thought of the day, 091413

REPORTING ON LEGAL WRITING - CHECK!
RECITATION ON STATCON -I WASN'T CALLED, SO ILL CONSIDER THIS ONE CHECK!
MIDTERM ON PHILO OF LAW - DONE! CHECK!

Oh Saturday.

PFR assignment cases

valdez vs. rtc

ugalde vs. isasi

dino vs dino

CRIMLAW ASSIGNMENT 091313

pp vs. ural

pp vs. regato

pp vs. amit

pp vs. regato

pp vs callet

pp vs. pagal

romera vs people

us vs. ampar

pp vs parana

pp vs. diokno

people vs. torpio

pp vs. muit

us vs hicks

us vs. dela cruz

pp vs. germina

pp vs gonzales

pp vs lab-eo

pp vs bates

pp vs coronel

pp vs pinca

pp vs amaguin

pp vs dulos

pp vs andrada

pp vs crisostomo

pp vs jose

pp vs montinola

pp vs dawaton

THOUGHT OF THE DAY

PFR Midterm on Monday. Dan-dan-dan-daaaaaannn.. 

LEGAL LATIN WORDS

        Legal Latin Words

LATIN	MEANING
Lex Prospicit, Non Respicit	The law looks forward, not backward
Lex de Futuro, Judex de Praterio	The law provides for the future, the judge for the past
Absolute Sentencia Expositore Non Indiget	When the language of the law is clear, no explanation of its required
Optima Statuti interpretatix Est Insum Statutum	The best interpreter of the statute is the statute itself
Ratio Legis	Interpretation according to spirit
Ratio Legis Est Anima	The reason of the law is its soul
Cessante Ratione Cesat Ipsa Lex	When the reason for the law ceases, the law ceases also to exist
Expresio Unius Est Exclusio Alterius	Express mention is implied exclusion
Generalia specialibus non derogant	A general law does not nullify a specific or special law
Dura Lex Sed Lex	The law may be harsh but it is still the law
Cogitationis Poenam Nemo Emeret	No man may be punished for his thought
Actus Non Facit Reum Nisi Mens Sit Rea	The act itself does not make a man guilty unless his intention were so
Actus Me Invito Factus Non Est Meus Actus	An act done by me against my will is not my act
Ignorantia Legis Neminem Excusant	Ignorance of the law excuse no one
Ignorantia Facto Excusat	Ignorance or mistake in point of fact is an excuse
Ubi Lex Non Distinguit Nea Nos Distiguere Debemos	Where the law does not distinguish, we should not distinguish
Mens Legislatores	Liberal construction
Reddendo Singula Singulis	Referring each to each
Cassus Omissus Pro Omisso Habbendus Est	A case omitted is to be held as intentionally omitted
Noscitur a sociis	Finding the context
Ejusdem generis	When general words follow the designation of particular things, or classes of persons or subjects, the general words will usually be construed to include only those persons or things of the same class or general nature as those specifically enumerated.

AUGUST 23 CRIMLAW ASSIGNMENT

AUGUST 23 CRIMLAW ASSIGNMENT

people vs genosa

ra 9262

people vs. narvaez

people vs. boholst caballero

people vs. alconga

people vs. sumicad

people vs. luague

people vs. dela cruz

people vs. jaurigue

people vs. bumanlag

toledo vs. people

people vs. enfectana

cano vs. people

balunueco vs. ca

people vs. dijan

people vs. rocohermoso

ty vs. people

new civil code art 429

people vs. delima

people vs. oanis

pomoy vs. people

people vs. ulep

people vs. beronilla

tabuena vs. sandiganbayan

good night

facebook, justjaredjr, blogger, goodreads, they ruin me and my night plans. 

there will only be two sites who'll accompany me this evening.
 first starts with goo, the other ends with phil. good night, but not really.

SELENA GOMEZ- BIRTHDAY

SONG OF THE DAY!

PERSONS AND FAMILY RELATIONS FOR AUGUST 4, 2013

PERSONS AND FAMILY RELATIONS FOR AUGUST 4, 2013

LILY KIM vs. KOU CO PING a.k.a. CHARLIE CO,

CAPUNO V PEPSI

ROMUALDEZ MARCOS V COMELEC

MORIGO V PP

NAVARRO V JUDGE DOMAGTOY

ARANEZ V JUDGE OCCIANO

NINAL V BAYADOG

BORJA MANZANO V JUDGE SANCHEZ

RP V DAYOT

COSCA V PAYPAYON

DE CASTRO V DE CASTRO

Blurger

Im now using bloggeroid. Nyahaha.

posted from Bloggeroid

feeling vain saturday

Assignment in Introduction to Law for JULY 20, 2013

Assignment in Introduction to Law for JULY 20, 2013

Civil Law Assignment July 29, 2013

Civil Law Assignment July 29, 2013

CRIMLAW ASSIGNMENT FOR JULY 26, 2013

CRIMLAW ASSIGNMENT FOR JULY 26, 2013

RULE 131 REVISED RULES ON EVIDENCE

REVISED RULES ON EVIDENCE

(Rules 128-134, Rules of Court)

AS AMENDED PER RESOLUTION

ADOPTED ON MARCH 14, 1989

PART IV

RULES OF EVIDENCE

RULE 131

Burden of Proof and Presumptions

Section 1. Burden of proof. — Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. (1a, 2a)

Section 2. Conclusive presumptions. — The following are instances of conclusive presumptions:

(a) Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led to another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it:

(b) The tenant is not permitted to deny the title of his landlord at the time of commencement of the relation of landlord and tenant between them. (3a)

Section 3. Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;

(c) That a person intends the ordinary consequences of his voluntary act;

(d) That a person takes ordinary care of his concerns;

(e) That evidence willfully suppressed would be adverse if produced;

(f) That money paid by one to another was due to the latter;

(g) That a thing delivered by one to another belonged to the latter;

(h) That an obligation delivered up to the debtor has been paid;

(i) That prior rents or installments had been paid when a receipt for the later one is produced;

(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possess, or exercises acts of ownership over, are owned by him;

(k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly;

(l) That a person acting in a public office was regularly appointed or elected to it;

(m) That official duty has been regularly performed;

(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction;

(o) That all the matters within an issue raised in a case were laid before the court and passed upon by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them;

(p) That private transactions have been fair and regular;

(q) That the ordinary course of business has been followed;

(r) That there was a sufficient consideration for a contract;

(s) That a negotiable instrument was given or indorsed for a sufficient consideration;

(t) That an endorsement of negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated;

(u) That a writing is truly dated;

(v) That a letter duly directed and mailed was received in the regular course of the mail;

(w) That after an absence of seven years, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened.

The following shall be considered dead for all purposes including the division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who has not been heard of for four years since the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and whose existence has not been known for four years;

(4) If a married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has well-founded belief that the absent spouse is already death. In case of disappearance, where there is a danger of death the circumstances hereinabove provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. However, in any case, before marrying again, the spouse present must institute a summary proceedings as provided in the Family Code and in the rules for declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;

(y) That things have happened according to the ordinary course of nature and ordinary nature habits of life;

(z) That persons acting as copartners have entered into a contract of copartneship;

(aa) That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

(bb) That property acquired by a man and a woman who are capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under void marriage, has been obtained by their joint efforts, work or industry.

(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquire properly through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal.

(dd) That if the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage.

(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage.

(ee) That a thing once proved to exist continues as long as is usual with things of the nature;

(ff) That the law has been obeyed;

(gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published;

(hh) That a printed or published book, purporting contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases;

(ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest;

(jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. (5a)

Section 4. No presumption of legitimacy or illegitimacy. — There is no presumption of legitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. (6)

http://www.lawphil.net/courts/rules/rc_128-134_evidence.html

RULE 111 THE REVISED RULES OF CRIMINAL PROCEDURE

THE REVISED RULES OF CRIMINAL PROCEDURE

(As amended, December 1, 2000)

RULE 111

Prosecution of Civil Action

Section 1. Institution of criminal and civil actions. — (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.

When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall constitute a first lien on the judgment awarding such damages.

Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court.

Except as otherwise provided in these Rules, no filing fees shall be required for actual damages.

No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. (1a)

(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed.

Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment.

Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. (cir. 57-97)

Section 2. When separate civil action is suspended. — After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly.

During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. (n)

The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. (2a)

Section 3. When civil action may proceeded independently. — In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. (3a)

Section 4. Effect of death on civil actions. — The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.

A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased.

If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. (n)

Section 5. Judgment in civil action not a bar. — A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. (4a)

Section 6. Suspension by reason of prejudicial question. — A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. (6a)

Section 7. Elements of prejudicial question. — The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed. (5a)

http://www.lawphil.net/courts/rules/rc_110-127_crim.html

LEGAL DICTIONARY

ATTY. ALVIN CLARIDADES' LEGAL DICTIONARY

http://alvinclaridades.webs.com/mylegaldix.pdf

1987 PHILIPPINE CONSTITUTION

1987 PHILIPPINE CONSTITUTION 

http://pcij.org/blog/wp-docs/1987-Philippine-Constitution.pdf

VERSE OF THE DAY: ISAIAH 41:13 & ISAIAH 41:9-10

Last night during our non-class, my dear classmate Elaine shared a verse with me while I was nervously waiting for our still unknown professor. 

Isaiah 41:13

"For I am the Lord, your God,
who takes hold of your right hand,
and say to you, Do not fear;
I will help you."

She said it helped her during those time when she was nervous herself, and when she read the verse, those feeling goes away because she knows God will help her no matter what. 

And just this morning, like last night, I was a little nervous and scared for the things that I did that might go wrong. I know I'm still a newbie at work, but that is not an excuse if you fail at it. So I revisited Isaiah 41:13 (I found my bible in my drawer just this morning also, coincidence, I think not), and I felt relieved already.

Then, another verse caught my eye:

Isaiah 41:9-10

"I took you from the ends of the earth,
from its farthest corners I called you.
I said, 'You are my servant';
I have chosen you and have not rejected
you.

So do not fear, for I am with you;
do not be dismayed for I am your God
I will strengthen you and help you;
I will uphold you with my with my righteous
right hand."

Now, reflecting on His words, He will not give me any problems that I cannot solve, He knows my strengths and weaknesses, and for whatever things that I did, whatever outcome it may bring, I know that it will be a lesson for me, for me to become a better person, a better worker, a person in service for Him. 

SUPERJOLA.BLOGSPOT.COM

ESTUYANTES: HOW TO SURVIVE THE BAD WEATHER. SIMPLE YET EFFECTIVE.

The first two days have already been cancelled due to bad weather. Last Monday night was the second time of my 5 years (This will be my 6th, and I'm not THAT old) in college to experience flood in the Streets of Pureza. 

So, to those who are studying in PUP (this also applies to those who study in the U-Belt Area, or in any school that experience flooding, or rain in that matter, OKAY this applies to ALL STUDENTS!) , let me tell you some tips on how to survive in these bad and unpredictable Manila (Philippines) (Tropical) weather. 

First, DO NOT PANIC! Think things through, how will you get home, what route to take, do I have enough money. Don't make rash decisions. You might end up, getting lost or worse conquer the flood ( Oh NO!!! Leptospirosis!) 

DOS. YOU MUST HAVE AN UMBRELLA ALL THE TIME! ALL THE FREAKING TIME! Even if it's sunny when you get out of your house, remember you live in the Philippines, even the Pag-asa doesn't know when it will rain (insert the song of Paramore, When It Rains), so to be safe, ALWAYS ALWAYS bring your umbrella-ella-ella-eeee!

TRES. If you like wearing shoes to school, BRING FLIPFLOPS (tsinelas), you don't want to have your shoes wet do you? And you'll avoid the risk of having athletes foot. Or even bring or wear boots to be very extra careful. 

FINALE. Have waterproof/water resistant bags, or if you don't have that, just bring plastic bags where you could put your books, notebooks, cellphone, etc. so your belongings won't get wet. Sayang sa pera!. 

PS. HAVE PRESENCE OF MIND, BE STREET SMART! Aanhin mo ang pera mo kung hindi ka marunong dumiskarte. 

That's my list, but remember, do what suits you. Have a back up plan. Think it through so you won't end up like a cat in the rain. 

HAVE FUN ON YOUR STAY AT OUR SINTANG PAARALAN. 

SUPERJOLA.BLOGSPOT.COM

ELEANOR AND PARK BOOK REVIEW

FINALLY  had a copy of Eleanor & Park by Rainbow Rowell. I've been searching for it forever!

The moment I read the first paragraph, I knew that my emotions while reading this story will only be going downward spiral. I never expected for it to have a happy ending, I expected someone dying, someone very much maltreated, well, expectations broken. 

Eleanor came from a rough family,many siblings, abusive stepdad, irresponsible father, blind mother. Park was spoon fed all his life,

ON DUBLIN STREET BOOK REVIEW

ON DUBLIN STREET by SAMANTHA YOUNG.

Characters: Jocelyn/Joss Butler, Braden Carmichael, Ellie Carmichael

Everytime I search for my next book to read in Goodreads, I always end up seeing this picture of a girl with her long neck. In thumbnail view, I thought the one behind her was some kind of a monster, since the guy's photo was a little darker and the title won't give anything away with it's plot. I thought it's a young adult book with monsters or vampire (thanks to the neck of the girl). 

So here's how the story goes, 

The girl with the gorgeous neck, Joss had a pretty messed up past, parents dead, sister dead, best friend dead. So, she thinks, she has a very bad luck (yah think?).

CRACKED UP TO BE BOOK REVIEW

CRACKED UP TO BE by COURTNEY SUMMERS . 

I've had this book in my reader for almost five months already. The cover is not really alluring, I can't even remember why I got this book in the first place. I've read Summers' Fall for Anything, with high expectations after reading the plot, but was let down after finishing the story. Talking about a very major cliffhanger. That book was a total waste.

BUT!

This book was the total opposite of "Fall for Anything"., I loved

THE ELITE BOOK REVIEW

So I can't contain myself after I finished Kierra Cass' The Selection. I was on my way home from work when I bought my second book. I didn't have the time to reflect on what I really thought about the first book. 

The second installment of Kierra Cass' The Selection series. THE ELITE. 

Now now, I LOVE The book 1, so my expectations are quite high for the sequel. I was in love with Prince Maxon in the first but in the second, I was second guessing myself. 

Here's how it goes, America Singer, is still confused on who to pick, Aspen or Prince Maxon? She says she needs more time, but she's not the only one who's doing

GASPAR ISLAND, MARINDUQUE

I've seen this place from afar for the longest time, but we haven't had the time (or the courage) to go to this beautiful Island. It's my second time in this place, and my first time was I guess almost a decade ago.

. Gaspar Island is located in this beautiful town of Gasan, Marinduque. This Island is one of the Tres Reyes (Melchor, Gaspar, Baltazar). Gaspar is the nearest of the three and the most accessible of all. 

THE SELECTION Book Review

What drove me into reading this first book, The Selection  by Kierra Cass was the very nice book cover and the two thumbs up of my sister. I now seldom read post apocalyptic books though I've loved the Hunger Games Trilogy so much and the first installment of the the Delirium series, but this one (The Selection) got my attention from the moment my sister told me it's a beautiful book and when I finally read the plot. I didn't say I loved the concept of it, I said it got my attention and made me interested in it. 

America Singer, a simple young girl from a family nearing the brink of

UPSTAIRS BED AND BATH: BAGUIO CITY

To those who are looking for a cheap and comfortable place to stay in Baguio, then the UPSTAIRS BED AND BATH is the place for you.

Located at the Heart of the City, walking distance from the SM Baguio (about 5 minutes away or even three if you are a fast walker), Session Road and walking distance from Victory Liner ( we walked for about 8 minutes). Very easy to find, your landmark would be the Barrio Fiesta or BIR which are both on the side of this place.

They have double Decker beds, the lower bunk costs 350php and the upper bunks costs 250php. This place is best for backpackers and travelers who are on a tight budget. 

They have rooms good for four persons, and they I think a room good for twelve people. 

The place has common bath and restrooms, has wifi, common eating area, but doesn't have televisions.

 

the room where we stayed, located on the 3rd floor. 

reception area

the view from the 3rd floor :)

Barrio Fiesta

SUPERJOLA.BLOGSPOT.COM