The University of Manila College of Law

03/10/2024

The Supreme Court has upheld the prosecution’s finding of probable cause and reinstated the arrest warrant and hold departure order against Dalia Guerrero Pastor as co-conspirator in the killing of her husband, racer Ferdinand “Enzo” Pastor.

The Supreme Court’s Second Division, in a Decision written by Associate Justice Amy C. Lazaro-Javier, reversed the ruling of the Court of Appeals which had dismissed the criminal case for parricide against Dalia.

The Supreme Court held that a finding of probable cause needs only evidence showing that more likely than not, a crime has been committed by the suspects. It does not require evidence of guilt beyond reasonable doubt.

The Court found sufficient evidence that identifies Dalia as a co-conspirator in Enzo’s killing based on testimonies of their house help, the gunman, and the gun-for-hire initially tapped for the killing but who declined.

In 2014, award-winning race car driver Enzo Pastor was driving a truck to Clark, Pampanga, together with his mechanic, Paolo Salazar. After the truck came to a stop at the intersection of Visayas Avenue and Congressional Avenue, a man suddenly approached the driver’s side of the truck and fired at Enzo, killing him.

Read the full text of the Press Release: https://sc.judiciary.gov.ph/sc-upholds-finding-of-probable-cause-and-arrest-warrant-against-wife-in-race-car-drivers-killing/

Read the full text of the Decision: https://sc.judiciary.gov.ph/255100-domingo-v-de-guzman-iii-vs-people-of-the-philippines-255229-tomas-pastor-vs-dalia-guerrero-pastor-255503-people-of-the-philippines-vs-dalia-guerrero-pastor-and-domingo-v-de-guzman-iii/

25/09/2024

SC: Maaaring kilalanin sa Pilipinas ang divorce kahit hindi dumaan sa korte sa ibang bansa

Hindi kinakailangang dumaan sa korte ang divorce sa ibang bansa para mabigyan ng bisa sa Pilipinas.

Ito ang naging Desisyon ng Korte Suprema sa kaso ng isang Pilipina na nakakuha ng divorce sa Japan mula sa kanyang asawang Hapon sa pamamagitan ng isang kasunduan.

Para kilalanin sa Pilipinas ang kanyang divorce, naghain siya sa Regional Trial Court (RTC) ng petition for judicial recognition of foreign divorce na ipinagkaloob ng RTC. Kinwestiyon ito sa Korte Suprema ng Office of the Solicitor General.

Sa Desisyon na isinulat ni Associate Justice Japar B. Dimaampao, maaaring kilalanin ang divorce sa ibang bansa basta ito ay tanggap sa batas ng bansang nagkaloob nito, maging ito man ay dumaan sa judicial o administrative proceeding, o sa pamamagitan ng kasunduan ng mag-asawa.

Sa ilalim ng Article 26(2) ng Family Code, ang mga Pilipinong dating kasal sa dayuhan ay maaaring humiling sa mga korte ng Pilipinas na kilalanin ang divorce na wasto nitong nakuha sa ibang bansa, para maiwasan ang sitwasyon na pwede na mag-asawa ang dayuhan sa ibang bansa pero bawal pa rin mag-asawang muli ang Pilipino sa Pilipinas.

Pero ibinalik ng Korte Suprema sa RTC ang kaso para mabigyan ng pagkakataon ang Pilipina na patunayan ang batas ng Japan.

Basahin ang buong press release: https://sc.judiciary.gov.ph/sc-recognition-of-divorce-not-limited-to-those-decreed-by-foreign-courts/

Basahin ang buong kaso: https://sc.judiciary.gov.ph/249238-republic-of-the-philippines-vs-ruby-cuevas-ng-a-k-a-ruby-ng-sono/

20/09/2024

The Supreme Court has ruled that in cases of r**e committed by force, threat, or intimidation, it is not required to prove that the victim resisted.

It is enough that such force, threat, or intimidation existed and was strong enough to prevent the victims from asserting their will, determined from the victims’ perspective.

The Court clarified that previous Decisions stating that a woman cannot claim to be a r**e victim unless she resisted are contrary to current doctrine. These pronouncements also tend to reinforce misguided stereotypes that perpetuate gender bias and insensitivity. The right of women to autonomy and bodily integrity should be recognized and respected.

The belief that if a woman does not resist, then she consents to the r**e is unacceptable in any civilized society. It presumes that men are entitled to free access to a woman’s body at any given time and place.

“Rape is perhaps the only crime where the trial often focuses on the conduct of the victim instead of that of the accused. The need to prove lack of consent often becomes a question of the victim's behavior, her history, and her conduct before, during, and after the r**e as implying that some women can be ‘bad enough’ to be r**ed while others, because of their background, choices, and conduct, are simply lying when they claim that they were r**ed. It is time to strike down such uninformed and ignorant views,” the Court stressed.

Read the full press release: https://sc.judiciary.gov.ph/sc-proof-that-victim-resisted-not-required-in-r**e-cases/

Read the full text of the Decision: https://sc.judiciary.gov.ph/266706-people-of-the-philippines-vs-zzz/

17/09/2024

Last day of exam. Well done takers! Here are the Questions in the subject of Remedial Law, Legal and Judicial Ethics.

17/09/2024

Last day of exam. Well done takers! Here are the Questions in the subject of Criminal Law.

11/09/2024

Two days down, one to go. Well done takers! Here are the Questions in the subject of Civil Law.

11/09/2024

Two days down, one to go. Well done takers! Here are the Questions in the subject of Labor Law and Social Legislation.

08/09/2024

One day down, two to go. Well done takers! Here are the Questions in the subject of Commercial and Taxation Law.

08/09/2024

One day down, two to go. Well done takers! Here are the Questions in the subject of Political and Public International Law.

07/09/2024

07/09/2024

Thank you Law School Buddy. 🥰

The University of Manila College of Law for

UManian Baristas, you’ve all been waiting for this day to come. Let your knowledge be enough to surpass the examination of your entire life; the final phase to achieve your dream to become a lawyer. Fly Hawks, and catch that “Atty.” you’ve been thirst for so long! Together we shall triUMph.

07/09/2024

Thank you Batas PH. 🥰

UManian Baristas, you’ve all been waiting for this day to come. Let your knowledge be enough to surpass the examination of your entire life; the final phase to achieve your dream to become a lawyer. Fly Hawks, and catch that “Atty.” you’ve been thirst for so long! Together we shall triUMph.



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Best of luck to all future abogados from The University of Manila College of Law!