Måned: september 2022

(b) No, a foreign divorce decree between a foreign spouse and a Filipino spouse that is not contested by both parties is not in itself sufficient to annul the registration in the civil registry. Before a foreign divorce decree can be recognized by our courts, the party claiming it must prove the divorce as a fact and prove its compliance with the foreign law that allows it (Republic v. Manalo, G.R. No. 221029, April 24, 2018). Criminal Law Bar Exam 2018 Suggested Answers I Roberto and Ricardo have a long-standing dispute over disputes in ATTY. SALVADOR N. MOYA II, LL.M. Managing Partner, Moya Ablola Ebarle Life Member of the Law Firm, IBP, Board of Directors of the Bulacan Chapter, Phil. Trial Lawyers, Inc. & Vanguard of the Phil.

Constitution Inc. Advanced Bar Examiner, Pre-Bar, Pre-Week and Dummy Bar Examiner in Restructuring Law, UP Law Center Shadow Bar Examiner in Restructuring Law, UP College of Law Bar Examiner in Restructuring Law and in The Case of chair (Criminal Law), EDGE Legal Review Center Bar Examiner in Restructuring Law and Criminal Law, Villasis Law Center Bar Examiner in Restructuring Law, Powerhaus Review Center Bar Examiner in Criminal Law, Recoletos Law Center (2018) Professor of Bar, Restorative Law Forecasts, Magnificus Juris Reviews and Seminars Inc. Danielle`s property, located in Digos City, Davao del Sur, has an estimated value of PhP 25,000. The complaint was accompanied by Danielle`s certificate of non-forum shopping, which was made in Davao City and duly notarized by Atty. Dane Danoza, a notary. 3 x-x-x (b) Was the action properly initiated before the RTC in davao City? (2,5%) NOTES À 4 BARRES ET AFFAIRES EN DROIT RÉ REPARATIONATEUR (P. 359 & P. 19-20) PAR ATTY. S.

N. MOYA II, LL.M. Answer: No. SECTION 3. Summary procedure.— Except in cases covered by the Land Leases Act or where the law expressly provides otherwise, all actions relating to forced entry and unlawful detention, regardless of the amount of damages or unpaid rent claimed for recovery, shall be subject to the summary procedure provided for herein. (n) [Rule 3, Rule 70, Rules of Procedure]. 5 F. What is the jurisdiction of the Regional Court of First Instance (CTT) in civil matters? What is the jurisdiction of the Metropolitan Trial Court (MeTC), the Municipal Trial Court (MTC) and the Municipal Circuit Trial Court (MCTC) in civil matters? One.

In accordance with Article 19 of BP 129, as amended by RA 7691, TCs exercise exclusive jurisdiction in civil matters: 6 x-x-x (2) In all civil actions involving the ownership or possession of immovable property or its participation, when the estimated value of the property in question exceeds twenty thousand pesos (₱20,000.00), or in civil actions in Metro Manila, if this value exceeds fifty thousand pesos (₱50,000.00), with the exception of claims for violent trespassing and illegal possession of land or buildings for which initial jurisdiction has been transferred to metropolitan courts of first instance, municipal courts of first instance and courts of first instance of municipal circuit; (Cabrera v. Francisco, 704 SCRA 103, August 28, 2013.) 7 x-x-x (c) Does the complaint need to be verified or is the certification sufficient? (2.5%) 8 BAR NOTES AND RESTORATIVE LAW CASES (P. 627 AND 76) BY ATTY. S. N. MOYA II, LL.M. REPLY: § 3(b), Rules of Summary Procedure II. Civil cases § 3. Procedural documents.— x-x-x B. Examinations. — All procedural documents must be examined.

9 F. Is non-examination of a procedural act inherently? A. No. Consideration of a pleading is a formal requirement, not a judicial requirement. The goal is to ensure that the allegations in a brief are true and correct. As such, the court may order or respond to the correction of unverified pleadings and waive strict compliance with the rules. (Bacolor vs VL Makabali Memorial Hospital, Inc., above.) 10 2018 BAR QUESTION II II Dendenees Inc. and David, both shareholders who jointly own 25% of Darwinkle Inc., filed a lawsuit with Makati`s RTC to force its Board of Directors (CA) to hold the Annual Meeting of Shareholders (ASM) on June 21, 2017, as set forth in Darwinkle Inc.`s Articles of Association. with the prayer that a temporary injunction be used as a deadline of April 30, 2017. 11 The complaint alleged, inter alia, that the refusal to convene the DSO on 21 June 2017 was based on the Board`s plan to allow Databank Inc.

(which allegedly owned 50% of Darwinkle Inc. after 15 July 2017) to participate in the DSO in order to effectively dilute the complainants` assets and remove them from BSB. Dendenees Inc. and David paid the amount of PhP 7,565 as a filing fee based on the Clerk`s assessment. The Board filed an application for rejection for lack of jurisdiction. They argued that the filing fee should have been based on the actual value of the shares of Dendenees Inc. and David, which together were worth PhP 450 million. 12 If you were the judge, would you grant the application for dismissal? (5%) 13 NOTES AND CASES OF LAWYERS IN RESTRUCTURING LAW (see.

A collector`s website states that the $500 bill is worth between $20,000 and $60,000. The central bank says the new Canadian currency has security features that make it harder to counterfeit, and polymer notes last up to three times as long. Last week, the Bank of Canada (BoC) reminded Canadians that as of January 1, 2021, bank notes valued at $1, $2, $25, $500 and $1,000 would lose their legal value. It is estimated that there are still 104 million $2 million notes in circulation — they were phased out in 1996 and replaced by the Toonie coin — but the bank suggests that most of them be held by Canadians who kept them for sentimental reasons. Approximately $151 million 1 banknotes are also in circulation. While the budget did not specify exactly when legal tender would be lifted — legislative changes are coming — it did try to reassure Canadians who still hold these notes that the Bank of Canada will continue to respect them and exchange them at face value in the meantime. The use of the $2 note is popular with Clemson University fans and alumni, who often bring notes when they travel to college sporting events in other locations to demonstrate their economic impact in a field. The idea first became popular in 1977 when Georgia Tech threatened to stop playing the Tigers football, and has since established itself as a sign of fandom when they travel to other places. Fans often stamp an orange tiger paw (Clemson logo) on the note as a sign of their origins. [39] Redditor Mickey_20 recently shared an image of a $1,000 note on the platform.

Ferron-Craig adds that the note appears to be a $1,000 note from the 1954 series. Unusual serial numbers (example: A111111111A) and replacement notes (called «star ratings» by collectors and marked with an asterisk in the serial number) can increase the value of certain notes by the collector. «Collectibles,» or «upgraded» two-dollar bills commemorating U.S. national parks and other places, people, and events, have been manufactured and sold in recent years by coin dealers and others by adding colors, special graphics, or color-printed plastic overlays to regular $2 bills with computer printers. The creators and marketers of many of these posts unscrupulously imply that they are authorized or issued by the federal government; However, no «collector`s» or «enhanced» two-dollar bills have been approved by the U.S. Treasury, the Bureau of Engraving and Printing, or any other government agency, and the notes have no value above their $2 size in the collectors` market. [15] In 2005, a man was arrested in Baltimore, Maryland, for trying to use $2 bills that the store and local police mistakenly thought were fake because ink was smeared on some of the notes. [44] «In short, the abolition of legal tender means that some older banknotes would no longer have the official status of being admitted to the payment of the debt. Essentially, this means you would no longer be able to issue that $25 note from 1935 to buy items in a store,» the central bank explains on its website.

In the 1950s, the production of $2 bills began to decline. The relative scarcity of banknotes meant that some began to save everyone who received them, with the inevitable result that banknotes became rarer in circulation. [Citation needed] Printing $2 bills is half as expensive for the government as printing $1 bills, as both cost the same amount (6.2 cents per note),[11] but the public has not spread them as widely. During the Great Depression, few Americans had enough money to charge for $2 bills. In the middle of the 20. In the twentieth century, $2 bills were often used to bet on horse races, tip strip clubs and supposedly for corruption when politicians were looking for votes (although this may be an urban legend) and reportedly gained a negative reputation. During World War II and later, American soldiers were often paid with $2 bills and, as a result, banknotes were often used in USO clubs, postal exchanges, commissars, and canteens. [12] Many people believe that the $2 note from the 1976 series, with its unusual rear design, was a special and limited edition produced for the bicentennial of the United States; This, combined with the earlier discontinuation of the denomination, gave the impression that these notes could be valuable as collectors` items and contributed to hoarding. Today, the general public is still largely unknown with banknotes because they are not widely used and continue to be hoarded.

[13] The two-dollar U.S. ($2) note is a current face value of the U.S. currency. A portrait of Thomas Jefferson, the third president of the United States (1801-1809), is depicted on the front of the note. The reverse shows an engraving of John Trumbull`s declaration of independence, created around 1818. In recent years, some people have become «ambassadors» of the two-dollar bill to popularize its use in everyday transactions by using it as often as possible, thus putting into circulation a large number of banknotes. [42] [43] While you may have hidden a few $1 or $2 bills in your home, you may not have as many $500 bills. The Minister of Finance is responsible for the Bank of Canada Act and the Currency Act, and amendments to allow for the withdrawal of legal tender status from bank notes were initiated by the Minister in consultation with the Bank of Canada and other authorities. The Bank fully supports the changes.

In February 2012, the BEP 512 000 Series 2009 printed $Star Notes, in anticipation of more regular editions to be printed later in 2012. The $2 2009 series bonds were issued to banks in the fall of 2012. [29] [30] Many other countries are officially withdrawing old banknotes from circulation. More than 20 central banks around the world have the power to strip their notes of legal tender. In 2016, a 13-year-old girl in Texas was arrested by police for trying to use a $2 bill to pay for lunch in her school cafeteria. The note, a red seal from the 1953 series, was still legal tender, but old enough that the school`s fake pen would not work,[45] because the chemical properties of the paper used for U.S. currency before 1960 are such that a fake pen cannot prove whether the note is genuine or not. [46] In 1953, the $2 note, as well as the $5 U.S. note, underwent minor design changes.

The treasury seal was reduced in size and moved to the right side of the note; it was placed on the gray word TWO. The U.S. note obligation has now been placed on a gray number 2. The reverse remained unchanged. [24] The «dollar bill» and the «deuce» ($1 and $2 bills) were replaced by coins in 1989 and 1996 respectively. The dollar coin depicting a loonie on his face is commonly referred to as the «loonie,» while the $2 coin with a polar bear is known as the «twonie,» which is usually written «toonie» to match the loonie. Bank of Canada spokeswoman Amélie Ferron-Craig said that if invoices were no longer considered legal tender, Canadians might not be able to use them. Today, money is not just banknotes or coins. It takes many different forms, including credit cards, debit cards, checks, and contactless payments that we make with mobile devices. You can pay with any of these forms of money, even if they are not considered «legal tender». In fact, everything can be used if the buyer and seller agree on the payment method.

The good news is that if you own one of these notes, you can always buy it back from the Bank of Canada for its full value. The widespread misconception that the $2 note is no longer produced also persists,[14] although $2 notes have been printed since 1862, with the exception of a 10-year hiatus between 1966 and 1976. The U.S. Department of the Treasury reports that as of April 30, 2007, $2 bills valued at $1,549,052,714 were in circulation worldwide. [14] Effective January 1, 2021, the $1, $2, $25, $500 and $1,000 notes in each Series of the Bank of Canada will no longer be legal tender. In the 1930s, the $2 bill was often used at East Coast racetracks to make a bet. Due to German and Jewish influence, the bill was known as the «two-buck» in some parts of New Jersey, and the upper right corner «2» was sometimes ripped off to increase luck. [Citation needed] $1, $2, $25, $500 and $1,000 notes still retain their face value, even if they are no longer legal tender. You can take them to your financial institution or send them to the Bank of Canada to buy back.

The $500 bill was last printed in 1938. The $25 note is rare, as it wasn`t until 1935 that it was printed as a commemorative note in honor of King George V`s Silver Jubilee. Currently, $2 stamped notes from the 1976 series are generally exchanged for about double their face value. If the tickets were stamped in a city with an unusual name, the value may be slightly higher. However, no $2 note from 1976 with stamps issued on the first day is particularly rare or valuable. Removing the legal tender status of these bills means that they are no longer considered money. Essentially, you may no longer be able to spend them on a cash transaction. This does not mean that the notes are worthless. The Bank of Canada will continue to take them at face value. The Bank of Canada is withdrawing from circulation the one- and two-dollar notes, as well as the $25 and $500 notes that were printed in 1935 and abandoned shortly thereafter.

Different years of series of Canadian $1 bills.

Powerful people know how to impress others by saying less. The more you say, the more likely you are to end up saying something stupid. Since people are constantly trying to understand what others seem to be thinking, they feel uncomfortable by the silence. By controlling what you reveal, you can wield great power. Eventually, they are likely to fill the silence you leave behind and reveal more information about their own intentions and weaknesses. Here is a brief overview of the remaining 44 laws. For more details, make our full text, infographic and audio summary. Make your success seem simple. Hide all the efforts and tricks you have used to achieve this, otherwise it will arouse too much curiosity in others. Don`t tell anyone how you reached your position of power, otherwise they might use it against you. There are great benefits to standing still. The more mysterious your actions seem, the greater your power seems to be.

This will give the impression that you have an exclusive gift that no one can reproduce and that knows no limits. Preserve your energies by concentrating them all in one source of strength. When you search for such a source, you identify a unique source that will support you for a long time. You gain more power by finding a single rich source than by going back and forth between much flatter sources of power. When it comes to power, perhaps the worst mistake of all is surpassing Master. The less interested you are in the things that irritate you, the more superior you seem. By recognizing your enemy, you give his existence credibility and therefore power. Paradoxically, the more you want something, the more it escapes you because your interest is too strong, which makes others feel uncomfortable and anxious. From time to time, it is best to leave things alone. By turning your back on what you want, you will drive your opponents crazy.

There is nothing more exhilarating than victory and nothing more dangerous. · In the realm of power, you must be guided by reason. · Having a momentary thrill or emotional victory influence or guide your movements will prove fatal. If you succeed, resign. · Be careful. When you win, you understand the role played by the particular circumstances of a situation. Never just repeat the same actions over and over again. · History is littered with ruins of victorious empires and the corpses of rulers who could not learn to stop and consolidate their gains. The powerful vary their rhythms and patterns, change course, adapt to circumstances and learn to improvise.

· You have to take a step back and see where you`re going. · Control your emotions and arrive at some kind of mental stop if you succeed. · Calm down, give yourself space to reflect on what happened. Examine the role of circumstances and happiness in your success. · You must be able to control yourself before you can control others. · You must realize that your moment of triumph is also a moment when you must rely all the more on cunning and strategy. Consolidate your power base, recognize the role of luck and circumstance in your success. Stay tuned for changes in your happiness. · This is the moment of victory when you have to play the game of the courtier and pay more attention than ever to the laws of power. Feeling helpless is a miserable experience. If everyone had a choice, they would choose more power rather than less.

But being so open in attempts to gain power is frowned upon. To come to power, you have to be subtle, cunning and democratic, but sneaky. Therefore, bestselling author Robert Greene argues in his controversial book «The 48 Laws of Power» that if you manage to seduce, charm, and deceive your opponents, you will gain the ultimate power. If you can stay calm while infuriating your opponents, you can gain an advantage. By finding their weaknesses, you can disturb them and play with them at will. The angry they are, the more ridiculous they will appear. This will reduce their power. Given the importance of the idea of intelligence to most people`s vanity, it`s important to never offend or accidentally question a person`s brain power.

Make your masters look brighter than they are, and you will reach the heights of power so that those above you always feel comfortable superior. Hide the extent of your own talents, otherwise your masters might not feel safe. The better you make your Master appear, the higher the level of power you will attain. Those who stand above you want to feel safe and superior in their positions. This may mean making some harmless mistakes so that you can ask your master for help. Humans are creatures of habit who seek familiar patterns in the behavior of others. By acting unpredictably, your opponents will get tired trying to predict and analyze your movements. This sometimes means hitting without warning. When you act predictably, you give power over yourself to others.

If you act in a surprising way, they will feel like they don`t understand you and will be intimidated. Power is in many ways a game of appearances, and if you say less than necessary, you inevitably seem bigger and more powerful than you are. No one likes to be helpless, but we don`t accept power-hungry people well because of our modern ideologies of fairness, justice, etc. It is important to recognize that power is amoral – it is neither good nor bad. You can choose how to use power once you have it, but it would be foolish to dismiss power as bad or unimportant. In fact, there are many things we can learn from the masterful intrigues of the aristocratic courts of the past – those who can subtly charm, deceive and manipulate without the consciousness of others can come to power without the resentment or resistance of others. By creating great spectacular gestures, you will increase your presence and power. People will be too dazzled by the concerts to know what you`re really doing.

Unlike the use of words, visual gestures contain emotional power and immediacy that leave no room for doubt. Where words separate, images unite. Use it to your advantage. All problems can usually be attributed to a single person. By exterminating this person and preventing him from operating, you will stop his influence. Do not waste time, otherwise their influence will multiply. In each group, power is concentrated in one or two people. Therefore, it is important to understand who controls the group. This becomes even more difficult, as troublemakers prefer to disguise their actions.

However, isolate their power and they become superfluous. If you have recently entered a position of power or are an outsider trying to claim it, respect the way people have lived so far. Too much change will provoke revolt. To introduce change, make it appear as a gradual and gentle improvement of the past. But the lesson is simple. The powerful vary their rhythms and patterns, change course, adapt to circumstances and learn to improvise. Instead of letting their dancing feet push them forward, they step back and see where they are going. That is the challenge. Stopping in the middle of victory is the challenge, it`s the hardest thing. To breathe, analyze and move with caution but speed. Doubt is a powerful weapon: as soon as you let him out of the bag with insidious rumors, your opponents find themselves in a terrible dilemma.

By being tangible, you open yourself to attacks. Being malleable, adaptable and in motion makes you amazing. Accept that everything, everywhere, changes and embody this truth. By being as liquid as water, you protect yourself from the ever-changing nature of reality. By refusing to adapt and change, you do not evolve and your power is usurped. The powerful are constantly adapting and their power comes from the speed at which they can change. • Don`t hire your friends to familiarize yourself or as a favor. Friends are more likely to envy and betray you and limit your power, as it is harder to maintain a professional distance.

It`s best to hire people with the skills and competencies to promote your interests. The way you present yourself to the world will reflect the way others see and treat you. Carry yourself with self-respect, self-confidence and dignity to give the impression that you are destined for power. We must bring ourselves to demand and expect as much as a small child. Believe that you are destined for greatness, and this faith will radiate outward and others will believe it too. Ask for less, and that`s exactly what you`ll get. • To master the power game, you must fundamentally change your perspective, learn and practice new skills, including the ability to control your emotions (so that they don`t cloud your judgment), objectively examine the past and future (to learn and identify problems), and accept deception and masquerade as part of human interaction (not something immoral or ugly). Your reputation is the cornerstone of your power. You can use it to intimidate and win, but when it`s obscured, you open yourself up to being vulnerable to attacks.

Make your reputation impenetrable and predict attacks before they happen. Help yourself in this endeavor by destroying your enemies by exploiting the holes in their reputation and letting the public destroy them. By constantly going against the tide in public, people will start to annoy you because you feel inferior. Practice merging and hiding your true feelings to cultivate the common touch. This way, you will be left alone to express your true beliefs in a targeted way. Once a power base is established, you can begin to spread your beliefs gradually, and they are more likely to be embraced.