PROJECT JURISPRUDENCE

FIRST PURPOSE.  Act No. 2031 or the Negotiable Instruments Law (NIL) applies only to negotiable instruments or to those instruments which meet the requirements laid down in Section 1 of the law. [1] An instrument to be negotiable must conform to the following requirements: (a) It must be in writing and signed by the maker or drawer; (b) Must contain an unconditional promise or order to pay a sum certain in money; (c) Must be payable on demand, or at a fixed or determinable future time; (d) Must be payable to order or to bearer; and (e) Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. ("Form of negotiable instruments." Section 1 of the NIL) It is designed to describe fully the law of negotiable instruments. It covers the entire subject of negotiable instruments and must be , treated as a complete body of law upon the subject and controlling in all cases to which it is applicable. It is decisive as to

The New Civil Code is the primary statute that governs torts in the Philippines. Article 1157 of the New Civil Code includes quasi-delict as a source of obligation. This source of obligation is classified as “extra-contractual obligation” and is governed by Chapter XVII, Chapter 2 of the Code consisting of Articles 2176 to 2194. Other provisions that are considered “tort” provisions can be found in other titles of the Code and in special laws. These tort provisions, just like the rest of the provisions of the Civil Code, are from Spanish, French as well as Anglo-American law. [1] Quasi-delict is not a crime, although many students mistakenly believe so. Remember that criminal negligence is a crime (delict), not quasi-delict. [2] Quasi-delict, by definition, is extra-contractual. Article 2176 states that there should be no pre-existing contractual relations. In short, if the obligation arises from contract and breach thereof is complained of, the basis of action should be the contra

The Supreme Court has designated Justice Diosdado M. Peralta as Working Chairperson of the Committee on the Revision of the Rules of Court. In an earlier speech before the University of Santo Tomas community, Chief Justice Lucas P. Bersamin stressed that the Committee on the Revision of the Rules of Court “is the most important of all the committees in the Supreme Court,” explaining that aside from deciding cases, updating the rules of court “is very basic, if not the other important function of the Court under the Constitution.” And he said that he “cannot entrust this Committee to any other person except to the most competent and that is no other than a Thomasian - Justice Peralta.” Chief Justice Bersamin wants to update the “procedural rules to make them embody and be attuned to the technological developments,” which tops his initial 4-point agenda for the Judiciary. Admitting that the current Rules of Court “still contain provisions that institutionalize delays,” he said tha

Chief Justice Lucas P. Bersamin today acknowledged the Cebu City’s efforts in adhering to the Justice Zone project's objective of a swift and fair administration of the criminal justice system. The Justice Zone project is one of the projects of the Justice Sector Coordinating Council (JSCC) which is supported by the Justice Sector Reform Programme: Governance in Justice (GOJUST) Programme under financial grant by the European Union (EU). Speaking before the Cebu City Justice Zone stakeholders meeting at Seda Hotel, Chief Justice Bersamin expressed satisfaction seeing a harmonious and cooperative atmosphere in the city between and among the justice sector agencies, as led by the judiciary. “I saw Cebu City’s efforts to achieve the overall Justice Zone objective of having a swift and fair administration of justice, under your immediate objective of increased efficiency and effectiveness of the criminal justice system," said the Chief Justice. Following Quezon City, Justic

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

The Constitution requires that the State promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes of settling disputes, including conciliation and to enforce their mutual compliance therewith to foster industrial peace. These mandates have been partially complied with by the Philippine government through the issuance of labor laws and pieces of social legislation that ensure the rights of workers and the maintenance of harmony in employer-employee relations. Azucena (2013) emphasizes that no one sector is to be unjustly favored. In fine, it must be emphasized that in the resolution of labor cases, this Court has always been guided by the State policy enshrined in the Constitution that the rights of workers and the promotion of their welfare shall be protected. However, consistent with such policy, the court cannot favor one party, be it labor or management, in arriving at a just solution to a controversy if the party

Please watch the video below. The alleged miracle starts from the 4:30 mark. A group of funeral directors in South Africa say they will sue a self-styled prophet who claims to have resurrected a dead man. A viral video of Pastor Alph Lukau shows him shouting "rise up" to a man lying down in a coffin who then jerks upright to cheers from worshippers. The funeral companies say they were manipulated into being involved. The spectacle, seen outside Pastor Lukau's church near Johannesburg, has been ridiculed and condemned by many. "There are no such things as miracles," the Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities (CRL Rights Commission) told South Africa's national broadcaster. SOURCE:  BBC News (2019). South Africa funeral firm to sue pastor for 'resurrection stunt'. February 27, 2019. https://www.bbc.com/news/world-africa-47370398

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

Administrative law lays down the rules which shall guide the officers of the administration in their actions as agents of the government. International law, on the other hand, cannot be regarded as binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into the administrative law of the state. Administrative law is internal; it concerns itself with how the executive branch and other offices of the government work in their service to the people and their relation to each other. On the other hand, international law is inter-state; it concerns itself with the conduct of states in the global arena. The main purpose of administrative law is the regulation of the quasi-legislative or rule-making power of administrative agencies and their quasi-judicial (adjudicatory) functions. The main purpose of international law is international peace. CASE #1:  As one of the public offices of the Government, the Bureau

Deposit contracts are real contracts. They may be onerous or gratuitous. The discussion below is based on an outline by De Leon and De Leon, Jr. (2010) in their book on credit transactions. Please see citation below. Their books are available in fine bookstores nationwide. [1] It is a real contract like commodatum and mutuum because it is perfected by the delivery of the subject matter. There are two reasons why a contract of deposit is a real contract. First is an express legal provision saying that a deposit is constituted "from the moment a person receives a thing." Second is the fact that the bailee in deposit cannot physically and legally perform his obligations over the thing unless he has it in his possession. Moreover, there can no breach of the contract without such delivery. "A deposit is constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of returning the same. If the safekeeping of the

A man who was wrongfully convicted for killing an ex-girlfriend and her son four decades ago has reached a $21 million settlement with the city of Simi Valley, officials said. $21 million is roughly equal to 1,050,000,000 pesos. Craig Coley, 71, was sentenced to life in prison without parole for the 1978 murder of his former partner, Rhonda Wicht, and her 4-year-old son, Donald, at their apartment. He had always maintained his innocence, and was pardoned in 2017 by California’s then-governor, Jerry Brown, based on exculpatory DNA evidence found by investigators. “While no amount of money can make up for what happened to Mr. Coley, settling this case is the right thing to do for Mr. Coley and our community,” Simi Valley City Manager Eric Levitt said on Saturday in a statement. The 39 years Coley spent behind bars was the longest prison term ever overturned in California, the statement said. Since his release, Coley has spoken to law enforcement officials about evidence coll

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

NO RECOMMENDED CITATION. PJP UNDOCKETED : This content has not yet been peer reviewed and has not yet received any favorable recommendation for citation. Caution is advised. The discussion below is based on an outline by Paras (2008) in his book on property law. Please check citation below. His books are available in fine bookstores nationwide. A thing is anything, but property is one capable of appropriation or already appropriated by man. Therefore, a thing can be one belonging to someone (property in the real sense), one belonging to everyone (thing in the real, legal sense) and one belonging to no one (property or thing depending on capability of being appropriated). According to Paras (2008), there are three kinds of things, depending on the nature of their ownership: [a] res nullius (belonging to no one); [b] res communes (belonging to everyone); and [c] res alicujus (belonging to someone). Below is an explanation for each. RES NULLIUS. A thing that belongs to

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,

The discussion below is based on Agcaoili (2006)'s outline in his book on Land Titles and Deeds. Please see citation below. His books are available in find bookstores nationwide. The 1987 Constitution provides that, except for agricultural lands of the public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into co-production, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development and utilization. Although the majority view is that the Constitution adheres to the doctrine of jura regalia, there is a view that this is not the case. Please see Justice Leonen's dissent below. The present Constitution, like the 1935 and 1973

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 Political law. From

This is according to De Leon (2010). His books are available in fine bookstores nationwide. Regarding the historical background of the Philippine Negotiable Instruments Law (Act No. 2031), there are four things to remember: the US Uniform Negotiable Instruments Act; the US Uniform Commercial Code; the president NIL in the Philippines; and the Code of Commerce. [1] U.S. Uniform Negotiable Instruments Act. — Our law is patterned with very slight modifications after the Uniform Negotiable Instruments Act of the United States of 1896 drafted by the National Conference of Commissioners on Uniform State Laws. The Conference was appointed in 1895 to revise and codify the law merchant in the United States as there was much confusion and lack of uniformity then in the court decisions on the subject resulting from the variety of statutes pertaining to commercial paper enacted by various state legislatures. This law, in turn, is based upon and largely copied from the English Bill of Excha

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