October 2022 – Lex Animo

Nicxon Perez vs. Avegail Perez-Senerpida

2022-10-252022-11-15 administrator

NICXON L. PEREZ, JR.,• PETITIONER, VS. AVEGAIL PEREZ-SENERPIDA, ASSISTED BY HER HUSBAND MR. SENERPIDA, RESPONDENT.
G.R. No. 233365, March 24, 2021

FACTS:

Spouses Eliodoro and Adelita Perez were the registered owners of a parcel of land in Olongapo City. Prior … Read more

Cases Notes

Constitutional Right Against Drug Tests

2022-10-23 administrator

Son of Boying Remulla was arrested for an offense relating to R.A. 9165 (Dangerous Drugs Act). News came around that Remulla refuses to be subjected to a drug test while PDEA said that it will be immaterial.

PDEA in this … Read more

Notes

Founders’ Shares

2022-10-122022-10-12 administrator

The Revised Corporation Code provides:

SEC. 7. Founders’ Shares. – Founders’ shares may be given certain rights and privileges not enjoyed by the owners of other stocks. Where the exclusive right to vote and be voted for in the … Read more

Notes

Capital Gains from Sale of Real Property

2022-10-08 administrator

Section 24. Income Tax Rates (D)

General Rule:

Final Tax for sale of real property is 6% of the total gross selling price or current fair market value, whichever is higher.

Capital gains is presumed to have been realized … Read more

Notes

Freedom of Speech is not Absolute

2022-10-05 administrator

Article III,
Section 4. No law shall be passed abridging the freedom of speech, of expression and of the press, and the right of the people to peaceably assemble and petition the government for redress of grievances.

While freedom … Read more

A law a day

Double Jeopardy

2022-10-04 administrator

Double Jeopardy presupposes that in a previous trial the case has attached a jeopardy and such was terminated because:

the accused was either acquitted or convicted;
it was dismissed without his express consent.
- Exception: Case where dismissal is with

A law a day News and Articles Notes

SLAPP (Strategic Lawsuit Against Public Participation)

2022-10-032022-10-04 administrator

Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

RULE 6
Section 1. Strategic lawsuit against public participation (SLAPP).
A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution … Read more

Cases Digests

People vs Rodriguez (G.R. 211721), 2017

2022-10-012022-10-01 administrator

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
vs.
WILLINGTON RODRIGUEZ y HERMOSA, Accused-Appellant
G.R. No. 211721, September 20, 2017

Facts:

On August 2006, PO1 Escober was designed to pose as a customer, with PO2 Bereber as back-up, during their Oplan Bugaw for … Read more

Month: October 2022