PROJECT JURISPRUDENCE

A contract of sale of property, WITHOUT CONSIDERATION, and executed by a person who is of low intelligence, illiterate, and who could not sign his name or affix his thumbmark, is void. (Aguinaldo v. Esteban. G.R. No. 27289. April 15, 1985, cited by Paras [2008]) It is significant to note that herein plaintiff-appellant was not even a witness in the document when his father who is of low intelligence, illiterate and could not even sign his name, affixed his thumbmark in the document in question. It would appear that the execution of the contract was made behind his back and/or without giving notice to him. Stated differently, if the transaction was on the level, why was not plaintiff-appellant asked to sign as a witness to the document. It may be true that the contract was read to the old man but it is doubtful if he understood the meaning of its contents. The contract was so written that anyone could believe he was only giving his property by way of mortgage, not as a sale. For insta...

There are three reasons why the law on wills and succession (under the New Civil Code of the Philippines) is a very important piece of legislation. [1] The natural law which obliges a person to provide for those he would leave behind as a consequence of family relations; a recognition of the natural law of consanguinity, or of blood, and the natural affection of a person toward those nearest him in relationship. (In writing this, Paras [2008] cites Henry v. Thomas, 20 N.E. 519, 118 Ind. 23.) In a person's life, he comes across people with whom he develops a certain degree of familiarity. This familiarity is often called love but, whatever it is and whatever people call it, this strong emotional connection we have with others is sufficient basis to impel us to craft rules regarding the transmission of rights over property from the dead to the living. It is but natural to expect a person to want that certain members of his family or circles of friends be left with his hard-earned ...

The principle of laches is creation of equity. It is applied, not really to penalize neglect or sleeping upon one's right, but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation (Asuncion v. CA Et. Al., 150 SCRA 353 [1987]). Petitioners' action is inevitably barred by the equitable principle of laches. Petitioners were aware that the land was in the actual possession of private respondent and his predecessor-in-interest but did nothing to immediately claim it or verify the status of their possession. As observed by this Court under similar circumstances, there is evidently a failure or neglect for an unreasonable and unexplained period of time to do what they claimed they were entitled to do, where petitioners failed to institute any action for reconveyance nor did they seek reconveyance until about twenty five (25) years from the execution of the Deed of Sale. Such negligence or failure warrants the assumption that the parties ...

QUESTION FROM A GROUP MEMBER: Hi, permission to post po. I hope you guys can give me some advice. Situation of a friend. Nag wowork po sa under ng AGENCY. 1 year po ang contract nya sa agency nila, pero yung company na pinag sendan ng agency sakanya, binayaran yung natitirang 1 month nya sa agency at pinilit syang I absorb ng company kahit ayaw nya. So ang nangyari po is panibagong contract nanaman under COMPANY na. Dahil nga po ayaw nya naman na I absorb sya ng company, nag resign nalang po sya. Dahil sa hindi magandang pamamalakad at malaki at sapilitang CASH BOND na binabawas sakanya every cut-off, na hindi naman pala ibabalik sakanya. Ang paliwanag naman po sakanya about sa CASH BOND ay installment daw po yun para sa ibinayad ng company sa agency para ma absorb sya. Na in the first place ay hindi naman nya gustong ma absorb ng company. Ngayon dahil po sya ay nag resign sa COMPANY, pinipilit syang magbayad ng Php 14,000+ dahil daw kailangan nyang ibalik ang binayad ni COMPANY kay AG...

The discussion below is based on an outline in the book of Paras (2008). Please see citation below. His books are available in fine bookstores nationwide. Is there a difference between "civil law" and the "Civil Code"? Definitely, the answer is yes. Civil law is a broad subject; in fact, it is one of the eight subjects in the bar examination in the Philippines. On the other hand, the New Civil Code of the Philippines is simply one of the many sources of civil law provision in our legal system. In other words, the Civil Code is a repository of civil laws but it is not the only source of civil laws. Other examples of civil laws not found in the Civil Code are explained by Paras (2008) in his books, part of which is quoted below. "While most of our civil laws are found in the Civil Code, still the Civil Code is not the only place where we can fi nd our civil laws. A Civil Code is a compilation of existing civil laws, scientifically arranged into books, titles,...

Political law is that branch of public law which deals with the organization, and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. Political law (or political activity law) is an established legal practice area encompassing the intersection of politics and law. Political law comprises election law, voting rights law, campaign finance law, laws governing lobbying and lobbyists, open government laws, legislative and executive branch ethics codes, legislative procedure, administrative procedure, constitutional law, and legislative and regulatory drafting. Political laws are applied primarily to government officials, candidates, advocacy groups, lobbyists, businesses, nonprofit organizations, and trade unions. SOURCES:  Nachura (2014). Outline Reviewer in Political Law. Antonio Eduardo B. Nachura. VJ Graphic Arts, Inc. www.facebook.com/vjgraphics/photos/a.662013483918998/858385384281806 Politi...

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court has adopted and promulgated the Rules of Court (effective July 1, 1997) concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997) The following provision is taken from Rule 39 on Execution, Satisfaction and Effect of Judgments. Section 6. Execution by motion or by independent action. — A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and t...

BANCO FILIPINO SSAVINGS AND MORTGAGE BANK, petitioner, vs. COURT OF APPEALS and SANTIAGO (Isabela) MEMORIAL PARK, INC., respondents. [G.R. No. 143896. July 8, 2005] xxx Based on the foregoing, there is no basis for the order of the CA to allow private respondent to repurchase the foreclosed property in the amount of P925,448.17 plus the expenses incurred in the sale of the property, including the necessary and useful expenses made on the thing sold. WHEREFORE , the decision of the Court of Appeals dated March 31, 2000 is hereby REVERSED and SET ASIDE. The Order of the Regional Trial Court of Santiago, Isabela, Branch 21, dated May 10, 1994 in Civil Case No. 2036 dismissing the complaint for redemption and specific performance is REINSTATED and AFFIRMED.

On its Facebook page, Ponferrada Ty Law Offices wrote a post (quoted below with additional comments from Project Jurisprudence) about some notable changes in the Corporation Code, introduced by a new amendatory law signed by President Duterte. To read the whole post and to avail of their services, please go to "Ponferrada Ty Law Offices" at www.facebook.com/ptlaw/posts/2480537848633640. [1] INCORPORATORS: Removal of the minimum number of incorporators. Under the law before this amendment, "Any number of natural persons not less than five (5) but not more than fifteen (15), all of legal age and a majority of whom are residents of the Philippines, may form a private corporation for any lawful purpose or purposes." [2] MINIMUM CAPITAL STOCK: Imposition of a Php 1,000,000.00 minimum capital stock on stock corporations. This effectively increases the minimum paid-up capital to Php 62,500.00. This is because 25% of the capital stock must be subscribed and 25% of the...

The doctrine of laches is also called the doctrine of estoppel by laches or the doctrine of stale demands . In other textbooks, it is also called the doctrine of slumbering/sleeping on one's rights . The doctrine of laches is based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and, unlike the statute of limitations, is not a mere question of time but is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. (G.R. No. 152145. March 30, 2004) The doctrine of laches is an equitable principle applied to promote but never to defeat justice. Thus, where laches is invoked against a plaintiff by reason of the latter's failure to come to court within the statutory period provided in the law, the doctrine of laches will not be taken against him where the defendant is shown to have promised from time to time to grant the relief sought for. Again, We have jurisprude...

The word “civil’’ is derived from the Latin word “civiles,’’ a citizen, as distinguished from a savage or a barbarian. Originally, the word pertained to a member of a “civitas’’ or free political community. (Black’s Law Dictionary, p. 331) What is civil law? Paras (2008) defines it as that branch of law that generally treats of the personal and family relations of an individual, his property and successional rights, and the effects of his obligations and contracts. In short, civil law governs the relations of a person with his family and other people; it covers not only family relations but also property, contractual and other relations that are natural consequences of people interacting with one another. Civil law is actually called "civilian law" in other jurisdictions. "Civilian" is an apt term because  rights and duties of individuals among themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpos...

It is important to note that a contract  of  sale is different from a contract  to  sell. A contract to sell is a bilateral contract whereby the prospective seller, while expressly reserving the ownership of the subject property despite delivery thereof to the prospective buyer, binds himself to sell the said property exclusively to the prospective buyer upon fulfillment of the condition agreed upon, that is, full payment of the purchase price. In such contract, the prospective seller expressly reserves the transfer of title to the prospective buyer, until the happening of an event, which in this case is the full payment of the purchase price. What the seller agrees or obligates himself to do is to fulfill his promise to sell the subject property when the entire amount of the purchase price is delivered to him. Stated differently, the full payment of the purchase price partakes of a suspensive condition, the non-fulfillment of which prevents the obligation to sell...

The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The Código Civil remained in effect even throughout the American Occupation; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice Ramón Avanceña, but its work was interrupted by the Japanese invasion and the Second World War. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947, President Manuel Roxas of the Third Republic created a new Code Commission, this time headed by the former Dean of the University of the Philippines College of Law, Jorge Bocobo. Among the members of this new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future Vice-President Arturo Tolentino. The Code Commission c...

Below is a discussion by Atty. Manuel J. Laserna, Jr. (mjlasernajr@gmail.com) regarding the negative effects of "pork barrel" or "congressional insertions." For more of his informative, educational articles and posts, please visit: http://attylaserna.blogspot.com or https://www.facebook.com/attymannylasernajr. Pork barrel is a metaphor for the appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district. The usage originated in American English. In election campaigns, the term is used in derogatory fashion to attack opponents. In the Philippines, the term "pork barrel" is used to mean funds allocated to the members of the Philippine House of Representatives and the Philippine Senate to spend as they see fit without going through the normal budgetary process or through the Executive Branch. It can be used for both "hard" projects, such as buildings and roads, and ...

Here is a summary of the remedies available to a party who has been declared in default: FROM NOTICE OF ORDER OF DEFAULT BEFORE JUDGMENT [1] File a motion to set aside order of default. (Rule 9, Sec. 3(b)) [2] When there is abuse of discretion amounting to lack or excess of jurisdiction on the part of the court issuing such order of default, file a petition for certiorari. (Rule 65) AFTER JUDGMENT BEFORE FINALITY [1] File a motion for reconsideration. (Rule 37, Section 1) [2] File a motion for new trial. (Rule 37, Section 1) [3] File an appeal. (Rule 41, Section 1) AFTER FINALITY OF JUDGMENT [1] File a petition for certiorari. (Rule 65) [2] File a petition for relief from judgment. (Rule 38) [3] File a petition for annulment of judgment. (Rule 47)

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court has adopted and promulgated the Rules of Court (effective July 1, 1997) concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997) The following provisions are under Rule 47. Section 1. Coverage. — This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner. Section 2. Grounds for annulment. — The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdi...

DECISION:  WHEREFORE, the judgment appealed from is hereby AFFIRMED with regard to the penalty of reclusion perpetua and MODIFIED as to the indemnity to be paid to the offended party which is reduced to TWENTY THOUSAND (P 20,000.00) PESOS. With costs against the accused- appellant. FACTS:  Ironically, a Valentine's [D]ay brought not love but tragedy to the life of Erlinda M. Ferrer. In a Complaint dated October 4, 1978, the accused Ricardo Muñoz was charged as follows: That on or about February 14, 1978, in the City of Manila, Philippines, the said accused did then and there wilfully, unlawfully and feloniously, by means of force, violence and intimidation, to wit: by then and there boxing the undersigned complainant several times on the different parts of her body, particularly on the head, thighs and stomach until she weakened, then pushing her to the floor of the jeep and further boxing her thighs as she was pressing them together, then tearing off her panty at the same...

Here are 15 phrases in law school that law students should NEVER forget. These are common refrains or keywords in textbooks and Supreme Court decisions that may prove handy as they move up from first year to fourth year in law school. Better know them now before it's too late? [1] Serve and file The rule regarding motions is "serve and file," NOT file and serve. In short, before a written motion is filed in court, the adverse party must be served therewith. Proof of such service is required. Sections 4 and 5, Rule 15 require that every written motion be set for hearing by the movant, except those motions which the court may act upon without prejudicing the rights of the adverse party.The notice of hearing must be addressed and served to all parties at least three days before the hearing. A motion which does not meet the requirements of Sections 4 and 5, Rule 15 of the 1997 Rules of Civil Procedure is considered pro forma; it is nothing but a worthless piece of pap...

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court has adopted and promulgated the Rules of Court (effective July 1, 1997) concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997) The following are sections in the Rules on Civil Procedure (the first part of the Rules of Court) mentioning "one (1) year" rules. Three sections below are taken from the rule on execution of judgments. The other two are taken from the rule on original cases in the Court of Appeals and the rule on forcible entry and unlawful detainer. RULE 39, Section 25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds. — Upon a sale of real property, ...