Category Archives: Prof. Manny Riguera’s Blog

May a Court Compel Disclosure of Privileged Attorney-Client Communication on the Ground of its Materiality? A Plea for the Re-examination of Sec. 28(e), Canon III of the CPRA

Section 27, Canon III of the Code of Professional Responsibility and Accountability (CPRA) reads as follows: “SECTION 27. Confidentiality of privileged communication. – A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer-client engagement.” The privileged communication…

Do the Rules on Electronic Evidence Apply to Criminal Actions? The Search for a Lost Resolution

The Rules on Electronic Evidence (REE) are the rules applicable whenever an electronic document is offered or used in evidence.  The REE took effect on 1 August 2001.  Section 2, Rule 1 of the REE provided that “[t]hese Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases.”  Subsequently,…

Right of Transferee of Property in Litigation in Case of the Party-Transferor’s Death

May a person who had bought the property in litigation from the plaintiff move that he or she be substituted for the plaintiff if the latter dies during the pendency of the case?  A case decided by the Supreme Court is illustrative.* The facts are briefly restated as follows: Josefa filed with the Regional Trial…

Bar Basics: Extrajudicial Foreclosure of Real Estate Mortgage

Real estate mortgage A real estate mortgage is an accessory contract constituted by the owner of a real property (mortgagor) whereby he allows a lien to be constituted thereon for the purpose of securing in favor of the creditor (mortgagee) the fulfillment of a principal obligation.   A real estate mortgage is a contract creating a…

Is Online Libel Committed Before the Effectivity of the Cybercrime Law a Crime?

Is online libel or cyberlibel committed before 3 October 2012, the effectivity date of the Cybercrime Prevention Act, a crime? The answer is yes.  Online libel or cyberlibel committed before 3 October 2012 was already punishable as a crime under Article 353, in relation to Article 355, of the Revised Penal Code.  This notwithstanding the…

Ten Common Misconceptions in Remedial Law Review

My experience as a law professor, bar reviewer, and bar exam coach in Remedial Law made me notice the following ten common misconceptions of bar reviewees studying remedial law review. A bar reviewee may do well to take note of these misconceptions and avoid falling into them during the bar examination. 1. ACTIONABLE DOCUMENT IS…

Recovery by Offended Party of Civil Liability in Case of Accused’s Acquittal

In a criminal case, the civil action to recover civil liability arising from the offense charged (civil liability ex delicto) is deemed instituted with the criminal action, unless the offended party waives such civil action, reserves its filing, or institutes it prior to the criminal action.[1] If the accused is acquitted, may the offended party…

Fixing the Intended Period of an Obligation: Revisiting Tiglao v. Manila Railroad Co.

Consider the following problem based on a question in the 1973 Civil Law bar exam: “D borrowed ₱3,000,000 from C in 2014. The debt is evidenced by a promissory note executed by D wherein he promised to pay as soon as he has money or as soon as possible. C has made repeated demands upon…

Drawing the Iron Curtain on Succession between the Illegitimate Child and the Legitimate Ascendants of his Parents

Miguel had a legitimate son named Arturo, while Arturo had a daughter named Angela, born out of a common law relationship between Arturo and Susan.  Arturo died in 1978 while Miguel died without a will in 1999.  Under the law on succession, a grandchild may inherit by right of representation from the estate of her…

Judicial Titling of Alienable Lands Simplified by New Law

The judicial titling of alienable and disposable agricultural lands was simplified by R.A. No. 11573, which took effect on 1 September 2021.  Specifically, R.A. No. 11573 streamlined the procedure and the requirements for judicial confirmation of imperfect title under Section 48 of the Public Land Act and Section 14 of the Property Registration Decree.  The…