Latin maxim.
• “Nobody can give what he does not possess.” (Heirs of Hermosilla v. Sps. Remoquillo, G.R. No. 167320, January 30, 2007)
• “one cannot give what one does not have” (Magoyag v. Maruhom, G.R. No. 179743, August 2, 2010)
• “No one can give more than what he has.” (Felix Gohan and Sons Realty Corporation v. Heirs of Raymundo Baba, G.R. No. 138945, August 19, 2003)
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Learning and resource site for Philippine Laws
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…
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….
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…
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…
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…
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…