All I Know About Law

It is basic in law school that you must have impeccable English or at least, must be above average. Based on experience, it is not enough that you know your subject and verb agreement, but also as a law student, you must be equipped with the right tool to supply the correct phrase.  In answering law school exam questions, you must keep in mind that it is not a walk in the park that immediately you'll write your answers or elaborate your answer in serious long paragraphs. A mere answer of YES or No without the factual and legal basis or jurisprudence is not enough to grant the student with full credit.  One of the ways or formats that a student may use in taking on law exams is the four-paragraph rule. It may be long, but it is the precise and complete way to get full credit in your exams.  The first paragraph should state your categorical answer whether it is YES or NO, or if the answer is objective type. To have a complete first paragraph answer, your categorical answer should als

        Amendment is the change that does not alter the basic principle of law. It generally affects only the specific provision. An addition or change within the lines of the original constitution as will effect an improvement, or better carry out the purpose for which it was framed or a change that adds, reduces or deletes without altering the basic principles involved as it only affects the specific provision being amended. ( Lambino v. COMELEC, G.R. No. 174153, Oct. 25, 2006 ) How may the Constitution be amended? Amendment may be affected: a. by Congress, upon a vote of 3/4 of all its members; b. by Constitutional Convention, upon a vote of 2/3 of all its members or by majority vote of all its members; c. by People's Initiative. People's initiative is the power of the people to propose amendments to the Constitution, or to propose or enact legislation through an election called for its purpose.      Revision is the rewriting or overhauling of the entire instrument. It br

What is a Cause of Action? A cause of action is the act or omission by which a party violates the right of another.  What are the essential elements of a cause of action? A cause of action exist of the following essential elements are present: 1. A right in favor of the plaintiff by whatever means and under whatever law it arises; 2. An obligation on the part of the defendant to respect or not to violate such right; and 3. An act or omission on the part of such defendant which violates the right of the plaintiff or constituting a breach of obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery.

     Traditional term given to the rules which prescribe the procedures for the protection and enforcement of all claims arising from the rights and duties created by law. (Riano)      That branch of law which prescribes the method of enforcing rights and obtaining redress for their invasion. (Bustos vs. Lucero) Source     The Rules of Court (ROC) do not originate from the legislature and cannot be called laws in the strict sense. However, since they are promulgated by authority of law, they have the force and effect of law, if not in conflict with the positive law.      The rule is subordinate to the statute and in case of conflict, the statute with prevail. (Riano citing Alvero vs. Dela Rosa) Applicability     Shall apply in all courts except otherwise provided by the SC.(Rule 1, Sec 2 Civ. Pro.) Prospectivity / Retroactivity     The ROC are not penal statutes and cannot give retroactive effects. (Bermejo vs. Barrios) However, they may be made applicable to actions pending and undete

Piracy      It is robbery or forcible depredation on the high seas without lawful authority and done with intent to steal and in the spirit and intention of universal hostility. Piracy is triable everywhere. Ways of Committing Piracy 1. By attacking or seizing a vessel on the high seas of the Philippine waters. 2. By seizing the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Mutiny      It is the unlawful resistance to a superior, or the raising of commotions and disturbance on board the ship against the authority of its commander.             PIRACY                                                                              MUTINY 1. Place of Commission                                     Either Philippine waters or the high seas 2. Persons of Offender           Committed by strangers to the Vessel                           Committed by the members of the crew

Elements: 1. The offender performs an unlawful or unauthorized acts. 2. That such acts as:      a. Provoke or give occasion for a war involving or liable to involve the Philippines.      b. Expose Filipino citizens to reprisals on their persons and property. Reprisal      The act or practice in international law of resorting to force short of war in retaliation for damage or loss suffered. Violation of Neutrality Elements: 1. There is a war which the Philippines is not involved. 2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality. 3. The offender violates such regulation. Correspondence with Hostile Country Elements: 1. Made in time of war which the Philippines is involved. 2. Offender makes correspondence with:      a.  Enemy country      b. Territory occupied by enemy troops. 3. Correspondence is either:      a. Prohibited by the government.      b. Carried on ciphers or conventional signs.      c. Contains infor