Tomorrow begins our finals. And there are the mock bar exams. So no posting.
But there will always be time for videos of old movies. As Dr.-Lawyer Pat Belciña, our prof in Political Law, is wont to say: "A happy mind is a learning mind."
My former professor in legal research, and statutory construction, Atty. Jenny Aclan, who was a 4th placer in the bar, would advise us to get a life and enjoy a movie.
So be it.
Sunday, October 11, 2015
Saturday, October 10, 2015
Saturday typos, 10 October 2015
I'm going back through Paras' Civil Code of the Philippines Annotated, Vol. II, 2008 Ed. for our civil law review in Property.
Here's a few gleanings for this weekend.
On page 208,
That's supposed to be a Latin word. See the Law Dictionary for the correct spelling, and the meaning.
On page 220,
This time it is Spanish, I am sure. The correct spelling of the word, and the meaning of the phrase is here.
In an older post I observed how Paras and De Leon were half-right (or half-wrong) in their quotation of another Latin phrase.
Here's a few gleanings for this weekend.
On page 208,
That's supposed to be a Latin word. See the Law Dictionary for the correct spelling, and the meaning.
On page 220,
This time it is Spanish, I am sure. The correct spelling of the word, and the meaning of the phrase is here.
In an older post I observed how Paras and De Leon were half-right (or half-wrong) in their quotation of another Latin phrase.
Sunday, October 4, 2015
Family obligation beckons
I am supposed to be at the special class on Succession by Atty. Atup today at 2PM. But my son called me from Ayala that he needs "extraction." You can read about the special case of my son here. Family obligation trumps all.
Anyway, I feel I have enough stock knowledge from Prof. Almase. Just a little brush up from Atty. Atup, and I'll be fine.
Anyway, I feel I have enough stock knowledge from Prof. Almase. Just a little brush up from Atty. Atup, and I'll be fine.
Saturday, October 3, 2015
Saturday typos, 3 October 2015
From the Bedan Red Book 2015:
Page 225,
Page 327,
Page 225,
Page 327,
Check out the source book if you are not sure.
Page 435,
Sunday, September 27, 2015
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.
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.
Sunday, September 20, 2015
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, September 19, 2015
Saturday typos, 19 Sept 2015
From the 2014 Memory Aid in Remedial Law:
Page 47 -
Page 48-
Page 49-
Page 52-
Page 47 -
Page 48-
Page 49-
Page 52-
Saturday, September 12, 2015
Sunday, September 6, 2015
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, September 5, 2015
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