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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 : Volume XXVII (Issue No.9) September 30, 1962

Language : English

Rights : In Copyright - Educational Use Permitted


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Articles:

Justice without fear or favor

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

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President Macapagal rebukes Justice Reyes on attack in Garcia decision

Language: English

Subject: Macapagal, Diosdado

pages: 258

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Civil liberties union answers Pres. Macapagal

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

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When an alien may be deported

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

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United States Supreme Court advance opinion: Reck v. Pate

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

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Paulino Garcia, petitioner vs. the Honorable Executive Secretary, and Juan Salcedo, Jr., in his capacity as Acting Chairman of the National Science Development Board, respondents, G. R. No. L-19748, September 13, 1962 [Supreme Court Decisions]

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

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Leonardo Diaz, et al., Petitioners-appellants vs. Felix Amante, respondent-appellee, G. R .No, L-9228, December 20, 1958

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

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In re: Disbarment proceedings Against Atty. Diosdado Q. Gutierez, Respondent, Adm. Case No. 363, July 31, 1962

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

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Mateo Canite, et al., plaintiffs-appellants vs. Madrigal & Co., Inc., et al., defendants-appellees, G. R. No. L-17836, August 30, 1962 [Supreme Court Decisions]

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

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Luneta Motor Company, Petitioner, vs. A .D. Santos, Inc. et al., Respondents, G.R. No. L-17716, July 31, 1962

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

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Ricardo M. Gutierez, Plaintiff-Appellant, vs Lucia Milagros Barretto-Datu, Executrix of the Testate Estate of the deceased Maria Gerardo Vda. de Barretto, Defendant-Appellee, G.R. No. L-17175, July 31, 1962.

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

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Teresa Realty, Inc., Plaintiffs-Appellee vs. Carmen Preysler Vda. de Garriz, Defendant-Appellant, G.R. No. L- 14717, July 31, 1962

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

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Godofredo Navera, petitioner vs. Hon. Perfecto Quicho, etc., et al., respondents G. R. No. L-18339, June 29, 1962

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

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People of the Philippines, Plaintiff-appellee vs. Emiterio Villanueva, Pedro Percal and Felix Jasmilona, Defendants-appellants, G.R. No. L-12687, July 31, 1962

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

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Sergio del Rosario, Petitioner, vs. People of the Phil., Respondent, G.R. No. L-16806, December 22, 1961

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

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Court of first instance decision: Morfe vs. Hon. Executive Secretary et al

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

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1962 Bar Examination questions (Continuation) Political Law

Language: English

Subject: Constitutional law -- Philippines -- Examinations, questions, etc.; Public law -- Philippines -- Study guides

pages: 283-284

Rights: In Copyright - Educational Use Permitted

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1962 Bar Examination questions (Continuation) Criminal Law

Language: English

Subject: Criminal law -- Philippines -- Examinations, questions, etc.; Bar examinations -- Philippines

pages: 284-285

Rights: In Copyright - Educational Use Permitted

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1962 Bar Examination questions (Continuation) Remedial Law

Language: English

Subject: Remedies (Law) -- Philippines --Examinations, questions, etc.

pages: 285-286

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1962 Bar Examination questions (Continuation) Legal ethics and practical exercises

Language: English

Subject: Legal ethics -- Philippines -- Examinations, questions, etc. ; Bar examinations -- Philippines

pages: 286-287

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Profiles of members of the bench and bar: presiding Justice Jose P. Bengzon

Language: English

Subject: Judges -- Selection and appointment ; Philippines -- Court of Appeals ; Bengzon, Jose P.

pages: 288

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