A law a day – Lex Animo

Distinction between Rule 45 vs. Rule 65 of the Rules of Court

2023-08-07 administrator

Rule 45	Rule 65
It is a mode of appeal: A continuation of the appellate process over the original case	It is a special civil action: An original action and not a mode of appeal
Intended to review final judgments

A law a day

Double Jeopardy

2022-10-04 administrator

Double Jeopardy presupposes that in a previous trial the case has attached a jeopardy and such was terminated because:

the accused was either acquitted or convicted;
it was dismissed without his express consent.
- Exception: Case where dismissal is with

A law a day News and Articles Notes

SLAPP (Strategic Lawsuit Against Public Participation)

2022-10-032022-10-04 administrator

Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

RULE 6
Section 1. Strategic lawsuit against public participation (SLAPP).
A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution … Read more

A law a day Notes

Bail

2022-09-012022-09-01 administrator

Bail Defined:

Security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified [Sec. 1, Rule 114]

Purpose:… Read more

A law a day Cases Notes

Double Taxation

2021-05-02 administrator

Is double taxation illegal?

No. Double taxation is not illegal, so far as because the 1987 Constitution does not prohibit such exercise. However, it is not favored.

At all events, there is no constitutional prohibition against double taxation in the … Read more

A law a day Notes

Nuisance

2021-03-17 administrator

Art. 694 Nuisance is defined as Any act, omission, establishment, business or condition of property or anything else which: (ISAHO)

Injures/endangers the health or safety of others;
Shocks, defies or disregards decency or morality;
Annoys

A law a day Notes

Harassment by credit collectors for loan – What to do

2020-10-142020-11-16 administrator

We have received questions pertaining to loan harassment over and over and let us address them once and for all.

Unfair collection practices

We have a law that protects consumers against harassment. The Bangko Sentral ng Pilipinas (BSP) Circular 454 … Read more

A law a day Notes

II. Classes of Corporation

2020-07-152020-10-15 administrator

SEC. 3. Classes of Corporations. – Corporations formed or organized under this Code may be stock or nonstock corporations. Stock corporations are those which have capital stock divided into shares and are authorized to distribute to the holders of such … Read more

A law a day Notes

I. Corporation: Introduction

2020-07-012020-10-15 administrator

KINDS OF BUSINESS ORGANIZATIONS IN THE PHILIPPINES

1. SOLE PROPRIETORSHIP – one conducted for profit by a lone or single individual who owns all assets, personally owes and answers all the liabilities or suffers all the losses and enjoys all … Read more

Category: A law a day