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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…
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,…
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…
Swindling by Syndicate: 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,…
pacta sunt servanda
Latin maxim. • “parties to a treaty to keep their agreement therein in good faith” (Secretary of Justice v. Lantion, En Banc, G.R. No. 139465, January 18, 2000) … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
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 Concept Contracts validly agreed upon may be rescinded in the cases established by law.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…