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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…
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…
res inter alios acta alteri nocere non debet
Latin maxim. • “things done between strangers ought not to injure those who are not parties to them” (People v. Tena, G.R. No. 100909, October 21, 1992) • “A third party may not be prejudiced by the act, declaration or omission of another.” (People v. Ciobal, G.R. No. 86220, April 20, 1990) • related to…
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.
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…
Opening of closed documents, 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…