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.6) June 30, 1954
Language : English; Spanish
Rights : In Copyright - Educational Use Permitted
Creator: Garcia, Leon T.
Language: English
Subject: Philippines -- Statutes, Laws, legislations, etc.
Abstract: [The question of nationality has in the past been the cause of international complications or even wars that it has become the concern of international bodies which gather in convention or conferences for the purpose of finding ways and means of minimizing as much as possible the conflicts in the Municipal Laws of the various countries of the world. Such problems arise every now and then and there seems to be no end to questions growing out of such conflicts. Our nationality laws cannot be an exception to this.]
pages: 265-270, 310
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Philippines -- Court of Appeals -- Decisions
Abstract: [This article provides a list of decisions by the Court of Appeals.]
pages: 311
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: 312
Rights: In Copyright - Educational Use Permitted
Creator: Macapagal, Diosdado
Language: English
Subject: Macapagal, Diosdado -- 1910-1997
pages: 316
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Republic Act No. 1186; Republic Act No. 296; Philippines -- Constitution
pages: 313-316
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines
Abstract: [This action originated in the municipal court of Cavite City, where the plaintiffs-appellees filed an action against the defendants to recover from the latter the amounts which the plaintiff, who are laborers, earned while working in the construction of the house of defendant Francisco Navarro from September, 1950, to October, 1950. The other defendant, Francisco Legaspi, was the building contractor employed by Navarro. Defendant Francisco Navarro alleges in his answer that he did not enter into a contract with the plaintiffs, nor did he authorize his co-defendant to employ them. As special defenses he asserts that the allegations of the complaint do not constitute a cause of action against him, and that the complaint is premature. The record fails to show whether defendant Francisco Legaspi filed an answer.]
pages: 300-302
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Labor laws and legislation -- Cases; Labor unions
Abstract: [Respondent Insular Lumber Company (later to be referred to as the Lumber Company) is a domestic corporation engaged in the lumber business in Fabrica, Negros Occidental, employing laborers who belong either to the petitioner Allied Workers Association of the Philippines (later to be referred to as the Association) or to a rival union known as the United Labor Union, of which Catalino de los Santos is the President.]
pages: 282-284
Rights: In Copyright - Educational Use Permitted
Language: Spanish
Subject: Civil law -- Philippines; Adoption -- Philippines
Abstract: [Norman H. Ball, an American citizen and domiciled in the Philippines, had requested the adoption of the minor George William York, Jr. who was born on February 29, 1948. The Public Prosecutor's Office opposed. After the corresponding hearing, the Court of First The Manila court decreed the adoption of said minor in accordance with with article 338 of the Civil Code of the Philippines. Against this decision, as it has been amended, on October 21, 1951 he appealed the Public Prosecutor's Office.]
pages: 278-279
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Quo warranto; Government officials -- Appointments, qualifications, tenure, etc.; Court of First Instance -- Albay
Abstract: [This is an appeal from a decision of the Court of First Instance of Albay declaring respondent Pedro Beraquit ineligible to the office of mayor of the municipality of Malilipot, province of Albay, on the ground that he was not a resident of said municipality one year prior to the elections held on November 13, 1951. ]
pages: 297-298
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Certiorari -- Philippines; Mandamus -- Philippines
Abstract: [This is a petition for certiorari and mandamus with preliminary injunction seeking to compel respondent Judge to allow petitioner to adduce evidence relative to an alleged irregularity committed by the board of inspectors of precinct No. 6, of Pamplona, Camarines Sur, during the election for municipal mayor held on November 13, 1951. The purpose of the injunction is to restrain respondent Judge from proceeding with the trial of the protest pending determination of the issue raised in this proceeding. This injunction was issued as prayed for. The petition is denied with costs against the petitioner. ]
pages: 296 - 297
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines
Abstract: [This is a special action of certiorari to annul and set aside an order for immediate execution issued on March 5, 1951, by the Honorable Cirilo Maceren, judge of the Court of First Instance of Davao, in Civil Case No. 288 of that court entitled G. P. Sebellino, as Administrator of the Estate of Jose Caragao V. Robustiano Caragao, et al.]
pages: 305-306
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Mortgages -- Philippines
Abstract: [Plaintiffs instituted this action in the Court of First Instance of Ilocos Norte praying that judgment be rendered (1) declaring null and void the actuations of the clerk of court and of the sheriff of said province on the ground that they are in contravention of law; (2) declaring null and void the order of the court dated July 18, 1941 on the same ground ; (3) ordering defendants to pay plaintiffs damages in the amount of Pl0,000; and (4) ordering defendants to pay the costs of action. ]
pages: 295-296
Rights: In Copyright - Educational Use Permitted
Language: English; Spanish
Subject: Public officers -- Law and legislation -- Philippines; Land ownership -- Philippines
Abstract: [Plaintiff owned some parcels of land totalling about 9 hectares. The Director of the Bureau of Public Works "without authority obtained first from the Court of First Instance of Ilocos Sur, without first obtaining a right way, and without the consent and knowledge of the plaintiff, and against her express objection, unlawfully took possession of portions of the three parcels of land and caused an irrigation canal to be constructed on the portion of the three parcels of a land.]
pages: 290-292
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Jurisdiction (International law); Criminal jurisdiction; Court of First Instance -- Manila
Abstract: [This is an appeal by the defendants from a decision of the Court of First Instance of Manila ordering them or their successors or representatives to return to plaintiff or his authorized representative the confiscated Military Payment Certificates (Scrip Money) in the reconverted or new series, amounting to $3,713.00.]
pages: 284-285
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Transportation -- Law and legislation -- Philippines
pages: 308-310
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines
Abstract: [This is an appeal by certiorari against a decision of the Court of Appeals, in C. A. - G. R. No. 7853-R, Felicisimo Ronquillo, plaintiff-appellant, and Francisco Marasigan, defendant-appellee.]
pages: 303-305
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Land titles -- Registration and transfer -- Philippines
Abstract: [This is a petition for review of a decision of the Court of Appeals rendered on June 14, 1951 wherein, among other things, the deed of sale executed by Saturnina Navajas in favor of Antonino Mirasol, petitioner herein, was declared valid in so far as the share and participation of said Saturnina in Lot No. 3760 of the cadastral survey of Iloilo City is concerned, which participation is one half (1/2) of the undivided one-fourth (1/4) belonging to her mother Dionisia Gamboa; Juan Navajas was declared owner of one-half (1/2) of the same undivided share; and with regard to the cross-claim of Antonio Mirasol, Natividad Escarrilla was ordered to pay him the sum of Pl,575. In the same decision it was ordered that the judgment be registered and annotated on the original Certificate of Title No. 1399 covering Lot No. 3760.]
pages: 298-300
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Citizenship -- Philippines ; Naturalization -- Philippines; Court of First Instance -- Marinduque
Abstract: [On October 25, 1949, Santiago Ng filed with the Court of First Instance of Marinduque a petition praying for his naturalization as a Filipino citizen. The petition was accompanied by the affidavit of Jose Madrigal, Municipal Mayor of Boac, Marinduque, and the affidavit of Filemon Ignacio, Chief of Police of the same municipality, together with two pictures of the petitioner. However, the petition was not accompanied by the declaration of intention to apply for Philippine citizenship presented one year prior to the filing of the petition.]
pages: 281-282
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines
Abstract: [On December 9, 1952, Uy Tiong Oh instituted in the Court of First Instance of Negros Occidental Civil Case No. 2562, against Gorgonio Pandes, for the recovery of a sum of money.]
pages: 307-308
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law -- Philippines; Revised Penal Code; Municipal government -- Corrupt practices; Court of First Instance -- Pangasinan; National Rice and Corn Corporation (NARIC)
Abstract: [The accused Leon Aquino was charged in the Court of First Instance of Pangasinan with malversation of public funds for having on or about July 16, 1951, misappropriated public funds amounting to P20,944.27 entrusted to his care in his capacity as municipal treasurer and postmaster of Mabini, Pangasinan, and "ex-officio in-charge of the properties and funds of the National Rice and Corn Corporation (NARIC)." Pleading guilty to the charge, the accused was, in accordance with Article 217, paragraph 4, of the Revised Penal Code and the Indeterminate Sentence Law. ]
pages: 289-290
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal procedure -- Philippines; Bigamy ; Court of First Instance -- Cebu
Abstract: [The defendant is charged in the Court of First Instance of Cebu with the crime of bigamy, for having contracted a second marriage with one Efigenia C. Palomer on September 21, 1947, while his previous valid marriage with Martina Godinez was still subsisting and had not been dissolved.]
pages: 302-303
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law -- Philippines; Firearms -- Law and legislation -- Philippines; Court of First Instance -- Pangasinan
Abstract: [This is an appeal from an order of the Court of First Instance of Pangasinan, dismissing an information for illegal possession of firearm and ammunition. The dismissal was ordered on a motion to quash on the grounds that the information did not state facts sufficient to constitute an offense.]
pages: 289
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal procedure -- Philippines; Bail -- Philippines; Rizal Surety & Insurance Company
Abstract: [On May 25, 1951, Lee Diet was charged before the Justice of the Peace Court of Cotabato, Cotabato, with the crime of uttering false U.S. gold coins in connivance with some counterfeiters. On the same date, the Justice of the Peace issued a warrant for his arrest and fixed the bail bond for his provisional liberty at P12,000. Thereupon, the bond was put up by the Rizal Surety & Insurance Company and the accused was released.]
pages: 293-295
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law -- Philippines; Courts-martial and courts of inquiry -- Philippines; Revised Penal Code; Court of First Instance -- Romblon
Abstract: [After the corresponding trial in the Court of First Instance of Romblon, Felipe A. Livara, was found guilty of malversation of public funds and sentenced to imprisonment from four (4) years, two (2) months and one (1) day of prison correctional to ten (10) years of prision mayor, with perpetual special disqualification, to pay a fine of P5,000.00, to indemnify the government in the sum of P5,597.00, without subsidiary imprisonment in case of insolvency, and to pay the costs.]
pages: 279-281
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Criminal law -- Philippines ; Revised Penal Code; Municipal government -- Corrupt practices; Court of First Instance -- Romblon
Abstract: [Found short in his accounts as officer-in-charge of the office of the municipal treasurer of Despujols, Romblon, and unable to produce the missing fund amounting to P3,938.00 upon demand by the provincial auditor, the defendant Aquino Mingoa was prosecuted for the crime of malversation of public funds in the Court of First Instance of Romblon, and having been found guilty as charged and sentenced to the corresponding penalty, he appealed to the Court of Appeals. But that court certified the case here on the ground that it involved a constitutional question.]
pages: 288-289
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines; Court rules -- Philippines
Abstract: [This is a petition for certiorari seeking to set aside certain orders of respondent Judge with the view to reviving or giving course to the third party claims filed by petitioners with the Provincial Sheriff of Rizal claiming to be the owners of the houses levied in execution and to excluding them from the list of individuals who were ordered to vacate the land of Madrigal & Co. Inc., issued in Civil Case No. 954 of the Court of First Instance of Rizal. ]
pages: 292-293
Rights: In Copyright - Educational Use Permitted
Language: English; Spanish
Subject: Civil procedure -- Philippines; Civil law -- Philippines; Court of First Instance -- Manila; Atkins, Kroll & Co., Inc.; Cathay Ceramics, Inc.; Insurance & Surety Co., Inc.
Abstract: [In Civil Case No. 17111, entitled Atkins, Kroll & Co., Inc., plaintiff, against Cathay Ceramics, Inc., Jose Sarreal, Asao cited Insurance & Surety Co., Inc., Rizalina S. Rivera, Claro Rivera, and Jesus L. Uy, defendants, filed on July 29, 1952 in the Manila Court of First Instance, the applicant He asked the Court to decide who or who, among the defendants, have a right to the sum of P21,792.49 that said plaintiff deposited in the notary office of the Court. Is. The sum represents the value of the second steel rail table sold to the Demanding Atkins, Kroll & Co., lnc. by Cathay Ceramics, Inc. by virtue of a contract between the two on April 25 from 1952; and in accordance with said contract, the first consignment is sent the plaintiff by Ceramics, Inc. on June 20, 1952, with a total cost of P25,789.45, and the second shipment that rides at P21,792.49, shipped on July 17 of the same year.]
pages: 276-278
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Obligations (Law) -- Cases -- Philippines ; Ballantyne schedule; Court of First Instance -- Manila
Abstract: [On March 4, 1947, Alejandro Samson filed against Agapito B. Andal and Valentina Berana de Andal in the Court of First Instance of Manila a complaint for declaratory relief, praying that judgment be rendered fixing the amount which Alejandro Samson should pay to Agapito B. Andal and Valentina Berana de Andal under a deed of mortgage executed by the former in favor of the latter, and that the defendants be ordered to cancel the mortgage upon payment of said amount.]
pages: 271
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines; Land ownership -- Philippines; Court of First Instance -- Bulacan
Abstract: [This is an appeal from the Court of First Instance of Bulacan certified to this Court by the Court of Appeals for the reason that it involves a purely legal question. The Case originated in the justice of the peace court of Hagonoy, Bulacan, with the filing of a complaint for the recovery of possession of two parcels of land and a house thereon which were allegedly leased by plaintiff to defendants and which the latter refused to vacate after the expiration of the lease despite demands. ]
pages: 288-289
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Taxation -- Philippines ; Municipal revenue -- Philippines
Abstract: [The Shell Company of P.I. Ltd., a foreign corporation, filed suit for the refund of the taxes paid by it, on the ground that the ordinances imposing such taxes are ultra vires.]
pages: 274-276
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines ; Court rules -- Philippines; Court of First Instance -- Manila
Abstract: [As a result of the collision in the month of October, 1948, between a truck owned by respondent Atayde Brothers and Company driven by one Elpidio Bamba and a passenger bus owned by petitioner Roman Tolsa, BAMBA was prosecuted in the Court of First Instance of Manila in Criminal Case No. 8748 for damage to property thru reckless imprudence, was found guilty, and sentenced to pay a fine of P765.00, to indemnify Tolsa in the same amount, with subsidiary imprisonment in case of insolvency, and to pay the costs. On appeal the decision was affirmed by the Court of Appeals. Bamba failed to pay the two amounts and had to undergo the corresponding subsidiary imprisonment. Because of Bamba's insolvency and his failure to pay the indemnity Tolsa filed in the same Court of First Instance of Manila Civil Case No. 19557 against Atayde Brothers and Company and Elpidio Bamba to recover the amount of P2,013.00 consisting of the indemnity of P765.00, P98.00 as damage to one tire as a result of the collision, P950.00 as consequential damages which is the amount Tolsa was supposed to have failed to realize as income during the time that his bus was being repaired, and P200.00 as attorney's fees, or a total of P2,013.00. Defendants in said civil case answered the complaint and the court set the hearing of the case on August 20, 1953. However, on August 5th, that is, fifteen days before the date set for hearing, respondent Judge Panlilio motu propio dismissed the case, without prejudice, on the ground that the court was without jurisdiction to try the same for the reason that the amount sought to be recovered in the action was less then P2,000.00. A motion for reconsideration by plaintiff Tolsa was denied and so he filed the present petition for certiorari on the ground that despite the fact that respondent Judge had jurisdiction over the case, he acted in excess of his jurisdiction and with grave abuse of his discretion in dismissing it.]
pages: 286-287
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Jurisdiction -- Philippines
Abstract: [This is an action to collect P59,082.92, together with lawful interests from 14 October 1947, the date of the written demand for payment, and costs. The claim arises out of a shipment of 1,000 tons of coconut oil emulsion sold by the plaintiff, as agent of the defendant to Jas. Maxwell Fassett, who in turn assigned it to Fortrade Corporation. ]
pages: 273-274
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Civil procedure -- Philippines ; Court of First Instance -- Cebu ; Court of Appeals
Abstract: [This is an appeal from an order of the Court of First Instance of Cebu dismissing the case involving the authenticity of the signature of Aquilino Mercado to Exhibit A. In this appeal, it mainly focuses on the issue whether the motion for reconsideration filed in the municipal court is a pro forma motion.]
pages: 306
Rights: In Copyright - Educational Use Permitted
Language: English
Subject: Lawyers -- Philippines; Legal ethics ; Lawyers -- Dismissal of
Abstract: [The Solicitor General has filed a complaint against the respondents Celestino M. De Leon and Justo T. Velayo, duly qualified members of the bar in active practice, alleging that, since December, 1949, respondent De Leon, still legally married to Vertudes Marquez lived as husband and wife with Regina S. Balinon.]
pages: 271-273
Rights: In Copyright - Educational Use Permitted
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