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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 : VIII (3) February 15, 1940

Publisher : The Lawyers Journal

Language : English; Spanish

Rights : In Copyright - Educational Use Permitted


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Articles:

The Descent to a Dictatorship

Creator: Maxey, George W.

Language: English

Subject: Speeches, addresses, etc.; Dictatorship

Rights: In Copyright - Educational Use Permitted

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The Legitimate of Acknowledged Natural Children as sole and concurring forced heirs in intestate succession

Creator: Covita, Angel

Language: English

Subject: Legitimation of children; Acknowledgment of children; Parent and child (Law); Inheritance and succession

Rights: In Copyright - Educational Use Permitted

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The Philippine law on organized labor – Com. Act no. 213

Creator: Lazo, Melanio F.

Language: English

Subject: Labor unions; Commonwealth act 213; Employee rights; Labor disputes

Rights: In Copyright - Educational Use Permitted

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The New Rules of Court

Language: English

Subject: Court rules; ; Procedure (Law)

Rights: In Copyright - Educational Use Permitted

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Feliciano Sanchez, Petitioner-appellant, Hon. Francisco Zulueta, Judge of the Court of First Instance of Cavite, et.al., respondents-appellees, C.R. No. 45616, May 16, 1939 [Supreme Court decisions].

Language: English; Spanish

Subject: Child support; Adultery; Actions and defenses (Law); Appellate courts; Trial courts -- Cavite; Philippines. Supreme Court; Sanchez, Feliciano; Zulueta, Francisco

Abstract: The Plaintiff, is claiming to be the wife and son of the defendant asking for support. The defendant opposed, alleging that the plaintiff’s child was not his son but of another man with whom the plaintiff wife had committed adultery, and asked to be permitted to present evidence of adultery. The trial court, refusing to hear the evidence, granted the request, and ordered the defendant to give support.

Rights: In Copyright - Educational Use Permitted

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Patrocinio Lumbreras, plaintiff-appellant, vs. Salvador Sison, defendant-appellee, G.R. No. 45583, April 14, 1939 [Supreme Court decisions]

Language: English; Spanish

Subject: Summons; Notice (Law); Appellate procedure (Civil procedure); Actions and defenses (Law); Trial courts; Appellate courts; Philippines. Supreme Court; Lumberas, Patrocinio; Sison, Salvador

Abstract: The Supreme Court stated in numerous decisions that the defendant should be personally served with a subpoena and the court will not get jurisdiction over the person of the defendant; his special appearance for the only purpose of asking that the judgment rendered; and a judicial order will be issued against him be canceled and declared to be without effect. 

Rights: In Copyright - Educational Use Permitted

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Manila Electric Company, plaintiff-appellee, vs. Ramon Roces, defendant-appellee, G.R. No. 46273, October 23, 1939 [Supreme Court decisions]

Language: English; Spanish

Subject: Amended and supplemental pleading; Organizational name changes; Actionsand defenses (Law); Appellate courts; Trial courts; Philippines. Supreme Court; Manila Electric Company; Ramon Roces Publications, Inc.; Roces, Ramon

Abstract: The Plaintiff corporation brought an action against Ramon Roces. The defendant disclaimed interest in the legal process, claiming that the real party defendant was the corporation, Ramon Roces Publications, Inc., of which he was only the president. Plaintiff presented an amended complaint, changing the party defendant to Ramon Roces Publications, Inc. Defendant opposed revision on the ground that it would illegally permit the change of the party defendant and of the cause of action.

Rights: In Copyright - Educational Use Permitted

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Jose Martinez, etc., petitioners-appellants, vs. Santos B. Pampolina, Justice of the Peace of Binan, Laguna, et.al., respondents-appellees, G.R. No. 45177, April 5, 1939 [Supreme Court decisions]

Language: English; Spanish

Subject: Pleading; Appellate procedure; Actions and defenses (Law); Trial courts – Binan (Laguna) ; Appellate courts; Philippines. Supreme Court; Martinez, Jose; Pampolina, Santos B.

Abstract: The article stated that a motion filed to require several persons who have joined in the filing of a single suit to establish separate and independent actions on the ground that their interests were not identical.

Rights: In Copyright - Educational Use Permitted

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Tavera-Luna, Inc., petitioner-appellant, vs. Judge Mariano Nable, respondent-appellee, G.R. No. 45601, April 14, 1939 [Supreme Court decisions]

Language: English

Subject: Forcible entry and detainer; Mandamus; Property; Actions and defenses (Law); Trial courts – Manila; Appellate courts; Philippines. Supreme Court; Tavera-Luna, Inc.; Nable, Mariano

Abstract: An action of forcible entry and detainer instituted to recover possession, the defendant cannot defeat that action merely by asserting in his answer a claim of ownership in himself. The only exception to this rule is when the question of ownership is so necessarily involved that it would be impossible to decide the question of mere possession without first settling that of ownership.

Rights: In Copyright - Educational Use Permitted

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Court of Appeals : The Government of the Philippine Islands, plaintiff-appellee, vs. Mariano Conde, defendant-appellant G.R. nos. 3031 and 3249, October 26, 1939

Language: English

Subject: Foreclosure; Mortgages; Certiorari; Appellate procedure (Civil procedure); Actions and defenses (Law); Appellate courts; Philippines. Supreme Court; Conde, Mariano

Abstract: The Supreme Court decision in a foreclosure suit, the mortgaged property was sold at the public auction to the plaintiff. Afterward, the approval of the sale, the deficiency judgment, and an 8% interest was prayed for by the plaintiff. The defendant complained about the ground of inadequacy of price as compared to its assessed and actual market values. The Court confirmed the sale and issued an alias writ of execution for the deficiency.

Rights: In Copyright - Educational Use Permitted

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The Cadastral Act annotated [Act no. 2259], [series]

Creator: Francisco, Vicente J.

Language: English; Spanish

Subject: Land title registration and transfer; Real property; Land titles; Cadastres; Cadastral act

Abstract: The article states that all the information of the real estate in the country, clarification of boundaries, and other property-related matters will be registered, stored, and can be accessed in the official national register of land information.

Rights: In Copyright - Educational Use Permitted

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El Proceso de Los Marcos [series]

Language: Spanish

Subject: Witness credibility; Truthfulness and falsehood; Testimony (Law)

Abstract: The article describes that the weight of evidence on the issues involving lies, the Court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial.

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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