Saturday, November 30, 2013

English lender becomes Spanish borrower

The second semester has finally started after the Bohol earthquake and the Yolanda superstorm. Back to the books.

On page 885 of Civil Code of the Philippines Annotated, Volume V, 2013 Edition by Edgardo L Paras we have this:

Comodatario is in fact Spanish (and Italian) for borrower or bailee. Comodante is, on the other hand, the lender or bailor.

Saturday, November 23, 2013

Article 158 on my mind

The second semester has just started in my alternate universe because of many cancellations of classes and the finals. In fact, I missed my finals in Legal Research under Prof. Jake Cimafranca because he administered it in the middle of the week when classes were still supposed to be cancelled. Brave guy, Prof. Jake is. 

It’s been two weeks now but the main topic between a barber and his client would still be Typhoon Yolanda. But Yolanda can also be a conversation starter between a taxi driver and his passenger; which happened to me this week. 

On my way home from classes, the taxi driver and I talked about the devastation of Tacloban. When the conversation turned to the prisoners who escaped, I remembered Art. 158 of the Revised Penal Code.  Those who fail to return within 48 hours will get additional time in prison and those who return will benefit from a reduction of sentence according to Art. 98. 

In class we decried how it was unfair for those who did not even try to escape because they  get nothing in return. 

But the taxi driver provided a new angle. He said that it was foolish to escape; there could be a chance that their cases might be dropped. Who would know if  the complainants and their witnesses might have died in the aftermath of the typhoon.

Sunday, November 10, 2013

First the quake, now the storm!

Electricity came back just this morning. So back to posting which will be sparse.

Finals for 3 subjects scheduled November 7 & 8 were again cancelled due to Typhoon Yolanda. Incidentally, one of my classmates is Yolando Salazar, an officer of the BJMP.

I still have to find Prof. Jake because I also missed the finals in Legal Research which he conducted October 23 when everyone was still quaking from the aftershocks.

What a semester!

Saturday, November 9, 2013

Is this an officer and a gentleman?

From the November 5, 2013 issue of the Cebu Daily News (printed edition):


Sunday, November 3, 2013

Comma jurisprudence

In BasicLegal Writing, First Edition (2002) by Mauricio C. Ulep, the author listed 42 guidelines on the proper use of the comma.

On page 45, however, Ulep seems to say that the Supreme Court has ruled on the proper use of the comma.


Also on the same page, I think Ulep should have used too instead of so.



Be that as it may, I think Willard Riano, or his editors at Rex, could very well use Ulep's guidelines in the correct usage of the comma. See here for one example, among many, of Riano's comma usage.

Saturday, November 2, 2013

Lolo's Rules

No appetite for typos the past weeks.

Oct 21 to 25 was supposed to be finals for the first semester. Had to cram because there were pending things also at the office. Then the earth trembled from under everyone's feet on October 15; especially in the neighboring island of Bohol. After several postponement due to aftershocks every thing is set for go starting November 4.

While waiting forstudy appetite to rev up, I remembered I must have somewhere a copy of the Rules of Court used during the days of my grandpa. I found it in my stack of books in a shed outside our house. So here it is:

There is no title on the cover. Could be that there was jacket for this?

Here's the title page:


A close up of the title page:



The 1940 Rules of Court consists of 133 Rules.

  • Rule 1 - Title and Construction
  • Part I - Civil Actions: Rule 2 to 72
  • Part II - Special Proceedings: Rule 73 to 105
  • Part III - Criminal Procedure: Rule 106 to 122
  • Part IV - General Provisions: Rule 123 to 133