Love the Laws. Never give up.

Given all things are equal: review materials at hand, study hours and preparation or review here lies the difference.

Once again, unsolicited reiteration. I"ve done this last year.

Again, I would like to reiterate

"ANSWER AT LEAST THE PAST 5 YEARS OF BAR EXAMS, 2017-2022 for all subjects." One to two weeks.

Quadruple PURPOSES!

1. It is also a REVIEW already;

2. PRACTICE ANSWERING - it is a form of acclimation/ to acclimatize for the actual bar examination days;

3. MENTAL/PSYCHOLOGICAL CONDITIONING - it will be stored in your memory bank or subconscious mind;

4. Confidence building - focus and mindset

Lastly, law of attraction!

🙏👏Declare it, proclaim it and claim it now!

Political Law/Election Law/COMELEC

A law was passed postponing the BSK election. It was supposed to be held last year but was moved to October 2023. The rationale being, the realignment of funds allocated thereto, to the executive branch was by far more important than to conduct the election as scheduled.

The COMELEC pursuant to said Law, accordingly passed a resolution postponing the election in a nationwide basis or all over the country.

Atty. M and others, questioned the legality of the postponement and likewise assailed the constitutionality of the law before the Supreme Court.

A. Rule on Atty. M's petition;

B. Does the COMELEC have the power to postpone the BSKE election in the entire country?

C. What is the concept of a free and meaningful exercise of the right of suffrage?

These among other questions are answered in the latest case of (G.R. No. 263590, Macalintal v. COMELEC; G.R. No. 263673, Hidalgo, et al. v. Executive Secretary, et al.)

Political Law!

Doctrine of Condonation (Aguinaldo Doctrine)

The abandonment of the doctrine of condonation took effect on April 12, 2016.

Take note of this reckoning date for Bar examination purposes.

Also, worth reiterating that this doctrine applies to administrative case and not to criminal cases of elected officials.

Everytime there is death due to killing it could fall into either of the following:

Always bear in mind, if it is not Infanticide, parricide or murder, then it is homecide.

Just take note of the exceptional circumstances under article 247 and the "Battered Woman Syndrome defense under R.A. 9262."

No question as to its effectiveness!

Bar taker may consider this approach of reviewing for the Bar. Your review should be "syllabus-based."

Even if you manage only one-reading for all the subject, the confidence you will get can never be underestimated!

What is the so-called "ALAC" method or manner of answering Bar Questions?

1. A-nswer;

2. L-egal basis/Laws/Jurisprudence;

3. A-pplication of no. 2 based on the set of facts given in the problem or question;

3. C-onclusion, a repitition if not reiteration of no. 1 based on your no. 2 and 3.

October 4, 2017

G.R. No. 214073

BICOL MEDICAL CENTER, represented by Dr. Efren SJ. Nerva, and the DEPARTMENT OF HEALTH, represented by HEALTH SECRETARY ENRIQUE T. ONA, Petitioners
vs.
NOE B. BOTOR, CELJUN F. YAP, ISMAEL A. ALBAO, AUGUSTO S. QUILON, EDGAR F. ESPLANA II, and JOSEFINA F. ESPLANA, Respondents

D E C I S I O N

LEONEN, J.:

"Department of Public Works and Highways v. City Advertising Ventures Corp." GR. No. 182944, November 9, 2016, defined a writ of preliminary injunction as follows:

[A] writ of preliminary injunction is an ancillary and interlocutory order issued as a result of an impartial determination of the context of both parties. It entails a procedure for the judge to assess whether the reliefs prayed for by the complainant will be rendered moot simply as a result of the parties' having to go through the full requirements of a case being fully heard on its merits. Although a trial court judge is given a latitude of discretion, he or she cannot grant a writ of injunction if there is no clear legal right materially and substantially breached from a prima facie evaluation of the evidence of the complainant. Even if this is present, the trial court must satisfy itself that the injury to be suffered is irreparable.61

A writ of preliminary injunction is issued to:

[P]reserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right. It must be proven that the violation sought to be prevented would cause an irreparable injustice.

Rule 58, Section 3 of the Rules of Court provides the instances when a writ of preliminary injunction may be issued:

Section 3. Grounds for issuance of preliminary injunction. - A preliminary injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of: or in requiring the perfonnance of an act or acts, either for a limited period or perpetually;

(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or

(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.

Jurisprudence has likewise established that the following requisites must be proven first before a writ of preliminary injunction, whether mandatory or prohibitory, may be issued:

(1) The applicant must have a clear and unmistakable right to be protected, that is a right in esse;

(2) There is a material and substantial invasion of such right;

(3) There is an urgent need for the writ to prevent irreparable injury to the applicant; and (4) No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.63

October 4, 2017

G.R. No. 214073

BICOL MEDICAL CENTER, represented by Dr. Efren SJ. Nerva, and the DEPARTMENT OF HEALTH, represented by HEALTH SECRETARY ENRIQUE T. ONA, Petitioners
vs.
NOE B. BOTOR, CELJUN F. YAP, ISMAEL A. ALBAO, AUGUSTO S. QUILON, EDGAR F. ESPLANA II, and JOSEFINA F. ESPLANA, Respondents

D E C I S I O N

LEONEN, J.:

In satisfying these requisites, the applicant for the writ need not substantiate his or her claim with complete and conclusive evidence since only prima facie evidence64 or a sampling is required "to give the court an idea of the justification for the preliminary injunction pending the decision of the case on the merits."65

Tan v. Hosana66 defines prima facie evidence as evidence that is "good and sufficient on its face. Such evidence as, in the judgment of the law, is sufficient to establish a given fact, or the group or chain of facts constituting the· party's claim or defense and which if not rebutted or contradicted, will remain sufficient."67

The flower that bloom in adversity is the most rare and beautiful!

AJ, Hernando!

Don't you know?

✅For 65 years until 1997, r**e is a crime against chastity? A crime against or a violation of woman's honor.

✅Article 335 of the Revised Penal Code approved on January 1, 1932.

✅Then in 1997, RA 8353 repealed Article 335 of the RPC and reclassified r**e as a CRIME against Persons with further modification. While the traditional definition r**e has been retained, the amendatory law introduces a new concept that of " sexual assault."

The second paragraph of now Article 266-A of the RPC, used the gender-neutral word "Person," implying that the offender need not be a man and the offended party need not be a woman.

**e
**e
**e
**e
**e



📷Ctto

In every criminal case, the task of the prosecution is always two-fold: (1)
to prove beyond reasonable doubt the commission of the crime charged; and (2)
to establish with the same quantum of proof the identity of the person or persons
responsible therefor, because, even if the commission of the crime is a given,
there can be no conviction without the identity of the malefactor being likewise
clearly ascertained.50

Anti-Trafficking in Persons Act of 2003 - RA 9208 amended by RA10364 nad RA 11862



In order to sustain a conviction for "Trafficking in Persons," the following elements must be shown:

( 1) The act of "recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim's consent or knowledge, within or across national borders;"

(2) The means used which include "threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another;" and

(3) The purpose of trafficking is exploitation which includes
"exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

Probable cause, for the purpose of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof.

The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief.

Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged.

The following factors during the review period will make or unmake one's destiny to becoming a lawyer:

1. Spiritual level of the reviewee;
2. Mental and emotional preparedness;
3. Intellectual competence or capacity;
4. Location or place of review;
5. Manner of reviewing;
6. Time management;
7. Focus.

Be inspired! You will be a lawyer soon.👏🙏❤️

At this month last year, I was doing the same thing already.👇

Try answering the previous Bar Examinations per subject. At least the last 5 years (2017-2022) to gauge yourselves and for confidence build-up.

Do it the ALAC method starting today up to the Bar examination day.

Dear 2023 Bartakers/applicants,

Internalize and memorize this by heart.

Remember the four-fold duty of a lawyer. This will come in handy comes the Bar examination day in legal ethics.

Reiteration!

(Clavecilla vs. Clavecilla, G.R. No. 228127, March 6, 2023)

Ponente - C.J. Gesmundo❤️

Psychological Incapacity under Article 36 of the Family Code as a ground for the declaration of nullity of marriage should be viewed in the legal sense, and not in the medical sense.

My Bar review program was a "Syllabus based" review one. You may try it also.

Asked in 2022 Bar Exam under Commercial Law.

What is the principle behind "Safe Harbor Provision" under the AMLA as amended?

🔥Safe Harbor Provision. Provides that no administrative, criminal or civil proceedings shall lie against any person for having made a covered transaction report in the regular performance of his duties and in good faith, whether or not such reporting results in any criminal prosecution under the AMLA or any other Philippine law.

Second most important tip after GOD first.

🔥 I did this. Ito ang ginawa ko po sa 2022 Syllabus based review to establish confidence.

Let your 2023 Hernando Bar Syllabus be your guide-reviewer-notes blueprint or template for (Consti-Codal provisions, Jurisprudence, Past Bar Questions and Lecture notes).

Create your own reviewer based on said syllabus.

Highly effective.

https://youtu.be/mFqth9T0rKw

"NATATAKOT KANG BUMAGSAK SA BAR EXAMS?" - DEAN RIANO Here are the late Dean Willard Riano's inspiring words to law students.BLOG: https://www.projectjurisprudence.com.FB: https://www.facebook.com/projectjuris.T...

Principles of Good Human Relations!
Article 19, 20, 21, 22...New Civil Code.

2022 Bar Question No. 1 Civil law 1, morning.

The principle of first in time, prior in right rule does not apply when the prior title is void.

In this jurisdiction, the general rule is that in case of two certificates of title purporting to include the same land, the earlier date prevails. However, this rule is not absolute and conclusive, for it admits exception.

“qui prior est tempore, potior est jure”

"Finality of Acquittal Rule!"






This refers to the Doctrine in criminal cases, where no rule is more settled that...a JUDGMENT of acquittal whether ordered by a trial court or appellate court is final, unappellable and immediately executory upon its promulgation.

Such rule proceeds from the constitutionally guaranteed right of the accused against double jeopardy, which safeguards the accused from oppression of being prosecuted twice for the same offense.

"Dura lex, sed lex."

"The law is harsh, but it is the law."

A law each day keeps trouble away!