Passing the bar exam is such a great feat. Savor the moment. I dedicate this song to all of you, especially that line: "Tapos na ang panahon ng hirap at gutom" :)
Showing posts with label In the Light Corner. Show all posts
Showing posts with label In the Light Corner. Show all posts
Monday, March 5, 2012
Friday, February 10, 2012
Presumptions
Inspired by events from yesterday.
Presumptions under the Rules on Evidence is a very interesting thing. The Supreme Court defined "Presumption" as an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts (In the Matter of the Intestate Estates of Delgado and Rustia, G.R. No. 175733, January 27, 2006). This is not yet evidence but still, if you have presumptions established by law in your favor, then, this will help you a a lot in establishing your case.
We need to distinguish this from presumptions made by anyone in the course of his/her relations with others, particularly with someone very close to him/her. For example, a spouse who all of a sudden became very cold or very sweet. The easy presumption is that the spouse is guilty of something, more particularly of cheating. The presumption is that the sudden change in behavior is caused by something fishy (no pun intended). In today's parlance, this is just "Tamang hinala" loosely translated as "doubt tripping."
Presumptions under the law are not like that. I describe them as "Hinalang tama" loosely translated as "suspicions that are more or less correct." Under the Rules on Evidence, there are conclusive presumptions and there are disputable presumptions.
The first conclusive presumption is provided in Sec. 2, Rule 131 of the Rules of Court: “The following are instances of conclusive presumptions: (a) Whenever a party has, by his own declaration, or omission, intentionally or deliberately led another to believe a particular thing is true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it."
Let us go back to examples involving spouses. The law (Art. 41 of the Family Code of the Philippines) gives an instance when spouse can validly remarry based on the presumption that his/her spouse is presumed dead already.
In sum, presumptions are helpful but also dangerous. You just need to know how to presume and more importantly, how to act on your presumptions. :)
Presumptions under the Rules on Evidence is a very interesting thing. The Supreme Court defined "Presumption" as an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts (In the Matter of the Intestate Estates of Delgado and Rustia, G.R. No. 175733, January 27, 2006). This is not yet evidence but still, if you have presumptions established by law in your favor, then, this will help you a a lot in establishing your case.
We need to distinguish this from presumptions made by anyone in the course of his/her relations with others, particularly with someone very close to him/her. For example, a spouse who all of a sudden became very cold or very sweet. The easy presumption is that the spouse is guilty of something, more particularly of cheating. The presumption is that the sudden change in behavior is caused by something fishy (no pun intended). In today's parlance, this is just "Tamang hinala" loosely translated as "doubt tripping."
Presumptions under the law are not like that. I describe them as "Hinalang tama" loosely translated as "suspicions that are more or less correct." Under the Rules on Evidence, there are conclusive presumptions and there are disputable presumptions.
The first conclusive presumption is provided in Sec. 2, Rule 131 of the Rules of Court: “The following are instances of conclusive presumptions: (a) Whenever a party has, by his own declaration, or omission, intentionally or deliberately led another to believe a particular thing is true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it."
Let us go back to examples involving spouses. The law (Art. 41 of the Family Code of the Philippines) gives an instance when spouse can validly remarry based on the presumption that his/her spouse is presumed dead already.
In sum, presumptions are helpful but also dangerous. You just need to know how to presume and more importantly, how to act on your presumptions. :)
Wednesday, December 21, 2011
Planking
A classroom is a place where minds clash, ideas are harnessed, and theories are tested to discover knowledge. In some cases, it also provides an opportunity for a comic to pose as a teacher, or for a teacher who wants to be a comic. This section contains funny stories from my classroom. Well, at least for me, they are.
The first story is during a discussion in Administrative Law, particularly in the case of Malaga v. Penachos, Jr., 213 SCRA 516. The case revolved around anomalies in the bidding process for a government project.
The student who was called to recite started to narrate the facts of the case. Since I am quite particular in the facts, I asked her how did the bidders show their protest against the award to the winning bidder. Of course, the expected answer was that they filed a case before the court.
I noticed though she was taken aback. I was surprised because filing a case in court is an obvious answer. But she stood there, quite puzzled.
So I repeated the question "So, Ms. ______, what did they do?" in my usual "teacher's tone." Still no answer.
So I answered my own question "Nagplanking sila!" And of course laughter ensued.
Oh, then I realized that I was at the school where student activism is very much alive. Oh oh.
The first story is during a discussion in Administrative Law, particularly in the case of Malaga v. Penachos, Jr., 213 SCRA 516. The case revolved around anomalies in the bidding process for a government project.
The student who was called to recite started to narrate the facts of the case. Since I am quite particular in the facts, I asked her how did the bidders show their protest against the award to the winning bidder. Of course, the expected answer was that they filed a case before the court.
I noticed though she was taken aback. I was surprised because filing a case in court is an obvious answer. But she stood there, quite puzzled.
So I repeated the question "So, Ms. ______, what did they do?" in my usual "teacher's tone." Still no answer.
So I answered my own question "Nagplanking sila!" And of course laughter ensued.
Oh, then I realized that I was at the school where student activism is very much alive. Oh oh.
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