“The Austrian thorn on Facebook’s side” is back with a new class action suit against the social network, alleging a series of privacy violations — and wants 1 billion users to jon his cause.
Source: Student Files Privacy Class Action Suit Against Facebook
Legal Notes: Class suit explained.
Brooklyn Law School now comes with a money-back guarantee.
Source: Law school offers 15% tuition refund if you can’t find a job
Legal Notes: Hello Brooklyn!
AKSYON | Halimaw ang tingin ng ilang may-ari ng sasakyan
Source: News5 Everywhere – MONSTERO? | ILANG MAY-ARI NG MONTERO SPORT, IREREKLAMO ANG MITSUBISHI MOTORS
Legal Notes: Monstero nga. Mitsubishi, may puso po ba kayo?
The BIR claimed that St. Luke’s had total revenues of P1.73 billion in 1998 alone. St. Luke’s refuted the assessment, saying that its free services to patients amounted to P218 million in 1998.
Source: BIR wins vs St. Luke’s; hospital ordered to pay P63.9M tax deficiency | Money | GMA News Online
Legal Notes: May free services ang St. Lukes? Saan!? >.<
The group filed the petition last week, arguing that the implementation of the “No Bio, No Boto” policy violates the Constitution since it adds a substantive requirement for Filipinos to be able to exercise their right to suffrage.
Source: SC stops Comelec’s ‘No Bio, No Boto’ policy | Headlines, News, The Philippine Star | philstar.com
The acquired assets include Bodegas Fundador, known to be Spain’s largest and oldest brandy cellars established in 1730, as well as production facilities, ageing cellars, vineyards and state-of-the-art blending and bottling facilities, in Jerez, Spain. Other assets also include a brandy distillery in Tomelloso, Spain with sufficient ageing inventory of brandy and sherry, which Emperador officials believe will drive the company’s growth.
Source: Emperador buys Fundador | mb.com.ph | Philippine News
IT HAS been some time—30 years, in fact, or an entire generation—since a lawyer served as president of the Philippines. Before San Beda graduate and city prosecutor Rodrigo Roa Duterte, there was UP graduate and bar topnotcher Ferdinand Edralin Marcos. That time did not end well.
Source: The President as lawyer | Inquirer Opinion
Snack food maker Universal Robina Corp. has entered into an agreement to fully acquire Australias Consolidated Snacks Pty. Ltd. for AU$600 million, one of the biggest acquisitions so far by a Filipino company.
Source: URC acquires Australian snack company for AU$600M | Money | GMA News Online
“A lawyer who causes the simulation of court documents not only violates the court and its processes, but also betrays the trust and confidence reposed in him by his client and must be disbarred to maintain the integrity of the law profession,” the SC said in a decision dated March 7.
Source: SC disbars lawyer who falsified court decision on annulment | News | GMA News Online
Calida said that for not complying with the rules, De Lima’s petition should be considered “unsigned and without legal effect” thus should be dismissed.But Hilbay argued that verification does not affect the validity of the pleading.
Citing the case of Uy v. Landbank, Hilbay said “the Supreme Court ruled that the requirement regarding verification of a pleading is formal, not jurisdictional. Such requirement is simply a condition affecting the form of pleading, the non-compliance of which does not necessarily render the pleading fatally defective.”
Hilbay added that in the case of Shipside v. CA, the high court ruled that it may act on a pleading although it is not verified if there are attending circumstances to make sure that justice may be served to the parties.
Source: De Lima admits petition not signed before notary public | Inquirer News
Bello added that “Contractors’ workers are also performing jobs directly related to the main business of the companies.”
Source: ‘45k workers ‘regularized’ under DoLE’s new order’ – Manila Standard
But Calida said De Lima should not be given judicial reprieve since her petition was replete with “fatal infirmities” for flouting established court procedures, including forum shopping and the principle of the hierarchy of courts.
Source: Free Leila? That’s ‘bad precedent,’ says SolGen | Inquirer News
“Basically the Philippines has been going out. The foreign policy now is how to engage our partners and build stronger relations for the mutual benefit of the Philippines and the other country.
We wish to have a relationship of mutual benefit and mutual respect and if we move towards one country, it should not be at the expense of another,” Manalo explained.“We think by enhancing relationships with more countries we, in effect, are creating more security for ourselves and perhaps also improving the welfare of the country,” he said.
Source: Duterte diplomacy works, says DFA chief | Inquirer News
Justice Lucas Bersamin, 2017 Bar Chairman
Below are the cases (raw, not digested yet) decided or penned by Justice Lucas Bersamin to be used as supplemental material for the 2017 bar examination.
Feel free to redistribute but be sure to link back to this post so other people will quickly find the latest update for our upcoming material (hopefully with digest already).
Good luck and continue to soar high future lawyers!
When somebody needs assistance, “You should be obligated to help or to get help for them
via Florida teens who recorded drowning man will not be charged in his death – CNN.com
“Culpable” violation of the Constitution.
The above is one of the grounds mentioned in Section 2, Article 8 of the Constitution before an impeachable officer may be removed from office. Expectedly, they will use this against the Chief Justice Sereno if they will file the impeachment complaint against her later.
Culpable means, to be deserving of liability an blame for an act, such as a criminal act, an act of negligence or gross recklessness, according to a jurisprudence.
Here, assuming arguendo that there was irregularity on (these are the allegations they are throwing recently):
Such acts will not be gross enough to remove her just because she refused to follow the whims of some politicians but instead, decides just to faithfully observe the rule of law. More so, even if the same is true, it might be considered only as simple negligence but never as gross negligence within the contemplation of law.
Remember, if members of the police force, armed forces, congressmen, senators, or even the President are given the benefit of presumption of regularity while in the performance of their official duty, why not give the same to the Chief Justice?
In short, please, for the sake of stability in our political system, just leave the judiciary out in your cradle and let her do her job as she let you do yours.
Nearly seven months after his extradition to the United States, Joaquin “El Chapo” Guzman Loera—the most notorious drug trafficker in the world, according to U.S. prosecutors—may finally be getting private legal representation.
via How Will Mexican Drug Kingpin El Chapo’s Pay His Lawyer?
ANSWER:
Legal profession is not a business but a lifelong commitment in pursuit of justice.
Lawyers, in the absence or incapability of his client to pay money in exchange for the latter’s service, should not be a hindrance in rendering necessary advice for the former’s interest.
Also, the lawyer may agree with the client on contingent fee which will be paid after the case has been won according to their agreement according to the law.
“A few of the principled men, I would say, want this kind of thing about dynasty is abolished. I am for it,” Duterte, whose children had been elected to office in Davao City, told municipal mayors. “Ang problema lulusot ba ‘yan (The only problem is will that breeze through Congress)?” he added. He then cited his experience as long-time mayor of Davao City, saying the tough policies he imposed on his hometown made his family popular among the voters. “Because sa atin pagkatapos mo eh they would ask for your son or your wife (Because in our country, once you finish your term, people would ask your son or wife to run for office),” he said.
Source: Duterte backs anti-political dynasty proposal but uncertain if public will like it | Philstar.com
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Legal Notes: Lulusot yan kung gusto mo ser. After all, you’re the President, ser.
Most of those who will be reading this will understand what I mean when I say that the bar exam is a terrible experience. Those of you still in law school will understand this nightmare soon enough. For those of you who took the exam last month, I hope you then enjoyed the sunshine on a beach somewhere, cold drink in hand!Congratulations – you gave it your best! Try not to dwell on the contents of the exam at this point, or whether or not you did well enough to pass. It’s now in the hands of the divine (or at least in the hands of the bar examiners!). Instead, try and focus on something productive like developing your referral network, reconnecting with friends and colleagues, or finding a good job. Try to do something fun, too — preparing for the bar exam doesn’t make room for a lot of fun so you’re probably due.Come May, those of you who took the exam will find out whether or not you passed. If you don’t pass, don’t let it define you. I didn’t let it define me when I didn’t pass the first time. In fact, most people won’t even know you didn’t pass the first (or more) time – unless you tell them, or perhaps post it on a blog! Your clients won’t ask, and most employers and your colleagues won’t ask, either.When I did not pass the first time, I was crushed. All of my summer classes and planning were for naught – I was back at square one and felt devastated. Those feelings lasted for about a week, and then, I picked myself up, dusted off my bar prep materials, and cracked them open again. I was even more determined to pass and I took steps to identify my weaknesses.What could I do differently? I was brutally honest with myself and it was cathartic. Through lots of hard work and grit, I conquered theexam on the second attempt. Reading the official letter, having gone through the entire process twice, made the victory that much sweeter.Once you pass the bar exam, you join the “club.” When I found out I hadn’t joined the club after the first attempt, I was understandably upset. Then, after talking with some of my mentors and friends for support and guidance, I found that there is a tremendous number of people that had to take the exam twice (or more). I was suddenly part of a different club, and I found that I was in good company, too.Do any of our readers have any advice for those that just took the bar exam?
Source: Don’t let the bar exam define you – Maryland Daily Record
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Legal Notes: Thank you sir!
The prosecutor said Trillanes’ intention was clearly “to sow the seeds of sedition in the mind of the people” and that the speech was not covered by parliamentary immunity because it was “purely an attack” and not in aid of legislation.
Source: 19 senators call for protection of Senate speeches amid Trillanes case
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Legal Notes: Paano ba ang tamang term? We want to say kasi… “we are not sedated after all by Senator Trillanes speech. :p
