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The Supreme Court decides: Letting customers listen to a short 20-second sample of a ringtone before buying does not violate copyright laws.

The doctrine of fair use allows the courts to deviate from strictly applying the copyright laws when their rigid application would stifle the creativity that they are designed to foster and when it would frustrate the State’s function to promote the diffusion of knowledge and information.

The Supreme Court decides: An employment contract, like any other contract, is perfected at the moment the parties come to agree upon its terms and conditions, and thereafter, concur in the essential elements thereof.

On April 1, 2016, petitioner Paolo Landayan Aragones (Aragones) was offered the position Swine Technical Manager – Pacific (STMP) by respondent Alltech Biotechnology Corporation (Alltech). On April 18, 2016, Aragones signed the Offer Letter dated April 1, 2016.
The Offer Letter outlines the terms and conditions for the position, including the commencement date of his employment which is July 1, 2016.

The Supreme Court decides: A declaration of nullity of marriage based on the psychological incapacity of one or both spouses under Article 36 should not affect the status of the children in accordance with Article 54 of the Family Code.

The instant case stemmed from the Petition filed by Linney seeking the declaration of nullity of her marriage with Ramer before the trial court, invoking psychological incapacity under Article 36 of the Family Code.

Supreme Court Holds School Liable for Negligence in Bullying Incident

In 2007, Rhys Palaganas (Rhys) was enrolled as a grade school student at Mother Goose School in Dagupan City, Pangasinan. He was classmates with Noel Fernandez (Noel) and Mark Dy (Mark).
On January 19, 2007, Noel lost his mechanical pencil during Music class. Rhys found Noel’s pencil and brought it home. Few days after, Noel noticed that Rhys was using his mechanical pencil during Filipino class. Noel allowed Rhys to use the pencil because Rhys had no pencil at that time. However, Rhys forgot to return the pencil at the end of the day.

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.