Law, Life, and Love

This is the right which the vendor reserves to himself, to reacquire the property sold provided that he returns to the vendee, the price of the sale, expenses of the contract, any other legitimate payments made such as the necessary and useful expenses made on the thing sold  and fulfills other stipulations which may have been agreed upon. It is where the conventional redemption takes place. As provided under Article 1601 of the New Civil Code: Article 1601. Conventional redemption shall take place when the vendor reserves the right to repurchase the thing sold, with the obligation to comply with the provisions of Article 1616 and other stipulations which may have been agreed upon. When the Vendor reserves the right to repurchase the thing sold – with the obligation to return the price of the sale as well as the expenses of the contract, any other legitimate payments made by reason of the sale, the necessary and useful expenses made on the thing sold, and other st...

The Chapter on Human Relations:   Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. May we first define important terminologies in this Article: Right is a power, privilege, or immunity granted under a constitution, statute, or decisional law; every well-grounded claim on others. Duty is  a human action which is exactly conformable to the laws which require us to obey them; a moral obligation or responsibility.  Justice is the constant and perpetual disposition to every man his due, the conformity of our actions and our will to the law. Good faith is an honest intention to avoid taking undue advantage of another. A right, although by itself legal because it is recognized or granted by law as such, may nevertheless become the source of illegality when it is exercised in a manner that does not conform to the norms enshrined in Article...

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary. When the court declares a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders, and regulations shall be valid only when they are not contrary to the laws or the Constitution. This article asserts the  supremacy of the Constitution  as the supreme law of the land over an ordinary law or legislation, administrative or executive acts. There are sources of Law in order of preference in this Article: •The Constitution •Laws (Presidential Decrees) •Administrative or executive acts, orders, and regulations Laws are repealed only by subsequent ones . It is to be presumed that the lawmakers knew the older law and intended to change it. In enacting the older law, the legislators could not have k...

"Today's hardship is for tomorrow's sake" is all that I always tell myself when I'm confronted with the difficulties that I face nowadays. 😊

A certiorari is an order or writ by which a higher court is requested to review the decision of a lower court alleging that the decision has been irregular, incomplete, or if there has been an error of law. It raises a question of law. If the application is successful, it renders the decision at issue of no force or effect and null and void. The special civil action for a certiorari and appeal are two different remedies that are mutually exclusive; they are not alternative or successive. Where an appeal is available, the  certiorari will not prosper, even if the ground therefor is grave abuse of discretion.  The basic rule: A certiorari is not a substitute for the lapsed remedy of an appeal. References: http://www.chanrobles.com duhaime.org https://bataspinoy.wordpress.com