Sunday, July 27, 2014

Paras on ambulatoriness of wills

Paras vacillates as to the meaning of ambulatory as an essence of a will.

On page 44 of the Civil Code of the Philippines, Annotated, 2013 Edition we find this:

Here he seems to say that the will is ambulatory because it produces effects only after the death of the testator.

But on page 189 Paras quotes the holding of the Supreme Court on a case:


Saturday, July 26, 2014

Saturday typo, 26 July 2014

From the Insurance Code of the Philippines, Annotated, 2010 Edition by De Leon and De Leon Jr.:

Page 100 -

Page 105 -

Page 419 -

Sunday, July 20, 2014

Postdated and antedated wills

From the Civil Code of the Philippines, Annotated, Vol. III, 2013 Edition by Paras:

Page 57; I call this post-dated will -



Page 150; this one is an antedated will -

Now, just where did Paras get the year 1997?

Saturday, July 19, 2014

Saturday typo, 19 July 2014

From The Civil Code of the Philippines, Annotated, Vol. III, 2013 Edition by Paras:

Page 159 - state tax

Page 363 - collection of the donations

 Page 449 - good all cloth

Sunday, July 13, 2014

Margin of insolvency

From the Insurance Code of the Philippines:

Is there any reason why in the title it is insolvency?

Saturday, July 12, 2014

Saturday typos, 12 July 2014

From Essentials of Transportation and Public Utilities Law, 2011 Edition by Aquino and Hernando:

Page 247 -
 Page 359 -
 Page 360 -
 Page 389 -

Sunday, July 6, 2014

Reservista or reservatario?

Reserva troncal is a convoluted subject. This much is admitted by Prof. Ruben Balane in the opening paragraph of his essay Reserva Troncal: Prospect and Retrospect:


The essay is available for download here.

It is no wonder that Paras mixes up the reservista and the reservatario. On page  330 of the book Civil Code of the Philippines, Annotated, Vol III, 2013 Edition we have this paragraph:


The quoted jurisprudence confirms that Paras interchanged the terms:
This decree having become final, all persons (appellees included) are bared (sic) thereby from contesting the existence of the constituent elements of the reserva. The only requisites for the passing of the title from the reservista to the appellee are: (1) the death of the reservista; and (2) the fact that the reservatario has survived the reservista. Both facts are admitted, and their existence is nowhere questioned.
One additional point: we can do away with requisite number 1. It is a surplusage (a favorite word of a law book author whom I could not remember at the moment).

Saturday, July 5, 2014

Saturday typos, 5 July 2014

From Paras' Civil Code of the Philippines, Annotated, Vol. III, 2013 Edition available at Rex Bookstore:

Page 279 -

Page 305 -
 How many spouses can one have for succession?

Page 332 -
The reservor has his own torrens system?