PH Law Students - Notes and Case Digests

FACTS Ah Sing appealed a judgement of the Court of First Instance for violation of Section 4 of Act No 2381 Opium Law. Ah Sing is a subject of China employed as a fireman on the steamship Shun Chang. The steamer arrived at the port of Cebu from Saigon. The defendant has brought with him eight cans of opium that were found hidden in the ashes below the boiler of the steamer’s engine. The defendant claims that he owns the opium and did not confess his purpose of buying the opium. ISSUE Whether it has been proven that there had been illegal importation of opium into the Philippine Islands RULING Possession of a thing prohibited in the Philippines aboard a foreign vessel in transit does not constitute a crime triable by the courts in the country as a vessel is an extension of its own nationality. However, the Sec 4 of Act No 2381 begins with Any person who shall unlawfully import or bring any prohibited drug into the Philippine Islands. Import and bring are synonymous by terms, and...

FACTS Petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Such were compelled by virtue of Section 6, Article IV of the 1973 Philippine Constitution Invoking the people's right to be informed on matters of public concern. ISSUE Whether petitioners have the right to petition for mandamus, and compel the performance of a public duty Whether publication in the Official Gazette is a requirement for the effectivity of laws RULING Petitioners does not have requisite legal personality to institute a mandamus proceeding, as they are not aggrieved parties (Sec 3, Rule 65 of Rules of Court). Petitioners maintained that the subject matter of the petition concerns a public right, and they need not show any specific interest for their peti...

For a variety of reasons, you are entering law school. Whether it is a childhood dream, or an ambition you realized you have as an adult... or something your parents insist that you take up, you are here now. In preparing for law school, what do you really need to have?  Well, there are three most important things I discovered that I need, and that is grit, stress management, and self-control. Grit  You know what hard work is, but grit is something more. Grit is the ability to bounce back and do better after a major failure. Grit is studying even when you are in the brink of a burn out --- and mind you, law school will burn you out.  You need to have grit so you can keep pushing through day in and day out. Because aside from the prescribed books and codals which are thicker than the Bible, you still have hundreds of cases to read. You could also be a working student, like I am right now. And it can get pretty tiring.  Sometimes, it will cross your mind to just give u...

CASE FACTS Porfirio Parondo, a seven year old boy was instantly killed when an automobile the appellant was driving strike the former. The accused was driving at a rate of 30 miles an hour on a 6 meter wide highway, even though he had to pass a narrow space between a wagon and a heap of stones. The appellant did not take precaution/ vigilant care required under the circumstances that an ordinary prudent man would take to avoid accidents Gregorio Santiago was prosecuted for the crime of homicide by reckless negligence and was sentenced to one year and one day of prision correccional and to pay the costs of the trial. The appellant alleged that the court committed four errors on the following: 1. The appellant was being prosecuted in conformity with Act No 2886 of the Philippine Legislature, which was unconstitutional, and gave no jurisdiction to the case. 2. The lower court erred in not dismissing the case upon presentation of evidence 3. The court erred in not finding that it...