Elements of insanity as an exempting circumstance
Dear PAO, My brother was attacked by his neighbor and could have died without timely medical intervention. A criminal case was filed, and the relatives of the accused claimed that he was insane. They presented a psychological evaluation conducted five months after the hacking incident. Allegedly, the defense of insanity would surely result in the […]
Easement of right of way
Dear PAO, What is meant by an easement of right of way? Can my private property be taken for public use under this easement, even if it completely deprives me of the use and enjoyment of my property? Danna Dear Danna, Our laws, specifically Articles 649 and 650 of Republic Act (RA) 386, otherwise known […]
Conciliation before the barangay lupon is mandatory
Dear PAO, I had a disagreement with my neighbor, and I would like to file a criminal case of unjust vexation against the said neighbor for hurling invectives at me. I immediately reported the same to the nearest police station, but the police officer on duty directed me to our barangay without explanation. Is the […]
Mathematical formula in connection with our Copyright Law
Dear PAO, May I know what the Copyright Law protects? Does it include the protection of a solution or the unlocking of a mathematical formula? Darlene Dear Darlene, To answer your queries, please allow me to lead your attention to our pertinent laws and jurisprudence. Succinctly, in FILSCAP v. Anrey Inc. (GR 233918, Aug. 9, […]
Exemption from solicitation permit of school infrastructure project
Dear PAO, I received a letter from my daughter’s school requesting a monetary donation to support the ongoing construction of a multi-purpose gymnasium in their campus. According to the letter, the gymnasium will be used for academic-related gatherings and social events for the students and faculty. Can the school conduct such a solicitation? I was […]
Property inherited during the marriage is excluded from the absolute community of property
Dear PAO, Pam and I got married in 2022. We do not have any pre-nuptial agreement regarding our properties. Unfortunately, my mother died in August 2023, and my father died in January 2024. My siblings and I inherited several parcels of land from our parents, which we divided equally since our parents did not leave […]
Mandatory referral to a 3rd doctor in case of conflicting medical assessments
Dear PAO, I have a question regarding a work-related injury sustained by my brother, who is a seafarer. He was repatriated to the Philippines on July 20, 2024, due to a hand injury. Upon his arrival, he immediately consulted their company-designated physician. After a month, the company-designated physician issued a fit-to-work certification to him. Unsatisfied […]
When proof of resistance is not required in rape
Dear PAO, In a rape case, does the victim, who is a minor, need to prove that she sustained external injury or suffered physical harm as a consequence of a crime perpetrated by the victim’s common-law stepfather? Luningning Dear Luningning, The moral ascendancy and influence of a common-law stepfather over his minor ward take the […]
Use of screenshots of Facebook messages as evidence
Dear PAO, I recently discovered that some of my co-workers have been making derogatory and inappropriate comments about me in their group chat. One of my friends, who was a member of the group chat, sent me screenshots of their conversations. When I confronted them and mentioned my intention to file a case against them, […]
When parental consent is required to obtain a marriage license
Dear PAO, I plan to marry my girlfriend, who is five years younger than me. She just turned 19 last month. We are also considering moving into a new house together, and I feel this is the perfect time to propose. I believe I’m ready to support our future family because I already have a […]