Philippine Law Updates
Philippine Law Updates is a podcast about relevant Philippine laws and jurisprudence compiled by Amicus Juris Production, a group of volunteer lawyers and law students based in Iloilo City and the Ilonggo Volunteer Lawyers (IVL). Excerpts from Supreme Court decisions are featured in this podcast.
Episodes
21 episodes
AIKO YOKOGAWA-TAN versus JONNELL TAN AND THE REPUBLIC OF THE PHILIPPINES [ G.R. No. 254646, October 23, 2023 ]
The existence of grounds for legal separation does not foreclose the possibility of psychological incapacity.#nullityofmarriage#philippinelawonmarraige#supremecourtdecision
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Season 2
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Episode 8
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9:09
FRANCHESKA ALEEN BALABA BUBAN, PETITIONER, VS. NILO DELA PEÑA,* RESPONDENT. [ G.R. No. 268399, January 24, 2024 ]
"A dismissed employee is entitled to moral damages when the dismissal is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy." Bad faith connote...
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Season 2
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Episode 7
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7:04
SPOUSES CHRISTOPHER AND CARMEN NUÑEZ, PETITIONERS, VS. DR. HENRY DAZ, RESPONDENT. [ G.R. No. 246489, January 29, 2024 ]
It cannot be overemphasized that Dr. Daz cannot be assumed to be responsible for the bursting of the water bag. Precisely, that it gave way cannot be attributed to his fault. It goes deep into a discussion on the instrument itself or its dilapi...
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Season 2
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Episode 6
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9:15
MALAKI AND SALANATIN-MALAKI VS. PEOPLE OF THE PHILIPPINES [ G.R. No. 221075. November 15, 2021 ]
A party to a civil marriage who converts to Islam and contracts another marriage, despite the first marriage's subsistence, is guilty of bigamy. Likewise guilty is the spouse in the subsequent marriage. Conversion to Islam does not operate to e...
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Season 2
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Episode 6
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3:47
XXX, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [ G.R. No. 252739, April 16, 2024 ]
Pursuant to its policy to protect the safety, health, and welfare of women and children, the State has a duty to acknowledge the different, but no less damaging forms, that violence and abuse can take, to provide meaningful safeguards that conc...
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Season 2
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Episode 5
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8:53
GEORGE MANANTAN, petitioner, vs. THE COURT OF APPEALS, SPOUSES MARCELINO NICOLAS and MARIA NICOLAS, respondents. (G.R. No. 107125, January 29, 2001)
This is a petition for review of the decision dated January 31, 1992 of the Court of Appeals in CA-G.R. CV No. 19240, modifying the judgment of the Regional Trial Court of Santiago, Isabela, Branch 21, in Criminal Case No. 066. Petitioner Georg...
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Season 2
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Episode 4
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5:33
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE P. RAGUDO, JR., ACCUSED-APPELLANT. [ G.R. No. 267795, April 15, 2024 ]
Article 12 of the Revised Penal Code provides that one of the circumstances that is exempt from criminal liability is when a person is insane, unless they have acted during a lucid interval. Insanity in the context of this exempting...
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Season 2
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Episode 3
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8:57
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CYNTHIA GO MORENO, PEPITO A. MAGUILIMOTAN, NONELA N. VILLEGAS, MARILYN P. FLORDELIZA, AND GERTRUDES D. ABABON, ACCUSED. AUGUSTUS CAESAR L. MORENO AND EVANGELINE D. MANIGOS, ACCUSED-APPELLANTS. [ G.R. No.
The right to speedy disposition of cases is provided for in Section 16, Article III, of the 1987 Constitution. In determining whether the right to speedy disposition of cases has been violated, the following guidelines in this Supreme Court dec...
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Season 2
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Episode 2
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4:54
ROSELYN AGACID Y DEJANIOVS. PEOPLE OF THE PHILIPPINES, et. al. [ G.R. No. 242133, April 16, 2024 ]
Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 also applies even if the perpetrator is a woman, so long as the victim is a woman.
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Season 2
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Episode 1
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4:51
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LUCKY ENRIQUEZ Y CASIPI, ACCUSED-APPELLANT. [ G.R. No. 264473, August 07, 2024 ]
The police officers were obliged to give the appellant notice, show to her their authority, and demand that they be allowed entry. They may only break open any outer or inner door or window of a house to execute the search warrant if, after suc...
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Season 1
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Episode 27
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9:59
ARNOLD D. NAVALES, REY C. CHAVEZ, ROSINDO J. ALMONTE, AND ALFONSO E. LAID, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.[ G.R. No. 219598, August 07, 2024 ]
As to the third element of a violation of Section 3 (e) of RA 3019 or the Anti-Graft and Practices Act, the Court finds that the same is also absent. Case law identifies the two ways by which said section may be committed, namely: (a) cau...
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Season 1
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Episode 26
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11:59
ARSENIO MANAGUELOD Y TANDAYU, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT [ G.R. No. 261612, August 14, 2024 ]
In order to secure a conviction of an accused under Section 32 of Republic Act No. 7166, the prosecution must prove that: (a) the person is bearing, carrying, or transporting firearms or other deadly weapons; (b) such possession occurs during t...
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Season 1
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Episode 25
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10:54
ROGELIO GARALDE MENDAROS, ROMEO DELA CRUZ, JR., JULIUS CAESAR GUTIERREZ, REY ABALOS, JEREMIAH MUGA, KING MICHAEL MUIT, AND JUNE SUAREZ, PETITIONERS, VS. LAZADA E-SERVICES PHIL., INC./ALLAN DAVID ANCHETA, RESPONDENTS. [ G.R. No. 257821, August 19, 2024 ]
In this 2024 decision, the Supreme Court recognized another classification of employment which is the fixed-term. A fixed-term employment is an arrangement wherein an employee is hired for projects with pre-determined completion or in a work wh...
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Season 1
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Episode 24
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4:04
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BENJAMIN OLIDAN Y ERLANDEZ, CRISPIN ARANETA Y PELAEZ, LYNFER BICODO Y BAYLON, ROGELIO CALORING,** ANNABELLE OLIDAN Y ARANETA, GODOFREDO NAVANES Y LORENZO,*** PO1 JOSE LONMAR ZAPATOS Y FIEL, AND PO1 ANTONI
It is necessary that a conspirator should have performed some overt act as a direct or indirect contribution to the execution of the crime committed. The overt act may consist of active participation in the actual commission of the...
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Season 1
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Episode 24
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11:02
MARCELINO DELA CRUZ LINGGANAY, PETITIONER, VS. DEL MONTE LAND TRANSPORT BUS COMPANY, INC. AND NARCISO MORALES, RESPONDENTS. [ G.R. No. 254976, August 20, 2024 ]
An employer cannot legally be compelled to continue with the employment of a person admittedly guilty of gross negligence in the performance of his duties. This holds true specially if the employee's continued tenure is patently inimical to the...
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Season 1
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Episode 23
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6:04
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DIOSDADO REBUTON Y MELENDEZ A.K.A. "DADO" AND MARILOU REBUTAZO Y ENCABO A.K.A. "LOI," ACCUSED; MARILOU REBUTAZO Y ENCABO A.K.A. "LOI," ACCUSED-APPELLANT. [ G.R. No. 224581, October 09, 2024 ]
The absence of the insulating witnesses at the time of apprehension and for approximately 30 minutes thereafter constituted a significant gap in the chain of custody, which casts reasonable doubt as to the identity and integrity of the corp...
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Season 1
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Episode 22
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4:40
IN THE MATTER OF THE PETITION FOR ISSUANCE OF A WRIT OF AMPARO IN FAVOR OF HENRY V. TAYO, JR., ALIAS "MAGELAN TAYO," HIEZEL V. TAYO, MERLINA V. TAYO, AND HENRY C. TAYO, SR., PETITIONERS, VS. PMAJ JOERY T. PUERTO, STATION COMMANDER OF BACOLOD CITY POLICE S
A disappearance has a doubly paralyzing impact: on the victim, who is removed from the protection of the law, frequently subjected to torture and in constant fear for their lives; and on their families, ignorant of the fate of their loved ones,...
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Season 1
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Episode 21
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7:14
ROEL GEMENTIZA PADILLO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [ G.R. No. 271012, October 09, 2024 ]
For the valid issuance of a search warrant, specific requisites must be met to prevent abuse of power, viz.: (1) probable cause is present; (2) such probable cause must be determined personally by the judge; (3) the judge must examine, in writi...
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Season 1
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Episode 20
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3:51
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO DELA CRUZ Y TOLENTINO, ACCUSED-APPELLANT., (G.R. No. 267163, October 29, 2024)
The mental disability of the victim was not disputed. However, the victim's level of disability has not been equated to a specific "mental age." Evidence must be adduced to aid the court in determining not only the existence of the illne...
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Season 1
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Episode 19
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9:47
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SIM O. MATA, JR., ACCUSED-APPELLANT. [ G.R. No. 255703, October 23, 2024 ]
It is true that under Section 481 of R.A. No. 7160, otherwise known as the "Local Government Code of 1991," a legal officer, such as Mata, is required to render his opinion on any question of law when requested to do so by his appointing author...
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Season 1
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Episode 18
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6:11
PACIFIC OCEAN MANNING, INC. AND/OR V. SHIPS UK LTD./NORDIC AMERICAN TANKERS LIMITED, PETITIONERS, VS. NICOLAS F. BOBILES, RESPONDENT. [ G.R. No. 259982, October 28, 2024 ]
Areferral to a third doctor is mandatory when: (1) there is a valid and timely assessment by the company-designated physician, and (2) the seafarer-appointed doctor refuted such assessment. A seafarer's compliance with the POEA-SEC ...
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Season 1
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Episode 17
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5:44
