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Month: March 2016

Donations by Reason of Marriage

The Family Code of the Philippines specifically dedicates a whole chapter on the subject of “Donations by Reason of Marriage.” The chapter contains four articles which, like most law books, do not attempt to make the concept crystal clear, but focus directly on the “legal” side rather than explain first where the concept comes from or what it essentially is. This post provides illustrative examples, distinctions between ordinary donations and donations by reason of marriage, as well as its historical context.

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Rules of Procedure for Environmental Cases

These Rules shall be known as “The Rules of Procedure for Environmental These Rules shall govern the procedure in civil, criminal and special civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws.

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Hernandez Versus Placer Dome Case Primer

The Hernandez versus Placer Dome case, as an illustrative example of the application of the Writ of Kalikasan, fails to elucidate. First of all, it strictly limits itself to the procedural aspects of the case. Second, it hides the factors that would have made sense of the technical exchanges between the parties. This post tries to supply the lacuna with with life-giving factual antecedents that may help understand the case.

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Parts of a Supreme Court Decision

In general, the essential parts of a good decision consist of the following: (1) statement of the case; (2) statement of facts; (3) issues or assignment of errors; (4) court ruling, in which each issue is, as a rule, separately considered and resolved; and, finally, (5) dispositive portion. The ponente may also opt to include an introduction or a prologue as well as an epilogue, especially in cases in which controversial or novel issues are involved.

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