Item Type : Periodical
Description : The Journal helps law students and lawyers in their profession by keeping them updated with the development of law and jurisprudence. It features legal articles, Supreme Court decisions both by Filipinos and American lawyers. The journal also contains laws passed by the Philippine Congress, Court of Appeals, and Opinions of the Secretary of Justice
Issue Date : Volume XXVII (Issue No.9) September 30, 1962
Language : English
Rights : In Copyright - Educational Use Permitted
Identifier: Editorial
Language: English
Subject: Justices -- Supreme Court -- Philippines; Garcia, Paulino J.
Abstract: [The Supreme Court decision on the suspension case of Dr. Paulino J. Garcia should be a sobering reminder to the country of the indispensable role played by an independent Judiciary in our system of representative democracy, and breathes meaning to the principle of separation of powers. Indeed the case of Dr. Garcia has focused and dramatized the continuing and imperative necessity for the country to maintain a judiciary that is, free and independent. Nothing less can insure protection of the citizenry against the excesses which may be committed, deliberately or not, by the most powerful branch of the government.]
pages: 257
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Macapagal, Diosdado
pages: 258
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil Liberties Union of the Philippines
Abstract: [The President has seen fit to draw the Civil Liberties Union of the Philippines into the case of Dr. Paulino J. Garcia. The Civil Liberties Union believes that he has no valid reason to complaint against Justice J. B. L. Reyes' concurring opinion in the Dr. Garcia case. The CLU stands behind the import of Justice Reyes' opinion ; No one, be he President, can condemn without a hearing. No one is above the Constitution and the law, nor immune to criticism. The president is not the State.]
pages: 258
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Deportation -- Philippines ; Philippines -- Bureau of Immigration; Immigration Act of 1940
Abstract: [Since the deportation of Henry Stonehill and Robert Brooks and the recent filing of deportation proceedings against Bob Stewart, owner of the Republic Broadcasting Station, public curiosity has been aroused regarding the meaning, nature and implications of deportation. The popular concept is that deportation merely involves the sending back of an undesirable alien to the country of his origin or to the country where he was born or of which he is a citizen or subject. This is not necessarily so for there are other alternatives. A deportee may also be sent to the foreign port at which he resided prior to his residence in the Philippines.]
pages: 259-260
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: United States -- Constitutional law -- Cases
Abstract: [Under circumstances detailed in headnote 4, infra, an accused confessed to and was convicted of murder in a state court, and was sentenced to a 199-year prison term. Several years later, the accused filed a petition for habeas corpus in the United States District. Court for the Northern District of Illinois, asserting that he was denied due process of law under the Fourteenth Amendment by the admission into evidence at the trial of his allegedly coerced confession. The writ issued, but after reviewing the circumstances surrounding the confession, the District Court ordered the writ quashed. (172 F Supp 734.) The Court of Appeals for the Seventh Circuit affirmed. (274 F2nd 250.) On certiorari, the Supreme Court vacated the judgements of the District Court and the Court or Appeals and remanded the case to the District Court. In an opinion by STEWART, J., expressing the view of six members or the Court, it was held that under the circumstances the confession was coerced und that its admission into evidence at e state trial violated the due process clause of the Fourteenth Amendment. DOUGLAS, J. joined by WHITTAKER, J., dissented on the ground that the confession was not coerced.]
pages: 260-265
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil service -- Philippines; Philippines -- Officials and employees; Administrative law -- Philippines
Abstract: [This is a petition filed by petitioner, Dr. Paulino J. Garcia, Chairman of the National Science Development Board created by Republic Act 2067 otherwise known as the "Science Act of 1958" against the respondents Executive Secretary and Juan Salcedo, Jr., the latter in his capacity as Acting Chairman of the same National Science Development Board, in the form of quo warranto and prohibition with preliminary injunction, with prayer that the further preventive suspension of petitioner beyond the maximum period of 60 days, provided in Section 35 of the Civil Service Act of 1959 (Rep. Act 2260), be declared illegal and void, and that respondent Juan Salcedo, Jr., be likewise declared guilty of unlawfully holding and exercising the functions of the office of Chairman of the National Science Development Board since April 10, 1962, date of the expiration of the said 60-day period. ]
pages: 265-259
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Police ; Public officers; Republic No. 557; Court of First Instance -- Negros Occidental
Abstract: [Leonardo Diaz and Alberto Aguilar filed a petition for mandamus in the Court of First Instance of Negros Occidental against Felix P. Amante in his capacity as Mayor of Bacolod City to compel the latter to reinstate them to their positions a s members of the police force of said city.]
pages: 269-270
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Lawyers -- Philippines; Lawyers -- Dismissal of; Practice of law -- Philippines
Abstract: [Respondent Diosdado Q. Gutierrez is a member of the Philippine Bar, admitted to it on October 5, 1945. In criminal case No. R-793 of the Court of First Instance of Oriental Mindoro he was convicted of the murder of Filemon Samaco, former municipal mayor of Calapan, and together with his co-conspirators was sentenced to the penalty of death. Upon review by this Court the judgment of conviction was affirmed on June 30, 1956 (G.R. No. L-7107), but the penalty was changed to reclusion perpetua. After serving a portion of the sentence respondent was granted a conditional pardon by the President on August 19, 1958. The unexecuted portion of the prison term was remitted "on condition that he shall not again violate any of the penal laws of t he Philippines."]
pages: 270-272
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Court rules -- Philippines; Court of First Instance -- Manila ; Res judicata
Abstract: [Plaintiffs impleaded defendants before the Court of First Instance of Manila to recover certain sums of money representing the salaries and allowances due them from March 17, 1948 to September 30, 1948 as members of the crew employed by defendants to fetch the ship S.S. BRIDGE from Sasebu, Japan to Manila by virtue of a certain shipping contract entered into between them.]
pages: 272-273
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Corporation law -- Philippines ; Certificate of Public Convenience
Abstract: [Appeal from the decision of the Public Service Commission in case No. 123401 dismissing petitioner's application for the approval of the sale in its favor, made by the Sheriff of the City of Manila, of the certificate of public convenience granted before the war to Nicolas Concepcion (Commission Cases Nos. 60604 and 60605, reconstituted after the war in Commission Case Nos. 1470) to operate a taxicab service of 27 units in the City of Manila and therefrom to any point in Luzon. ]
pages: 273-274
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Decedents' estates -- Philippines -- Cases ; Inheritance and succession -- Philippines; Court of First Instance -- Rizal
Abstract: [Ricardo M. Gutierrez appeals from the orders of the Court of First Instance of Rizal (l) dismissing his complaint against Lucia Milagrns Barretto-Datu, as executrix of the estate of the deceased Maria Gerardo Vda. de Barretto, and (2) denying his motion for reconsideration of the dismissal.]
pages: 274-275
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Real property -- Philippines; Republic Act No. 1162; Republic Act No. 1599
Abstract: [On 19 May 1948 Carmen Preysler vda. Garriz acquired by purchase from the successors-in-interest of D. M. Fleming a residential house and a leasehold right on a parcel of land (Lot ll-K) where the house stands (Exhibit A-2). Situated on 23 Manga Avenue, Santa Mesa, Manila, the parcel of land contains an area of 1,492.59 square meters described in transfer certificate of title No. 30061 issued in the name of Teresa Realty, Inc. by the Register of Deeds in and for the City of Manila, and assessed at P22,540. On 21 March 1918 D. M. Fleming acquired by purchase the leasehold right from John W. Haussermann (Exhibit A-l) who on 3 June 1910 bad entered into a contract of lease with Demetrio Tuason y de la Paz, the manager (administrator) of the Estate of Santa Mesa y Diliman (Exhibit A). Under the original lease agreement (Exhibit A), the term thereof was to expire on 31, December 1953.]
pages: 275-276
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land titles -- Registration and transfer -- Philippines ; Land Registration Act
Abstract: [On January 24, 1961, the municipality of Ligao filed with the Court of First Instance of Albay a petition under Section 112 of Act No. 496, as amended, for the correction of Transfer Certificate of Title No. T-9304 issued in the name of Godofredo Navera, covering Lot No. 2793-A, on the ground that a portion of 123 sq. m. was erroneously included in said title during the cadastral survey of Ligao.]
pages: 276-277
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Confession (Law); Criminal law
Abstract: [This case began with the filing of an information charging the above defendants with the murder of Loreto Estacio, committed in the municipality of Calamba, province of Laguna. After trial, the court of first instance held that their guilt had been proven beyond reasonable doubt; and there being no circumstances modifying the commission of the crime, each of the said accused was sentenced to "cadena perpetua", to indemnify jointly and severally the heirs of the victim in the sum of P6,000 without subsidiary imprisonment in case of insolvency, and to pay a proportionate part of the costs. From such convictions the three defendants appealed to this Supreme Court, raising the usually basic question whether or not the evidence for the prosecution shows beyond reasonable doubt that all of them are guilty as charged. Appellants were convicted partly on the strength of the extrajudicial confession of the accused Felix Jasmilona which appears to be corroborated by circumstantial evidence.]
pages: 277-279
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law ; Revised Penal Code; Court of First Instance -- Davao; Treasury bills and notes
Abstract: [Accused of counterfeiting Philippine treasury notes, Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were convicted by the Court of First Instance of Davao of illegal possession of said forged treasury notes and sentenced to an indeterminate penalty ranging from 8 years and 1 day to 10 years and 1 day of prison mayor, and to pay a fine of P5,000, without subsidiary imprisonment in case of insolvency, as well as a proportionate part of the costs. On appeal, the judgment was affirmed by the Court of Appeals, except insofar as the maximum of said indeterminate penalty which was increased to 10 years, 8 months and 1 day of prison mayor. The case is before on appeal by certiorari taken by Sergio del Rosario.]
pages: 279, 287
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Republic Act 3019; Public officers -- Corrupt practices; Mutuc, Amelitu R. ; Diokno, Jose W. ; Court of First Instance -- Pangasinan
Abstract: [Jesus P. Morfe attacking the constitutionality of Sec. 7 of Republic Act No. 3019, filed a complaint for declaratory relief where the defendants are the Executive Secretory and the Secretary of Justice, Honorable Amelitu R. Mutuc and Honorable Jose W. Diokno, respectively. ]
pages: 280-282
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Constitutional law -- Philippines -- Examinations, questions, etc.; Public law -- Philippines -- Study guides
pages: 283-284
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law -- Philippines -- Examinations, questions, etc.; Bar examinations -- Philippines
pages: 284-285
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Remedies (Law) -- Philippines --Examinations, questions, etc.
pages: 285-286
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Legal ethics -- Philippines -- Examinations, questions, etc. ; Bar examinations -- Philippines
pages: 286-287
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Judges -- Selection and appointment ; Philippines -- Court of Appeals ; Bengzon, Jose P.
pages: 288
Rights: In Copyright - Educational Use Permitted
Repository of rare periodicals digitized from print and microfilms housed at the UPD Main Library's Special Collections Section and the Media Services of the Information Services and Instruction Section, respectively.