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Conduct of 2025 Bar Examination – Bar Bulletin No. 1

The Constitution entrusted the Court with the solemn duty to administer the entry to the legal profession. Keeping true to its nature as a court of justice and equity, the Court implemented vital reforms from 2020/2021 to 2024 which are meant to make the Bar Examinations more efficient, technologically-adaptive, and accessible to all examinees in line with the Court’s Strategic Plan for Judicial Innovations 2022-2027. Following this thrust, the 2025 Bar Examinations shall continue to implement the vital reforms introduced during the last four Bar Examinations. Thus, the 2025 Bar Examinations shall remain digitalized and localized following a condensed three-day examination schedule.

Contract Substitution or Alteration: An Act of Illegal Recruitment

Contract substitution or alteration is an act of illegal recruitment. Section 6(i) of the Republic Act No. 8042, as amended, or the Migrant Workers and Overseas Filipinos Act of 1995 provides that to substitute or alter employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment is an act of illegal recruitment.

The Supreme Court Decides: Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct.

The Supreme Court Decides: Premarital sexual relations resulting in pregnancy out of wedlock cannot be considered disgraceful or immoral when viewed against the prevailing norms of conduct. Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution.

No to Yellow Dogs: Yellow Dog Contract is an Unfair Labor Practice

According to the case of PEPSI-COLA PRODUCTS PHILIPPINES, INC. vs. ANECITO MOLON G.R. No. 175002, February 18, 2013, unfair labor practice (ULP) refers to acts that violate the workers’ right to organize. The prohibited acts are related to the workers’ right to self-organization and to the observance of a CBA. Without that element, the acts, no matter how unfair, are not unfair labor practices.

Can a Contract to Sell be considered as a Conditional Contract of Sale?

A contract to sell may not be considered as a conditional contract of sale where the seller may likewise reserve title to the property subject of the sale until the fulfillment of a suspensive condition, because in a conditional contract of sale, the first element of consent is present, although it is conditioned upon the happening of a contingent event which may or may not occur. (Ace Foods, Inc., v. Micro Pacific Technologies Co. LTD, G.R. No. 200602, December 11, 2013)

Can you Partially Pay a Contact to Sell?

Article 1378 of the Labor Code of the Philippines provides that in cases of doubt in the interpretation of onerous contracts, the interpretation should be made in a way that is fair for the parties involved. In this case, the seller was allowed to retain partial payments as just compensation for the buyer’s use of the property even after the contract has been cancelled.

Implied New Lease (Buce vs. Sps. Galeon, G.R. No. 222785, March 2, 2020)

In the above-entitled case, the Supreme Court discussed the elements of an implied new lease under Article 1670 of the New Civil Code of the Philippines, to wit:

(a) the term of the original contract of lease has expired;
(b) the lessor has not given the lessee a notice to vacate; and
(c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor.

eCAR Expiry Ended: No More Expiration for Electric Certificate Authorizing Registration issued for Transferring Real Property (BIR RR 12-2024)

Photo from Pexels | On Shot The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about eCAR Expiry Ended: No More Expiration for Electric Certificate Authorizing Registration issued for Transferring Real Property (BIR RR 12-2024)[…]

Key Takeaways from the New Government Procurement Act (Part XIII)

Under Section 89 of the New Government Procurement Act, all bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation. In the event of an extraordinary increase in prices of specific components of the Infrastructure Project, price escalation may be considered, subject to prior approval of the Government Procurement Policy Board (GPPB). If the cost of construction components increases by more than ten percent (10%) of the unit price of work items, as determined against the prevailing price indices of the Philippine Statistics Authority (PSA), a price escalation may be authorized at a no loss, no-gain basis, using the appropriate formula prescribed by the GPPB. The PSA shall ensure that its price indices are region specific and updated on a monthly basis.