Sunday, December 28, 2014

Saludo vs Garcia Fule

Rule 73 of the Rules of Court says that the residence of the decedent at his death determines the venue of the proceeding.

Festin in his book Special Proceedings, A Foresight to the Bar Exam, 2011 Edition has this on page 11:


So far, so good. But in his effort to find a new SC decision he quoted the case of Saludo v AMEX on page 15:



Saludo's case is about his complaint for damages against AMEX due to wrongful dishonor of his credit card. But Festin presented it as if Saludo  gives us another way of looking at residence in relation to Section 1, Rule 73. Thus on page 16 he quotes:


In fact, the quotation, as used in Saludo is a direct quotation from Garcia Fule, which means Saludo does not give us any new insights about Section 1 of Rule 73.

Saturday, December 27, 2014

Saturday typo, 27 Dec 2014

Failed to post since Dec 14 on account of the prelims, and the xmas reunions the following weekend.
Instead of Villanueva, as written in my last post, I'll take up Festin this weekend.

For our Special Proceeding class, Prof. Joselito Alo recommended Special Proceedings,  A foresight to the bar exam by Gemy Lito L. Festin. The latest edition available at the local Rex branch is 2011.

From the Preface, page v (yes, I read prefaces, too):


Page 15 -

 Page 22 -


Page 25 -

Saturday, December 13, 2014

Study time today

It's prelim week. Got to bone up on Corporation Law for this evening's exam. Video watching has been taking its toll on my study life. :-(

But I have something to post tomorrow from Villanueva's text on corporation.

Sunday, December 7, 2014

Where's Hagupit and the d's?

I reported to the office yesterday to join the officer-in-charge and our security chief for the 9AM videoconference with head office. HO wanted a report from the branches on the state of readiness of each branch for the coming of typhoon Hagupit (Ruby in the Philippines).

We only had audio connection although at the test the previous day everything was all right. We listened to the audio instructions,

I was not at the 1PM videocon. But Ruel Ancot, our staff who was trained to set up and operate our Polycom conferencing system, texted me to say that video was still not available. The IT department in Manila said it was due to bandwidth congestion as all branches in the country tried to connect at the same time.

On my way home after the 9AM videocon, I went by the local Rex branch to buy a textbook for my Tax 2 class. I was thinking about getting the De Leon annotated text on the NIRC. But there was no new edition. So I picked up the Tax 2 Revealed,  Vol. II, 2014 Edition by Josephrally L. Chavez, Jr.

I started reading the VAT chapter because that's where we are in the Tax 2 class handled by Prof. Neri Yu.

My classmates in the Legal Writing class under Prof. Escobar would immediately notice a few missing things in the following pages:

Page 83 -

Page 84 -

Page 87 -


BTW, Hagupit did not pass Cebu City at all. But we had no classes since Thursday; which gave me an excuse to binge on video movies.

Saturday, December 6, 2014

No Saturday typo due to Hagupit

Our office is preparing for typhoon Hagupit. Although Cebu is not on the direct path of Hagupit, our office is a regional branch and coordinates the preparation for all Visayan branches. So no posting today.