation of coins; Importation and utterance of mutilated coins – The penalty of prisión correccional in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000) shall be imposed upon any person who shall mutilate coins of the legal currency of the Philippines or import or utter... - [Making and importing and uttering false coins, A163 Revised Penal Code](https://legalresource.ph/making-and-importing-and-uttering-false-coins-a163-revised-penal-code/): 1. Concept Art. 163. Making and importing and uttering false coins – Any person who make, imports, or utters false coins, in connivance with counterfeiters, or importers, shall suffer: 1. Prisión correccional in its minimum and medium periods and a fine not to exceed Four hundred thousand pesos (₱400,000), if the counterfeited coins be any... - [Using forged signature or counterfeit seal or stamp, A162 Revised Penal Code](https://legalresource.ph/using-forged-signature-or-counterfeit-seal-or-stamp-a162-revised-penal-code/): 1. Concept Article 162. Using forged signature or counterfeit seal or stamp. – The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article. (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of... - [Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive, A161 Revised Penal Code](https://legalresource.ph/counterfeiting-the-great-seal-of-the-government-of-the-philippine-islands-forging-the-signature-or-stamp-of-the-chief-executive-a161-revised-penal-code/): importing and uttering instruments not payable to bearer, Revised Penal Code Category Revised Penal Code Tags   Excerpt   Table of Contents 1. Concept 2 2. Mode of commission. 2 References. 2 1. Concept Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. – Any person who shall forge, import or utter, in... - [Commission of another crime during service of penalty imposed for another offense, A160 Revised Penal Code](https://legalresource.ph/commission-of-another-crime-during-service-of-penalty-imposed-for-another-offense-a160-revised-penal-code/): 1. Concept Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty. – Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished... - [Other cases of evasion of service of sentence, A159 Revised Penal Code](https://legalresource.ph/other-cases-of-evasion-of-service-of-sentence-a159-revised-penal-code/): 1. Concept Article 159. Other cases of evasion of service of sentence. – The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting... - [Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities, A158 Revised Penal Code](https://legalresource.ph/evasion-of-service-of-sentence-on-the-occasion-of-disorder-conflagrations-earthquakes-or-other-calamities-a158-revised-penal-code/): 1. Concept Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. – A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe,... - [Evasion of service of sentence, A157 Revised Penal Code](https://legalresource.ph/evasion-of-service-of-sentence-a157-revised-penal-code/): 1. Concept Article 157. Evasion of service of sentence. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have... - [Delivery of prisoners from jails, A156 Revised Penal Code](https://legalresource.ph/delivery-of-prisoners-from-jails-a156-revised-penal-code/): 1. Concept Article 156. Delivery of prisoners from jails. – The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means... - [Alarms and scandals, A155 Revised Penal Code](https://legalresource.ph/alarms-and-scandals-a155-revised-penal-code/): 1. Concept Art. 155. Alarms and scandals.— The penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) shall be imposed upon: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall... - [Unlawful use of means of publication and unlawful utterances, A154 Revised Penal Code](https://legalresource.ph/unlawful-use-of-means-of-publication-and-unlawful-utterances-a154-revised-penal-code/): 1. Concept Art. 154. Unlawful use of means of publication and unlawful utterances. – The penalty of arresto mayor and a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish... - [Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance, A153 Revised Penal Code](https://legalresource.ph/tumults-and-other-disturbance-of-public-orders-tumultuous-disturbance-or-interruption-liable-to-cause-disturbance-a153-revised-penal-code/): 1. Concept Art. 153. Tumults and other disturbances of public order; Tumultuous disturbance or interruption liable to cause disturbance – The penalty of arresto mayor in its medium period to prisión correccional in its minimum period and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any person who shall cause... - [Resistance and disobedience to a person in authority or the agents of such person, A151 Revised Penal Code](https://legalresource.ph/resistance-and-disobedience-to-a-person-in-authority-or-the-agents-of-such-person-a151-revised-penal-code/): 1. Concept Art. 151. Resistance and disobedience to a person in authority or the agents of such person – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously... - [Disobedience to summons issued by the National Assembly, etc., A150 Revised Penal Code](https://legalresource.ph/disobedience-to-summons-issued-by-the-national-assembly-etc-a150-revised-penal-code/): 1. Concept Art. 150. Disobedience to summons issued by Congress, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions – The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both such fine and imprisonment, shall be imposed upon any... - [Indirect assaults, A149 Revised Penal Code](https://legalresource.ph/indirect-assaults-a149-revised-penal-code/): 1. Concept   Art. 149. Indirect assaults – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand (₱100,000) shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents... - [Direct Assaults, A148 Revised Penal Code](https://legalresource.ph/direct-assaults-a148-revised-penal-code/): 1. Concept Art. 148. Direct assaults – Any persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority of any of his agents,... - [Illegal associations, A147 Revised Penal Code](https://legalresource.ph/illegal-associations-a147-revised-penal-code/): 1. Concept Art. 147. Illegal associations. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this... - [Illegal assemblies, A146 Revised Penal Code](https://legalresource.ph/illegal-assemblies-a146-revised-penal-code/): 1. Concept Article 146. Illegal assemblies. – The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting... - [Violation of parliamentary immunity, A145 Revised Penal Code](https://legalresource.ph/violation-of-parliamentary-immunity-a145-revised-penal-code/): 1. Concept Article 145. Violation of parliamentary immunity. – The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or... - [Disturbance of proceedings, A144 Revised Penal Code](https://legalresource.ph/disturbance-of-proceedings-a144-revised-penal-code/): 1. Concept Art. 144. Disturbance of proceedings – The penalty of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon any person who disturbs the meetings of Congress or of any of its committees or subcommittees. Constitutional Commissions or committees or divisions thereof, or... - [Act tending to prevent the meeting of the Assembly and similar bodies, A143 Revised Penal Code](https://legalresource.ph/act-tending-to-prevent-the-meeting-of-the-assembly-and-similar-bodies-a143-revised-penal-code/): 1. Concept Art. 143. Acts tending to prevent the meeting of Congress and similar bodies – The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of Congress or... - [Inciting to sedition, A142 Revised Penal Code](https://legalresource.ph/inciting-to-sedition-a142-revised-penal-code/): 1. Concept Art. 142. Inciting to sedition. – The penally of prisión correccional in its maximum period and a fine not exceeding Four hundred thousand pesos (₱400,000) shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts... - [Conspiracy to commit sedition, A141 Revised Penal Code](https://legalresource.ph/conspiracy-to-commit-sedition-a141-revised-penal-code/): 1. Concept Art. 141. Conspiracy to commit sedition. – Persons conspiring to commit the crime of sedition shall be punished by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) The offender conspires... - [Sedition, A139 Revised Penal Code](https://legalresource.ph/sedition-a139-revised-penal-code/): 1. Concept Article 139. Sedition; How committed. – The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the holding of... - [Inciting a rebellion or insurrection, A138 Revised Penal Code](https://legalresource.ph/inciting-a-rebellion-or-insurrection-a138-revised-penal-code/): 1. Concept Article 138. Inciting a rebellion or insurrection. – The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in article 134 of this Code,... - [Disloyalty of public officers or employees, A137 Revised Penal Code](https://legalresource.ph/disloyalty-of-public-officers-or-employees-a137-revised-penal-code/): 1. Concept Article 137. Disloyalty of public officers or employees. – The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control... - [Proposal to commit coup d'etat, A136 Revised Penal Code](https://legalresource.ph/proposal-to-commit-coup-detat-a136-revised-penal-code/): 1. Concept Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection – The conspiracy and proposal to commit coup d’etat shall be punished by prisión mayor in its minimum period and a fine which shall not exceed One million pesos (₱1,000,000). (Act No. 3815, Revised Penal Code) The conspiracy and proposal to... - [Conspiracy to commit coup d'etat, A136 Revised Penal Code](https://legalresource.ph/conspiracy-to-commit-coup-detat-a136-revised-penal-code/): 1. Concept Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection – The conspiracy and proposal to commit coup d’etat shall be punished by prisión mayor in its minimum period and a fine which shall not exceed One million pesos (₱1,000,000). (Act No. 3815, Revised Penal Code) 2. Mode of commission Elements... - [Coup d’etat, A134-A Revised Penal Code](https://legalresource.ph/coup-detat-a134-a-revised-penal-code/): 1. Concept Article 134-A. Coup d’etat; How committed. – The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and... - [Proposal to commit rebellion or insurrection, A136 Revised Penal Code](https://legalresource.ph/proposal-to-commit-rebellion-or-insurrection-a136-revised-penal-code/): 1. Concept The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Paragraph 2, Article 136,... - [Conspiracy to commit rebellion or insurrection, A136 Revised Penal Code](https://legalresource.ph/conspiracy-to-commit-rebellion-or-insurrection-a136-revised-penal-code/): 1. Concept The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prisión correccional in its maximum period and a fine which shall not exceed One million pesos (₱1,000,000) and by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (Paragraph 2, Article 136,... - [Rebellion or Insurrection, A134 Revised Penal Code](https://legalresource.ph/rebellion-or-insurrection-a134-revised-penal-code/): 1. Concept Article 134. Rebellion or insurrection; How committed. – The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of... - [Testamentary succession](https://legalresource.ph/testamentary-succession/): 1. Wills a. CONCEPT 1) Last will and testament A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death. (Article 783, Ibid.) 2) Personal act The making of a will is a... - [Succession in general](https://legalresource.ph/succession-in-general/): 1. DEFINTIONS Succession. Succession – is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (Article 774, Ibid.) Decedent. Decedent –... - [Offending the religious feelings, A133 Revised Penal Code](https://legalresource.ph/offending-the-religious-feelings-a133-revised-penal-code/): 1. Concept Article 133. Offending the religious feelings. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of... - [Interruption of religious worship, A132 Revised Penal Code](https://legalresource.ph/interruption-of-religious-worship-a132-revised-penal-code/): 1. Concept Article 132. Interruption of religious worship. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with violence or threats, the penalty shall be prision... - [Prohibiting or hindering the petition for correction of abuses or redress of grievances, Revised Penal Code](https://legalresource.ph/prohibiting-or-hindering-the-petition-for-correction-of-abuses-or-redress-of-grievances-revised-penal-code/): 1. Concept Any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. (Paragraph 3, Article 131, Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1)... - [Hindering the joining of any lawful association or attending its meetings, Revised Penal Code](https://legalresource.ph/hindering-the-joining-of-any-lawful-association-or-attending-its-meetings-revised-penal-code/): 1. Concept A public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. (Paragraph 2, Article 131, Act No. 3815, Revised Penal Code) 2. Mode of commission Elements of the offense: 1) The offender is a public officer or employee; and 2) He hinders... - [Prohibiting, interrupting, dissolving peaceful meetings, A131 Revised Penal Code](https://legalresource.ph/prohibiting-interrupting-dissolving-peaceful-meetings-a131-revised-penal-code/): 1. Concept Article 131. Prohibition, interruption and dissolution of peaceful meetings. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. The same penalty shall be imposed... - [Question A.9, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-9-political-law-2019-bar-exam/): The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers subject to certain... - [Question A.8, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-8-political-law-2019-bar-exam/): Mayor X and his City Administrator, Y, are political buddies who assumed their respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the entry into a ₱5,000,000.00 loan agreement with ABC Foundation, a non-stock and non-profit organization in which the two had a long-standing personal involvement. The loan agreement was duly... - [Question A.7, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-7-political-law-2019-bar-exam/): The continuing threat to the security of the State in various parts of the country prompted the National Security Adviser of the President to adopt a “Comprehensive National Security Strategy (CNSS)” with the following components: Component 1: During a state of emergency, the President, in the exercise of his power of general supervision, may delegate... - [Question A.6, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-6-political-law-2019-bar-exam/): A committee of the Senate invited Mr. X and Mr. Y, the Secretary of Foreign Affairs and Secretary of Energy, respectively, as resource speakers for an inquiry in aid legislation. Mr. X refused to attend, arguing that the Senate, not its committee, has the power to compel attendance. Meanwhile, Mr. Y attended the committee hearing... - [Question A.5, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-5-political-law-2019-bar-exam/): At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer A of the Manila Police District Station received a text message from an unidentified civilian informer that one Mr. Z would be meeting up later that morning with two (2) potential sellers of drugs at a nearby restaurant. As such, Officer A decided... - [Question A.4, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-4-political-law-2019-bar-exam/): Mrs. W supplies the Philippine National Police (PNP) with uniforms every year. Last month, he and two (2) other officers of the PNP conspired to execute a “ghost purchase”, covered by five (5) checks amounting to ₱200,000.00 each, or a total of ₱1,000,000.00. An investigating committee within the PNP, which was constituted to look into... - [Question A.3, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-3-political-law-2019-bar-exam/): The Humanitarian Services Society (HSS), an international non-government organization, assisted the displaced families of Tribe X who had to flee their home country in order to escape the systematic persecution conducted against them by their country’s ruling regime based on their cultural and religious beliefs. Fearing for their lives, some of these displaced families, with... - [Question A.2, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-2-political-law-2019-bar-exam/): Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas: (a) Contiguous zone (2%) (b) Exclusive economic zone (2%) Suggested Answer: (a) Within the contiguous zone, the Philippines have the following rights: 1) Prevent infringement of its customs, fiscal, immigration or sanitary... - [Question A.1, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-1-political-law-2019-bar-exam/): Define the following terms: (a) Jus cogens (2%) (b) Principle of double criminality (2%) (c) Act of State doctrine (2%) (d) Precautionary principle (2%) Suggested Answer: (a) Jus cogens (literally, “compelling law”) – refers to norms that command peremptory authority, superseding conflicting treaties and custom. Jus cogens norms are considered peremptory in the sense that... - [Substitution of one child for another, A347 Revised Penal Code](https://legalresource.ph/substitution-of-one-child-for-another-a347-revised-penal-code/): Substitution of one child from another results in the children no longer being with their biological parents. 1. Concept Substitution of a child from another – refers to the act of interchanging a child with another such that they are no longer with their biological parents. a. Legal basis Revised Penal Code provides: Art. 347.... - [Simulation of births, A347 Revised Penal Code](https://legalresource.ph/simulation-of-births-a347-revised-penal-code/): Simulation of birth refers to the act of deceptively making it appear that the parents of a newly born child are persons other than the biological parents. 1. Concept Simulation – refers to deceptive imitation or copying. Simulation birth – refers to the act of deceptively making it appear that the parents of a newly... - [Incriminating innocent person, A363 Revised Penal Code](https://legalresource.ph/incriminating-innocent-person-a363-revised-penal-code/): To incriminate an innocent person is to perform an act which tends directly to cause a false prosecution. 1. Concept Incriminating innocent person – refers to the performing of an act which tends directly to cause a false prosecution. a. Legal basis Article 363. Incriminating innocent person. – Any person who, by any act not... - [Libel, A353-355 Revised Penal Code](https://legalresource.ph/libel-a353-355-revised-penal-code/): Libel is the malicious imputation of a crime, vice, or defect – in writing. 1. Concept Libel – refers to “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural... - [Threating to publish libel and offering to prevent publication for compensation, A356 Revised Penal Code](https://legalresource.ph/threating-to-publish-libel-and-offering-to-prevent-publication-for-compensation-a356-revised-penal-code/): Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail. 1. Concept Threatening to publish libel and offering to prevent publication for compensation is also known as blackmail. a. Legal basis Art. 356. Threatening to publish and offer to prevent such publication for a compensation. – The penalty of... - [Prohibited publication of acts referred to in official proceedings, A357 Revised Penal Code](https://legalresource.ph/prohibited-publication-of-acts-referred-to-in-official-proceedings-a357-revised-penal-code/): Prohibited publication of acts referred to in the course of official proceedings – refer to the offense of publishing facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary... - [Slander / Oral Defamation, A358 Revised Penal Code](https://legalresource.ph/slander-oral-defamation-a358-revised-penal-code/): Slander or oral defamation is libel via spoken words. 1. Concept Slander or Oral Defamation – is “libel committed by oral (spoken) means, instead of in writing.” It is defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.” (De Leon... - [Slander by deed, A359 Revised Penal Code](https://legalresource.ph/slander-by-deed-a359-revised-penal-code/): Slander by deed is an act casting dishonor, discredit, or contempt upon another person. 1. Concept Slander by deed – refers to “a crime against honor, which is committed by performing any act, which casts dishonor, discredit, or contempt upon another person.” (Villanueva v. People, G.R. No. 160351, April 10, 2006, Per Chico-Nazario, J.) a.... - [Intriguing against honor, A364 Revised Penal Code](https://legalresource.ph/intriguing-against-honor-a364-revised-penal-code/): To cause an intrigue is to arouse an atmosphere of unwarranted interest or curiosity, or in some cases, suspicion, over another person. 1. Concept Intriguing against honor – refers to “any intrigue which has for its principal purpose to blemish the honor and reputation of a person.” (Betguen v. Masangcay, En Banc, A.M. No. P-93-822,... - [Criminal Negligence, A365 Revised Penal Code](https://legalresource.ph/criminal-negligence-a365-revised-penal-code/): Reckless imprudence presupposes negligence or an unintentional act, and thus no malice should attend the commission of the offense. 1. Concept Reckless imprudence “consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing... - [Chapter 5: Effect of Absence Upon the Contingent Rights of the Absentee (Title XIV, Book I, Civil Code)](https://legalresource.ph/chapter-5-effect-of-absence-upon-the-contingent-rights-of-the-absentee-title-xiv-book-i-civil-code/): Article 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195) Article 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an... - [Chapter 4: Presumption of Death (Title XIV, Book I, Civil Code)](https://legalresource.ph/chapter-4-presumption-of-death-title-xiv-book-i-civil-code/): Article 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared... - [Chapter 3: Administration of the Property of the Absentee (Title XIV, Book I, Civil Code)](https://legalresource.ph/chapter-3-administration-of-the-property-of-the-absentee-title-xiv-book-i-civil-code/): Article 387. An administrator of the absentee’s property shall be appointed in accordance with article 383. (187a) Notes: 1) Spouse present preferred, if no legal separation. The rule on preferring the spouse present to be the administrator of an absentee’s property is adopted for purpose of administration of property. a. Same; Article 383, Civil Code:... - [Chapter 2: Declaration of Absence (Title XIV, Book I, Civil Code)](https://legalresource.ph/chapter-2-declaration-of-absence-title-xiv-book-i-civil-code/): Article 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184) Article 385. The following may ask for the declaration of... - [Chapter 1: Provisional Measures in Case of Absence (Title XIV, Book I, Civil Code](https://legalresource.ph/chapter-1-provisional-measures-in-case-of-absence-title-xiv-book-i-civil-code/): Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed... - [Chapters 1 and 2 (Title V, Book I, Civil Code)](https://legalresource.ph/chapters-1-and-2-title-v-book-i-civil-code/): Notes: 1) Chapters 1 and 2, Title V, Book I of the Civil Code provided for the provisions on the Age of Majority. However, it has been superseded by the Executive Order No. 209 (series of 1987; otherwise known as the Family Code), which in turn has been amended by Republic Act No. 6809. See:... - [Title X – Emancipation and Age of Majority (Family Code)](https://legalresource.ph/title-x-emancipation-and-age-of-majority-family-code/): Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years. (As amended by R.A. 6809) Art. 236. Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save... - [Title XVI – Civil Register (Book 1, Civil Code)](https://legalresource.ph/title-xvi-civil-register-book-1-civil-code/): Article 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a) Article 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations;... - [FAQ: RA 9048, Change of Name, etc.](https://legalresource.ph/faq-ra-9048-change-of-name-etc/): What is RA 9048? Republic Act No. 9049 (henceforth, “RA 9048”) is a law which allowed the changing of entries in the civil registry without the need for a judicial order: Provided, That it is limited to “clerical or typographical errors and change of first name or nickname, the day and month in the date... - [Chapter 1. General Provisions (Title I, Book III, Civil Code)](https://legalresource.ph/chapter-1-general-provisions-title-i-book-iii-civil-code/): Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. Notes: 1) Definitions. a. Juridical capacity – “is the... - [Chapter 2. Natural Persons (Title I, Book III, Civil Code)](https://legalresource.ph/chapter-2-natural-persons-title-i-book-iii-civil-code/): Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. Notes: 1) Definition. a. Natural persons – refer to individuals or human beings. 2) Birth is what determines legal personality. For... - [Chapter 3. Juridical Persons (Title I, Book III, Civil Code)](https://legalresource.ph/chapter-3-juridical-persons-title-i-book-iii-civil-code/): Article 44. The following are juridical persons: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnerships and associations for private interest or purpose to which the law... - [Chapter 3. Prescription of Actions (Title V, Book III, Civil Code)](https://legalresource.ph/chapter-3-prescription-of-actions-title-v-book-iii-civil-code/): Chapter 3: Prescription of Actions Article 1139. Actions prescribe by the mere lapse of time fixed by law. (1961) Article 1141. Real actions over immovables prescribe after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963) Article 1144. The following actions... - [Chapter 2. Prescription of Ownership and Other Real Rights (Title V, Book III, Civil Code)](https://legalresource.ph/chapter-2-prescription-of-ownership-and-other-real-rights-title-v-book-iii-civil-code/): Article 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. (1940a) A. Notes 1) Definitions. a. Prescription – in the context of ownership and possession, “is another mode of acquiring... - [Chapter 1. General Provisions. (Title V, Book III, Civil Code)](https://legalresource.ph/chapter-1-general-provisions-title-v-book-iii-civil-code/): Chapter 1: General Provisions Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and conditions are lost by prescription. (1930a) Notes: 1) Definitions. a. Prescription – in the context of ownership under... - [Title II - Citizenship and Domicile (Book II, Civil Code)](https://legalresource.ph/title-ii-citizenship-and-domicile-book-ii-civil-code/): Article 48. [NB: This is superseded by Section 1, Article IV, 1987 Constitution] Notes: 1) Article 48 of the Civil Code provided for a list as to who were considered Filipino citizens. Since the Civil Code became effective on August 30, 1950, the subsequent adoption of the 1987 Constitution effectively superseded the provisions on citizenship.... - [Anti-Highway Robbery Law of 1974](https://legalresource.ph/anti-highway-robbery-law-of-1974/): 1. Concept and legal basis a. Legal basis Presidential Decree No. 532 is known as the Anti-Piracy and Anti-Highway Robbery Law of 1974. “Philippine Waters” – refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of... - [Other forms of trespass, A281 Revised Penal Code](https://legalresource.ph/other-forms-of-trespass-a281-revised-penal-code/): 1. Concept Other forms of trespass – under the Revised Penal Code, refers to the crime of entering the uninhabited closed premises or fenced estate of another without permission despite a manifest sign prohibiting entry. a. Legal basis Art. 281. Other forms of trespass. – The penalty of arresto menor or a fine not exceeding... - [Revelation of industrial secrets, A292 Revised Penal Code](https://legalresource.ph/revelation-of-industrial-secrets-a292-revised-penal-code/): 1. Concept Revelation of industrial secrets – under the Revised Penal Code, refers to the crime of revealing industrial secrets of a manufacturing or industrial establishment. a. Legal basis Art. 292. Revelation of industrial secrets. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand... - [Revealing secrets with abuse of office, A291 Revised Penal Code](https://legalresource.ph/revealing-secrets-with-abuse-of-office-a291-revised-penal-code/): 1. Concept Revealing secrets with abuse of office – under the Revised Penal Code refers to the crime of revealing secrets of a principal or master by their manager, employee, or servant. a. Legal basis Art. 291. Revealing secrets with abuse of office. – The penalty of arresto mayor and a fine not exceeding One... - [Formation, maintenance, prohibition of combination of capital or labor, A289 Revised Penal Code](https://legalresource.ph/formation-maintenance-prohibition-of-combination-of-capital-or-labor-a289-revised-penal-code/): 1. Concept Formation, maintenance, and prohibition of combination of capital or labor through violence or threats – under the Revised Penal Code, refers to the crime of employing violence or threats in such a degree as to compel or force the laborers or employees in the free and legal exercise of their industry or work... - [Other similar coercions, A288 Revised Penal Code](https://legalresource.ph/other-similar-coercions-a288-revised-penal-code/): 1. Concept Other similar coercions – under the Revised Penal Code, refers to the crime of coercing or compelling laborers or employees to purchase of merchandise and/or receive payment of wages by means of tokens. a. Legal basis Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.... - [Unjust vexation, A287 Revised Penal Code](https://legalresource.ph/unjust-vexation-a287-revised-penal-code/): 1. Concept Unjust vexation – under the Revised Penal Code, refers to the crime of causing cause annoyance, irritation, torment, distress, or disturbance to the mind of the person to whom it was directed. [U]njust vexation [is] a form of light coercion, under Article 287 of the Revised Penal Code. (Baleros, Jr. v. People, G.R.... - [Light coercions, A287 Revised Penal Code](https://legalresource.ph/light-coercions-a287-revised-penal-code/): 1. Concept Light coercions – under the Revised Penal Code, refers to the crime of seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt by means of violence. a. Legal basis Art. 287. Light coercions. – Any person who, by means of violence, shall seize... - [Grave coercions, A286 Revised Penal Code](https://legalresource.ph/grave-coercions-a286-revised-penal-code/): 1. Concept Grave coercion – under the Revised Penal Code, refers to the crime of preventing another from doing something not prohibited by law, or compelling him to do something against his will, whether it be right or wrong, by means of violence, threats, or intimidation, and the offender does not have any authority of... - [Other light threats, A285 Revised Penal Code](https://legalresource.ph/other-light-threats-a285-revised-penal-code/): 1. Concept Other light threats – under the Revised Penal Code, refers to the crime of threatening another in such a way as not to constitute grave threats or light threats or any other felony. a. Legal basis Art. 285. Other light threats. – The penalty of arresto menor in its minimum period or a... - [Light threats, A283 Revised Penal Code](https://legalresource.ph/light-threats-a283-revised-penal-code/): 1. Concept Light threats – refers to the crime of making any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of Article 282 of the Revised Penal Code on Grave Threats a. Legal basis Art. 282. Grave threats. – Any person who shall threaten another with... - [Grave threats, A282 Revised Penal Code](https://legalresource.ph/grave-threats-a282-revised-penal-code/): 1. Concept Grave threats – refers to the crime of threatening another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime. a. Legal basis Art. 282. Grave threats. – Any person who shall threaten another with the infliction upon the person,... - [Qualified trespass to dwelling, A280 Revised Penal Code](https://legalresource.ph/qualified-trespass-to-dwelling-a280-revised-penal-code/): 1. Concept Qualified trespass to dwelling – under the Revised Penal Code, refers to the crime of entering another’s dwelling against the latter’s will. a. Legal basis Art. 280. Qualified trespass to dwelling. – Any private person who shall enter the dwelling of another against the latter’s will shall be punished by arresto mayor and... - [Exploitation of minors, A278 Revised Penal Code](https://legalresource.ph/exploitation-of-minors-a278-revised-penal-code/): 1. Concept Exploitation of minors – refers to the crime of exploiting minors as contemplated under Article 278 of the Revised Penal Code. a. Legal basis Art. 278. Exploitation of minors. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be... - [Indifference of parents, A277 Revised Penal Code](https://legalresource.ph/indifference-of-parents-a277-revised-penal-code/): 1. Concept Indifference of parents – under the Revised Penal Code, refers to the crime committed by parents who neglect their children by not giving them the education which their station in life requires and financial condition permits. a. Legal basis Art. 277. x x x Indifference of parents. – The penalty of arresto mayor... - [Abandoning a minor, A276 Revised Penal Code](https://legalresource.ph/abandoning-a-minor-a276-revised-penal-code/): 1. Concept Abandoning a minor – refers to the crime of abandoning a child under seven (7) years of age, whose custody is incumbent upon the offender. a. Legal basis Art. 276. Abandoning a minor. – The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon... - [Abandonment of one’s own victim, Revised Penal Code](https://legalresource.ph/abandonment-of-ones-own-victim-revised-penal-code/): 1. Concept and legal basis Article 275. Abandonment of person in danger and abandonment of one’s own victim. – The penalty of arresto mayor shall be imposed upon: 1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when... - [Abandonment of person in danger and abandonment of one's own victim, A275 Revised Penal Code](https://legalresource.ph/abandonment-of-person-in-danger-and-abandonment-of-ones-own-victim-a275-revised-penal-code/): 1. Concept Abandonment of person in danger and abandonment of one’s own victim – refers to the crime of (a) failing to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying; or (b) failing to help or render assistance to another whom he has accidentally... - [Services rendered under compulsion in payment of a debt, A274 Revised Penal Code](https://legalresource.ph/services-rendered-under-compulsion-in-payment-of-a-debt-a274-revised-penal-code/): 1. Concept Services rendered under compulsion in payment of debt – refers to the crime of compelling the debtor to work for the offender, against the debtor’s will, as household servant or farm laborer, in order to require or enforce the payment of a debt. a. Legal basis Article 274. Services rendered under compulsion in... - [Slavery, A272 Revised Penal Code](https://legalresource.ph/slavery-a272-revised-penal-code/): Slavery – refers to the crime of purchasing, selling, kidnapping, or detaining human beings for the purpose of enslaving them. 1. Concept Slavery – refers to the crime of purchasing, selling, kidnapping, or detaining human beings for the purpose of enslaving them. a. Legal basis Article 272. Slavery. – The penalty of prision mayor and... - [Inducing a minor to abandon his home, A271 Revised Penal Code](https://legalresource.ph/inducing-a-minor-to-abandon-his-home-a271-revised-penal-code/): Inducing a minor to abandon his home – refers to the offense of inducing minors to abandon the home of their parents or guardians or the persons entrusted with their custody. 1. Concept Inducing a minor to abandon his home – refers to the offense of inducing minors to abandon the home of their parents... - [Slight illegal detention, A268 Revised Penal Code](https://legalresource.ph/slight-illegal-detention-a268-revised-penal-code/): 1. Concept Slight illegal detention – under the Revised Penal Code, refers to the offense of illegally depriving another of their liberty without the attendant circumstances enumerated in Article 267 of the Revised Penal Code. a. Legal basis Art. 268. Slight illegal detention. – The penalty of reclusion temporal shall be imposed upon any private... - [Kidnapping and serious illegal detention, A267 Revised Penal Code](https://legalresource.ph/kidnapping-and-serious-illegal-detention-a267-revised-penal-code/): Kidnapping – refers to the act of forcible transportation or abduction of individuals against their will. 1. Concept “Kidnapping” – refers to the act of forcible transportation or abduction of individuals against their will. “Serious illegal detention” – The essence of serious illegal detention is the actual deprivation of the victim’s liberty, coupled with the... - [Slight physical injuries and maltreatment, A266 Revised Penal Code](https://legalresource.ph/slight-physical-injuries-and-maltreatment-a266-revised-penal-code/): 1. Concept and legal basis Art. 266. Slight physical injuries and maltreatment. – The crime of slight physical injuries shall be punished: 1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one (1) days to nine (9) days, or shall require medical attendance during... - [Less serious physical injuries, A265 Revised Penal Code](https://legalresource.ph/less-serious-physical-injuries-a265-revised-penal-code/): 1. Concept and legal basis Art. 265. Less serious physical injuries. – Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period, shall be guilty of... - [Administering injurious substances or beverages, A264 Revised Penal Code](https://legalresource.ph/administering-injurious-substances-or-beverages-a264-revised-penal-code/): 1. Concept and legal basis Article 264. Administering injurious substances or beverages. – The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or... - [Serious physical injuries, A263 Revised Penal Code](https://legalresource.ph/serious-physical-injuries-a263-revised-penal-code/): 1. Concept and legal basis Serious physical injuries contemplate physical deformity or the loss of a body part resulting in the alteration of one’s physical appearance. (Ruego v. People, G.R. No. 226745, May 03, 2021, Per Leonen, J.) a. Legal basis Article 263. Serious physical injuries. – Any person who shall wound, beat, or assault... - [Mutilation, A262 Revised Penal Code](https://legalresource.ph/mutilation-a262-revised-penal-code/): 1. Concept and legal basis Article 262. Mutilation. – The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Any other intentional mutilation shall be punished by prision mayor in its medium and... - [Challenging to a duel, Revised Penal Code](https://legalresource.ph/challenging-to-a-duel-revised-penal-code/): 1. Concept and legal basis Article 261. Challenging to a duel. – The penalty of prision correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to... - [Abortion practiced by a physician or midwife and dispensing of abortives, A259 Revised Penal Code](https://legalresource.ph/abortion-practiced-by-a-physician-or-midwife-and-dispensing-of-abortives-a259-revised-penal-code/): 1. Concept and legal basis Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. – The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing... - [Abortion practiced by the woman herself or by her parents, A258 Revised Penal Code](https://legalresource.ph/abortion-practiced-by-the-woman-herself-or-by-her-parents-a258-revised-penal-code/): 1. Concept and legal basis Article 258. Abortion practiced by the woman herself of by her parents. – The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Any woman who shall... - [Unintentional abortion, A257 Revised Penal Code](https://legalresource.ph/unintentional-abortion-a257-revised-penal-code/): 1. Concept and legal basis Article 257. Unintentional abortion. – The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. (Act 3815, Revised Penal Code) 2. Elements of the offense Elements of the offense: 1) That there is a... - [Intentional abortion, A256 Revised Penal Code](https://legalresource.ph/intentional-abortion-a256-revised-penal-code/): 1. Concept and legal basis Article 256. Intentional abortion. – Any person who shall intentionally cause an abortion shall suffer: 1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman. 2. The penalty of prision mayor if, without using violence, he shall act without the consent... - [Infanticide, A255 Revised Penal Code](https://legalresource.ph/infanticide-a255-revised-penal-code/): 1. Concept and legal basis Article 255. Infanticide. – The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child... - [Discharge of firearms, A254 Revised Penal Code](https://legalresource.ph/discharge-of-firearms-a254-revised-penal-code/): 1. Concept and legal basis Article 254. Discharge of firearms. – Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder,... - [Giving assistance to suicide, A253 Revised Penal Code](https://legalresource.ph/giving-assistance-to-suicide-a253-revised-penal-code/): 1. Concept and legal basis Article 253. Giving assistance to suicide. – Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the... - [Physical injuries inflicted in a tumultuous affray, A252 Revised Penal Code](https://legalresource.ph/physical-injuries-inflicted-in-a-tumultuous-affray-a252-revised-penal-code/): 1. Concept and legal basis Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the... - [Death caused in a tumultuous affray, A251 Revised Penal Code](https://legalresource.ph/death-caused-in-a-tumultuous-affray-a251-revised-penal-code/): 1. Concept and legal basis Article 251. Death caused in a tumultuous affray. – When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and... - [Homicide, A249 Revised Penal Code](https://legalresource.ph/homicide-a249-revised-penal-code/): 1. Concept and legal basis Article 249. Homicide. – Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. (Act 3815, Revised Penal Code) 2.... - [Murder, A248 Revised Penal Code](https://legalresource.ph/murder-a248-revised-penal-code/): 1. Concept and legal basis Article 248. Murder. – Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage... - [Corpus delicti](https://legalresource.ph/corpus-delicti/): 1. Concept “Corpus delicti” – refers to the fact of the commission of the crime charged or to the body or substance of the crime. (Rimorin, Sr. v. People, G.R. No. 146481, 30 April 2003) In its legal sense, [corpus delicti] does not refer to the ransom money in the crime of kidnapping for ransom... - [Death or physical injuries inflicted under exceptional circumstances, A247 Revised Penal Code](https://legalresource.ph/death-or-physical-injuries-inflicted-under-exceptional-circumstances-a247-revised-penal-code/): 1. Concept and legal basis Article 252. Physical injuries inflicted in a tumultuous affray. – When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all those who appear to have used violence upon the... - [Parricide, A246 Revised Penal Code](https://legalresource.ph/parricide-a246-revised-penal-code/): 1. Concept and legal basis “Parricide” – refers to offense/crime of killing another who may be a spouse or a direct blood ascendant or descendant, as penalized under Article 246 of the Revised Penal Code. Parricide is the most terrible and unnatural of crimes. (People v. Tibon, G.R. No. 188320 29 June 2010) Violence between... - [Abuses against chastity, Revised Penal Code](https://legalresource.ph/abuses-against-chastity-revised-penal-code/): 1. Concept Article 245. The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: 1) Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is... - [Unlawful appointments, A244 Revised Penal Code](https://legalresource.ph/unlawful-appointments-a244-revised-penal-code/): 1. Concept Article 244. Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to any person who, by... - [Orders or requests by executive officers to any judicial authority, A243 Revised Penal Code](https://legalresource.ph/orders-or-requests-by-executive-officers-to-any-judicial-authority-a243-revised-penal-code/): 1. Concept Article 243. Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos. (Act No. 3815, Revised Penal Code)... - [Disobeying request for disqualification, A242 Revised Penal Code](https://legalresource.ph/disobeying-request-for-disqualification-a242-revised-penal-code/): 1. Concept Article 242. Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to... - [Usurpation of judicial functions, A241 Revised Penal Code](https://legalresource.ph/usurpation-of-judicial-functions-a241-revised-penal-code/): 1. Concept Article 241. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its... - [Usurpation of executive functions, A240 Revised Penal Code](https://legalresource.ph/usurpation-of-executive-functions-a240-revised-penal-code/): 1. Concept Article 240. Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. (Act No. 3815, Revised Penal Code) a. Public officer... - [Usurpation of legislative powers, A239 Revised Penal Code](https://legalresource.ph/usurpation-of-legislative-powers-a239-revised-penal-code/): 1. Concept Article 239. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his... - [Abandonment of office or position, A238 Revised Penal Code](https://legalresource.ph/abandonment-of-office-or-position-a238-revised-penal-code/): 1. Concept Article 238. Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor. If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of... - [Prolonging performance of duties and powers, A237 Revised Penal Code](https://legalresource.ph/prolonging-performance-of-duties-and-powers-a237-revised-penal-code/): 1. Concept Article 237. Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a... - [Anticipation of duties of a public office, A236 Revised Penal Code](https://legalresource.ph/anticipation-of-duties-of-a-public-office-a236-revised-penal-code/): 1. Concept Article 236. Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be... - [Maltreatment of prisoners, A235 Revised Penal Code](https://legalresource.ph/maltreatment-of-prisoners-a235-revised-penal-code/): 1. Concept Article 235. The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention... - [Refusal to discharge elective office, A234 Revised Penal Code](https://legalresource.ph/refusal-to-discharge-elective-office-a234-revised-penal-code/): 1. Concept Article 234. The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. (Act No. 3815,... - [Refusal of assistance, A233 Revised Penal Code](https://legalresource.ph/refusal-of-assistance-a233-revised-penal-code/): 1. Concept Article 233. The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or... - [Disobedience to order of superior officers, when said order was suspended by inferior officer, A232 Revised Penal Code](https://legalresource.ph/disobedience-to-order-of-superior-officers-when-said-order-was-suspended-by-inferior-officer-a232-revised-penal-code/): 1. Concept Article 232. Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification. (Act No. 3815, Revised Penal Code)... - [Open disobedience, A231 Revised Penal Code](https://legalresource.ph/open-disobedience-a231-revised-penal-code/): 1. Concept Article 231. Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional... - [Public officer revealing secrets of private individual, A230 Revised Penal Code](https://legalresource.ph/public-officer-revealing-secrets-of-private-individual-a230-revised-penal-code/): 1. Concept Article 230. Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. (Act No. 3815, Revised Penal Code) a. Public officer “Public officer” –refers to... - [Revelation of secrets by an officer, A229 Revised Penal Code](https://legalresource.ph/revelation-of-secrets-by-an-officer-a229-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,... - [Opening of closed documents, A228 Revised Penal Code](https://legalresource.ph/opening-of-closed-documents-a228-revised-penal-code/): 1. Concept Article 228. Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding... - [Officer breaking seal, A227 Revised Penal Code](https://legalresource.ph/officer-breaking-seal-a227-revised-penal-code/): 1. Concept Article 227. Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos. (Act No.... - [Removal, concealment or destruction of documents, A226 Revised Penal Code](https://legalresource.ph/removal-concealment-or-destruction-of-documents-a226-revised-penal-code/): 1. Concept Article 226. Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer: 1) The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest. 2) The penalty... - [Escape of prisoner under the custody of a person not a public officer, A225 Revised Penal Code](https://legalresource.ph/escape-of-prisoner-under-the-custody-of-a-person-not-a-public-officer-a225-revised-penal-code/): 1. Concept Article 225. Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer. (Act No. 3815,... - [Evasion through negligence, A224 Revised Penal Code](https://legalresource.ph/evasion-through-negligence-a224-revised-penal-code/): 1. Concept Article 224. If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification. (Act... - [Question B.11, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-11-civil-law-2019-bar-exam/): Mr. R is the registered owner of a parcel of land located in Cebu City covered by Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the lot, Mr. R and his family had been in continuous, open, and peaceful possession thereof. Mr. R died in 1980, resulting in the... - [Question A.10, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-10-civil-law-2019-bar-exam/): Village H and Village L are adjoining residential villages in a mountainous portion of Antipolo City, Rizal, with Village L being lower in elevation than Village H. In an effort to beautify Village H, its developer, X, Inc., constructed a clubhouse which included an Olympic-sized swimming pool and an artificial lagoon on a portion of... - [Question A.9, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-9-civil-law-2019-bar-exam/): Ms. U is a usufructuary of a piece of land owned by Mr. L. During the existence of the usufruct, Ms. U introduced various useful improvements on the land. Upon termination of the usufruct, Mr. L requested Ms. U to remove the said improvements, but Ms. U refused, demanding instead that Mr. L reimburse her... - [Question A.8, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-8-civil-law-2019-bar-exam/): Mr. E leased a piece of land from Mr. F to be used for his sawmill business for a period of ten (10) years. Consequently, Mr. E placed heavy machineries thereon to be used for his aforementioned business, with the intention of removing them after the expiration of the lease period. Are Mr. E’s heavy... - [Question A.7, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-7-civil-law-2019-bar-exam/): Believing that he owned a certain parcel of land and completely unaware of any defect in his title thereto, Mr. A started to build a house thereon. When Mr. P, the real owner of the land learned of Mr. A’s actions, Mr. P immediately demanded Mr. A to leave the premises. However, Mr. A refused... - [Question A.6, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-6-civil-law-2019-bar-exam/): Name at least two (2) exclusions from the following property regimes as enumerated under the Family Code: (a) Absolute community of property (2%) (b) Conjugal partnership of gains (2%) Suggested Answer: (a) The following are excluded from the ACP: 1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as... - [Question A.5, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-5-civil-law-2019-bar-exam/): X and Y were in a live-in relationship for the longest time, and were already blessed with a child, Z. They finally decided to get married on March 15, 2020. When X’s parents found about the news, they were thrilled and thus, donated in favor of Z, the family heirloom, particularly, a gold ring valued... - [Question A.4, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-4-civil-law-2019-bar-exam/): F, a Filipina, married J, a Japanese, in the Philippines. After three (3) years, they had a falling out and thus, separated. Soon after, F initiated a divorce petition in Japan which was not opposed by J because under Japanese law, a grant of divorce will capacitate him to remarry. F’s divorce petition was then... - [Question A.3, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-3-civil-law-2019-bar-exam/): Mr. Reyes is legally married to Mrs. Reyes. During the subsistence of their marriage, Mr. Reyes cohabited with another woman, Ms. Cruz. Out of Mr. Reyes and Ms. Cruz’s illicit relationship, a child named C was born. In C’s birth certificate, “Cruz” appears as the child’s surname, although Mr. Reyes expressly acknowledged C as his... - [Question A.2, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-2-civil-law-2019-bar-exam/): H and W were married in 1990. H, being a member of the Armed Forces of the Philippines (AFP), was deployed to a rebel-infested area in 1992. Since then, W has not heard from her husband, H. One day, the AFP informed W that H had been declared missing since 1995. In consequence, W diligently... - [Question A.1, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-a-1-civil-law-2019-bar-exam/): In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. As a result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion. Mrs. A was hospitalized for two (2) months,... - [Question XIV, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-xiv-labor-law-2017-bar-exam/): Pursuant to his power under Sec. 278(g) (263(g)) of the Labor Code, the Secretary of Labor assumed jurisdiction over the 3-day old strike in Armor Steel Plates, Inc., one of the country’s bigger manufacturers of steel plates, and ordered all the striking employees to return to work. The striking employees ignored the order to return... - [Question XIII, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-xiii-labor-law-2017-bar-exam/): A. Given that the liability for an illegal strike is individual, not collective, state when the participating union officers and members may be terminated from employment because of the illegal strike. Explain your answer. (4%) B. A sympathetic strike is stoppage of work to make common cause with other strikers in another establishment or business.... - [Question XII, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-xii-labor-law-2017-bar-exam/): Juanito initiated a case for illegal dismissal against Mandarin Company. The Labor Arbiter decided in his favor, and ordered his immediate reinstatement with full backwages and without loss of seniority and other benefits. Mandarin Company did not like to allow him back in its premises to prevent him from influencing his co-workers to move against... - [Question XI, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-xi-labor-law-2017-bar-exam/): The modes of determining the exclusive bargaining agent of the employees in a business are: (a) voluntary recognition; (b) certification election; and (c) consent election. Explain how they differ from one another. (4%) B. Marcel was the Vice President for Finance and Administration and a member of the Board of Directors of Mercedes Corporation. He... - [Question X, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-x-labor-law-2017-bar-exam/): A. The labor sector has been loudly agitating for the end of labor-only contracting, as distinguished from job contracting. Explain these two kinds of labor contracting, and give the effect of a finding that one is a labor-only contractor. Explain your answers. (4%) B. What are the grounds for validly terminating the services of an... - [Question IX, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-ix-labor-law-2017-bar-exam/): Section 255 (245) of the Labor Code recognizes three categories of employees, namely: managerial, supervisory, and rank-and-file. (a) Give the characteristics of each category of employees, and state whether the employees in each category may organize and form unions. Explain your answer. (5%) (b) May confidential employees who assist managerial employees, and who act in... - [Question VIII, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-viii-labor-law-2017-bar-exam/): Marciano was hired as Chief Engineer on board the vessel MN Australia. His contract of employment was for nine months. After nine months, he was re-hired. He was hired a third time after another nine months. He now claims entitlement to the benefits of a regular employee based on his having performed tasks usually necessary... - [Question VII, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-vii-labor-law-2017-bar-exam/): Dr. Crisostomo entered into a retainer agreement with AB Hotel and Resort whereby he would provide medical services to the guests and employees of AB Hoteland Resort, which, in turn, would provide the clinic premises and medical supplies. He received a monthly retainer fee of ₱60,000.00, plus a 70% share in the service charges from... - [Question VI, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-vi-labor-law-2017-bar-exam/): A. One of Pacific Airline’s policies was to hire only single applicants as flight attendants, and considered as automatically resigned the flight attendants at the moment they got married. Is the policy valid? Explain your answer. (2.5%) B. Tarcisio was employed as operations manager and received a monthly salary of ₱25,000.00 through his payroll account... - [Question V, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-v-labor-law-2017-bar-exam/): Percival was a mechanic of Pacific Airlines. He enjoyed a meal break of one hour. However, during meal breaks, he was required to be on stand-by for emergency work. During emergencies, he was made to forego his meals or to hurry up eating. He demanded payment of overtime for work done during his meal periods.... - [Question IV, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-iv-labor-law-2017-bar-exam/): The Regional Tripartite Wages and Productivity Board (RTWPB) for Region 3 issued a wage order on November 2, 2017 fixing the minimum wages for all industries throughout Region 3. (a) Is the wage order subject to the approval of the National Wages and Productivity Commission before it takes effect? (2%) (b) The law mandates that... - [Question III, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-iii-labor-law-2017-bar-exam/): Andrew Manning Agency (AMA) recruited Feliciano for employment by lnvictus Shipping, its foreign principal. Meantime, AMA and lnvictus Shipping terminated their agency agreement. Upon his repatriation following his premature termination, Feliciano claimed from AMA and lnvictus Shipping the payment of his salaries and benefits for the unserved portion of the contract. AMA denied liability on... - [Question II, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-ii-labor-law-2017-bar-exam/): Procopio was dismissed from employment for stealing his co-employee Raul’s watch. Procopio filed a complaint for illegal dismissal. The Labor Arbiter ruled in Procopio’s favor on the ground that Raul’s testimony was doubtful, and, therefore, the doubt should be resolved in favor of Procopio. On appeal, the NLRC reversed the ruling because Article 4 of... - [Question I, Labor Law, 2017 Bar Exam](https://legalresource.ph/question-i-labor-law-2017-bar-exam/): What are the accepted tests to determine the existence of an employer-employee relationship? (5%) B. Applying the tests to determine the existence of an employer-employee relationship, is a jeepney driver operating under the boundary system an employee of his jeepney operator or a mere lessee of the jeepney? Explain your answer. (3%) Suggested Answer: A.... - [Question B.20, Labor Law, 2019 Bar Exam](https://legalresource.ph/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](https://legalresource.ph/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](https://legalresource.ph/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](https://legalresource.ph/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... - [Question B.16, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-16-labor-law-2019-bar-exam/): W Ship Management, Inc. hired Seafarer Gas bosun in its vessel under the terms of the 2010 Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC). On his sixth (6th) month on board, Seafarer G fell ill while working. In particular, he complained of stomach pain, general weakness, and fresh blood in his stool. When... - [Question B.15, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-15-labor-law-2019-bar-exam/): On December 1, 2018, GHI Co., an organized establishment, and Union J, the exclusive bargaining agent therein executed a five (5)-year collective bargaining agreement (CBA) which, after ratification, was registered with the Bureau of Labor Relations. (a) When can the union ask, at the earliest, for the renegotiation of all terms of the CBA, except... - [Question B.14, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-14-labor-law-2019-bar-exam/): Upon a review of the wage rate and structure pertaining to its regular rank and file employees, K Corporation found it necessary to increase its hiring rates for employees belonging to the different job classification levels to make their salary rates more competitive in the labor market. After the implementation of the new hiring salary,... - [Question B.13, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-13-labor-law-2019-bar-exam/): Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as welding supervisor for DEF, Inc. located in Dubai. The employment contract, which the Philippine Overseas Employment Administration (POEA) approved, stipulated a salary of US$600.00 a month. Mr. A had only been in his job in Dubai for six (6) months when... - [Question B.12, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-12-labor-law-2019-bar-exam/): Due to serious business reverses, ABC Co. decided to terminate the services of several officers receiving “fat” compensation packages. One of these officers was Mr. X, its Vice-President for External Affairs and a member of the Board of Directors. Aggrieved, Mr. X filed a complaint for illegal dismissal before the National labor Relations Commission (NLRC)... - [Question B.11, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-b-11-labor-law-2019-bar-exam/): Briefly discuss the powers and responsibilities of the following in the scheme of the Labor Code: (a) Secretary of Labor (2%) (b) Bureau of Labor Relations (2%) (c) Voluntary Arbitrators (2%) Suggested Answer: (a) The Secretary of Labor has: 1) Visitorial and enforcement powers – including but not limited to, access to employer’s records and... - [Question A.10, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-10-labor-law-2019-bar-exam/): For purposes of prescription, within what periods from the time the cause of action accrued should the following cases be filed: (a) Money claims arising from employer-employee relations (1%) (b) Illegal dismissal (1%) (d) Offenses under the Labor Code (1%) (e) Illegal recruitment (1%) Suggested Answer: (a) Monetary claims have a 3-year prescription from accrual... - [Question A.9, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-9-labor-law-2019-bar-exam/): After due proceedings, the Labor Arbiter (LA) declared Mr. K to have been illegally dismissed by his former employer, AB, Inc. As a consequence, the LA directed ABC, Inc. to pay Mr. K separation pay in lieu of reinstatement as well as his full backwages. While ABC, Inc. accepted the finding of illegal dismissal, it... - [Question A.8, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-8-labor-law-2019-bar-exam/): Ms. T was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and... - [Question A.7, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-7-labor-law-2019-bar-exam/): W Gas Corp. is engaged in the manufacture and distribution to the general public of various petroleum products. On January 1, 2010, W Gas Corp. entered into a Service Agreement with Q Manpower Co., whereby the latter undertook to provide utility workers for the maintenance of the former’s manufacturing plant. Although the workers were hired... - [Question A.6, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-6-labor-law-2019-bar-exam/): D, one of the sales representatives of OP, Inc., was receiving a basic pay of ₱50,000.00 a month, plus a 1% overriding commission on his actual sales transactions. In addition, beginning three (3) months ago, or in August 2019, D was able to receive a monthly gas and transportation allowance of ₱5,000.00 despite the lack... - [Question A.5, Labor Law, 2019 Bar Exam](https://legalresource.ph/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... - [Question A.4, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-4-labor-law-2019-bar-exam/): Mrs. B, the personal cook in the household of X, filed a monetary claim against her employer, X, for denying her service incentive leave pay. X argued that Mrs. B did not avail of any service incentive leave at the end of her one (1) year of service and hence, not entitled to the said... - [Question A.3, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-3-labor-law-2019-bar-exam/): A, B, and C were hired as resident-doctors by MM Medical Center, Inc. In the course of their engagement, A, B, and C maintained specific work schedules as determined by the Medical Director. The hospital also monitored their work through supervisors who gave them specific instructions on how they should perform their respective tasks, including... - [Question A.2, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-2-labor-law-2019-bar-exam/): X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had previously been receiving regular support from X, filed a claim for the latter’s death benefits. (a) Is M... - [Question A.1, Labor Law, 2019 Bar Exam](https://legalresource.ph/question-a-1-labor-law-2019-bar-exam/): Define, explain or distinguish the following terms: (a) Just and authorized causes (2%) (b) Seasonal and project employees (2%) (c) Strikes and lockouts (2%) (d) Bona fide occupational qualifications (2%) (e) Grievance machinery (2%) Suggested Answer: (a) Just causes refer to grounds or causes under the Labor Code when an employer may validly terminate the... - [Question XV-C, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xv-c-political-law-2017-bar-exam/): Sec. 3, Art. XI of the Constitution states that “[n]o impeachment proceedings shall be initiated against the same official more than once within a period of one year.” What constitutes initiation of impeachment proceedings under the provision? (3%) Suggested Answer: The initiation takes place by the act of filing and referral or endorsement of the... - [Question XV-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xv-b-political-law-2017-bar-exam/): May a complaint for disbarment against the Ombudsman prosper during her incumbency? Explain your answer. (3%) Suggested Answer: No. Under jurisprudence, an impeachable officer who is a member of the Bar cannot be disbarred without first being impeached. To grant a complaint for disbarment during the incumbency would in effect be to circumvent and hence... - [Question XV-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xv-a-political-law-2017-bar-exam/): According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy. What does the term fiscal autonomy signify? Explain your answer. (3%) Suggested Answer: Fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. It recognizes the power... - [Question XIV, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xiv-political-law-2017-bar-exam/): To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President requested his friend, Pastor Roy, to devote his ministry to them. The President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary fund, and would also erect a modest house of worship in the locality... - [Question XIII, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xiii-political-law-2017-bar-exam/): Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo.... - [Question XII, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xii-political-law-2017-bar-exam/): The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters, and to enable the unhampered and speedy disbursements of the donations through the mere action of its Board of Directors. Thereby, delays in the release of the donated funds occasioned... - [Question XI, Political Law, 2017 Bar Exam](https://legalresource.ph/question-xi-political-law-2017-bar-exam/): Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses of Congress, and makes each Electoral Tribunal “the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.” On the other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution... - [Question X-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-x-b-political-law-2017-bar-exam/): Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall become a law unless it has passed three readings on separate days and printed copies of it in its final form have been distributed to the Members of the House three days before its passage. Is there... - [Question X-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-x-a-political-law-2017-bar-exam/): Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of Representatives and the President of the Senate and the certification by the secretaries of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill’s due enactment. Assuming there is... - [Question IX-C, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ix-c-political-law-2017-bar-exam/): The President signs an agreement with his counterpart in another country involving reciprocity in the treatment of each country’s nationals residing in the other’s territory. However, he does not submit the agreement to the Senate for concurrence. Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall be valid and... - [Question IX-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ix-b-political-law-2017-bar-exam/): Extradition is the process pursuant to a treaty between two State parties for the surrender by the requested State to the custody of the requesting State of a fugitive criminal residing in the former. However, extradition depends on the application of two principles – the principle of specialty and the dual criminality principle. Explain these... - [Question IX-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ix-a-political-law-2017-bar-exam/): Ambassador Robert of State Alpha committed a very serious crime while he headed his foreign mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain your answer. (3%) Suggested Answer: No. Answer Under the 1961 Vienna Convention on Diplomatic Relations, a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the... - [Question VIII, Political Law, 2017 Bar Exam](https://legalresource.ph/question-viii-political-law-2017-bar-exam/): A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the mortgaged assets of its borrower. It appears that the land has been originally registered under the Torrens system in 1922 pursuant to the provisions of the Philippine Bill of 1902, the organic act of the Philippine Islands... - [Question VII, Political Law, 2017 Bar Exam](https://legalresource.ph/question-vii-political-law-2017-bar-exam/): Give the limitations on the power of the Congress to enact the General Appropriations Act? Explain your answer. (5%) Suggested Answer: 1) The General Appropriations Act should exclusively originate in the House of Representative. Under the 1987 Constitution, all general appropriations bill shall originate exclusively in the House of Representatives, but the Senate may propose... - [Question VI-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-vi-b-political-law-2017-bar-exam-2/): The Executive Department has accumulated substantial savings from its appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has no funds appropriated soon by the Congress for the purpose, the COMELEC requests the President to transfer funds from the savings of the Executive Department in order to... - [Question VI-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-vi-a-political-law-2017-bar-exam/): The President appoints the Vice President as his Administration’s Housing Czar, a position that requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office of the President does not submit the appointment to the CA. May the Vice... - [Question V, Political Law, 2017 Bar Exam](https://legalresource.ph/question-v-political-law-2017-bar-exam/): (a) What is the right of legation, and how is it undertaken between states? Explain your answer. (2%) (b) Under this right, may a country like Malaysia insist that the Philippines establishes a consulate in Sabah to look after the welfare of the Filipino migrants in the area? Explain your answer. (2%) Suggested Answer: (a)... - [Question VI-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-vi-b-political-law-2017-bar-exam/): Distinguish pardon from amnesty. (4%) 1) Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof. On the other hand, amnesty is by Proclamation of the Chief Executive with the concurrence of Congress,... - [Question IV-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-iv-a-political-law-2017-bar-exam/): What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution? Is the exercise of the power absolute? (4%) Suggested Answer: 1) Under the Constitution, except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures,... - [Question III, Political Law, 2017 Bar Exam](https://legalresource.ph/question-iii-political-law-2017-bar-exam/): State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After five years, State A finds that the more progressive State B did not go to the aid of State A when it was threatened by its strong neighbor State C. State B reasoned that it had to be prudent... - [Question II-C, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ii-c-political-law-2017-bar-exam/): Do government-owned or -controlled corporations also enjoy the immunity of the State from suit? Explain your answer. (3%) Suggested Answer: No, if their charter provides that they can sue and be sued. If the agency is incorporated, the test of its suability is found in its charter. The simple rule is that it is suable... - [Question II-B, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ii-b-political-law-2017-bar-exam/): The doctrine of immunity from suit in favor of the State extends to public officials in the performance of their official duties. May such officials be sued nonetheless to prevent or to undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%) Suggested Answer: Yes. Under jurisprudence, the doctrine... - [Question II-A, Political Law, 2017 Bar Exam](https://legalresource.ph/question-ii-a-political-law-2017-bar-exam/): Under the doctrine of immunity from suit, the State cannot be sued without its consent. How may the consent be given by the State? Explain your answer. (3%) Suggested Answer: The State may give consent either expressly or impliedly. In this jurisdiction, the general law waiving the immunity of the state from suit is found... - [Question I, Political Law, 2017 Bar Exam](https://legalresource.ph/question-i-political-law-2017-bar-exam/): A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. (a) What are the methods of amending the Constitution? Explain briefly each method. (3%) (b) Cite at least three provisions of the Constitution that need to... - [Question XX, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xx-political-law-2018-bar-exam/): Andreas and Aristotle are foreign nationals working with the Asian Development Bank (ADS) in its headquarters in Manila. Both were charged with criminal acts before the local trial courts. Andreas was caught importing illegal drugs into the country as part of his “personal effects” and was thus charged with violation of Comprehensive Dangerous Drugs Act... - [Question XIX, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xix-political-law-2018-bar-exam/): President Alfredo died during his third year in office. In accordance with the Constitution, Vice President Anastasia succeeded him. President Anastasia then nominated the late President Alfredo’s Executive Secretary, Anna Maria, as her replacement as Vice President. The nomination was confirmed by a majority of all the Members of the House of Representatives and the... - [Question XVIII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xviii-political-law-2018-bar-exam/): Two police teams monitored the payment of ransom in a kidnapping case. The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City. The first police team, stationed in an area near where the car was parked, witnessed the retrieval... - [Question XVII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xvii-political-law-2018-bar-exam/): The police served a warrant of arrest on Ariston who was suspected of raping and killing a female high school student. While on the way to the police station, one of the police officers who served the warrant asked Ariston in the local dialect if he really raped and killed the student, and Ariston nodded... - [Question XVI, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xvi-political-law-2018-bar-exam/): Five foreign nationals arrived at the NAIA from Hong Kong. After retrieving their checked-in luggage, they placed all their bags in one pushcart and proceeded to Express Lane 5. They were instructed to place their luggage on the examiner’s table for inspection. The examiner found brown-colored boxes, similar in size to powdered milk boxes, underneath... - [Question XV, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xv-political-law-2018-bar-exam/): Annika sued the Republic of the Philippines, represented by the Director of the Bureau of Plant Industry, and asked for the revocation of a deed of donation executed by her in favor of said Bureau. She alleged that, contrary to the terms of the donation, the donee failed to install lighting facilities and a water... - [Question XIV, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xiv-political-law-2018-bar-exam/): Amoroso was· charged with treason before a military court martial. He was acquitted. He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy. The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be... - [Question XIII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xiii-political-law-2018-bar-exam/): PO1 Adrian Andal is known to have taken bribes from apprehended motorists who have violated traffic rules. The National Bureau of Investigation conducted an entrapment operation where P01 Adrian was caught red-handed demanding and taking PhP500.00 from a motorist who supposedly beat a red light. After he was apprehended, PO1 Adrian was required to submit... - [Question XII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xii-political-law-2018-bar-exam/): Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court. Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions... - [Question XI, Political Law, 2018 Bar Exam](https://legalresource.ph/question-xi-political-law-2018-bar-exam/): Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be with the US military authorities, if the latter so requests. The custody shall begin from the commission of the offense... - [Question X, Political Law, 2018 Bar Exam](https://legalresource.ph/question-x-political-law-2018-bar-exam/): Ascertain the constitutionality of the following acts: (2.5% each) (a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct. (b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman. (c) A law... - [Question IX, Political Law, 2018 Bar Exam](https://legalresource.ph/question-ix-political-law-2018-bar-exam/): In 1990, Agripina migrated to Canada and acquired Canadian citizenship. In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No.... - [Question VIII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-viii-political-law-2018-bar-exam/): Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns. The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the... - [Question VII, Political Law, 2018 Bar Exam](https://legalresource.ph/question-vii-political-law-2018-bar-exam/): The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders. Arnaldo filed a petition with the Comelec to cancel Anacleto’s Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto’s Spanish passport and a certification from the Bureau of Immigration (Bl)... - [Question VI, Political Law, 2018 Bar Exam](https://legalresource.ph/question-vi-political-law-2018-bar-exam/): Ang Araw, a multi-sectoral party-list organization duly registered as such with the Commission on Elections (Comelec), was proclaimed as one of the winning party-list groups in the last national elections. Its first nominee, Alejandro, assumed office as the party-list representative. About one year after Alejandro assumed office, the Interim Central Committee of Ang Araw expelled... - [Question V, Political Law, 2018 Bar Exam](https://legalresource.ph/question-v-political-law-2018-bar-exam/): State whether or not the following acts are constitutional: (2% each) (a) A law prescribing as qualifications for appointment to any court lower than the Supreme Court, Philippine citizenship, whether natural-born or naturalized, 35 years of age on the date of appointment, and at least eight years as a member of the Philippine Bar; (b)... - [Question IV, Political Law, 2018 Bar Exam](https://legalresource.ph/question-iv-political-law-2018-bar-exam/): The Province of Amaya is one of the smallest provinces in the Philippines with only one legislative district composed of four municipalities: Uno, Dos, Tres, and Cuatro. Andres, a resident and registered voter of Cuatro municipality, ran and was elected as member of the Sangguniang Panlalawigan (SP) of Amaya in the 2010 and 2013 local... - [Question III, Political Law, 2018 Bar Exam](https://legalresource.ph/question-iii-political-law-2018-bar-exam/): What and whose vote is required for the following acts: (2% each) (a) the repeal of a tax exemption law; (b) a declaration of the existence of a state of war; (c) the amendment of a constitutional provision through a constituent assembly; (d) the resolution of a tie in a presidential election; and (e) the... - [Question II, Political Law, 2018 Bar Exam](https://legalresource.ph/question-ii-political-law-2018-bar-exam/): Agnes was allegedly picked up by a group of military men headed by Gen. Altamirano, and was brought to several military camps where she was interrogated, beaten, mauled, tortured, and threatened with death if she would not confess her membership in the New People’s Army (NPA) and point to the location of NPA camps. She... - [Question I, Political Law, 2018 Bar Exam](https://legalresource.ph/question-i-political-law-2018-bar-exam/): Congress enacted a law to provide Filipinos, especially the poor and the marginalized, access and information to a full range of modern family planning methods, including contraceptives, intrauterine devices, injectibles, non- abortifacient hormonal contraceptives, and family planning products and supplies, but expressly prohibited abortion. To ensure its objectives, the law made it mandatory for health... - [Question B.20, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-20-political-law-2019-bar-exam/): H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act), decided to run for Congress and thus, filed a certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his status as a dual citizen. H responded... - [Question B.19, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-19-political-law-2019-bar-exam/): Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Election (COMELEC), claiming that X should be disqualified to run for said position because... - [Question B.18, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-18-political-law-2019-bar-exam/): A was appointed by the President as a Commissioner of the Commission on Election (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and... - [Question B.17, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-17-political-law-2019-bar-exam/): In 2014, Congress enacted an appropriation law containing a provision that gives individual legislators the discretion to determine, post-enactment, how much funds would go to a specific project or beneficiary which they themselves also determine. Consequently, disbursements were made in the interim pursuant thereto. Eventually, Mr. Z filed a petition questioning the constitutionality of the... - [Question B.16, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-16-political-law-2019-bar-exam/): Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (a) The authority to keep the general accounts of the Government and for such period provided by law, preserve the vouchers and other supporting documents pertaining thereto. (1%) (b) The power to allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative... - [Question B.15, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-15-political-law-2019-bar-exam/): R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s assumption of office, arguing that elections should... - [Question B.14, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-14-political-law-2019-bar-exam/): A proposal to change a provision of the 1987 Constitution has been put forth as follows: Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them” Proposed text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all... - [Question B.13, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-13-political-law-2019-bar-exam/): Who are the impeachable officers under the 1987 Constitution? Briefly explain the process of impeaching them thereunder. (5%) (a) The following may be impeached: 1) The President; 2) The Vice-President; 3) The Members of the Supreme Court; 4) The Members of the Constitutional Commissions; and, 5) The Ombudsman. (Section 2, Article XI, 1987 Constitution) (b)... - [Question B.12, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-12-political-law-2019-bar-exam/): W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives. One of W’s fiercest critics, X, claimed... - [Question B.11, Political Law, 2019 Bar Exam](https://legalresource.ph/question-b-11-political-law-2019-bar-exam/): Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), whereas... - [Question A.10, Political Law, 2019 Bar Exam](https://legalresource.ph/question-a-10-political-law-2019-bar-exam/): An Information for Estafa was filed against the accused, Mr. D. During the course of the trial, Mr. D filed a motion to dismiss for failure to prosecute the case for a reasonable length of time. Opposing the motion, the prosecution argued that its failure to present its witnesses was due to circumstances beyond its... - [Sufficient provocation or threat, A13(4) Revised Penal Code](https://legalresource.ph/sufficient-provocation-or-threat-a134-revised-penal-code/): 1. Concept Sufficient provocation or threat – refers to the mitigating circumstance under the Revised Penal Code wherein there was sufficient provocation or threat on the part of the offended party immediately preceding the act. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 4. That sufficient provocation or threat on... - [Immediate vindication, A13(5) Revised Penal Code](https://legalresource.ph/immediate-vindication-a135-revised-penal-code/): 1. Concept Immediate vindication of a grave offense – refers to the mitigating circumstance under the Revised Penal Code wherein the accused committed the offense in immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees. a. Legal basis Article 13. Mitigating... - [Passion or obfuscation, A13(6) Revised Penal Code](https://legalresource.ph/passion-or-obfuscation-a136-revised-penal-code/): 1. Concept Passion or obfuscation – refers to the mitigating circumstance under the Revised Penal Code wherein the accused acted upon an impulse so powerful as naturally to have produced passion or obfuscation. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 6. That of having acted upon an impulse so... - [Voluntary surrender or confession, A13(7) Revised Penal Code](https://legalresource.ph/voluntary-surrender-or-confession-a137-revised-penal-code/): 1. Concept Voluntary surrender – refers to the mitigating circumstance under the Revised Penal Code wherein the accused voluntarily surrender to a person in authority or the latter’s agents, or voluntarily confessed to his/her guilt before the court prior to the presentation of the evidence for the prosecution. a. Legal basis Article 13. Mitigating circumstances.... - [Physical defect restricting action, defense, or communications, A13(8) Revised Penal Code](https://legalresource.ph/physical-defect-restricting-action-defense-or-communications-a138-revised-penal-code/): 1. Concept Physical defect – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is either/combination of being a deaf and dumb, blind or otherwise suffering some physical defect which would restrict his/her means of action, defense, or communication with his/her fellow beings. a. Legal basis Article 13. Mitigating circumstances. –... - [Illness diminishing will-power, A13(9) Revised Penal Code](https://legalresource.ph/illness-diminishing-will-power-a139-revised-penal-code/): 1. Concept Illness diminishing will-power – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is afflicted with an illness that would diminish the exercise of his/her will-power without, however, depriving him/her of the consciousness of his/her acts. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances;... - [Analogous mitigating circumstances, A13(10) Revised Penal Code](https://legalresource.ph/analogous-mitigating-circumstances-a1310-revised-penal-code/): 1. Concept Analogous mitigating circumstance – refers to the mitigating circumstance under the Revised Penal Code that is similar to the other mitigating circumstances under Article 13 of the Revised Penal Code. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 10. And, finally, any other circumstances of a similar nature... - [Impossible crimes](https://legalresource.ph/impossible-crimes/): Criminal liability shall be incurred by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. - [Stages of executing a crime](https://legalresource.ph/stages-of-executing-a-crime/): A felony is consummated when all the elements necessary for its execution and accomplishment are present. ( - [Continuing crimes](https://legalresource.ph/continuing-crimes/): There are crimes which are called transitory or continuing offenses because some acts material and essential to the crime occur in one province and some in another, in which case, the rule is settled that the court of either province where any of the essential ingredients of the crime took place has — jurisdiction to try the case. - [Complex crimes and composite crimes](https://legalresource.ph/complex-crimes-and-composite-crimes/): When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. - [Exempting circumstances, A12 Revised Penal Code](https://legalresource.ph/exempting-circumstances-a12-revised-penal-code/): Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. 1. Concept Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. a. Legal basis Article 12. Circumstances which exempt from criminal liability. – the following are exempt from criminal liability: 1. An imbecile or... - [Lawful Insuperable Cause, A12(7) Revised Penal Code](https://legalresource.ph/lawful-insuperable-cause-a127-revised-penal-code/): Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability... - [Uncontrollable fear, A12(6) Revised Penal Code](https://legalresource.ph/uncontrollable-fear-a126-revised-penal-code/): Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing... - [Irresistible force, A12(5) Revised Penal Code](https://legalresource.ph/irresistible-force-a125-revised-penal-code/): Irresistible force – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from acting under the compulsion of irresistible force. 1. Concept Irresistible force – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from acting under the compulsion... - [Accident, A12(4) Revised Penal Code](https://legalresource.ph/accident-a124-revised-penal-code/): Accident – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 1. Concept Accident – refers to the exempting circumstance that exempts an accused from criminal liability... - [Minor 15 to 17 years old, A12(3) Revised Penal Code](https://legalresource.ph/minor-15-to-17-years-old-a123-revised-penal-code/): Minor 15 to 17 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a 15 to 17 years old, unless the accused acted with discernment. 1. Concept Minor 15 to 17 years old – refers to the exempting circumstance that exempts an... - [Minor under 15 years old, A12(2) Revised Penal Code](https://legalresource.ph/minor-under-15-years-old-a122-revised-penal-code/): Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a minor under 15 years of age. 1. Concept Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an... - [Imbecile or insane, A12(1) Revised Penal Code](https://legalresource.ph/imbecile-or-insane-a121-revised-penal-code/): Imbecile or insane – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from being an imbecile or insane person, unless an insane person committed the offnse during a lucid interval. 1. Concept Imbecile or insane – refers to the exempting circumstance that exempts an accused from... - [Justifying circumstances, A11 Revised Penal Code](https://legalresource.ph/justifying-circumstances-a11-revised-penal-code/): Justifying circumstances – refers to defenses that provide for lawful justifications or reasons as to why the accused committed the crime and thereby resulting in no criminal liability. 1. Concept Justifying circumstances – refers to defenses that provide for lawful justifications or reasons as to why the accused committed the crime and thereby resulting in... - [Obedience to a lawful order, A11(6) Revised Penal Code](https://legalresource.ph/obedience-to-a-lawful-order-a116-revised-penal-code/): Obedience to a lawful order – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was obeying a lawful order. - [Fulfillment of duty or exercise of right or office, A11(5) Revised Penal Code](https://legalresource.ph/fulfillment-of-duty-or-exercise-of-right-or-office-a115-revised-penal-code/): Fulfillment of duty or exercise of right or office – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was fulfilling a duty or exercising a right or office. - [Avoiding greater evil or injury, A11(4) Revised Penal Code](https://legalresource.ph/avoiding-greater-evil-or-injury-a114-revised-penal-code/): 1. Concept Avoiding greater evil or injury – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was avoiding a greater evil or injury. Read more: Justifying circumstances a. Legal basis Article 11. Justifying circumstances. – The following do not incur any criminal liability: 4. Any... - [Defense of strangers, A11(3) Revised Penal Code](https://legalresource.ph/defense-of-strangers-a113-revised-penal-code/): Defense of strangers – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was defending a stranger. - [Defense of relatives, A11(2) Revised Penal Code](https://legalresource.ph/defense-of-relatives-a112-revised-penal-code/): Defense of relatives – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was defending a relative. - [Self-defense, A11(1) Revised Penal Code](https://legalresource.ph/self-defense-a111-revised-penal-code/): 1. Concept Self-defense – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who acted in self-defending. Read more: Justifying circumstances a. Legal basis Article 11. Justifying circumstances. – The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or... - [Kidnapping and failure to return a minor, A270 Revised Penal Code](https://legalresource.ph/kidnapping-and-failure-to-return-a-minor-a270-revised-penal-code/): Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or guardians after being entrusted custody. 1. Concept Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or... - [Unlawful Arrest, A69 Revised Penal Code](https://legalresource.ph/unlawful-arrest-a69-revised-penal-code/): Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. 1. Concept Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. The... - [Arson: Destructive (A320 RPC), Simple (PD 1613)](https://legalresource.ph/arson-destructive-a320-rpc-simple-pd-1613/): Arson refers to the malicious burning of property by means of fire. 1. Concept Arson – is the malicious burning of property. (People v. Soriano, G.R. No. 142565, July 29, 2003, Per Bellosillo, J.) Arson – is defined as the malicious destruction of property by fire. (People v. Acosta, G.R. No. 126351, February 18, 2000)... - [Malicious mischief, A327-A331 Revised Penal Code](https://legalresource.ph/malicious-mischief-a327-a331-revised-penal-code/): Malicious mischief refers to the offense of deliberately causing damage to another’s property for mere sake of doing so and such act does not constitute arson or other crimes involving damage to property. 1. Concept Malicious mischief – is the crime committed by a person who shall deliberately cause to the property of another any... - [Removal, sale, pledge of mortgaged property, A319 Revised Penal Code](https://legalresource.ph/removal-sale-pledge-of-mortgaged-property-a319-revised-penal-code/): Removal of mortgaged property refers to the offense of knowingly removing personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or the latter’s executors, administrators or... - [Fraudulent insolvency, A314 Revised Penal Code](https://legalresource.ph/fraudulent-insolvency-a314-revised-penal-code/): Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. 1. Concept Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. a. Legal basis Article 314. Fraudulent insolvency. – Any person who shall abscond with his property to the prejudice of his... - [Altering boundaries or landmarks, A313 Revised Penal Code](https://legalresource.ph/altering-boundaries-or-landmarks-a313-revised-penal-code/): Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof. 1. Concept Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other... - [Occupation of real property or usurpation of real rights, A312 Revised Penal Code](https://legalresource.ph/occupation-of-real-property-or-usurpation-of-real-rights-a312-revised-penal-code/): Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real property or usurping any real rights belonging to another person, by eans of violence against or intimidation of persons. 1. Concept Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real... - [Qualified theft, A310 Revised Penal Code](https://legalresource.ph/qualified-theft-a310-revised-penal-code/): Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. 1. Concept Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. a. Legal basis Article 310. Qualified theft. – The crime of theft shall... - [Theft, A308-309, 311 Revised Penal Code](https://legalresource.ph/theft-a308-309-311-revised-penal-code/): Theft – is the offense of taking another’s personal property without violence against or intimidation of persons nor force upon things. 1. Concept Theft – is [an offense] committed if the taking [of another’s personal property] is without violence against or intimidation of persons nor force upon things. (Tan v. People, G.R. No. 134298, August... - [Robbery by use of force upon things, A299-A303, A305, Revised Penal Code](https://legalresource.ph/robbery-by-use-of-force-upon-things-a299-a303-a305-revised-penal-code/): Robbery by use of force upon is an offense committed by any person who, with intent to gain, shall take any personal property belonging to another using force upon anything shall be guilty of robbery. 1. Concept Robbery by use of force upon – is an offense committed by “any person who, with intent to... - [Possession of picklocks or similar tools, A304 Revised Penal Code](https://legalresource.ph/possession-of-picklocks-or-similar-tools-a304-revised-penal-code/): Possession of picklocks or similar tools – is an offense involving the custody or having picklocks or similar tools, and without lawful justification. 1. Concept Possession of picklocks or similar tools – is an offense involving the custody or having picklocks or similar tools, and without lawful justification. A picklock — a tool used in... - [Robbery with violence against or intimidation of persons, A294-298 Revised Penal Code](https://legalresource.ph/robbery-with-violence-against-or-intimidation-of-persons-a294-298-revised-penal-code/): Robbery with violence against or intimidation of persons is a mode of robbery where violence or intimidation is committed against another person. 1. Concept Robbery – is an offense committed by “any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person,... - [Conspiracy and proposal to commit  felony, A8 Revised Penal Code](https://legalresource.ph/conspiracy-and-proposal-to-commit-felony-a8-revised-penal-code/): Conspiracy to commit a felony is the act of coming to an agreement by at least two (2) persons to commit a felony and which they have already decided upon. Proposal to commit a felony refers to the situation when the person who has decided to commit a felony proposes its execution to some other... - [Consented abduction, A343 Revised Penal Code](https://legalresource.ph/consented-abduction-a343-revised-penal-code/): Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs. 1. Concept Consented abduction – refers to the offense of abducting a 13- to 17-year old with her consent and with lewd designs. a. Legal basis Article 343. Consented abduction. – The abduction of... - [Forcible abduction, A342 Revised Penal Code](https://legalresource.ph/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... - [White slave trade, A341 Revised Penal Code](https://legalresource.ph/white-slave-trade-a341-revised-penal-code/): White slave trade – is the offense relating to the business, profiting, or recruitment related to prostitution. 1. Concept White slave trade – is the offense relating to the business, profiting, or recruitment related to prostitution. a. Legal basis Article 341. White slave trade. – The penalty of prision correccional in its medium and maximum... - [Corruption of minors, A340 Revised Penal Code](https://legalresource.ph/corruption-of-minors-a340-revised-penal-code/): Corruption of minors – refers to the offense of promoting or facilitating the prostitution or corruption of minors to satisfy the lust of another. 1. Concept Corruption of minors – refers to the offense of promoting or facilitating the prostitution or corruption of minors to satisfy the lust of another. a. Legal basis Article 340.... - [Acts of lasciviousness with consent, A339 Revised Penal Code](https://legalresource.ph/acts-of-lasciviousness-with-consent-a339-revised-penal-code/): Acts of lasciviousness with consent – is an offense wherein the offender commits to a consenting offended party who is a 16- or 17-year-old minor. 1. Concept Acts of lasciviousness with consent – is an offense wherein the offender commits to a consenting offended party who is a 16- or 17-year-old minor. a. Legal basis... - [Simple seduction, A338 Revised Penal Code](https://legalresource.ph/simple-seduction-a338-revised-penal-code/): Simple seduction – refers to the offense of deceitful convincing 16- or 17-year-old minors to have sex. 1. Concept Simple seduction – refers to the offense of deceitful convincing 16- or 17-year-old minors to have sex. a. Legal basis Article 338. Simple seduction. – The seduction of a minor, sixteen and over but under eighteen... - [Qualified seduction, A337 Revised Penal Code](https://legalresource.ph/qualified-seduction-a337-revised-penal-code/): Qualified seduction – refers to the offense of having sexual intercourse with a 16- or 17-year-old minor through abuse of confidence. 1. Concept Qualified seduction – refers to the offense of having sexual intercourse with a 16- or 17-year-old minor through abuse of confidence. a. Legal basis Article 337. Qualified seduction. – The seduction of... - [Acts of lasciviousness, A336 Revised Penal Code](https://legalresource.ph/acts-of-lasciviousness-a336-revised-penal-code/): Acts of lasciviousness – refers to the offense of illegally touching another person’s private parts with the intent of sexual gratification. 1. Concept Acts of lasciviousness – refers to the offense of illegally touching another person’s private parts with the intent of sexual gratification. a. Legal basis Article 336. Acts of lasciviousness. – Any person... - [Concubinage, A334 Revised Penal Code](https://legalresource.ph/concubinage-a334-revised-penal-code/): Concubinage is an offense whereby a married man has sexual intercourse with a woman not his wife under scandalous circumstances. 1. Concept Concubinage – is “committed by a married man who has carnal knowledge of a woman not his spouse under scandalous circumstances.” (Anonymous Complaint v. Dagala, A.M. No. MTJ-16-1886, July 25, 2017, Per Leonen,... - [Adultery, A333 Revised Penal Code](https://legalresource.ph/adultery-a333-revised-penal-code/): Adultery refers to an offense by a married woman having sexual intercourse with a man not her husband. 1. Concept Adultery – means “the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married.” (Fernandez v. Lantin, G.R. No. L-44759, December 17, 1976) Adultery…... - [Performance of illegal marriage ceremony, A352 Revised Penal Code](https://legalresource.ph/performance-of-illegal-marriage-ceremony-a352-revised-penal-code/): Performance of illegal marriage ceremony – refers to the act of solemnizing an illegal marriage. 1. Concept Performance of illegal marriage ceremony – refers to the act of solemnizing an illegal marriage. a. Legal basis Article 352. Performance of illegal marriage ceremony. – Priests or ministers of any religious denomination or sect, or civil authorities... - [Contracting an illegal marriages, A350 Revised Penal Code](https://legalresource.ph/illegal-marriages-a350-revised-penal-code/): Illegal marriages – refer to the offense of knowing contracting a marriage knowing of defects in the marriage. 1. Concept Illegal marriages – refer to the offense of knowing contracting a marriage knowing of defects in the marriage. a. Legal basis ART. 350. Marriage contracted against provisions of laws. – The penalty of prision correccional... - [Bigamy, A349 Revised Penal Code](https://legalresource.ph/bigamy-a349-revised-penal-code/): Bigamy – refers to contracting a second/subsequent marriage despite the first/prior marriage is still subsisting. 1. Concept Bigamy – refers to contracting a second/subsequent marriage despite the first/prior marriage is still subsisting. a. Legal basis Article 349. Bigamy. – The penalty of prision mayor shall be imposed upon any person who shall contract a second... - [Usurpation of civil status, A348 Revised Penal Code](https://legalresource.ph/usurpation-of-civil-status-a348-revised-penal-code/): Usurpation of civil status refers to the act of a person taking on the civil status of another for purposes of defrauding other people, a.k.a. identity fraud. 1. Concept Usurpation – refers to seizing, holding, or grabbing something unlawfully. Civil status – refers to personal status or events of an individual or natural person, from... - [Concealment or abandonment of legitimate child, A347 Revised Penal Code](https://legalresource.ph/concealment-or-abandonment-of-legitimate-child-a347-revised-penal-code/): Concealment or abandonment of child for purposes of losing civil status – refers to the act of leaving newly-born children or infants in front of various places such as hospitals or religious institutions, resulting on the children being foundlings whose family and lineage is unknown. 1. Concept Concealment or abandonment of child for purposes of... - [Question XVI, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xvi-civil-law-2017-bar-exam/): Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their houses to their school, and back. The parents of the five schoolmates paid for the service. One morning, Porfirio, the driver, took a short cut on the way to school because he was running late, and drove across... - [Question XV, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xv-civil-law-2017-bar-exam/): Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his girlfriend Rosella to execute a document entitled “Continuing Guaranty Agreement” whereby she expressly agreed to be solidarily liable for the obligation of Kevin. Can ABC Bank proceed directly against Rosella upon Kevin’s default even without proceeding against Kevin first? Explain your... - [Question XIV, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xiv-civil-law-2017-bar-exam/): Plutarco owned land that borders on a river. After several years, the action of the water of the river caused the deposit of soil, and increased the area of Plutarco’s property by 200 square meters. (a) If Plutarco wants to own the increase in area, what will be his legal basis for doing so? Explain... - [Question XIII, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xiii-civil-law-2017-bar-exam/): TRUE or FALSE – Explain your answers. (a) All rights are considered as property. (2%) (b) A lessee cannot bring a case for quieting of title respecting the property that he leases. (2%) (c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%) (d) Possession of a... - [Question XII, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xii-civil-law-2017-bar-exam/): Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City. Due to severe financial constraints, Krystal was forced to sell the property to RBP Corporation, a foreign corporation based in South Korea. Subsequently, RBP Corporation sold the property to Gloria, one of its most valued clients. Wanting her property back, Krystal,... - [Question XI, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-xi-civil-law-2017-bar-exam/): Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00 from Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan “once his means permit.” Two months later, they had a quarrel that broke their long-standing friendship. Nolan seeks your advice on how to collect from Zeny despite... - [Question X, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-x-civil-law-2017-bar-exam/): Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void: (a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her grand piano for ₱5,000.-00. (2%) (b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%) (c) A barter of... - [Question IX, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-ix-civil-law-2017-bar-exam/): Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two minor children with Danny to live with her paramour. In 2015, Danny sold without Elsa’s consent a parcel of land registered in his name that he had purchased prior to the marriage. Danny used the proceeds of the... - [Question VIII, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-viii-civil-law-2017-bar-exam/): Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in farming in his home province where his 10- hectare farmland valued at ₱2,000,000.00 was located. He had already ₱3,000,000.00 savings from his long stint in Saudi Arabia. Eagerly awaiting Pedro’s arrival at the NAIA were his aging parents Modesto... - [Question VII, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-vii-civil-law-2017-bar-exam/): Alice agreed to sell a parcel of land with an area of 500 square meters registered in her name and covered by TCT No. 12345 in favor of Bernadette for the amount of ₱900,000.00. Their agreement dated October 15, 2015 reads as follows: I, Bernadette, agree to buy the lot owned by Alice covered by... - [Question VI, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-vi-civil-law-2017-bar-exam/): Tyler owns a lot that is enclosed by the lots of Riley to the North and East, of Dylan to the South, and of Reece to the West. The current route to the public highway is a kilometer’s walk through the northern lot of Riley, but the route is a rough road that gets muddy... - [Question V, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-v-civil-law-2017-bar-exam/): Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and cultivated the property. In 2014, Jacob discovered Liz’s presence in and cultivation of the property. Due to his being busy attending to his business in Cebu, he tolerated Liz’s cultivation of the property. Subsequently, in December 2016, Jacob wanted to... - [Question IV, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-iv-civil-law-2017-bar-exam/): (a) Distinguish antichresis from usufruct? (3%) (b) Distinguish commodatum from mutuum. (3%) Suggested Answer: (a) By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of... - [Question III, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-iii-civil-law-2017-bar-exam/): Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought to expropriate the property for its socialized housing project. The trial court fixed the just compensation for the property at P50 million. The NHA immediately deposited the same at the authorized depository bank and filed a motion for the issuance of... - [Question II, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-ii-civil-law-2017-bar-exam/): In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro. Rigor’s tract was classified as timber land while Mike’s was classified as agricultural land. Each of them fenced and cultivated his own tract continuously for 30 years. In 1991, the Government declared the land occupied by Mike as alienable and... - [Question I, Civil Law, 2017 Bar Exam](https://legalresource.ph/question-i-civil-law-2017-bar-exam/): State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%) (b) Carlos’ marriage to Dina which took place after Dina had poisoned her previous husband Edu in order to free... - [Question XX, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xx-civil-law-2018-bar-exam/): Simeon was returning to Manila after spending a weekend with his parents in Sariaya, Quezon. He boarded a bus operated by the Sabbit Bus Line (SBL) on August 30, 2013. In the middle of the journey, the bus collided with a truck coming from the opposite direction, which was overtaking the vehicle in front of... - [Question XIX, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xix-civil-law-2018-bar-exam/): Sebastian, who has a pending assessment from the Bureau of Internal Revenue (BIR), was required to post a bond. He entered into an agreement with Solid Surety Company (SSC) for SSC to issue a bond in favor of the BIR to secure payment of his taxes, if found to be due. In consideration of the... - [Question XVIII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xviii-civil-law-2018-bar-exam/): Shasha purchased an airline ticket from Sea Airlines (SAL) covering Manila-Bangkok- Hanoi-Manila. The ticket was exclusively endorsable to Siam Airlines (SMA). The contract of air transportation was between Shasha and SAL, with the latter endorsing to SMA the Hanoi-Manila segment of the journey. All her flights were confirmed by SAL before she left Manila. Shasha... - [Question XVII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xvii-civil-law-2018-bar-exam/): Sofia and Semuel, both unmarried, lived together for many years in the Philippines and begot three children. While Sofia stayed in the Philippines with the children, Semuel went abroad to work and became a naturalized German citizen. He met someone in Germany whom he wanted to marry. Semuel thereafter came home and filed a petition... - [Question XVI, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xvi-civil-law-2018-bar-exam/): Selena was a single 18-year old when she got pregnant and gave birth to Suri. She then left to work as a caregiver in Canada, leaving Suri with her parents in the Philippines. Selena, now 34 years old and a permanent resident in Canada, met and married Sam who is a 24-year old Canadian citizen... - [Question XV, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xv-civil-law-2018-bar-exam/): Simon owned a townhouse that he rented out to Shannon, a flight attendant with Soleil Philippine Airlines (SPA). They had no written contract but merely agreed on a three (3)-year lease. Shannon had been using the townhouse as her base in Manila and had been paying rentals for more than a year when she accepted... - [Question XIV, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xiv-civil-law-2018-bar-exam/): Socorro is the registered owner of Lot A while Segunda is the registered owner of the adjoining Lot B. Lot A is located at an elevated plateau of about 15 feet above the level of Lot B. Since Socorro was allegedly removing portions of the land and cement that supported the adjoining property, Segunda caused... - [Question XIII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xiii-civil-law-2018-bar-exam/): Sonny Inc., (SI) purchased several heavy machineries from Single Equipment Philippines, Inc. (SEP) for PhP 10 million, payable in 36 monthly installments. A chattel mortgage was constituted on the same machineries as security for the amount. As additional security, the President of SI, Stan Smith, mortgaged his personal house and lot. SI failed to pay... - [Question XII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xii-civil-law-2018-bar-exam/): Saachi opened a savings bank account with Shanghainese Bank. He made an initial deposit of PhP100,000. Part of the bank opening forms that he was required to sign when he opened the account was a Holdout Agreement which provided that, should he incur any liability or obligation to the bank, the bank shall have the... - [Question XI, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-xi-civil-law-2018-bar-exam/): Samantha sold all her business interest in a sole proprietorship to Sergio for the amount of PhP1 million. Under the sale agreement, Samantha was supposed to pay for all prior unpaid utility bills incurred by the sole proprietorship. A month after the Contract to Sell was executed, Samantha still had not paid the PhP50,000 electricity... - [Question X, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-x-civil-law-2018-bar-exam/): Sinclair and Steffi had an illicit relationship while Sinclair was married to another. The relationship produced a daughter Sabina, who grew up with her mother. For most parts of Sabina’s youth, Steffi spent for her support and education. When Sabina was 21 years old, Sinclair’s wife of many years died. Sinclair and Steffi lost no... - [Question IX, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-ix-civil-law-2018-bar-exam/): Newlyweds Sam and Sienna had contracted with Sangria Hotel for their wedding reception. The couple was so unhappy with the service, claiming, among other things, that there was an unreasonable delay in the service of dinner and that certain items promised were unavailable. The hotel claims that, while there was a delay in the service... - [Question VIII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-viii-civil-law-2018-bar-exam/): Sofronio was a married father of two when he had a brief fling with Sabrina, resulting in her pregnancy and the birth of their son Sinforoso. Though his wife knew nothing of the affair, Sofronio regretted it, but secretly provided child support for Sinforoso. Unfortunately, when Sinforoso was 10 years old, Sofronio died. Only Sofronio’s... - [Question VII, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-vii-civil-law-2018-bar-exam/): Sydney, during her lifetime, was a successful lawyer. By her own choice, she remained unmarried and devoted all her time to taking care of her nephew and two (2) nieces: Socrates, Saffinia, and Sophia. She wrote a will giving all her properties remaining upon her death to the three (3) of them. The will was... - [Question VI, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-vi-civil-law-2018-bar-exam/): Sammy and Santi are cousins who separately inherited two (2) adjoining lots from their grandfather. Sammy is based overseas but wants to earn income from his inherited land, so he asked a local contractor to build a row of apartments on his property which he could rent out. The contractor sent him the plans and... - [Question V, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-v-civil-law-2018-bar-exam/): Sol Soldivino, widow, passed away, leaving two (2) legitimate children: a 25-year-old son, Santino (whom she had not spoken to for five [5] years prior to her death since he attempted to kill her at that time), and a 20-year-old daughter, Sara. She left an estate worth PhP8 million and a will containing only one... - [Question IV, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-iv-civil-law-2018-bar-exam/): Severino died intestate, survived by his wife Saturnina, and legitimate children Soler, Sulpicio, Segundo and the twins Sandro and Sandra. At the time of his death, the twins were only 11 years of age, while all the older children were of age. He left only one property: a 5,000 sq. m. parcel of land. After... - [Question III, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-iii-civil-law-2018-bar-exam/): Silverio was a woman trapped in a man’s body. He was born male and his birth certificate indicated his gender as male, and his name as Silverio Stalon. When he reached the age of 21, he had a sex reassignment surgery in Bangkok, and, from then on, he lived as a female. On the basis... - [Question II, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-ii-civil-law-2018-bar-exam/): After finding out that his girlfriend Sandy was four (4) months pregnant, Sancho married Sandy. Both were single and had never been in any serious relationship in the past. Prior to the marriage, they agreed in a marriage settlement that the regime of conjugal partnership of gains shall govern their property relations during marriage. Shortly... - [Question I, Civil Law, 2018 Bar Exam](https://legalresource.ph/question-i-civil-law-2018-bar-exam/): Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief-counseling sessions. Years later, Sidley and Sonia got... - [Question B.20, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-20-civil-law-2019-bar-exam/): Distinguish the following: (a) Contract of sale and contract to sell (2%) (b) Interruption and tolling of prescription of actions (2%) Suggested Answer: (a) In a contract of sale, title to the property passes to the buyer upon delivery of the thing sold. In contrast, in a contract to sell, ownership does not pass to... - [Question B.19, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-19-civil-law-2019-bar-exam/): Mr. A entered into a lease contract covering one of his commercial buildings with XYZ Company, a partnership composed of X, Y, and Z, as lessee, for use as an office space. Upon failure to receive the rental payments when they fell due, Mr. A immediately sought payment of the same from X, Y, and... - [Question B.18, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-18-civil-law-2019-bar-exam/): In light of a new business venture, Mr. A entered into a lease contract with Mr. B involving one of the latter’s warehouses. One day, Mr. B, who was then encountering financial difficulties, approached Mr. A and sought for a loan, which Mr. A readily granted to him. In order to secure the loan obligation,... - [Question B.17, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-17-civil-law-2019-bar-exam/): In 2015, O, the original registered owner of a 300-square meter property covered by Original Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after, while O was abroad, F surreptitiously broke open O’s safe and stole the duplicate copy of the said OCT. F then forged a Deed of Absolute... - [Question B.16, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-16-civil-law-2019-bar-exam/): C Corp. entered into a contract with D, Inc. for the construction of the latter’s production warehouse. In consideration thereof, D, Inc. was obliged to pay C Corp. the amount of ₱50,000,000.00 within a period of one (1) month from the time of the project’s completion. To secure the payment of the said sum, D,... - [Question B.15, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-15-civil-law-2019-bar-exam/): Mr. P offered to sell his Manila Polo Club shares to Ms. Q for ₱2,500,000.00. Ms. Q accepted on the condition that their agreement will not take effect until after one (1) year. Mr. P then acceded and both of them shook hands. Excited about the prospect of acquiring Mr. P’s shares, Ms. Q approached... - [Question B.14, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-14-civil-law-2019-bar-exam/): Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently, made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground that the... - [Question B.13, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-13-civil-law-2019-bar-exam/): M, single, named his sister N in his will, as a devisee over a certain parcel of land that he owned, with the obligation of preserving the land and transferring it, upon N’s death, to her illegitimate daughter O, who was then only a year old. Is the condition imposed on N to preserve the... - [Question B.12, Civil Law, 2019 Bar Exam](https://legalresource.ph/question-b-12-civil-law-2019-bar-exam/): D, an Overseas Filipino Worker, was on his way home to the Philippines after working for so many years in the Middle East. He had saved ₱100,000.00 in his local savings account which he intended to use to start up a business in his home country. On his flight home, tragedy struck as a suicide... - [Penalties, A21-24 Revised Penal Code](https://legalresource.ph/penalties-a21-24-revised-penal-code/): 1. Penalties [T]here is no crime when there is no law punishing it (Nullum Crimen, nulla poena sine lege).  (Peñalosa v. Ocampo, Jr., G.R. No. 230299, April 26, 2023, Per Leonen, SAJ.) a. Legal basis Article 21. Penalties that may be imposed. – No felony shall be punishable by any penalty not prescribed by law... - [Writ of amparo, Rule on the Writ of Amparo](https://legalresource.ph/writ-of-amparo-rule-on-the-writ-of-amparo/): 1. Concept The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. (Section, A.M. No. 07-9-12-SC, Rule on the... - [Writ of habeas data, Rule on the Writ of Habeas Data](https://legalresource.ph/writ-of-habeas-data-rule-on-the-writ-of-habeas-data/): 1. Concept The writ of habeas data – is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of... - [Writ of habeas corpus, Bill of Rights, A3S15 1987 Constitution](https://legalresource.ph/writ-of-habeas-corpus-bill-of-rights-a3s15-1987-constitution/): 1. Concept a. Coverage All cases of illegal confinement or detention. Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the... - [Ex post facto laws and bills of attainder, Bill of Rights, A3S22 1987 Constitution](https://legalresource.ph/ex-post-facto-laws-and-bills-of-attainder-bill-of-rights-a3s22-1987-constitution/): 1. Concept No ex post facto law or bill of attainder shall be enacted. (Section 22, Article III, 1987 Constitution) An ex post facto law is one which, among others, aggravates a crime or makes it greater than it was when committed or changes the punishment and inflicts a greater punishment than the law annexed... - [Non-imprisonment for debts, Bill of Rights, A3S20 1987 Constitution](https://legalresource.ph/non-imprisonment-for-debts-bill-of-rights-a3s20-1987-constitution/): 1. Concept No person shall be imprisoned for debt or non-payment of a poll tax. (Section 20, Article III, 1987 Constitution) Abolition of imprisonment for debt was brought about by the force of public opinion which looked with abhorrence on statutory provision which permitted the cruel imprisonment of debtors. The people sought to prevent the... - [Right against excessive fines, cruel and inhuman punishments, Bill of Rights, A3S19 1987 Constitution](https://legalresource.ph/right-against-excessive-fines-cruel-and-inhuman-punishments-bill-of-rights-a3s19-1987-constitution/): 1. Concept Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Section 19[1], Article III, 1987 Constitution) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. (Section 19[2], Article... - [Right against involuntary servitude, Bill of Rights, A3S18 1987 Constitution](https://legalresource.ph/right-against-involuntary-servitude-bill-of-rights-a3s18-1987-constitution/): 1. Concept No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. (Section 18[2], Article III, 1987 Constitution) Involuntary servitude – refers to a condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause... - [Right against double jeopardy, Bill of Rights, A3S21 1987 Constitution](https://legalresource.ph/right-against-double-jeopardy-bill-of-rights-a3s21-1987-constitution/): 1. Concept No person shall be twice put in jeopardy of punishment for the same offense. (Section 21, Article III, 1987 Constitution) If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Section 21, Article III, Ibid.) The... - [Right against self-incrimination, Bill of Rights, A3S17 1987 Constitution](https://legalresource.ph/right-against-self-incrimination-bill-of-rights-a3s17-1987-constitution/): 1. Concept a. Scope The right against self-incrimination is accorded to every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal or administrative proceeding. (Rosete v. Lim, G.R. No. 136051, 08 June 2006) The right is not to be compelled to be a witness against himself. It secures to... - [Right to speedy trial and speedy disposition of cases, Bill of Rights, A3S16 1987 Constitution](https://legalresource.ph/right-to-speedy-trial-and-speedy-disposition-of-cases-bill-of-rights-a3s16-1987-constitution/): 1. Concept All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Section 16, Article III, 1987 Constitution) This right to a speedy trial may be defined as one free from vexatious, capricious and oppressive delays, its “salutary objective” being to assure that an innocent... - [Rights of the accused, Bill of Rights, A3S14 1987 Constitution](https://legalresource.ph/rights-of-the-accused-bill-of-rights-a3s14-1987-constitution/): 1. Concept No person shall be held to answer for a criminal offense without due process of law. (Section 14[1], Article III, 1987 Constitution) A day in court is the touchstone of the right to due process in criminal justice. It is an aspect of the duty of the government to follow a fair process... - [Rights under custodial investigations, Bill of Rights, A3S12 1987 Constitution](https://legalresource.ph/rights-under-custodial-investigations-bill-of-rights-a3s12-1987-constitution/): 1. Concept Miranda rights. The guarantees of Sec. 12 (1), Art. III of the 1987 Constitution, or the so-called Miranda rights, may be invoked only by a person while he is under custodial investigation. (People v. Amestuzo, G.R. No. 104383, 12 July 2001) Custodial investigation. Custodial investigation – involves any questioning initiated by law enforcement... - [Free access to courts and legal assistance, Bill of Rights, A3S11 1987 Constitution](https://legalresource.ph/free-access-to-courts-and-legal-assistance-bill-of-rights-a3s11-1987-constitution/): 1. Concept Free access to courts and adequate legal assistance. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Section 11, Article III, 1987 Constitution) a. Equal access Free access to the courts and adequate legal assistance are among the fundamental... - [Non-impairment of contracts, Bill of Rights, A3S10 1987 Constitution](https://legalresource.ph/non-impairment-of-contracts-bill-of-rights-a3s10-1987-constitution/): 1. Concept No law impairing the obligation of contracts shall be passed. (Section 10, Article III, 1987 Constitution) a. Freedom to contract – not absolute The freedom to contract is not absolute; all contracts and all rights are subject to the police power of the State and not only may regulations which affect them be... - [Right to association, Bill of Rights, A3S8 1987 Constitution](https://legalresource.ph/right-to-association-bill-of-rights-a3s8-1987-constitution/): 1. Concept The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. (Section 8, Article III, 1987 Constitution) a. Not contrary to law Nonetheless, the Constitution limits this particular freedom in the sense that there... - [Eminent domain, Bill of Rights, A3S9 1987 Constitution](https://legalresource.ph/eminent-domain-bill-of-rights-a3s9-1987-constitution/): 1. Concept Eminent domain – is the power of the State to take private property for public use. It is an inherent power of State as it is a power necessary for the State’s existence; it is a power the State cannot do without. As an inherent power, it does not need at all to... - [Right to information, Bill of Rights, A3S7 1987 Constitution](https://legalresource.ph/right-to-information-bill-of-rights-a3s7-1987-constitution/): 1. Concept a. Scope Right to information. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the... - [Freedom of speech and expression, Bill of Rights, A3S4 1987 Constitution](https://legalresource.ph/freedom-of-speech-and-expression-bill-of-rights-a3s4-1987-constitution/): 1. Political speech a. Concept Freedom of expression is the freedom to disseminate ideas and beliefs, whether competing, conforming or otherwise. It is the freedom to express to others what one likes or dislikes, as it is the freedom of others to express to one and all what they favor or disfavor. It is the... - [Privacy of communications and correspondence, Bill of Rights, A3S3 1987 Constitution](https://legalresource.ph/privacy-of-communications-and-correspondence-bill-of-rights-a3s3-1987-constitution/): 1. Concept a. Constitutional right The right to privacy, as an inherent concept of liberty, has long been recognized as a constitutional right. (Gamboa v. Chan, En Banc, G.R. No. 193636, 24 July 2012) 3 strands of the right to privacy 1) Locational or situational privacy; 2) Informational privacy; and 3) Decisional privacy. (Vivares v.... - [Arrests, searches, seizures, Bill of Rights, A3S2 1987 Constitution](https://legalresource.ph/arrests-searches-seizures-bill-of-rights-a3s2-1987-constitution/): 1. Requisites of a valid warrant Requisites of a valid warrant: A search warrant shall not issue except: 1) Upon probable cause; 2) In connection with one specific offense; 3) To be determined personally by the judge; 4) After examination under oath or affirmation of the complainant and the witnesses he may produce; and 5)... - [Equal protection, Bill of Rights, A3S1 1987 Constitution](https://legalresource.ph/equal-protection-a3s1-bill-of-rights/): 1. Concept No person shall be denied the equal protection of the laws. (Section 1, Article III, 1987 Constitution) a. Classification The equal protection of the laws clause of the Constitution allows classification. Classification in law, as in the other departments of knowledge or practice, is the grouping of things in speculation or practice because... - [Due Process, Bill of Rights, A3S1 1987 Constitution](https://legalresource.ph/due-process-bill-of-rights-a3s1-1987-constitution/): 1. Concept a. 2 aspects of due process Due process of law has two aspects: substantive and procedural. In order that a particular act may not be impugned as violative of the due process clause, there must be compliance with both the substantive and the procedural requirements thereof. (Alliance for the Family Foundation, Philippines, Inc.... - [Commission on Appointments (COA), Constitutional Law](https://legalresource.ph/commission-on-appointments-coa-constitutional-law/): 1. Composition and qualifications Composition, There shall be a Commission on Audit composed of a Chairman and two (2) Commissioners. (Section 1[1], Part D, Article IX, Ibid.) Same; Limitation. At no time shall all Members of the Commission belong to the same profession. (Section 1[1], Part D, Article IX, Ibid.) Qualifications of COA Chairperson and... - [COMELEC, Constitutional Law](https://legalresource.ph/comelec-constitutional-law/): 1. Composition and qualifications Composition. There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners. (Section 1[1], Part C, Article IX, Ibid.) Same; Majority – Members of Philippine Bar. A majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of... - [Civil Service Commission (CSC), Constitutional Law](https://legalresource.ph/civil-service-commission-csc-constitutional-law/): Preliminary Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article IX, 1987 Constitution) Coverage; All parts of the Government, including GOCCs with original charters. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Section... - [Constitutional Commissions – common provisions, Constitutional Law](https://legalresource.ph/constitutional-commissions-common-provisions-constitutional-law/): 1. Independent The Constitutional Commissions, which shall be independent, are: 1) The Civil Service Commission (CSC); 2) The Commission on Elections (COMELEC); and 3) The Commission on Audit (COA). (Section 1, Part A, Article IX, 1987 Constitution) 2. Appointment By the President with consent of Commission on Appointments. The Chairman and the Commissioners shall be... - [Supreme Court – composition and powers, Constitutional Law](https://legalresource.ph/supreme-court-composition-and-powers-constitutional-law/): 1. Composition 1 Chief Justice and 14 Associate Justice. The Supreme Court shall be composed of a Chief Justice and fourteen (14) Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. (Section 4[1],... - [Appointments to the judiciary, Constitutional Law](https://legalresource.ph/appointments-to-the-judiciary-constitutional-law/): 1. Concept a. Constitutional and statutory qualifications In general. A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. (Section 7[3], Article VIII, 1987 Constitution) Constitutional Qualifications: Supreme Court No person shall be appointed Member of the Supreme Court unless he is: 1) A natural-born citizen of the Philippines;... - [Judicial independence, Constitutional Law](https://legalresource.ph/judicial-independence-constitutional-law/): 1. Judicial Independence Recognizing the vital role that the Judiciary plays in our system of government as the sole repository of judicial power, with the power to determine whether any act of any branch or instrumentality of the government is attended with grave abuse of discretion, no less than the Constitution provides a number of... - [Judicial review, Constitutional Law](https://legalresource.ph/judicial-review-constitutional-law/): 1. Requisites Requisites for the exercise of the power of judicial review: 1) There must be an actual case or justiciable controversy before this Court; 2) The question before this Court must be ripe for adjudication; 3) The person challenging the act must be a proper party; and 4) The issue of constitutionality must be... - [Judicial power, Constitutional Law](https://legalresource.ph/judicial-power-constitutional-law/): 1. Duty of courts Judicial power. Judicial power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any... - [Succession rules, Constitutional Law](https://legalresource.ph/succession-rules-constitutional-law/): 1. President a. Vice-President 1) Issues with the election of the President a. President-elect fails to qualify. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. (Paragraph 2, Section 7, Article VII, 1987 Constitution) b. President shall not have been chosen. If a President shall not... - [Executive’s powers re appropriation measures, Constitutional Law](https://legalresource.ph/executives-powers-re-appropriation-measures-constitutional-law/): 1. Principles on appropriation It is the President who proposes the budget but it is Congress that has the final say on matters of appropriations. For this purpose, appropriation involves two governing principles: Governing principles on appropriation: 1) A Principle of the Public Fisc, asserting that all monies received from whatever source by any part... - [Diplomatic power, Constitutional Law](https://legalresource.ph/diplomatic-power-constitutional-law/): Preliminary President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the... - [Executive clemency, Constitutional Law](https://legalresource.ph/executive-clemency-constitutional-law/): 1. Executive clemency a. Forms and limitations General Rules: 1) The President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. (Section 19, Article VII, 1987 Constitution) 2) He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of... - [Military powers, Constitutional Law](https://legalresource.ph/military-powers-constitutional-law/): 1. Calling out powers President – power to call out the armed forces. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. (Section 18, Article VII, 1987 Constitution) Solely exercised... - [Emergency Powers, Constitutional Law](https://legalresource.ph/emergency-powers-constitutional-law/): 1. Concept a. Emergency War and other national emergency – Congress allowed to grant President emergency powers. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out... - [Executive’s power of control and supervision, Constitutional Law](https://legalresource.ph/executives-power-of-control-and-supervision-constitutional-law/): 1. Doctrine of qualified political agency Doctrine of qualified political agency. Under the doctrine of qualified political agency, department secretaries are alter egos or assistants of the President and their acts are presumed to be those of the latter unless disapproved or reprobated by him. (Manubay v. Garilao, G.R. No. 140717, 16 April 2009) Same;... - [Powers of the President, Constitutional Law](https://legalresource.ph/powers-of-the-president-constitutional-law/): 1. General executive and administrative powers Control over Executive Department. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed. (Section 17, Article VII, 1987 Constitution) Address Congress. The President shall address the Congress at the opening of its regular session. He may... - [President's privileges, inhibitions, and disqualifications, Constitutional Law](https://legalresource.ph/presidents-privileges-inhibitions-and-disqualifications-constitutional-law/): 1. Privileges a. Presidential immunity Concurrent with incumbency. The presidential immunity from suit exists only in concurrence with the president’s incumbency. (Saez v. Arroyo, En Banc, G.R. No. 183533, 25 September 2012) Same; While in office; Cannot be invoked by non-sitting president. The President enjoys immunity from suit during his or her tenure of office... - [President and Vice-President’s qualifications, Constitutional Law](https://legalresource.ph/president-and-vice-presidents-qualifications-constitutional-law/): 1. Qualifications a. President Qualifications to be President: No person may be elected President unless he is: 1) A natural-born citizen of the Philippines; 2) A registered voter; 3) Able to read and write; 4) At least forty (40) years of age on the day of the election; and 5) A resident of the Philippines... - [Initiative and referendum, Constitutional Law](https://legalresource.ph/initiative-and-referendum-constitutional-law/): 1.  Concept The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition... - [Electoral tribunals](https://legalresource.ph/electoral-tribunals/): 1. Powers and jurisdiction The Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. (Section 17, Article VI, 1987 Constitution) a. Powers The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of... - [Power of impeachment, Constitutional Law](https://legalresource.ph/power-of-impeachment-constitutional-law/): 1. Who may be impeached The following may be impeached: 1) The President; 2) The Vice-President; 3) The Members of the Supreme Court; 4) The Members of the Constitutional Commissions; and, 5) The Ombudsman. (Section 2, Article XI, 1987 Constitution) a. Grounds The above-mentioend impeachable officers may be removed from office, on impeachment for, and... - [Legislative inquiries and oversight functions, Constitutional Law](https://legalresource.ph/legislative-inquiries-and-oversight-functions-constitutional-law/): 1. Legislative inquiries The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. (Section 21, Article VI, 1987 Constitution) The heads of... - [Appropriation and re-alignment, Constitutional Law](https://legalresource.ph/appropriation-and-re-alignment-constitutional-law/): 1. No transferring of appropriations – with exception GENERAL RULE: No law shall be passed authorizing any transfer of appropriations. (Section 25[5], Article VI, Ibid.) EXCEPTION: … however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions... - [Discipline of members in Congress, Constitutional Law](https://legalresource.ph/discipline-of-members-in-congress-constitutional-law/): 1. Parliamentary (Internal) Rules Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds (2/3) of all its Members, suspend or expel a Member. (Section 16[3], Article VI, Ibid.) A penalty of suspension, when imposed, shall not exceed sixty days. (Ibid.) a. Disciplinary action... - [Quorum and voting majorities in Congress, Constitutional Law](https://legalresource.ph/quorum-and-voting-majorities-in-congress-constitutional-law/): 1. Sessions REGULAR SESSIONS: The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty (30) days before the opening of its next... - [Legislative privileges, inhibitions, and qualifications, Constitutional Law](https://legalresource.ph/legislative-privileges-inhibitions-and-qualifications-constitutional-law/): 1. Legislative Privilege a. Immunity from arrest A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six (6) years imprisonment, be privileged from arrest while the Congress is in session. (Section 11, Article VI, 1987 Constitution) RESTRICTIVE SENSE: The immunity from arrest or detention of Senators... - [Houses of Congress, Constitutional Law](https://legalresource.ph/houses-of-congress-constitutional-law/): Preliminary The legislative power shall be vested in the Congress of the Philippines which shall consist of a: 1) a Senate; and 2) a House of Representatives … except to the extent reserved to the people by the provision on initiative and referendum. (Section 1, Article VI, 1987 Constitution) 1. Senate a. 24 Senators The... - [Legislative power, Constitutional Law](https://legalresource.ph/legislative-power-constitutional-law/): Preliminary SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Article VI, 1987 Constitution) 1. Scope and limitations a. Congressional Oversight Broadly defined, the... - [State immunity, Constitutional Law](https://legalresource.ph/state-immunity-constitutional-law/): 1. Concept The State may not be sued without its consent. (Section 3, Article XVI, 1987 Constitution) No suit shall lie against the State except with its consent as provided by law. (Section 10, Chapter 3, Book I, E.O. 292, Administrative Code of 1987) Doctrine of sovereign immunity:The immunity of the State from suit, known... - [Separation of powers, Constitutional Law](https://legalresource.ph/separation-of-powers-constitutional-law/): 1. Actual Division in our Constitution The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does... - [State’s fundamental powers, Constitutional Law](https://legalresource.ph/states-fundamental-powers-constitutional-law/): Preliminary The State has three fundamental powers: 1) Police power; 2) Eminent domain; and 3) Taxation. (Planters Products, Inc. v. Fertiphil Corporation, G.R. No. 166006, 14 March 2008) 1. Police power a. Concept Police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property.... - [National territory, A1 1987 Constitution](https://legalresource.ph/national-territory-a1-1987-constitution/): Preliminary The 1987 Philippine Constitution provides: ARTICLE I National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular... - [Accessories, A19-20 Revised Penal Code](https://legalresource.ph/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... - [Accomplices, A18 Revised Penal Code](https://legalresource.ph/accomplices-a18-revised-penal-code/): 1. Concept Accomplices – refers to the those who are not principals but cooperated in the commission of the crime by previous or simultaneous acts. a. Legal basis Article 18. Accomplices. – Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts.... - [Principals, A17 Revised Penal Code](https://legalresource.ph/principals-a17-revised-penal-code/): 1. Concept Principals – refers to those who authored or directly participated in the commission of the crime. a. Legal basis Article 17. Principals. – The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3.... - [Who are criminally liable, A16 Revised Penal Code](https://legalresource.ph/who-are-criminally-liable-a16-revised-penal-code/): 1. Concept Who are criminally liable – refers to the individuals who are considered accountable for a crime that has been committed. a. Legal basis Article 16. Who are criminally liable. – The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for... - [Alternative circumstances, A15 Revised Penal Code](https://legalresource.ph/alternative-circumstances-a15-revised-penal-code/): 1. Concept Alternative circumstances – refers to circumstances wherein they may be appreciated as an aggravating circumstance or a mitigating circumstance depending on the conditions. a. Legal basis Article 15. Their concept. – Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the... - [RPC’s supplementary application, A10 Revised Penal Code](https://legalresource.ph/rpcs-supplementary-application-a10-revised-penal-code/): 1. Concept RPC’s suppletory application – refers to the supplementary application of the Revised Penal Code in case future special penal laws which may be lacking in certain respects. a. Legal basis Article 10. Offenses not subject to the provisions of this Code. – Offenses which are or in the future may be punishable under... - [Grave felonies, less grave felonies, light felonies, A7, A9 Revised Penal Code](https://legalresource.ph/grave-felonies-less-grave-felonies-light-felonies-a7-a9-revised-penal-code/): 1. Concept Grave felonies, less grave felonies, light felonies – refer to the gravity or seriousness of the felonies or crimes as reflected in the extent of the penalty that is imposed. a. Legal basis Art. 9. Grave felonies, less grave felonies and light felonies. – Grave felonies are those to which the law attaches... - [Consummated, frustrated, attempted, A6 Revised Penal Code](https://legalresource.ph/consummated-frustrated-attempted-a6-revised-penal-code/): 1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 6. Consummated, frustrated, and attempted felonies. – Consummated felonies as well as those which are frustrated and attempted, are... - [Preamble, A1 1987 Constitution](https://legalresource.ph/preamble-a1-1987-constitution/): 1. Preamble The Preamble of the 1987 Constitution reads: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our... - [Declaration of State Policies, A2 1987 Constitution](https://legalresource.ph/declaration-of-state-policies-a2-1987-constitution/): Preliminary The following are the decorated State policies under the 1987 Constitution: 1) That the State shall pursue an independent foreign policy; 2) That the State shall pursue a policy of freedom from nuclear weapons in its territory; 3) That the State shall promote a just and dynamic social order; 4) That the State shall... - [Declaration of Principles, A2 1987 Constitution](https://legalresource.ph/declaration-of-principles-a2-1987-constitution/): 1. Principles The following are the decorated principles under the 1987 Constitution: 1) That the Philippines is a democratic and republican State; 2) That sovereignty resides with the people; 3) That the Philippines renounces war as an instrument of war; 4) That the Philippines adopts international law; 5) That civilian authority is supreme over the... - [Duty of the court, A5 Revised Penal Code](https://legalresource.ph/duty-of-the-court-a5-revised-penal-code/): 1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by... - [Criminal liability, A4 Revised Penal Code](https://legalresource.ph/criminal-liability-a4-revised-penal-code/): 1. Concept Criminal liability – may be incurred in two ways, via a felony or through an impossible crime. a. Legal basis Article 4. Criminal liability. – Criminal liability shall be incurred: 1. By any person committing a felony (delicto) although the wrongful act done be different from that which he intended. 2. By any... - [RPC Application, A2 Revised Penal Code](https://legalresource.ph/rpc-application-a2-revised-penal-code/): 1. Concept The application of the Revised Penal Code – refers to its to the scope and extent of its enforceability, whether inside or outside of the Philippines. a. Legal basis Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall... - [RPC Effectivity, A1 Revised Penal Code](https://legalresource.ph/rpc-effectivity-a1-revised-penal-code/): 1. Concept Act No. 3815 or the Revised Penal Code took effect on January 1, 1932. a. Legal basis Article 1. Time when Act takes effect. – This Code shall take effect on the first day of January, nineteen hundred and thirty-two. (Revised Penal Code) While the Revised Penal Code took effect on January 1,... - [Dwelling, A14(3) Revised Penal Code](https://legalresource.ph/dwelling-a143-revised-penal-code/): 1. Concept Dwelling, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in the dwelling of the victim. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3. That the act be committed… in the dwelling of the offended party,... - [Abuse of confidence, A14(4) Revised Penal Code](https://legalresource.ph/abuse-of-confidence-a144-revised-penal-code/): 1. Concept Abuse of confidence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by abusing the trust and confidence response on the offender. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 4. That the act be committed with... - [Chief Executive’s palace or presence, A14 Revised Penal Code](https://legalresource.ph/chief-executives-palace-or-presence-a14-revised-penal-code/): 1. Concept Chief Executive’s palace or presence, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place.. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be committed in the palace of the... - [Contempt or insult to public authorities, A14(2) Revised Penal Code](https://legalresource.ph/contempt-or-insult-to-public-authorities-a142-revised-penal-code/): 1. Concept Contempt or with insult to public authorities, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a manner. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 2. That the crime be committed in contempt or... - [Public authorities discharging duties, A14(5) Revised Penal Code](https://legalresource.ph/public-authorities-discharging-duties-a145-revised-penal-code/): 1. Concept Where public authorities are engaged in the discharge of their duties, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime in such a place. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be... - [Place dedicated to religious worship, A14(5) Revised Penal Code](https://legalresource.ph/place-dedicated-to-religious-worship-a145-revised-penal-code/): 1. Concept Place dedicated to religious worship, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in a place dedicated to religious worship. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 5. That the crime be committed in… a... - [Nighttime (nocturnity), A14(6) Revised Penal Code](https://legalresource.ph/nighttime-nocturnity-a146-revised-penal-code/): 1. Concept Nighttime (nocturnity), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender specifically sought out the nighttime to take advantage of it in committing the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 6. That the crime be committed in... - [Uninhabited place (despoblado), A14(6) Revised Penal Code](https://legalresource.ph/uninhabited-place-despoblado-a146-revised-penal-code/): 1. Concept Uninhabited place, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender purposely sought out an isolated or secluded place to commit the crime. An uninhabited place is one where [there] are no houses at all, a considerable distance from town, or where the houses are scattered... - [By a band (en cuadrilla), A14(6) Revised Penal Code](https://legalresource.ph/by-a-band-en-cuadrilla-a146-revised-penal-code/): 1. Concept By a band, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime with a band. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 6. That the crime be committed by a band… whenever such circumstances may facilitate... - [Calamity or misfortune, A14(7) Revised Penal Code](https://legalresource.ph/calamity-or-misfortune-a147-revised-penal-code/): 1. Concept Calamity or misfortune, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime on the occasion of a calamity or misfortune. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 7. That the crime be committed on the occasion... - [Aid of armed men, A14(8) Revised Penal Code](https://legalresource.ph/aid-of-armed-men-a148-revised-penal-code/): 1. Concept Aid of armed men as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with the aid of armed men or person who insure or afford impunity.. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 8. That the... - [Recidivism (reincidencia), A14(9) Revised Penal Code](https://legalresource.ph/recidivism-reincidencia-a149-revised-penal-code/): 1. Concept Recidivism, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender must have a previous conviction by final judgment of another crime in the same title of the Revised Penal Code prior to the arraignment of the present crime. a. Legal basis Article 14. Aggravating circumstances.... - [Habituality (reiteracion), A14(10) Revised Penal Code](https://legalresource.ph/habituality-reiteracion-a1410-revised-penal-code/): 1. Concept Habituality (reiteracion), as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when offender has been previously punished: (a) by an offense to which the law attaches an equal or greater penalty; or (b) for two or more crimes to which it attaches a lighter penalty. a. Legal basis... - [Price, reward, promise, A14(11) Revised Penal Code](https://legalresource.ph/price-reward-promise-a1411-revised-penal-code/): 1. Concept In consideration of a price, reward, or promise, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in consideration thereof.. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 11. That the crime be committed in consideration of... - [Great waste and ruin, A14(12) Revised Penal Code](https://legalresource.ph/great-waste-and-ruin-a1412-revised-penal-code/): 1. Concept Great waste and ruin, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great... - [Evident premeditation, A14(13) Revised Penal Code](https://legalresource.ph/evident-premeditation-a1413-revised-penal-code/): 1. Concept Evident premeditation, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender calmly prepares and executes the commission of the crime. The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to... - [Craft, fraud, disguise, A14(14) Revised Penal Code](https://legalresource.ph/craft-fraud-disguise-a1414-revised-penal-code/): 1. Concept Craft, fraud, disguise, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender resorted to employing some form of intellectual trickery, such as a craft, fraud, or disguise in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating... - [Superior strength, weaken the defense, A14(15) Revised Penal Code](https://legalresource.ph/superior-strength-weaken-the-defense-a1415-revised-penal-code/): 1. Concept Superior strength, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his/her superior strength or employed means to weaken the defense of the victim in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating... - [Treachery, A14(16) Revised Penal Code](https://legalresource.ph/treachery-a1416-revised-penal-code/): 1. Concept Treachery, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employs means, methods, or forms to ensure the commission of the crime without risk tom him/herself and that the offended party be defenseless or be unable to escape. There is treachery when the offender commits... - [Ignominy, A14(17) Revised Penal Code](https://legalresource.ph/ignominy-a1417-revised-penal-code/): 1. Concept Ignominy, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in such a manner that it becomes more humiliating to the victims or adds to their moral suffering. Ignominy – is defined as a circumstance pertaining to the moral order which adds... - [After an unlawful entry, A14(18) Revised Penal Code](https://legalresource.ph/after-an-unlawful-entry-a1418-revised-penal-code/): 1. Concept Unlawful entry, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender unlawfully enters a premises or  a place and then commits the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 18. That the crime be committed after an unlawful... - [Breaking a wall, roof, door, etc., A14(19) Revised Penal Code](https://legalresource.ph/breaking-a-wall-roof-door-etc-a1419-revised-penal-code/): 1. Concept Breaking a wall, roof, floor, door or window, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the commission of the crime is preceded by breaking a wall, roof, floor, door or window a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 19.... - [Aid of minor under 15 yo, A14(20) Revised Penal Code](https://legalresource.ph/aid-of-minor-under-15-yo-a1420-revised-penal-code/): 1. Concept Aid of minor under 15 years old, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employed the aid or assistance of a minor under 15 years old to commit a crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances:... - [Motor vehicles, A14(20) Revised Penal Code](https://legalresource.ph/motor-vehicles-a1420-revised-penal-code/): 1. Concept Use of motor vehicles, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender used a motor vehicle to commit the crime or facilitate the escape. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 20. That the crime be committed… by... - [Cruelty, A14(21) Revised Penal Code](https://legalresource.ph/cruelty-a1421-revised-penal-code/): 1. Concept Cruelty, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender deliberately augments the crime committed by causing another wrong which is not necessary for the commission of the first/original crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 21. That... - [Mitigating circumstances, A13 Revised Penal Code](https://legalresource.ph/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... - [Incomplete justifying or exempting circumstances, A13(1) Revised Penal Code](https://legalresource.ph/incomplete-justifying-or-exempting-circumstances-a131-revised-penal-code/): 1. Concept Incomplete justifying or to exempting circumstances – refers to the mitigating circumstance under the Revised Penal Code wherein not all of the requisites necessary to justify or exempt from criminal liability are present. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 1. Those mentioned in the preceding chapter,... - [Minority or seniority, A13(2) Revised Penal Code](https://legalresource.ph/minority-or-seniority-a132-revised-penal-code/): 1. Concept Minority or seniority – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is a minor being under 18 years old or a senior being over 70 years old. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 2. That the offender is under eighteen... - [Lack of intention to commit so grave a wrong, A13(3) Revised Penal Code](https://legalresource.ph/lack-of-intention-to-commit-so-grave-a-wrong-a133-revised-penal-code/): 1. Concept Lack of intention to commit so grave  a wrong – refers to the mitigating circumstance under the Revised Penal Code wherein the accused had no intention to commit so grave a wrong as that committed. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 3. That the offender had... - [Corporate lawyers; conflict of interest, C3S19 CPRA](https://legalresource.ph/corporate-lawyers-conflict-of-interest-c3s19-cpra/): Section 19, Canon III SECTION 19. Corporate lawyers; conflict of interest. – In relation to organizational clients, a lawyer who represents a corporation or any organization does not, by virtue of such representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. A lawyer for a corporation or other organization, who... - [Prohibition against conflict-of-interest representation; former clients, C3S18 CPRA](https://legalresource.ph/prohibition-against-conflict-of-interest-representation-former-clients-c3s18-cpra/): Section 18, Canon III SECTION 18. Prohibition against conflict-of-interest representation; former clients. – In relation to former clients, the following rules shall be observed: (a) A lawyer shall maintain the private confidences of a former client even after the termination of the engagement, except upon the written informed consent of the former client, or as... - [Prohibition against conflict-of-interest representation; prospective clients, C3S17 CPRA](https://legalresource.ph/prohibition-against-conflict-of-interest-representation-prospective-clients-c3s17-cpra/): Section 17, Canon III SECTION 17. Prohibition against conflict-of-interest representation; prospective clients. – In relation to prospective clients, the following rules shall be observed: (a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to... - [Prohibition against dating, romantic, or sexual relations with a client, C3S16 CPRA](https://legalresource.ph/prohibition-against-dating-romantic-or-sexual-relations-with-a-client-c3s16-cpra/): Section 16, Canon III SECTION 16. Prohibition against dating, romantic, or sexual relations with a client. – A lawyer shall not have dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced. (2023 Code of Professional Responsibility and Accountability or CPRA) 1.... - [Conflict of interest of a lawyer hired by a law firm, C3S15 CPRA](https://legalresource.ph/conflict-of-interest-of-a-lawyer-hired-by-a-law-firm-c3s15-cpra/): Section 15, Canon III SECTION 15. Conflict of interest of a lawyer hired by a law firm. – When a lawyer joins a law firm, it shall be the duty of the lawyer to disclose to the law firm, at the earliest possible opportunity, his or her previous clients that may have a potential conflict... - [Prohibition against conflict-of-interest representation; current clients, C3S14 CPRA](https://legalresource.ph/prohibition-against-conflict-of-interest-representation-current-clients-c3s14-cpra/): Section 14, Canon III SECTION 14. Prohibition against conflict-of-interest representation; current clients. – In relation to current clients, the following rules shall be observed: (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless: (1) it... - [Conflict of interest, C3S13 CPRA](https://legalresource.ph/conflict-of-interest-c3s13-cpra/): Section 13, Canon III SECTION 13. Conflict of interest. – A lawyer shall not represent conflicting interests except by written informed consent of all concerned given after a full disclosure of the facts. There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons. The test is whether... - [Responsibilities of a supervised lawyer, C3S12 CPRA](https://legalresource.ph/responsibilities-of-a-supervised-lawyer-c3s12-cpra/): Section 12, Canon III SECTION 12. Responsibilities of a supervised lawyer. – A supervised lawyer acting under the direction of the supervising lawyer, managing partner, or other partners of the firm is nevertheless bound by the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Responsibilities of a supervised lawyer Supervised lawyers –... - [Responsibility of a supervisor lawyer over a supervised lawyer, C3S11 CPRA](https://legalresource.ph/responsibility-of-a-supervisor-lawyer-over-a-supervised-lawyer-c3s11-cpra/): Section 11, Canon III SECTION 11. Responsibility of a supervisory lawyer over a supervised lawyer. – A supervisory lawyer shall co-sign a pleading or other submission to any court, tribunal, or other government agency with a supervised lawyer. A supervisory lawyer shall be responsible for a violation of the CPRA by the supervised lawyer in... - [Responsibility over a subordinate lawyer, paralegal, or employee, C3S10 CPRA](https://legalresource.ph/responsibility-over-a-subordinate-lawyer-paralegal-or-employee-c3s10-cpra/): Section 10, Canon III SECTION 10. Responsibility over a subordinate lawyer, paralegal, or employee. – A lawyer or law firm shall be responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee under the lawyer’s direct supervision and control, who is acting within the scope of the assigned tasks,... - [Duty to all client to rectify fraudulent act, C3S9 CPRA](https://legalresource.ph/duty-to-all-client-to-rectify-fraudulent-act-c3s9-cpra/): Section 9, Canon III SECTION 9. Duty to call client to rectify fraudulent act. -A lawyer who receives information that a client has, in the course of the representation, perpetrated a fraud in relation to any matter subject of the representation before a court, tribunal, or other government agency, or against any officer thereof, shall... - [Lawyer’s duty to encourage settlement, C3S8 CPRA](https://legalresource.ph/lawyers-duty-to-encourage-settlement-c3s8-cpra/): Section 8, Canon III SECTION 8. Lawyer’s duty to encourage settlement. – A lawyer shall encourage the client to avoid, end or settle a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be compromised under the law and will admit of a fair settlement. To... - [Prohibition against frivolous suits and abuse of court processes, C3S7 CPRA](https://legalresource.ph/prohibition-against-frivolous-suits-and-abuse-of-court-processes-c3s7-cpra/): Section 7, Canon III SECTION 7. Prohibition against frivolous suits and abuse of court processes. –  A lawyer shall not: (a) file or encourage the filing of any suit or proceeding not authorized by law or jurisprudence and without any evidentiary support; (b) unduly impede the execution of an order or judgment which is warranted;... - [Fiduciary duty of a lawyer, C3S6 CPRA](https://legalresource.ph/fiduciary-duty-of-a-lawyer-c3s6-cpra/): Section 6, Canon III SECTION 6. Fiduciary duty of a lawyer. – A lawyer shall be mindful of the trust and confidence reposed by the client. To this end, a lawyer shall not abuse or exploit the relationship with a client. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Fiduciary duty of a... - [Authority of lawyer to appear, C3S5 CPRA](https://legalresource.ph/authority-of-lawyer-to-appear-c3s5-cpra/): Section 5, Canon III SECTION 5. Authority of lawyer to appear. – A lawyer is presumed to be properly authorized to represent any cause in which he or she appears, and no written power of attorney is required to authorize him or her to appear in court for the client. The court, tribunal, or other... - [Authority of lawyer to bind client, C3S4 CPRA](https://legalresource.ph/authority-of-lawyer-to-bind-client-c3s4-cpra/): Section 4, Canon III SECTION 4. Authority of lawyer to bind client. – A lawyer can bind a client in a legal engagement only when so authorized through a written agreement. The lawyer, however, cannot compromise a client’s litigation, or receive anything in discharge of a client’s claim, without a special power of attorney for... - [Lawyer-client relationship, C3S3 CPRA](https://legalresource.ph/lawyer-client-relationship-c3s3-cpra/): Section 3, Canon III SECTION 3. Lawyer-client relationship. – A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith... - [The responsible and accountable lawyer, C3S2 CPRA](https://legalresource.ph/the-responsible-and-accountable-lawyer-c3s2-cpra/): Section 2, Canon III SECTION 2. The responsible and accountable lawyer. – A lawyer shall uphold the constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor and integrity of the legal profession. As an officer of the court, a lawyer... - [Practice of law, C3S1 CPRA](https://legalresource.ph/practice-of-law-c3s1-cpra/): Section 1, Canon III SECTION 1. Practice of law. – The practice of law is the rendition of legal service or performance of acts or the application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives of a person or a cause, and pursuant to a... - [Online posts that could violate conflict of interest, C2S44 CPRA](https://legalresource.ph/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... - [Legal information; legal advice, C2S43 CPRA](https://legalresource.ph/legal-information-legal-advice-c2s43-cpra/): Section 43, Canon II SECTION 43. Legal information; legal advice. – Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media. A lawyer... - [Prohibition against influence through social media, C2S42 CPRA](https://legalresource.ph/prohibition-against-influence-through-social-media-c2s42-cpra/): Section 42, Canon II SECTION 42. Prohibition against influence through social media. – A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prohibition... - [Duty to safeguard client confidences in social media, C2S41 CPRA](https://legalresource.ph/duty-to-safeguard-client-confidences-in-social-media-c2s41-cpra/): Section 41, Canon II SECTION 41. Duty to safeguard client confidences in social media. – A  lawyer, who uses. a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an... - [Non-disclosure of privileged information through online posts, C2S40 CPRA](https://legalresource.ph/non-disclosure-of-privileged-information-through-online-posts-c2s40-cpra/): Section 40, Canon II SECTION 40. Non-disclosure of privileged information through online posts. – A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA. (2023 Code of... - [Prohibition against fraudulent accounts, C2S39 CPRA](https://legalresource.ph/prohibition-against-fraudulent-accounts-c2s39-cpra/): Section 39, Canon II SECTION 39. Prohibition against fraudulent accounts. -A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prohibition against fraudulent accounts... - [Non-posting of false or unverified statements, disinformation, C2S38 CPRA](https://legalresource.ph/non-posting-of-false-or-unverified-statements-disinformation-c2s38-cpra/): Section 38, Canon II SECTION 38. Non-posting of false or unverified statements, disinformation. – A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-posting of false or unverified statements,... - [Online posts, C2S37 CPRA](https://legalresource.ph/online-posts-c2s37-cpra/): Section 37, Canon II SECTION 37. Online posts. – A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law. (2023 Code... - [Responsible use, C2S36 CPRA](https://legalresource.ph/responsible-use-c2s36-cpra/): Section 36, Canon II SECTION 36. Responsible use. – A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Responsible use of social media Under this section, lawyers “have the duty to understand the... - [Non-delegable legal tasks, C2S35 CPRA](https://legalresource.ph/non-delegable-legal-tasks-c2s35-cpra/): Section 35, Canon II SECTION 35. Non-delegable legal tasks. – A lawyer shall not delegate to or permit a non-lawyer, including a paralegal, to: (a) accept cases on behalf of the lawyer; (b) give legal advice or opinion; (c) act independently without the lawyer’s supervision or direction; (d) to hold himself or herself out as... - [Paralegal services; lawyer’s responsibility, C2S34 CPRA](https://legalresource.ph/paralegal-services-lawyers-responsibility-c2s34-cpra/): Section 34, Canon II SECTION 34. Paralegal services; lawyer’s responsibility.-.A paralegal is one who performs tasks that require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, governmental agency, or other entity for non-diagnostic and non­ advisory work in relation to legal matters delegated by such lawyer, law office, corporation, governmental... - [Conflict of interest for lawyers in the academe, C2S33 CPRA](https://legalresource.ph/conflict-of-interest-for-lawyers-in-the-academe-c2s33-cpra/): Section 33, Canon II SECTION 33. Conflict of interest for lawyers in the academe. A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall disclose to the institution any adverse interest of a client.  Upon discovery of any adverse interest of the lawyer’s client which directly affects any student... - [Lawyers in the academe, C2S32 CPRA](https://legalresource.ph/lawyers-in-the-academe-c2s32-cpra/): Section 32, Canon II SECTION 32. Lawyers in the academe. –  A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall at all times adhere to the standards of behavior required of members of the legal profession under the CPRA, observing propriety, respectability, and decorum inside and outside the... - [Prosecution of criminal cases, C2S31 CPRA](https://legalresource.ph/prosecution-of-criminal-cases-c2s31-cpra/): Section 31, Canon II SECTION 31. Prosecution of criminal cases. – The primary duty of a public prosecutor is not to convict but to see that justice is done. Suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false testimony is cause for disciplinary action. The obligations of a public... - [No financial interest in transactions, no gifts, C2S30 CPRA](https://legalresource.ph/no-financial-interest-in-transactions-no-gifts-c2s30-cpra/): Section 30, Canon II SECTION 30. No financial interest in transactions; no gifts. – A lawyer in government shall not, directly or indirectly, promote or advance his or her private or financial interest or that of another, in any transaction requiring the approval of his or her office. Neither shall such lawyer solicit gifts or... - [Lawyers formerly in government service, C2S29 CPRA](https://legalresource.ph/lawyers-formerly-in-government-service-c2s29-cpra/): Section 29, Canon II SECTION 29. Lawyers formerly in government service. – A lawyer who has left government service shall not engage in private practice pertaining to any matter before the office where he or she used to be connected within a period of one (1) year from his or her separation from such office.... - [Dignified government service, C2S28 CPRA](https://legalresource.ph/dignified-government-service-c2s28-cpra/): Section 28, Canon II SECTION 28. Dignified government service. – Lawyers in government service shall observe the standard of conduct under the CPRA, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other related laws and issuances in the performance of their duties. Any violation of the CPRA by lawyers in... - [Partner who assumes public office, C2S27 CPRA](https://legalresource.ph/partner-who-assumes-public-office-c2s27-cpra/): Section 27, Canon II SECTION 27. Partner who assumes public office. – When a partner assumes public office, such partner shall withdraw from the firm and such partner’s name shall be removed from the firm name, unless allowed by law to practice concurrently. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Partner who... - [Definition of a law firm; choice of firm name, C2S26 CPRA](https://legalresource.ph/definition-of-a-law-firm-choice-of-firm-name-c2s26-cpra/): Section 26, Canon II SECTION 26. Definition of a law firm; choice of firm name. A law firm is any private office, partnership, or association, exclusively comprised of a lawyer or lawyers engaged to practice law, and who hold themselves out as such to the public. In the choice of a firm name, no false,... - [Responsibility of a solo practitioner, C2S25 CPRA](https://legalresource.ph/responsibility-of-a-solo-practitioner-c2s25-cpra/): Section 25, Canon II SECTION 25. Responsibility of a solo practitioner. – A lawyer in solo practice shall ensure that all matters requiring such lawyer’s professional skill and judgment are promptly and competently addressed. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Responsibility of a solo practitioner Lawyers in solo practice are required... - [Encroaching or interfering in another lawyer’s engagement, exception, C2S24 CPRA](https://legalresource.ph/encroaching-or-interfering-in-another-lawyers-engagement-exception-c2s24-cpra/): Section 24, Canon II SECTION 24. Encroaching or interfering in another lawyer’s engagement; exception. – A lawyer shall not, directly or indirectly, encroach upon or interfere in the professional engagement of another lawyer. This includes a lawyer’s attempt to communicate, negotiate, or deal with the person represented by another lawyer on any matter, whether pending... - [Instituting multiple cases; forum shopping, C2S23 CPRA](https://legalresource.ph/instituting-multiple-cases-forum-shopping-c2s23-cpra/): Section 23, Canon II SECTION 23. Instituting multiple cases; forum shopping. – A lawyer shall not knowingly engage or through gross negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon the court, tribunal, or other government agency. A lawyer shall not institute or advise the client to... - [No undue advantage of ignorance of the law, C2S22 CPRA](https://legalresource.ph/no-undue-advantage-of-ignorance-of-the-law-c2s22-cpra/): Section 22, Canon II SECTION 22. No undue advantage of ignorance of the law. – A lawyer shall not take advantage of a non-lawyer’s lack of education or knowledge of the law. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. No undue advantage of ignorance of the law Lawyers are prohibited from taking... - [Prohibition against gift-giving and donations, C2S21 CPRA](https://legalresource.ph/prohibition-against-gift-giving-and-donations-c2s21-cpra/): Section 21, Canon II SECTION 21. Prohibition against gift-giving and donations. – A lawyer shall not, directly or indirectly, give gifts, donations, contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any of its officers and personnel. (2023 Code of Professional Responsibility and Accountability or CPRA) 1.... - [Disclosure of relationship or connection, C2S20 CPRA](https://legalresource.ph/disclosure-of-relationship-or-connection-c2s20-cpra/): Section 20, Canon II SECTION 20. Disclosure of relationship or connection. – A lawyer shall, at the first available opportunity, formally disclose on record the lawyer’s relationship or connection with the presiding officer of any court, tribunal, or other government agency, or any of its personnel, or the lawyer’s partners, associates, or clients, that may... - [Sub-judice rule, C2S19 CPRA](https://legalresource.ph/sub-judice-rule-c2s19-cpra/): Section 19, Canon II SECTION 19. Sub-judice rule. – A lawyer shall not use any forum or medium to comment or publicize opinion pertaining to a pending proceeding before any court, tribunal, or other government agency that may: (a) cause a pre-judgment, or (b) sway public perception so as to impede, obstruct, or influence the... - [Prohibition against self-promotion, C2S18 CPRA](https://legalresource.ph/prohibition-against-self-promotion-c2s18-cpra/): Section 18, Canon II SECTION 18. Prohibition against self-promotion. – A lawyer shall not make public appearances and statements in relation to a terminated case or legal matter for the purpose of self-promotion, self­ aggrandizement, or to seek public sympathy. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prohibition against self-promotion Lawyers are... - [Non-solicitation and impermissible advertisement, C2S17 CPRA](https://legalresource.ph/non-solicitation-and-impermissible-advertisement-c2s17-cpra/): Section 17, Canon II SECTION 17. Non-solicitation and impermissible advertisement. – A lawyer shall not, directly or indirectly, solicit, or appear to solicit, legal business. A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of dignified, verifiable, and factual information, including biographical data, contact details,... - [Duty to report life-threatening situations, C2S16 CPRA](https://legalresource.ph/duty-to-report-life-threatening-situations-c2s16-cpra/): Section 16, Canon II SECTION 16. Duty to report life-threatening situations. – A lawyer who has reasonable grounds to believe that a life-threatening situation is likely to develop in relation to any proceeding in any court, tribunal, or other government agency shall immediately report the same to the proper authorities. (2023 Code of Professional Responsibility... - [Improper claim of influence or familiarity, C2S15 CPRA](https://legalresource.ph/improper-claim-of-influence-or-familiarity-c2s15-cpra/): Section 15, Canon II SECTION 15. Improper claim of influence or familiarity. – A lawyer shall observe propriety in all dealings with officers and personnel of any court, tribunal, or other government agency, whether personal or professional. Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor... - [Remedy for grievances, insinuations of improper motive, C2S14 CPRA](https://legalresource.ph/remedy-for-grievances-insinuations-of-improper-motive-c2s14-cpra/): CANON II – PROPRIETY SECTION 14. Remedy for grievances; insinuation of improper motive. – A lawyer shall submit grievances against any officer of a court, tribunal, or other government agency only through the appropriate remedy and before the proper authorities. Statements insinuating improper motive on the part of any such officer, which are not supported... - [Imputation of a misconduct, impropriety, or crime without basis, C2S13 CPRA](https://legalresource.ph/imputation-of-a-misconduct-impropriety-or-crime-without-basis-c2s13-cpra/): Section 13, Canon II SECTION 13. Imputation of a misconduct, impropriety, or crime without basis. – A lawyer shall not, directly or indirectly, impute to or accuse another lawyer of a misconduct, impropriety, or a crime in the absence of factual or legal basis. Neither shall a lawyer, directly or indirectly, file or cause to... - [Duty to report dishonest, deceitful, or misleading conduct, C2S12 CPRA](https://legalresource.ph/duty-to-report-dishonest-deceitful-or-misleading-conduct-c2s12-cpra/): Section 12, Canon II SECTION 12. Duty to report dishonest, deceitful, or misleading conduct. – A lawyer shall immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency. A lawyer shall also... - [False representations or statements, duty to correct, C2S11 CPRA](https://legalresource.ph/false-representations-or-statements-duty-to-correct-c2s11-cpra/): Section 11, Canon II SECTION 11. False representations or statements; duty to correct. – A lawyer shall not make false representations or statements. A lawyer shall be liable for any material damage caused by such false representations or statements. A lawyer shall not, in demand letters or other similar correspondence, make false representations or statements,... - [Conduct in the presentation of a witness, C2S10 CPRA](https://legalresource.ph/conduct-in-the-presentation-of-a-witness-c2s10-cpra/): Section 10, Canon II SECTION 10. Conduct in the presentation of a witness. – A lawyer shall avoid all forms of impropriety when presenting or confronting a witness. A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of the court, tribunal, or other government agency, or talk to a... - [Obstructing access to evidence or altering, destroying, or concealing evidence, C2S9 CPRA](https://legalresource.ph/obstructing-access-to-evidence-or-altering-destroying-or-concealing-evidence-c2s9-cpra/): Section 9, Canon II SECTION 9. Obstructing access to evidence or altering, destroying, or concealing evidence. – A lawyer shall not obstruct another lawyer’s access to evidence during trial, including testimonial evidence, or alter, destroy, or conceal evidence. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Obstructing access to evidence or altering, destroying,... - [Prohibition against misleading the court, tribunal, or other government agency, C2S8 CPRA](https://legalresource.ph/prohibition-against-misleading-the-court-tribunal-or-other-government-agency-c2s8-cpra/): Section 8, Canon II SECTION 8. Prohibition against misleading the court, tribunal, or other government agency. -A lawyer shall not misquote, misrepresent, or mislead the court as to the existence or the contents of any document, argument, evidence, law, or other legal authority, or pass off as one’s own the ideas or words of another,... - [Formal decorum and appearance, C2S7 CPRA](https://legalresource.ph/formal-decorum-and-appearance-c2s7-cpra/): Section 7, Canon II SECTION 7. Formal decorum and appearance. – A lawyer shall observe formal decorum before all courts, tribunals, and other government agencies. A lawyer’s attire shall be consistent with the dignity of the court, tribunal, or other government agency, with due respect to the person’s sexual orientation, gender identity, and gender expression.... - [Harassing or threatening conduct, C2S6 CPRA](https://legalresource.ph/harassing-or-threatening-conduct-c2s6-cpra/): Section 6, Canon II SECTION 6. Harassing or threatening conduct. – A lawyer shall not harass or threaten a fellow lawyer, the latter’s client or principal, a witness, or any official or employee of a court, tribunal, or other government agency. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Harassing or threatening conduct... - [Observance of fairness and obedience, C2S5 CPRA](https://legalresource.ph/observance-of-fairness-and-obedience-c2s5-cpra/): Section 5, Canon II SECTION 5. Observance of fairness and obedience. – A lawyer shall, in every personal and professional engagement, insist on the observance of the principles of fairness and obedience to the law. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Observance of fairness and obedience a. Insist on the observance... - [Use of dignified, gender-fair, and child- and culturally-sensitive language, C2S4 CPRA](https://legalresource.ph/use-of-dignified-gender-fair-and-child-and-culturally-sensitive-language-c2s4-cpra/): Section 4, Canon II SECTION 4. Use of dignified, gender-fair, and child- and culturally-sensitive language. – A lawyer shall use only dignified, gender-fair, child- and culturally-sensitive language in all personal and professional dealings. To this end, a lawyer shall not use language which is abusive, intemperate, offensive or otherwise improper, oral or written, and whether... - [Safe environment, avoid all forms of abuse or harassment, C2S3 CPRA](https://legalresource.ph/safe-environment-avoid-all-forms-of-abuse-or-harassment-c2s3-cpra/): Section 3, Canon II SECTION 3. Safe environment; avoid all forms of abuse or harassment. – A lawyer shall not create or promote an unsafe or hostile environment, both in private and public settings, whether online, in workplaces, educational or training institutions, or in recreational areas. To this end, a lawyer shall not commit any... - [Diginified conduct, C2S2 CPRA](https://legalresource.ph/diginified-conduct-c2s2-cpra/): Section 2, Canon II SECTION 2. Dignified conduct. – A lawyer shall respect the law, the courts, tribunals, and other government agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards fellow members of the bar. A lawyer shall not engage in conduct that adversely reflects on one’s fitness to... - [Proper conduct, C2S1 CPRA](https://legalresource.ph/proper-conduct-c2s1-cpra/): Section 1, Canon II SECTION 1. Proper conduct. – A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Proper conduct a. No to unlawful, dishonest, immoral, or deceitful conduct 1) Unlawful By definition, any act or omission contrary to law is unlawful.... - [Lawyer’s duty & discretion in procedure, C1S5 CPRA](https://legalresource.ph/lawyers-duty-discretion-in-procedure-c1s5-cpra/): Section 5, Canon I SECTION 5. Lawyer’s duty and discretion in procedure. -A lawyer shall not allow the client to dictate or determine the procedure in handling the case. Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case after explaining its consequences to the client. (2023 Code of Professional Responsibility... - [Non-interference by a lawyer, C1S4 CPRA](https://legalresource.ph/non-interference-by-a-lawyer-c1s4-cpra/): Section 4, Canon I SECTION 4. Non-interference by a lawyer. – Unless authorized by law or a court, a lawyer shall not assist or cause a branch, agency, office or officer of the government to interfere in any matter before any court, tribunal, or other government agency. (2023 Code of Professional Responsibility and Accountability or... - [Freedom from improper consideration & external influences, C1S3 CPRA](https://legalresource.ph/freedom-from-improper-consideration-external-influences-c1s3-cpra/): Section 3, Canon I SECTION 3. Freedom from improper considerations and external influences. – A lawyer shall not, in advocating a client’s cause, be influenced by dishonest or immoral considerations, external influences, or pressure. (2023 Code of Professional Responsibility and Accountability or CPRA) Consideration – means “the inducement to a contract or other legal transaction.”... - [Merit-based practice, C1S2 CPRA](https://legalresource.ph/merit-based-practice-c1s2-cpra/): Section 2, Canon I SECTION 2. Merit-based practice. – A lawyer shall rely solely on the merits of a cause and not exert, or give the appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency, or its proceedings. (2023 Code of Professional Responsibility and Accountability or CPRA)... - [Independent, accessible, efficient, & effective legal practice, C1S1 CPRA](https://legalresource.ph/independent-accessible-efficient-effective-legal-practice-c1s1-cpra/): Section 1, Canon I SECTION 1. Independent, accessible, efficient, and effective legal service. – A lawyer shall make legal services accessible in an efficient and effective manner. In performing this duty, a lawyer shall maintain independence, act with integrity, and at all times ensure the efficient and effective delivery of justice. (2023 Code of Professional... - [Exploitation of child labor, A273 Revised Penal Code](https://legalresource.ph/exploitation-of-child-labor-a273-revised-penal-code/): 1. Concept Exploitation of child labor – under the Revised Penal Code, refers to the crime of retaining a minor for service against the minor’s will under the pretext of reimbursing the offender of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor a. Legal basis Article 273.... - [Abandonment of minor by person entrusted with his custody, A277 Revised Penal Code](https://legalresource.ph/abandonment-of-minor-by-person-entrusted-with-his-custody-a277-revised-penal-code/): 1. Concept Abandonment of minor by person entrusted with his custody – refers to the crime committed by those who have been given the charge over the rearing or education of a minor and they deliver said minor to a public institution or other persons without the consent of the one who entrusted such child... - [Discovering secrets through seizure of correspondence, A290 Revised Penal Code](https://legalresource.ph/discovering-secrets-through-seizure-of-correspondence-a290-revised-penal-code/): 1. Concept Discovering secrets through seizure of correspondence – refers to the crime of seizing communications to discover another secrets and thereafter revealing the contents. a. Legal basis Art. 290. Discovering secrets through seizure of correspondence. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred... - [Anti-Piracy and Anti-Highway Robbery Law of 1974, PD 532: Explainer](https://legalresource.ph/anti-piracy-and-anti-highway-robbery-law-of-1974-p-d-532-explainer/): 1. Concept and legal basis a. Legal basis Presidential Decree No. 532 is known as the Anti-Piracy and Anti-Highway Robbery Law of 1974 (P.D. 532). 2. Crimes Under P.D. 532, the following are the crimes: 1) Piracy; and 2) Highway robbery / Brigandage. NB: Aiding pirates or highway robbers/brigands, or abetting piracy or highway robbery/brigandage... - [Other deceits, A318 Revised Penal Code](https://legalresource.ph/other-deceits-a318-revised-penal-code/): 1. Concept Other deceits – refers to the crime of deceit other than those in the Articles 315 to 317 of the RPC. a. Legal basis Art. 318. Other deceits. – The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such... - [Swindling a minor, A317 Revised Penal Code](https://legalresource.ph/swindling-a-minor-a317-revised-penal-code/): 1. Concept Swindling a minor – under the Revised Penal Code, refers to the crime of committing fraud against a minor under the Revised Penal Code. a. Legal basis Article 317. Swindling a minor. – Any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce... - [Other forms of swindling, A316 Revised Penal Code](https://legalresource.ph/other-forms-of-swindling-a316-revised-penal-code/): 1. Concept Other forms of swindling –under the Revised Penal Code, refers to specific forms of swindling under Article 316. a. Legal basis Article 316. Other forms of swindling. – The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and... - [Personal or movable property, A416-418 Civil Code](https://legalresource.ph/personal-or-movable-property-a416-418-civil-code/): 1. Concept Personal property or movable property – under the Civil Code, refers to property that is movable or all things that can be transferred from one place to another without damaging real property where such personal/movable property may be fixed. a. Legal basis Article 416. The following things are deemed to be personal property:... - [Swindling (estafa), A315 Revised Penal Code](https://legalresource.ph/swindling-estafa-a315-revised-penal-code/): 1. Concept Swindling or estafa – refers to the crime of fraud through certain means. a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prisión correccional in its maximum period to prisión mayor in its... - [Estafa with unfaithfulness or abuse of confidence, A315(1) Revised Penal Code](https://legalresource.ph/estafa-with-unfaithfulness-or-abuse-of-confidence-a3151-revised-penal-code/): 1. Concept Swindling or estafa – refers to the crime of fraud through certain means. a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prisión correccional in its maximum period to prisión mayor in its... - [Estafa by false pretenses etc., A315(2) Revised Penal Code](https://legalresource.ph/estafa-by-false-pretenses-etc-a3152-revised-penal-code/): 1. A315(2) estafa by false pretenses etc. Swindling or estafa – refers to the crime of fraud through certain means. a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 2. By means of any of the following false pretenses... - [Estafa by fraudulent means, A315(3) Revised Penal Code](https://legalresource.ph/estafa-by-fraudulent-means-a3153-revised-penal-code/): 1. Article 315(3), Estafa through fraudulent means a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 3. Through any of the following fraudulent means: (a) By inducing another, by means of deceit, to sign any document. (b) By resorting... - [Persons exempt from criminal liability, A332 Revised Penal Code](https://legalresource.ph/persons-exempt-from-criminal-liability-a332-revised-penal-code/): 1. Persons exempt from criminal liability Article 332. Persons exempt from criminal liability. – No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line;... - [Robbery, A293 Revised Penal Code](https://legalresource.ph/robbery-a293-revised-penal-code/): Robbery is an offense committed by any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. 1. Concept Robbery – is an offense committed by “any person who, with intent to... - [Libelous remarks, A362 Revised Penal Code](https://legalresource.ph/libelous-remarks-a362-revised-penal-code/): 1. Libelous remarks Article 362. Libelous remarks. – Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. (Revised Penal Code) a. If made with malice For libelous... - [Proof of truth, A361 Revised Penal Code](https://legalresource.ph/proof-of-truth-a361-revised-penal-code/): 1. Proof of truth as a defense Article 361. Proof of the truth. – In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends,... - [Persons responsible, A360 Revised Penal Code](https://legalresource.ph/persons-responsible-a360-revised-penal-code/): 1. Persons responsible Article 360. Persons responsible. – Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or... - [Felonies, A3 Revised Penal Code](https://legalresource.ph/felonies-a3-revised-penal-code/): 1. Concept Felonies – refer to acts or omissions that are punishable by law. a. Legal basis Article 3. Definitions. – Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed... - [Aggravating circumstances, A14 Revised Penal Code](https://legalresource.ph/aggravating-circumstances-a14-revised-penal-code/): 1. Concept Aggravating circumstances – refers to circumstances which increases the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with... - [Insult or disrespect, A14(3) Revised Penal Code](https://legalresource.ph/insult-or-disrespect-a143-revised-penal-code/): 1. Concept Insult or disrespect, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with insult or completely disrespected the offended party on account of his/her rank, age, or sex. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3.... - [Public position, A14(1) Revised Penal Code](https://legalresource.ph/public-position-a141-revised-penal-code/): 1. Concept Public position, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his being a public officer or employee in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken... - [Civil liability, A100-113 Revised Penal Code](https://legalresource.ph/civil-liability-a100-113-revised-penal-code/): 1. Person civilly liable for felonies a. Civil liability of a person guilty of felony Article 100. Civil liability of a person guilty of felony. – Every person criminally liable for a felony is also civilly liable. (Revised Penal Code) b. Rules regarding civil liability in certain cases Article 101. Rules regarding civil liability in... - [Extinction of criminal liabilities, A89-99 Revised Penal Code](https://legalresource.ph/extinction-of-criminal-liabilities-a89-99-revised-penal-code/): 1. Total Extinction of Criminal Liability a. How criminal liability is totally extinguished Article 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender... - [Execution and of service of penalties, A78-88 Revised Penal Code](https://legalresource.ph/execution-and-of-service-of-penalties-a78-88-revised-penal-code/): 1. General provisions a. When and how a penalty is to be executed Article 78. When and how a penalty is to be executed. – No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any... - [Common provisions re application of penalties, A73-77 Revised Penal Code](https://legalresource.ph/common-provisions-re-application-of-penalties-a73-77-revised-penal-code/): 1. Common provisions The following are common provisions for the following sections under Chapter 4 on Application of Penalties, Title III, Book I, Revised Penal Code: 1) Section One on Rules for the application of penalties to the persons criminally liable and for the graduation of the same (A46 to 61 RPC); and 2) Section... - [Application of penalties re mitigating and aggravating circumstances, habitual delinquency, A62-77 Revised Penal Code](https://legalresource.ph/application-of-penalties-re-mitigating-and-aggravating-circumstances-habitual-delinquency-a62-77-revised-penal-code/): Preliminary The provisions herein are subject to common provisions. See: Common provisions re application of penalties, A73-77 Revised Penal Code 1. Application of penalties re mitigating and aggravating circumstances, habitual delinquency Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with... - [Application of penalties and graduation, A46-66 Revised Penal Code](https://legalresource.ph/application-of-penalties-and-graduation-a46-66-revised-penal-code/): Preliminary The provisions herein are subject to common provisions. See: Common provisions re application of penalties, A73-77 Revised Penal Code 1. Offenders NB: There are exceptions to the application of rules A50 to A57 Article 60. Exception to the rules established in Articles 50 to 57. – The provisions contained in Articles 50 to 57,... - [Inherent accessory penalties, A40-45 Revised Penal Code](https://legalresource.ph/inherent-accessory-penalties-a40-45-revised-penal-code/): 1. Inherent accessory penalties The following are the provisions on penalties in which other accessory penalties are inherent. a. Death Article 40. Death; Its accessory penalties. – … NB: R.A. 9346 (2006) prohibited the imposition of the death penalty. b. Reclusion perpetua and reclusion temporal Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties.... - [Effects of penalties, A30-39 Revised Penal Code](https://legalresource.ph/effects-of-penalties-a30-39-revised-penal-code/): 1. Effects of penalties The following are the provisions for the effects of penalties. a. Perpetual or temporary absolute disqualification Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. – The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public... - [Computation of penalties, A28-29 Revised Penal Code](https://legalresource.ph/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.... - [Reclusion perpetua etc., A27 Revised Penal Code](https://legalresource.ph/reclusion-perpetua-etc-a27-revised-penal-code/): 1. Duration of Penalties The following are the duration of penalties. a. Reclusion perpetua Article 27. Reclusion perpetua. – Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by... - [Classification of penalties, A25-26 Revised Penal Code](https://legalresource.ph/classification-of-penalties-a25-26-revised-penal-code/): 1. Concept a. Legal basis Article 25. Penalties which may be imposed. – The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale ———- Principal Penalties ——————– Capital punishment: —————————————- Death. ——————– Afflictive penalties: —————————————- Reclusion perpetua, —————————————- Reclusion temporal, —————————————- Perpetual or temporary... - [Costs, C6S53 CPRA](https://legalresource.ph/costs-c6s53-cpra/): Section 53, Canon VI SECTION 53. Costs. -All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges for which the parties may be taxed as costs, subject to proof. (2023 Code of Professional Responsibility and Accountability or CPRA) References • Canon VI, 2023 Code of Professional Responsibility - [Prohibition against employment of disbarred or suspended lawyer, C6S52 CPRA](https://legalresource.ph/prohibition-against-employment-of-disbarred-or-suspended-lawyer-c6s52-cpra/): Section 52, Canon VI SECTION 52. Prohibition against employment of disbarred or suspended lawyer. – A lawyer who has been disbarred or suspended shall not be employed or engaged in the practice of law, including the performance of the following acts: (a) Providing legal consultation or advice; (b) Appearing on behalf of a client in... - [Decision on the petition for judicial clemency; quantum of evidence, C6S51 CPRA](https://legalresource.ph/decision-on-the-petition-for-judicial-clemency-quantum-of-evidence-c6s51-cpra/): Section 51, Canon VI SECTION 51. Decision on the petition for judicial clemency; quantum of evidence. – The Supreme Court shall decide the petition on the basis of clear and convincing evidence. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Decision on the petition for judicial clemency; quantum of evidence For petitions for... - [Investigation by the Office of the Bar Confidant or other fact-finding body, C6S50 CPRA](https://legalresource.ph/investigation-by-the-office-of-the-bar-confidant-or-other-fact-finding-body-c6s50-cpra/): Section 50, Canon VI SECTION 50. Investigation by the Office of the Bar Confidant or other fact-finding body. – The Office of the Bar Confidant or any other fact-finding body designated shall conduct and terminate the investigation and submit to the Supreme Court its report and recommendation within ninety (90) calendar days from receipt of... - [Action on the petition for judicial clemency; prima facie merit, C6S49 CPRA](https://legalresource.ph/action-on-the-petition-for-judicial-clemency-prima-facie-merit-c6s49-cpra/): Section 49, Canon VI SECTION 49. Action on the petition for judicial clemency; prima facie merit. – Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria. If the petition has prima facie merit, the Supreme Court shall refer... - [Petition for judicial clemency, C6S48 CPRA](https://legalresource.ph/petition-for-judicial-clemency-c6s48-cpra/): Section 48, Canon VI SECTION 48. Petition for judicial clemency. – The verified petition for judicial clemency shall allege the following: (a) that the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment; (b) that the disbarred lawyer has fully complied with the terms and... - [Reinstatement in the Roll of Attorneys, C6S47 CPRA](https://legalresource.ph/reinstatement-in-the-roll-of-attorneys-c6s47-cpra/): Section 47, Canon VI SECTION 47. Reinstatement in the Roll of Attorneys. – A lawyer who has been disbarred may file a verified petition for judicial clemency after five (5) years from the receipt of the order, decision, or resolution of disbarment. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Reinstatement in the... - [Resumption of practice of law, C6S46 CPRA](https://legalresource.ph/resumption-of-practice-of-law-c6s46-cpra/): Section 46, Canon VI SECTION 46. Resumption of practice of law. – The Sworn Statement shall be considered as proof of the suspended lawyer’s compliance with the order of suspension. Such lawyer shall be allowed to resume the practice of law upon the filing of the Sworn Statement before the Supreme Court. However, any false... - [Sworn statement after service of suspension, C6S45 CPRA](https://legalresource.ph/sworn-statement-after-service-of-suspension-c6s45-cpra/): Section 45, Canon VI SECTION 45. Sworn statement after service of suspension. – Upon the expiration of the period of suspension from the practice of law, the lawyer shall file a Sworn Statement with the Supreme Court, through the Office of the Bar Confidant, to show that the petitioner, during the period of suspension: (a)... - [Confidentiality, C6S44 CPRA](https://legalresource.ph/confidentiality-c6s44-cpra/): Section 44, Canon VI SECTION 44. Confidentiality. – Proceedings against lawyers shall be confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Confidentiality Confidentiality is observed during the proceedings against lawyers. Notwithstanding, the Supreme Court’s final... - [Immediately executory; furnished copies, C6S43 CPRA](https://legalresource.ph/immediately-executory-furnished-copies-c6s43-cpra/): Section 43, Canon VI SECTION 43. Immediately executory; furnished copies. – The decision or resolution pronouncing the respondent’s administrative liability is immediately executory. The copies of the decision or resolution shall be furnished to the Office of the Bar Confidant, the IBP National Office and local chapter to which the respondent belongs, and the Office... - [Penalty when the respondent has been previously disbarred, C6S42 CPRA](https://legalresource.ph/penalty-when-the-respondent-has-been-previously-disbarred-c6s42-cpra/): Section 42, Canon VI SECTION 42. Penalty when the respondent has been previously disbarred. – When the respondent has been previously disbarred and is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the money or property to the client, when proper. If the... - [Payment of fines and return of client’s money and property, C6S41 CPRA](https://legalresource.ph/payment-of-fines-and-return-of-clients-money-and-property-c6s41-cpra/): Section 41, Canon VI SECTION 41. Payment of fines and return of client’s money and property. –  When the penalty imposed is a fine or the respondent is ordered to return the client’s money or property, the respondent shall pay or return it within a period not exceeding three (3) months from receipt of the... - [Penalty for multiple offenses, C6S40 CPRA](https://legalresource.ph/penalty-for-multiple-offenses-c6s40-cpra/): Section 40, Canon VI SECTION 40. Penalty for multiple offenses. – If the respondent is found liable for more than one (1) offense arising from separate acts or omissions in a single administrative proceeding, the Court shall impose separate penalties for each offense. Should the aggregate of the imposed penalties exceed five (5) years of... - [Manner of imposition, C6S39 CPRA](https://legalresource.ph/manner-of-imposition-c6s39-cpra/): Section 39, Canon VI SECTION 39. Manner of imposition. – If one (1) or more aggravating circumstances and no mitigating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not exceeding double of the maximum prescribed under this Rule. The Supreme Court may, in its... - [Sanctions, C6S37 CPRA](https://legalresource.ph/sanctions-c6s37-cpra/): Section 37, Canon VI SECTION 37. Sanctions. – (a) If the respondent is found guilty of a serious offense, any of the following sanctions, or a combination thereof, shall be imposed: (1) Disbarment; (2) Suspension from the practice of law for a period exceeding six (6) months; (3) Revocation of notarial comm1ss10n and disqualification as... - [Modifying circumstances, C6S38 CPRA](https://legalresource.ph/modifying-circumstances-c6s38-cpra/): Section 38, Canon VI SECTION 38. Modifying circumstances. – In determining the appropriate penalty to be imposed, the Court may, in its discretion, appreciate the following mitigating and aggravating circumstances: (a) Mitigating circumstances: (1) First offense, except on charges of gross misconduct, bribery or corruption, grossly immoral conduct, misappropriating a client’s funds or properties, sexual... - [Assisting in the commission of an offense, C6S36 CPRA](https://legalresource.ph/assisting-in-the-commission-of-an-offense-c6s36-cpra/): Section 36, Canon VI SECTION 36. Assisting in the commission of an offense. – Any lawyer who shall knowingly assist another lawyer in the commission of any serious, less serious, or light offense punished by the CPRA may also be held liable. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Assisting in the... - [Light offenses, C6S35 CPRA](https://legalresource.ph/light-offenses-c6s35-cpra/): Section 35, Canon VI SECTION 35. Light offenses. – Light offenses include: (a) Violation of IBP rules and issuances governing membership in the IBP; (b) Use of vulgar or offensive language in personal dealings; (c) Fraternizing with the officials or employees of a court, tribunal, or other government agency where the respondent has a pending... - [Less serious offenses, C6S34 CPRA](https://legalresource.ph/less-serious-offenses-c6s34-cpra/): Section 34, Canon VI SECTION 34. Less serious offenses. – Less serious offenses include: (a) Simple misconduct, or such misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules; (b) Simple negligence in the performance of duty, or such negligence which does not result in depriving... - [Serious offenses, C6S33 CPRA](https://legalresource.ph/serious-offenses-c6s33-cpra/): Section 33, Canon VI SECTION 33. Serious offenses. –  Serious offenses include: (a) Gross misconduct, or any  inexcusable, shameful or flagrant unlawful conduct; (b) Serious dishonesty, fraud, or deceit, including falsification of documents and making untruthful statements; (c) Bribery or corruption; (d) Gross negligence in the performance of duty, or conduct that is reckless and... - [Quantum and burden of proof, C6S32 CPRA](https://legalresource.ph/quantum-and-burden-of-proof-c6s32-cpra/): Section 32, Canon VI SECTION 32. Quantum and burden of proof – In administrative disciplinary cases, the complainant has the burden of proof to establish with substantial evidence the allegations against the respondent. Substantial evidence is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (2023 Code... - [Preventive suspension, C6S31 CPRA](https://legalresource.ph/preventive-suspension-c6s31-cpra/): Section 31, Canon VI SECTION 31. Preventive suspension. – After receipt of respondent’s answer or lapse of the period therefor, the Supreme Court, on its own initiative, or upon the recommendation of the IBP Board of Governors, the Office of the Bar Confidant, or the fact-finding body referred to in Section 30, may suspend a... - [Proceedings initiated before the Supreme Court, C6S30 CPRA](https://legalresource.ph/proceedings-initiated-before-the-supreme-court-c6s30-cpra/): Section 30, Canon VI SECTION 30. Proceedings initiated before the Supreme Court. – In proceedings initiated by the Supreme Court, or proceedings commenced by complaint filed with the Supreme Court, the Supreme Court may refer the case for investigation, report and recommendation to the Office of the Bar Confidant, or the IBP, or other fact-finding... - [Substantial defects; motion to reopen, C6S29 CPRA](https://legalresource.ph/substantial-defects-motion-to-reopen-c6s29-cpra/): Section 29, Canon VI SECTION 29. Substantial defects; motion to reopen. – Any substantial defect in the complaint, notice, answer, or in the proceeding or the Investigating Commissioner’s Report which may result in the miscarriage of justice may be raised as an error before the Supreme Court, unless the defect results in the deprivation of... - [Filing and service, C6S28 CPRA](https://legalresource.ph/filing-and-service-c6s28-cpra/): Section 8, Canon VI SECTION 28. Filing and service. – The filing and the service of papers or notices required by this Canon shall be made with the Commission, or upon the parties personally, by registered mail, accredited courier, electronic mail or other electronic means, or as provided for in international conventions to which the... - [Depositions, C6S27 CPRA](https://legalresource.ph/depositions-c6s27-cpra/): Section 27, Canon VI SECTION 27. Depositions. – Depositions may be taken in accordance with the Rules of Civil Procedure, as amended, with leave of the Investigating Commissioner. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Depositions With leave from the Investigating Commissioners, deposition may be resorted to in accordance with the Rules... - [Submission of resolution by the Board of Governors, C6S26 CPRA](https://legalresource.ph/submission-of-resolution-by-the-board-of-governors-c6s26-cpra/): Section 26, Canon VI SECTION 26. Submission of resolution by the Board of Governors. – The IBP Board of Governors shall have a non-extendible period of ninety (90) calendar days from receipt of the Report and Recommendation of the Investigating Commissioner, within which to submit to the Supreme Court its Resolution adopting, modifying or disapproving... - [Issuance of report and recommendation by the Investigating Commissioner, C6S25 CPRA](https://legalresource.ph/issuance-of-report-and-recommendation-by-the-investigating-commissioner-c6s25-cpra/): Section 25, Canon VI SECTION 25. Issuance of report and recommendation by the Investigating Commissioner. – If there is no clarificatory hearing, the Investigating Commissioner shall render a report and recommendation and submit the same to the IBP Board of Governors within a non­ extendible period of sixty (60) calendar days from receipt of the... - [Non-appearance of parties, C6S24 CPRA](https://legalresource.ph/non-appearance-of-parties-c6s24-cpra/): Section 24, Canon VI SECTION 24. Non-appearance of parties. – Non-appearance at the clarificatory hearing shall be deemed a waiver of the right to participate therein. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-appearance of parties a. Waiver Those who fail or refuse to appear at the clarificatory hearing are deemed to... - [Minutes of proceedings, C6S23 CPRA](https://legalresource.ph/minutes-of-proceedings-c6s23-cpra/): Section 23, Canon VI SECTION 23. Minutes of proceedings. – The proceedings before the IBP shall be recorded. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Minutes of proceedings The IBP proceedings are required to be recorded. References • Canon VI, 2023 Code of Professional Responsibility - [Clarificatory hearing, C6S22 CPRA](https://legalresource.ph/clarificatory-hearing-c6s22-cpra/): Section 22, Canon VI SECTION 22. Clarificatory hearing. – Within ten (10) calendar days from receipt of the last position paper, the Investigating Commissioner shall determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses. If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen (15)... - [Preliminary conference order; position papers, C6S21 CPRA](https://legalresource.ph/preliminary-conference-order-position-papers-c6s21-cpra/): Section 21, Canon VI SECTION 21. Preliminary conference order; position papers. Within ten (10) calendar days from receipt of the preliminary conference       briefs, the Investigating Commissioner shall issue a Preliminary Conference Order, on the basis of such briefs submitted by the parties and counsels, summarizing the stipulated facts, issues and marked exhibits. The Investigating Commissioner... - [Submission of preliminary conference briefs, C6S20 CPRA](https://legalresource.ph/submission-of-preliminary-conference-briefs-c6s20-cpra/): Section 20, Canon VI SECTION 20. Submission of preliminary conference briefs. – Immediately upon receipt of the verified answer, the Investigating Commissioner shall send a notice to the parties and counsels to simultaneously file, within a non-extendible period of ten (10) calendar days from receipt of the notice, their respective preliminary conference briefs which shall... - [Indirect contempt, C6S19 CPRA](https://legalresource.ph/indirect-contempt-c6s19-cpra/): Section 19, Canon VI SECTION 19. Indirect contempt. – Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigating Commissioner shall be dealt with as indirect contempt of court. The Investigating Commissioner shall require the alleged contemnor to show cause within ten (10) calendar days from notice. Upon... - [Investigation, C6S18 CPRA](https://legalresource.ph/investigation-c6s18-cpra/): Section 18, Canon VI SECTION 18. Investigation. – Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the... - [Counsel de oficio, C6S17 CPRA](https://legalresource.ph/counsel-de-oficio-c6s17-cpra/): Section 17, Canon VI SECTION 17. Counsel de officio. – The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel de officio to assist the complainant or the respondent during the investigation in case of need for such assistance. (2023 Code of Professional Responsibility and Accountability or CPRA) 1.... - [Irrelevance of desistance, settlement, compromise, restitution, etc., C6S16 CPRA](https://legalresource.ph/irrelevance-of-desistance-settlement-compromise-restitution-etc-c6s16-cpra/): Section 16, Canon VI SECTION 16. Irrelevance. of desistance, settlement, compromise, restitution, withdrawal, or failure to prosecute. – No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same. (2023 Code of Professional Responsibility and Accountability or CPRA)... - [Dismissal after answer, C6S15 CPRA](https://legalresource.ph/dismissal-after-answer-c6s15-cpra/): Section 15, Canon VI SECTION 15. Dismissal after answer. – If the Investigating Commissioner finds that the complaint is not meritorious based on the verified answer, the Investigating Commissioner shall recommend to the Supreme Court the dismissal of the complaint.  Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings. (2023 Code... - [Verified answer, C6S14 CPRA](https://legalresource.ph/verified-answer-c6s14-cpra/): Section 14, Canon VI SECTION 14. Verified answer. – The answer shall be verified and filed within thirty (30) calendar days from receipt of the summons. The verified answer shall be accompanied by judicial affidavits of the witnesses and such other documents in support thereof. The respondent may, upon motion, for good cause, be given... - [Issuance of summons, C6S13 CPRA](https://legalresource.ph/issuance-of-summons-c6s13-cpra/): Section 13, Canon VI SECTION 13. Issuance of summons. – Within fifteen (15) calendar days from assignment by raffle, the Investigating Commissioner shall issue the required summons, attaching thereto a copy of the verified complaint and supporting documents, if any. The summons shall require the respondent to file a verified answer. (2023 Code of Professional... - [Effect of death of lawyer on administrative cases, C6S12 CPRA](https://legalresource.ph/effect-of-death-of-lawyer-on-administrative-cases-c6s12-cpra/): Section 12, Canon VI SECTION 12. Effect of death of lawyer on administrative disciplinary cases. – Disciplinary proceedings may not be instituted against a lawyer who has died. If such proceedings have been instituted notwithstanding the lawyer’s death, the administrative case against said lawyer shall be dismissed. The death of the lawyer during the pendency... - [Lack of prima facie showing of liability; outright dismissal, C4S11 CPRA](https://legalresource.ph/lack-of-prima-facie-showing-of-liability-outright-dismissal-c4s11-cpra/): Section 11, Canon VI SECTION 11. Lack of prima facie showing of liability; outright dismissal. – Within fifteen (15) calendar days from assignment by raffle, if the Investigating Commissioner finds no prima facie showing of liability, the Investigating Commissioner shall recommend the outright dismissal of the complaint to the Supreme Court. The Supreme Court may... - [Prohibited submissions, C6S10 CPRA](https://legalresource.ph/prohibited-submissions-c6s10-cpra/): Section 10, Canon VI SECTION 10. Prohibited submissions. – The following submissions are prohibited: (a) Motion to dismiss the complaint or petition, except on the ground of lack of jurisdiction, litis pendentia or res judicata; (b) Motion for a bill of particulars; (c) Motion to reopen or for new trial; (d) Petition for relief from... - [Submissions allowed; verification, C6S9 CPRA](https://legalresource.ph/submissions-allowed-verification-c6s9-cpra/): Section 9, Canon VI SECTION 9. Submissions allowed; verification. – The only submissions allowed are the complaint, answer, and position papers, all of which shall be verified. A Certificate of Non-Forum Shopping shall accompany the verified complaint. An unverified complaint shall be recommended for outright dismissal. An unverified answer or position paper shall not be... - [Duties of the Investigating Commissioner, C6S8 CPRA](https://legalresource.ph/duties-of-the-investigating-commissioner-c6s8-cpra/): Section 8, Canon VI SECTION 8. Duties of the Investigating Commissioner. -The Investigating Commissioner shall investigate a complaint against any member of the Integrated Bar, and thereafter submit a report embodying the recommended action to the IBP Board of Governors, within a total period not exceeding one hundred eighty (180) calendar days, from assignment by... - [Disqualification of Investigating Commissioner, C6S7 CPRA](https://legalresource.ph/disqualification-of-investigating-commissioner-c6s7-cpra/): Section 7, Canon VI SECTION 7. Disqualification of Investigating Commissioner. – An Investigating Commissioner shall, on his or her own initiative or upon motion, recuse from acting as such on the grounds of relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest,... - [Complaint against a government lawyer, C6S6 CPRA](https://legalresource.ph/complaint-against-a-government-lawyer-c6s6-cpra/): Section 6, Canon VI SECTION 6. Complaint against a government lawyer. – When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five (5) calendar days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon... - [Assignment by raffle of Investigating Commissioner, C6S5 CPRA](https://legalresource.ph/assignment-by-raffle-of-investigating-commissioner-c6s5-cpra/): Section 5, Canon VI SECTION 5. Assignment by raffle of Investigating Commissioner. – The IBP Board of Governors shall assign by raffle an Investigating Commissioner from among the lawyers approved by the Supreme Court in the list submitted by the IBP or, when special circumstances so warrant, a panel of three (3) Investigating Commissioners, to... - [Standard of service, C5S4 CPRA](https://legalresource.ph/standard-of-service-c5s4-cpra/): Section 4, Canon V SECTION 4. Standard of service. -A lawyer shall observe the same standard of service for all clients, regardless of remuneration, except for the higher standard required for representation of vulnerable persons. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Standard of service a. Same standard of service for all... - [Indigent person, C5S3 CPRA](https://legalresource.ph/indigent-person-c5s3-cpra/): Section 3, Canon V SECTION 3. Indigent person. – A lawyer shall not refuse the representation of an indigent person, except if: (a) the lawyer is not in a position to carry out the work effectively or competently due to a justifiable cause; (b) the lawyer will be placed in a conflict-of-interest situation; or (c)... - [Treatment of vulnerable persons, C5S2 CPRA](https://legalresource.ph/treatment-of-vulnerable-persons-c5s2-cpra/): Section 2, Canon V SECTION 2. Treatment of vulnerable persons. – In dealing with a client who belongs to a vulnerable sector, a lawyer shall be mindful and sensitive of, and consider the client’s special circumstances, as well as the applicable laws and rules. The lawyer shall observe a higher standard of service suited to... - [Non-discrimination, C5S1 CPRA](https://legalresource.ph/non-discrimination-c5s1-cpra/): Section 1, Canon V SECTION 1. Non-discrimination. – A lawyer shall not decline to represent a person solely on account of the latter’s nationality or ethnicity, sexual orientation or gender identity, religion, disability, age, marital status, social or economic status, political beliefs, or such lawyer’s or the public’s opinion regarding the guilt of said person,... - [Non-legal activities, C4S10, CPRA](https://legalresource.ph/non-legal-activities-c4s10-cpra/): Section 10, Canon IV SECTION 10. Non-legal activities. -A lawyer who is engaged in business or other non-legal profession shall likewise observe the ethical duties and responsibilities of a lawyer under the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-legal activities Under this section, and for those engaged in business and... - [Practice of law concurrent with another profession, C4S9 CPRA](https://legalresource.ph/practice-of-law-concurrent-with-another-profession-c4s9-cpra/): Section 9, Canon IV SECTION 9. Practice of law concurrent with another profession. – A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall expressly provide in the pertinent contract the nature of the services the lawyer is engaged to perform. The practice of another profession or occupation... - [Lifelong learning, C4S8 CPRA](https://legalresource.ph/lifelong-learning-c4s8-cpra/): Section 8, Canon IV SECTION 8. Lifelong learning. – A competent lawyer engages in lifelong learning through the continued development of professional skills. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Lifelong learning Under this section, competent lawyers are expected to engage “in lifelong learning through the continued development of professional skills.” [T]he... - [Extension of time to file, C4S7 CPRA](https://legalresource.ph/extension-of-time-to-file-c4s7-cpra/): Section 7, Canon IV SECTION 7. Extension of time to file. -A  lawyer shall avoid asking for an extension of time to file any pleading, motion, or other court submission, except when allowed by the Rules of Court or for good cause. When an extension is obtained, the lawyer shall not let the period lapse... - [Duty to update the client, C4S6 CPRA](https://legalresource.ph/duty-to-update-the-client-c4s6-cpra/): Section 6, Canon IV SECTION 6. Duty to update the client. – A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action in connection thereto, and shall respond within a reasonable time to the client’s request for information. (2023 Code of Professional Responsibility and Accountability... - [Prompt and objective assessment of the merits, C4S5 CPRA](https://legalresource.ph/prompt-and-objective-assessment-of-the-merits-c4s5-cpra/): Section 5, Canon IV SECTION 5. Prompt and objective assessment of the merits. – A lawyer shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable results of the client’s case. A lawyer shall explain the viable options to the client to enable an informed decision regarding the matter. (2023 Code... - [Diligence in all undertakings, C4S4 CPRA](https://legalresource.ph/diligence-in-all-undertakings-c4s4-cpra/): Section 4, Canon IV SECTION 4. Diligence in all undertakings. – A lawyer shall observe diligence in all professional undertakings, and shall not cause or occasion delay in any legal matter before any court, tribunal, or other agency. A lawyer shall appear for trial adequately familiar with the law, the facts of the case, and... - [Diligence and punctuality, C4S3 CPRA](https://legalresource.ph/diligence-and-punctuality-c4s3-cpra/): Section 3, Canon IV SECTION 3. Diligence and punctuality. – A lawyer shall diligently and seasonably act on any legal matter entrusted by a client. A lawyer shall be punctual in all appearances, submissions of pleadings and documents before any court, tribunal or other government agency, and all matters professionally referred by the client, including... - [Undertaking legal services; collaborating counsel, C4S2 CPRA](https://legalresource.ph/undertaking-legal-services-collaborating-counsel-c4s2-cpra/): Section 2, Canon IV SECTION 2. Undertaking legal services; collaborating counsel. – A lawyer shall only undertake legal services he or she can deliver. With the prior written consent of the client, a lawyer may secure the services of a collaborating counsel. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Undertaking legal services;... - [Competent, efficient, and conscientious service, C4S1 CPRA](https://legalresource.ph/competent-efficient-and-conscientious-service-c4s1-cpra/): Section 1, Canon IV SECTION 1. Competent, efficient and conscientious service. – A lawyer shall provide legal service that is competent, efficient, and conscientious. A lawyer shall be thorough in research, preparation, and application of the legal knowledge and skills necessary for an engagement. (2023 Code of Professional Responsibility and Accountability or CPRA) Under this... - [Accounting and turn over upon termination of engagement, C3S56 CPRA](https://legalresource.ph/accounting-and-turn-over-upon-termination-of-engagement-c3s56-cpra/): Section 56, Canon III SECTION 56. Accounting and turn over upon termination of engagement. – A lawyer who is discharged from or terminates the engagement shall, subject to an attorney’s lien, immediately render a full account of and tum over all documents, evidence, funds, and properties belonging to the client. The lawyer shall cooperate with... - [Termination of engagement upon death, C3S55 CPRA](https://legalresource.ph/termination-of-engagement-upon-death-c3s55-cpra/): Section 55, Canon III SECTION 55. Termination of engagement upon death. – The death of the lawyer or client shall terminate the lawyer-client relationship. The death of such lawyer shall not extinguish the lawyer­ client engagement between the law firm and the client handled by such law firm. (2023 Code of Professional Responsibility and Accountability... - [Termination of engagement by the client, C3S54 CPRA](https://legalresource.ph/termination-of-engagement-by-the-client-c3s54-cpra/): Section 54, Canon III SECTION 54. Termination of engagement by the client. – The lawyer-client engagement may be terminated by the client at any time upon loss of trust and confidence. The termination of the engagement shall not relieve the client from full payment of all professional fees due to the lawyer. If the engagement... - [Termination of engagement by the lawyer, C3S53 CPRA](https://legalresource.ph/termination-of-engagement-by-the-lawyer-c3s53-cpra/): Section 53, Canon III SECTION 53. Termination of engagement by the lawyer. – A lawyer shall terminate the lawyer-client engagement only for good cause and upon written notice, in any of the following cases: (a) When the client pursues an illegal or immoral course of conduct in connection with the engagement; (b) When the client... - [Prohibition on lending and borrowing; exceptions, C3S52 CPRA](https://legalresource.ph/prohibition-on-lending-and-borrowing-exceptions-c3s52-cpra/): Section 52, Canon III SECTION 52. Prohibition on lending and borrowing; exceptions. – During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not... - [Prohibition against acquiring interest in object of litigation or transaction, C3S51 CPRA](https://legalresource.ph/prohibition-against-acquiring-interest-in-object-of-litigation-or-transaction-c3s51-cpra/): Section 51, Canon III SECTION 51. Prohibition against acquiring interest in object of litigation or transaction. – A lawyer shall not acquire, directly or indirectly, a proprietary interest in the property or rights which is the object of any litigation or transaction in which the lawyer may take part by virtue of the profession. (2023... - [Separate funds, C3S50 CPRA](https://legalresource.ph/separate-funds-c3s50-cpra/): Section 50, Canon III SECTION 50. Separate funds. – A lawyer shall keep the funds of the clients separate and apart from his or her own and those of others kept by the lawyer. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Separate funds. Lawyers are required to “keep the funds of the... - [Accounting during engagement, C3S49 CPRA](https://legalresource.ph/accounting-during-engagement-c3s49-cpra/): Section 49, Canon III SECTION 49. Accounting during engagement. – A lawyer, during the existence of the lawyer-client relationship, shall account for and prepare an inventory of any fund or property belonging to the client, whether received from the latter or from a third person, immediately upon such receipt. When funds are entrusted to a... - [Compensation for counsel de oficio, C3S48 CPRA](https://legalresource.ph/compensation-for-counsel-de-oficio-c3s48-cpra/): Section 48, Canon III SECTION 48. Compensation for counsel de officio. – Subject to availability of funds as may be provided by law, the court may, in its discretion, order a lawyer engaged as counsel de officio to be compensated in such sum as the court may fix following Canon III, Section 41, provided that... - [Enforcement of attorney’s lien, C3S47 CPRA](https://legalresource.ph/enforcement-of-attorneys-lien-c3s47-cpra/): Section 47, Canon III SECTION 47. Enforcement of attorney’s lien. – In case of non-payment of attorney’s fees, a lawyer may resort to the enforcement of the attorney’s lien under Canon III, Section 54, by filing a Notice of Enforcement of Attorney’s Lien with the court, tribunal, or other government agency of origin where the... - [Controversy over legal fees, C3S46 CPRA](https://legalresource.ph/controversy-over-legal-fees-c3s46-cpra/): Section 46, Canon III SECTION 46. Controversy over legal fees. – A lawyer shall avoid any controversy with a client concerning fees for legal services and shall resort to judicial action solely to prevent imposition, injustice or fraud. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Controversy over legal fees Under this section,... - [Prompt payment of legal fees, C3S45 CPRA](https://legalresource.ph/prompt-payment-of-legal-fees-c3s45-cpra/): Section 45, Canon III SECTION 45. Prompt payment of legal fees. – A lawyer is entitled to prompt payment from the client of attorney’s fees. Absent an express agreement as to professional fees, a lawyer is entitled to be paid reasonable attorney’s fees in accordance with Canon III, Section 41. (2023 Code of Professional Responsibility... - [Payment of compensation by third party, C3S44 CPRA](https://legalresource.ph/payment-of-compensation-by-third-party-c3s44-cpra/): Section 44, Canon III SECTION 44. Payment of compensation by third party. – A lawyer shall not receive any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation from anyone other than the client, except upon the written informed consent of such client. Receipt of compensation from someone other than the client... - [Non-sharing of fees with non-lawyer, C3S43 CPRA](https://legalresource.ph/non-sharing-of-fees-with-non-lawyer-c3s43-cpra/): Section 43, Canon III SECTION 43. Non-Sharing of fees with non-lawyers. – A lawyer shall not share, split, or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or organizations not licensed or authorized to practice law. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-Sharing of... - [Division of fees upon referral, C3S42 CPRA](https://legalresource.ph/division-of-fees-upon-referral-c3s42-cpra/): Section 42, Canon III SECTION 42. Division of fees upon referral. – A lawyer shall, in case of referral of legal services in favor of another lawyer with the written informed consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. Where a lawyer undertakes... - [Fair and reasonable fees, C3S41 CPRA](https://legalresource.ph/fair-and-reasonable-fees-c3s41-cpra/): Section 41, Canon III SECTION 41. Fair and reasonable fees. – A lawyer shall charge only fair and reasonable fees. Attorney’s fees shall be deemed fair and reasonable if determined based on the following factors: (a) The time spent and the extent of the service rendered or required; (b) The novelty and difficulty of the... - [Accountability of legal clinic director and supervising lawyer, C3S40 CPRA](https://legalresource.ph/accountability-of-legal-clinic-director-and-supervising-lawyer-c3s40-cpra/): Section 40, Canon III SECTION 40. Accountability of legal clinic director and supervising lawyer. – A law student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court shall provide meaningful training to law students. They shall assume responsibility for any work performed by the law student while under their supervision and... - [Limited legal services of law student practitioners, C3S39 CPRA](https://legalresource.ph/limited-legal-services-of-law-student-practitioners-c3s39-cpra/): Section 39, Canon III SECTION 39. Limited Legal Services of law student practitioners. -The Limited Legal Services rendered by a law student practitioner under the Clinical Legal Education Program shall be governed by the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Limited Legal Services of law student practitioners Under this section,... - [Termination of limited legal services, C3S38 CPRA](https://legalresource.ph/termination-of-limited-legal-services-c3s38-cpra/): Section 38, Canon III SECTION 38. Termination of Limited Legal Services. – Unless governed by Canon III, Section 36, a lawyer must cease to provide Limited Legal Services to a client when the lawyer becomes aware that there may be an actual or potential conflict of interest, except with the written informed consent of the... - [Duty of confidentiality in limited legal services, C3S37 CPRA](https://legalresource.ph/duty-of-confidentiality-in-limited-legal-services-c3s37-cpra/): Section 37, Canon III SECTION 37. Duty of confidentiality in Limited Legal Services. – A lawyer who provides Limited Legal Services must protect the client’s private confidences to the same extent as if engaged under regular terms. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Duty of confidentiality in Limited Legal Services Under... - [Pro bono limited legal services, C3S36 CPRA](https://legalresource.ph/pro-bono-limited-legal-services-c3s36-cpra/): Section 36, Canon III SECTION 36. Pro bono Limited Legal Services. – A lawyer appointed by the court as counsel de officio shall not refuse to render Limited Legal Services pro bono on the ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such conflict of interest. In any case,... - [Limited legal services, C3S35 CPRA](https://legalresource.ph/limited-legal-services-c3s35-cpra/): Section 35, Canon III SECTION 35. Limited Legal Services. – Limited Legal Services refer to services for a specific legal incident, with the expectation by the lawyer and the client that the lawyer will not provide continuing legal services in the matter. This includes being appointed as counsel de officio only for arraignment purposes or... - [Active participation in the development of the legal profession, C3S34 CPRA](https://legalresource.ph/active-participation-in-the-development-of-the-legal-profession-c3s34-cpra/): Section 34, Canon III SECTION 34. Active participation in the development of the legal profession. – A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform, the improvement of the administration of justice, strengthening the judicial and legal system, and advocacies in areas of special concern... - [Foreign lawyers, C3S33 CPRA](https://legalresource.ph/foreign-lawyers-c3s33-cpra/): Section 33, Canon III SECTION 33. Foreign lawyers. – Foreign lawyers cannot, directly or indirectly, practice law in the Philippines. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Foreign lawyers Whether directly or indirectly, foreign lawyers are prohibited from the “practice law in the Philippines. a. Practice of PH Law Foreign lawyers are... - [Non-disclosure of legal consultation, C3S32 CPRA](https://legalresource.ph/non-disclosure-of-legal-consultation-c3s32-cpra/): Section 32, Canon III SECTION 32. Non-disclosure of legal consultation. – A lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of interest. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Non-disclosure of legal consultation a. Duty of non-disclosure of legal consultation... - [Prohibition against filial disclosure, C3S31 CPRA](https://legalresource.ph/prohibition-against-filial-disclosure-c3s31-cpra/): Section 31, Canon III SECTION 31. Prohibition against filial disclosure. – A lawyer shall not discuss a client’s confidences even with family members. 1. Prohibition against filial disclosure Lawyers are prohibited from discussing “a client’s confidences even with family members.” a. Family members The lawyer’s family members have no business knowing about a client’s confidences.... - [Duty of confidentiality of members of a law firm, C3S30 CPRA](https://legalresource.ph/duty-of-confidentiality-of-members-of-a-law-firm-c3s30-cpra/): Section 30, Canon III SECTION 30. Duty of confidentiality of members of a law firm. – A lawyer may disclose the legal matters entrusted by a client of the firm to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will... - [Duty of confidentiality by former lawyers of a law firm, C3S29 CPRA](https://legalresource.ph/duty-of-confidentiality-by-former-lawyers-of-a-law-firm-c3s29-cpra/): Section 29, Canon III SECTION 29. Duty of confidentiality by former lawyers of a law firm. – A lawyer shall continue to be bound by the rule on confidentiality pertaining to clients of his or her previous law office or law firm. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Duty of confidentiality... - [Protecting client confidences, C3S28 CPRA](https://legalresource.ph/protecting-client-confidences-c3s28-cpra/): Section 28, Canon III SECTION 28. Protecting client confidences. – A lawyer shall not reveal the confidences of the client, including data from the client’s files, except; (a) When a written informed consent is obtained from the client; (b) When required by law, such as anti-money laundering statutes, or the Rules of Court; (c) To... - [Confidentiality of privileged communication, C3S27 CPRA](https://legalresource.ph/confidentiality-of-privileged-communication-c3s27-cpra/): Section 27, Canon III SECTION 27. Confidentiality of privileged communication. – A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer-client engagement. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Confidentiality of privileged communication a.... - [Prompt payment of membership dues, C3S26 CPRA](https://legalresource.ph/prompt-payment-of-membership-dues-c3s26-cpra/): Section 6, Canon III SECTION 26. Prompt payment of membership dues. – A lawyer shall promptly pay the annual membership dues in the IBP, unless expressly exempt from such payment by law or rules. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Prompt payment of membership dues a. Duty to pay membership dues... - [Support for legal internship, apprenticeship, and training, C3S25 CPRA](https://legalresource.ph/support-for-legal-internship-apprenticeship-and-training-c3s25-cpra/): Section 25, Canon III SECTION 25. Support for legal internship, apprenticeship, and training. – To prepare the next generation of lawyers for ethical practice, lawyers shall support legal internship and apprenticeship programs and accept law students for training. The lawyer shall treat the apprentices as junior colleagues and future counsels, and shall conscientiously supervise them.... - [Active involvement in legal education, C3S24 CPRA](https://legalresource.ph/active-involvement-in-legal-education-c3s24-cpra/): Section 24, Canon III SECTION 24. Active involvement in legal education. – A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, and support efforts to achieve standards of excellence in law schools as well as in the practical training of law students. In addition, a lawyer shall assist the Integrated... - [Amicus curiae, C3S23 CPRA](https://legalresource.ph/amicus-curiae-c3s23-cpra/): Section 23, Canon III SECTION 23. Amicus curiae. – A lawyer shall not decline, without just cause, a request by any court, tribunal, or other government agency to act as amicus curiae in any proceeding relating to the lawyer’s expertise or field of specialization. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Amicus... - [Public Attorney’s Office; conflict of interest, C3S22 CPRA](https://legalresource.ph/public-attorneys-office-conflict-of-interest-c3s22-cpra/): Section 22, Canon III SECTION 22. Public Attorney’s Office; conflict of interest. – The Public Attorney’s Office is the primary legal aid service office of the government.      In the pursuit of its mandate under its charter, the Public Attorney’s Office shall ensure ready access to its services by the marginalized sectors of society in a... - [Lawyers in government service; conflict of interest, C3S21 CPRA](https://legalresource.ph/lawyers-in-government-service-conflict-of-interest-c3s21-cpra/): Section 21, Canon III SECTION 21. Lawyers in government service; conflict of interest. –  A lawyer currently serving in the government shall not practice law privately, unless otherwise authorized by the Constitution, the law or applicable Civil Service rules and regulations. If allowed, private practice shall be upon the express authority of the lawyer’s superior,... - [Legal services organization; conflict of interest, C3S20 CPRA](https://legalresource.ph/legal-services-organization-conflict-of-interest-c3s20-cpra/): Section 20, Canon III SECTION 20. Legal services organization; conflict of interest. –  A legal services organization is any private organization, including a legal aid clinic, partnership, association, or corporation, whose primary purpose is to provide free legal services. A lawyer-client relationship shall arise only between the client and the handling lawyers of the legal... - [Contracting of a subsequent bigamous marriage, A55(7) Family Code](https://legalresource.ph/contracting-of-a-subsequent-bigamous-marriage-a557-family-code/): 1. Concept Bigamy – means “the act of entering into a marriage with one person while still legally married to another”. (Merriam-Webster Online Dictionary) 2. Contracting of a subsequent bigamous marriage, A55(7) Family Code Art. 55. A petition for legal separation may be filed on any of the following grounds: x x x (7) Contracting... - [Lesbianism or homosexuality, A55(6) Family Code)](https://legalresource.ph/lesbianism-or-homosexuality-a556-family-code/): 1. Concept Homosexuality – means “sexual activity with another of the same sex”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/homosexuality [Accessed: 17 April 2025]) Lesbianism – means “romantic or sexual attraction between women”. (Ibid. Available at: https://www.merriam-webster.com/dictionary/lesbianism [Accessed: 17 April 2025]) 2. Lesbianism or homosexuality Art. 55. A petition for legal separation may be filed on any... - [Drug addiction or habitual alcoholism, A55(5) Family Code](https://legalresource.ph/drug-addiction-or-habitual-alcoholism-a555-family-code/): 1. Concept Alcoholism – means “a chronic, a progressive, potentially fatal disorder marked by excessive and usually compulsive drinking of alcohol leading to psychological and physical dependence or addiction”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/alcoholism  [Accessed: 17 April 2025]) Addiction – means “a compulsive, chronic, physiological or psychological need for a habit-forming substance, behavior, or activity... - [Final judgment with more than six years of imprisonment, A55(4) Family Code](https://legalresource.ph/final-judgment-with-more-than-six-years-of-imprisonment-a554-family-code/): 1. Concept Imprison – means “to put in or as if in prison”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/imprisonment [Accessed: 17 April 2025]) 2. Final judgment with more than six years of imprisonment, A55(4) Family Code Art. 55. A petition for legal separation may be filed on any of the following grounds: x x x (4)... - [Attempt to corrupt or induce to engage in prostitution or connivance, A55(3) Family Code](https://legalresource.ph/attempt-to-corrupt-or-induce-to-engage-in-prostitution-or-connivance-a553-family-code/): 1. Concept Child – includes “a child by nature or by adoption” (FAMILY CODE, Last Paragraph, Article 55) Prostitution – means “the act or practice of engaging in sex acts and especially sexual intercourse in exchange for pay”. ((Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/prostitution [Accessed: 17 April 2025]) 2. Attempt to corrupt or induce to engage... - [Physical violence or moral pressure to change religious or political affiliation, A55(2) Family Code](https://legalresource.ph/physical-violence-or-moral-pressure-to-change-religious-or-political-affiliation-a552-family-code/): 1. Concept Physical violence – means “violent treatment of another person that causes them physical harm”. (Cambridge, n.d., Available at: https://dictionary.cambridge.org/dictionary/english/physical-abuse [Accessed: 19 April 2025]) Moral pressure – means “”persuasion that involves appealing to a person’s moral sense”. (Google Search/Oxford Languages, n.d., [Accessed 19 April 2025]) 2. Physical violence or moral pressure to change religious... - [Repeated physical violence or grossly abusive conduct, A55(1) Family Code](https://legalresource.ph/repeated-physical-violence-or-grossly-abusive-conduct-a551-family-code/): 1. Concept Child – includes “a child by nature or by adoption” (FAMILY CODE, Last Paragraph, Article 55) Abusive – means “using harsh, insulting language; harsh and insulting; using or involving physical violence or emotional cruelty” (Merriam-Webster, n.d.. Available at: https://www.merriam-webster.com/dictionary/abusive [Accessed: 17 April 2025]) Gross – means “glaringly noticeable usually because of inexcusable badness... - [Voidable Marriages, A45 Family Code](https://legalresource.ph/voidable-marriages-a45-family-code/): Voidable Marriages, A45 Family Code Civil Law > Family Code voidable marriages, 1. Concept Voidable marriages – are valid marriages until declared annulled or voided. a. Void marriages vs. Voidable marriages   Void Marriages Voidable Marriages Legal Status Invalid from the beginning* Valid until annulled Grounds Absence of a marriage requisite, Psychological Incapacity, Incestuous Marriages,... - [Sexually-Transmissible Disease, A45(6) Family Code](https://legalresource.ph/sexually-transmissible-disease-a456-family-code/): 1. Concept Sexually-transmissible disease – means “are caused by sexually transmitted infections (STIs). They are spread mainly by sexual contact. STIs are caused by bacteria, viruses or parasites.” (Mayo Clinic, Sexually transmissible disease (STDs), https://www.mayoclinic.org/diseases-conditions/sexually-transmitted-diseases-stds/symptoms-causes/syc-20351240 [Accessed: 12 April 2025]) 2. Sexually-transmissible disease Art. 45. A marriage may be annulled for any of the following causes,... - [Incurable Sexual Incapacity, A45(5) Family Code](https://legalresource.ph/incurable-sexual-incapacity-a455-family-code/): 1. Concept Incurable sexual incapacity – means the inability to engage in sexual intercourse and such is not curable. 2. Incurable sexual incapacity Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (5) That either party was physically incapable of consummating... - [Force, Intimidation, Undue Influence, A45(4) Family Code](https://legalresource.ph/force-intimidation-undue-influence-a454-family-code/): 1. Concept Force – means “violence, compulsion, or constraint exerted upon or against a person or thing”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/force [Accessed: 12 April 2025]) Intimidation –  means “to make timid or fearful”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/intimidation [Accessed: 12 April 2025]) Undue influence – means “improper influence that deprives a person of freedom... - [Fraud, A45(3), 46 Family Code](https://legalresource.ph/fraud-a453-46-family-code/): 1. Concept Fraud – means “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/fraud [Accessed: 17 April 2025]) 2. Fraud Art. 45. A marriage may be annulled for any of the following causes, existing at the time of... - [Unsound Mind, A45(2) Family Code](https://legalresource.ph/unsound-mind-a452-family-code/): 1. Concept Of unsound mind – means “mentally ill : not sane”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/of%20unsound%20mind  [Accessed: 17 April 2025]) 2. Unsound mind Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (2) That either party was of unsound mind,... - [18 and over but below 21 with no parental consent, A45(1) Family Code](https://legalresource.ph/18-and-over-but-below-21-with-no-parental-consent-a451-family-code/): 1. Concept Voidable marriages – are valid marriages until declared annulled or voided. 2. 18 and over but below 21 years old Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the... - [Crimes involving moral turpitude](https://legalresource.ph/crimes-involving-moral-turpitude/): 1. Concept 1) The two words in the term “moral turpitude” also embody the two components of the concept. The concept and definition of what is “moral” is in itself a stupendously deep and diverse field of study. Lexicographers, for their part, state that the word came to English ultimately from the Latin mos, or... - [Imprescribility of Void Marriages, A39 Family Code](https://legalresource.ph/imprescribility-of-void-marriages-a39-family-code/): 1. No Prescription Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense... - [Remarriage after nullity of previous marriage, A40 Family Code](https://legalresource.ph/remarriage-after-nullity-of-previous-marriage-a40-family-code/): 1) Final Judgment Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n) 1) While there is no prescription for the declaration of the nullity of marriage, a contracting party is required to obtain first... - [Re-appearance of Absentee Spouse, A41-44 Family Code](https://legalresource.ph/re-appearance-of-absentee-spouse-a41-44-family-code/): 1. Concept Absentee spouse – refers to a spouse whose whereabouts are known. Presumptive death – means one is presumed death for legal purposes. 2. Kinds of Disappearance a. Without danger of death Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the... - [Void Marriages being Contrary to Public Policy, A38 Family Code](https://legalresource.ph/void-marriages-being-contrary-to-public-policy-a38-family-code/): 1. Contrary to Public Policy Contrary to public policy 1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree 2) Between step-parents and step-children 3) Between parents-in-law and children-in-law 4) Between the adopting parent and the adopted child 5) Between the surviving spouse of the adopting parent and the adopted... - [Incestuous Marriages, A37 Family Code](https://legalresource.ph/incestuous-marriages-a37-family-code/): 1. Concept Incest – refers to “sexual intercourse between persons so closely related that they are forbidden by law to marry”. (Merriam-Webster Online Dictionary) 2. Incestuous Marriages Incestuous marriages 1) Between ascendants and descendants of any degree 2) Between brothers and sisters, whether of the full or half blood a. Between ascendants and descendants of... - [Psychological Incapacity, A36 Family Code](https://legalresource.ph/psychological-incapacity-a36-family-code/): 1. Concept Psychological incapacity – refers to a “personality structure [that makes] it impossible for [a spouse] to understand and, more important, to comply with his or her essential marital obligations. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Psychological Incapacity a. Nature Art. 36. A marriage contracted... - [Void Ab Initio Marriages, A35 Family Code](https://legalresource.ph/void-ab-initio-marriages-a35-family-code/): 1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse a. Absence of a marriage requisite Ground Type of Requisite Requisites 1)... - [Void Marriages, A35-44 Family Code](https://legalresource.ph/void-marriages-a35-44-family-code/): 1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse NB: Click on any of the above grounds for more information. 3.... - [Marriages with Prior 5-Year Cohabitation, A34 Family Code](https://legalresource.ph/marriages-with-prior-5-year-cohabitation-a34-family-code/): 1. Concept Cohabitation – means “to live together as or as if a married couple”. (Merriam-Webster Online Dictionary) 2. Marriages with Prior 5-year Cohabitation Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without... - [Marriages among Muslims or Members of Ethnic Cultural Communities, A33 Family Code](https://legalresource.ph/marriages-among-muslims-or-members-of-ethnic-cultural-communities-a33-family-code/): 1. Concept Muslim – means “an adherent of Islam”. (Merriam-Webster Online Dictionary) ethnic group – refers to “a group of people who can be seen as distinct (= different) because they have a shared culture, tradition, language, history, etc.” (Cambridge Online Dictionary) 2. Marriages among Muslims or Members of Ethnic Cultural Communities Art. 33. Marriages... - [Marriages in Remote Residences, 28-32 Family Code](https://legalresource.ph/marriages-in-remote-residences-28-32-family-code/): 1. Concept Remote places – refer to “[r]emote areas are far away from cities and places where most people live, and are therefore difficult to get to.” (Collins Dictionary) 2. Marriages in Remote Places Art. 28. If the residence of either party is so located that there is no means of transportation to enable such... - [Marriage in Articulo Mortis, A27, 29-32 Family Code](https://legalresource.ph/marriage-in-articulo-mortis-a27-29-32-family-code/): 1. Concept Articulo mortis – means “at the point of death”. (Merriam-Webster Online Dictionary) 2. Marriage in articulo mortis Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing... - [Foreign Marriages, Divorces, A26 Family Code](https://legalresource.ph/foreign-marriages-divorces-a26-family-code/): 1. Rules on foreign marriages Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. (17a)... - [Duties of Local Civil Registrar: Articles 24, 25, Family Code](https://legalresource.ph/duties-of-local-civil-registrar-articles-24-25-family-code/): 1. Duties of the LCR Art. 24. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from... - [Marriage Certificate: Articles 22, 23, Family Code](https://legalresource.ph/marriage-certificate-articles-22-23-family-code/): 1. Concept Marriage certificate – refers to documentary evidence attesting to the fact of marriage between individuals. 2. Contents of a Marriage Certificate Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state: (1) The full name, sex and age of each... - [Marriage License, Requirements and Procedure, A11-21 Family Code](https://legalresource.ph/marriage-license-requirements-and-procedure-a11-21-family-code/): 1. Concept Sworn application – means that the document is under oath or notarized. 2. Marriage license application a. Sworn application Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: (1)... - [Philippine Divorce Law](https://legalresource.ph/philippine-divorce-law/): PH divorce law March 11, 1917 Philippine courts could grant an absolute divorce on the grounds of adultery on the part of the wife or concubinage on the part of the husband by virtue of Act No. 2710 of the Philippine Legislature. (Republic v. Manalo, En Banc, G.R. No. 221029, 24 April 2018, Per Peralta,... - [Corpuz v. Sto. Tomas (2010)](https://legalresource.ph/corpuz-v-sto-tomas-2010/): CASE DETAILS Case Title Corpuz v. Sto. Tomas Citation G.R. No. 186571, 11 August 2010 Penned by Brion, J. 1. Background • Petitioner Gerbert R. Corpuz was a former Filipino citizen who acquired Canadian citizenship through naturalization on November 29, 2000.3 On January 18, 2005, Gerbert married respondent Daisylyn T. Sto. Tomas, a Filipina, in... - [Marriages Abroad by Filipinos, A10 Family Code](https://legalresource.ph/marriages-abroad-by-filipinos-a10-family-code/): 1. Authority of consul-general, consul, vice-consul Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. x x x 1) The authority of the consul-general, consul, or vice-consul (the “consul officials”) is limited only to marriages between Filipino citizens. Thus, they are not... - [Marriage License by LCR, Exceptions: A9 Family Code](https://legalresource.ph/marriage-license-by-lcr-exceptions-a9-family-code/): 1. Concept Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a) Marriage license – refers to “a legal document that is needed for... - [Places for Marriage Solemnity, A8 Family Code](https://legalresource.ph/places-for-marriage-solemnity-a8-family-code/): 1. Venue of marriage ceremony Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point... - [Solemnizing Officers, A7 Family Code](https://legalresource.ph/solemnizing-officers-a7-family-code/): 1. Solemnizing Officers Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court’s jurisdiction; (2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the... - [Marriage Celebration or Solemnity, A6 Family Code](https://legalresource.ph/marriage-celebration-or-solemnity-a6-family-code/): 1. Concepts Articulo mortis – means at the point of death. Marriage declaration – refers to the parties categorically declaring that they take each other as husband and wife. Marriage certificate – refers to the documentary evidence establishing the marriage between the parties. 2. No required formalities or religious rites Art. 6. No prescribed form... - [Legal Capacity to Marry, A5 Family Code](https://legalresource.ph/legal-capacity-to-marry-a5-family-code/): 1. Concept Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a) Impediments – refer to obstacles, prohibitions, or limitations. 2. Legal age 18 years of age is the minimum legal age to marry. However,... - [Absence of Requisites of Marriage, A4 Family Code](https://legalresource.ph/absence-of-requisites-of-marriage-a4-family-code/): 1. Concept Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be... - [Formal Requisites of Marriage, A3 Family Code](https://legalresource.ph/formal-requisites-of-marriage-a3-family-code/): 1. Concept Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal... - [Essential Requisites of Marriage, A2 Family Code](https://legalresource.ph/essential-requisites-of-marriage-a2-family-code/): 1. Concept Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a) Essential requisites – are absolute requirements for the validity of a marriage.... - [Marriage, Definition, A1 Family Code](https://legalresource.ph/marriage-definition-a1-family-code/): 1. Concept Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not... - [Aunt took diary of niece, then spreads copies? [English Podcast]](https://legalresource.ph/aunt-took-diary-of-niece-then-spreads-copies-english-podcast/): Briefing Document: Unauthorized Diary Sharing on Reddit by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal or professional advice. The content is based on discussions in the provided podcast excerpt and may not cover all relevant legal aspects. Overview: This briefing document analyzes... - [Dead uncle's wife wants cars paid by nephew/niece? [English Podcast]](https://legalresource.ph/dead-uncles-wife-wants-cars-paid-by-nephew-niece-english-podcast/): Briefing Document: “Dead uncle’s wife wants cars paid by nephew/niece? [English Podcast]” by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal or professional advice. The content is based on discussions in the provided podcast excerpt and may not cover all relevant legal aspects.... - [Driving without license, crashes, liabilities? [English Podcast]](https://legalresource.ph/driving-without-license-crashes-liabilities-english-podcast/): Briefing Document: Analysis of “Driving without license, crashes, liabilities?” Podcast Excerpts by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal advice. The content reflects the discussion within the provided podcast excerpts. Main Theme: The podcast excerpt centers on the severe legal and financial... - [Ex-Filipinos donating land to sibling? [English Podcast]](https://legalresource.ph/ex-filipinos-donating-land-to-sibling-english-podcast/): Briefing Document: Donation of Land in the Philippines by Former Filipinos by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal or professional advice. The content is based on discussions in the provided podcast excerpt and may not cover all relevant legal aspects. Main... - [HOA removing renter's parking space? [English Podcast]](https://legalresource.ph/hoa-removing-renters-parking-space-english-podcast/): Briefing Document: HOA Parking Dispute by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal advice. The content is based on discussions from a podcast and should not be considered a professional legal opinion. Executive Summary: This briefing document analyzes a situation described by... - [Inheritance, but title describes another property? [English Podcast]](https://legalresource.ph/inheritance-but-title-describes-another-property-english-podcast/): Briefing Document: Inheritance Dispute with Incorrect Property Description by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal advice. The interpretations presented here are based on the provided podcast excerpt and should not be considered definitive legal opinions. Executive Summary: This podcast excerpt discusses... - [Jejemon name, can it be changed without court case? [English Podcast]](https://legalresource.ph/jejemon-name-can-it-be-changed-without-court-case-english-podcast/): Briefing Document: Changing a “Jejemon” Name in the Philippines by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal advice. The content reflects the discussions in the provided podcast excerpt and should not be considered a substitute for consultation with a legal professional. Main... - [Nephew asks money to leave house? [English Podcast]](https://legalresource.ph/nephew-asks-money-to-leave-house-english-podcast/): Briefing Document: Nephew Refusing to Leave Family Home in the Philippines by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is for informational purposes only and does not constitute legal advice. The content is based on discussions from a podcast and should not be considered a professional legal opinion. Main Theme: This podcast... - [Status of same-sex marriage in the Philippines? [English Podcast]](https://legalresource.ph/status-of-same-sex-marriage-in-the-philippines-english-podcast/): Briefing Document: Status of Same-Sex Marriage in the Philippines by Gemini/NotebookLM, reviewed  by J. Del Puerto Disclaimer: This briefing document is based on the provided podcast excerpts for general information and educational purposes only. It does not constitute legal advice. The views expressed by the speakers are their own and do not represent any affiliated... - [Divorce for Filipina who married a foreigner? [English Podcast]](https://legalresource.ph/divorce-for-filipina-who-married-a-foreigner-english-podcast/): PODCAST NOTES by Gemini/NotebookLM, reviewed by J. Del Puerto Disclaimer: This briefing document summarizes information from the provided podcast excerpt for general information and educational purposes only. It does not constitute legal advice, and no lawyer-client relationship is intended. The statements within are solely those of the podcast speakers and do not represent any affiliated... - [Tan-Andal v. Andal (2021)](https://legalresource.ph/tan-andal-v-andal-2021/): CASE DETAILS Case Title Tan-Andal v. Andal Citation G.R. No. 196359, 11 May 2021 Penned by Leonen, J. 1. Background • Mario Victor M. Andal (Mario) and Rosanna L. Tan (Rosanna) married on December 16, 1995 at the Saints Peter and Paul Parish in Poblacion, Makati City. On July 27, 1996, Rosanna gave birth to... - [Clavecilla v. Clavecilla (2023)](https://legalresource.ph/clavecilla-v-clavecilla-2023/): CASE DETAILS Case Title Clavecilla v. Clavecilla Citation G.R. No. 228127, 06 March 2023 Penned by Gesmundo, C.J. 1. Background • Petitioner [Fernando] and Marivic met through a common friend sometime in December 1986. Petitioner was a finance officer at the Philippine Embassy in Saudi Arabia, while Marivic worked as a staff nurse at a... - [Marriages Exempted from License: T1C2, A27-34 Family Code](https://legalresource.ph/marriages-exempted-from-license-t1c2-a27-34-family-code/): 1. Concept 1) Under the Family Code, Chapter 2 provides for exceptional marriages, i.e., marriages that do not need a license (See Ado-An-Morimoto v. Morimoto, G.R. No. 247576, 15 March 2021, Per Leonen, J.). On the other hand, under the Civil Code, it is known as marriages of exceptional character under the Civil Code (Diaz-Salgado... - [Preliminary Provisions, Data Privacy Law](https://legalresource.ph/preliminary-provisions-data-privacy-law/): Concept What is data privacy? Data privacy is not defined in R.A. 10161 or the Data Privacy Act of 2012, neither in the Implementing Rules and Regulations (IRR), or current NPC issuances. Instead, we will use the following definition from IBM writers: “Data privacy” or “information privacy” – refers to “the principle that a person... - [Administrative: Implementing Rules, Statutory Construction](https://legalresource.ph/administrative-implementing-rules-statutory-construction/): “[A]dministrative interpretations of a law exerts weighty influence in the judicial construction of statutes.” (People v. Martin, G.R. No. L-38019, May 16, 1980, Per De Castro, J.) - [Statutes: Criminal Law: Presumption against repeal, Statutory Construction](https://legalresource.ph/statutes-criminal-law-presumption-against-repeal-statutory-construction/): “From another angle the presumption against repeal is stronger. A special law is not regarded as having been amended or repealed by a general law unless the intent to repeal or alter is manifest. Generalia specialibus non derogant. And if this is true although the terms of the general act are broad enough to include... - [Statutes: Criminal Laws, Statutory Construction](https://legalresource.ph/statutes-criminal-laws-statutory-construction/): “[P] penal law is to be construed, in case of doubt, strictly against the state. ‘Criminal and penal statutes must be strictly construed, that is, they cannot be enlarged or extended by intendment, implication, or by any equitable considerations. In other words, the language cannot be enlarged beyond the ordinary meaning of its terms in... - [Statutes: Special law prevails over general law, Statutory Construction](https://legalresource.ph/statutes-special-law-prevails-over-general-law-statutory-construction/): “[A] special law prevails over a general law — regardless of their dates of passage — and the special is to be considered as remaining an exception to the general.” (Lopez v. Civil Service Commission, En Banc, G.R. No. 87119, April 16, 1991, Per Sarmiento, J.) - [Statutes: Prospective operation, Statutory Construction](https://legalresource.ph/statutes-prospective-operation-statutory-construction/): “[A]ll statutes are to be construed as having only a prospective operation unless the purpose and intention of the Legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used. In every case of doubt, the doubt must be solved against the retrospective effect.” (De Montilla v. La... - [Statutes: Legislative intent, Statutory Construction](https://legalresource.ph/statutes-legislative-intent-statutory-construction/): “The cardinal rule of statutory construction requires the court to give effect to the general legislative intent if that can be discovered within the four corners of the Act. When the object intended to be accomplished by the statute is once clearly ascertained, general words may be restrained to it and those of narrower import... - [Constitution: Ordinary meaning over technical terms, Statutory Construction](https://legalresource.ph/constitution-ordinary-meaning-over-technical-terms-statutory-construction/): “[I]t is a well-settled principle of constitutional construction that the language employed in the Constitution must be given their ordinary meaning except where technical terms are employed. As much as possible, the words of the Constitution should be understood in the sense they have in common use. What it says according to the text of... - [Syntax, Statutory Construction](https://legalresource.ph/syntax-statutory-construction/): “Under the rules on syntax, the conjunctive word ‘and’ denotes a “joinder or union’ of words, phrases, or clause; it is different from the disjunctive word ‘or’ that signals disassociation or independence. However, a more important rule of statutory construction dictates that laws should be construed in a manner that avoids absurdity or unreasonableness.” (Microsoft... - [Special and specific provisions over a general provision, Statutory Construction](https://legalresource.ph/special-and-specific-provisions-over-a-general-provision-statutory-construction/): “[A] special and specific provision prevails over a general provision irrespective of their relative positions in the statute.” (DPWH v. Philippine Institute of Civil Engineers, Inc., G.R. No. 200015, March 15, 2023, Per Leonen) “A special and specific provision prevails over a general provision irrespective of their relative position in the statute. Generalia specialibus non... - [Number in words over figures, Statutory Construction](https://legalresource.ph/number-in-words-over-figures-statutory-construction/): “[T]he number in words must prevail over that in figures.” (Lim v. Maglanoc, En Banc, G.R. No. L-16566, August 31, 1961, Per Paredes, J.) - [Express mention of one excludes all others, Statutory Construction](https://legalresource.ph/express-mention-of-one-excludes-all-others-statutory-construction/): “[T]he express mention of one person, thing, act, or consequence excludes all others. This rule is expressed in the familiar maxim ‘expressio unius est exclusio alterius.’ Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds from the premise... - [Consider the whole and every part of a statute, Statutory Construction](https://legalresource.ph/consider-the-whole-and-every-part-of-a-statute-statutory-construction/): “It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context, i.e., that every part of the statute must be considered together with the other parts, and kept subservient to the general intent of the whole enactment. Because the law must not be read in... - [What is not prohibited is allowed, Statutory Construction](https://legalresource.ph/what-is-not-prohibited-is-allowed-statutory-construction/): “[W]hat is not expressly or impliedly prohibited by law may be done, except when the act is contrary to morals, customs and public order.” (The Manila Electric Company v. The Public Service Commission, En Banc, G.R. No. 42317, September 21, 1934, Per Villa-Real, J.) - [Indeterminate Sentence Law, Act No. 4103: Explainer](https://legalresource.ph/indeterminate-sentence-law-act-no-4103-explainer/): SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by acts of the Philippine Legislature, otherwise than by the Revised Penal Code, the court shall order the accused to be imprisoned for a minimum term, which shall not be less than the minimum term of imprisonment provided by law for the offense,... - [People v. Temporada (2008)](https://legalresource.ph/people-v-temporada-2008/): Majority Opinion: Ynares-Santiago, J. • The antecedents, as found by the appellate court, are as follows: From September 2001 to January 2002, accused Rosemarie “Baby” Robles, Bernadette Miranda, Nenita Catacotan and Jojo Resco and appellant Beth Temporada, all employees of the Alternative Travel and Tours Corporation (ATTC), recruited and promised overseas employment, for a fee,... - [Harmonization of laws, Statutory Construction](https://legalresource.ph/harmonization-of-laws-statutory-construction/): “[E]ndeavor should be made to harmonize the provisions of a law or two laws so that each shall be effective. In order that one law may operate to repeal another law, the two laws must actually be inconsistent. The former must be so repugnant as to be irreconciliable with the latter act. (U.S. vs. Palacios,... - [Reasonable interpretation, Statutory Construction](https://legalresource.ph/reasonable-interpretation-statutory-construction/): “[T]he law must be given a reasonable interpretation at all times. The Court may, in some instances, consider the spirit and reason of a statute, where a literal meaning would lead to absurdity, contradiction, or injustice, or would defeat the clear purpose of the law makers. Applying a verba legis or strictly literal interpretation of... - [Doctrine of necessary implication, Statutory Construction](https://legalresource.ph/doctrine-of-necessary-implication-statutory-construction/): “No statute can be enacted that can provide all the details involved in its application. There is always an omission that may not meet a particular situation. What is thought, at the time of enactment, to be an all-embracing legislation may be inadequate to provide for the unfolding of events of the future. So-called gaps... - [Avoidance of absurdity, Statutory Construction](https://legalresource.ph/avoidance-of-absurdity-statutory-construction/): “[L]aws should be construed in a manner that avoids absurdity or unreasonableness.” (Microsoft Corporation v. Manansala, G.R. No. 166391, October 21, 2015, Per Bersamin, J.) “[A] proviso should not be given a meaning which would tend to render abortive the main portions of the law.” (Borromeo v. Mariano, En Banc, G.R. No. L16808, January 3,... - [Doctrine of associated word, Statutory Construction](https://legalresource.ph/doctrine-of-associated-word-statutory-construction/): “[T]he doctrine of associated words (Noscitur a Sociis) provides that where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be made clear and specific by considering the company in which it is found or with which it is associated.” (Aisporna... - [Plain meaning: Verba Legis, Statutory Construction](https://legalresource.ph/plain-meaning-verba-legis-statutory-construction/): “[W]hen the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. There is only room for application. As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This is what is known as the... - [Avoiding Absurdity, Statutory Construction](https://legalresource.ph/avoiding-absurdity-statutory-construction/): 1. Concept “It is a general rule of statutory construction that a law should not be so construed as to produce an absurd result. he law does not intend an absurdity or that an absurd consequence shall flow from the enactment. Statutes should receive a sensible construction, such as will give effect to the legislative... - [Alternative Obligations, A1199-1206, Civil Code](https://legalresource.ph/alternative-obligations-a1199-1206-civil-code/): 1. Concepts a. Alternative obligation ARTICLE 1199. A person alternatively bound by different prestations shall completely perform one of them. x x x (1131) (CIVIL CODE) … Alternative obligation – refers to a situation wherein an obligor is “alternatively bound by different prestations” but may choose to “completely perform one of them.” (CIVIL CODE, Article... - [Obligations with a period, A1193-1198, Civil Code](https://legalresource.ph/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... - [Conditional obligations, A1179-A1188 Civil Code](https://legalresource.ph/conditional-obligations-a1179-a1188-civil-code/): 1. Concepts Article 1179. x x x Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. (1113) (CIVIL CODE) Condition – means “every future and uncertain event upon which an obligation or provision is made to depend. It is a future and... - [Pure obligations, A1179 Civil Code](https://legalresource.ph/pure-obligations-a1179-civil-code/): 1. Concepts Article 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. x x x (1113) (CIVIL CODE) Pure obligations – refer to obligations “whose performance does not depend upon a future or uncertain event, or upon... - [Nature and Effects of Obligations, Civil Code](https://legalresource.ph/nature-and-effects-of-obligations-civil-code/): Preliminary Chapter 2 on Nature and Effects of Obligations, Book IV – Obligations and Contracts, discusses the following: 1) Rights and obligations of creditors and debtors, A1163-1178 Civil Code 2) Standard of care, A1173 Civil Code 3) Negligence in performance of obligations, A1173 Civil Code 4) Fortuitous events, A1174 Civil Code 5) Breaches of obligations,... - [Transmissibility of Rights, A1178 Civil Code](https://legalresource.ph/transmissibility-of-rights-a1178-civil-code/): 1. Transmissibility of rights Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112) (CIVIL CODE) a. Transmissible rights Transmissible rights – refer to rights which can be transferred to another by their nature and not otherwise prohibited by... - [Usurious transactions, A1176 Civil Code](https://legalresource.ph/usurious-transactions-a1176-civil-code/): 1. Usurious transactions Article 1175. Usurious transactions shall be governed by special laws. (n) (CIVIL CODE) See related: • Usury law 2. Presumptions Article 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. x x x... - [Remedies for breaches of obligations, A1170-1173 Civil Code](https://legalresource.ph/remedies-for-breaches-of-obligations-a1170-1173-civil-code/): Preliminary The injured party has the following remedies in case of breaches of obligations: 1) Fulfillment of the obligation; 2) Rescicission of obligation; or 3) In addition to Nos. 1 and 2, damages. (See CIVIL CODE, Paragraph 2, Article 1191) Creditors Article 1313. Creditors are protected in cases of contracts intended to defraud them. (n)... - [Breaches of obligations, delay, demand, A1169 Civil Code](https://legalresource.ph/breaches-of-obligations-delay-demand-a1169-civil-code/): 1. Reciprocal obligations Reciprocal obligations – refer to obligations “that arise from the same cause, and in which each party is a debtor and a creditor of the other at the same time, such that the obligations of one are dependent upon the obligations of the other. They are to be performed simultaneously, so that... - [Fortuitous events, A1174 Civil Code](https://legalresource.ph/fortuitous-events-a1174-civil-code/): 1. Concept Article 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a) (CIVIL CODE) Fortuitous... - [Negligence in performance of obligations, A1173 Civil Code](https://legalresource.ph/negligence-in-performance-of-obligations-a1173-civil-code/): 1. Concept Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. x x x If the law or contract does not state the diligence... - [Standard of care, A1173 Civil Code](https://legalresource.ph/standard-of-care-a1173-civil-code/): 1. Standard of care The law provides for the following standard of care: 1) Ordinary diligence or good father of a family; and 2) Extraordinary diligence or the highest degree of care. a. Ordinary diligence Article 1173. x x x If the law or contract does not state the diligence which is to be observed... - [Rights and obligations of creditors and debtors, A1163-1178 Civil Code](https://legalresource.ph/rights-and-obligations-of-creditors-and-debtors-a1163-1178-civil-code/): 1. Rights and obligations a. Creditors 1) To demand that a thing to be given is taken cared of Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties... - [Sources of obligations, A1157-1158 Civil Code](https://legalresource.ph/sources-of-obligations-a1157-1158-civil-code/): 1. Sources of obligations Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a) (civil code) Thus, the following are the sources of obligations: 1) Law; 2) Contracts; 3) Quasi-contracts; 4) Acts or omissions punished by law; and 5) Quasi-delicts. a. Law Law... - [Definition, elements of an obligation, A1156 Civil Code](https://legalresource.ph/definition-elements-of-an-obligation-a1156-civil-code/): Preliminary Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n) (CIVIL CODE) Obligation – refers to “a juridical necessity to do or not to do.” (CIVIL CODE, Article 1156) Juridical necessity – refers to legal obligation or compulsion. Under this Article, the obligation being defined is a... - [Assignment by raffle of Investigating Commissioner, C6S5 CPRA](https://legalresource.ph/assignment-by-raffle-of-investigating-commissioner-c6s5-cpra-2/): Section 5, Canon VI SECTION 5. Assignment by raffle of Investigating Commissioner. – The IBP Board of Governors shall assign by raffle an Investigating Commissioner from among the lawyers approved by the Supreme Court in the list submitted by the IBP or, when special circumstances so warrant, a panel of three (3) Investigating Commissioners, to... - [List of investigating commission; qualifications, C6S4 CPRA](https://legalresource.ph/list-of-investigating-commission-qualifications-c6s4-cpra/): Section 4, Canon VI SECTION 4. List of Investigating Commissioners; qualifications. – The IBP shall recommend to the Supreme Court one hundred fifty (150) lawyers in good standing and repute, whom the IBP shall proportionately select from its nine (9) regions. The IBP may periodically recommend the adjustment of the number of Investigating Commissioners to... - [Contents of the complaint, C6S3 CPRA](https://legalresource.ph/contents-of-the-complaint-c6s3-cpra/): Section 3, Canon VI SECTION 3. Contents of the complaint. -The complaint shall be verified. It shall state clearly and concisely the acts or omissions complained of and shall be supported by judicial affidavits of the witnesses and such other documents in support thereof. If the verified complaint is filed before the IBP, six (6)... - [How instituted, C6S2 CPRA](https://legalresource.ph/how-instituted-c6s2-cpra/): Section 2, Canon VI SECTION 2. How instituted. – Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the IBP, or by any person, before the Supreme Court or the... - [Nature of disciplinary proceedings against lawyers, C6S1 CPRA](https://legalresource.ph/nature-of-disciplinary-proceedings-against-lawyers-c6s1-cpra/): Section 1, Canon VI SECTION 1. Nature of disciplinary proceedings against lawyers. – Disciplinary proceedings against lawyers shall be confidential in character and summary in nature. Nonetheless, the final order of the Supreme Court shall be published like its decisions in other cases. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Nature of... - [General provisions, C6 CPRA](https://legalresource.ph/general-provisions-c6-cpra/): General Provisions, Canon VI SECTION 1. Transitory provision. – The CPRA shall be applied to all pending and future cases, except to the extent that in the opinion of the Supreme Court, its retroactive application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall... - [Legitime for illegitimate or nonmarital children, A176 Family Code](https://legalresource.ph/legitime-for-illegitimate-or-nonmarital-children-a176-family-code/): 1. Legitime for illegitimate or nonmarital children Article 176. x x x The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (As amended by R.A. 9255) ### AI Summary ### Notice/Disclaimer: The following is an AI Summary from Google Gemini [2025] as reviewed by legal / J.... - [Support for illegitimate or nonmarital children, A176 Family Code](https://legalresource.ph/support-for-illegitimate-or-nonmarital-children-a176-family-code/): Article 176. Illegitimate children x x x shall be entitled to support in conformity with this Code. x x x (As amended by R.A. 9255) Abella v. Cabañero, G.R. No. 206647, August 9, 2017, Per Leonen, J.: • The obligation to give support shall only be demandable from the time the person entitled to it... - [Parental authority over illegitimate or nonmarital children, A176 Family Code](https://legalresource.ph/parental-authority-over-illegitimate-or-nonmarital-children-a176-family-code/): 1. Parental authority over illegitimate or nonmarital children Article 176. Illegitimate children x x x shall be under the parental authority of their mother x x x (As amended by R.A. 9255) An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep... - [Use of Surname by illegitimate or nonmarital children, A176 Family Code](https://legalresource.ph/use-of-surname-by-illegitimate-or-nonmarital-children-a176-family-code/): 1. Use of Surname by illegitimate or nonmarital children Article 176. Illegitimate children shall use the surname x x x of their mother x x x  However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil... - [Proof of filiation for illegitimate or nonmarital children, A175 Family Code](https://legalresource.ph/proof-of-filiation-for-illegitimate-or-nonmarital-children-a175-family-code/): 1. Proof of filiation for illegitimate or nonmarital children Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. x x x De Jesus v. The Estate of Decedent Juan Gamboa Dizon, G.R. No. 142877, October 2, 2001, Per Vitug, J.: • The filiation... - [Action to establish filiation for illegitimate or nonmarital children, A175p2 Family Code](https://legalresource.ph/action-to-establish-filiation-for-illegitimate-or-nonmarital-children-a175p2-family-code/): 1. Action to establish filiation for illegitimate or nonmarital children Art. 175. x x x The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged... - [Illegitimate or nonmarital children, A175-176 Family Code](https://legalresource.ph/illegitimate-or-nonmarital-children-a175-176-family-code/): 1. Concept NB: While the Family Code uses the terms legitimate or illegitimate, the Supreme Court has shifted to using marital children to refer to legitimate children, and nonmarital children to refer to illegitimate children. This is a move away from the pejorative terms of “legitimate” and “illegitimate”. (Supreme Court n.d., ‘SC Revisits “Iron Curtain... - [Rights of legitimate or marital children and legitimated children, A174 Family Code](https://legalresource.ph/rights-of-legitimate-or-marital-children-and-legitimated-children-a174-family-code/): 1. Rights of legitimate or marital children and legitimated children a. Surnames of the father and the mother Art. 174. Legitimate children shall have the right: (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames; x x x Related provisions: ART. 364.... - [Action to claim legitimacy, A173 Family Code](https://legalresource.ph/action-to-claim-legitimacy-a173-family-code/): 1. Action to claim legitimacy a. Lifetime: Child Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime x x x For a claim of filiation to succeed, it must be made within the period allowed, and supported by the evidence required under the Family Code. (Ara... - [Proof of Filiation, A172 Family Code](https://legalresource.ph/proof-of-filiation-a172-family-code/): 1. Proof of Filiation a. Primary Art. 172. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent... - [Impugning legitimacy, A166-171 Family Code](https://legalresource.ph/impugning-legitimacy-a166-171-family-code-2/): 1. Concept 1) Impugn – means “to assail by words or arguments”. (Merriam-Webster Online Dictionary) 2) Legitimacy – means “the quality or state of being legitimate”. (Merriam-Webster Online Dictionary) 3) Impugning legitimacy – refers to the act of assailing or questioning the status of children as to whether they are marital or nonmarital children. a.... - [Legitimate Children, A163-165 Family Code](https://legalresource.ph/legitimate-children-a163-165-family-code-2/): 1. Concept Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them... - [Impugning legitimacy, A166-171 Family Code](https://legalresource.ph/impugning-legitimacy-a166-171-family-code/): 1. Concept 1) Impugn – means “to assail by words or arguments”. (Merriam-Webster Online Dictionary) 2) Legitimacy – means “the quality or state of being legitimate”. (Merriam-Webster Online Dictionary) 3) Impugning legitimacy – refers to the act of assailing or questioning the status of children as to whether they are marital or nonmarital children. a.... - [Legitimate Children, A163-165 Family Code](https://legalresource.ph/legitimate-children-a163-165-family-code/): 1. Concept Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them... - [Family Home, A152-162 Family Code](https://legalresource.ph/family-home-a152-162-family-code/): 1. Concept Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (223a) The family home is the dwelling place of a person and his family,... - [Family as an Institution, A149-151 Family Code](https://legalresource.ph/family-as-an-institution-a149-151-family-code/): 1. Concept Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a) Art. 50. Family relations include those: (1)... - [Property Regime of Unions Without Marriage, A147-148 Family Code](https://legalresource.ph/property-regime-of-unions-without-marriage-a147-148-family-code/): 1. Concept Unions without marriage – refer to the situation where a man and a woman who live exclusively with each other as husband and wife, but without being legally married. a. Types In unions without marriage, the parties may either be: 1) Capacitated to marry each other or under a void marriage (Art. 147);... - [Separation of Property: A143-146 Family Code](https://legalresource.ph/separation-of-property-a143-146-family-code/): 1. Suppletory Application Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a) A. Prenuptial Agreement 1) Should future spouses decide on a separation of properties as their property... - [Grounds for Administration of Exclusive Properties of either Spouse, A142 Family Code](https://legalresource.ph/grounds-for-administration-of-exclusive-properties-of-either-spouse-a142-family-code/): 1. Grounds a. Spouse becomes a guardian of the other Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other;  x x x 1) This provision means that if one spouse is... - [Motion to revive property regime, A141 Family Code](https://legalresource.ph/motion-to-revive-property-regime-a141-family-code/): 1. Grounds a. Civil interdiction termination Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates; x... - [Procedure for Judicial Separation of Property, A136-140 Family Code](https://legalresource.ph/procedure-for-judicial-separation-of-property-a136-140-family-code/): 1. Procedure a. Verified Petition Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties. x x x 1) Under Article 136 of the Family Code of the Philippines, both... - [Grounds for Judicial Separation of Property, A135 Family Code](https://legalresource.ph/grounds-for-judicial-separation-of-property-a135-family-code/): 1. Grounds Grounds for judicial separation of properties: 1) Spouse sentenced to a penalty with civil interdiction; 2) Spouse judicially declared absent; 3) Spouse loses parental authority as decreed by a court; 4) Spouse abandoned or failed to comply with obligations to the family; 5) Spouse abused power of administration granted in marriage settlement; and... - [Separation of Property, Administration of Common Property, A134 Family Code](https://legalresource.ph/separation-of-property-administration-of-common-property-a134-family-code/): 1. Concept Separation of property – refers to the separation of the exclusive and personal assets and/or properties of the husband and wife. a. How made Separation of property may either be: 1) Stipulated under a prenuptial agreement before marriage; or 2) Judicial separation of property during the marriage. 2. Prenuptial separation of properties The... - [Imbong v. Ochoa, Jr. (2014)*](https://legalresource.ph/imbong-v-ochoa-jr-2014/): Imbong v. Ochoa, Jr., En Banc, G.R. No. 204819, 204934, 204957, etc., April 8, 2014, Per Mendoza, J. 1. Background • [The case centers on the constitutionality of Republic Act (R.A.) No. 10354, otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012 (RH Law).] 2. SC Decision/Resolution The Church and The State... - [Taruc v. De la Cruz (2005)](https://legalresource.ph/taruc-v-de-la-cruz-2005/): Taruc v. De la Cruz, G.R. No. 144801, March 10, 2005, Per Corona, J.: 1. Background • The antecedents show that petitioners were lay members of the Philippine Independent Church (PIC) in Socorro, Surigao del Norte. Respondents Porfirio de la Cruz and Rustom Florano were the bishop and parish priest, respectively, of the same church... - [Iglesia ni Cristo, (Inc.) v. CA, MTRCB (1996)](https://legalresource.ph/iglesia-ni-cristo-inc-v-ca-mtrcb-1996/): Iglesia ni Cristo, (Inc.) v. CA, MTRCB, En Banc, G.R. No. 119673, July 26, 1996, Per Puno, J.: 1. Background • Petitioner Iglesia ni Cristo, a duly organized religious organization, has a television program entitled “Ang Iglesia ni Cristo” aired on Channel 2 every Saturday and on Channel 13 every Sunday. The program presents and... - [German v. Barangan (1985)](https://legalresource.ph/german-v-barangan-1985/): German v. Barangan, En Banc, G.R. No. L-68828, March 27, 1985, Per Escolin, J.: • Invoking their constitutional freedom to religious worship and locomotion, petitioners seek the issuance of [1] a writ of mandamus to compel respondents to allow them to enter and pray inside St. Jude Chapel located at J.P. Laurel Street, Manila; and... - [Aglipay v. Ruiz (1937)*](https://legalresource.ph/aglipay-v-ruiz-1937/): Aglipay v. Ruiz, En Banc, G.R. No. 45459, March 13, 1937, Per Laurel, J.: 1. Background • The petitioner, Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, seeks the issuance from this court of a writ of prohibition to prevent the respondent Director of Posts from issuing and selling postage stamps commemorative of... - [Estrada v. Escritor (2006)*](https://legalresource.ph/estrada-v-escritor-2006/): [Editor’s Note: This 2006 case stems from the 2003 case. Both are En Banc cases involving the same parties.] Estrada v. Escritor, En Banc, A.M. No. P-02-1651, June 22, 2006, Per Puno, J.: 1. Background • In our decision dated August 4, 2003, after a long and arduous scrutiny into the origins and development of... - [Estrada v. Escritor (2003)*](https://legalresource.ph/estrada-v-escritor-2003/): Estrada v. Escritor, En Banc, A.M. No. P-02-1651, August 4, 2003, Per Puno, J.: 1. Background • In a sworn letter-complaint dated July 27, 2000, complainant Alejandro Estrada wrote to Judge Jose F. Caoibes, Jr., presiding judge of Branch 253, Regional Trial Court of Las Piñas City, requesting for an investigation of rumors that respondent... - [Re QC Justice Hall Religious Rituals (2017)*](https://legalresource.ph/re-qc-justice-hall-religious-rituals-2017/): Re: Letter of Tony Q. Valenciano, Holding of Religious Rituals at the Hall of Justice Building in Quezon City, En Banc, A.M. No. 10-4-19-SC, March 17, 2017, Per Mendoza, J.: 1. Background • This controversy originated from a series of letters, written by Tony Q. Valenciano (Valenciano) and addressed to then Chief Justice Reynato S. Puno (Chief Justice... - [Liberty of Abode and Right to Travel, A3S6 1987 Constitution](https://legalresource.ph/liberty-of-abode-and-right-to-travel-a3s6-1987-constitution/): 1. Concept 1) Liberty of abode – refers to the right to choose where to live and move to a different residence. 2) Right to travel – under the 1987 Constitution, refers to the right to travel within the Philippines. 3) Right to return to one’s country – under international law, refers to the right... - [Genuino v. De Lima (2018)*](https://legalresource.ph/genuino-v-de-lima-2018/): Genuino v. De Lima, En Banc, G.R. No. 197930, April 17, 2018, Per Reyes, JR., J.: 1. Background • These consolidated Petitions for Certiorari and Prohibition with Prayer for the Issuance of Temporary Restraining Orders (TRO) and/or Writs of Preliminary Injunction Under Rule 65 of the Rules of Court assail the constitutionality of Department of Justice (DOJ)... - [Marcos v. Manglapus (1989)*](https://legalresource.ph/marcos-v-manglapus-1989/): Marcos v. Manglapus, En Banc, G.R. No. 88211, September 15, 1989, Per Cortes, J.: 1. Background • Before the Court is a controversy of grave national importance. While ostensibly only legal issues are involved, the Court’s decision in this case would undeniably have a profound effect on the political, economic and other aspects of national... - [Right to Bail, Bill of Rights A3S13 1987 Constitution](https://legalresource.ph/right-to-bail-bill-of-rights-a3s13-1987-constitution/): 1. Concept SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ... - [Formal/Solemn Contracts, Civil Code](https://legalresource.ph/formal-solemn-contracts-civil-code/): 1. Concept In a solemn contract, compliance with certain formalities prescribed by law, such as in a donation of real property, is essential in order to make the act valid, the prescribed form being thereby an essential element thereof. (Asuncion v. CA, En Banc, G.R. No. 109125, December 2, 1994, Per Vitug, J.) Unlike ordinary contracts, which are... - [Formal/Solemn Real Contracts, Civil Code](https://legalresource.ph/formal-solemn-real-contracts-civil-code/): 1. Concept “Formal/solemn real contracts”– refer to contracts that requires both formality/solemnity and delivery of the thing. a. Essential Requisites Essential requisites of formal/solemn real contracts: 1) Consent 2) Object 3) Cause 4) Formality/solemnity 4) Delivery 1) Consent Consent, under Article 1319 of the Civil Code, is manifested by the meeting of the offer and... - [Authority to Contract on Behalf of Another, A1317 Civil Code](https://legalresource.ph/authority-to-contract-on-behalf-of-another-a1317-civil-code/): 1. Concept Article 1317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers,... - [Real Contracts, A1316 Civil Code](https://legalresource.ph/real-contracts-a1316-civil-code/): 1. Concept Article 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. (n) “Real contracts”– refer to contracts wherein delivery of the object is required in order to be perfected. [C]ontracts, other than real contracts are perfected by mere consent which is manifested... - [Consensual Contracts, A1315 Civil Code](https://legalresource.ph/consensual-contracts-a1315-civil-code/): 1. Concept Article 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. (1258) Contracts are perfected by... - [Innovating the Way We Understand Law in 2026](https://legalresource.ph/innovating-the-way-we-understand-law-in-2026/): Happy New Year! As we turn the page on another year, we find ourselves standing at the threshold of fresh opportunities and new beginnings. The New Year is traditionally a time for reflection—a moment to look back on the lessons learned—but more importantly, it is a time for projection. It is the perfect moment to... - [Tortuitous interference, A1314 Civil Code](https://legalresource.ph/tortuitous-interference-a1314-civil-code/): 1. Concept Article 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. (n) 1) Tortious interference refers “to a situation where a third person induces a party to renege on or violate [their] undertaking under a contract.” “Induce” here means “a person causes... - [Contracts in Fraud of Creditors, A1313 Civil Code](https://legalresource.ph/contracts-in-fraud-of-creditors-a1313-civil-code/): 1. Concept Article 1313. Creditors are protected in cases of contracts intended to defraud them. (n) Related provisions: Article 759. There being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been made in fraud of creditors. The donation is always presumed to be in fraud of... - [Contracts creating Real Rights, A1312, Civil Code](https://legalresource.ph/contracts-creating-real-rights-a1312-civil-code/): 1. Concept Article 1312. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. (n) 1) [A] real right is the power belonging to a person over a specific thing, without a... - [Principle of Relativity, Stipulation Pour Atrui, A1311 Civil Code](https://legalresource.ph/principle-of-relativity-stipulation-pour-atrui-a1311-civil-code/): 1. Concept Article 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from... - [3rd-Party Determination, A1309-1310 Civil Code](https://legalresource.ph/3rd-party-determination-a1309-1310-civil-code/): 1. Concept Article 1309. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. (n) Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is... - [Principle of Mutuality, A1308 Civil Code](https://legalresource.ph/principle-of-mutuality-a1308-civil-code/): 1. Concept Article 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a) 1) The principle of mutuality of contracts is embodied in Article 1308 of the Civil Code. (Pabalan v. Sabnani, En Banc, Per Concurring Opinion of Caguioa, J.) 2) Mutuality... - [Innominate Contracts, A1307 Civil Code](https://legalresource.ph/innominate-contracts-a1307-civil-code/): 1. Concept Article 1307. Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of Titles I and II of this Book, by the rules governing the most analogous nominate contracts, and by the customs of the place. (n) 1) Innominate – means “having no name: unnamed. (Merriam-Webster Online Dictionary) 2)... - [Principle of Autonomy, A1306 Civil Code](https://legalresource.ph/principle-of-autonomy-a1306-civil-code/): 1. Concept Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (1255a) 1) Under the principle of autonomy of contracts, parties to an agreement are allowed to establish such stipulations, clauses,... - [Definition: Contract, A1305, Civil Code](https://legalresource.ph/definition-contract-a1305-civil-code/): 1. Concepts Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1254a) Related provision: Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which... - [CPG Special Liquidation Rules, A131-133 Family Code](https://legalresource.ph/cpg-special-liquidation-rules-a131-133-family-code/): 1. CPG Liquidation prior to Family Code Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such proof as may be... - [CPG after Termination of Marriage by Death, A130 Family Code](https://legalresource.ph/cpg-after-termination-of-marriage-by-death-a130-family-code/): 1. Estate settlement proceedings Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. x x x 1) When a marriage ends because one spouse has died, the law requires that the conjugal partnership be... - [CPG Liquidation of Assets and Liabilities, A129-133 Family Code](https://legalresource.ph/cpg-liquidation-of-assets-and-liabilities-a129-133-family-code/): 1. Procedure Procedure for CPG Liquidation of Assets and Liabilities: Step 1: Inventory Step 2: Advances Step 3: Reimbursements Step 4: Debts and Obligations Step 5: Remaining Properties Step 6: Movable Properties Step 7: Net Remainder Step 8: Presumptive Legitimes Step 9: Conjugal Dwelling Step 1: Inventory Art. 129. Upon the dissolution of the conjugal... - [CPG Spouse Abandonment, A128 Family Code](https://legalresource.ph/cpg-spouse-abandonment-a128-family-code/): 1. Abandonment a. Definition Art. 128. x x x x x x A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. x x x 1) A spouse is considered to have abandoned the other if he or she leaves the shared marital... - [CPG Separation in Fact, A127 Family Code](https://legalresource.ph/cpg-separation-in-fact-a127-family-code/): 1. Separation in Fact a. No effect on CPG Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership x x x 1) When a husband and wife are separated in fact — meaning they live apart or no longer share a household — their conjugal partnership... - [CPG Termination, A126-128 Family Code](https://legalresource.ph/cpg-termination-a126-128-family-code/): 1. Termination of CPG a. Death Art. 126. The conjugal partnership terminates: (1) Upon the death of either spouse; x x x   1) [CPG] ends automatically when one of the spouses dies. At that moment, the partnership is considered dissolved, and the properties accumulated during the marriage must eventually be divided between the surviving... - [CPG Donation, A125 Family Code](https://legalresource.ph/cpg-donation-a125-family-code/): 1. Donation under CPG a. Consent Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. x x x 1) This rule establishes that property owned jointly by the spouses under a conjugal partnership cannot be donated by only one of them. In other words, one spouse does not... - [CPG Administration, A124-125 Family Code](https://legalresource.ph/cpg-administration-a124-125-family-code/): 1. Administration of the CPG Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the... - [CPG Charges and Obligations, A121-123 Family Code](https://legalresource.ph/cpg-charges-and-obligations-a121-123-family-code/): 1. Charges and Obligations against CPG a. Support Art. 121. The conjugal partnership shall be liable for: (1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; x x x Related provision:... - [CPG Special Rules for Certain properties, A118-120 Family Code](https://legalresource.ph/cpg-special-rules-for-certain-properties-a118-120-family-code/): 1.Purchased on installments Art. 118. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. x x x 1)... - [CPG Scope, A117 Family Code](https://legalresource.ph/cpg-scope-a117-family-code/): 1.Scope of Conjugal Partnership Conjugal partnership constitutes the following: (1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) Those obtained from the labor, industry, work or profession of either or both of the... - [CPG Ownership, Possession, Administration, A110-115 Family Code](https://legalresource.ph/cpg-ownership-possession-administration-a110-115-family-code/): Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. x x x This means that each spouse keeps full control over what legally belongs to them alone. They continue to own it, use it, manage it, and enjoy its benefits without needing approval or interference from the other spouse.... - [CPG Exclusive Property, A109 Family Code](https://legalresource.ph/cpg-exclusive-property-a109-family-code/): Art. 109. The following shall be the exclusive property of each spouse: (1) That which is brought to the marriage as his or her own; (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only... - [Conjugal Partnership of Gains, A105-133 Family Code](https://legalresource.ph/conjugal-partnership-of-gains-a105-133-family-code/): 1. General Provisions Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between... - [Liquidation of Property Regime under Civil Code, A104 Family Code](https://legalresource.ph/liquidation-of-property-regime-under-civil-code-a104-family-code/): Art. 104. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. In... - [Termination of Marriage by Death, A103 Family Code](https://legalresource.ph/termination-of-marriage-by-death-a103-family-code/): 1. Judicial proceeding for estate settlement Art. 103. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. x x x 1) When a marriage ends because one spouse dies, the assets that belonged to both of them... - [ACP Liquidation, A102 Family Code](https://legalresource.ph/acp-liquidation-a102-family-code/): 1. ACP Liquidation Procedure a. Step 1: Inventory Art. 102. Upon dissolution of the absolute community regime, the following procedure shall apply: (1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse. x x x 1) When the absolute community of property between... - [Abandonment or Failure to Comply with Family Obligations, A101 Family Code](https://legalresource.ph/abandonment-or-failure-to-comply-with-family-obligations-a101-family-code/): 1. Concept Art. 101. x x x x x x A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. x x x 1) A spouse is considered to have abandoned the other when he or she moves out of their shared home... - [ACP if Separated in Fact, A100 Family Code](https://legalresource.ph/acp-if-separated-in-fact-a100-family-code/): Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community x x x 1) When a husband and wife live apart from each other without going through formal legal proceedings, such as legal separation or annulment, their shared ownership of property under the absolute community of property... - [Solidary liability for support of family, A100(3) Family Code](https://legalresource.ph/solidary-liability-for-support-of-family-a1003-family-code/): Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that: x x x (3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon proper petition in... - [Required Spousal Consent, A100(2) Family Code](https://legalresource.ph/required-spousal-consent-a1002-family-code/): Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that: x x x (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; x x x 1) If a... - [Spouse who left or refused to live at conjugal home, A100(1) Family Code](https://legalresource.ph/spouse-who-left-or-refused-to-live-at-conjugal-home-a1001-family-code/): Art. 100. The separation in fact between husband and wife shall not affect the regime of absolute community except that: (1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; x x x 1) When a married couple stops living together... - [Absolute Community of Property, A88-104 Family Code](https://legalresource.ph/absolute-community-of-property-a88-104-family-code/): 1. Concept 1) Absolute Community Property – means that “all properties owned by the spouses before the marriage and those acquired during the marriage become part of a single mass of property, called the community property, which is jointly owned by both spouses.” (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed:... - [ACP Ownership, Administration, Enjoyment, Disposition, A96-98 Family Code](https://legalresource.ph/acp-ownership-administration-enjoyment-disposition-a96-98-family-code/): 1. ACP Ownership 1) In Absolute Community Property (ACP), both husband and wife co-own the community assets and properties. 2. ACP Administration and Enjoyment Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. x x x 1) Both spouses equally share the right to manage and use the... - [ACP Charges and Obligations, A94-95 Family Code](https://legalresource.ph/acp-charges-and-obligations-a94-95-family-code/): 1. ACP Liabilities a. Support Art. 94. The absolute community of property shall be liable for: (1) The support of the spouses, their common children, and legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this [the Family] Code on Support ; x x x Related:... - [ACP Scope and Exclusions, A91-93 Family Code](https://legalresource.ph/acp-scope-and-exclusions-a91-93-family-code/): 1. Scope of ACP Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (197a) A. Definition 1) Community property – “consist of all the property owned... - [ACP Dissolution, A99-101 Family Code](https://legalresource.ph/acp-dissolution-a99-101-family-code/): 1. ACP Termination Grounds for ACP Dissolution 1) Death of Either Spouse 2) Decree of Legal Separation 3) Declaration of Nullity or Annulment of Marriage 4) Judicial Separation of Property a. Death Related: Death of Either Spouse, A99(1) Family Code b. Decree of Legal Separation Related: Decree of Legal Separation, A99(2) Family Code c. Nullity... - [Judicial Separation of Property, A99(4) Family Code](https://legalresource.ph/judicial-separation-of-property-a994-family-code/): Art. 99. The absolute community terminates: x x x (4) In case of judicial separation of property during the marriage under Articles 134 to 138. (175a) Related provisions: Art. 134. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except... - [Nullity or Annulment of Marriage, A99(3) Family Code](https://legalresource.ph/nullity-or-annulment-of-marriage-a993-family-code/): Art. 99. The absolute community terminates: x x x (3) When the marriage is annulled or declared void; x x x Related: • Void Marriages, A35-44 Family Code • Voidable Marriages, A45 Family Code 1) The system of absolute community of property, where all assets earned or acquired during the marriage are jointly owned by... - [Decree of Legal Separation, A99(2) Family Code](https://legalresource.ph/decree-of-legal-separation-a992-family-code/): Art. 99. The absolute community terminates: x x x (2) When there is a decree of legal separation; x x x Related: Legal Separation, A56 Family Code 1) The absolute community of property — a legal setup where all properties acquired during the marriage are commonly owned by both spouses — officially ends when a... - [Death of Either Spouse, A99(1) Family Code](https://legalresource.ph/death-of-either-spouse-a991-family-code/): Art. 99. The absolute community terminates: (1) Upon the death of either spouse; x x x 1) The legal system of absolute community of property, where spouses share ownership of all assets acquired during the marriage, comes to an automatic end if either the husband or the wife passes away. The death of one spouse... - [Sps. Eduarte v. CA (1996)](https://legalresource.ph/sps-eduarte-v-ca-1996/): Sps. Eduarte v. CA, G.R. No. 105944, February 9. 1996, per Francisco, J.: 1. Background • As set out in the appealed decision, the undisputed facts are as follows: Pedro Calapine was the registered owner of a parcel of land located in San Cristobal, San Pablo City, with an area of 12,199 square meters… On... - [Donations by Reason of Marriage, A82-87 Family Code](https://legalresource.ph/donations-by-reason-of-marriage-a82-87-family-code/): 1. Concept Art. 82. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (126) 1) Donation propter nuptias (by reason of marriage) – refers to donations or gifts given to either/both future spouses in consideration... - [Civil Interdiction, A34 Revised Penal Code](https://legalresource.ph/civil-interdiction-a34-revised-penal-code/): 1. Concept Article 34. Civil interdiction. – Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such... - [Marital Obligations, A68-73 Family Code](https://legalresource.ph/marital-obligations-a68-72marital-obligations-a68-73-family-code-family-code-2/): 1. Rights and Obligations a. To live together Art. 68. The husband and wife are obliged to live together x x x 1) As expressed in Article 6845 of the Family Code, the marital covenants include the mutual obligations of husband and wife to live together, observe love, respect and fidelity and to help and... - [Family Domicile, A69 Family Code](https://legalresource.ph/family-domicile-a69-family-code/): 1. Family Domicile Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. x x x 1) Article 69 of the Family Code… took away the exclusive right of the husband to fix the family domicile [under the Civil Code] and gave it jointly to the... - [Effects of Annulment of a Marriage, A53-54 Family Code](https://legalresource.ph/effects-of-annulment-of-a-marriage-a53-54-family-code/): 1. Effects of Annulment of Marriage a. Re-marriage Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Related provision: Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and... - [Procedure for Annulment of a Voidable marriage, A47-54 Family Code](https://legalresource.ph/procedure-for-annulment-of-a-voidable-marriage-a47-54-family-code/): 1. Procedure for Annulment of a Voidable Marriage a. Who may file; Prescription Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his... - [Effects of Decree of Legal Separation, A63-64 Family Code](https://legalresource.ph/effects-of-decree-of-legal-separation-a63-64-family-code/): 1. Concept Revoke – means “to annul by recalling or taking back”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/revoke  [Accessed: 17 April 2025]) 2. Effects of Decree of Legal Separation, A63-64 Family Code 1) Live separately, but marriage bonds not severed Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall... - [Reconciliation, A65 Family Code](https://legalresource.ph/reconciliation-a65-family-code/): 1. Concept Reconciling – means “to restore to friendship or harmony”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/reconciling [Accessed: 17 April 2025]) 2. Procedural a. Joint Manifestation Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.... - [Procedure for Legal Separation, A58-62 Family Code](https://legalresource.ph/procedure-for-legal-separation-a58-62-family-code/): 1. Procedural a. Cooling-off period: 6 months Art. 58. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (103) (E.O. 209 [s. 1987], Family Code) 1) 6-month cooling off period – in the context of legal separation, refers to the mandatory... - [Prescription, A56(6), A57 Family Code](https://legalresource.ph/prescription-a566-a57-family-code/): 1. Concept Prescription – refers to a claim having prescribed, which means that the claim is “invalid or unenforceable” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/prescribe [Accessed: 18 April 2025]) 2. Prescription Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (6) Where the action is barred... - [Collusion, A56(5) Family Code](https://legalresource.ph/collusion-a565-family-code/): 1. Concept Collusion – • … refers to a “secret agreement or cooperation especially for an illegal or deceitful purpose”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/collusion [Accessed: 17 April 2025]) • …  in divorce or legal separation means the agreement… “between husband and wife for one of them to commit, or to appear to commit, or... - [Mutually at fault or in pari delicto, A56(4) Family Code](https://legalresource.ph/mutually-at-fault-or-in-pari-delicto-a564-family-code/): 1. Concept In pari delicto– is “Latin for ‘in equal fault”in equal fault,’ in pari delicto connotes that two or more people are at fault or are guilty…” (Constantino v. Heirs of Pedro Constantino, Jr., G.R. No. 181508, October 2, 2013, Per Perez, J.) 2. Mutually at fault or in pari delicto Art. 56. The... - [Connivance, A56(3) Family Code](https://legalresource.ph/connivance-a563-family-code/): 1. Concept Connivance – refers to “the act of conniving”, which means “to cooperate secretly or have a secret understanding” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/conniving [Accessed: 17 April 2025]) 2. Connivance Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (3) Where there is connivance... - [Consent, A56(2) Family Code](https://legalresource.ph/consent-a562-family-code/): 1. Concept Consent – means “to give assent or approval”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/consent [Accessed: 18 April 2025]) 2. Consent Art. 56. The petition for legal separation shall be denied on any of the following grounds: x x x (2) Where the aggrieved party has consented to the commission of the offense or act... - [Condonation, A56(1) Family Code](https://legalresource.ph/condonation-a561-family-code/): 1. Concept Condonation – refers to forgiveness; “implied pardon of an offense by treating the offender as if it had not been committed” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/condonation [Accessed: 17 April 2025]) 2. Condonation Art. 56. The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party... - [Abandonment without justifiable cause for more than 1 year, A55(10) Family Code](https://legalresource.ph/abandonment-without-justifiable-cause-for-more-than-1-year-a5510-family-code/): 1. Concept Abandonment – • refers to “abandonment without justifiable cause for more than one year.” (Ong v. Ong, G.R. No. 153206, 23 October 2006, Per Austria-Martinez, J.) 2. Abandonment without justifiable cause for more than 1 year Art. 55. A petition for legal separation may be filed on any of the following grounds: x... - [Attempt against the life of the petitioner, A55(9) Family Code](https://legalresource.ph/attempt-against-the-life-of-the-petitioner-a559-family-code/): 1. Concept Attempt – means “to make an effort to do, accomplish, solve, or effect”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/attempt [Accessed: 17 April 2025]) 2. Attempt against the life of the petitioner Art. 55. A petition for legal separation may be filed on any of the following grounds: x x x (9) Attempt by the... - [Sexual infidelity or perversion, A55(8) Family Code](https://legalresource.ph/sexual-infidelity-or-perversion-a558-family-code/): 1. Concept Infidelity – means “the act or fact of having a romantic or sexual relationship with someone other than one’s husband, wife, or partner”. (Merriam-Webster Online Dictionary) Perversion – means “an aberrant sexual practice or interest especially when habitual”. (Merriam-Webster Online Dictionary) 2. Sexual infidelity or perversion, A55(8) Family Code Art. 55. A petition... ## Pages - [Logout](https://legalresource.ph/logout/): You have successfully logged out of your account. See you gain! - [AA Law on Contracts 2](https://legalresource.ph/law-on-contracts-2/): Constitutional Law 1 1987 Constitution(all articles except Article III, Bill of Rights) Notice: This is currently being completed/updated. 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