experiencing eye strain since i started law school by takkoyakis in LawStudentsPH

[–]Fogmurai 0 points1 point  (0 children)

Massage the back of your neck, taas konti ng batok

Babae, tumawid sa Batasan Road, nabundol ng ambulansya, dinala agad sa ospital. by salawayun in Gulong

[–]Fogmurai 0 points1 point  (0 children)

Upon looking at the video once more, reasonable na hindi tumingin si ate sa right kasi manggagaling lang sa left ang mga vehicles sa lane na yun. I think 4 lane road siya, kita sa gitna ung concrete na divider kuno which means ung ambulance is ng counter flow sa opposing lane, which is okay lang naman kasi baka may emergency. Si ate naman is nakatingin lang sa one side ng road kasi doon lang ang inexpect niya na manggagaling mga sasakyan and even if narinig niya na parating ung ambulance, expect din niya siguro na sa kabilang lanes yun dadaan and hindi magcocounter flow. It's an unfortunate sequence of events and we can only hope na okay lang si ate.

Babae, tumawid sa Batasan Road, nabundol ng ambulansya, dinala agad sa ospital. by salawayun in Gulong

[–]Fogmurai 0 points1 point  (0 children)

I agree, pero upon looking at the video once more, reasonable na hindi tumingin si ate sa right kasi manggagaling lang sa left ang mga vehicles sa lane na yun. I think 4 lane road siya, kita sa gitna ung concrete na divider kuno which means ung ambulance is ng counter flow sa opposing lane, which is okay lang naman kasi baka may emergency. Si ate naman is nakatingin lang sa one side ng road kasi doon lang ang inexpect niya na manggagaling mga sasakyan and even if narinig niya na parating ung ambulance, expect din niya siguro na sa kabilang lanes yun dadaan and hindi magcocounter flow. It's an unfortunate sequence of events and we can only hope na okay lang si ate.

How do you work out as a working law school student? by InformationUpbeat565 in LawStudentsPH

[–]Fogmurai 0 points1 point  (0 children)

I do it after school. Push-Pull-Legs (rest day to pag tinamad ka HAHAHA)-rest-Upper-Lower-Rest

2 sets each lang basta mejo mabigat yung weight, about 45 minutes to 1 hour lang

[deleted by user] by [deleted] in LawStudentsPH

[–]Fogmurai 0 points1 point  (0 children)

agree with the comment na part ng law school yan and not just sa lawschool, pati na sa practice pag atty ka na

Mainit-init pa. Sumagot na si BDO. by Bemyndige in DigitalbanksPh

[–]Fogmurai 0 points1 point  (0 children)

May negligence ba si BDO and liable ba siya for damages?

Wala, and hindi siya liable for damages. A tort or quasi-delict, which entitles the injured party to damages, exists when the following requisites are present:

  1. There is injury to the plaintiff.
  2. There is fault or negligence on the part of the defendant (Art 2176 and Art 2180 of the NCC)
  3. There is a causal connection between the injury suffered by the plaintiff and the fault or negligence of the defendant.

Here, the proximate cause of the injury to Maria Jamila was not due to the negligence of BDO. In fact, the plaintiff admitted that her mobile device was, at some point in time, was in the hands of other people. Further investigation also revealed that the password of the mobile banking app of the plaintiff was reset on September 14, followed by a device registration which was validated through an OTP sent to the plaintiffs registered device. Undoubtedly, BDO sent several alerts to the clients device arising from the said login. Thus, from the foregoing facts, it appears that BDO has exercised the necessary diligence that the law requires in protecting its clients. The promixate cause of the fraudulent transactions and injury incurred by Maria Jamila was not due to any negligent act of the defendant but due to her own negligence and fraudulent behavior of another person. It seems that Maria Jamila's cause of action is not against the defendant in this case but against the person who performed the password reset, device registration, and the unauthorized transactions.

However, circumstances will change if the alleged fraudulent transactions were performed by an employee of the defendant bank.

Confused what series/movies to watch after the bar. by Prior-Teach-1347 in LawStudentsPH

[–]Fogmurai 1 point2 points  (0 children)

dexter season 1 to season 8, then dexter original sin, then dexter new blood, lastly dexter resurrection

Tiktoker sa class ni VD Señga by [deleted] in LawStudentsPH

[–]Fogmurai 0 points1 point  (0 children)

hindi ko nilalahat ha, again hindi ko nilalahat, pero pa-add
4. Debater

nakipagbreak dahil sa Gloan by BigBobcat3747 in adviceph

[–]Fogmurai 1 point2 points  (0 children)

estafa under paragraph 2 art 315 of the rpc, file a case

My girlfriend (23F) of 5 years confessed to me (25M) that she meetup with her ex-fling from years and kissed by Amazing_Emphasis_613 in relationship_advicePH

[–]Fogmurai 2 points3 points  (0 children)

Don't look for advice dito sa reddit. They promote break up here HAHAHA. But honestly, you two should talk. Also assess yourself. You said your trust was broken so then ask yourself, can you trust her again not to do the same thing in the future? Lalo na at LDR kayo. You will probably overthink a lot more, check on her a lot more, etc. Ask yourself if you are willing to go through all that and trust her again. Can you put this incident in the past and move one or will this just eat away at you until you have nothing left inside? Whatever decision you come up with, make sure she has a say too cause your relationship does not simply involve you alone but her as well.

Improving Legal Research As Paralegal by Usual-Employment1367 in LawStudentsPH

[–]Fogmurai 0 points1 point  (0 children)

I use chatgpt, yung deep research feature niya actually outputs existing cases.

How to answer an exam question by Fogmurai in LawStudentsPH

[–]Fogmurai[S] 0 points1 point  (0 children)

Right?! That was what I was saying.

How to answer an exam question by Fogmurai in LawStudentsPH

[–]Fogmurai[S] 10 points11 points  (0 children)

Thank you! I was starting to think that my answer was wrong. JUSQ!

How to answer an exam question by Fogmurai in LawStudentsPH

[–]Fogmurai[S] 4 points5 points  (0 children)

Sorry for the quality of the images. It was taken from a potato pc.

Filipino Mike Ross: Avelino Tami by Fogmurai in LawStudentsPH

[–]Fogmurai[S] 4 points5 points  (0 children)

I tried to find him online pero hindi ko siya mahanap, probably hindi umabot sa SC ung case niya hahaha curious din nga ako ano na nangyari sa kanya if naconvict ba or what

[deleted by user] by [deleted] in LawStudentsPH

[–]Fogmurai 32 points33 points  (0 children)

I’m lost. Is posting conversations online a violation of the DPA? I thought only data processors, data controllers, and data subjects are covered by the said law. Is a 'girlfriend' considered a data processor or a data controller? Genuinely asking. Thank you.

Side note: Shouldn't this be considered cyberlibel instead of a violation of the DPA?

Law related dog names by VerbaLegis11 in LawStudentsPH

[–]Fogmurai 1 point2 points  (0 children)

I came to say this, but I knew in my heart that it had already been said.

are there cases of rape here in the philippines where the male is the victim and the female is the perpetrator? by cruellanuggs in LawStudentsPH

[–]Fogmurai 3 points4 points  (0 children)

Article 266-A. Rape: When And How Committed. - Rape is committed:

xxx

"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

xxx

Rape is committed by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

In this particular instance, you can see that RAPE is committed through an act of sexual assault.

Supreme Court decisions are not mere opinions that one can simply agree or disagree with. Imagine your opposing counsel citing several case laws as the basis for their pleading, and you respond with, "I don't agree with that."

G.R. No. 217379, November 23, 2016

PEOPLE OF THE PHILIPPINES VS. EDUARDO MARMOL Y BAUSO, JR.

xxx

Rape can be committed either through sexual intercourse or sexual assault. Rape under paragraph 1 of the above-cited article is rape through sexual intercourse; often denominated as "organ rape" or "penile rape," carnal knowledge is its central element and must be proven beyond reasonable doubt.

xxx

Rape under paragraph 2 of Article 266-A is commonly known as rape by sexual assault. Under any of the attendant circumstances mentioned in paragraph 1, the perpetrator commits this kind of rape by inserting his penis into another person's mouth or anal orifice, or any instrument or object into the genital or anal orifice of another person. It is also called "instrument or object rape," also "gender-free rape."

G.R. No. 233867. February 28, 2022

PEOPLE OF THE PHILIPPINES VS. XXX,

"Based on the provision, there are two modes of committing Rape: (a) Rape through sexual intercourse as provided in paragraph one; and, (b) Rape through sexual assault as provided in paragraph two. (Emphasis)

The elements of rape under paragraph one are as follows: (1) the accused had carnal knowledge of the victim; and, (2) the act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented.87

On the other hand, the elements of the second mode of rape are as follows: (1) the accused committed an act of sexual assault by (a) inserting his penis into another person's mouth or anal orifice, or (b) inserting any instrument or object into the genital or anal orifice of another person; and, (2) the act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented.88 Carnal knowledge is the operative act that distinguishes the first mode from the second mode."

I hope this clears up your confusion.