Notes – Lex Animo

Provisional Remedies

2024-04-102024-04-10 administrator

Kind	When may be availed	How much Bond should be posted?
Preliminary Attachment	May be sought at anytime but before final judgment	At the sound discretion of the court
Preliminary Injunction
Receivership	At any time, even after judgment	The court

Notes

Affidavit of Desistance and Affidavit of Recantation

2024-01-25 administrator

Definitions:

RECANTATION

Oxford Dictionary:

A statement that one no longer holds a particular opinion or belief; a retraction of a previous statement claiming it as untrue; to renounce;

Legal concept applied in court:

A witness who previously gave … Read more

Cases Notes

Converting to Islam for the Purpose of having a subsequent marriage is still bigamous

2023-12-062024-03-07 administrator

Conversion of a husband who converts to Islam for the purpose of contracting another marriage during the existence of the first marriage is still guilty of bigamy.

A married Muslim cannot marry another, unless in exceptional cases where:
1. The … Read more

A law a day Notes

Distinction between Rule 45 vs. Rule 65 of the Rules of Court

2023-08-07 administrator

Rule 45	Rule 65
It is a mode of appeal: A continuation of the appellate process over the original case	It is a special civil action: An original action and not a mode of appeal
Intended to review final judgments

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

Category: Notes