Category Archives: Quotations

Substantial Justice and Procedural Rules

We reiterate what we have stated in Yao v. Court of Appeals[33] that: In the interest of substantial justice, procedural rules of the most mandatory character in terms of compliance, may be relaxed. In other words, if strict adherence to … Continue reading

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Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Hence, “Sweetheart Theory” as a Defense is Unacceptable.

Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Petitioner claims that AAA welcomed his kisses and touches and consented to have sexual intercourse with him. They engaged in these … Continue reading

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Whether under the present set up (LGC) the power of the Land Registration Office (“LTO”) to register, tricycles in particular, as well as to issue licenses for the driving thereof, has likewise devolved to local government units?

Coming up to this Court, petitioners raise this sole assignment of error, to wit: Oldmisâ o “The Court of Appeals [has] erred in sustaining the validity of the writ of injunction issued by the trial court which enjoined LTO from … Continue reading

Posted in Definitions, DOTC, Land Transportation and Traffic Code, LGU, LTFRB, LTO, Question and Answers, Quotations | Tagged , , , , , | Leave a comment

The glaring absence of maliciousness in the assailed portion of the news article subject of this case negates the existence of probable cause that libel has been committed by the accused

Libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a … Continue reading

Posted in Definitions, Freedom of the Press, Libel, Privileged Communications, Probable Cause, Quotations | Leave a comment

The meaning and scope of equal protection; when the classification of the subjects of legislation valid?

In City of Manila v. Laguio, Jr.,[17] this Court expounded the meaning and scope of equal protection, thus: Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. … Continue reading

Posted in Constitutional Law, Constitutional Rights, Definitions, Equal Protection, Legislation, Question and Answers, Quotations | Tagged | Leave a comment

After the expiration of the one-year period from the issuance of the registration decree upon which it is based, the title becomes incontrovertible

Further, the CA, in its Decision dated 17 August 2007, correctly observed that a certificate of title serves as evidence of an indefeasible title and after the expiration of the one-year period from the issuance of the registration decree upon … Continue reading

Posted in Agrarian Reform, CARP, Certificate of Title, Land, Quotations | Tagged | Leave a comment

There being no final judgment of disqualification yet at the time of candidate’s proclamation, it was grave error for the COMELEC En Banc to rule that one’s proclamation was illegal and premature

The petition presents the following issues for resolution: (1) whether the petition in SPA No. 10-074 (DC) was timely filed; (2) whether Gonzalez was validly proclaimed as the duly elected Representative of the 3rdDistrict of Albay in the May 10, … Continue reading

Posted in COMELEC, Disqualification, Election Code, Proclamation, Quotations | Tagged | Leave a comment