It was a dark and stormy night. There was a road accident. Two cars collided on the wet concrete. The driver of the first car stepped out. Seeing that the woman inside the other car was badly hurt, he immediately called for help. Emergency services came to take the woman to the nearest hospital. The … Continue reading Is paying for medical expenses after an accident an admission of guilt?
A corporation has a legal personality separate and distinct from those who run or operate it. This means that, in general, the corporation’s liabilities are its own, not those of its directors, officer and employees. A particular set of circumstances is required for those individuals to be answerable for corporate obligations: Basic is the rule … Continue reading Corporate officers and Piercing the Veil of Corporate Fiction
Are aliens in the Philippines entitled to the protections of Article III, the Bill of Rights under the 1987 Constitution? Yes. The Bill of Rights in our Constition generally applies to both aliens and citizens, thus the rights to due process and the rights of an accused under Article III of the 1987 Constitution are granted to a … Continue reading Foreign citizens and the Bill of Rights in the Philippine Constitution
A medical malpractice case against a doctor is a generic term for what may technically be an administrative complaint, a civil suit for damages (under Article 2176 of the Civil Code), a criminal case (under Article 365 of the Revised Penal Code), or all three. How is medical malpractice proven? Conversely, how does a doctor defend … Continue reading Proving medical malpractice
Someone accused of a crime before the Court should base her defense on more than merely denying the charges or claiming to be somewhere else when the crime occurred. These are often not strong enough to be reliable legal defenses. The Supreme Court has many, many decisions ruling that mere denial and alibi are weak defenses that cannot prevail … Continue reading Mere denial and alibi are weak defenses