Bullying in schools: Who should be liable?
When an academic institution accepts students for enrollment there is established a contract between them, resulting in bilateral obligations which both parties are bound to comply with.
Category: Legal Articles
Safety of Passengers under the Civil Code
Common carriers are required to exercise extraordinary diligence for the safety of their passengers, with any injury or death creating a legal presumption of negligence on their part. However, as clarified in Mariano v. Callejas (G.R. No. 166640), this duty does not make them absolute insurers of passenger safety.
Impeachment vs. Quo Warranto
Under Article 11, Section 1 of the 1987 Constitution, the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
Adultery vs. Concubinage
The elements of the crimes of adultery and concubinage, as well as the imposable penalties, are provided under Articles 333 and 334 of the Revised Penal Code.
SC Upholds Validity of Unwritten Sale of Land
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Simple Theft vs. Qualified Theft
Under the Revised Penal Code, theft is the taking of another’s personal property without consent and without violence or force, done with intent to gain. When committed under certain aggravating circumstances, the offense becomes qualified theft, warranting a higher penalty.
[Intern Insights] The Fire That Fear Lit
There’s a special kind of courage in choosing to show up even when you’re uncertain, in saying
yes to something new even when doubt whispers louder than confidence. That’s how my
internship journey began; not with grand certainty, but with quiet fear and a burning desire to
grow. I did it scared. I stepped closer to the flame, unsure if it would burn or refine me. And in
doing so, I found the fire I didn’t know I needed to ignite.
Independent Contractors
An independent contractor is one who carries a distinct and independent business and undertakes to perform the job, work, or service on its own account and under one’s own responsibility according to one’s manner and method, free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof.
Bunkhouse Rule
The basis of compensability under the Bunkhouse Rule is when employees are required by the nature of their work to stay within the premises of their respective employers. (Arguilles v. Wilhelmsen Smith Bell Manning, Inc., G.R. No. 254586)
Use of familial terms shows the nature of the accused’s relationship to the victim (People of the Philippines vs. BBB254878, G.R. No. 254878, October 22, 2024)
In the case of People of the Philippines vs. BBB254878, G.R. No. 254878, October 22, 2024, the Supreme Court reiterated that the use of specific familial terms, like niece or uncle, is adequate to inform the accused of the nature of the relationship between him and the victim, thereby meeting the requirements of the law. There is no ambiguity in the case. The Information explicitly stated that:
(1) AAA was only 8 years old when the incident happened, and
(2) AAA is accused-appellant’s own niece.
While the Information did not specify the degree of relationship between AAA and accused-appellant, it nevertheless directly, and in layman’s terms, conveyed the nature of the relationship.