Atty. Dong Tumuran Batang Cainta

28/07/2026

Chua-Qua v. Tay Tung High School (G.R. No. 49549), August 30, 1990

FACTS: A 30-year-old teacher, Evelyn Chua, was dismissed by her school for alleged immoral conduct after she married her 16-year-old student, Bobby Qua.The school argued that the relationship violated their code of ethics and amounted to taking undue advantage of a student

ISSUE: Whether the Evelyn Chua was illegally dismissed from her employment as a teacher.

RULING: The Supreme Court ruled that the dismissal was illegal and lacked substantial evidence of immorality

The Court found no substantial evidence that she took advantage of her position to court her student. While falling in love with a student deviates from typical social norms, the Court ruled that falling in love and marrying cannot be casually equated with immorality. Because there was no proof of actual immoral acts, the school failed to prove just cause for termination

The famous line "If the two eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know."

13/07/2026

Why 16 votes are needed despite 3 Senators cannot attend?

""suspension is not synonimous to removal from office.""

Under the 1987 Constitution it says two third of all the members of the Senate is needed to convict an impeachable Officer like VP Sara. Meaning it is equivalent to 16 votes.

The question now is that the 3 Senators (jinggoy, Marcoleta and Bato) are not in the Court to participat and vote. So can they be counted in the 24 Senators to get the 2/3 vote?

The answer is yes. Because, they are still members of the Senate to which their memberships are deemed included in the 24 members. Even it the three Senators are not present, they are not yet removed from office as Senators so they are still members. Only when a Senator has been removed by the Senate as a member, resigned or died, he is still a member.

Now Sen. Jinggoy is preventively suspended by Sandiganbayan due to his Plunder case. So how his membership be treated now? Take note that suspension is not synonimous to removal from office. He may not be able discharge his duties and resposibilities as a Senator temporarily; nevertheless, he is still a member of the Senate.

Sen. Bato is still a member; hence, his act of hiding does not equate to removal from office. The COERSIVE POWER of the Senate can still be directed upon his person.

In the event they cannot vote due to their respective predicaments, their inability to vote is deemed and considered abstain. Ironically, in the legal sense, abstain is to be construed as no vote.

DURA LEX SED LEX - The law may be harsh, but that is still the law.

13/07/2026

Is the Crime Plunder Bailable or not?

D**g Palpal-latoc Tumuran

07/07/2026

Why 16 votes are needed despite 3 Senators cannot attend?

""suspension is not synonimous to removal from office.""

Under the 1987 Constitution it says two third of all the members of the Senate is needed to convict an impeachable Officers like VP Sara. Meaning it is equivalent to 16 votes.

The question now is that the 3 Senators (jinggoy, Marcoleta and Bato) are not in the Court to participat and vote. So can they be counted in the 24 Senators to get the 2/3 vote?

The answer is yes. Because, they are still members of the Senate to which their memberships are deemed included in the 24 members. Even it the three Senators are not present, they are not yet removed from office as Senators so they are still members. Only when a Senator has been removed by the Senate as a member or died, he is still a member.

Now Sen. Jinggoy is preventively suspended by Sandiganbayan due to his Plunder case. So how his membership be treated now? Take note that suspension is not synonimous to removal from office. He may not be able discharge his duties and resposibilities as a Senator temporarily; nevertheless, he is still a member of the Senate.

Sen. Bato is still a member; hence, his act of hiding does not equate to removal from office. The COERSIVE POWER of the Senate can still be directed upon his person.

In the event they cannot vote due to their respective predicaments, their inability to vote is deemed and considered abstain. Ironically, in the legal sense, abstain is to be construed as no vote.

DURA LEX SED LEX - The law may be harsh, but that is still the law.

28/05/2026

23/02/2026

TRUE LOVE VS. IMMORALITY

Chua-Qua vs. Clave. A 30-year old teacher
married a 16-year old student. The teacher was dismissed from the school. What the dismissal valid? Let us discuss.

If the two eventually fell in love, despite the disparity in their ages and academic levels, this only lends substance to the truism that the heart has reasons of its own which reason does not know.

21/02/2026

Psychological Incapacity:

Chi Ming Tsoi v. C.A. and Gina Lao-Tsoi: The wife remained a Virgin for the duration of the marriage. Failure to consummate the marriage through sexual in*******se is considered Psychological incapacity under Art 36 of the Family Code.