REMEDIAL LAW
1. Substantive law is that part of the law which creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action. On the other hand, remedial law prescribes
Cases specifically mentioned in the syllabus for tomorrow's exam:
CRIM LAW:
1. People v. Morales (2022) on the non-application of Art. 48 of the RPC to quasi-delict.
REMEDIAL LAW:
1. Guerrero Estate Development Corporation v. Leviste & Guerrero Realty Corporation. Tackles provisional deposit.
2. Republic v. Pasig Rizal (already asked during Poli exam)
3. Lorenzo Shipping Corporation v. Villarin. Tackles preliminary attachment.
Where a single act of reckless imprudence produces several consequences, the penalty for each proven consequence is imposed separately in the one prosecution. The offense remains single; prosecution for one bars the rest.
One legislator through a single aide with many contractors is a wheel conspiracy; the insertion-release-kickback line from budget to delivery is a chain.
Taking property on the occasion of an earthquake or other calamity is qualified theft.
The official who converts relief money he administers commits malversation.
How to find minimum, medium, maximum penalties
Ex. Prision correccional 6M1D to 6Y convert to days (1Y=360D; 1M=30D)
6Y=6x360=2160; 6M=6x30=180
2160-180=1980
1980/3=660D convert to Y and M
660D is 1Y and 10M
Add the base
6M1D + 1Y10M = 2Y4M thus
Robbery+rape through carnal knowledge=robbery with rape
Robbery+sexual assault=separate crimes
Kidnap+kidnapped dies during detention=kidnapping with homicide
Kidnap+third person died=separate crimes
Original intent to kill+detention incidental=homicide/murder
Lord, nakakapagod, lasy day na sa Sunday. Tulungan Mo ako sa lahat ng kaya ko pang kontrolin, at higit na tulungan Mo ako sa mga bagay na hindi ko na kayang kontrolin. I surrender it all to You. Amen.
You do not know how everyone else performed. You do not know how the exam will be checked. And you certainly do not know yet how this story ends.
So stop counting the points you think you lost.
There are still points to fight for.
Focus on finishing strong. You got this. ๐