In general, a partition is the separation, division, and assignment of a thing held in common among those to whom it may belong. Every act intended to put an end to indivision among co-heirs is deemed to be a partition. (Heirs of Jarque v. Jarque, G.R. No. 196733, November 21, 2018)
Republic Act (RA) No. 11235 or the Motorcycle Crime Prevention Act was enacted in view of the declared policy of the State under Article II, Section 5 of the 1987 Constitution, which provides that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy. It is hereby declared the policy of the State to secure and safeguard its citizenry from crimes committed with the use of motorcycles through bigger, readable and color-coded number plates and identification marks.
The Supreme Court ruled that in drug-related cases, prosecutors are required to present all their objections to a proposed plea bargain at once; otherwise, any grounds not mentioned will be deemed waived.
Photo from Unsplash | Mert Çetin 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 Preventive Suspension[…]
The Court is always guided by the principle that rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. Simply put, the rules of procedure should facilitate an orderly administration of justice. They should not be strictly applied causing injury to a substantive right of a party to case.
Photo from Pexels | Andrea Piacquadio 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 Grave Coercion vs. Light Coercion[…]
The ban on direct hiring prohibits employers from hiring Filipino workers for overseas employment except through the Boards and authorized entities. However, exceptions include members of the diplomatic corps, international organizations, employers approved by the Secretary of Labor, and name hires
Under Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004, a protection order is an order issued for the purpose of preventing further acts of violence against a woman or her child and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.
Commodatum is a contract of loan wherein one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it.
Mutuum or simple loan is a contract of loan wherein money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. (Article 1933, New Civil Code)
The Supreme Court found two Shakey’s managers guilty of theft for withholding service charges from employees. The Court ruled that all five elements of theft were present: (1) there was a taking; (2) of property belonging to another; (3) done with intent to gain; (4) without the owner’s consent; and (5) without violence or force. The Court clarified that the crime was not qualified theft because the victims were fellow employees, not the employer; thus, there was no relationship of trust or confidence between them. Absent this qualifying element, petitioners were only convicted of theft in its simple form.
