Adoption

The primary legal source for domestic adoption in the Philippines is RA 8552. Its short name is Domestic Adoption Act of 1998 and its complete name is AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES. Full text This post only give the highlights of adoption. […]

Inspirational Quotes from Cases 1

The highest court of the land does not all the time speak in highfalutin legalese words but sometimes speaks in languages that are highly-relatable to the most ordinary man, endearing, spiritual, and sometimes even Biblical/Quranic and poetic. Here are curated quotes from Supreme Court cases that I find somewhat timeless and resonating where I may […]

Generic vs Qualifying Aggravating Circumstances

Condition Generic Qualifying 1.) Increase of Penalty To max period without exceeding the limit Gives the crime proper name; Place the author of the crime in a situation where there is no other penalty that applies but that which is provided by the law 2.) Offset by mitigating May be compensated by mitigating Cannot be […]

Ordinary vs Privileged Mitigating Circumstances

Condition Ordinary Mitigating Privileged Mitigating 1.) Offset by Aggravating Circumstances Susceptible Cannot be 2.) Effect to penalty Applies the minimum penalty in the period (does not go down to another period) Lowers the penalty by one or two degrees (may go down to another period) 3.) Both: Reduces penalty but do not change the nature […]

Zulueta vs. Pan Am Digest

G.R. No. L-28589 January 8, 1973Full Text LinkAuthor: Bryan VillarosaComplete Names of PartiesRAFAEL ZULUETA, ET AL., plaintiffs-appellees,vs.PAN AMERICAN WORLD AIRWAYS, INC., defendant-appellant. THESIS STATEMENT Pan American World Airways (on this motion for reconsideration) insists that the COMPROMISE AGREEMENT they made with Mrs. Carolina Zulueta IS VALID on the grounds that THE DAMAGES DID NOT arise […]

China Bank vs. Ortega Digest

CHINA BANK VS ORTEGAG.R. No. L-34964 January 31, 1973 THESIS STATEMENT China Bank refused to comply with a court order garnishing (seize to settle debt) the bank deposit of a judgment debtor invoking that the order does not fall under exceptions of Section 2 Republic Act No. 1405. FACTS Respondent Vicente Acaban filed a complaint in the […]

Abellana vs. Marave Digest

TWO ABELLANA’S VS. JUDGE MARAVEG.R. No. L-27760 May 29, 1974Full text THESIS STATEMENT Petitioners CRISPIN and FRANCISCO ABELLANA insisted that the Responded Judge acted with grave abuse of discretion arguing that he should have dismissed the civil action against them because there’s already a criminal action on appeal. WHAT ARE THE RELIEFS SOUGHT? DISMISSAL of […]

Perfecto v. Meer Digest

INDEXES and FULL TEXT https://lawphil.net/judjuris/juri1950/feb1950/gr_l-2348_1950.htmlDoes taxing an officer of the Court constitute a diminution of his salary and is therefore unconstitutional?GREGORIO PERFECTO, plaintiff-appellee, (Judge)vs.BIBIANO MEER, Collector of Internal Revenue, defendant-appellant.G.R. No. L-2348 THESIS Justice Gregorio Perfecto filed a case against Internal Revenue Commissioner on the ground that taxing the salary of judges equates to diminution […]

Nitafan v. Commissioner of Internal Revenue Digest

INDEXES and FULL TEXT https://lawphil.net/judjuris/juri1987/jul1987/gr_78780_1987.htmlDAVID G. NITAFAN, WENCESLAO M. POLO, and MAXIMO A. SAVELLANO, JR., petitioners,vs.COMMISSIONER OF INTERNAL REVENUE and THE FINANCIAL OFFICER, SUPREME COURT OF THE PHILIPPINES, respondents.G.R. No. 78780July 23, 1987 THESIS Petitioner judges seek to prohibit respondent tax and court financial officers from making any deduction from their salary through the withholding tax.  Petitioner […]