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Jurisprudence

Is a Fast-Food Chain Liable When a Baby Falls During a Mascot Photo-Op? PHOTO: Syda Productions

Is a Fast-Food Chain Liable When a Baby Falls During a Mascot Photo-Op? | Spouses Latonio vs. McGeorge Food Industries, Inc., G.R. No. 206184

For a recovery of damages, there must be both a right of action for a legal wrong inflicted by the defendant and damage resulting to the plaintiff therefrom. Both must exist since damages are merely part of the remedy allowed for the injury caused by a breach or wrong.

Is a Fast-Food Chain Liable When a Baby Falls During a Mascot Photo-Op? | Spouses Latonio vs. McGeorge Food Industries, Inc., G.R. No. 206184 Read More »

Are derogatory remarks made in a private Facebook setting a violation of Code of Professional Responsibility? | PHOTO: Tanzim Graphic Zone's & PMLM/CANVA

Are derogatory remarks made in a private Facebook profile a violation of Code of Professional Responsibility? |  A.M. No. 21-06-20-SC

A lawyer’s “locked” profile or privacy settings do not shield them from liability. Citing Belo-Henares v. Guevarra, the Supreme Court held that there is no “reasonable expectation of privacy” for Facebook posts because privacy tools are not foolproof, as information shared with “friends” can easily be shared or leaked to others outside the intended circle.

Are derogatory remarks made in a private Facebook profile a violation of Code of Professional Responsibility? |  A.M. No. 21-06-20-SC Read More »

Can tax declarations be considered as proof of ownership instead of a registered title? PHOTO: Stoica Adrian

Can tax declarations be considered as proof of ownership instead of a registered title? | Ebancuel, et al. v. Acierto, et  al., G.R. No. 214540

NO. The respondents’ tax declarations are insufficient proof of ownership. A tax declaration does not prove ownership, but rather serves as an indicium of possession in the concept of ownership.

Can tax declarations be considered as proof of ownership instead of a registered title? | Ebancuel, et al. v. Acierto, et  al., G.R. No. 214540 Read More »

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? PHOTO: Handmadefont/CANVA

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? | G.R. No. 257251

This case examines whether heirs may still invoke the family home exemption after the property was waived in favor of one heir, mortgaged to a bank, and was later subject to foreclosure due to loan default. The Supreme Court clarified the limits of the family home exemption, emphasized the importance of timely invocation before the sheriff, and outlined the protection afforded to a mortgagee acting in good faith.

Is a Property Exempt From Execution as “Family Home” After Mortgage and Foreclosure? | G.R. No. 257251 Read More »

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? PHOTO: pixelshot/CANVA

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? | G.R. No. 267998

As a general rule, a marriage solemnized by an unauthorized officiant is void. However, the Court held that under Article 35(2) of the Family Code, the marriage remains valid if one or both of the participating parties believe in good faith, and it is with this belief that grants the solemnising officer the authority. Hence, the marriage continues to have full legal effect, and even with the lack of legal capacity by the officiating person, the marriage should not be declared void.

Is a Marriage Void if the Solemnizing Officer Was Unauthorized? | G.R. No. 267998 Read More »

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