PROJECT JURISPRUDENCE

"It is required in the Proposed [new Civil] Code that the seller transfer the ownership over the thing sold. In the old Code his obligation is merely to deliver the thing, so that even if the seller is not the owner, he may validly sell, subject to the warranty to maintain the buyer in the legal and peaceful possession of the thing sold. The Commission considers the theory of the present law [old Civil Code] unsatisfactory from the moral point of view." (Report of the Code Commission, p. 141) By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. (Article 1458) The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. (Article 1459) True, in contracts of sale, the vendor need not possess title to the thing sold at the perfection of the contract. However, the vendo

The seller must transfer ownership to the buyer (Art. 1458) and, therefore, the seller must be the owner of the subject bought. In short, nobody can dispose of that which does not belong to him –– nemo dat quad non habet. (See Azcona v. Reyes & Larracas, 59 Phil. 446 ; see Coronel v. Ona, 33 Phil. 456 ) It must be recalled, however, the seller need not be the owner at the time of the perfection of the contract. It is sufficient that he is the owner at the time the object is delivered; otherwise, he may be held liable for breach of warranty against eviction. It is important to take note that the contract of sale by itself is not a mode of acquiring ownership; it is the transfer or "tradition." (Article 712, Civil Code) The contract transfers no real rights; it merely causes certain obligations to arise. Hence, it would seem that A can sell to B property belonging to C at the time of the meeting of the minds. (TS, Jan. 31, 1921) Of course, if at the time A is supposed to del

This week, another batch of law students will have wasted an extra year of their lives to study for the month-long bar exam. This is in addition to four years of law school where every moment was defined by the bar. It is high time the Philippines got rid of its unique obsession with what was supposed to be a simple licensure exam that mutated into a rite of passage and national spectacle. (Read more: Oscar Franklin Tan, 2014. Why bar exams ruin legal education. The Inquirer. https://opinion.inquirer.net/78982/why-bar-exams-ruin-legal-education) We Filipinos do not realize that we are the only society that banners bar topnotchers on the front pages of newspapers. My American classmates in Harvard Law School openly said that every point they scored above passing in the New York bar represented eight wasted hours of their lives. Our bar reviewer stressed that the exam demands a lower level of intelligence. I saw confused looks on my classmates’ faces in reaction to a Filipino citing “bar

CASE DIGEST: [ G.R. No. L-29421, January 30, 1971 ] LINO ARTATES & MANUELA POJAS, PLAINTIFF-APPELLANTS, VS. DANIEL URBI, CRISANTO SOLIVEN, ASSISTED BY HIS GUARDIAN 'AD LITEM', MARCELA B. SOLIVEN, REMIGIO BUTA­CAN AND NEMESIO OÑATE, IN THEIR PRIVATE CAPACITIES AND/OR AS EX?OFICIO PROVINCIAL SHERIFF AND DEPUTY SHERIFF OF CAGAYAN, RESPECTIVELY, AND BIENVENI­DO CACATIAN, AS DEPUTY REGISTER OF DEEDS OF CAGAYAN , DEFENDANTS-APPELLEES. FACTS: A homestead patent was issued to a married couple (Lino Artates and Manuela Pojas) Sept. 23, 1952. Because of a crime (physical injuries) Artates had committed and for which he was found guilty (Mar. 14, 1956), the homestead was SOLD at a public auction to satisfy Artates’ civil liability. Note that the sale was made less than four years after the acquisition by the couple of the land. Now then, under Sec. 118 of the Public Land Law (Com. Act 141), such homestead, generally cannot be sold, cannot be enc

Albano explains that husband and wife cannot donate to one another. The prohibition, extends to common-law relationship. (Art. 87, Family Code) The reason is public policy; the possibility that one may exert undue influence over the other. They cannot also, as a rule, sell to one another, except in cases where they are governed by the complete separation of property regime or when there is separation of properties during the marriage. (Art. 1490, New Civil Code) Husband and wife cannot also enter into a universal partnership of all properties. (Art. 1782, NCC) The law also declares as void marriages among relatives in the direct line, whether legitimate or illegitimate (Art. 37, Family Code); or those in the collateral line up to the fourth civil degree of consanguinity by reason of public policy. (Art. 38, Family Code)

If one has been declared insolvent, he cannot just dispose of his properties existing at the time of the commencement of the proceedings for insolvency. No payments of property or credit can be made to him. (Albano, citing Sections 18 and 24, Act No. 1956) Section 1 of Act No. 1956 provides: This Act shall be known and may be cited as the Insolvency Law, and in accordance with its provisions every insolvent debtor may be permitted to suspend payments or be discharged from his debts and liabilities. Under the head of "Voluntary Insolvency," among other things, Section 18 of the Act provides: Upon the granting of said order all civil proceedings pending against the said insolvent shall be stayed, When a receiver is appointed, or in assignee chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee, as the case may be, all the property, assets, and belongings of the insolvent which have co

It's absolutely possible to get the equivalent of a university legal education from books. All you'd need to do is read the textbook for each compulsory subject in a college curriculum. None of it is hard - it's just a lot of reading. (Read more: Patrick Brown, Web Developer and Corporate Lawyer. Is it possible to become a self-taught lawyer? Answered June 25, 2012. https://www.quora.com/Is-it-possible-to-become-a-self-taught-lawyer) That said, the most important thing for anyone who wants to be a practicing lawyer is to get hands-on experience. I can't think of a way to get that experience anywhere outside the workplace - and it's impossible to get it from a book. The best indicator of this is how useless law graduates are for law firms when they first arrive. They might have spent several years learning about the law, but none of them have the foggiest idea about how to "practice." As an example, it would be possible to practice drafting by looking at sp

I'm not sure if you're speaking practically, or intellectually. I would start by studying the difference between criminal and civil law. Criminal law is what you see on TV, law and order--people getting into trouble with the law for committing an actual crime. Civil law is essentially suing someone for causing damage to you. This includes suing someone for breaking a contract, suing someone for not shoveling their steps so you slip and fall on them, or any other type of lawsuit that is not criminal. Once you begin to separate the two, the doors open to specializing a bit. First, do you want to focus on criminal law so you can tell your friends what to do or say when stopped by a police officer, or questioned by a detective? Do you want to know just how far you can go without committing a felony? What constitutes a "felony"? Or you can start to study things like contracts, torts, and tax law. I would make a tree to see the type of things you're most interested in k

This tends to be the advice from most law professors and law graduates to newcomers back in the day: (Read more: Robert Charles Lee, Printbroker, financial printer, ex-lawyer. How can I start learning law? Answered December 8, 2015. https://www.quora.com/How-can-I-start-learning-law) Think of law as a very complex game (criminal vs. civil vs. tort vs. equity vs. decrees) with highly complex rules (legislation plus cases vs. constitutionality) operated by and on highly complex individuals (criminal vs. civil) in rather complex language. It's a more complex form of chess in that the 'squares' (principles and cases) are not quite square or regular in pattern. Everything you learn, think, say and do are geared to solve someone else's legal problems, so that practically everything is about issues, review of the applicable body of laws, application of the laws to the case (not the other way around), and probable outcome. That means you have

"The fact that one has been absent for several years and his whereabouts cannot be determined, subjects his property to administration by order of the court although his capacity to act is not limited." (Memorandum of the Code Commission, L.J., July 31, 1953)

CASE DIGEST: [ G.R. No. L-31606, March 28, 1983 ] DONATO REYES YAP AND MELITONA MARAVILLAS, PETITIONERS, VS. HON. EZEKIEL S. GRAGEDA , AS JUDGE OF THE COURT OF FIRST INSTANCE OF ALBAY AND JOSE A. RICO, RESPONDENTS. FACTS: A residential lot in Albay was sold to a Chinese who later became a naturalized Filipino. ISSUE: Can the vendor recover the lot? HELD: No more, because the purpose of the constitutional provision has already been achieved. Note that the buyer has already become a naturalized Filipino. "But the factual set-up has changed. The litigated property is now in the hands of a naturalized Filipino. It is no longer owned by a disqualified vendee. Respondent, as a naturalized citizen, was constitutionally qualified to own the subject property. There would be no more public policy to be served in allowing petitioner Epifania to recover the land as it is already in the hands of a qualified person. Applying by analogy the rulin

Under Article 381 of the Civil Code, when a person disappears from his domicile, his whereabouts being unknown, he is considered as absent. The court can appoint an administrator at the instance of an interested person, a relative or a friend. His continued absence can even result in the presumption of his death (Art. 390, NCC); hence, his successional rights may be opened. It must be recalled that the presumption of death is not conclusive, for he may be alive and can still dispose of his properties. In fact, under Article 389 of the Civil Code, if someone can prove that he acquired title over his properties under administration, the administration would cease. (Albano, pg. 183)

Aliens cannot acquire land in the Philippines. Save in cases of hereditary succession, the 1987 Constitution provides that no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. (Section 7, Article 12, 1987 Constitution) This, however, is not set on stone as the Constitution itself provides an exceptions. It says that, notwithstanding the provisions of Section 7, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Section 8, Article 12, 1987 Constitution) The limitation provided by law is that if such former natural-born citizen acquires land in Metro Manila, he can do so but not exceeding 5,000 square meters. If outside, the limit is three (3) hectares. It can be acquired for all purposes. (Albano) Lands of the public domain, which include private lands, may be transferred or

The following circumstances, among others, modify or limit capacity to act : age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality , family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. (Article 39, Civil Code) "Under our law it may be inferred that the acts of prodigality must show a morbid state of mind and a disposition to spend, waste, and lessen the estate to such an extent as is likely to expose the family to want of support, or to deprive the forced heirs of their undisposable part of the estate." ( G.R. No. 445, March 31, 1902 ) "[U]ndisposable part of the estate" refers to the legitime (the compulsory share of an heir). According to Albano, a spendthrift is "a person who, by excessive drinking, gambling, idleness,

Can people pass the bar exam by luck? This is Rosemary E. Williams' answer to this question, revised and reformed in order to fit the context of the Philippine bar exams. Rosemary works at Rochester, NY. The question was answered on June 21, 2019. I’ve been a bar grader on the essay portion, and have taken and passed my fair share of bar exams. As a general rule, more than half the people taking a given bar exam will fail, even if they have taken a bar previously. This is a [one-month] endurance contest [actually, six months if the pre-bar review is considered or at least four years and six months if counting from the first day of law school] requiring the applicant to be able to analyze, argue and write under pressure of exhaustion and time constraints. I graded essays where the applicant (and the grader never knows whose paper is whose) couldn’t spell “attorney” and didn’t know the difference between a plaintiff and a defendant. Luck will not save those people. Learning to

Perpetual or temporary disqualification from holding office is one example of accessory penalties if a person commits certain crimes. Others are suspension from public office, curtailment of the right to vote or be voted for and curtailment of the right to exercise a profession or calling. Here, the discussion revolves around civil interdiction, one such accessory penalty. Article 34 of the Revised Penal Code (RPC) explains the effect of civil interdiction. It shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Albano explains that a person penalized with civil interdiction cannot make a donation inter vivos; nevertheless, he can make a will because this involves transfer of property that shall take effect afte

Under Article 39 of the Civil Code of the Philippines, the following circumstances, among others, modify or limit capacity to act: age, insanity , imbecility, the state of being a deaf-mute , penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in [said Code], other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. The giving of consent to a contract by an insane person, a demented person or a person who is deaf-mute is legally limited. Under Article 1327, the following cannot give consent to a contract: (1) unemancipated minors; (2) insane persons; (3) demented persons; and (4) deaf-mutes who do not know how to write. In Standard Oil Co. vs. Codina Arenas ( G.R. No. 5921, July 25, 1911 ), the Supreme Court said: Certainly the trial court founded its judgment on the basis of the

It's that time of the year again – the time of the year where you can see Santa Claus decorations and Christmas trees with their different designs and colors in almost everyone's house. The legend of Santa Claus can be traced back hundreds of years ago to a monk named St. Nicholas. It is believed that Nicholas was born sometime around 280 A.D. in Patara, near Myra in modern-day Turkey. Much admired for his piety and kindness, St. Nicholas became the subject of many legends. Santa Claus, as we know him today, has only existed since the 19th century, and he first slid down the chimney in an 1812 book by Washington Irving entitled Knickerbocker's History of New York. The book includes the first known reference of St. Nicholas "rattling down the chimney." This idea of Santa Claus coming down the chimney was then popularized by the 1823 poem "A Visit From St. Nicholas," also known as "'Twas the Night Before Christmas." This poem brought about th

The law on parricide applies when a father kills his children. For example, on Christmas Day of 2020, tragedy struck a family of four in Taguig City on Christmas day when the father hanged his two young children in their home after his wife, reportedly a call center agent, committed suicide on Christmas eve. (Jonathan Hicap, 2020. Pa kills two kids on Christmas Day after wife commits suicide. https://mb.com.ph/2020/12/25/pa-kills-two-kids-on-christmas-day-after-wife-commits-suicide) Taguig City Police Chief Col. Celso Rodriguez identified the suspect as Aiko Siancunco, 29 of Kamias St., North Signal, Taguig City who hanged three-year-old Akira and Kion, 1 at about 7:30 a.m on Dec. 25. Rodriguez said prior to the incident, Siancunco’s wife Karina committed suicide in the afternoon of Dec. 24. Siancunco reportedly suffered depression because he is jobless that led to a rift with his father and siblings and also a cause of conflict with his wife who was sup

Except in cases of impeachment, or as otherwise provided in the Constitution, the President may grant reprieves, commutations, and pardons , and remit fines and forfeitures, after conviction by final judgment . (Section 19, Article 7, 1987 Constitution) Based on the above constitutional provision, can the President then validly pardon Jonel Nuezca? The answer is in the affirmative. On December 20, 2020, a shooting incident occurred in Paniqui, Tarlac, Philippines, when an off-duty police officer, Jonel Nuezca, fatally shot his two unarmed neighbors following an argument over an improvised noise maker known locally as boga. The incident was caught on camera and went viral on social media, sparking nationwide outrage with some critics blaming the government over acts of impunity and human rights abuses in recent years. (https://en.wikipedia.org/wiki/2020_Tarlac_shooting, citing Gutierrez, Jason. "A Brazen Police Shooting Caught on Video Sparks Anger in the

Political law (or political activity law) is an established legal practice area encompassing the intersection of politics and law. Wikipedia, citing Capdale.com and Econcordia.com, describes political law as comprising the following: [1] Election law; [2] Voting rights law; [3] Campaign finance law; [4] Laws governing lobbying and lobbyists; [5] Open government laws; [6] Legislative and executive branch ethics codes; [7] Legislative procedure; [8] Administrative procedure; [9] Constitutional law; and [10] Legislative and regulatory drafting. Political laws are applied primarily to government officials, candidates, advocacy groups, lobbyists, businesses, nonprofit organizations, and trade unions. According to Cruz & Cruz (2014), 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. This definition, basically, can be sum

There are a few dozen types of lawyers, and different practice areas have different skill sets. For example, what makes a good/bad trial lawyer may be different from what makes a good/bad transactional lawyer. (Read more: David Leon, licensed to practice in Texas (1996) and New York (2010). What makes a good lawyer? Answered April 27, 2016. https://www.quora.com/What-makes-a-good-lawyer) That being said, here are some of the fundamentals: Legal knowledge, and ability. Law is complicated. Laws are complex, convoluted and intertwined. If you know a practice area's statutes, plus the quirks that go along with the statutes, and the cases that interpret them, and the interactions with other areas, you're better than most. If you have the mental ability to parse these things out, and know how, when and where to look, you're ahead of the game. Some of law practice is knowing the law. Much of law practice is forcing your fact pattern to fi

Social media personality Xander Ford, also known as Marlou Arizala, was arrested because he allegedly physically and sexually abused his ex-girlfriend, Ysah Cabrejas. In an online post made by Cabrejas, she posted screenshots of her conversations with her ex-boyfriend wherein Xander admitted and apologized for his wrongdoing. Cabrejas also mentioned that Xander forced himself on her, adding that she would get bruises and he would get angry whenever she refused Xander's sexual requests. The Manila Regional Trial Court Branch 38 issued a warrant of arrest to Xander Ford for violating RA 9262 also known as the Anti-Violence Against Women and Their Children Act of 2004. Xander Ford is now facing charges on the complaint of his ex-girlfriend for physical and sexual violence under said law. Section 3, Paragraph A, of RA 9262 defines violence against women and their children as "any act or a series of acts committed by any person against a woman who is his wife, former wife, or again

The testimony of the person who captured the Gregorio murders in Tarlac on video will be strong evidence against Police Master Sergeant Jonel Nuezca, but other forms of evidence can also be used, a lawyer said Thursday. Philippine National Police chief General Debold Sinas earlier said the video taker seemed hesitant to testify in court. The primary source to "authenticate" the video, so it could be admissible as "object/real evidence," would be the one who took it, said National Union of Peoples' Lawyers (NUPL) president Edre Olalia. If the video taker is unwilling or unable to testify, the people who saw it being taken or those captured in the footage could also speak up, he said. But in this case, it could be admitted as evidence but only to the extent that the video exists and not as to the truth of its contents, he said. (Read more: NICOLE-ANNE C. LAGRIMAS, GMA News. December 24, 2020. Lawyer: Video taker is best source to 'au

Well, as to my credentials, I graduated Magna cum Laude, on law review, and in the top 2% of my class. I studied about 2 hours per week for every hour I spent in class, as a rule of thumb. Under that formula, if I took 15 semester credits of classes amounting to 15 class hours a week, I studied an additional 30 hours a week. If you do the math, this is about 45 hours a week. Not a terrible burden, and certainly not more time than you will spend in law practice. (Read more: Joseph McFaul, JD Magna cum Laude, from Seattle University [1983]. Answered May 17, 2019. How many hours of study should one perform if they want to excel in law school? https://www.quora.com/How-many-hours-of-study-should-one-perform-if-they-want-to-excel-in-law-school.) For each class I would do the assigned pre-class reading, briefing and note taking. I took almost verbatim notes in class and then would compare the pre-class notes and class notes after class to assemble an outline for that course. Often the pre-cl

"Personally, less than 5 hours a week." (Read more: Sasha Sim. Answered March 4, 2018. How many hours per week does the average law student study? https://www.quora.com/How-many-hours-per-week-does-the-average-law-student-study.) To my friends, family and housemates, it's as if I barely study at all. In fact, if someone were to spend a whole week with me, they wouldn’t even know that I was studying! That’s because when I’m studying, I look like the most chilled person on earth. I study the most while lying in bed. I read my textbooks in bed and study my presentation slides in bed. I also never take any notes, not even in lectures. I find notes so time-consuming and gives me very little return on the time spent making them. By not taking notes in class, I found that I absorbed information better as I am not distracted by the semantics of the lecture and have ample time to reflect on what is being taught. I believe in spending my time efficiently. Th

Below are the core subjects in law school based on the curriculum of the Ateneo de Manila School of Law. Read more: CORE SUBJECTS. Ateneo de Manila University. https://www.ateneo.edu/aps/law/jd-program-law/core-subjects. Last accesseed November 07, 2020. FIRST YEAR   FIRST SEMESTER SECOND SEMESTER Course Credit Course Credit Constitutional Law I 3 Constitutional Law II 3 Criminal Law I 3 Criminal Law II 3 Introduction to Law 1 Legal Technique and Logic 2 Legal Profession 1 Legal Writing 2 Legal Research and Writing I 1 Obligations and Contracts 5 Persons and Family Relations 4 Theology and the Law – Social Teachings of the Church 2 Philosophy of Law 2 Statuto