MSU Law Gensan Legal Aid Clinic

05/07/2023

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

A notary public should not notarize a document unless the person who signed the same is the very same person who executed and personally appeared before him to attest to the contents and the truth of what are stated therein. Without the appearance of the person who actually executed the document in question, the notary public would be unable to verify the genuineness of the signature of the acknowledging party and to ascertain that the document is the party's free act or deed.

27/06/2023

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

The law provides that a party who alleges a fact has the burden of proving it. In this case, the burden of proof rests upon the petitioner, who are required to establish their case by preponderance of evidence. The Rules of Court also states that the burden of proof is the duty of a party to prove the truth of his/her claim or defense, or any fact in issue by the ampunt of evidence required by the law.

26/06/2023

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

The petition for declaration of presumptive death under Article 41 of the Family Code necessitates the exertion of active effort & not a passive one. The mere absence of the spouse, lack of any news that the absentee spouse is still alive, mere failure to communicate, or general presumption of absence under the Civil Code would not suffice.

26/06/2023

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

Any doubt should be resolved in favor of the existence and continuation of the marriage, and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and the unity of the family.

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

In a petition seeking the declaration of the nullity of marriage, any doubt should be resolved in favor of the existence and continuation of the marriage, and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and the unity of the family.

25/06/2023

𝐓𝐚𝐧𝐠𝐥𝐚𝐰-𝐃𝐢𝐰𝐚 𝐋𝐚𝐰 𝐂𝐥𝐢𝐧𝐢𝐜
𝐂𝐚𝐬𝐞 𝐂𝐚𝐧𝐯𝐚𝐬: 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐚 𝐏𝐢𝐜𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐞𝐜𝐞𝐝𝐞𝐧𝐭𝐬

The said case penned by Justice Hernando, held that people who entered into an agreement under Trust Receipt Transaction are hereby binding under the said law. Thus, it creates rights and obligations of the parties involved therein and the enforcement of the said rights in case of default or violation of the terms of the trust receipt agreement.

20/05/2023

13/05/2023

ATM: Empowering Young Minds with Legal Knowledge

The Tanglaw-Diwa Law Clinic's Certified Law Student Practitioners conducted series of legal literacy lectures to 204 students of Labangal National High School.

11/05/2023

Law Students Practitioners will hold lectures for Senior High School students of Labangal National on May 13, 2023. Open forum or legal consultation follows immediately.

22/04/2023

Eid Mubarak!

22/04/2023

TANGLAW DIWA PROVIDES LEGAL AID TO RESIDENTS OF BARANGAY APOPONG

On April 22, 2023, the Tanglaw Diwa Law Clinic provided free legal advice and consultation to residents of Brgy. Apopong. The members of the law clinic that undertook the same activity were fourth and fifth year students of MSU College of Law General Santos also currently enrolled in Legal Counseling and Practice Court II subjects. Such activity was supervised by Atty. Kay P. Aviles and Atty. Remond Saligumba.

Some of the cases the residents sought for advice for were land disputes, child support, marital issue and other cases of similar nature. This activity served as an avenue for the members of the law clinic to practice legal counseling and apply their knowledge of the law.

The legal aid activity sought not only to sharpen the skills of the students in giving legal advice but also was done in compliance of the Student Practice Rule under the Rules of Court. Such legal aid program aims at not only satisfying the prescribed requirement for the law students to take the Bar Exam, but mainly to also inculcate the proper methods of legal counseling when these students enter the legal profession.

Atty. Habari L. Balt, the Assistant Dean of the College of Law of Mindanao State University General Santos is the Director of Tanglaw-Diwa Law Clinic.

22/04/2023

ATM: LSPs in action

Fifty-eight (58) MSU Gensan Law Student Practitioners render free legal consultation and lecture at Barangay Apopong, General Santos City, with Atty. Remond Saligumba and Atty. Kay P. Aviles as supervising lawyers.

This activity is a flagship program of the Tanglaw-Diwa Law Clinic to the whole South Cotabato and General Santos City constituents in line with the Mindanao State University College of Law Clinical Legal Education Program (CLEP) under CLEP Director, Atty. Habari L. Balt.