Tortious vs Tortuous

On page 40 of the book Philippine Corporate Law, 2013 Edition by Villanueva, and Villanueva-Tiansay the authors started with "tortious".

Then they switched to "tortuous" a little later down on the same page:

And these from pages 41, and 42:

In the PNB decision quoted by the Villanuevas, the Supreme Court used "tortious".

De Leon and De Leon in their book Comments and Cases on Torts and Damages use "tortious".  So does Aquino in his book Torts and Damages. I'd go with the De Leons and Aquino in this matter.

See this article in dailywritingtips.com or this one for the distinction between tortious and tortuous.

No Saturday typo

No posting today because I had my ultrasound, 12-lead ECG, and chest PA early this morning. Right after which, I joined my paralegal group of classmates at 9:30AM at the Halad Kapamilya held at the Cebu Technological University which used to be Cebu School of Arts and Trades when I was still studying Applied Electronics.

Positive vs Negative Evidence

Here's what Riano said, page 45 of his book Evidence (The Bar Lectures Series), 2013 Edition, on positive vs negative evidence:

For Riano, if the witness says yes it is positive evidence; otherwise it is negative.

Contrast that with Regalado's take on the terms in his book Remedial Law Compendium, Volume II, 11th Edition, page 703:

Here's how Black's Dictionary explains the distinction:

As for positive evidence, Black's Dictionary simply refers one to direct evidence.

The Supreme Court, in People vs. Ramos, which is cited by Regalado, clarifies the distinction:

We hold that Brinzon's testimony was positive and not negative in character. As pointed out by Francisco (Comment on Rule 133, page 1125), quoting 32 C.J.S., 1079-1081:

A distinction must be made between testimony which is negative in form and that which is negative in character; so testimony may be positive in character even though it amounts to a negative statement or tends to show a negative situation, and if a witness who was in a position to observe testifies not merely that he did not see or hear, but that the event did not occur, this is clearly positive testimony.

The 2013 UP Bar reviewer follows Regalado; the San Beda 2014 memory aid adheres to Riano.

Saturday typos, 22 Nov 2014

From Torts and Damages, 2013 Edition by Timoteo B. Aquino:

Page 29 -

  

Page 35

Also on page 35; if there is "on the other hand", where is the one hand?

Sunday misnomers, 16 Nov 2014

I bought a copy of  Philippine Corporate Law, 2013 Edition by Villanueva and Villanueva-Tiansay during the semestral break and was able to wade through 100 pages before classes started.

However, the professor of Corporation Law, Atty. Carreon, recommended the book by De Leon and assigned Sections 1 to 10 of the Corporation Code. I hurried to the Rex branch and got myself a copy of he Corporation Code of the Philippines (Annotated), 2013 Edition  by De Leon and De Leon. The sections spanned also 100 pages. I could only skim over it by the next meeting.

I'll have Villanueva's book as reference; De Leon's as textbook.

From the first hundred pages of Villanueva's book one finds these:

Page 43,

Page 66,

No typo for today, 15 Nov 2014

My mrs. and I had our laboratory exams early this morning at the Chong Hua Hospital. More expensive than at the non-hospital lab we used to patronize. But it will be worth it since we gathered from friends and other sources that the results are reliable and accurate. At the other lab even my blood type was not the correct one compared to my records at the Red Cross and another blood bank where I donate blood.

So no typos for today. But here's a link about the lived experience of a bar examiner. I will refer to this if I ever get a chance to teach law.

Villanueva jurisprudence not found

From page 20 of Philippine Corporate Law, 2013 Edition by Villanueva and Villanueva-Tiansay:

Prof. Villanueva rarely uses the G.R. number of a case (see my complaint here in a previous post) which would have made life easier for a working law student who relied only on Lawphil or ChanRobles. I finally found the case at Philippine Reports Online.

The boxed sentence indeed appear on the case cited. But curiously the highlighted quotation is nowhere to be found.

Googling the first phrase "Although the statutory grant to an association of the powers" turned up 16 results. Most are uploaded documents on Scribd. And all point to Clv-2011 Corporate Law Outline or other documents used in Villanueva's class. 

Is this a form of echo chamber? And is Scribd becoming like this?

Saturday typo, 8 Nov 2014

From Philippine Corporate Law, 2013 Edition by Villanueva and Villanueva-Tiansay:

Page 7 -

Page 12 -

Page 39 -

 Page 40 -

 Still on page 40 -

SCRA vs G.R.

In a previous iteration as a law student, I had professors who would assign  at least ten cases for the next evening's class. I would always ask blessings for  those who would assign their cases with the corresponding G.R. numbers. Of special mention would be Prof. Renato M. Galeon, my sensei in Constitutional Law 2.

The others would only cite SCRA numbers. Or if the cases are old ones, they will send you to xxPhilxx. Imagine your frustration when at the next meeting of the class you'd find out you got the wrong case because you only relied on Lawphil, Chan-Robles, or even the Supreme Court site.

Of course,  you can wade through the cases listed until you get the right one. But reading each case will take me 5 minutes or so. What if 5 cases are listed? And you still have 9 more cases to find? It would already be past 12 midnight in my case before I can go to bed. Now what if two other professors the next day are not like Prof. Galeon? I lost a few pounds in my last incarnation.

I can understand if Ruben Balane uses only SCRA numbers in his book Jottings and Jurisprudence in Civil Law (Succession). Or Ernesto L. Pineda in his book Judicial Ethics. Or the other authors in my bookshelf such as Justice Cruz. Their books are published by Central Books which also publishes the SCRA.

In his 3 massive volumes (see one here)  published by National Bookstore, Florenz D. Regalado uses only the GR numbers most probably because his publisher is a competitor of Central Books. Bless be Prof. Regalado for making my life easier.

What frustrates me is when the books I buy from Rex Publishing also reliesy heavily on SCRA.  Here's this book by Villanueva:

It will be my textbook in Corporation Law this 2nd sem. It uses SCRA all throughout except in 4 cases. I had the same complaint about his book Law on Sales which I used last year.

De Leon and Riano, other Rex authors, also prefer SCRA to GRs.

Saturday typos, 1 November 2014

With the new semester, I'll be putting aside the book Essentials of Transportation and Public Utilities Law by Aquino and Hernando to give way to other books. We got only as far as page 554 which is the end of the chapter 16 on COGSA. Most probably I'll have to finish the book comes review time.

So here are the final typos so far:

Page 240 -

Page 253 -

Page 308 -

Page 422 -

Page 446 -

Page 500 -

Page 522 -

Page 548 -