Lex Animo – Page 2

Freedom of Speech is not Absolute

2022-10-05 administrator

Article III,
Section 4. No law shall be passed abridging the freedom of speech, of expression and of the press, and the right of the people to peaceably assemble and petition the government for redress of grievances.

While freedom … Read more

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

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

Cases Digests

People vs Rodriguez (G.R. 211721), 2017

2022-10-012022-10-01 administrator

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
WILLINGTON RODRIGUEZ y HERMOSA, Accused-Appellant
G.R. No. 211721, September 20, 2017

Facts:

On August 2006, PO1 Escober was designed to pose as a customer, with PO2 Bereber as back-up, during their Oplan Bugaw for … Read more

News and Articles

Tests For Constitutionality of Law or Ordinances

2022-09-292022-09-29 administrator

Balancing of interest test

a test used for weighing which right is more important (i.e. liberty rights are more important than property rights)sample:A applied for a job in B’s company; B will accept in condition that A will not join

Notes

Amendments versus Revisions of the Constitution

2022-09-292022-09-29 administrator

How to Amend or Revise the Constitution

Vote of 3/4 of all members of Congress
By Constitutional Convention
1. By vote of 2/3 of all its members
2. Majority of all members – submit to electorate the question of calling for such

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

Cases Digests Notes

Treyes vs. Larlar (G.R. No. 232579)

2022-08-23 administrator

DR. NIXON L. TREYES, PETITIONER, V. ANTONIO L. LARLAR, REV. FR. EMILIO L. LARLAR, HEDDY L. LARLAR, ET AL., RESPONDENTS.

G.R. No. 232579, September 08, 2020

CAGUIOA, J.:

FACTS:

Rosie Larlar Treyes died intestate and without a child. … Read more

Cases Digests

Neri vs Heirs of Hadji Yusop Uy

2022-06-01 administrator

Neri vs Heirs of Hadji Yusop Uy
GR No 194366
October 10, 2012
PERLAS-BERNABE, J.:

Facts:
Anunciacion, had seven children, 2 from her 1st marriage (Eutropia and Victoria), and 5 from her 2^nd husband, Enrique (Napoleon, … Read more

Notes

Guidelines of Psychological Incapacity under Molina Case (Molina Doctrine Updates)

2022-05-11 administrator

The applicability of Article 36 of the Family Code was applied in the case of Republic vs. Molina (268 SCRA 198), which became the standard guideline in psychological incapacity. This case also became to be known as the Molina Doctrine … Read more

Neri vs Heirs of Hadji Yusop Uy GR No 194366 October 10, 2012 PERLAS-BERNABE, J.:

Neri vs Heirs of Hadji Yusop Uy
GR No 194366
October 10, 2012
PERLAS-BERNABE, J.: