The Law Proofessor

Saturday, April 29, 2017

Saturday typos, 29 April 2017

From a commercial law reviewer, 2016 edition, page 374:

Sunday, April 23, 2017

Not now on docket fees

On page 168 of a remedial law reviewer, vol. 1, 2016 edition:

Section 7, Rule 141 of the Revised Rules of Court actually requires docket fees even for compulsory counterclaims. It seems this was not so before A.M. No. 04-2-04-SC.

I searched high and low for a copy of the A.M. but could only find references to it.

In Korea Technologies Co., vs. Hon. Lerma, G.R. No. 143581, Jan. 7, 2008, the SC made a definitive ruling:

On July 17, 1998, at the time PGSMC filed its Answer incorporating its counterclaims against KOGIES, it was not liable to pay filing fees for said counterclaims being compulsory in nature. We stress, however, that effective August 16, 2004 under Sec. 7, Rule 141, as amended by A.M. No. 04-2-04-SC, docket fees are now required to be paid in compulsory counterclaim or cross-claims.

The "not" could just be a typo and could readily be changed to "now" and everything would be all right. But the quoted jurisprudence would pose a problem.

Update 30 May 2017: After listening to Prof. Tranquil Salvador discussing the jurisdictional importance of docket fees it seems the reviewer is correct after all. OCA Circular No. 96-2009 dated August 13, 2009 says that in a revised issuance of Korea Technologies the second sentence in the above-quoted paragraph (which I emphasized in blue letters in this update) has been deleted.

Saturday, April 22, 2017

Saturday typos, 22 April 2017

From a remedial law reviewer, Vol. 1, 2016 edition:

Page 74,

Page 108,

Page 116,

Sunday, April 2, 2017

Sunday conundrum, 2 April 2017

From page 49 of a Political Law Reviewer, 2015 Edition:

Saturday, April 1, 2017

Saturday typos, 1 April 2017

From a Political Law Reviewer, 2015 Edition:

Page 45,

Page 51,

Sunday, March 26, 2017

Idle and nugatory construction

I am re-reading Agpalo's Statutory Construction. So I immediately felt that something was amiss in this passage on page 14 of a political law reviewer, 2015 edition:

I know I've met this phrase somewhere in Agpalo's text. And indeed there it was on page 626 of the 2009 Edition of the book:

Since the author quoted from Cooley's treatise, what better way than to check with it. This is the cover page of his ancient work:

Note the long title which reminds me of the complete title of Darwin's seminal book on evolution.

On page 92 Cooley wrote:

It seems the author missed a few words. Cooley's treatise is available here for download.

And yes, Darwin's book is also available for download here.