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The Supreme Court decides: The Supreme Court has reiterated that the presumption that a letter was properly delivered, based on a post office’s registry return receipt, does not apply when strong evidence suggests otherwise.

Proof of service of the assailed judgment must be clearly established to properly determine the period for filing an appeal. To this end, the registry return receipt alone will not suffice to prove service through registered mail.

The Supreme Court Decides: Family and Friends’ Testimonies Can Prove Psychological Incapacity in Nullity of Marriage Cases

Sometime in 2006, Jeffery, a United States Navy retiree, met Rowena in a bar owner by Rowena’s mother. At that time they started dating, Jeffery knew Rowena had two children from a previous relationship, and Rowena knew Jeffery was married to another, but that his divorce was still pending.

The Supreme Court decides: Lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of notarial commission.

Photo from Pexels | Kaboompics.com 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 Offices Read more about The Supreme Court decides: Lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of notarial commission.[…]

The Supreme Court decides: Where the accused security professional is licensed to exercise their profession and is equipped with a permit sanctioned by law, possession of the issued firearm under a belief in good faith that it is licensed is a valid defense in a case for illegal possession of firearm.

In the case of Hilario Cosme v. People of the Philippines, the Supreme Court held that where the accused security professional is licensed to exercise their profession and is equipped with a permit sanctioned by law, possession of the issued firearm under a belief in good faith that it is licensed is a valid defense in a case for illegal possession of firearm.

The Supreme Court decides: Under Republic Act No. 11362 also known as the Community Service Act, the court may, in its discretion, and lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, and under such terms as the court shall determine, taking into consideration the gravity of the offense and the circumstances of the case.

Under Republic Act No. 11362 also known as the Community Service Act, the court may, in its discretion, and lieu of service in jail, require that the penalties of arresto menor and arresto mayor be served by the defendant by rendering community service in the place where the crime was committed, and under such terms as the court shall determine, taking into consideration the gravity of the offense and the circumstances of the case.

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.

The Supreme Court decides: A lawyer is not deemed a person in authority within the meaning of Article 177 of the Revised Penal Code

The Supreme Court held that to be convicted of the crime of usurpation of official functions, the following elements must concur:
1. The offender may be a private person or public officer.
2. The offender performs any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.
3. The offender performs the act under pretense of official function.
4. The offender performs the act without being legally entitled to do so.

The Supreme Court decides: Overseas Filipino workers (OFWs) may still exercise parental authority and even sole custody over their children despite being assigned abroad.

In the case of Carnabuci v. Tagaña-Carnabuci, the Supreme Court held that Overseas Filipino workers (OFWs) may still exercise parental authority and even sole custody over their children despite being assigned abroad. The mere fact that a parent is an OFW does not deprive them of their right to exercise parental authority or sole custody.

The Supreme Court decides: Search warrants must clearly define the location to be searched; otherwise, they are invalid for violating the right against unlawful searches and seizures.

Photo from Pexels | Pavel 
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 Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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