School’s obligation to provide safe environment for students
Dear PAO, My son was shot by the school’s security guard. He sustained a wound and was rushed to the hospital. The guard said it was just an accident. Can we hold the school accountable for what happened to my child? Rosie Dear Rosie, In Joseph Saludaga v. Far Eastern University and Edilberto C. De […]
Live-in partner of a minor may be held criminally liable
Dear PAO, My brother started working for a non-governmental organization a few months ago, and he has been assigned to work in a far-flung area. He said that he has encountered two girls, both minors, who are cohabiting with middle-aged men. He and his workmates are really concerned and wanted to help these girls, but […]
‘Habal-habal’ drivers are prohibited from using their mobile phones while driving
Dear PAO, Scrolling through social media, I came across a story that shook me. A woman described a terrifying experience riding a “habal-habal,” where the driver was glued to his phone, watching videos. She felt like the driver was barely paying attention to the road. May I be made aware if there is a law […]
Retirement benefit claimed after compulsory retirement age
Dear PAO, My older sister sought her retirement benefit from the private company she used to work with for more than 15 years but was declined. The company told her that she should have claimed her retirement benefit when she turned 65 years old. According to my sister, it is absurd for her to do […]
Equipoise rule and acquittal in criminal cases
Dear PAO, I was charged with a crime, and the prosecution was able to present pieces of evidence which are subject to different interpretations. I believe that we were able to present evidence that is evenly stacked against theirs. If the scales of justice are evenly stacked, what will the court do? Iah Dear Iah, […]
Death during the pendency of criminal case
Dear PAO, My cousin was implicated in a crime of carnapping. During the pendency of his criminal case, my cousin died from cancer. What are the effects of his death on the liabilities that may be imposed against him arising from the crime charged? Faye Dear Faye, When an accused dies prior to his final […]
Additional conditions in a warranty card
Dear PAO, I bought a printer from a retail store, which is an official distributor of the brand. After a few days of using the printer, it suddenly stopped working. I immediately brought the printer back to the store with the official receipt and warranty card. Upon inspection, I was informed that they found a […]
Civil liability ex-delicto | The Manila Times
Dear PAO, A case for estafa was filed against my husband. He was acquitted because of the failure of the prosecution to establish his guilt beyond reasonable doubt. However, he was still adjudged to pay the amount being claimed as civil liability. Is the acquittal not tantamount to the dismissal of the case and all […]
Presumption of the conjugal nature of property
Dear PAO, My grandparents were married in 1970. They are now separated-in-fact and my grandfather would like to sell the land, which he claimed to be his exclusive property. My grandmother opposes the disposition and warns the prospective buyer that the land is conjugal property, so her signature or consent is necessary. She presented a […]
Those who simulated birth record may be exempt from liability
Dear PAO, My cousin, who is now 25 years old, is really not the biological child of my aunt and uncle, but they registered her as their child, so she has her own birth certificate which reflects the names of my aunt and uncle as her parents. Now, someone told her that my aunt and […]