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Disclaimer

July 3, 2008

The site was develop to help the site owner retain in his long-term memory the legal information he acquired in the course of his study.  Hence, the contents and links available on this site are for educational purposes only.

Only legal information is contained in this site. Under no circumstance should any information provided here be construed as legal advice.  If ever comments as posted and appear to be advice, they should be understood only as information. Anyone with any legal problems should consult a lawyer and NOT THIS BLOG.

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You acknowledge that any reliance upon any Materials shall be at YOUR OWN RISK. Any warranty, express or implied, including warranties on merchantability and fitness for a particular purpose are hereby disclaimed.

Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Materials from this site.

Most of the content available or linked here are not official versions, not up to date and none of the content should be relied on in any way for any legal or other purpose. The content and links available should not be considered the sole relevant authority on any legal problem.

In case of conflict, the original printed text will prevail over the electronically reproduced laws, jurisprudence or other Materials found herein.

Posted by elaw at 9:34 am | permalink | Comments Off

Cashier’s Check deemed as Cash

June 29, 2008

New Pacific vs Seneris, No. L-41764, Dec. 19, 1980

Facts:

This is a case about a complaint for collection of sum of money.  The parties entered into a compromise agreement where the debtor promised to pay the creditor for sum of money.  For failing to comply with the compromise, the judge issued a writ of execution auctioning the properties of the debtor.  Before the auction, the debtor presented a cashier’s check bu the creditor did not accept this.

Issue:

May the creditor be compelled to accept the cashier’s check as payment?

Ruling:

If the check is ordinary check, he may do so as provided for under Section 63 of Central Bank Act.  But the cashier’s check paid by the creditor also falls under the exception of Section 63 which says,

Provided however,  that the check which has been cleared and credited to the account of the creditor shall be equivalent to a delivery to the creditor in cash in an amount equal to the amount credited to his account

As practiced in the business sector, a cashier’s check is deemed as cash. 

Posted by elaw at 3:07 pm | permalink | comments[23]

Survival Crash Course for Incoming Law Students

March 19, 2008

Imagine this…

You’re a very confident lawyer making a summary of your rebuttal speech over your client’s case and swaying the court to your favour! You did this because of the excellent legal education and legal skills you acquired while still a law student. Even at freshmanyear, you already demonstrated high competence on the Criminal, Civiland Constitutional Law Subjects due to your highly effective learningstrategies and comprehensive pre-law preparation.
 Sounds good to be true?! Nope.

We at the E-LAW believes any graduate who wishes to take up law will succeed in law school provided that he has acquired effectivelearning strategies and has been provided with comprehensive information about the expectations and rigors of the law school,
particularly, during the critical freshman year.

In our examination of freshmen orientation provided by law schools, the orientation usually lasts at most for 3 hours, at least for half an hour. You might be wondering, “What can be discussed for three hours?”

About the school, its organizational structure, its prestigious alumni, a message from your dean or from a recent graduate or bar passer. That’s all.

Would those discussed help your survive the rigors of freshman years? We think we know your answer.

(more…)

Posted by elaw at 5:14 pm | permalink | comments[16]
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