Category Archives: Legal Maxim

The accused can be convicted of simple illegal possession of firearms, provided that “no other crime was committed by the person arrested

                However, as to petitioner’s conviction for illegal possession of firearms, such judgment must be set aside. We find that he can no longer be held liable for such offense since another crime was committed, i.e., rape. D. 1866, as … Continue reading

Posted in Criminal Law, Criminal Liability, Illegal Possesion of Firearm, Illegal Possesion of Firearms, Legal Maxim, Penal Code, RA 8294 | Tagged , | 1 Comment

Are Illegitmate children entitled also to death benefit of their father?

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R. A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of statutory construction, … Continue reading

Posted in ECC, Labor Law, Legal Maxim, Pension/Retirement, SSS, Statutory Construction | Leave a comment

What do the legal maxims “Animi sermo est” (speech is the index of intention) and “Verba legis non est recedendum” (from the words of a statute there should be no departure) mean?

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R. A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of statutory construction, … Continue reading

Posted in Legal Maxim, Question and Answers, Statutory Construction | Tagged | Leave a comment

Guidelines for the interpretation and application of Psychological Incapacity

n Molina, the  Court laid down the Guidelines for the interpretation and application of Article 36 of the Family Code of the Philippines Of course, the law recognizes that not all marriages are made in heaven. Imperfect humans more often … Continue reading

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State policy on the inviolability of marriage has been enshrined in Article 1 of the Family Code , hence, any doubt as to the validity of a marriage is to be resolved in favor of its validity. Semper praesumitur pro matrimonio

At this juncture, it is imperative that the parties be reminded of the State’s policy on marriage. Article XV of the Constitution mandates that: SEC. 1. The State recognizes the Filipino family as the foundation of the  nation. Accordingly, it … Continue reading

Posted in Civil Law, Family Code, Legal Maxim | Tagged , , | Leave a comment

Allegation

As we have explicitly ruled in Machica v. Roosevelt Service Center, Inc.: The rule is that one who alleges a fact has the burden of proving it; thus, petitioners were burdened to prove their allegation that respondents dismissed them from … Continue reading

Posted in Evidence, Labor Law, Legal Maxim | Tagged , | Leave a comment