Bar Q & A, Constitutional Law, International Law, Political Law

PART II  SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law UP Law Complex

B.11.  Atty. Gran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both won convincingly. Eventually, the losing candidates timely filed election protests. The losing gubernatorial candidate, Mr. A, filed his protest before the Regional Trial Court of Pampanga (RTC), whereas… Read More PART II  SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law UP Law Complex

Bar Q & A, Constitutional Law, Political Law

SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law (Part 1) UP Law Complex

PART 1  Define the following terms:  (a) Jus cogens (2%)  SUGGESTED ANSWER:  A.1.  Jus cogens is “a peremptory norm of general international law accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of… Read More SUGGESTED ANSWERS TO THE 2019 BAR EXAMINATIONS Political and International Law (Part 1) UP Law Complex

Criminal Law, Remedial Law

People vs. Eddie Manansala, G.R. No.233104, September 2, 2020 CCTV, Rules on Electronic Evidence, Murder, Treachery, Circumstantial Evidence

FACTS: Accused-appellant Eddie Manansala  On November 2, 2013, at around 8 o’clock in the evening, brothers Edward and Elmer Reyes were in front of their rented apartment owned by the victim Armando Ramos who also resides there, when suddenly they heard a gunshot inside the house. Edward then saw Manansala facing towards the direction of… Read More People vs. Eddie Manansala, G.R. No.233104, September 2, 2020 CCTV, Rules on Electronic Evidence, Murder, Treachery, Circumstantial Evidence

Civil Law

Jesse Lucas v. Jesus Lucas G.R. No. 190710, June 6, 2011 Paternity and Filiation, DNA Evidence

FACTS: On July 26, 2007, petitioner, Jesse U. Lucas, filed a Petition to Establish Illegitimate Filiation (with Motion for the Submission of Parties to DNA Testing) before the RTC.  Petitioner narrated that sometime in 1967, his mother, Elsie, met respondent, Jesus S. Lucas, and they became lovers. Elsie got pregnant,  and on March 11, 1969,… Read More Jesse Lucas v. Jesus Lucas G.R. No. 190710, June 6, 2011 Paternity and Filiation, DNA Evidence

Criminal Law

People v. Miraña G.R. No. 219113, April 25, 2018 Insanity as Defense

FACTS: Dominga Agnas Vda. De Globo, a seventy-three year old woman, was allegedly chased by accused-appellant Roland Miraña, with a bolo. After the incident, Dominga’s brother advised her not to go back to her house and to report the incident to the barangay. Unfortunately, the victim did not heed the advice and returned to her… Read More People v. Miraña G.R. No. 219113, April 25, 2018 Insanity as Defense

Civil Law, Remedial Law

Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

FACTS: Since May 1998, petitioner Jose Z. Moreno and his family, as lessees, have been occupying two (2) parcels of land covered by TCT Nos. 181516 and 181517 (subject lands) co-owned by his full-blooded sister, respondent Consuelo Moreno Kahn­Haire and her children, Rene, Luis, Philippe, and Claudine. In 2003, respondents offered to sell to Jose… Read More Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

Law School

SC Approves The Rules on Unified Legal Aid Service (ULAS Rules)

The Supreme Court En Banc has approved The Rules on Unified Legal Aid Service (ULAS Rules) which mandates covered lawyers to render at least 60 hours of pro bono legal aid every three years in favor of indigent Filipinos, as defined in the ULAS Rules. The ULAS Rules is a product of extensive deliberations and studies made over the course of more than a year… Read More SC Approves The Rules on Unified Legal Aid Service (ULAS Rules)

Civil Law

Republic v. Claur G.R. No. 246868. February 15, 2022 Psychological Incapacity, Declaration of Nullity of Marriage

FACTS: Angelique Pearl Claur testified that she and Mark Claur were schoolmates in high school when they became girlfriend and boyfriend.  During their relationship, they would alternately  break up and reconcile. When they went to different universities for college, their fights became worse. They would curse each other and sometimes their quarrels would turn physically… Read More Republic v. Claur G.R. No. 246868. February 15, 2022 Psychological Incapacity, Declaration of Nullity of Marriage

Law School

Ocampo v. Ocampo G.R. No. 187879, July 5, 2010 Special Administrator, Intestate Proceedings

FACTS: Petitioners are the surviving spouse and the children of Leonardo Ocampo. Leonardo and his siblings, respondents Renato Ocampo and Erlinda Ocampo are the legitimate children and only heirs of  Spouses Vicente and Maxima Ocampo, who died intestate leaving several properties, no will and no debts. Petitioners initiated a petition for intestate proceedings. Respondents filed… Read More Ocampo v. Ocampo G.R. No. 187879, July 5, 2010 Special Administrator, Intestate Proceedings