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BLOCK D ASSIGNMENTS

LEGAL BIBLIOGRAPHY
ASSIGNMENT 1:
LARS SERZO
Instructions: Read MS Feliciano IBP Journal 172-83 (2009). Indicate the answer,
relevant citation to volume, title of book and section where you found your answer as
well as the cases cited. Indicate the legal research procedure undertaken
Using the American Fifth Decennial Digests through the appropriate Descriptive Word
Index
Q1: Give the key number citation and the cases involved in the subject matter as well as
in succeeding Decennial Digests
Q2: Does a statue permitting lotteries wherein all proceeds shall go to the charitable
purposes mean net proceeds or gross proceeds
ANSWER: The term all the proceeds in a statute permitting lotteries wherein said
proceeds are solely for charitable purposes refers to gross proceeds, not net proceeds.
The right meaning was found through research using the Descriptive Word / Index or
Fact
PROCEDURE:
1. I looked up lotteries in the Descriptive Word Index (DWI). I then decided which
subheadings would be relevant in answering the given question.
2. I located the key under Lotteries in the corresponding main digest volume and
finally scanned for citations mentioning all the proceeds for charitable purposes
in the cases.
3. The meaning of all the proceeds is found in Fifth Digest.
Meaning: Gross proceeds.
Fifth Decennial Digests.
a. Lotteries Vol. 30, pg 1116, 3rd key Lotteries and distributions or schemes
therefor subject to regulation or prohibited
b. Case: Harriman Institute of Social research v. Carrie Tingley Crippled
Children's Hospital, 84 P.2d 1088, (43 NM, 1): Under statute permitting lotteries
where all the proceeds shall be expended for charitable purposes, the quoted
phrase does not mean, net proceeds but means gross proceeds.
This definition distinguishes all the proceeds from proceeds. If the former
refers to gross proceeds, succeeding decennial digests on the other hand
provide that when the law speaks proceeds it refers to net proceeds.
Eighth Decennial Digests.
a. Lotteries Vol. 29, page 837, 2nd key is about Constitutional and statutory
provisions

b. Case: Otto v. Kosofsky (476 S.W.2d 626), the Bingo Licensing Act which
provided that cities could in certain instances license certain organizations to
operate bingo games with the net proceeds of the games to be donated to
educational, charitable, patriotic or religious uses, was invalid under
constitutional section forbidding lotteries and gift enterprises (emphases
supplied).
Ninth Decennial Digests.
a. Lotteries Vol. 24 pg 384, 2nd key Constitutional and statutory provisions
b. The case of State v. City Betterment Corp. (250 N.W.2d 601) cites Article III,
Section 24 of the Constitution of Nebraska which states that the word proceeds
means net proceeds.
ASSIGNMENT 2:
JENNA CASTRO
When a domestic helper, while haggling for a lower price with a fish vendor in the course
of buying foodstuff for her employers family, slaps the fish vendor, causing her to fall
and sustain injuries, is her employer liable?
ANSWER: Yes, her employer is liable under Article 2180 (5) of the Civil Code. Art.
2180(5) Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though the
former are not engaged in any business or industry.The law finding technique used in
this research is the Descriptive Word/Index or Fact Method.
RESEARCH PROCEDURE:
1. From the problem at hand, I analyzed the facts and thought of keywords to search for
in the Law Librarys Subject Catalogue.
2. Using different keywords, I searched Republic Acts, Presidential Decrees, and Acts for
statutes that may be applicable to the problem.
3. One such keyword was Torts and this led me to a possible statute under Presidential
Decrees. PD No. 17554. In the card, it stated that Presidential Decree No. 1755 was a
decree amending Article [sic] 1146 of the Civil Code
5. After reading PD No. 1755, I searched the Civil Code for Art. 1146. It states The
following actions must be instituted within four years: (1) Upon an injury to the rights of
the plaintiff; (2) Upon a quasi-delict.6. This led me to the Civil Codes chapter on QuasiDelicts under Extra-Contractual Obligations
7. I read through the articles in the chapter and found Article 2180
ASSIGNMENT 3:
KEN BAUTISTA, JK BINALLA
Instructions: Read and examine all listed sources in Philippine Case Law and search for
your answer by citing the appropriate case, as well as the sources where you found
them. Describe your research procedure. DO NOT USE THE INTERNET.
Section I-D: Is the medical examination of a rape victim indispensable to the prosecution
of the crime?
ANSWER: No, it is not indispensible.
Research procedure:

1. Look for the SCRA Annotated Quick-Indexes (2007-2009) located at the 3rd flr
of the library.
2. Look for the appropriate part because I am looking for the part which contains
the keywords medical examination and rape. For all three years of the QuickIndex, both keywords were found in Part II.
3. Scan through the cited cases for the appropriate answer to the problem.
SCRA Annotated Quick-Index 2009 Part II covering Vol 576-609, SCRA
Medical Examination
p. 1144
People vs Valenzuela 578 SCRA 157; People vs Canada 602 SCRA 517; People vs
Peralta 604 SCRA 285; People vs Teodoro, 604 SCRA 307: In rape cases, the accused
may be convicted solely on the testimony of the victim, provided the testimony is
credible, natural, convincing, and consistent with human nature and the normal course of
things.
People vs Teodoro, 604 SCRA 307: The absence of fresh lacerations does not preclude
the finding of rape, as neither hymenal rupture, vaginal laceration, or genital injury is an
element of the crime of rape; where sstatutory rape is charged, force is not even an
element that must be proven.
Rape
p. 1148
People vs Alipio 603 SCRA 40: A medical certificate is not necessary to prove the
commission of rape and a medical examination of the victim is not indispensable in a
prosecution for rape; lacerations, whether healed or fresh, are the best physical
evidence of forcible defloration.
SCRA Quick Index-Digest 2008 Part II pages 773-1550 covering Vol 542-575, SCRA
Rape
p. 1238
People vs dela Paz 546 SCRA 363 : A medical examination is not indispensable to the
prosecution of a rape.
p. 1243
People vs Coja 555 SCRA 176: It must be stressed that medical findings of injuries or
hymenal lacerations in the victims genitalia are not essential elements of rape.
p. 1244
People vs Payot, Jr. 559 SCRA 609; People vs Baun, 562 SCRA 584: In a rape case,
what is most important is the credible testimony of the victim- a medical examination and
the medical certificate are merely corroborative and are not indispensable to a
prosecution for rape.

People vs Codilan, 559 SCRA 623: Medical findings of injuries in the victims genitalia
are not essential to convict the accused of rape because proof of hymenal lacerations is
not an element of rape- what is essential is that there was penetration, however slight, of
the labia manora.
p. 1251
People vs Veluz, 572 SCRA 500: Proof of hymenal laceration is not an element of rape,
neither is a medico-legal report indispensible in the prosecution of a rape case, it being
merely corroborative in nature.
SCRA Quick Index-Digest 2007 Part II covering Vol 512 to 541, SCRA
Medical Examination (p. 891)
People vs Ela, 541 SCRA 508: A medical examination and medical certificate are
merely corroborative and are not indispensable to a prosecution for rape; The court
may convict the accused based solely on the victims credible, natural, and
convincing testimony.
Rape
p. 1117
People vs Diunsay-Jalandoni, 515 SCRA 227; People vs Dadulla, 519 SCRA 48;
People vs Fernandez, 522 SCRA 48; People vs Gregorio, Jr., 523 SCRA 216;
People vs Balonzo, 533 SCRA 760: A medical exam is not essential in the
prosecution of a rape case because it is merely corroborative in character;
penetration of the penis by entry into the labia of the pudendum of the vagina, even
without rupture or laceration of the hymen, is enough to justify a conviction of rape.
p. 1129
People vs Gingos 532 SCRA 670: A medical certificate is not indispensable to prove
the commission of rape.

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