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The Lawyers Journal

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 : XXV (11) November 30, 1960

Publisher : The Lawyers Journal

Language : English

Rights : In Copyright - Educational Use Permitted


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Articles:

Does the Supreme Court make frequent mistakes?

Creator: Perello, Jose A.

Language: English

Subject: Judicial error; Judgments (Law); Appellate courts; Philippines. Supreme Court

Abstract: The article describes the petitioner’s personal experiences that he had gone through for the incorrect decision of the Supreme Court and for not handing over his case to the right court. The petitioner also states the time and money wasted in the process of searching the right court.

Rights: In Copyright - Educational Use Permitted

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United States Supreme Court advance opinion Smith, Eleazar vs. People of the State of California

Language: English

Subject: Obscene publications; Pornography; Freedom of expression; Decision making; Judgments (Law); Appellate courts; United States. Supreme Court

Abstract: The appellant, Mr. Eleazar Smith was convicted in a California Municipal Court, Los Angeles City for illegally disseminating, possessing, and selling obscene/indecent printed materials. He appealed and claimed that there were three (3) grounds of invalidity under the due process division which is the invalidity of the ordinance as a summary of the freedom of speech; the exclusion of duly qualified witnesses in the literary and moral criteria, and that the questioned book is not an offensive publication. The court’s decision was reversed and remanded the case for a new trial in the effect of depriving Mr. Smith of the opportunity to present expert testimony base on the community standards.

Rights: In Copyright - Educational Use Permitted

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Accused may remain at liberty under the original bond after conviction and during the appeal

Language: English

Subject: Judgments (Law); Appellate procedure; Appellate courts; Philippines. Supreme Court

Abstract: In the Court of First Instance of Lingayen, Pangasinan. The accused may continue to remain at liberty under his original bail bond after the reading of the judgment of conviction and during the period of appeal. The Judge’s ruling departs from the standard judicial -practice of leaving the accused into the custody of the law immediately after the reading of the judgment of sentence to him, unless then and there he appeals the ruling and files a new bail bond for his provisional release during the settlement of the appeal.

Rights: In Copyright - Educational Use Permitted

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Supreme Court decisions: Luis Gutierrez, petitioner, vs Telesforo Reyes, respondent, G.R. no. L-13137, February 28, 1959

Language: English

Subject: Mayoral elections; Corrupt practices in elections; Election law; Legislative bodies; Judgments (Law); Appellate courts; Philippines. Supreme Court; Gutierrez, Luis; Reyes, Telesforo

Abstract: The respondent filed a protest alleging fraud, anomalies, and violations of the election law in the 1995 mayoral elections. The petitioner brought the case to the Supreme Court accusing the Court of Appeals of the anomalies and violations during the election. The Supreme court investigated and found out that there are irregularities in the 1995 elections and therefore, declared Telesforo Reyes as Mayor of the Alitagtag, Batangas with a majority of 8 votes.

Rights: In Copyright - Educational Use Permitted

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Supreme Court decisions: Cayetano Dangue vs. Franklin Baker Company of the Philippines and Workmen’s Compensation Commission

Language: English

Subject: Employee rights; Employee rights lawsuits; Work-related injuries; Judgments (Law); Appellate courts; Philippines. Supreme Court; Franklin Baker Company of the Philippines; Workmen’s Compensation ; Dangue, Cayetano

Abstract: The petitioner, Cayetano Dangue’s right eye was injured while working outside his employment but the said injury became worse by the accident happened while working in the Franklin Baker Company. With the above statement, the respondent should be liable for his employee’s compensation in case of accident/injury during his regular work and on the company’s premises. The Supreme Court’s decision ordered the respondent to pay the petitioner

Rights: In Copyright - Educational Use Permitted

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Supreme Court decisions: Trinidad de Los Reyes Vda. De Santiago for herself and behalf of her children Mamerto, Leonila, and Andrea, all surnamed Santiago, petitioners vs. Angela S. Reyes and Workmen’s Compensation Commission, respondents, G.R. no. L-13115, February 29, 1960

Language: English

Subject: Employee rights lawsuits; Causes of actions; Judgments (Law); Appellate courts; Philippines. Supreme Court; Workmen’s Compensation Commission; Santiago, Trinidad de Los Reyes; Santiago, Mamerto; Santiago, Leonila; Santiago, Andrea ; Reyes, Angela S.

Abstract: The article is about the death of the employee that must believe to have happened out of his employment because there is a belief that the deceased died while in the course of his employment. This is the petition to review the decision of most of the members of the Workmen’s Compensation Commission, refusing a claim for compensation of the petitioners for the death of her husband who was a jeepney driver and operated by the respondent. The court ordered that the respondent pay the compensation due to the heirs under the law.

Rights: In Copyright - Educational Use Permitted

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Supreme Court decisions: The Municipal treasurer of Pili, Camarines Sur, Balbino Onquit and Felix Onquit, petitioners, vs. the Honorable Perfecto R. Palacio, Judge of the Court of First Instance of Camarines Sur and Honesto Paladin, respondents, G.R. no. L-13653, April 27, 1960

Language: English

Subject: Certiorari; Mandamus; Judgments (Law); Appellate courts – Pili (Camarines Sur); Trial courts ; Philippines. Supreme Court; Onquit, Balbino; Onquit, Felix; Paladin, Perfecto

Abstract: The article discussed the disposal of a case by a Justice of Peace Court who is not on its merits but on a question of law. The petition for certiorari and mandamus to set aside the decision of respondent Judge in Civil Case no. 3909 of the Court of First Instance of Camarines Sur, and to order him to return the case to the Justice of the Peace Court of Pili, Camarines Sur

Rights: In Copyright - Educational Use Permitted

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Supreme Court decisions: Nicanor E. Gabriel, et.al, plaintiffs-appellants, vs. Carolino Munsayac, et.al., defendants-appellees, G.R. No. L-12143, June 30, 1960

Language: English

Subject: Civil procedure; Actions and defenses (Law); Judgments (Law); Appellate courts – Ilagan (Isabela); Trial courts; Philippines. Supreme Court; Gabriel, Nicanor E.; Munsayac, Carolino

Abstract: The plaintiff, Nicanor Gabriel brought the case to the Court of First Instance of Isabela to claim a certain amount of money allegedly advanced by Carolino Munsayac and Rafael de Leon in a government project in the road of Cagayan Valley. Defendants filed their respective answers setting up defenses and counterclaims to the court, after trial, the court orders Munsayac to pay the plaintiff but in return was also ordered to pay Rafael de Leon the amount appealed for in his counterclaim, while Munsayac filed a motion to dismiss of the appeal on the ground that the notice of appeal was filed beyond the reglementary period and was denied by the court. The court denied the appeal for the reason that it is a Pro-forma which scheme cannot justify a petition for relief.

Rights: In Copyright - Educational Use Permitted

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The Aranas Case (unconstitutionality of Republic Act No. 1379)

Language: English

Subject: Unconstitutional conditions doctrine (Law); Republic Act 1379; Judgments (Law); Appellate courts; Philippines. Supreme Court; Aranas, Jesus Clint O.; Barot, Edilberto

Abstract: The complaint filed by the former Commissioner of Internal Revenue against the Solicitor General for prohibition with the preliminary injunction was published in the October issue. The Solicitor General opposed the issuance of the preliminary ruling.

Rights: In Copyright - Educational Use Permitted

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Rare Periodicals

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.

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