- Alburo Law Offices' Newsletter
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Archive
Presidential Immunity | July 28, 2025
During his tenure of office or actual incumbency, the President may not be sued in any civil or criminal case, and there is no need to provide for it in the Constitution or law. It will degrade the dignity of the high office of the President, the head of State, if he can be dragged into court litigations while serving as such.
Responsible Use of Social Media under the Code of Professional Responsibility and Accountability (CPRA)
The Code of Professional Responsibility and Accountability (CPRA) provides that a lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use.
What is a Penal Clause? | July 23, 2025
Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
Justifying Circumstance of Insanity | July 21, 2025
In Ruiz v. People of the Philippines (G.R. No. 244692), the Supreme Court held that while prior medical records can be relevant, they are not required to prove that the accused’s medical condition led to the crime. Therefore, the absence of documented psychiatric history should not be taken against the accused claiming legal insanity.
Unjustified Absence from Marital Home considered Psychological Incapacity | July 16, 2025
In the case of Lanuza v. Lanuza, G.R. No. 242362, April 17, 2024, the Supreme Court held that unjustified absence from the marital home for decades may be considered as part of the totality of evidence that a person is psychologically incapacitated to comply with the essential obligations of marriage.