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Documenti di Cultura
1. What is law
- It connotes binding communal rules
- rule of conduct, just, and obligatory, formulated by legitimate power for common benefit
2. Branches of Law
-jural law (promulgated by man) may be classified into substantive or procedural law
- Criminal law, civil law, mercantile law, political law
3. Hybrid system
- common law system – case law, judicial precedence
- civil code system – Coded laws
- Sharia Law – based on islam
Philippine legal system is a combination of these three
Cyberlibel
- Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
- Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if
it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
- 1. A private communication made by any person to another in the performance of any legal, moral or
social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative
or other official proceedings which are not of confidential nature, or of any statement, report or speech
delivered in said proceedings, or of any other act performed by public officers in the exercise of their
functions.
- The elements of libel are: (a) the allegation of a discreditable act or condition concerning another; (b) publication
of the charge; (c) identity of the person defamed; and (d) existence of malice.40
- Cyber libel is not actually a new law since Art. 353 of the RPC already punishes it. Section 4(c)(4) of the
cybercrime prevention act.
- IT IS PUNISHED ONE DEGREE HIGHER THAN LIBEL
Proof of truth
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- In libel, truth may be a defense but under the condition that the accused made statement by good
motives and for justifiable ends.
RPC Art .361. Proof of truth – In every criminal prosecution for libel, the truth may be given in
evidence to the court and if it appears that the matter charged as libelous is true, and, moreover,
that it was published with good motives and for justifiable ends, the defendants shall be
acquitted.
VIOD FOR VAGUENESS = a law is facially invalid if men of common intelligence must necessarily guess at its
meaning and differ as to its application
1. Section 4(c)(4) that penalizes online libel as VALID and CONSTITUTIONAL with respect to the original
author of the post; but VOID and UNCONSTITUTIONAL with respect to others who simply receive the post
and react to it; and
2. Section 5 that penalizes aiding or abetting and attempt in the commission of cybercrimes as VA L I D
and CONSTITUTIONAL only in relation to Section 4(a)(1) on Illegal Access, Section 4(a)(2) on Illegal
Interception, Section 4(a)(3) on Data Interference, Section 4(a)(4) on System
Public morality
- Not based on religion
- Jurisdiction of Court is only public and secular, not religious
Negligence
- Voluntary act done without malice, from which an immediate personal harm, injury or material damage
results by reason of an inexcusable lack of precaution.
- TEST OF NEGLIGENCE: Would a prudent man in the position of the person to whom negligence is
attributed foresee harm to the person injured as a reasonable consequence of the course about to be
pursued
Intent
- A state of mind accompanying an act, especially a forbidden act, refers to the purpose of the mind and
the persons resolve
- It is the purpose , it must refer to malicious intent
Motive
- The moving power that impels one to action for a definite result
Malice
- A Complex idea involving elements of freedom, intelligence, and intent
- In Mala in se, The intent is important, it must be malicious intent with mens rea (guilty mind)
Equal Protection
- Against undue favor, individual or class privilege, as well as hostile discrimination
- But it is not absolute if there is reasonable classification
Reasonable Classification
- For there to be a reasonable classification, the classification must be: 1. Based on substantial distinctions,
2. Germaine to the purpose of law, 3. Not limited to existing conditions only, 4. Applies to all members of
the same class
- There is a substantial distinction between a judge with 5 or more years of experience with a judge less
than 5 years
- It is a standard of the JBC to have rational basis of screening applicants in light of the constitution
On Judicial Ethics
- Cannon 2 = A Judge must avoid impropriety, Cannon 3 = Judge must perform duties honestly and with
impartiality
- Judge Floro believes in psychic visions of forseeng the future, and on dwendes, wore blue robe in court
instead of black, and conducted healing sessons in his chambers
- His beliefs have spilled over to actions, it is improper for a judge, used psychic powers to determine case
and did not use evidence presented
Involuntary Servitude
- Pro bono in exchange for philhealth certificate is involuntary servitude according to the respondents but
the supreme court ruled that it is not since there is no force or violence and it is only 48 hours
Religious Freedom
- Respondents claim that tax funded condoms violate religious freedom, SC ruled that one cannot refuse to
pay tax, non-establishment clause
C. Prejudicial Question
Mercado v Tan
Summary: Vicente Mercado and Consuelo Tan married on 1991. He claims he was single. But he was actually
married to Thelma Olivia at 1976. Tan filed bigamy, a month later, Mercado filed JDN vs Olivia and it was declared
null and void. Mercado claims he already submitted the JDN and the first marriage is void. Respondent claims the
declaration came only after information was filed.
Prejudicial Question
- A prejudicial question is an issue involved in a civil case which is similar or intimately related to the issue
raised in the criminal action, the resolution of which determines whether or not the criminal action may
proceed. (Sec. 7, Rule 111, Rules of Court)
- Prevent two conflicting and different decisions in the criminal and the civil case
- In this case, Mercado was not validly using the concept of prejudicial question, he was trying to delay the
prosecution of his bigamy case.
Morigo v People
Summary: Lucio Morigo and lucia barrette got married in the PH. Lucia went to Canada leaving lucio. A year later,
lucia filed for divorce in Canada which was granted. A year later. Lucio married Marra Lumbago. A year later, Lucio
filed a JDN vs Lucia on grounds of no marriage ceremony. Afterwards, he was charged with bigamy. He claims that
the JDN posted a prejudicial question. He claims he was in good faith because of the divorce decree in Canada.
A. Natural law and positivist theory on human rights;history of natural law and natural rights
Republic v Sandiganbayan and ramas
Summary = PCGG made the AFP Anti-Graft Board ("AFP Board") tasked to investigate reports of unexplained
wealth and corrupt practices by AFP personnel, whether in the active service or retired. Based on its mandate, the
AFP Board investigated various reports of alleged unexplained wealth of respondent Major General Josephus Q.
Ramas. They found in the house of Elizabeth dimaano military equipment and items, and millions of cash. Court
ruled that it has no jurisdiction to investigate ramas over unexplained wealth. SC ruled that Mere position held by
a military officer does not automatically make him a "subordinate". Subordinate refers to family member/.
Confidentiality
- There are strict rules in the attorney-client relationship, The attorney cannot disclose any information
about the client without the client’s consent.
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- Client identity is privileged where a strong probability exists that revealing the client's name would
implicate that client in the very activity for which he sought the lawyer's advice and where disclosure
would open client to civil liability,
- It exist not only during the relationship but also after its termination
V. Civil law
A. Abuse of Right
California clothing, inc. v quinines
Summary: Shirley quinines, a employee of cebu pacific, went to guess and bought pants worth 2k with receipt. A
guess employee talked to her that she has not paid, Shirley said they can talk at their office. The guess employee at
cebu pacific humiliated her in front of customers then gave a letter complaint to the Director of cebu pacific. She
filed case for moral damages
Abuse of right
- Any abuse in the exercise of such right and in the performance of duty causing damage or injury to
another is actionable under the Civil Code, guess abused their right to clarify with Shirley
- Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
everyone his due and observe honesty and good faith."x x x32 The elements of abuse of rights are as
follows: (1) there is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of
prejudicing or injuring another
- a person must, in the exercise of legal right or duty, act in good faith. He would be liable if he instead
acted in bad faith, with intent to prejudice another
- the letter to her employer was aimed to tarnish respondent’s reputation in the eyes of her employer
B. Funerals
Valino v Adriano
Summary: Adriano Adriano married Rosario Adriano. They separated in fact and a year later Adriano lived in with
Valino as husband and wife. Adriano died while Rosario was in US. Valino prepared and spent on the funeral
arrangements. When Rosario learned of husbands death, she called Valino do delay internment so that hey may
visit but she declined. He was buried at the valino mausoleum at manila memorial. Rosario filed a case that the
corpse be transferred to Rosario in their family plot. Both claim it was Adrianos wish to be buried in those places.
Provision on funerals
- Civil code states that rt. 305. The duty and the right to make arrangements for the funeral of a relative
shall be in accordance with the order established for support, under Article 294. In case of descendants of
the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right. [Emphases supplied]
- Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the
following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
C. Privacy
Spouses Hing v Choachuy
Summary: Respondents put up surveillance cameras facing the petitioners property because they wanted proof
that petitioner was making a fence without permit and would was damaging the wall. Petitioners claim that the
respondents act of putting up video cameras violate their right to privacy citing article 26 of the Civil Code. They
claim it also applies to business offices and not only residences.
Business office is included to the same privacy when the public is excluded and only certain individuals are
allowed to enter
- An individual’s right to privacy under Article 26(1) of the Civil Code should not be confined to his house or
residence as it may extend to places where he has the right to exclude the public or deny them access
- covers places, locations, or even situations which an individual considers as private.
- reasonable expectation of privacy” test. This test determines whether a person has a reasonable
expectation of privacy and whether the expectation has been violated: (1) whether, by his conduct, the
individual has exhibited an expectation of privacy; and (2) this expectation is one that society recognizes
as reasonable.”
- The installation of these cameras, however, should not cover places where there is reasonable
expectation of privacy, unless the consent of the individual, whose right to privacy would be affected, was
obtained
Habeas Data
- a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened
by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged
in the gathering, collecting or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party.
- The writ, however, will not issue on the basis merely of an alleged unauthorized access to information
about a person. Availment of the writ requires the existence of a nexus between the right to privacy on
the one hand, and the right to life, liberty or security on the other.
- To "engage" in something is different from undertaking a business endeavour. To "engage" means "to
do or take part in something.