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 : XIX (10) October 31, 1954
Language : English; Spanish
Rights : In Copyright - Educational Use Permitted
Language: English
Subject: Judicial selection and appointment; Judicial power; Judiciary Act of 1948; Republic Act 1186; Philippines. Supreme Court -- Officials and employees; Appellate court; Appellate judges; Ocampo Felisino; Encarnacion, Demetrio; Campos, Roman; Abaya, Gavino S.; Maglanoc, Enrique; Abano, Maximo; Ibanez, Roman; De Leon, Luis N.; Leano, Eladio; Bondon, Jose; Philippines. Department of Justice
Abstract: The article states that in the Constitution, there had been a provision securing the tenure of the office of the judges. Counsel for petitioners claimed that the Republic Act no. 1186 terminates only the classification of the judges and not their office.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Petroleum export and import trade; Petroleum refineries; Petroleum Act of 1949; Republic Act 387; Petroleum industry; Philippines. Department of Justice; Caltex Philippines, Incorporated
Abstract: The Secretary of Justice, Hon. Pedro A. Tuason said in connection with the imposition of customs duties on crude oils which will be imported by Caltex (Philippines), Incorporated, following the terms of the petroleum refining concession granted by the government. Imported crude oils will not be sold as such but will be refined in the petroleum refinery into gasoline, kerosene, diesel, and fuel oils. Therefore, imported crude oils by the Caltex (Philippines), Incorporated, and which will be used as materials in its petroleum refinery may enter free of customs duty within the first five (5) years following the grant of its concession.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Rice bran; Export controls; Export Control Committee; Philippines. Department of Justice; Tuason, Pedro A.
Abstract: The Secretary of Justice, Hon. Pedro A. Tuason believed that the exportation of rice bran should not be controlled or restricted by the Export Control Committee since there is a need for conservation of this for the local consumption. He also stated that the President and not the Export Control Committee has more authority to implement and carry out the policy on restricting or controlling the exportation of rice bran. He is also firm with his opinion that rice bran can be exported by applying for a permit from the President.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Estate distributions; Real property; Certiorari; Appellate procedure (Civil procedure); Appellate court; Philippines. Supreme Court; De Leon, Jose; De Leon, Cecilio; De Leon, Albina; Soriano, Asuncion
Abstract: The respondent, Ms. Asuncion Soriano, and her natural children had an amicable settlement, which is to deliver a certain number of sacks of rice every year as her share of the conjugal property with her late husband. Unfortunately, the children failed to deliver the agreed number of sacks of rice to Dona Soriano. Dona Soriano filed an action against them for the payment of the deficiencies of the agreed sacks of rice. The court ordered an immediate decision in favor of Dona Soriano because she is already old and sickly, without any close relatives and any means of support.
Rights: In Copyright - Educational Use Permitted
Language: English; Spanish
Subject: Foreign ownership of real property; Land leasing and renting; Real property; Certiorari; Appellate procedure (Civil procedure); Appellate court; Philippines. Supreme Court; Land Registration Authority – Davao City; Smith, Bell & Company
Abstract: The petitioner, an alien corporation, seeks to register a lease in its favor of a lot in Davao. Based on the ruling of the new Civil Code, foreigners are disqualified from acquiring private agricultural land which includes private residential land, it also provides that in cases of hereditary succession, no private agricultural land shall be transferred to individuals, corporations, or associations qualified to acquire or hold lands of the public domain of the Philippines. As the petitioner is disqualified from acquiring private agricultural land not only by law but by the Constitution.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Certiorari; Appellate procedure (Civil procedure); Appellate court – Sta. Cruz (Laguna); Philippines. Supreme Court; Roque, Marciano; Kapunan, Ruperto, Jr.; de Castro, Pacifico P.; Delgado, Pablo; Gomez, Amador E.
Abstract: The respondents filed a petition for certiorari and exclusion in the trial court of Sta. Cruz, Laguna against the petitioner Hon. Marciano Roque for the issuance of the writ of preliminary injunction restraining the respondents from carrying out the order of closure of a cockpit known as “Bagong Sabungan”. The respondents filed a motion for reconsideration, which was denied by Judge Yatco.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Legal status of heirs; Inheritance and succession; Real property; Family relations; Appellate procedure (Civil procedure); Appellate court; Philippines. Supreme Court; Magallanes, Frederico; Magallanes, Maximo; Magallanes, Gaspar; Magallanes, Baltazar; Magallanes, Bienvenido; Magallanes, Justo
Abstract: The article stated that children not legally recognized are not entitled to inherit. The Court finds that the petitioner, Federico Magallanes, and the respondents, Maximo, Gaspar, Baltazar, and Bienvenido Magallanes are natural children of the deceased Justo Magallanes. The Court, therefore, decided that all-natural children of Justo Magallanes from both wives are entitled to the portion of one-half of the shares that corresponds to each of the petitioners.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Damages (Law); Civil service ethics; Municipal officials and employees; Appellate procedure (Civil procedure); Actions and defenses (Law); Appellate court; Philippines. Supreme Court; Bagalay, Tomas; Ursal, Genaro
Abstract: The plaintiff, Tomas Bagalay filed an action for damages that affects material suffering or moral loss caused by Genaro Ursal, City Assessor of Cebu. In the case at bar, Mr. Bagalay is not entitled to moral damages because the defendant only performed his official duty, which is to inform him of his delinquent payment of realty tax.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Police; Dismissal of employees; Appellate procedure (Civil procedure); Appellate court – Misamis Oriental; Philippines. Supreme Court; Palamine, Pio S.; Udarbe, Sulpicio; Sagado, Alfonso; Exelise, Hipolito; Sulita, Ireneo; Damasing, Melecio; Baloc, Ludhero; Zagado, Rodrigo; Palamine, Metrano; Canales, Brigido; Acodo, Dominador; Saforteza, Gualberto
Abstract: The chief and members of the police force of Salay, Misamis Oriental were removed from the service by Mayor Rodrigo Zagado and appointed other police force to fill in the vacated positions. The petitioners claimed that the dismissal was illegal because they do not commit any misconduct and serious irregularities in the performance of their duties. Since there were no legal causes to file against the petitioners, the Court ordered Mayor Rodrigo Zagado to reinstate the petitioners to their respective positions and ordering other respondents to vacate their places.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Industrial relations; Dismissal of employees; Due process of law -- Lawsuits and claims; Employee rights; Appellate court; Philippines. Supreme Court; National Organization of Laborers and Employees; Philippines. Court of Industrial Relations; Roldan, Arsenio ; Castillo, Modesto; Lanting, Juan
Abstract: The petitioners declared a strike because the Rizal Cement Company, Inc. in Binagonan, Rizal failed to grant certain demands of the laborers. The temporary settlement arrived between the cement company and the strikers granting their demands and all strikers returned to work except Tarcilo Rivas and Alberto Tolentino who had been charged with illegal possession of hand grenades. The acquittal of an employee in a criminal case is no bar to the Court of Industrial Relations, after proper hearing, making its findings, including the finding that the same employee was guilty of acts unfavorable to the interests of his employer and justifying the loss of confidence in him by the said employer, thereby warranting his dismissal or the refusal of the company to reinstate him.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land titles—Registration and transfer; Conveyancing; Land tenure; Real property; Appellate court – Cagayan Valley; Philippines. Supreme Court; Philippines. Court of First Instance – Cagayan Valley; Casillan, Urbano; Espartero, Francisca E.
Abstract: The petitioner, Urbano Casillan filed a petition in the Court of First Instance of Cagayan alleging that he was the owner of a Lot no. 1380, but the title was erroneously issued to Victorino Espartero who never owned the said lot. The Court of First Instance has no authority to order reconveyance of a property erroneously registered in another’s name. The landowner solution is to bring the case to the other court of justice for reconveyance, or damages if the property has passed into the hands of an innocent purchaser for value.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land titles—Registration and transfer; Land tenure; Real property; Causes of actions; Appellate court – Calamba (Laguna); Appellate court – Calamba (Laguna); Philippines. Court of First Instance; De Jesus, Josefa; De Jesus, Pilar; De Jesus, Dolores; Belarmino, Santos; De Juliano, Teodora Ochoa
Abstract: The plaintiffs brought the case in the Court of First Instance of Laguna to recover a parcel of land claimed to have been erroneously included in the Transfer Certificate of title no. T-129 of the land records issued in the name of the defendant Santos Belarmino. The triangular portion of the lot bought by plaintiffs’ ancestors was erroneously included in the lot bought by one of the defendants, after having actual knowledge of such mistake, never claimed any right of ownership of the said lot until after the issuance of the certificate of title in their favor. The complaint was dismissed because of the sufficient basis tested by allegations of facts in complaint and facts alleged to constitute the cause of action.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Actions and defenses (Law); Causes of action; Appellate court – Bohol; Philippines. Court of First Instance – Bohol; Philippines. Supreme Court; Judges; Vano, Teodoro; Alo, Hipolito; Dumadag, Pedro; Jumamuy, Esmerio
Abstract: Where the complaint. specifically alleged that the defendants, claiming to be the president and general manager of an unregistered corporation, entered the contract by themselves, the presence of the members of the association is not essential to the final determination of the issue presented, the evident intent of the complaint is to make the officers directly responsible. The alleged responsibility of the members for the contract to the officers, who acted as their agents, is not at issue and need not be determined in the action to fix the responsibility of the officers to the plaintiff's intestate, hence said members are not indispensable in the action instituted.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal evidence; Murder; Admissible evidence; Appellate court; Philippines. Supreme Court; Young, Antonio Samaniego; Sy Liong Bok; Ong Ing; Ong, Cresencio; Sagaysay, Alfredo Torres
Abstract: The testimonies of peace officers for the prosecution in other criminal cases which were dismissed upon the ground that the confessions obtained by them, in connection with those cases, were tainted with irregularities and are not admissible in evidence. The unverified testimony of one of the appellants that he was sick at home when the offense charged was committed, cannot offset the positive testimony of witnesses who saw him near the scene of the crime. Where the alleged newly discovered evidence merely tends to corroborate the appellant's alibi to the effect that they were not present at the scene of the crime and could not have participated in its commission, the motion for a new trial should be denied.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure; Appellate procedure (Civil procedure); Appellate court; Philippines. Supreme Court; Cordova, Jose M.; S.N. Picornell & Company
Abstract: An appealed decision by the Court of First Instance of Manila in a civil case against Jose M. Cordova in an original prewar case does not become final until it is declared by the Court of Appeals. The period of limitation did not begin to run until the final decision was submitted to the Court had denied Cordova’s motion to reconsider. The Court’s decision petitioned from is confirmed, except as to the provision of suspending implementation of the sentence until eight years after the settlement of the appellant's war damage claim following our ruling in the Rutter case.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Damages (Law); Accidents; Compensation (Law); Actions and defenses (Law); Appellate court – Nueva Ecija; Philippines. Supreme Court; Singer Sewing Machine Company; Bachrach Motor Company, Inc.; Lobrin, Brigido
Abstract: The plaintiff Brigido Lobrin was employed at the Singer Sewing Machine Company in Nueva Ecija as an assistant supervising agent when he was injured due to an accident while traveling to work on a rural transit jitney bus owned by the Bachrach Motor Company, Inc. The motor company’s liability arose out of the same accident that produced the Singer Sewing Machine Company’s liability, and that the plaintiff can claim either damages or compensation, but not both since the amount he has already received is more than he would have been entitled as compensation.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Indemnity; Personal liability; Real property; Marital relations; Actions and defenses (Law); Philippines. Supreme Court; Appellate court – Zambales; Rosete, Gliceria; Yap, Simplicio; Yap, Corazon
Abstract: The plaintiff Gliceria Rosete redeemed two parcels of land belonging to the conjugal partnership which was sold for the payment of the damages, the money she used was r from her father’s two parcels of land. She has acquired it by right of redemption as a successor in the interest of her husband and has ceased to be the property of the judgment debtor. It can no longer consequently be the subject of execution under a judgment exclusively affecting the personal liability of the latter.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Marriage -- Annulment (Canon law); Summary proceedings; Civil procedure; Actions and defenses (Law); Philippines. Supreme Court; Appellate court; Philippines. Court of First Instance – Manila; Judges; Roque, Asuncionisco; Encarnacion, Demetrio B.; Reyes, Franc
Abstract: A counterclaim seeking to annul Francisco Reyes marriage to the plaintiff Asuncion Roque, although not contradicted by the latter, cannot be decided by summary judgment proceeding for the reasons that such action is not one to obtain a declaratory relief and it is the declared policy of the State to prohibit annulment of marriages by summary proceedings. The rules of the court expressly ban annulment of marriages without actual trial and it cannot justify a misrepresentation of the rule or violation of the avowed policy of the State.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land titles; Adverse possession; Real property; Land tenure; Actions and defenses (Law); Philippines. Supreme Court; Appellate court; Philippines. Court of First Instance – Manila; Padilla, Nicanor; De Jesus, Andres; De Jesus, Pablo; De Jesus, Josefa; Celis, Doroteo, Jr.; De Jesus, Natividad; Morales, Romeo; De Jesus, Manuel
Abstract: The plaintiff Nicanor Padilla filed an action for ejectment against the defendants to recover the ownership of a parcel of land located in Paco, Manila. The condition that there is a pending case in the court in which defendants are seeking the termination of the deed of mortgage of the property in question, executed by their father without their knowledge and consent, cannot and does not deprive the municipal court of its jurisdiction to try the ejectment case filed against them by the plaintiff, in the light of the tact stated in the complaint about ejectment, and supported by evidence, that plaintiff is the exclusive owner of the property in question, having purchased it at an auction sale in 1948.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Wills; Inheritance and succession; Testamentary trusts; Real property; Philippines. Supreme Court; Appellate court; Philippines. Court of First Instance – Aloguinsan (Cebu); Catholic priests; Abadia, Sancho; Enriquez, Severina A.; Abadia, Miguel
Abstract: The validity of a will is to be judged not by the law in power at the time of the supposed will is presented in court for validity and the petition is decided by the court but at the time the instrument was executed. One reason in support of the rule is that although the will operates upon and after the death of the testator. The wishes of Rev. Sancho Abadia regarding the disposition of his estate among his heirs and among the beneficiaries is given at the time the will is executed.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Detectives – Dismissal of; Civil service policy; Administrative law; Mandamus; Philippines. Supreme Court; Appellate court; Philippines. Court of First Instance – Cebu City; Public officers – Cebu City; Mayors – Cebu City; Uy, Antonio; Rodriguez, Jose
Abstract: The petitioner Antonio Uy appealed from a decision of the Court of First Instance dismissing the petition for mandamus against Jose Rodriguez. The petitioner states that he is not civil service eligibility, but his record shows that his appointment as a member of the detective force was temporary for periods of three (3) months and had been reappointed every three (3) months until his separation. The court's decision is reversed and that the City Mayor is ordered to reinstate the petitioner to his former position with the right to arrears in salary from the time of his separation to the date of his reinstatement.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Unfair labor practices; Labor disputes; Employee rights; Labor laws; Industrial relations; Philippines. Supreme Court; Appellate court; La Mallorca Taxi; Maralit, Estanislao; Chan, Manuel
Abstract: The respondent is seeking to dismiss the complaint filed by the Acting Prosecutor in the court against La Mallorca Taxi for unfair labor practice. When a complaint does not fairly appraise the respondents of the acts allegedly constituting unfair labor practice and of all other issues they are required to meet, such defect should not be a sufficient reason to dismiss the complaint; and serve as a ground for a motion for a bill of particular. The court’s decision for the motion under consideration is denied.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Attorneys general; Government attorneys; Public prosecutors; Republic Act 1198; Philippines. Department of Justice
Abstract: The Republic Act 1198 created the office of State Attorneys in the Department of Justice and will define the power, the duties and will also authorize the appropriation of its funds. State attorneys shall be appointed by the President of the Philippines with the concurrence of the Commission on Appointments, they shall perform other duties in the public service that may be assigned to them from time to time by the Secretary of Justice.
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Professional licensure examinations; Bar examinations; Eligibility (Social aspects); Civil service examinations; Civil service policy; Republic Act 1080; Philippines. Bureau of Civil Service
Abstract: The Republic Act 1080 states that the bar and other professional examinations given by the various board of examiners of the government are declared as civil service examinations shall be appointed to positions in the classified service the duties which involve knowledge of the respective profession be considered as equivalent to the first-grade regular examination given by the Bureau of Civil Service. It was enacted by the Senate and House of Representatives of the Philippines. It was enacted by the Senate and House of Representatives of the Philippines in Congress.
Rights: In Copyright - Educational Use Permitted
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