Administrative Law, Blog Posts, Law Review Materials, Law Updates

What is a GAG Order pertaining to the Quo Warranto case of ABS-CBN?

Requested on the Supreme Court upon ABS-CBN’s conquest with its outstanding Quo Warranto case with the Office of the Solicitor’s General. On Tuesday the highest lawyer seeks to plea "very urgent motion" asking the high court to issue prohibiting another person to act ABS-CBN’s behalf.

Blog Posts, Criminal Law, Human Rights Law, Law Review Materials, Law Updates

WHAT ARE MIRANDA RIGHTS AND HOW IT STARTED

Miranda Rights is a constitutional privilege and must be performed during an arrest. The accused has the right to remain silent and can request a legal counsel on his behalf. Anything he says can be used against him. If he cannot provide an attorney he will be given one.

Blog Posts, Civil Law, Law Updates

When shall laws in the Philippines take effect?

CIVIL CODE OF THE PHILIPPINES ART.2 Laws shall take effect after fifteen (15) days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by E.O 200) Notes: General Rule: Laws in the Philippines take effect after… Continue reading When shall laws in the Philippines take effect?

Blog Posts, Civil Law, Law Updates, Uncategorized

When may a person be liable for indemnity even when the act was not due to his negligent or fault?

Under Art 23 of the Civil Code of the Philippines, even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benifited. Note: The reason for indemnity is the… Continue reading When may a person be liable for indemnity even when the act was not due to his negligent or fault?

Blog Posts, Case Digests and Doctrines, Law Review Materials, Law Updates, Taxation Law

Non-delegation of the power to tax under the Philippine Taxation Law

(Abakada Guro Party List v. Ermita [469 SCRA 1,122,123-124]) The Supreme Court sustained the constitutionality of R.A. 9337 authorizing the President to increase the VAT rate from 10% to 12% effective January 1, 2006 upon recommendation of the Secretary of Finance on the existence of either of the two conditions. RATIO:AS TO DELEGATION OF POWER:… Continue reading Non-delegation of the power to tax under the Philippine Taxation Law

Blog Posts, Law Updates, Taxation Law

“Destination Principle” and “Cross Border Doctrine’ in Taxation Law

Topic: TERRITORIALITY "Destination Principle" According to the Destination Principle, goods and services are taxed only in the country where these are consumed. "Cross Border Doctrine" In connection with the said principle, the Cross Border Doctrine mandates that no VAT shall be imposed to form part of the cost of the goods destined for consumption outside… Continue reading “Destination Principle” and “Cross Border Doctrine’ in Taxation Law

Blog Posts, Law Updates, Taxation Law

VALENTIN TIO v. VIDEOGRAM REGULATORY BOARD(1987)

The Supreme Court held the levy of 30% tax under P.D. 1987 as for a public purpose, and therefore a valid imposition. Exercise of Regulatory power: The law, according to the Court, was imposed primarily for answering the need for regulating the video industry, particularly because of the rampant film piracy, the flagrant violation of… Continue reading VALENTIN TIO v. VIDEOGRAM REGULATORY BOARD(1987)

Blog Posts, Law Updates, Taxation Law

Limitations on the taxing power doctrines

TAXATION 1 CASES DOCTRINES GOMEZ VS PALOMAR (1968) FACTS: Petitioner questions the constitutionality of R.A. 1635 (AN ACT TO REQUIRE THE PRINTING AND ISSUE OF SEMI-POSTAL STAMPS IN ORDER TO RAISE FUNDS FOR THE PHILIPPINE TUBERCULOSIS SOCIETY) mandating the bearing of Anti-TB stamps on envelopes, as well as its implementing administrative orders, contending that it… Continue reading Limitations on the taxing power doctrines

Blog Posts, Civil Law, Law Updates, Uncategorized

When may a person be liable for indemnity even when the act was not due to his negligent or fault?

Under Art 23 of the Civil Code of the Philippines, even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benifited. Note: The reason for indemnity is the… Continue reading When may a person be liable for indemnity even when the act was not due to his negligent or fault?

Blog Posts, Civil Law, Law Updates

Understanding years, months, days or nights provided by laws

Civil Code of the Philippines (Art 13) When the laws speak of years, months or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirdy days; days, of twenty-four hours; and nights, from sunset to sunrise. If months are designated by their name, they shall be computed by… Continue reading Understanding years, months, days or nights provided by laws

Blog Posts, Civil Law, Law Updates

What is the “Doctrine of Stare Decises” and “Ratio decidendi?”

Doctrine of Stare Decises is also known as the Doctrine of Precedents. It is a legal principle which sets that "judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines." (Art.8, Civil Code of the Philippines) In Investopedia, Doctrine of Stare Decises is defined as… Continue reading What is the “Doctrine of Stare Decises” and “Ratio decidendi?”

Blog Posts, Civil Law, Law Updates

Can rights be waived?

Civil Code of the Philippines Art.6. Rights may be waived, unless the waiver is contrary to LAW, PUBLIC ORDER, PUBLIC POLICY, MORALS, or GOOD CUSTOMS or PREJUDICIAL TO A THIRD PERSON with a right recognized by law. Notes: General Rule: Rights may be waived Exception: contrary to LP- PuMoGoP Law Public Order Public Policy Morals… Continue reading Can rights be waived?

Blog Posts, Civil Law, Law Updates

When shall laws in the Philippines take effect?

CIVIL CODE OF THE PHILIPPINES ART.2 Laws shall take effect after fifteen (15) days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by E.O 200) Notes: General Rule: Laws in the Philippines take effect after… Continue reading When shall laws in the Philippines take effect?