A judge must apply the law as it is written, not as he or she wishes it were. – Amy Coney Barrett Laws must come out in the open in the clear…
Author: Bryan Villarosa
Individual Freedom vs General Welfare
Liberty is a blessing without which life is a misery, but liberty should not be made to prevail over authority because then society will fall into anarchy. Individual rights may be subordinated so…
Defamation
Defamation, which includes libel and slander, means the offense of injuring a person’s character, fame or reputation through false and malicious statements.5 It is that which tends to injure reputation or to…
Class Suit
A class suit is where one or more may sue for the benefit of all (Mathay vs. Consolidated Bank and Trust) or where the representation of class interest affect by the by…
Grave abuse of discretion
Grave abuse of discretion connotes judgment exercised in a capricious and whimsical manner that is tantamount to lack of jurisdiction. To be considered ‘grave,’ discretion must be exercised in a despotic manner…
Actions in rem vs. in personam
In rem proceeding In personam proceeding Object of the action To bar all who might make an objection against a right, and anyone in the world has a right to be heard…
Actions in personam
In actions in personam, the judgment is for or against a person directly. Jurisdiction over the parties is required in actions in personam because they seek to impose personal responsibility or liability…
Proceeding quasi in rem
A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed.61 In an action quasi in rem, an…
Action in rem
Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not…
The Herod in Us (A Poem)
(A poetic reflection. Days after Christmas, when wisemen came to visit.) The Herod in us Doesn’t want His presence The King to govern our lives Is a thought that threatens This King…