PROJECT JURISPRUDENCE

The Supreme Court has ordered the Philippine Charity Sweepstakes Office (PCSO) to pay a man who won a Lotto 6/42 draw, but whose ticket was partially blackened with a flat iron. In a 17-page Decision penned by Associate Justice Jhosep Y. Lopez, the Court’s Second Division denied the petition for review on certiorari filed by the PCSO which sought to set aside the Decision and Resolution of the Court of Appeals (CA) affirming the Decision of the Regional Trial Court (RTC) of Balayan, Batangas in Civil Case No. 5353. The said RTC Decision ordered the PCSO to pay respondent Antonio F. Mendoza (Mendoza) the amount of P12,391,600.00 as payment for the Lotto 6/42 jackpot prize. On October 2, 2014, Mendoza placed three bets for the Lotto 6/42 draw via “lucky pick” at a lotto outlet in Batangas. The next morning, he learned that one of his “lucky pick” number combinations won. Unfortunately, his granddaughter crumpled his winning ticket. Mendoza’s daughter, in an attempt to straighten the tick

LAW ON LEGAL AND COURT PROCESSES: A RULE-BY-RULE EXPOSITION PUBLISHED ONLY VIA PROJECT JURISPRUDENCE - PHILIPPINES   -oOo-   MARK ANGELO S. DELA PEÑA To cite this online book, please use the following: Dela Peña. 2023. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. Published: September 20, 2023. Link: [Insert link] Last accessed: [Insert date of access]. x---------------------------------------------x RULE 9: EFFECT OF FAILURE TO PLEAD Failure to plead occurs when a defending party fails to submit a responsive pleading for the purpose of resisting the claims of the claiming party. Insofar as defendants are concerned, they may be declared in default if they fail to file an answer. The same is true for defendants in a counterclaim, cross-claim defendants, third-party defendants, and defendants in an intervention. DEFENSES AND OBJECTIONS NOT PLEADED Defenses and objections not pleaded either in a motion to dismiss

A sum of money received by an employee on behalf of the employer is merely in the material, not juridical, possession of the employee; hence misappropriation of such money does not constitute estafa. Thus, reiterated the Supreme Court’s First Division, in a Decision penned by Justice Jose Midas P. Marquez, as it ordered on ground of reasonable doubt the acquittal for estafa of a former employee of the Philippine Public School Teachers Association (PPSTA). In 2017, Danica L. Medina was convicted of estafa under Article 315, paragraph (1)(b) of the Revised Penal Code (RPC) by the Regional Trial Court (RTC) of Baguio City. Medina’s conviction was subsequently affirmed by the Court of Appeals (CA). On review, the Supreme Court held that it cannot affirm the conviction of Medina for estafa, nor convict her of any other crime because the judgment of the RTC was based on a misapprehension of facts. A former Regional Office Staff at PPSTA CAR Regional Office, Med

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The Supreme Court has upheld the validity of Section 106(d) of the Customs Modernization and Tariff Act, which limits the powers of customs brokers. The Court’s Second Division, through Justice Antonio T. Kho, Jr., denied the Petition for Review on Certiorari filed by the Chamber of Customs Brokers, Inc. (CCBI). The petition assailed the rulings of the Court of Appeals (CA) and the Regional Trial Court which had denied CCBI’s petition for declaratory relief challenging Republic Act No. (RA) 10863 or the Customs Modernization and Tariff Act (RA 10863). In 2004, Congress enacted RA 9280 or the Customs Brokers Act of 2004, regulating the practice of customs broker profession. Under Section 27 of the law, import and export declarations shall be signed only by customs brokers. Five years later, RA 9853 was passed, amending Section 27 of RA 9820 such that import declarations shall be signed by both a customs broker and the consignee/owner/importer, while export declarations are to be signed

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RULE 4: VENUE OF ACTIONS [1]   [2]   [3]   [4]   [5]   [6]   [7]   [8]   [9]   [10]   [11]   [12]   [13]   [14]   [15]   [16]   [17]   [18]   [19]   [20]         [21]   [22]      [23]  

NOTICE TO THE SOLICITOR GENERAL [71]   [72]   [73]   [74]   [75]   [76]   [77]   [78]   [79]   [80]   [81]   [82]  Section 3, Rule 63, Rules of Court. [83]   [84]  

If you plan to become a lawyer, it is important to prepare for it right away. Every decision you make matters because the opportunities you may or may not have will depend on what you choose today. One important thing to consider is the pre-law course or undergraduate studies you will take before you enter law school. Although there are some who only decided to enter law school later in life, there are others who, as a child, already dreamed of becoming a lawyer someday.  For the information of the person reading this, you can enter law school regardless of the course/major you took. However, there are some law schools that require you to have other requirements aside from graduating from any four-year course. For example, the Ateneo de Manila University (ADMU) requires their applicant to have at least twelve (12) units of English and at least three (3) units of a Rizal course at the tertiary level. Requirements will still depend on the law school you wish to enter. Regardless of the a

The protection of women and children extends to the cleansing of the ranks of lawyers with the audacity to evade the duty to support one’s family and who violate court directives, including those who unlawfully conceal properties beyond the reach of their families and the courts. Thus ruled the Supreme Court En Banc in a Per Curiam Decision imposing the supreme penalty of disbarment on then Atty. Wilfredo A. Ruiz for economic and emotional abuse; gross immorality; committing falsehood and exploiting court processes; unduly delaying a case; impeding the execution of a judgment; and misusing court processes. In 2008, AAA sued her husband, then Atty. Ruiz, for violation of Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act (Anti-VAWC Law). AAA accused Ruiz of inflicting on her physical violence, emotional stress, and economic abuse by depriving her and her children of support. She also applied for a Permanent Protection Order (PPO). The Pasig City Regional Tr

CASE DIGEST: 595 Phil. 305[ G.R. Nos. 171947-48, December 18, 2008] METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, AND DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, PETITIONERS, VS. CONCERNED RESIDENTS OF MANILA BAY, REPRESENTED AND JOINED BY DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, AND JAIME AGUSTIN R. OPOSA, RESPONDENTS. FACTS Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, among them the petitioners, for t

[ NO RECOMMENDED CITATION ] PJP UNDOCKETED : This content is yet to be be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised. CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . CASE DIGEST: [ 758 Phil. 724, G.R. No. 180771. April 21, 2015 ] RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TANON STRAIT, ET AL., PETITIONERS, V. SECRETARY ANGELO REYES, ET AL., RESPONDENTS. FACTS: This case concerns Service Contract No. 46 (SC-46), which allowed the exploration, development, and exploitation of petroleum resources within Tañon Strait, a narrow passage of water situated between the islands of Negros and Cebu. Represented by their human stewards, petitioners are marine mammals who are residents of Tañon Strait who filed an original Petition

To ensure that the Judiciary remains drug-free, the Supreme Court has issued A.M. No. 23-02-11-SC, or the Guidelines for the Implementation of a Drug-Free Policy in the Philippine Judiciary. The Guidelines takes effect immediately after its publication in a newspaper of general circulation on September 17, 2023. Under the Guidelines, drug testing will be required as part of the pre-employment requirement in the Judiciary. Court employees shall also be subjected to a random mandatory drug test during the course of their employment in the Judiciary. Employees found positive for dangerous drug use shall be dealt with administratively, and such finding shall be a ground for suspension or termination, subject to the provisions of the Civil Service Law and A.M. No. 21-08-09-SC or the Further Amendments to Rule 140 of the Rules of Court. The Guidelines also seeks to enhance awareness about the use, abuse, and adverse effects of dangerous drugs among the Judiciary’s officials and employees thr

Out of the 10,791 Bar applicants expected to arrive for the 2023 Bar Examinations, 10,400 candidates braved and completed both tests given, equivalent to a 96.38% turnout, during the first day of the 2023 Bar Examinations on September 17, 2023. Supreme Court Associate Justice Ramon Paul L. Hernando, Chairperson of the 2023 Bar Examinations, announced that the release of the results of this year’s Bar Examinations as well as the oath-taking and signing of the Roll of Attorneys, will be held before Christmas Day. “A smashing success” Justice Hernando’s assessment of the first day of the 2023 Bar Examinations: “I am proud to say that the first day of the 2023 Bar Examinations is a smashing success. The Court and its 2,310-strong Bar personnel have vigilantly stood watch over our 2023 Bar Examinees and ensured the safe, peaceful, and orderly conduct of the exams. Let us all hope and pray that this would continue until the last day of the Bar.” “To all of my 2023 Bar Examinees, I salute you