Atty. Loanzon: "Ito, tingin ko, itatanong sainyo sa Labor Law"
The Salvation Army v. Social Security System G.R. No. 230095, September 15, 2021, Gaerlan, J.
Salvation Army requested that the SSS convert the membership status of its officers from "employees" to "voluntary or self-employed". The SSS and subsequently the Social Security Commission (SSC) denied the request.
The Supreme Court denied the petition. It affirmed that the petitioner’s religious ministers are its employees and that their compulsory coverage under the SSS Law is constitutional.
The Court found that all elements of an employer-employee relationship were present.
The Court ruled that SSS coverage does not violate the non-establishment clause because the government is not setting up or favoring a religion. Social security benefits are provided to ministers as employees, not on account of their religious status.
Atty. Loanzon: "Pakiramdam ko, sureball 'to, itatanong sainyo"
PEOPLE OF THE PHILIPPINES v. ARON AKIL y GUAMALON, G.R. No. 265570, 07 April 2025, THIRD DIVISION, Gaerlan, J
Custodial Rights of a Suspect – Out-of-Court Identification
On August 22, 2017, the motorcycle of JR Belardo was stolen near the Tupi Municipal Gym.
On September 9, 2017, police arrested Aron Akil for stealing a different motorcycle in the same municipality. The following day, police invited Belardo to the station for a "show-up," where he viewed Akil alone in a detention cell. Belardo identified Akil as the thief based on his height and the fact that police had recovered a red cap, yellow shirt, and other items matching the CCTV footage from Akil’s possession.
The Supreme Court granted the appeal and ACQUITTED Aron Akil. The Court ruled that the prosecution failed to prove Akil's guilt beyond reasonable doubt because the identification was unreliable and the confession was obtained in violation of constitutional rights.
In resolving the admissibility of and relying on out-of-court identification of suspects, courts have adopted the totality of circumstances test where they consider the following factors, viz:
(1) the witness' opportunity to view the criminal at the time of the crime;
(2) the witness' degree of attention at that time;
(3) the accuracy of any prior description given by the witness;
(4) the level of certainty demonstrated by the witness at the identification;
(5) the length of time between the crime and the identification; and,
(6) the suggestiveness of the identification procedure.
Here, Akil was presented to the victim of the carnapping incident after a lapse of 18 days and he was the only suspect presented.
On top of studying, we should not forget that we have to be physically fit and mentally strong on exam days.
Since I believe in the science of simulation, here is my routine so I could easily adjust:
Let us help each other get through this. Fighting!💪🏻
📣 POLITICAL LAW
Constitutional Commissions 🚨
Case digests penned by Justice Mario V. Lopez, Bar Chair for Bar Exam 2024. Give attention to the Constitutional Basis of each case provided ‼️
- PDP-Laban vs. COMELEC, G.R. 225152
- Republic vs. Maneja, G.R. 209052
Ito po lahat ng materials na ginawa ko for the 2023 Bar! 👇🏽👇🏽👇🏽
Pre-week Written
https://t.co/lIxoMa6VRt
Pre-week Video
https://t.co/6r2Min5aKi
Last minute tips
https://t.co/UKQlTGdNcq
Corporation - Enumeration Mnemonics
Sharing some enumerations for memorization and my own mnemonics. I'm a first-letter-basis person for mnemonics so feel free to make your own with the lists below, whatever works for you 😊
PDF: https://t.co/AH6RXZluhT
@attykikay18 @attorney_by2023 Hi, Sib. Nakapag-register ka na po ba? Here’s the link: https://t.co/ylepCKjlzJ
Click APPLY! button lang then drop down Refresher Law sa next page :) Sunod-sunod na yun. Matic din nage-email yung Records
How I conquered the 2023 BAR, a thread.
(What worked for me might not be applicable for you)
1. Cognium Extra Strength.
Before my review proper, I saw a post here in twitter of a Caguioa Bar Passer. In all fairness, effective talaga siya kahit mahal.