- Alburo Law Offices' Newsletter
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- Alburo Law
Senate as a Continuing Body
Under Section 123, Rule XLIV of the Rules of the Senate, as cited in the case of Neri v. Senate, G.R. No. 180643, September 4, 2008, unfinished business at the end of the session shall be taken up at the next session in the same status. All pending matters and proceedings shall terminate upon the expiration of one (1) Congress, but may be taken by the succeeding Congress as if present for the first time.
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Safety of Passengers under the Civil Code
Common carriers are required to exercise extraordinary diligence for the safety of their passengers, with any injury or death creating a legal presumption of negligence on their part. However, as clarified in Mariano v. Callejas (G.R. No. 166640), this duty does not make them absolute insurers of passenger safety.
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Impeachment vs. Quo Warranto
Under Article 11, Section 1 of the 1987 Constitution, the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
Simple Theft vs. Qualified Theft
Under the Revised Penal Code, theft is the taking of another’s personal property without consent and without violence or force, done with intent to gain. When committed under certain aggravating circumstances, the offense becomes qualified theft, warranting a higher penalty.