Amicus Law Review Center

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Having sexual in*******se with a [person] who is asleep and still under the influence of alcohol falls under the second paragraph of Article 266-A of the Revised Penal Code (R**e): "when the offended party is deprived of reason or is otherwise unconscious." It is altogether immaterial whether there is evidence to establish the presence of physical force, threat, or intimidation. ⠀
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Physical force, threat or intimidation is not necessary, for the simple reason that an unconscious and extremely intoxicated [person] cannot freely and voluntarily give consent to engage in sexual in*******se. (People v. Caga, ibid.)

Reduce agreements into writing ESPECIALLY when you are doing business with a friend. It will help preserve the good relationship.

There is no presumption of malice in libel cases where the complainant is a public official. ⚖️🇵🇭

There is no other way but to study. 🤓📚

Studying > ‘Share This To Pass the Exams’

Baka kaya ka nabobokya kasi di ka natutulog? Baka lang naman.⠀
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Good night. 😴

An original blue ink signature is harder to reproduce and easier to spot on paper that’s typically filled with lots of fine print. It’s also easier to check whether the signature was originally inked or is just a photocopy or a facsimile. Take note that in case of court action, the original signed document has to be presented and having one that’s obviously original would be helpful.

Avoid using any other color especially red which is considered a warning color. Pink, green or purple can be problematic if a document has to be imaged or scanned inasmuch as some types of scanners are unable to detect or decipher these colors.

Good night. 😴

Under Art. 300 (formerly 285) of the Labor Code, an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer ‘at least’ one (1) month in advance.

The term ‘at least’ is an implicit recognition that the employer and the employee may agree on a longer period provided it is not contrary to law, morals, good customs, public order, or public policy (1306, Civil Code). Accordingly, the requirement not to resign within the school year, unless any of the circumstances under Art. 300 of the Labor Code is present, may be considered reasonable.

However, the notice period of more than 1 month and the agreement to pay for damages equivalent to 3 months salary should be agreed upon by the school and the teacher prior to or upon engagement.

*This opinion is based solely on the facts given. Answers may vary depending on the facts presented.

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Carry on. ✊🏻

Kapag ang isang empleyado ay nagbitiw sa kanyang trabaho at ito ay tinanggap ng kanyang employer, hindi niya na ito maaaring bawiin maliban na lamang kung papayag ang huli. ⁣⁣
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Kung nais ng empleyado na bumalik sa trabaho, kailangan niyang mag-apply muli ngunit hindi siya pwedeng magdemanda na pabalikin siya sa trabaho. ⁣⁣
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(Philippines Today, Inc. v. NLRC, G.R. No. 112965, January 30, 1997 citing Intertrod Maritime, Inc. vs. NLRC, 198 SCRA 318, June 19, 1991)⁣⁣

Tag a law student who needs to be reminded that he/she will become a lawyer. That law student can be yourself.

What will your sign-off be?

No. A married woman has an option, but not a duty, to use the surname of her husband in any of the ways provided by Article 370 of the Civil Code. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage.⠀
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She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status...⠀
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However, once a married woman opted to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in the cases enumerated in Section 5(d) of RA 8239. These instances are: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage. ... Otherwise stated, a married woman's reversion to the use of her maiden name must be based only on the severance of the marriage. (Remo v. Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010)⠀
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⚖️🇵🇭

The Brazilian Patent and Trademark Office (PTO) recently refused a Class 33 (multiple alcoholic beverages) trademark application for “Dracarys”, GOT Daenerys Targaryen’s specific command to order her dragons to spit fire at enemies.

While “Dracarys” is not the name of a character, or a book, or a movie/series — all examples of elements that would be protected by copyright, the Brazilian PTO decided that it fell within the prohibition that bars registration of “literary and artistic work” protected by Copyright Law. The examiner concluded that from a copyright perspective, despite the dubious nature of the word “Dracarys,” this arbitrary word became famous enough that it could cause undue association if a competing product was launched bearing it as a trademark.

📷: HBO’s Game of Thrones
📄: https://www.inta.org/perspectives/brazil-arbitrary-words-can-be-protected-as-works-of-art/

Bilang panuntunan, kailangang sundin ng isang empleyado ang notice period o ang panahon bago ang bisa ng kanyang pagbibitiw na nakasaad sa kontrata. Kung walang kasunduan, kailangang magbigay ng abiso 30 araw bago ang nilalayong petsa ng pagiging epektibo nito. Ayon sa Art. 300 (dating 285) ng Labor Code, ang empleyadong hindi nagbigay ng tamang abiso ay pwedeng panagutin ng kanyang employer.⠀
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Subalit, pwedeng agarang magbitiw ang empleyado na hindi kinakailangang sundin ang napagkasunduang notice period sa alin mang pagkakataon:⠀
1. Malubhang insulto ng employer o ng kanyang kinatawan sa karangalan at katauhan ng empleyado;⠀
2. Hindi makatao o mahirap tiising pakikitungo ng employer o ng kanyang kinatawan;⠀
3. Komisyon ng isang krimen o pagkakasala ng employer o ng kanyang kinatawan laban sa katauhan ng empleyado o alinman sa mga agarang miyembro ng kanyang pamilya; at⠀
4. Iba pang mga sanhi na magkatulad sa alinman sa mga naunang nabanggit.⠀
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Bukod dito, ang patakaran na kailangan ng empleyado na manatili o kumpletuhin ang panahon bago ang bisa ng kanyang pagbibitiw ay opsyonal sa employer. Bilang parte ng management prerogative, karapatan ng employer na ilipat ang petsa ng bisa ng pagbibitiw sa trabaho ng employee sa mas maagang petsa. (Paredes v. Feed the Children Philippines, Inc., G.R. No. 184397, September 9, 2015)

The lessor has the obligation to make all necessary repairs in order to keep the leased property suitable for the use to which it has been devoted, unless there is a stipulation to the contrary (Art. 1654, Civil Code). The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs (Art. 1658, ibid.)

No. A divorce decree obtained by Filipino spouses abroad cannot be legally recognized in the Philippines. ⠀
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For a foreign divorce decree to be recognized, one of the spouses should be non-Filipino at the time of the divorce and his/her national law should allow divorce. (Art. 26, Civil Code; Nullada v. Civil Registrar or Manila, G.R. No. 224548, January 23, 2019)

Cost of living allowance (COLA), cash equivalent of unused vacation and sick leave credits, overtime pay, premium pay, night shift differential, holiday pay, and all allowances and monetary benefits which are not considered part of the basic salary of an employee are NOT included in the computation of 13th month pay, unless they are treated as part of the basic salary due to a collective bargaining agreement or company practice or policy. ⁣⁣⠀
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(Source: DOLE Labor Advisory No. 18, series of 2018)⁣

It’s okay.

🤓

Law school mantra.