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The Juris Doctrine, 62126, Manila (2026)

09/07/2026

🔍📖 LEGAL MAXIM OF THE DAY 📖🔍

" BONA FIDE "

English Translation: In good faith.

Pronunciation: BOH-nah FEE-day

Meaning: This maxim refers to honesty, sincerity, and the absence of fraud or deceit in a person's actions or intentions.

Bar Tip:

Remember: "Express mention excludes the rest." If the law specifically enumerates certain persons, acts, rights, or exceptions, courts generally presume that omitted items were deliberately left out. However, do not apply this rule when the enumeration is clearly not intended to be exclusive or when legislative intent indicates otherwise.

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09/07/2026

⚖️ WHAT ARE THE EXEMPTIONS OF WARRANTLESS ARREST? ⚖️

Section 5, Rule 113 of the Revised Rules of Criminal Procedure (and related provisions), operating under the constitutional mandate of the 1987 Constitution, Article III, Section 2.

EXEMPTION OF WARRANTLESS ARREST

1. IN FLAGRANTE DELICTO
2. HOT PURSUIT
3. ESCAPEE ARREST

OTHERS:
4. A WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST
5. CONSENTED WARRANTLESS SEARCH
6. SEARCH OF A MOVING VEHICLE
7. SEIZURE IN PLAIN VIEW
8. CUSTOMS SEARCH
9. STOP AND FRISK
10. EXIGENT AND EMERGENCY CIRCUMSTANCES

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08/07/2026

🔍📖 LEGAL MAXIM OF THE DAY 📖🔍

" LEX PROSPICIT NON RESPICIT "

English Translation: The law looks forward, not backward.

Pronunciation: leks PROS-pi-kit non RES-pi-kit

Meaning: Laws generally apply prospectively and not retroactively, unless the legislature expressly provides otherwise or the law is favorable to the accused.

Bar Tip:

Remember: "Express mention excludes the rest." If the law specifically enumerates certain persons, acts, rights, or exceptions, courts generally presume that omitted items were deliberately left out. However, do not apply this rule when the enumeration is clearly not intended to be exclusive or when legislative intent indicates otherwise.

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"Legal knowledge belongs to all people, not just the privileged few."

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08/07/2026

⚖️ WHAT ARE THE DIFFERENCE BETWEEN MALVERSATION AND PLUNDER AND THEIR REQUISITES? ⚖️

ELEMENTS OF PLUNDER: (punished under Republic Act No. 7080)

(1) A public officer, alone or in connivance with others, who acquires ill-gotten wealth;

(2) The total value of ill-gotten wealth is at least ₱70,000,000.00;

(3) The wealth is amassed through a combination or series of overt or criminal acts; and

(4) These acts must show a pattern indicating an overall unlawful scheme.

ELEMENTS OF MALVERSATION: (punished under Article 217 of the Revised Penal Code)

(1) The offender is a public officer;

(2) He had custody or control of funds or property by reason of the duties of his office;

(3) Funds or property were public funds or property for which he was accountable; and

(4) He appropriated, took, misappropriated or consented, or through abandonment or negligence permitted another person to take them.

Bar Tip: PRIVATE PERSON CAN BE CHARGED WITH PLUNDER THROUGH CONSPIRACY WITH A PUBLIC OFFICER.

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07/07/2026

🔍📖 LEGAL MAXIM OF THE DAY 📖🔍

" IN PARI DELICTO "

English Translation: In equal fault.

Pronunciation: in PAH-ree de-LIK-toh

Meaning: When both parties are equally at fault for an illegal act, the law generally will not assist either party in recovering damages or enforcing their agreement.

Bar Tip:

Remember: "Express mention excludes the rest." If the law specifically enumerates certain persons, acts, rights, or exceptions, courts generally presume that omitted items were deliberately left out. However, do not apply this rule when the enumeration is clearly not intended to be exclusive or when legislative intent indicates otherwise.

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"Legal knowledge belongs to all people, not just the privileged few."

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07/07/2026

⚖️ WHAT ARE THE REQUISITES OF OBLIGATION? ⚖️

ARTICLE 1156 OF THE NEW CIVIL CODE OF THE PHILIPPINES
- An obligation has four essential requisites. They are:

(1) A juridical or legal tie, which binds the parties to the obligation, and which may arise from either bilateral or unilateral acts of persons;

(2) An active subject known as the obligee or creditor, who can demand the fulfillment of the obligation;

(3) A passive subject known as the obligor or debtor, against whom the obligation is juridically demandable; and

(4) The fact, prestation or service which constitutes the object of the obligation.

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06/07/2026

🔍📖 LEGAL MAXIM OF THE DAY 📖🔍

" CAVEAT VENDITOR "

English Translation: Let the seller beware.

Pronunciation: KAH-vee-at VEN-di-tor

Meaning: Unlike Caveat Emptor, this maxim emphasizes the seller's duty to ensure that goods are safe, properly described, and free from undisclosed defects, especially under modern consumer protection laws.

Bar Tip:

Remember: "Express mention excludes the rest." If the law specifically enumerates certain persons, acts, rights, or exceptions, courts generally presume that omitted items were deliberately left out. However, do not apply this rule when the enumeration is clearly not intended to be exclusive or when legislative intent indicates otherwise.

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"Legal knowledge belongs to all people, not just the privileged few."

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06/07/2026

⚖️ CHANGE OF NAME IN BIRTH CERTIFICATE, CAN BE DONE WITHOUT GOING THROUGH COURT? ⚖️

REPUBLIC ACT NO. 9048 March 22, 2001

" AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES "

Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname – No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

Section 3. Who May File the Petition and Where. – Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

Section 4. Grounds for Change of First Name or Nickname. – The petition for change of first name or nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or

(3) The change will avoid confusion.

Section 5. Form and Contents of the Petition.
The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise be supported with the documents mentioned in the immediately preceding paragraph. In addition, the petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Furthermore, the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.

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05/07/2026

🔍📖 LEGAL MAXIM OF THE DAY 📖🔍

" CAVEAT EMPTOR "

English Translation: Let the buyer beware.

Pronunciation: KAH-vee-at EMP-tor

Meaning: This maxim places the responsibility on buyers to examine goods before purchasing them. Unless protected by law or warranty, buyers assume the risk of defects they could have discovered.

Bar Tip:

Remember: "Express mention excludes the rest." If the law specifically enumerates certain persons, acts, rights, or exceptions, courts generally presume that omitted items were deliberately left out. However, do not apply this rule when the enumeration is clearly not intended to be exclusive or when legislative intent indicates otherwise.

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"Legal knowledge belongs to all people, not just the privileged few."

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04/07/2026

⚖️ ARTICLE 114: TREASON ⚖️

AS AMENDED BY EXECUTIVE ORDER NO. 44:
Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines.

Methods of Committing Treason Treason can be committed in two primary ways:

1. Levying war: Taking up arms or participating in an armed uprising to overthrow the government.

2. Adhering to the enemy, giving them aid or comfort: Intentionally providing strategic help to the declared enemy, such as providing intelligence, food, shelter, or logistical support, whether done within the Philippines or abroad.

Penalties:
For Filipino Citizens: Punished by reclusion temporal to death and a fine not to exceed ₱20,000.

For Resident Aliens: Foreigners residing in the Philippines can be held liable for treason. They face the penalty of prision mayor to death and a fine not to exceed ₱20,000.

Evidentiary Requirements:
Due to the severity of the crime, the law sets a strict rule for conviction: an accused cannot be convicted of treason solely on circumstantial evidence.

The court requires:The testimony of at least two witnesses to the exact same overt act, ORA formal confession of the accused in open court.

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"Legal knowledge belongs to all people, not just the privileged few."

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