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Wednesday, April 28, 2010

Kasilag versus Rodriguez Case Digest/ Brief 69 Phil 217

PROCEDURAL FACTS: This is an appeal taken by the defendant-petitioner from the decision of the Court of Appeals which modified that rendered by the court of First Instance of Bataan. The said court held: that the contract is entirely null and void and without effect; that the plaintiffs-respondents, then appellants, are the owners of the disputed land, with its improvements, in common ownership with their brother Gavino Rodriguez, hence, they are entitled to the possession thereof; that the defendant-petitioner should yield possession of the land in their favor, with all the improvements thereon and free from any lien
SUBSTANTIVE FACTS: The parties entered into a contract of loan to which has an accompanying accessory contract of mortgage. The executed accessory contract involved the improvements on a piece land, the land having been acquired by means of homestead. P for his part accepted the contract of mortgage.

Believing that there are no violations to the prohibitions in the alienation of lands P, acting in good faith took possession of the land. To wit, the P has no knowledge that the enjoyment of the fruits of the land is an element of the credit transaction of Antichresis.

ISSUE: Whether or not P is deemed to be a possessor in good faith of the land, based upon Article 3 of the New Civil Code as states “Ignorance of the law excuses no one from compliance therewith,” the P’s lack of knowledge of the contract of antichresis.

HELD: The accessory contract of mortgage of the improvements of on the land is valid. The verbal contract of antichresis agreed upon is deemed null and void.

REASONING: Sec 433 of the Civil Code of the Philippines provides “Every person who is unaware of any flaw in his title or in the manner of its acquisition by which it is invalidated shall be deemed a possessor of good faith.” And in this case, the petitioner acted in good faith. Good faith maybe a basis of excusable ignorance of the law, the petitioner acted in good faith in his enjoyment of the fruits of the land to which was done through his apparent acquisition thereof.


** Click here to download the original copy

Tanada vs. Tuvera (146 SCRA 446)

FACTS: Petitioner is Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders.

ISSUE: Whether or not publication of the law is a requirement for its effectivity

HELD: Publication is mandatory even if the law provides its own date of effectivity.

REASONING: The clear object of the publication is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim "ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one.

** Original copy of this case click here

Tuesday, April 27, 2010

Hermosisima vs. Court of Appeals Case Digest/ Brief G.R. No. L-14628

Hermosisima vs. CA Cse Digest/ Brief (link)
Procedural Facts: Case filed in Court of First Instance of Cebu which rendered decision in favor of P (soledad). Lower Court’s decision was modified by the Court of Appeals by increasing compensatory damages and moral damages.
Substantive Facts: Soledad Cagigas, a teacher and petitioner, who was almost ten (10) years younger than she, used to go around together and were regarded as engaged, although he had made no promise of marriage prior thereto their intimacy developed among them Soledad advised petitioner that she was in the family way, whereupon he promised to marry her. Their child, Chris Hermosisima, was born. However defendant married one Romanita Perez.

ISSUE: Whether or not moral damages are recoverable, under our laws, for breach of promise to marry?
HELD: When the woman becomes pregnant and subsequently delivers. Although she cannot recover moral damages for the breach, nevertheless she can recover compensatory damages for medical and hospitalization expenses as well as attorney’s fees.
REASONING: Because of defendant-appellant's seduction power, plaintiff-appellee, overwhelmed by her love for him finally yielded to his sexual desires in spite of her age and self-control, she being a woman after all, we hold that said defendant-appellant is liable for seduction and, therefore, moral damages may be recovered from him under the provision of Article 2219, paragraph 3, of the new Civil Code.


**To see the original copy of this case, click here

Bellis vs. Bellis G.R. No. L-23678 (Case Digest/brief)

Procedural Facts:
Case filed in Court of First instance of Manila, which overruled Petitioner's opposition approving the executor's final account, report and administration and project of partition. Relying upon Art. 16 of the Civil Code, it applied the national law of the decedent, which in this case is Texas law, which did not provide for legitimes.

Substantive Facts: Amos G. Bellis, a resident of San Antonio, Texas, U.S. A died testate. His will was admitted to probate in the Court of First Instance of Manila. He left the bulk of his testate to his legitimate children resulting in the impairment of the legitime of his other heirs (illegitimate children).
Issue: Which law shall apply in executing the deceased’s will ---Texas law or Philippine law?

Held:
The parties admit that the decedent, Amos G. Bellis, was a citizen of the State of Texas, U.S.A., and that under the laws of Texas, there are no forced heirs or legitimes. Accordingly, since the intrinsic validity of the provision of the will and the amount of successional rights are to be determined under Texas law, the Philippine law on legitimes cannot be applied to the testacy of Amos G. Bellis.
Reasoning:
Article 16, par. 2, and Art. 1039 of the Civil Code, render applicable the national law of the decedent, in intestate or testamentary successions, with regard to four items: (a) the order of succession; (b) the amount of successional rights; (e) the intrinsic validity of the provisions of the will; and (d) the capacity to succeed.
Intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may he the nature of the property and regardless of the country wherein said property may be found.


To see the original copy of this case, follow this link.

My Case Digest/ Brief

Legend:

Plaintiff (P) Defendant (D)
Procedural Facts (PF) Substantive Facts (SF)
Issue (I) Holding (H)
Reasoning (R) Dissents (Ds)


Hello Reader!
I will be posting case briefs every now and then. Visit this blog so you could download them here free!

The format of the case briefs I've written is taken from Steven J. Frank's Book: "Learning the law: success in law school and beyond".
I think it is the best format because you'll remember the case in a glance which is really helpful during recitations because you can't peek on your notes for too long because professors wouldn't like it. And I'm sure you wouldn't wanna hear them say "This is not the time for you to read Ms./Mr. Whoeveryouare.






Friday, April 23, 2010

How to survive first year in Law School


First Year is the most crucial because this is the adjustment period. It is the first step and when you get through, you'll surpass everything. The secret of success in the legal studies lies beneath you. It depends on how you cope up with everything. The following are ways you should follow to reach your goal.

1. Pray

Wait a second don’t leave yet. Do you really think I’m kidding? Prayers can really move mountains and since I entered law school, I prayed millions of times within a year. Much more than how much prayers I’ve done in my 4 years of high school ( I was from a catholic school run by nuns). I’ve even completed a novena to st. jude (read my blog about this) And here I am, at the doorstep of the sophomore class. So do your best and god will be right behind you.


2. Set your mind

Do not underestimate the power of your mind. Believe in yourself that you’ll reach the finish line. Those who have second thoughts do not last long. Be decisive about your plans and actions. I think that is the reason why the last 8 in our batch manage to stand strong. We really wanted this and we won’t let anything or anyone stand in our way. So hang on there and you’ll rock!



3. Time Management vs. procrastination

" If you could analyze cases faster and pace up your life then you can sleep longer. " ~Atty. Albert Muyot.

It takes time to understand the law because of its ambiguity. But we don’t have enough time. Time management is the key to be able to do all reading assignments and get good grades or pass. But unfortunately facebook was invented so we tend to procrastinate and ignore workloads. Don’t do them till later or you’ll regret wasting your time on not so important things. The legal study requires great effort, focus, and attention to be successful.



4. Make your own notes.

There is nothing more effective than that. The best outlines are the ones you create yourself (Steven J. frank said in his book Learning the law: Success in law school an beyond) Do not rely on handed down notes. You may use them as guide for changes you need to make on your outline or as cross references. Making your own notes is an assurance that you understand whatever is written on it. And it is easier to remember them because they are your own. While reciting you can take a quick glance if you forget about something your professor is asking about. Update your notes every week or every time there are additional assignments. Once you have a complete reviewer you may want to share them on every law students in the world by uploading them on sites like Scribd.com. Believe in good karma.

5. Be confident.

Professors don’t like nervous voices. It is a sign of being unprepared or being unsure. They’d be glad to bombard you questions and you don't want that.



6. Learn to speak the legalese tongue.

If you are able to learn this you will sound and think like a lawyer. That’s what professors expect from you. you.


7. Take care of yourself.

Stress and Anxiety is common in the legal study and these things make you sick. Drink vitamins and eat healthy. You sure don’t want to miss classes because of fever and flu or any other sickness. You will miss out all the fun and lessons you could have learned.



8. Learn to digest cases.

Brief cases in a manner you can you remember them in a glance. During exams you won’t have all the time to read cases all over again. Case Briefs are very helpful during recitations and exams.



9. Sleep Well.

My first year was experimental. In the first few weeks I overslept and I wasn’t able to do well in class. When I reduced sleeping hours to 6, I was always sleepy and my performance did not improve that much because my thoughts were wandering somewhere else while I’m inside the class and even while having the exams. When I had 8 hours of sleep my performance improved.



10 Party Hard after Studying

Never ever Study hard but party harder while in law school you very well know what your responsibilities are. But life sucks when you miss out all the fun. Do not deprive yourself from these things. You are only taking away something from yourself called—LIFE. It’s ok to have fun but always know your limitations.

_something has gone wrong with my fonts, sorry I'll fix this soon..

Wednesday, April 21, 2010

Inside the class of Socrates

It's been a year since I entered Law School. And here I am, still hanging with my classmates. If I remember it right we started a class of 36 students and now we're down to 8. frequently asked question for law students is "Is it really friggin' hard?" The answer would always be a yes but it's fun. more exciting than you think. Maybe you found this page because you're wondering what is it like to be in law school? what are the perfect study habits to get through? and will everything be worth it?

I believe that you got here because of SERENDIPITY. Maybe you're an incoming first year, already preparing to face eternal damnation or already a law student trying to climb and surpass mountains. If I'm just on my way to sophomore, maybe you wouldn't trust whatever I would write in this blog and look for advice of a those who already got their licenses and are already practicing lawyers. But believe me, it's either their too busy to answer you or their experiences will no longer apply to our time. hmmmmnnn Do I sound like I'm selling something? Don't worry nothing is for sale. I'm just trying to relax for my summer vacation and thought of writing before my brain cells run dry. I'm just trying to help and hope that good karma will find me and help me pass the bar exams. :p





What is it like to be inside the class?

You'll be nervous that's for sure. Even the top students of the class sitting beside you, are already calling for the saints name for guidance. Because once you are called to recite you are like a salami being sliced by your professors asking you questions you either don't understand or he asks questions you never read or heard before. --- tantananan tanan!!! Welcome to the class of Socrates.
The mode of teaching in law school is called the Socratic Method. the teachers asks you a series of questions that help you understand the law more and get away with ambiguity. The law is ambiguous you have to accept that. But don't worry professors understand what you're going through and they aren't as heartless as you think. In fact their humor will surprise you. the Philippines is full of humorous people. you'll find them on every corner of the country. Do not ever think that professors are like stones preparing to crush you. Of course they want you to learn They want you to become lawyers as well. You might wanna curse them but someday you'll thank them for embarrassing you inside the class.

Before the classes starts there are certain preparations you should do in order to lessen the work load, stress and anxiety. This is something I regret. If only I could turn back time, I’ll turn it back to summer of 2009, where I had all the time to prepare. So here are the things you should do while you have the time:

1. Learn to read with comprehension fast. 1 minute per page is slow. If you want to practice, practice reading landmark cases. Reading your first case is like reading a foreign language, you understand some words but you don’t understand the rest.

The following are landmark cases which are from the Philippine Jurisprudence. These are cases from different subjects you'll encounter in your first year. Practice reading as soon as you can.


• Tanada vs. Tuvera G.R. No. 63915

Chi ming tsoi vs. Court of appeals G.R. No. 119190
Francisco vs. house of representatives G.R. No. 160261
In re: Laureta and Maravilla G.R. No. 68635
Lorenzo vs. Posadas People vs. Ferrer 48 Scra 382, 395

2. Learn Spanish. This is a foreign language I always wanted to learn but never did because of lack of time. This tip is not a must. You’ll just encounter Spanish phrases in some cases (which are always ignored) because our civil code is based on Spanish civil code. Of course you also want to understand everything in a case.

3.Learn to memorize faster. Law school is law school. Memorizing the law is a must. But you’ll have to memorize mountains of codes, and your books and cases are waiting for you. You are always time constraint so learn to do everything faster.




4.Start collecting references from people you know who are in students law not only from your school but also those from other schools. They’ll be more useful than you think.

5. Surf the net. Other than this blog there are millions of sites that tells you what to do, how to be successful in school, do’s and don’ts and gives you a perfect idea of the life you are about to enter.