The Supreme Court held that to be convicted of the crime of usurpation of official functions, the following elements must concur:
1. The offender may be a private person or public officer.
2. The offender performs any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.
3. The offender performs the act under pretense of official function.
4. The offender performs the act without being legally entitled to do so.

In the case of Carnabuci v. Tagaña-Carnabuci, the Supreme Court held that Overseas Filipino workers (OFWs) may still exercise parental authority and even sole custody over their children despite being assigned abroad. The mere fact that a parent is an OFW does not deprive them of their right to exercise parental authority or sole custody.

Photo from Pexels | Pavel 
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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The Supreme Court ruled that the PhilHealth Board, not the PhilHealth President CEO and Vice President, is vested with the authority to withdraw or revoke an accreditation. Thus, PhilHealth acted arbitrarily and unlawfully when it revoked Dr. Galauran’s accreditation.

In Nozomi Fortune Services, Inc. v. Naredo, the Supreme Court held that a DOLE Certificate of Recognition, by itself, is not a conclusive proof of legitimacy for a manpower provider. It only prevents the presumption of labor-only contracting from arising.

In the recent case of XXX v. People (G.R. No. 268457) the Supreme Court held that when the infliction of physical injuries against a minor is done at the spur of the moment or intended to discipline or correct the wrongful behavior of the child, it is imperative that the specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child as a human be established.

A champertous contract is contract between a stranger and a party to a lawsuit, whereby the stranger pursues the party’s claim in consideration of receiving part or any of the proceeds recovered under the judgment. It is a void contract for being contrary to public policy.

A radio reception creates a performance separate from the broadcast. This is otherwise known as the doctrine of multiple performances which provides that a radio (or television) transmission or broadcast can create multiple performances at once.
The Supreme Court held that the act of playing radio broadcasts containing sound recordings through the use of loudspeakers amounts to an unauthorized communication of such copyrighted music to the public, thus, violates the public performance rights of FILSCAP.

In 2018, Soliman was charged for online libel under Section 4(c)(4) of Republic Act No. (RA) 10175, or the Cybercrime Prevention Act, for a Facebook post against Waldo R. Carpio, then Assistant Secretary (Asec.) of the Department of Agriculture.
A court may sentence an accused found guilty of online libel to payment of fine only, rather than imprisonment.

Photo from Pexels | Tima Miroshnichenko The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Read more about The Supreme Court decides: A violation of Procurement Laws by public officers will not automatically result in a conviction under Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act.[…]