Plea of guilty is an act of repentance and respect for the law. (People v De La Cruz)
Body Language
Observing the demeanor of witnesses is the unique opportunity of the trial courts. Appellate (and the Supreme) courts merely rely on records. Truth is established not by quantity of witnesses but by…
Life vs Property
The right to life is more sacred than a mere owning a property. That is not to encourage x x x theft, but merely to dull somewhat the … pain-producing edges of…
Christian Influence
The old socio-political-economic philosophy of live-and-let-live is now superseded by the benign Christian shibboleth of live-and-help others to live. Those who profess to be Christians should not adhere to Cain’s selfish affirmation…
Rule of Law
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…
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…
English