Thursday

Sales - Midterms

I.

Harold and Kumar are friends. Harold has always been interested in getting a game console similar to Kumar's limited edition game console. On Harold's 22nd birthday, Kumar proposed that Harold buy his game console at a very low price of P800. According to Kumar, the difference of the price shall be his birthday gift to Harold. So, as suggested, Harold bought Kumar's game console for P800. Later, Kumar's younger brother Suresh, protested and claimed that the sale was void because the price was grossly inadequate compared to the game console's actual price of P18,000. Is the sale valid? Support your answer. (10 pts.)

II.

Bruce Wayne bought the penthouse in the latest condominium project constructed by Ayala Land in Makati City. For the price of P50 million, Bruce Wayne only gave P10 million. Then, Ayala Land issued an instrument denominated as "Deed of Conditional Sale." Bruce Wayne immediately occupied the unit and used it as one of his hideaways. Later, when Ayala Land demanded for the balance of the price, and Bruce Wayne refused to pay, Ayala Land filed a case for a sum of money against Bruce Wayne. 

a. Under the facts, is the sale absolute or conditional? (5 pts.)

b. Distinguish between a conditional contract of sale and a contract to sell? (5 pts.)

III.

The Deed of Sale dated June 10, 2008 between Harry Potter (vendor) and Hermione Granger (vendee) states that:

For and in consideration of the amount of PhP 200,000.00 paid in hand by the VENDEE to the VENDOR, the VENDOR does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, her successors and assigns, a motor vehicle described as:

2003 Chevrolet Optra sedan, with Motor Number 1000456, Chassis Number 763890 and License Plate Number WQY-543

which the VENDOR is to acquire from his brother on June 20, 2008 and which shall be delivered by the VENDOR to the VENDEE only on June 30, 2008.

a. Is the sale valid? Explain. (5 pts.)

b. Distinguish between sale of thing expected and a sale of hope. (5 pts.)

IV.

Tony Spark was approached by the spouses Jack and Rose, Canadian nationals, to invest in "futures." Tony Spark was convinced. As investor, Tony Spark would supposedly be buying and selling commodities in foreign commodities markets. These commodities include rice, corn and petrol. At a certain call time, Tony Spark will decide how much he is willing to bid and if the price turns out to be higher, Tony Spark loses his money. But if the price turns out to be lower, then the compamy of Spouses Jack and Rose will pay Tony Spark the difference. Later, the investment failed and Tony Spark wanted to recoup his money. The Spouses Jack and Rose opposed the claim and said that there was a valid contract of sale of future goods, under Article 1462 of the Civil Code. How similar or different is the sale of "futures" to a sale of future goods under Art. 1462 of the Civil Code? (10 pts.)

V.

Upon learning that Jimmy Olsen was selling his high-tech camera, Clark Kent told Jimmy Olsen not to sell the camera to anyone until Saturday noon-time. Then, Clark Kent gave Jimmy Olsen P500. On Saturday, at noon-time, Clark Kent went to Jimmy Olsen and told the latter that he changed his mind and will no longer buy the camera. Clark Kent asked for the P500 back. But, Jimmy Olsen refused to return the money. Is the refusal valid? Why? (10 pts.)

VI.

Carrie Bradshaw is a fan of Jimmy Chu and Manolo Blanik shoes. One weekend, while looking at an online catalog, she decided to buy five (5) pairs from each brand. She transacted with the website, paid through her credit card an was issued an electronic invoice. The shoes were scheduled to be delivered the next day. On the next day, however, the package was lost and never arrived. When Carrie Bradshaw complained to the 24-hour customer service hotline, she was told that the risk of loss was on her, that when she was issued the electronic invoice, she was already the owner of the shoes.

a. Was there a perfected contract of sale? (5 pts.)

b. Is the customer service correct in saying that Carrie Bradshaw bears the risk of loss? (5 pts.)

VII.

Bruce Banner purchased on installment a motorcycle from Hulk Trading. Hulk Trading required Bruce to execute a chattel mortgage over the motorcycle in favor of Hulk Trading. The payment term was ten months at P7,500 per month. When Bruce failed to pay the sixth monthly installment, Hulk Trading sued him for the rescission of the contract. After six months of court proceedings, Hulk Trading won and the motorcycle was taken from Bruce Banner. Bruce Banner requested that his payments be returned to him but Hulk Trading refused the request.

a. May the installment payments be forfeited? Explain your answer. (5 pts.)

b. In case the complaint for rescission was accompanied by a preliminary attachment on Bruce Banner's cash deposits in the amount of P37,500, and the said cash deposits were garnished, will this be a violation of the law which provides that a seller cannot avail of two or more remedies at the same time? Explain. (5 pts.)

VIII.

Diana Prince bought under a Contract to Sell dated July 4, 2006 a subdivision lot in Filinvest Homes in Antipolo City. The price stipulated was P3 million with downpayment of P800,000 and the balance of P2,200,000  to be paid in 36 equal monthly amortizations of P61,112. Diana Prince, however was only able to pay 18 monthly amortizations. Thus, Filinvest Land, the owner of Filinvest Homes, sent Diana Prince a letter cancelling the contract to sell. Diana Prince then approached you for advice. What are her rights as a buyer and how can she protect her rights? (10 pts.)

Tuesday

Administrative Law, Election Law and Law on Public Corporations - Midterms

This is the Midterm Examination for this semester under Atty. BMGJr. for Administrative Law. it is comparatively easy, especially if someone studied very judiciously, which obviously, I did not. But I am quite sure that I passed the exam. God willing!

I.


(a) Which branch of the government do administrative agencies pertain or belong to? Explain.
(b) Discuss why there is no violation of the principle of separation of powers even though administrative bodies exercise powers of rule making and adjudication.


II.


La Virgen Milagrosa Inc. (LVMI) is in the business of exporting locally sourced virgin coconut oil to the United States and Canada. The coconut oil is packaged in cheap plastic bottle containers imported from China. The Tariff and Customs Code provides that exporters using foreign materials for their products must export the same within a period of one year; otherwise they will be subjected to a special import tax. Due to a succession of typhoons culminating with Typhoon Frank, LVMI’s operations were drastically affected such that it failed to transport its bottled coconut oil to its various’ clients within a year after it imported 100,000 plastic bottles from its Chinese supplier. As a result, the Customs Commissioner imposed a special import tax on LVMI, which the latter paid under protest with an accompanying petition for the Customs Commissioner to grant LVMI a grace period of six months on the ground of force majeure. However, the Customs Commissioner denied the request contending that under the Tariff and Custonis Code, he did not have the power to extend the one-year period for re-exporting foreign materials.

Do you agree with the contention of the Customs Commissioner? Why or why not?


III.


Differentiate a government instrumentality from a government-owned or controlled corporation.


IV.


The Northern Luzon State University (NLSU) received government funding for the construction of a hybrid rice-breeding laboratory building. Instead of holding a public bidding for the project NLSU entered into a negotiated contract with E.E. Santos Construction Co. A group of concerned students and faculty members, calling themselves TSUNAMI (Tortured Studentry United Against Mismanagement), filed a complaint with the RTC against the Board of Regents of NLSU, seeking for the rescission of the negotiated contract and for subjecting the project to a transparent public bidding. The RTC issued a temporary restraining order; however, the NLSU management filed a motion to lift the TRO arguing that under PD 1818, courts are prohibited from issuing temporary restraining orders and/or preliminary injunctions against projects undertaken by government agencies, including chartered institutions.

If you were the judge in, the case, how would you rule?


V.


(a) What arethe requisites of a valid administrative regulation?
(b) Distinguish legislative and interpretative regulations.


VI.


The National Information Technology Board (NITB) was created to regulate the activities of private institutions engaged in providing short-term technical courses on computer programming and other IT subjects. The Board issued a regulation fixing a standard maximum enrollment fee or rate, based on a per-hour computation, that these entities are permitted to collect from their students and/or trainees. An organization of operators of computer schools/internet cafes challenged the said regulation on the ground that the same was issued without the benefit of prior notice and hearing.

Comment on the legality of the regulation issued by the NITB.


VII.


Discuss the essence of administrative due process and state its cardinal rules.


VIII.


The National Telecommunications Commission (NTC) promulgated a circular prescribing that in disputes brought for determination before it, only one preliminary hearing shall be conducted, after which the parties shall be required to submit position papers, affidavits, and other documentary exhibits to substantiate their respective claims or arguments. Smartly Global Corporation questioned the legality of said circular on the following grounds: (a) the NTC is not expressly granted by law to prescribe its own rules of procedure; and (b) the parties are denied due process because they are deprived of the opportunity to confront adverse witnesses and to cross-examine them as provided strictly under the Rules of Court.

Resolve the case.


IX.


Explain the doctrine of exhaustion of administrative remedies and give the exceptions to the rule.


X.


The provincial government of Palawan entered into a memorandum of agreement, which is a contract for the operation of a natural gas plant in Coron, Palawan, with the Industrial Gas Corporation (IGC). However, due to irreconcilable differences, the IGC instituted an action for rescission of said memorandum of agreement before the RTC of Palawan. The RTC dismissed the suit contending that under Republic Act 2334, it is explicitly prqvided that it is the Bureau of Energy Development that has the jurisdiction “to decide all controversies relative to the exploration, exploitation and development of natural gas in the Philippines”.

Is the contention of the RTC correct?


Friday

Top 10 Dogs

I am already preparing to go to sleep as I have just finished researching cases for my report tomorrow at Criminal Procedure, when the lil' puppy of our neighbor started to incessantly bark and wail and yelp. I have gotten quite used to those kinds of noises as we have an array of large dogs ourselves.

Currently, we have 4 dogs at home; a very large Rottweiler named Brando II, a Doberman Pinscher named Bruce, 2 Aspins (Asong-Pinoy, it is a more humane and politically correct term than Asong-Kalye or Askals) named Blackie (he is almost 16 years old) and Tootsie, the orphan dog who followed me from the street. We also used to own an entire pack of Boxers (Brando I, Aiza, Butch, and Bruice), who are now in the possession of relatives. Plus, there are a lot of past dogs, now resting in God's peace, who I can still name and pinpoint with accuracy, their hallowed burial grounds (try me)...hehe!

So in generally speaking, you can say that our family loves dogs. I myself is an avid fan of this canine creatures. I have grown some fondness for this pets, and I consider them a part of me as a person. I cannot imagine myself living a life without pets, especially dogs. So they say, that dogs are man's best friend.

Well, going in to the bread and butter of this entry, I am about to list the Top 10 dogs in my view. I have a personal criteria for choosing my list, which may or may not be the same as professional canine breeders. Size, intelligence, maintenance, guard skills and obedience (attitude) are foremost characteristics, which in my opinion, a dog should possess. As such, here are my Top 10 dogs, in ascending order.

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No. 10 - Scottish Terrier

Scotties, like most terriers, are alert, quick and feisty — perhaps even more so than other terrier breeds. The breed is known to be independent and self-assured, playful, intelligent and has been nicknamed the 'Diehard' because of its rugged nature and endless determination. 

Its size is suitable for small areas, such as condos or city homes, as they do not grow more than 15 inches in height. They also weigh suitably. It is one intelligent breed of dog, known to follow the commands of its owner, although it is a bit temperamental, and at times, particularly stubborn. Because the breed is inclined to be stubborn, it needs firm, gentle handling from an early age or it will dominate the household. They are sometimes seen as an aloof breed, although it is actually very loyal to its family and they are known to attach themselves to one or two people in their pack. The Scottish terrier makes a good watchdog due to its tendency to bark only when necessary and because it is typically reserved with strangers. 

The only reservation I have with this breed of dog is that it requires constant grooming, as it has a hard, wiry, long, weather-resistant outer coat and a soft dense under coat. The coat is typically trimmed and blended, with a longer coat on the beard, eyebrows, legs and lower body — traditionally shaggy-to-the-ground, if you want to maintain the terrier look. Further, in a tropical climate, it may cause frquent shedding, which is obviously a negative with regard to asthmatic kids.

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No. 9 - Dobermann Pinscher

Doberman Pinschers are, in general, gentle, loyal, loving, and intelligent dogs. Although there is variation in temperament, a typical pet Doberman attacks only if it has been mistreated or believes that it, its property, or its family are in danger. According to the US Centers for Disease Control, the Doberman Pinscher is less frequently involved in attacks on humans resulting in fatalities than several other dog breeds such as pit bull-type dogs, German Shepherd Dogs, Rottweilers and Alaskan Malamutes. Those familiar with the breed consider well-bred and properly socialized Doberman Pinschers to be excellent pets and companions, suitable for families with other dog breeds, excellent with young children, and even cats. The modern Doberman Pinscher is well known as a loyal and devoted family member. The stigma associated with the breed, however, prevents many renters from being able to have the particular breed in their home or apartment.

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No. 8 - Golden Retriever

The Golden Retriever is a breed of dog, historically developed as a gundog to retrieve shot waterfowl and upland game during hunting. As such they were bred to have a soft mouth to retrieve game undamaged and an instinctive love of water. Their intelligence and versatility sees them employed in a variety of roles including illegal drug detection, search and rescue, as hunting dogs and as guide dogs. Its friendly, eager-to-please nature and patient demeanor has also made it one of the most popular family dogs in the world today.

Golden Retrievers are compatible with children and adults and are good with other dogs, cats and most livestock. Golden Retrievers are particularly valued for their high level of sociability towards people, calmness, and willingness to learn. Because of this, they are commonly used as guide dogs, mobility assistance dogs, and search and rescue dogs. They are friendly and tend to learn tricks easily. 

Despite being an ace over the other criteria, the temperament of the Golden Retriever is a hallmark of the breed and is described in the standard as "kindly, friendly and confident". They are not "one man dogs" and are generally equally amiable with both strangers and those familiar to them. Their trusting, gentle disposition therefore makes them a poor guard dog.

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No. 7 - Great Dane

The Great Dane, Danish Hound, or German Mastiff, is a breed of domestic dog  known for its giant size and gentle personality. The breed is commonly referred to as the "Gentle giant" and the "Apollo of all breeds". Great Danes are considered one of the tallest dog breeds.

The Great Dane's large and imposing appearance belies its friendly nature; the breed is often referred to as a gentle giant. Great Danes are generally well-disposed toward other dogs, other non-canine pets, wild animals, and humans (including strangers and children). Some Great Danes--as with dogs of any breed--may have dominance issues, may be aggressive with other dogs of the same sex, or chase small animals; however, this is quite rare.

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No. 6 - Rottweiler

In the hands of a responsible owner, a well trained and socialized Rottweiler can be a reliable, alert dog and a loving companion. Rottweilers are very affectionate, good natured and family oriented. However, any poorly trained dog can become a danger in the wrong circumstances, especially a strong dog. Rottweilers that are well trained and cared for can be as well behaved as any other dog and in general they are very fond of children, very devoted, quick to learn, and eager to please. However, if they are not receiving the mental stimulation they need, they will find creative and sometimes destructive ways to elicit it. Such behavioral problems as chewing and barking for attention can be a result of lack of human interaction. The Rottweiler is a working dog that is also good for protection of children, as well as guard duties. Rottweilers are truly happy with a “job”.

The Rottweiler is a steady dog with a self-assured nature, but early socialization and exposure to as many new people, animals, and situations as possible is very important in developing these qualities. The Rottweiler also has a natural tendency to assert dominance if not properly trained. Rottweilers' large size and strength make this an important point to consider: an untrained, poorly trained, or abused Rottweiler can learn to be extremely aggressive and destructive and, if allowed to run at large, can pose a significant physical threat to humans or other animals. They can be strong-willed and should be trained in a firm and consistent manner. The owner must be perceived by the dog as the leader. If the owner fails to achieve this status the Rottweiler will readily take on the role. Aggression in Rottweilers is associated with poor breeding, poor handling, lack of socialization, natural guarding tendencies, and especially abuse.

The Rottweiler is not usually a barker. Male dogs are silent watchers that notice everything before they attack. When the male attacks, he tends to go very still, there's no warning growl or movement and are often quite stoic. Females may become problem barkers in order to protect their den. An attentive owner is usually able to recognize when a Rottweiler perceives a threat. Barking is usually a sign of annoyance with external factors (car alarms or other disturbances) rather than a response to actual threats.

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No. 5 - Boston Terrier

Boston Terriers are mainly energetic, friendly, and rambunctious dogs. They have very strong, lovable, unforgettable personalities. They need owners that can keep up with the alert, loud temperament of this dog. Bostons can range in temperaments from those that are eager to please their master to those that are more stubborn. Both can be easily trained given a patient and assertive owner.

While originally bred for fighting, they were later down bred for companionship. The modern Boston Terrier can be gentle, alert, expressive, and well-mannered. Many still retain the spunky attitude of the typical terrier. Be aware of much dominance, especially toward other dogs and domesticated animals. Some Bostons enjoy having another one for companionship. Both females and males generally bark only when necessary. Having been bred as a companion dog, they enjoy being around people, and, if properly socialized, get along well with children, the elderly, other canines, and non-canine pets. Some Boston Terriers are very cuddly, while others are more independent.

Bostons are generally within the set criteria. But a very stringent necessity for frequent health visits prove to be the lesser of its erstwhile good characteristics. Being a small breed, it has health complications associated with dog breeds of similar size. Plus, its temperament may prove to be a problem for Bostons who were not properly oriented.

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No. 4 - Boxer

Boxers are a bright, energetic and playful breed and tend to be very good with children. They are active dogs and require adequate exercise to prevent boredom-associated behaviors such as chewing or digging. Boxers have earned a slight reputation of being "headstrong", which can be related to inappropriate obedience training. Sometimes, its too much playful demeanor can be a pain in the neck for some owners. Owing to their intelligence and working breed characteristics, training based on corrections often has limited usefulness. Boxers often respond much better to positive reinforcement techniques such as clicker training, which affords the dog an opportunity to think independently and to problem-solve.

The Boxer by nature is not an aggressive or vicious breed, but it does need socialization. Boxers are generally patient with smaller dogs and puppies, but issues with larger adult dogs, especially those of the same sex, may occur. Boxers are generally more comfortable with companionship, in either human or canine form.

Boxers are friendly, lively companions that are popular as family dogs.Their suspicion of strangers, alertness, agility, and strength make them formidable guard dogs. They sometimes appear at dog agility or obedience trials and flyball events. These strong and intelligent animals have also been used as service dogs, guide dogs for the blind, therapy dogs, police dogs in K9 units, and occasionally herding cattle or sheep. 

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No. 3 - German Shepherd

Shepherds are skilled working dogs due to their intelligence, strength and obedience, and are commonly used as Police dogs and military attack dogs. Despite their potential ferocity, due to their loyal and protective nature the breed make good housepets and guard dogs.

German Shepherds are a large-breed dog which are generally between 23 and 25 inches (60 to 65 cm) at the withers and weigh between 65 and 88 lb (30 to 40 kg). They have a domed forehead, a long square-cut muzzle and a black nose. The jaws are strong, with a scissor-like bite. The eyes are medium-sized and brown with a lively, intelligent and self-assured look. The ears are large and stand erect, open at the front and parallel, they are often pulled back during movement. They have a long neck, which is raised when excited and lowered when moving at a fast pace. The tail is bushy and reaches to the hock.

Shepherds were specifically bred for their intelligence, a trait they are now renowned for. They are considered to be the third most intelligent breed of dog, behind Border Collies and Poodles. German Shepherds are highly active dogs, fearless but not hostile and are often described in breed standards as self-assured and never shy. The breed is marked by a willingness to learn and an eagerness to have a purpose. Shepherds can become over-protective of their family and territory, especially if not socialised correctly. Due to their loyal nature Shepherds bond well with children they know. While typically approachable, Shepherds do not become immediate friends with strangers. German Shepherds are highly obedient and not easily distracted, but due to their self-strong will must be trained by a "firm hand."

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No. 2 - Maltese

For all their diminutive size, Maltese seem to be without fear. In fact, many Maltese seem relatively indifferent to creatures/objects larger than themselves, which makes them very easy to socialize with other dogs, and even cats. They are always happy, cheerful, smart and do not like to get into trouble. They tend to get very lonely if the master is not with them and taken care of and it doesn't like being left out. This is because they were bred to be companion dogs and thrive on love and attention. They are extremely lively and playful, and even as a Maltese ages, his/her energy level and playful demeanor remain fairly constant and does not diminish much.

Maltese are very good with children and infants. Maltese can sometimes be snappy and mean. Maltese do not require much physical exercise, although they should be walked daily to reduce problem behavior. They enjoy running and are more inclined to play games of chase, rather than play with toys. Maltese can be snappy with littler children and should always be supervised when playing. Socializing at a young age will reduce this habit. They can be very demanding and, true to their nature as "lap dogs", love to cuddle and often seek this sort of attention. The Maltese is very active in the house, and, preferring enclosed spaces, does very well with small yards. For this reason the breed also does well with apartments and townhouses, and is a prized pet of urban dwellers. They are incredibly friendly dogs to people they know. With strangers they will make a high pitched bark but will quiet down if the person means no harm.

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No. 1 - Pug

It is a toy dog breed with a wrinkly face and medium-small body. The breed is often summarized as multum in parvo ("much in little"), describing the Pug's remarkable personality despite its small size. 

The stern expression of the Pug belies its true sense of fun. Pugs are sociable dogs, and usually stubborn about certain things, but they are playful, charming, clever and are known to succeed in dog obedience skills. Pugs are sensitive to the tone of a human voice, so harsh punishment is generally unnecessary. While Pugs usually get along well with other dogs and pets, they generally prefer the company of humans and require a great deal of human attention; they may become slightly anxious or agitated if their owner ignores them or does not play with them; however some may happily occupy themselves when the owner is away. In general, they are very attentive dogs, always at their owner's feet, in their lap, or following them from room to room.

Wednesday

Tau Kappan through the years

Far Eastern University, Institute of Law, Exclusive Fraternal Order. Since 1948, Philippines.


ORGANIZATIONAL PROFILE

From the time of its inception in the Far Eastern University in 1948, as a fraternity designed to promote the interests of the Common Tao, the TAU KAPPA PHI has been constantly guided by its tradition. Traditions that were laid down by its eighteen founding members whose obsession were to withstand the existence and recognition of those belonging to the elite class.

Today, this remarkable event never put to rest nor in vain, though perhaps somehow been suppressed in the early seventies, when most organizations have been prevented by the dictatorship. Resident brothers and alumni as well, emulated by their undying idealism for the fraternity, have been constantly building up the fraternal bond. The Alumni members in pursuit of their recognition as a conglomeration of the Tau Kappans, even outside the portals of the academe, tried to find ways for the same. Armed with agitation and inspired by total devotion to the fraternal ideologies, the Alumni brothers initiated the creation of the Tau Kappa Phi Foundation (FEU-Law), where the interests of the Tau Kappan Alumni may well be consolidated and coordinated. With the vision that the forestalling of wings through the requisite juridical personality would be for the benefit of the body at large, Tau Kappa Phi Foundation (FEU-LAW), Inc. was formally incorporated in accordance with law in the year 2000.

Each school year, the fraternity conducts BAR Operations for its barrister brothers, review clinics for law students and various fund-raising projects to support its outreach programs and other benevolent missions for the less-fortunate members of our society. The TAU KAPPA PHI Fraternity has long been a campus force in the Far Eastern University Institute of Law.


WHAT WE HAVE ACCOMPLISHED SO FAR (this is not a complete list, additional information shall be included once secured):

Bar Topnotchers

1. 1950 ( 8th place – 88.55%) – GC Gregorio S. Turiano
2. 1955 (20th place – 91.25%) – Daniel T. Martinez
3. 1960 ( 6th place – 89.55%) – Artemio V. Panganiban, Jr.
4. 1970 ( 9th place – 84.50%) – Marcelo T. Oñate
5. 1975 (17th place – 84.35%) – Danton Q. Bueser
6. 1985 (17th place – 86.35%) – Danilo C. Cunanan
7. 1996 ( 5th place – 89.50%) – Amante A. Liberato

Judiciary

1. Justice
a. Supreme Court Chief Justice – Artemio Panganiban, Jr. (Ret.)
b. Court of Appeals Justice - Mama Busran (Ret.)
c. Sandiganbayan Associate Justice – Roland Jurado

2. Judge
a. Regional Trial Court
• Manila – GC Gregorio Turiano (Ret.)
• Manila – Jesus Ibay (Ret.)
• Makati City – Candido Villanueva (Ret.)
• Pasig City – Sergio Amonoy (Ret.)
• Urdaneta City – Aurelio Ralar, Jr.
• Pagadian City – Romeo Descallar
• Pasig City - Glenn Santos
• Bayombong, Nueva Vizcaya – Quirino Catral
• Malabang, Lanao del Sur - GC Lacsamana Busran
• Jolo, Sulu – Zain Angas

b. Metropolitan Trial Court (MetC)/ Municipal Trial Court (MTC)/ Municipal Trial Court in Cities (MTCC)/ Municipal Circuit Trial Court (MCTC)
• MetC Pasay City – Francisco Llamas (Ret.)
• MTCC Lucena City – Joselito Tamaray
• MTC Anda, Pangasinan – Fervyn Pinzon
• MTC Pandi, Bulacan – GC Aznar Lindayag (Ret.)
• MTC Naguilian, Isabela – Julio Bigornia, Jr. (Ret.)
• MTC Namipicuan, Nueva Ecija – Leo Cecilio Bautista
• MTC Catarman, Camarines Sur – Joseph Abante
• MTC Iba, Zambales – Conrado Alinea
• 1st MCTC San Andres-Calatrava, Romblon – Glenn Santos
• MCTC San Guillermo, Isabela – Rufo Ramos, Jr. (Ret.)

Legislative

1. National - Congressman
a. Cavite, 2nd District – Elpido Barzaga
b. Laguna, 3rd District – Danton Bueser (end term)
c. Tawi-tawi, Lone District – Alawadin Bandon, Jr. (end term)
d. Aurora, Lone District – GC Luis Etcubañez (end term)

Executive

1. Agencies
a. National Telecommunications Commission – Ruel Canobas
b. Commission on Elections – GC Venancio Yaneza

Local

1. Local Executives

a. Governor
• Aurora – GC Luis Etcubañez (end term)
• Laguna – Restituto Luna

b. Mayor
• Curva Medelleon, Cebu – Nelson Mondigo
• Cabuyao, Laguna – Mauro Alimagno

2. Sanggunian Members
a. Vice Governor
• Cagayan – Oscar Pagulayan (end term)

b. Board Member
• Zambales - Gerry Montefalcon (end term)

c. Vice Mayor
• Manila – Danilo Lacuna (end term)
• Sta. Praxedez, Cagayan – Carlo Cachapero
• San Miguel, Pangasinan – Boni Apilado +

d. Councilor
• Angeles City – Arvin Suller, Councilor
• Navotas City – GC Cesar Santos (end term)
• Gen. Trias, Cavite – Carmelito Nocon (end term)


Tuesday

Bumper Sticker Philosophy - T-shirts prints them too!

Just a lot of senseless jokes that makes a lot of sense out of things. The author called this Bumper Sticker Philosophy, I'd rather call them Kapihan Lines, as we usually talk about this during coffee trips.
 
  "Change is inevitable, except from a vending machine."
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  "I love cats... they taste just like chicken."
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  "Out of my mind. Back in five minutes."
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  "Cover me. I'm changing lanes."
  ----------------------------
  "As long as there are tests, there will be prayer in public schools."
  ----------------------------
  "Happiness is a belt-fed weapon."
  ----------------------------
  "Laugh alone and the world thinks you're an idiot."
  ----------------------------
  "Sometimes I wake up grumpy; Other times I let her sleep."
  ----------------------------
  "I want to die in my sleep like my grandfather....
  ..Not screaming and yelling like the passengers in his car...."
  ----------------------------
  "Montana... At least our cows are sane!"
  ----------------------------
  "The gene pool could use a little chlorine."
  ----------------------------
  "I didn't fight my way to the top of the food chain to be a vegetarian."
  ----------------------------
  "Your kid may be an honor student but you're still an idiot!"
  ----------------------------
  "It's as bad as you think, and they are out to get you."
  ----------------------------
  "When you do a good deed, get a receipt, in case heaven is like the IRS."
  ----------------------------
  "Smile, it's the second best thing you can do with your lips."
  ----------------------------
  "Friends don't let friends drive naked."
  ----------------------------
  "I took an IQ test and the results were negative."
  ----------------------------
  "Okay, who stopped the payment on my reality check?"
  ----------------------------
  "If we aren't supposed to eat animals, why are they made of meat?"
  ----------------------------
  "Time is the best teacher; Unfortunately it kills all its students!"
  ----------------------------
  "It's lonely at the top, but you eat better."
  ----------------------------
  "Warning: Dates in Calendar are closer than they appear."
  ----------------------------
  "Give me ambiguity or give me something else."
  ----------------------------
  "We are born naked, wet and hungry. Then things get worse."
  ----------------------------
  "He who laughs last thinks slowest."
  ----------------------------
  "Always remember you're unique, just like everyone else."
  ----------------------------
  "Lottery: A tax on people who are bad at math."
  ----------------------------
  "Very funny, Scotty. Now beam down my clothes."
  ----------------------------
  "Puritanism: The haunting fear that someone, somewhere may be happy."
  ----------------------------
  "Consciousness: that annoying time between naps."
  ----------------------------
  "I souport publik edekasion."
  ----------------------------
  "The sex was so good that even the neighbors had a cigarette."
  ----------------------------
  "We are Microsoft. Resistance Is Futile. You Will Be Assimilated."
  ----------------------------
  "Be nice to your kids. They'll choose your nursing home."
  ----------------------------
  "3 kinds of people: those who can count & those who can't."
  ----------------------------
  "Why is 'abbreviation' such a long word?"
  ----------------------------
  "Ever stop to think, and forget to start again?"
  ----------------------------
  "Diplomacy is the art of saying 'Nice doggie!'... till you can find a stick."
  ----------------------------
  "I like you, but I wouldn't want to see you working with subatomic
  particles."
  ----------------------------
  "I killed a 6-pack... just to watch it die. "
  ----------------------------
  "Sex on television can't hurt you unless you fall off."
  ----------------------------
  "I'm a corporate executive, I keep things from happening."
  ----------------------------
  "If Clinton is the answer, it must have been a stupid question."
  ----------------------------
  "Make it idiot proof and someone will make a better idiot."

(from Chris Sherwood )

Monday

Property - Midterms

This is a reconstituted questionaire of my exam today in Property, under former Associate Dean, ATTY. TLC.

I.

True or False. Write TRUE if the statement is true, otherwise write FALSE and cite the legal basis for such.

a. A possessor in bad faith has the right to reimbursement and right to retention with regard to the necessary expenses
b. Legal partition is effected if the co-owned cannot be separated thereof.
c. Quieting of title is an action quasi in rem.
d. Properties of the public domain may be subject to execution upon judicial order.
e. In case when two owners of two materials are mixed, the doctrine to be applied is “accessory follows the principal.”

II.

Multiple Choice. Write the letter of the best and correct answer.

a. Doctrine of self help, characteristics
b. Characteristics of avulsion
c. Doctrine of self help, characteristics
d. Characteristics of avulsion
e. 

III.

Sps. Reyes owns a piece of land in Makati City worth P1M, covered by TCT # 1234. Sps. Santos builds a P900K house at the said lot. When Sps. Reyes visited the lot, they found out and discovered the construction, but they did not brought up the matter, because it may cause disorder, until the construction was finished. 

Discuss the rights of Sps. Reyes (10%) and Sps. Santos (10%).

IV.

Suppose in Question III, while in possession of the land, Sps. Santos introduced improvements, what are their rights regarding 

a. Necessary expenses (5%); 
b. Useful expenses (5%); and 
c. Luxurious expenses (5%).


V.

Carmen is in a buy and sell business of jewelry. Donna is an agent of Carmen on commision basis. In need of money to pay off her casino debt, Donna secured a P50K loan from Aguirre Pawnshop, giving 5 rings as pledge thereof. Due to her failure to redeem the said rings before the maturity date, the pawnshop foreclosed it. 3 rings were thereafter sold in a public auction sale to Evelyn, while 2 rings remained with Aguirre Pawnshop. When Carmen learned of the sale, she sued to recover her rings from Aguirre Pawnshop and Evelyn. Both refused and interposed the defense as being possessors in good faith. 

a. Between Carmen and Aguirre Pawnshop, who has the better right? (5%)
b. How about between Carmen and Evelyn? (5%). Explain fully.


VI.

Benjie inherited from his father Bonifacio a 250 sq. m. lot, when the latter died on February 14, 1996. Benjie, then in Dubai, was only able to accept the inheritance on March 14, 2000. He thereafter came home, built a house and lived there with his family. Sometime in March 14, 2002, Henry appeared and claimed to be the lawful owner of the said lot. He filed an action for reconveyance to recover the land. It was later proved that during his lifetime, Bonifacio has been in possession of the land since 1981 until his death in 1996, in bad faith. Benjie pleaded as his defense, that Henry's claim has already prescribed. 

Rule on the contention of Benjie, citing the legal/doctrinal basis that is to be applied (10%).


VII.

There are two adjacent lots by a river. Lot # 1, with an area of 1000 sq. m. is owned by Rudy, while Lot # 2, also with an area of 1000 sq. m. is owned by Romy. For a period of 10 years, soil deposits began to accumulate over a piece of land. 25 sq. m. was deposited in Lot # 2, which formerly belonged to Lot # 1. Rudy asserts that accretion cannot validly take place because the subject lots are registered in the Torrens system.

a. Who owns the accretion? Explain fully (5%). 
b. What are the elements of alluvium? (5%).


VIII.

Bernie, a treasure hunter, secured a map indicating the location of a hidden treasure. It was later identified that the land belongs to Bert, an OCW in Kuwait. Despite attempts to find him, Bernie was unable to contact Bert. So he decided to enter the property, opening the steel gate of the property. He conducted his search thereon. True enough, a found the hidden treasure, comprised of precious stones, gold, jewelries and money. Bert learned of Bernie's discovery. He demanded his share of the hidden treasure. Bernie refused. 

What are the rights of Bert and Bernie? (10%).


Sunday

The Great Divide







"The world we must strive to build
needs to be based on the concept of genuine social equality…
economic progress cannot mean that few people charge ahead
AND MORE AND MORE ARE LEFT BEHIND.

- Mahatma Gandhi (2 October 1869 – 30 January 1948)


Saturday

Childhood

Now, before I begin again to run over the legal provisions, doctrines and cases to review for my exam on Monday in the 4-unit Property class, let me sidestep a little bit to engross myself over a song I heard over the radio along Recto this lunch.

It is somehow another LSS, but I felt that I do miss what the song speaks, talks or sings about (I don't know the proper adverb for it, hehe). Plus the fact that in the blog entry of a friend, this issue was also brought up. With the intricacies of law school life, and the immense toxicity of what I have to face this Monday until next week, I began to muse myself with thoughts when life was a little bit simplier, when problems were minute, or if there was such a problem to speak of. I began to recall the things I used to do, the places I used to frequent, the persons I have grown fond to be with and the time I used to spend on elementary things.

Yup, I do miss it. I do miss my childhood. The song over the radio was sung my Micheal Jackson. Here are the lyrics, I hope you find it quite relaxing, and think of the most simplest and barest thing you can think of. Hold on to it, and find that it is no longer there. Whew! Sad, but a realization worth musing about. 

Childhood
by Michael Jackson

Have you seen my Childhood?
I'm searching for the world that I come from
'Cause I've been looking around
In the lost and found of my heart...
No one understands me
They view it as such strange eccentricities...
'Cause I keep kidding around
Like a child, but pardon me...

People say I'm not okay
'Cause I love such elementary things...
It's been my fate to compensate,
for the Childhood
I've never known...

Have you seen my Childhood?
I'm searching for that wonder in my youth
Like pirates in adventurous dreams,
Of conquest and kings on the throne...

Before you judge me, try hard to love me,
Look within your heart then ask,
Have you seen my Childhood?

People say I'm strange that way
'Cause I love such elementary things,
It's been my fate to compensate,
for the Childhood I've never known...

Have you seen my Childhood?
I'm searching for that wonder in my youth
Like fantastical stories to share
The dreams I would dare, watch me fly...

Before you judge me, try hard to love me.
The painful youth I've had

Have you seen my Childhood...






Tuesday

Happy Birthday Papang!

Happy birthday to my grandfather, Papang Ike on his 68th birthday!

May you have more birthdays to come!

Monday

Bantay - Pagbantay - Bantayan

Mahirap maging matanda.
Wala nang mas matanda pa na titingin sayo!

-Doraemon

-------------------------------------------------------------------------

Quis custodiet ipsos custodes?
Who guards the guardians?

-Plato (The Republic)


Two schools of thought - simple and complex - yet the same!


Friday

Bar Operations 2008

And it is upon us.
-Anonymous

The day of reckoning calls. It bids us to march to battle, within the fortified walls of De La Salle University, to the beat of the drum lines; armed only with an armor of laws, a shield of case laws and jurisprudence, an amulet of prayers, an herb of fraternal support and a sword of sign pen with lots of reserve weapons; to overcome the final test of our resolve, the make or break moment, the time when we are allowed to pass that piece of wooden barrier that separates those who are within and those who are beyond, the railing we most affectionately call - the BAR!

And with September is just around the corner, we are again called to rally behind this year's hopefuls; in our desire that God and fate shall side with us, as it shall side with them. And with last year's miserable result, our most fervent hopes is among this batch of barristers.

To all those out there, I beseach your prayers for our barrister brothers. If you can support them, even just small prayer will do, it would really help. If you can render financial and logistical support as well, aba, THANK YOU VERY MUCH! Hehehe!

Here are the tentative list of my barrister brods: (To be updated as soon as new names are confirmed to me.)

• Bro. Allan Baculo *
• Bro. Samuel Corcoro
• Bro. Vice Jose Korchnoi Caparino *
• Bro. Mario de la Cruz
• Bro. Ferdinand Fallorin *
• Bro. Lobanz Lopez
• Bro. Meltiades "Dong" Magdamit
• Bro. Vice Elbert Mallete
• Bro. Sherwin Mata
• Bro. Lazaro Nicdao
• Bro. Marvin Pilar *
• Bro. GC Mark Thet Sabando
• Bro. AMI Johnsen Salazar *
• Bro. Leandro Salcedo *
• Bro. Marlon Soriano *
• Bro. Brix
• Bro. Ito *
• Bro. Jim *
• Bro. Bon *
• Bro. Filer
• Bro. Vice Ryan *
• Bro. Giovanni *
• Bro. Don *


* - In-house, TKP

Tuesday

The Raison d etre in exempting a 70 year old Offender

Your honor, hear my honest plea.
My client is an old man. Being at that stage, he must be entitled to at least leniency if not charity, respect if not mercy, and consideration if not pity.
-Atty. Jose Contreras of Oriental Mindoro

Monday

Happy birthday Lola!

Eternal rest grant unto her, O Lord,
and let perpetual light shine upon her. Amen.


Today is the birthday of my paternal grandmother, the late Mrs. Priscilla Ellazar de Jesus vda. de Encarnacion. She would have been 77 years old. Anyways, I know that wherever she is now, she is content and happy, knowing that when she left us last January 2007, the family is well. She was survived by her 4 children and their families; her 2 siblings; and a multitude of relatives and friends, who in one way or another was touched by her kindness.

We love you Lola! And we miss you so much! 

We shall see each other in due time.


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