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 XIX (Issue No.5) May 31, 1954
Language : English
Rights : In Copyright - Educational Use Permitted
Creator: Garcia, E. Voltaire
Language: English
Subject: Civil Code of the Philippines; Legitimation of children
Abstract: [This study discusses the civil rights, obligations and social stigma that illegitimate children endured. Garcia thoroughly explained the Civil Code of the Philippines and the presumptions pertaining to this matter. Conclusions and recommendations were presented, which as follows: by eliminating the conclusive presumption of legitimacy and the prima facie presumption of illegitimacy should be reversed. Moreover, the author recommended that Articles 257, 258 and 259 of the Civil Code must be redrafted.]
pages: 213-219, 259
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Trademark Act ; Patent laws and legislation -- Philippines
Abstract: [Andres Co, Respondent-Applicant, moves that the Opposition filed by the Menzi and Co., Inc., the Opposer, be dismissed on the ground that upon the facts set forth in said Opposition, Menzi and Co., Inc. is not entitled to oppose the registration in favor of the Respondent-Applicant of the trademark under dispute. Andres Co has applied, under the current Trademark Act (Rep. Act. No. 11)6, as amended), for the registration, of a trademark, Senorita, which he claims to have used on bobby pins since the year 1948. Under Sec. 8 of the Act, the Menzi and Co., Inc. has opposed the registration upon the ground that it would be damaged by the said registration, having used the same trademark, Senorita, on identical articles, since the year 1932.]
pages: 247-248, 259
Rights: In Copyright - Educational Use Permitted
Creator: David, Porfirio C.
Language: English
Subject: Criminal cases--Statistics--1954 --Philippines ; Civil cases--Statistics--1954 --Philippines
Abstract: [This states the author’s views on an article by Federico Moreno published in Sunday Time Magazine in May 1954. David express his disappointments on the said article as it had dishonored and mocked other judges about their efficacy on the basis of half-truths and mis-truths. Facts and figures were presented to set the record straight and correct any misunderstanding produced by Moreno’s article. ]
pages: 259
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil Code of the Philippines
Abstract: [This contains the proposed amendments submitted by the members of the Bar to the provisions on succession, continued from April 1954 issue.]
pages: 257-259
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Tuason, Pedro ; Department of Justice -- Philippines
Abstract: [This article contains the opinions of Secretary Pedro Tuason, Secretary of Justice, on various cases in 1954.]
pages: 249-253
Rights: In Copyright - Educational Use Permitted
Creator: Fernando, Enrique
Language: English
Subject: Philippines -- Supreme Court; Liberty; Lawyers -- Philippines; Practice of law -- Philippines
Abstract: [In this article, the author aims to discuss the expanding concept of liberty and its significance for those in the legal profession. He provides concrete explanations on how the liberty enforced by the Constitution and the vital role of legal practitioners on it.]
pages: 213-218
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Segregation in education; United States -- Race relations
Abstract: [This article contains the text of the opinion delivered Monday by Chief Justice Warren on cases involving racial segregation in schools in the states of Kansas, South Carolina, Virginia and Delaware. ]
pages: 220, 263
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Republic Acts; Philippines -- Constitution; Republic Act No. 722 ; Republic Act No. 826; Republic Act No. 879 ; Republic Act No. 850 ; Republic Act No. 838; Republic Act No. 915 ; Republic Act No. 895 ; Republic Act No. 841
Abstract: [This article comprises Republic Acts which are used to fulfil the principles of the Philippine Constitution.]
pages: 254-256
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Corporations -- Philippines; Local Government Units -- Philippines
Abstract: Continued from April 1954 issue
pages: 260-263
Rights: In Copyright - Educational Use Permitted
Identifier: Supreme Court Decisions
Language: English
Subject: Citizenship; Court of First Instance -- Samar
Abstract: [This refers to the petition of Antonio, Juan and Jullto, sumamed Delumen, filed in the Court of First Instance of Samar, alleging that they are legitimate children of Paciencia Pua, a Filipino woman, and Mariano Delumen who was declared a Filipino citizen by the same court in an order dated August 7, 1960, and praying said court to determine whether they are Filipino citizens and to declare their corresponding rights and duties.]
Rights: In Copyright - Educational Use Permitted
Identifier: Supreme Court Decisions
Language: English
Subject: Real property – Philippines. ; Real property -- Foreign ownership
Abstract: Pilar T. Bautista, the plaintiff, owns lands located in the City of Manila. She executed a deed of absolute sale in favor of the defendant Hiinia Uy Isabeio, conveying the properties to the latter in consideration of Php l50,000, Php 90,000 of which was then paid. The question is whether the defendant spouses, assuming that they were Chinese citizens and that the sale was made to both and not solely to Hilaria Uy lsabelo, are disqualified to acquire and hold the property. The appealed decision is reversed and the plaintiff’s complaint dismissed, and the plaintiff are ordered to execute, within sixty clays from the finality of this decision, the necessary cancellation of the mortgage in question.
pages: 221-223
Rights: In Copyright - Educational Use Permitted
Identifier: Supreme Court Decisions
Language: English
Subject: Elections; Quo warranto; Court of First Instance – Bataan ; Revised Election Code (Republic Act No. 180)
Abstract: As a result of the 1951 elections, respondent Pedro Cruz was proclaimed a councilor-elect in the municipality of Orion, Bataan. Petitioner Pedro Calano filed a complaint or petition for quo warranto under Section 173 of the Revised Election Code (Republic Act No. 180) contesting the right of Cruz for the office of municipal councilor due to his ineligibility. Calano plea for other remedies which in law and equity he is entitled to, and asked that after declaring null and void the proclamation made by the Municipal Board of Canvasser in November, 1961, to the effect that Cruz was councilor-elect, he (Calano) be declared the councilor elected in respondent's place. However, the case was remanded to the trial court for further proceedings.
pages: 231-232
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land ownership; Property
Abstract: This is an action to recover the sum of Php 300 for clearing a parcel of land described in the complaint, and of P760 for its cultivation, caring and preservation of the coconut trees and other fruit-bearing trees planted therein. The plaintiffs further pray that the defendants jointly and severally be ordered to pay them the sum of Php l0,100 representing the value of the coconut trees and other fruit-bearing trees planted in the parcel of land or that they be declared entitled to pay to the defendants the reasonable value of the parcel of land.
pages: 224-225
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: The Court of Industrial Relations; Employer and Employee ; Labor Unions
Abstract: This is an appeal by certiorari from a decision of the Court of Industrial Relations ordering the petitioner Cebu Portland Cement Company to reinstate Felix V. Valencia to his former position as general superintendent, with full back pay at Php l,000 a month from November 15, 1950, up to his reinstatement and the differential salary collectible from May 1, 1949 up to November 16, 1950, with all the privileges and emoluments attached to said position.
pages: 243-245
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal Procedure; Double Jeopardy; Court of First Instance -- Manila; Certiorari
Abstract: [A petition for certiorari seeking to set aside an order of the Court of First Instance of Manila which directs that petitioner be included as one of the accused in a criminal case for estafa from which he was previously excluded by an order of the court. Petition was dismissed with costs.]
pages: 241-242
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal Law ; Treason ; Commonwealth Act No. 408 ; Court of First Instance -- Zamboanga; Criminal Procedure ; Double Jeopardy ; Juan D. Crisologo; Certiorari and Prohibition
Abstract: [The petitioner Juan D. Crisologo was accused of treason but prior to this, he has three other charges. First and third, were those of treason while the second was that of having certain civilians killed in time of war. He was found innocent of the first and third charges but guilty of the second wherein he was sentenced by the military court to life imprisonment. It appears that the offense charged in the military court and in the civil Court is the same. The petition for certiorari and prohibition was filed and granted wherein the criminal case for treason against the petitioner pending in the court ordered dismissed.]
pages: 233-235
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Pleading -- Philippines; Court of First Instance -- Rizal
Abstract: [This is an action for damages instituted in the Court of First Instance of Rizal arising from the attachment of a movie house together with all equipment, machineries and furniture found therein, the ownership of which in disputed.]
pages: 238 - 240
Rights: In Copyright - Educational Use Permitted
Language: English; Spanish
Subject: Contempt of court; Court of First Instance -- Negros Occidental ; Eduardo Enriquez; Vicente J. Francisco; Francisco Marasigan
Abstract: [This article refers to the petition of Attorney Francisco and Attorney Marasigan regarding their arrest ordered by Judge Eduardo Enriquez due to their failure to attend a trial of a case in Negros Occidental. ]
pages: 235-238
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Deposition; Discretion of the Court; Court of First Instance -- Manila
Abstract: [Nicanor Jacinto filed a complaint against Jose Cojuangco which refers to the accounting of the assets of a partnership they organized in 1939. The petition is denied with costs against the petitioner.]
pages: 228-229
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Employer and Employee ; Commonwealth Act 444
Abstract: [This article refers to the complaint of taxi drivers against Petronilo del Rosario, Jr. owner of twenty-five taxi cab which later sold to La Mallorca, a transportation company. This caused for the drivers to lost their job and then request to Mr. del Rosario to compensate their rendered overtime work.]
pages: 229-231
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Registration and transfer; The Manila Trading and Supply Co. ; Court of First Instance – Manila
Abstract: The Manila Trading and Supply Co., a corporation, is the lessee of three parcels of land in the Port Area, Manila, belonging to the Philippine Government, such lease having been recorded on the Government's Certificate of Title No. 4939. The structures built by said company upon the lots were destroyed during the last war; but after liberation, it erected new buildings that cost over a million pesos. Thereafter, on April 12, 1951 it requested the Manila Court of First Instance to require the Register of Deeds to enter and annotate, on Certificate of Title No. 4948, its Declaration of Property Ownership of such valuable improvements. The court granted the request (1). Then the Register of Deeds demanded payment of P1308.00 for the assurance fund pursuant to section 99 of Act No. 496. The company refused to pay, and applied to the court for relief thru a petition-consultation. The Register of Deeds was upheld.
pages: 226-227
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Police; Republic Act No. 557; Executive Order No. 264
Abstract: [This refers to the appeal of detectives in the Police Department of the City of Cebu who were illegally removed from their positions by Mayor Del Rosario. The Republic Act No. 557 and Executive Order No. 264 were discussed which led the court to grant the said petition for reinstatement and unpaid salaries.]
pages: 240-241
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Contract for deeds; Court of First Instance – Quezon
Abstract: [This is an original petition to compel the Hon. Vicente Santiago, Judge of the Court of First Instance of Quezon, to approve and certify petitioners' record on appeal filed in special proceeding No. 2387. The petitioners ‘plea pertains to the deed of sale of a property ordered by the said court.]
pages: 225-226
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal Law ; Criminal case; Homicide ; Robbery ; Court of First Instance
Abstract: [This is a complex crime of robbery with homicide charged to Motin Cocoy, Apolonio Cocoy, and one named Abi for killing Jose Leyson’s wife Maria and their children name Gardenia and Golpihan. Despite the hideous crime committed, the trial court reduced Motin and Apolonio’s sentence from death penalty to life imprisonment due to the defendant’s ignorance, lack of instruction, being non-Christians, and lack of association with a civilized community. It was stated here that Abi, who was mentioned as the leader of the crime, was not yet arrested during the said trial.]
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal Law ; Treason ; Court of First Instance--Bulacan
Abstract: [This article refers to the case of Maximo Pacheco who was accused for treason in the Court of First Instance of Bulacan. Two acts performed were identified: in Polo Bulacan and in the City of Manila.]
pages: 227-228
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Certiorari--Philippines ; Prohibition (Writ)--Philippines
Abstract: [This case is a petition for a writ of certiorari and prohibition. The Philippines International Fair, Inc. held an essay contest wherein Ponciano B. Jacinto filed a complaint in the Court of First Instance of Manila) with regards to its result and the award made by the board of judges. The petitioner questioned the awards’ validity and the respondent court issued a writ of preliminary injunction upon the filing of a bond in the sum of Php l, 000. The petition for a writ of certiorari and prohibition is denied and the writ of preliminary injunction issued was discharged, without pronouncement as to costs.]
pages: 223-224
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Supreme Court Decisions ; Warehouse receipts—Philippines. ; Court of Appeals
Abstract: [This refers to an appeal from a decision of the Court of First Instance of Nueva Ecija which orders Laureano Atendido, the defendant, to pay his obtained loan from the Philippine National Bank the sum of Php 3,000, with interest at 6% per annum from June 26, 1940. As guarantee to pay his loan, Atendido pledged 2,000 cavanes of palay placed in the warehouse of Cheng Siong Lam & Co. in San Miguel, Bulacan, wherein he endorsed in favor of the bank the corresponding warehouse receipt. For unknown reason, these cavanes of palay disappeared. Atendido failed to pay the principal loan and its interest which led the complainant file this case.]
pages: 242-243
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Supreme Court Decisions; Registration and transfer ; Certificate of transfer; Court of First Instance--Bulacan.
Abstract: [This is an appeal against two orders of the Court of First Instance of Bulacan, issued in Case No. 116, G. L. R. O. Rec. No. 12908, requiring to oppositor-appellant Lucia Milagros Barretto to surrender Transfer of Certificate of Title No. 14123, issued in the name of Bibiano Barretto. The said title pleaded to be cancelled to issue a new one in lieu thereof in the name of Reyes siblings, named Azucena, Flor-de-Lis and Tirso, Jr., all co-owners of an undivided one-half share and Lucia Milagros Barretto as the owner of the other half.]
pages: 246, 253
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Supreme Court Decisions ; Coercion ; Criminal Law; Court of Appeals ; Court of First Instance ; Article 1593 of the Civil Code; Mostasesa, Pelagio; Espada, Antonio
Abstract: [This criminal case involves a crime of coercion wherein Mostasesa and others, the accused-appellants, were found guilty. The Court of Appeals imposed the appropriate penalty in which the defendants were sentenced either to return the articles in question (two bales of tobacco) to Antonio Espada, the complainant, or to pay him Php 632.00 with subsidiary imprisonment in case of insolvency.]
pages: 245-246
Rights: In Copyright - Educational Use Permitted
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