Author: pinayjurist

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— Criminal Law —

US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

February 18, 2019

Favorabilia sunt amplianda, adiosa restrigenda (Penal laws which are favorable to the accused are given retroactive effect). FACTS: This defendant was charged with the crime of the falsification of a personal cedula. After trial, the judge found the defendant guilty of the crime charged and sentenced him to be imprisoned for a period of three years and… Read More US vs. PARRONE G.R. No. L-7038 January 7, 1913 Retroactive effect of penal laws.

— Remedial Law —

PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

February 16, 2019

Although a waiver of the right to present evidence by the accused is not a trivial matter to be lightly regarded by the trial court, the filing of the demurrer to evidence without express leave of court operates as a waiver that binds the accused pursuant to the express provision of the Rules of Court.… Read More PEOPLE v. OLIVIA GARCIA CRISTOBAL G.R. NO. 159450 March 30, 2011 Demurrer to Evidence

— Bar Q & A, Criminal Law —

2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex

February 16, 2019

I. Explain the application of the Indeterminate. Sentence Law (ISL). (5%) SUGGESTED ANSWER The court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Revised Penal Code, and the minimum of which… Read More 2016 Bar Exam Suggested Answers in Criminal Law by the UP Law Complex

— Bar Q & A, Remedial Law —

2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex

February 15, 2019

I. Lender extended to Borrower a P100,000.00 loan covered by a promissory note. Later, Borrower obtained another P100,000.00 loan again covered by a promissory note. Still later, Borrower obtained a P300,000.00 loan secured by a real estate mortgage on his land valued at P500,000.00 Borrower defaulted on his payments when the loans matured. Despite demand… Read More 2015 Bar Exam Suggested Answers in Remedial Law by the UP Law Complex

— Labor Law —

CHUA-QUA vs. CLAVE G.R. No. 49549 August 30, 1990 Labor Law, Illegal Dismissal

February 14, 2019

  FACTS: Petitioner was employed in Tay Tung High School, Inc. as the class adviser in the sixth grade where Bobby Qua was enrolled in. Since it was the policy of the school to extend remedial instructions to its students, Bobby Qua was imparted such instructions in school by petitioner. In the course thereof, the… Read More CHUA-QUA vs. CLAVE G.R. No. 49549 August 30, 1990 Labor Law, Illegal Dismissal

— Constitutional Law —

TESDA v. COA G.R. No. 196418, February 10, 2015 Commission on Audit, Separation of Powers, General Appropriations Act

February 10, 2019

FACTS: TESDA, an instrumentality of the Government established under R. A. No. 7796, is an attached agency of the DOLE. In 2003, the DOLE Secretary issued AO No. 430, authorizing the payment of healthcare maintenance allowance of P5,000.00 to all officials and employees of the DOLE, including its bureaus and attached agencies. Upon post-audit, COA… Read More TESDA v. COA G.R. No. 196418, February 10, 2015 Commission on Audit, Separation of Powers, General Appropriations Act

— Bar Q & A, Taxation —

2015 Bar Exam Suggested Answers in Taxation by the UP Law Complex

February 8, 2019

I. Explain the principles of a sound tax system. (3%) SUGGESTED ANSWER The principles of a sound tax system and their respective explanations, are as follows:   a) Fiscal adequacy which means that the sources of revenue should be sufficient to meet the demands of public expenditures (Chavez v. Ongpin, G.R. No. 76778, June 6, 1990);… Read More 2015 Bar Exam Suggested Answers in Taxation by the UP Law Complex

— Remedial Law —

People v. Lacson G.R. No. 149453. April 1, 2003 Criminal Procedure, Provisional Dismissal

February 7, 2019

FACTS: Respondent and his co-accused were charged with multiple murder for the shooting and killing of eleven persons who were claimed to be members of the Kuratong Baleleng Gang. The said cases docketed as Criminal Cases Nos. Q-99-81679 to Q-99-81689 were provisionally dismissed with the express consent of the respondent as he himself moved for… Read More People v. Lacson G.R. No. 149453. April 1, 2003 Criminal Procedure, Provisional Dismissal

— Bar Q & A, Civil Law —

2015 Bar Exam Suggested Answers in Civil Law by the UP Law Complex

February 6, 2019

I.   Alden and Stela were both former Filipino citizens. They were married in the Philippines but they later migrated to the United States where they were naturalized as American citizens. In their union they were able to accumulate several real properties both in the US and in the Philippines. Unfortunately, they were not blessed… Read More 2015 Bar Exam Suggested Answers in Civil Law by the UP Law Complex