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Law School Musings: Pursuit of Discipline

Deciding to dive into Law School, I anticipated a challenging journey - demanding my time in studying, reading, and attending classes, but it never occurred to me that it would also take a toll on my mental health. Being an introvert who often enjoys my own company, I never really expected that Law Schoool to be a solitary experience. Not everyone will get what you're going through; My attempt to remedy this involved joining in virtual discussions with fellow aspiring attorneys. Lucky are those who have support and understanding from their loved ones, especially when you miss important gatherings because you have a deadline to finish or an exam to prepare on. The missed gatherings often times drain you, it makes you overthink if they are having fun and going on with their lives without you. Lately, my FOMO (fear of missing out) anxiety has been intensified especially during the early months (pre-midterms), impacting my overall performance. Recently, I stumbled upon an advice sugges...
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CRIM LAW DIGEST: People v. Escobal & Abano (GR No. 206292)

CRIMINAL LAW: Revised Penal Code, Book 1 GR NO. 206292                                                                                                         October 11, 2017 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ESTRILLO ESCOBAL Y SALVACION AND MELVIN E. ABANO, Accused-Appellants. BERSAMIN, J.: DOCTRINES: Self-defense requires proof of unlawful agression, reasonable necessity of means, and lack of sufficient provocation. Treachery is present when the accused uses means, methods or forms that tend directly and specially to ensure the execution of the crime without risk to the aggressor. Conspiracy  requires an actual agreement before the commission of a crime. How...
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CRIM PRO DIGEST: People v. Rocha, et.al. (GR No. 173797)

  Criminal Procedure, Digest focusing on Rule 122: Transmission of Records in Case of Death Penalty GR No. 173797                     August 31, 2007 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EMMANUEL ROCHA alias "Nopoy" and RUEL Ramos alias "Aweng", Accused-Appellants. CHICO-NAZARIO, J.: DOCTRINE: The Doctrine of Mandatory Review applies when the penalty imposed is death, requiring an automatic review by the Supreme Court. FACTS: In 1994, an Information was filed against Emmanuel Rocha, Ruel Ramos, and others for robbing BPI on September 28, 1993, resulting in the deaths of security guards Roger Tarroquin and Tito Homeres. The RTC found them guilty in 1999, imposing reclusion perpetua. However, Trumpeta and Cenita, co-accused, initially appealed but later withdrew their appeal in 2001. Following the People v. Mateo decision in 2004, the case moved to Court of Appeals, which affirmed the RTC decision...
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CRIM PRO DIGEST: People v. Sandiganbayan (GR No. 149495)

Criminal Procedure, Digest focusing on Rule 119: Consolidation of Trials of Related Offenses GR No. 149495                     August 21, 2003 PEOPLE OF THE PHILIPPINES, Petitioner. v. THE HONORABLE SANDIGANBAYAN (FIRST DIVISION) and  JOSE JAIME POLICARPIO, Respondents. PANGANIBAN, J.: DOCTRINE: The consolidation of cases is within the discretion of judges, and unless such discretion is gravely abused, appellate courts will not disturb their findings and conclusions. FACTS: Three cases were filed before the Sandiganbayan (SBN): Plunder against Joseph Ejerity Estrada, illegal use of alias against Estrada, and indirect bribery against the private respondent. Motions to consolidate two of these cases with the plunder case were filed by the petitioner. The Fifth Division granted the consolidated of oe case, while the First Division denied the consolidation of another. The Petition sought to nullify the denial of the ...
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CRIM PRO DIGEST: Gonzales v. Salvador, et. al. (GR No. 158340)

Criminal Procedure, Digest focusing on Rule 117: Effect of Sustaining the Motion to Quash GR No. 168340                     December 5, 2006 RAFAEL GONZALES, Petitioner, v. HON. TRANQUIL P. SALVADOR in his capacity as Presiding Judge of the Regional Trial Court of Makati City, Branch 63, and GLEN DALE a.k.a RENE MARTEL, Respondents. CARPIO MORALES, J.: FACTS: Petitioner, Rafael Gonzales accuses Glen Dale, the Respondent, of Libel based on an article titled "Glad Tidings for Manila Polo Club Members." Makati Prosecutor's Office finds probable cause, and an Information is filed with the Regional Trial Court (RTC) Makati. Dale challenges the prosecutor's resolution through petition for Review with the Department of Justice (DOJ), which is dismissed. Court of Appeals denies Dale's petition for certiorai and prohibition. Respondent files a Motion to Quash, citing lack of jurisdiction and defects in the information. Trial C...
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CRIM PRO DIGEST: People v. Baharan, et.al. (GR No. 188314)

Criminal Procedure, Digest focusing on Rule 116:  Plea of Guilty to Capital Offense; Reception of Evidence G. R. No. 188314             January 10, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.  KHADDAFY JANJALANI, GAMAL B. BAHARAN a.k.a Tapay, ANGELO Trinidad a.k.a Abu Khalil, GAPPAL BANNAH ASALI a.k.a Abu Solaiman, ROHMAT ABDURROHIM a.k.a Jackie or Zaky, and other JOHN and Jane DOES, Accused, GAMAL B. BAHARAN a.k.a Tapay, ANGELO TRINIDAD a.k.a Abu Khalil and ROHMAT ABDURROHIM a.k.a Abu Jackie or Zaky, Accused-Appellants. SERENO, J.: DOCTRINE: The court emphasizes the importance of a searching inquiry into the voluntariness and full comprehension of the consequences of quilty plea, especially in cases involving capital offense. FACTS: On February 14, 2005, an RRCG bus traveling southbound via EDSA had Bahaan and Trinidad on board, who later exited at Ayala Avenue; Shortly after their departure, an explosion occured, leading to the bus ...
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Shari'ah 1 Midterm Exam

Professor X opined:  "Shari’ah is a  law for  the Muslims and applies only to the Muslims." A. Do you agree with Professor X’s opinion? Explain. Yes. Since shari’ah is a teaching of commands, prohibitions, guidance and principles of Allah which were revealed through Prophet Muhammad. It is inherently designed for those who follow the Islamic faith, namely the Muslims. Therefore, I agree with the Professor that Shari'ah is only applicable to the Muslims due to its religious nature and origin. B. Will  your answer be the same given that the Code of  Muslim Personal Laws of the Philippines (P.D. 1083) covers personal laws of minority Muslims? Reason. Yes, my stance remains the same. Despite  PD No. 1083 addressing Muslim Personal laws covering areas like personal status, marriage, divorce, family relations, succession, inheritance, and property, it exclusively applies to Muslims, whether by birth or conversion. Non-Muslims are not subject to this decree. In th...
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