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…
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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…
Negotiorum Gestio
An extra-contractual obligation that is created whenever a person voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter. This juridical…
Test of Genuineness of Handwriting
Not formation and visual inconsistencies but the resemblance of characters; in general character; impressed by involuntary, unconscious, permanent. – Spouses Eduarte vs. CA
Laches
Is the failure to assert a right or neglect to exercise due diligence for an unreasonable length of time. Also called “estoppel by laches” is the negligence or omission to assert a…
Donation Inter Vivos vs. Mortis Causa
How to Ascertain Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. –…
English