— Constitutional Law, Political Law —

Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

September 17, 2019

FACTS: Pursuant to the privatization program of the Government under Proclamation No. 50, GSIS decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila Hotel Corporation (MHC).  The winning bidder, or the eventual “strategic partner,” is to provide management expertise and/or an international marketing/reservation system, and financial… Read More Manila Prince Hotel v. GSIS G.R. No. 122156 February 3, 1997 The Nature of the Constitution, Self-Executing and Not Self-Executing Provisions, National Patrimony

— Constitutional Law, Political Law —

Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

September 7, 2019

Facts of the case Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams… Read More Marbury v. Madison 5 U.S. 137 (Feb 24, 1803) Doctrine of Constitutional Supremacy

— Bar Q & A, Labor Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

September 4, 2019

I. A. What are the accepted tests to determine the existence of an employer employee relationship? (5%) SUGGESTED ANSWER The accepted tests to determine the existence of an employer employee relationship are: A) Four-fold Test: The selection and engagement of the employees; The payment of wages The power of dismissal; and The power to control… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN LABOR & SOCIAL LEGISLATION

— Criminal Law —

KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

August 28, 2019

Elements ––  Serious Illegal Detention or Kidnapping with Ransom is punished under Art. 267 of the RPC; the following elements must concur:  (a) the offender is a private individual;  (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty;  (c) the act of detention or kidnapping must be illegal;… Read More KIDNAPPING AND SERIOUS ILLEGAL DETENTION Commission of, Elements; [Recent Rulings and Bar Q & A]

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 18, 2019

I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Bar Q & A, Mercantile Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

August 17, 2019

I. A.  Absolute Timber Co. (ATC) has been engaged in the logging business in Isabela. To secure one of its shipments of logs to be transported by Andok Shipping Co., ATC purchased a marine policy with an all-risk provision, Because of a strong typhoon then hitting Northern Luzon, the vessel sank and the shipment of… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW UP Law Complex

— Criminal Law —

CLASSIFICATION OF FELONIES [And their Penalties]

August 16, 2019

Grave, Less Grave, and Light Felonies Paman v. People G.R. No. 210129, July 05, 2017 [Serious Physical Injuries is a Less Grave Felony] Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. [RPC, Article 9, paragraph (2)] Correctional penalties include prision correccional, arresto mayor, suspension, and… Read More CLASSIFICATION OF FELONIES [And their Penalties]

— Bar Q & A, Political Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

August 15, 2019

I. 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%)  SUGGESTED ANSWER  The Constitution may be amended or revised by the… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN POLITICAL LAW UP Law Complex

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

August 14, 2019

I. 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%) SUGGESTED ANSWER (a) The marriage is voidable, because Ador was afflicted with a serious and incurable sexually-transmitted disease at… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

— Bar Q & A, Labor Law —

Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale

August 13, 2019

Illegal Recruitment v. Estafa People vs. Dela Cruz, G.R. No. 214500, June 28, 2017 It is well-established in jurisprudence that a person may be charged and convicted for both illegal recruitment and estafa. The reason therefor is not hard to discern: illegal recruitment is malum prohibitum, while estafa is mala in se. In the first,… Read More Cases and Bar Q & A in Illegal Recruitment v. Estafa and Illegal Recruitment in Large Scale