May a child impugn his or her own legitimacy? Article 164 of the Family Code lays down the presumption that “[c]hildren conceived or born during the marriage of the parents are legitimate.” In other words, the husband of a woman is presumed to be the father of the child to whom she gives birth. Articles…
May entries in the birth certificate of a child regarding his or her filiation or legitimacy be corrected in a petition for correction of entries under Rule 108 of the Rules of Court? Let us say, by way of illustration, that A and B are the legitimate children of F (father) and M (mother). They…
Try answering the following question on your own: The Power Sector Assets and Liabilities Management Corporation (PSALM) received a copy of the decision of the Commission on Audit (COA) on 11 December 2012. The PSALM filed a motion for reconsideration of the decision on 19 December 2012. The motion for reconsideration was denied by the…
As a long-time bar exam coach, one of the common errors or shortcomings which I note in my coachees is the misstatement or assumption of facts. I strongly advise my coachees to read carefully the facts of the question in order to avoid this error. One of the most irritating experiences for an examiner is…
Sections 4 and 5 of Rule 36 of the Rules of Court provide for several and separate judgments. “SECTION 4. Several judgments. – In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others. “SECTION…
Section 4, Rule 36 of the Rules of Court regarding several judgments provides as follows: “SECTION 4. Several judgments. – In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others.” Section 5 of Rule…
May an indorser of a check be held criminally liable for estafa or for the violation of the Bouncing Checks Law (B.P. Blg. 22) if the check later bounces? In Bautista v. Court of Appeals, G.R. No. 143375, 6 July 2001, the Court stated that an indorser who passes a bad check may be held…
The new Rule on Summary Procedure (RSP), which was incorporated as Rule III in the Rules on Expedited Procedures in the First Level Courts, took effect on 11 April 2022. The new RSP is a substantial overhaul of the more than three decades old 1991 Revised Rule on Summary Procedure (RRSP). Except for small claims…
It is axiomatic that judgments are enforceable only against property unquestionably belonging to the judgment debtor or obligor. One man’s goods shall not be sold or taken for another man’s debts or obligations. Thus, a sheriff acts improperly when he levies upon property belonging to a third person. Let us say that X is leasing…
In Consing v. People, 701 SCRA 132 (2013), the Supreme Court held that an independent civil action based on fraud did not raise a prejudicial question that would suspend a pending criminal prosecution of the defendant for estafa. The Court justified its ruling on the reasoning that “the result of the independent civil action is…