No, the motion to quash should not be granted.

Jurisprudence provides that the a violation of Violence against Women and children based on
psychological abuse can be filed where any of the elements occurred.

Here, AAA suffered the psychological abuse in the Philippines. Thus, RTC have jurisdiction to try the
case.

Hence, the motion to quash should not be granted.

Mr. Aaron is liable for bribery.

Social justice is neither communism, despotism, nor atomism, nor anarchy, but the humanization of laws
and equalization of social and economic forces of the State so that its rational and objectively secular
conception may at least be approximated.

The State shall afford full protection to labor, local and overseas, organized or unorganized. Promote full
employment and equality of employment opportunities for all.

The State shall guarantee the rights to self-organizations and peaceful concerted activities.

Security of tenure is the right of the employees not to be dismissed without authorized or just cause and
due process.

Four fold test.

Selection and engagement of employees.

Payment of wages.

Power of dismissal.

Power of control not only to the result but also to the means and methods achieving such results.

Old age, the company is under control of another, closure of business, strained relationship, insolvency
of the employer, the position no longer exists.

4 types of employees

Regular, project, seasonal, casual

Regular Employee

Person who is performing a task which is necessary and desirable in the usual business of the employer.

A person who is performing a task for more than one year regardless if it is necessary in the usual
business of the employer.
Fixed term employees.

Hired only for a definite period.

Elements of abandonment of work.

1. Absence without justified reason.

2. There must no intention to return to work.

Job contracting

1. The contractor has an independent business free from control of the principal except for the
results of the work.
2. The contractor has a substantial capital in the forms of tools, machineries and work premises.
3. Service agreement must comply to all the labor standard and relations laws.

syndicated illegal recruitment refers the illegal recruitment is committed by 3 or more persons.

Large scale refers to illegal recruitment committed against 3 or more persons.

Regional Director have jurisdiction if the following concur:

1. There is a employer-employee relationship.

2. Money claims which is not more than 5,000 Pesos.
3. The employee does not seek reinstatement

Strike is a temporary stoppage of work by the work by reason of a labor dispute.

Unfair Labor Practice

Gross violation of the Collective Bargaining agreement

Violation of the workers’ right to self-organization

Union Busting

Yellow dog contract

Agreement as that the employees should not join a labor union as a condition of employment.
Jus Cogens

It is a peremptory norm of general principles of international law that is non-derogable.

It can only be replaced by subsequent norm of the same character.

Erga Omnes

Erga Omnes obligations is an obligation of the State towards the international community of State as a
whole.

International custom and opinion juris

If the act performs is coupled with conviction that is obligatory and right, it becomes an international
custom. If it not coupled with conviction, it is a usage.

Relation ship with Domestic Law

Doctrine of incorporation

The generally accepted principles of international laws are deemed form part of the laws of our land.

Pactum Sunt Servanda

Treaties must be complied in good faith.

Doctrine of Transformation

International laws does not become automatically form part of the of the land. It needs a law or treaty
to become a part of the laws of the land.

Judicial power is the power to settle actual controversies of rights which are legally demandable and
enforceable, or to determine whether there is a grave abuse of discretion amounting to lack or excess of
jurisdiction in any part or branch or instrumentality of Government.

Political questions

These are questions which are to be decided by the people in their sovereign capacity, or those, in
regard to which the full discretionary authority has been delegated to the legislative or executive branch
of government.

Requisite of justiciable controversy.

1. There must be an actual case or controversy.

2. It must be raised by the proper party.
3. It must be raised at the earliest opportunity.
4. The constitutionality must be the lis mota of the case.

Exception to the moot and academic principle.

1. There is a grave violation of the constitution.

2. Paramount public interest is involved.
 3. Constitutional issues raised requires formulation that will guide the bench and the bar.
4. The case is capable or repetition yet evading review.

Rule making powers of the Supreme Court

The Supreme Court has the power to promulgate rules concerning the enforcement and
protection of constitutional rights, pleading, practice, and procedures in all courts, the
admission to the practice of law, the Integrated bar, and legal assistance to the underprivileged.

The supreme Court has the power to promulgate rules concerning to the protection and
enforcement of constitutional rights, pleading, practice, procedure in all courts, admission to the
practice of law, Integrated bar, and legal assistance to the underprivileged.

Who may teach

What may be taught

Who may be admitted to study

How it shall be taught

Emergency Powers of the President

The Congress may delegate emergency powers to the President if the following requites are presents:

1. There must be a war or national emergency.

2. It must be for a limited period.
3. It must set restrictions as the Congress may prescribed.
4. It must be pursuant to a declared national policy.

Important powers of the President.

1. Calling out-power as commander-in-chief of the armed forces.

2. Power to declare martial law.
3. Power to suspend the privilege of the writ of habeas corpus.
 Void for vagueness.
When the law is vague, it should be declared void.
It is vague it a person of common intelligence has to guess as to its meaning and differ in its
application.

Overbreadth doctrine
When a governmental purpose to prevent activities which is subject to state regulation may not
be achieved by means which sweep unnecessarily broadly thereby invading the rights of
protected freedom.

When a governmental purpose to prevent activities which is subject to state regulation may not
be achieve by means which sweep unnecessarily broadly thereby invading the areas of
protected freedom.

Valid classicifaction
1. There must be substantial distinction
2. It must be germane to the purpose of the law.
3. It must not be limited to existing conditions.
4. It must equally to all the members of the same class.

Issuance of search warrant or warrant of arrest.

1. There must be a probable cause.

2. To be determined personally by the judge.
3. After examination under oath or affirmation of the complaint and the witness he may produce.
4. Particularly describing the place to be searched to the person or things to be seized or arrested.

Content-based restriction
Content-based restriction is restriction on the content of the speech. This is considered as a
prior restraint which is unconstitutional. To justify a content-based restriction, there must be a
clear and present danger that the state is trying to prevent.

Content-neutral restriction
Restriction is not to the content of the speech but to its incidents like time, place and manner of
the speech. This restriction has the presumption of constitutionality.
 Rally without permit
1. If it is held in a private property.
2. If it is held in the campus of a state college or university.
3. If it is held in a freedom park.

The right to travel may only be impaired in the interest of national security, public health,
public safety, as my be provided by law.

The right to bail.

He will not be a flight risk and danger to the community.
There are humanitarian and compelling circumstances that will justify the grant of bail by
clear and convincing evidence.

Privilege from arrest.

A senator or member of the house of representative shall, in all offenses punishable by not
more than six years of imprisonment, be privilege from arrest.

No members of Senate or House of representative shall be questioned nor be held liable in

any other place for any speech or debate in the Congress or in any committee thereof.

No members of Senate or HOR shall be liable for any speech or debate made in the congress
or any committee thereof.

Incompatible Office.
No Senator or member of the HOR may hold any other office or employment in the
government or any branch or instrumentality including government owned control
corporations during his term without forfeiting his seat. Except in ex-officio capacity.

No Senator or Member of HOR may be appointed to any office which have been created or
the emoluments have been increased during his term for which he was elected.

Bills which are required to originate from the House of Representative.

1. Appropriation Law.
2. Private Bills.
3. Revenue or Tariff Bill
4. Bills of Local Application.
5. Bills increasing public debt.
The Enrolled Bill Doctrine

Once a bill has been a enrolled bill, it becomes conclusive upon the courts as to its due enactment.

It is signed by the Senate President and Speaker of the house and the certification of secretaries of each
houses.

He signs the bills and becomes a law

He vetoes the bills and does not become a law

Fails to act on the bills after 30 days. It will become a law.

Amendment to or revision

Constitutional Assembly, by ¾ votes of all the members of the Congress.

Constitutional Convention, by 2/3 votes of all the members of Congress or by delegating it to the people
by majority of votes of all the members of the Congress.

People’s initiative by a petition representing 12% of the total registered voters which every legislative
district must be represented by at least 3% of the registered voter.

Source of international law.

International Convention or Treaty

International Custom

Generally accepted principles of international law

Judicial decisions

Teachings of the most authoritative publicists of various nations

Tax

Ordinary asset

Stocks listed in stocks exchange or properties for sale in the ordinary course of business

Properties which would be included at the inventories at the end of the taxable year.

Properties which would depreciate

Real properties used in the usual business of the taxpayer.

Any other assets are capital asset.