Ateneo Central Bar Operations

[BLUE MINUTE]

Every second counts in the weeks leading up to the Bar Exam, and we're here to make sure you make the most of it, even on weekends. For this week's Blue Minute, we'd like to share some important doctrines in Torts and Damages, Special Penal Laws, and Criminal Procedure.

1. What is the Doctrine of Attractive Nuisance?

One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. (Hidalgo Enterprises, Inc. v. Balandan, 91 Phil. 488)

Pools and other bodies of water, however, can not be considered as an attractive nuisance. "Nature has created streams, lakes and pools which attract children. Lurking in their waters is always the danger of drowning. Against this danger children are early instructed so that they are sufficiently presumed to know the danger; and if the owner of private property creates an artificial pool on his own property, merely duplicating the work of nature without adding any new danger,... (he) is not liable because of having created an 'attractive nuisance.'" (Id)

In a recent case, the Court made an exception that "although the swimming pool alone may not be considered as an attractive nuisance, the kiddie pool's close proximity to the slides formed an unusual condition or artificial feature intended to attract children. In other words, the installation of the slides with slopes ending over the swimming pool's waters makes it an attractive nuisance." (Aleta v. Sofitel, G.R. No. 228150, January 11, 2023)

2. What are the important doctrines under the Comprehensive Fi****ms and Ammunition Regulation Act (RA No. 10591)?

If an unlicensed firearm is used in the commission of any crime, there can be no separate offense of simple illegal possession of fi****ms. If the other crime is homicide, illegal possession of fi****ms becomes an aggravating circumstance, not a separate offense. (People v. Ladjaalam, G.R. No. 13149-51, 2000)

It follows that the accused can be convicted of simple illegal possession of fi****ms, provided that no other crime was committed by the person arrested. (Celino v. CA, G.R. No. 170562, 2007)

To be found guilty of illegal possession of fi****ms and ammunition, one does not have to be in actual possession. The law does not punish physical possession alone but also possession in general including constructive possession or when the thing is subject to the owner’s control. (Evangelista v. People, G.R. No. 163267)

3. What is the Variance Doctrine?

General Rule: The accused can be convicted of an offense only when it is both charged and proved.

Exception: When there is variance between the crime charged and the crime proved, and the offense as charged is included or necessarily includes offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. (People v. Chi Chan Liu, GR No. 189272, 2015)

An offense charged necessarily includes the offense proved when some essential elements of the former, as alleged in the complaint or information, constitute the latter.

An offense charged is necessarily included in the offense proved when the essential ingredients of the former constitute the latter.

If there is variance, the accused can only be convicted of the lesser offense which is included in the graver offense. (People v. Pareja, G.R. No. 202122, 2014)

The mere fact that the evidence presented would indicate a lesser offense outside the court’s jurisdiction was committed does not deprive the court of its jurisdiction, which had vested in it under the allegations in the information (PP v. Ocaya, 1987).

[BLUE MINUTE]

Every minute counts! As the bar exams near, we at the Ateneo Central Bar Operations would like to help you bar takers remember some key doctrines in Succession, Land Titles & Deeds, and Criminal Law.

For this week's doctrines, read below!

1. What is the Doctrine of Dependent Relative Revocation?

"When the testator provides in the subsequent will that the revocation of the prior one is dependent on the capacity or acceptance of the heirs, devisees, or legatees instituted in the subsequent will." (Vda. de Molo v. Molo, G.R. No. L- 2538)

2. What is the Mirror Doctrine?

"A person dealing with registered land may rely on the correctness of the certificate of title issued. The law does not oblige him to go beyond the certificate to determine the condition of the property." (Locsin v. Hizon, G.R. No. 204369)

3. What is the Doctrine of Rational Equivalence?

"Under the doctrine of rational equivalence, a plea of self-defense would prosper if there is a rational equivalence between the means of attack by the unlawful aggressor and the means of defense as reasonable. The doctrine of rational equivalence presupposes the consideration not only of the nature and quality of the weapons used by the defender and the assailant but also of the totality of circumstances surrounding the defense vis-a-vis the unlawful aggression." (People v. Olarbe, G.R. No. 227421)

[BLUE MINUTE]

Hey bar takers! Got a few moments to spare? We'd like to re-introduce the new and improved version of Blue Minute, where we share three important doctrines from different bar subjects. This initiative is meant to help you remember some doctrines that could come in handy during the Bar Exam. As a bonus, it only takes a minute to read through them too!

For today, we're sharing the following doctrines under Labor Law and Commercial Law:

1. What is the Totality of Infractions Doctrine?

"The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee... after all, the record of an employee is a relevant consideration in determining the penalty that should be meted out since an employee's past misconduct and present behavior must be taken together in determining the proper imposable penalty." (Merin v. NLRC, G.R. No. 171790, 2008)

2. What is the Doctrine of Corporate Opportunity?

"If there is presented to a corporate officer or director a business opportunity, which the corporation has an interest or a reasonable expectancy, the self-interest of the officer or director will be brought into conflict with that of his corporation. The law does not permit him to seize the opportunity even if he will use his own funds in the venture." (TOPROS v Chang G.R., Nos. 200070-71, 2021)

3. What is the Doctrine of Secondary Meaning?

"Secondary meaning is established when a descriptive mark no longer causes the public to associate the goods with a particular place but to associate the goods with a particular source." (Shang Properties Realty Corp. v. St. Francis Development Corp., G.R. No. 190706, 2014)

[ASKED & ANSWERED]

Greetings, Bar Takers!
Asked & Answered is a three day event where bar takers are given the opportunity to pose their questions to different panelists in their respective subject field.

Event Dates:
July 29: Political Law, Public International Law and Labor Law
July 30: Criminal Law, Remedial Law and Legal Ethics
July 31: Civil Law, Commercial Law and Taxation Law

Panelists:
Day 1:
Political Law: Atty. Carlo Cruz & Atty. Eugene Kaw
Public International law: Atty. Evecar Cruz-Ferrer
Labor Law: Atty. Marlon Manuel

Day 2:
Criminal law: Atty. Axel Cruz
Remedial Law: Justice Magdangal De Leon
Legal Ethics: Atty. Maria Patricia Cervantes-Poco

Day 3:
Civil Law: Atty. Eugene Kaw & Atty. Siegfried Mison
Commercial Law: Dean Joey Hofilena, Dean Negre
Tax Law: Atty. Michael Montero, Atty. Bello

You can sign up and place your questions here:

https://docs.google.com/forms/d/e/1FAIpQLScgn8C4HG1EFdTTLCcfaqFrgJnQ2_wXLDg-Tu4l3JOBuk1ZUQ/viewform?usp=sharing

The deadline for submission of questions for Day 1 is this Sunday, July 28.

Zoom link to follow, see you there!

Studying for the bar exams can be daunting and overwhelming. It's normal to feel as if the entire coverage is too much for one person to memorize in such a short amount of time. Should you let that feeling discourage you though?

For our last , Atty. Bryan Antonio says:

"You need to remember that you made it through 4th year. You graduated and passed your exams. You won't be able to memorize everything, so take comfort in the fact that you did everything you could have done."

For more tips like picking the best study schedule, the best materials, and how to orient your family and friends about the support you need, read on!

Preparing for the Bar is half the battle, and we're here to make sure you've got all the support you need!

In today's , Atty. Vivit reminds you that: You already studied everything in law school (more so, during bar review proper), and you were trained to answer exam questions that simulate the bar exams. Once you see the question/s, I am confident that you will be able to spot the issue and provide the best answer to it.

Trust yourself. You graduated from the best law school in the country. You did that. Passing the bar is no longer an uncertainty for you. You got this!

Read below to find out more suggestions from him!

Nervous about the bar exams? Not sure where or how to begin your review? Well then, look no further than the Ateneo Central Bar Operations’ , your guide to legal success!

For today’s tips, Atty. Janel Co shares:

“Stick with what study method and materials you used in law school. Ultimately, we have already studied the concepts that will come out during law school. Bar Review is just a time to consolidate our knowledge. Ateneo Law is number one for a reason. Trust yourself and if you’re still nervous, trust the statistics. You got this!”

Read on to discover Atty. Co’s tips and tricks for acing the bar exam! 💙

Get ready for the 2024 Bar Examinations with Ateneo Law's bar review program. Learn from experts who will guide you on specific bar topics exclusively for our program. Program starts 24 June 2024.

Register here: https://go.ateneo.edu/2024-BAR-REVIEW

ONE LAST CHANCE! Interested in helping create digests for our bar takers? If so, make sure to volunteer for this year’s Digest Pool!

Sign up here: https://forms.gle/3fKob3gKnMFhkict6

Deadline for sign ups is tomorrow, Friday, at 11:59PM!

Hey there! LAST CHANCE to jump on board and help our bar takers!

The ACBO Academics Committee would be accepting volunteers for Topic Understudies and Digest Pool Volunteers for the 2024 Bar.

Learn more about open positions and sign up at https://forms.gle/3fKob3gKnMFhkict6.
The form will be open until MAY 10, 2024 ONLY.

Join now and let’s get that 100%!! 💙🤍

We are pleased to extend our endorsement to the Bernas Institute for Continuing Education’s Bar Review Program. With esteemed Ateneo Law professors and former bar examiners as faculty, alongside comprehensive study materials, the Bernas Institute can help you in your preparation for the Bar.

Enrollment begins today, and the review will run from June 24 to August 28, 2024. Simply scan the QR code or visit https://go.ateneo.edu/2024-BAR-REVIEW to enroll.

If you have any questions, please do not hesitate to reach out to us.

Thank you! 💙🤍

Hello Ateneans! The Ateneo Central Bar Operations' Academics Committee is looking for volunteers for our Digest Pool!

Volunteers will be tasked to create digests of decisions penned by the current bar chair. You'll also be given credit in the reviewers!

Interested individuals may sign up through this link: https://bit.ly/ACBO2024DigestPool

THIS IS YOUR CHANCE! We're looking for individuals who can become our next Academic Vice-Chairperson Understudy or our next Digest Pool Head. Interested in overseeing the creation of review materials or gathering all the relevant doctrines to be used in the reviewers?

If so, sign up at https://bit.ly/ACBO2024VCAcadsUS! 💙🩵

If you've got a passion for helping our Bar Takers and you're interested in getting a first hand view of the development of reviewers, this is the position for you! We're still looking for our next Topic Understudies!

Sign up through: https://bit.ly/ACBO2024AcadsUS We look forward to working with you soon! 💙🤍

COULD IT BE YOU? The Ateneo Central Bar Operations Academic Committee is looking for its next Topic Understudies.

If you're passionate about helping our Bar Takers through the development of reviewers, this could be the right position for you!

Don't miss the chance and sign up now at https://bit.ly/ACBO2024AcadsUS. We look forward to working with you! 💙🤍

ALL ABOARD! The Academic Committee is looking for members, and that could be you!

If you've got an eagle eye for details and a knack for organization, you could be our next academic Vice-Chairperson Understudy or the next Digest Pool Head.

Interested? If so, sign up at https://bit.ly/ACBO2024VCAcadsUS. We look forward to working with you! 💙🤍

2024 BAR EXAMINATIONS

To all Atenean bar candidates who will be taking the September 2024 bar exams but are not part of the graduating batch, please read this official announcement.

3, 2, 1, time’s… NOT UP!?

Time is definitely not up as we’re extending the deadline for pre-orders to JANUARY 22! Grab the chance and place your orders for the ACBO’s Blue Supply Merch at https://bit.ly/BlueSupplyWave2 so you can start your semester in style!

Payments may be made through deposit or transfer via UnionBank or GCash. Order now and don’t miss this chance to ride the wave- AGAIN!

Final chance to ride the wave! Today is the last day to grab your Blue Supply Merch.

Hurry and place your orders at https://bit.ly/BlueSupplyWave2!
The order form closes TONIGHT at 11:59pm.

Don't let this wave pass you by – order now! 💙

Last call! Only 1 day left to catch the wave!

Order now before it's too late! Answer the pre-order form at https://bit.ly/BlueSupplyWave2.

Deadline for orders is until TOMORROW, JANUARY 19 ONLY.

Easily complete your transaction by depositing or transferring payments through UnionBank or GCash.

Two days left, two words for you: Buy Now!!

Make sure to place your orders at https://bit.ly/BlueSupplyWave2.

Deadline for orders is January 19 ONLY.

For payments, you may deposit or transfer them through UnionBank or GCash. Don't let this slip away – kick off the semester in style with Blue Supply!

Surfs up! The second wave of Blue Supply Merch is finally here! Secure your essentials for the coming semester by answering the Pre-Order Form at https://bit.ly/BlueSupplyWave2.

Don’t miss out! Deadline for orders is until JANUARY 19, 2024 ONLY.

For payments, you may deposit or transfer them through UnionBank or GCash.

Place your orders now and start the semester in style!

No dream is out of reach now. This momentous occasion is not only a celebration of passing the bar but also a powerful testament to your resilience and determination. Congratulations to our new Atenean Lawyers!

The Ateneo community celebrates your success with immense pride. Here's to your remarkable achievement—may you continue to reach beyond. Ad Majorem Dei Gloriam!

Nasayo na ang lahat.... except Blue Supply Merch 🙁

LAST CALL!!
BLUE SUPPLY ROUND 2: INTEREST CHECK

Running low on Blue Supply? Not with the Ateneo Central Bar Operations!

Let us know through the form below if you'd be interested in another round of pre-orders for the Essentials Tote and Windbreaker so we can gear up for you! Don't miss this chance as the form closes TONIGHT at 10PM!

https://forms.gle/LC4NFW6RBsJcXepw7

Chapter open. We won't be entertaining questions regarding this anymore. Thank you for your understanding 🙏

BLUE SUPPLY ROUND 2: INTEREST CHECK
Running low on Blue Supply? Not with the Ateneo Central Bar Operations!

Let us know through the form below if you'd be interested in another round of pre-orders for the Essentials Tote and Windbreaker so we can gear up for you! Don't miss this chance as the form closes on SUNDAY at 10PM!

https://forms.gle/LC4NFW6RBsJcXepw7

The Ateneo Central Bar Operations would like to express its heartfelt appreciation to this year's sponsors.

Our initiatives would not have taken flight without your support.

Thank you for helping us reach beyond!