Unelemental element

Failed to post yesterday because, I must confess, I have been watching videos as recommended here. But I may have something today.

Funny how a re-reading of a topic can bring up "newly discovered evidence". For instance, I was going through the topic on light threats cross-referencing between Reyes, Regalado, and the 2014 Memory Aid in Criminal Law by San Beda when this got my attention:

That's from the memory aid. It is part of a list of elements for a crime. But it is kind of illogical because the two concepts cancel each other out.

So I checked with Reyes. And found out that the memory aid sourced it from page 621 of The Revised Penal Code, Book Two, 2008 Ed.:

Reyes, among authors, is most fond of breaking down a crime into a list of elements. Other authors shy away from the practice lest, I surmise, they may sound like aping Reyes.

In this instance I dare say that there are only three elements. The rest is surplusage.

Busy, busy, busy again

It's semi-finals, so no posting. But I must confess I went to bed at 1:30 AM because I watched A Few Good Men; that's why. Hehehe.

Saturday typos, 19 Sept 2015

From the 2014 Memory Aid in Remedial Law:

Page 47 -

Page 48-

Page 49-

Page 52-

Saturday typos, 12 Sep 2015

From the Bedan Red Book 2015, Vol 1: 

Page 229 -

Page 235 -

Page 399 -

Reinventing reivindicatoria

I first met "reivindicatoria" or more specifically "accion reivindicatoria" in Paras' Civil Code of the Philippines Annotated, Vol. II, 2008 Edition on page 124:

The UP 2012 Remedial Law Reviewer uses the same word and phrase on one page  :

But on the same page a different word twice appeared:

Did UP invent the word? It seems not because the UST 2011 Golden Notes for Civil Procedure uses reinvindicatoria and only that word in conjunction with "accion":

The Bedan Red Book 2015 for Remedial Law  follows suit on page 652:

So I "appealed" to SC jurisprudence and this is when things took an interesting turn.

A Google search shows that the SC uses reinvindicatoria  in 39 decisions, predating those reviewers, which can be seen here. But another Google search lists 53 decisions using reivindicatoria. Click here for a listing.

And five decisions  use both words as listed here.

Which is which then?

Paras got it right. Here's an article from Wikipedia explaining the phrase. Well, OK, that's Spanish. But our Civil Code came from the Codigo Civil, right?

Saturday typos, 5 Sep 2015

From the Bedan Red Book 2015, Vol. 2:

Page 333 -

Page 389 -

Page 390 -