rmanently of their boat, proof of which they left behind the brothers with their boat, the truth

th is,
Catantan and Ursal abandoned the Pilapils only because their pumpboat broke down and it was
necessary to transfer to another pumpboat that would take them back to their lair. Unfortunately for
the pirates their "new" pumpboat ran out of gas so they were apprehended by the police soon after
the Pilapils reported the matter to the local authorities.

The fact that the revolver used by the appellant to seize the boat was not produced in evidence cannot
exculpate him from the crime. The fact remains, and we state it again, that Catantan and his co-
accused Ursal seized through force and intimidation the pumpboat of the Pilapils while the latter were
fishing in Philippine waters.

WHEREFORE, finding no reversible error in the decision appealed from, the conviction of accused-
appellant EMILIANO CATANTAN y TAYONG for the crime of piracy penalized under PD No. 532 and
sentencing him accordingly to reclusion perpetua, is AFFIRMED. Costs against accused-appellant.

SO ORDERED.

Vitug, Kapunan, and Hermosisima, Jr., JJ., concur.

Endnotes:

ARTICLE 7. When Light Felonies are Punishable. — Light felonies are punishable only
when they have been consummated, with the exception of those committed against
person or property.

ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to

commit felony are punishable only in the cases in which the law specially provides a
penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.

ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — Grave felonies
are those to which the law attaches the capital punishment or penalties which in any of
their periods are afflictive, in accordance with article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.

Light felonies are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided.

ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses which
are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless the
latter should specially provide the contrary.
u/Jfmaghopoy

2 days ago

Sharing Atty. Chel's message on how to become a good lawyer

I didn't expect I'd get a reply from him. Just wanted to rant but got needed inspiration in return.
https://i.redd.it/c8i14dmzgo051.pnghttps://i.redd.it/l4kvr5hmgo051.png

https://i.redd.it/k6t010lmfo051.pnghttps://i.redd.it/7ni7yo0ofo051.png https://i.redd.it/lgdf6wwsfo051.p
ng
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40

Posted by

u/manila2020

7 days ago

FAQs PHILIPPINE LAW SCHOOLS 2020

I've seen several posts here about different law schools, and I just thought it would be better to
compile them in a single thread. This can be helpful to aspiring law students and transferees, so I
hope you can share your experiences and tips. You can also share links from any relevant
subreddits. Thank you!
 School:
 Admission: usual exam dates? requirements (exam? interview? both?) Do they accept
transferees?
 Location and Environment: City/Province, availability of public transpo, describe the
surroundings (is it near business centers? nature? is it quiet? conducive to learning? flooding?
etc)
 Facilities: How big is the library? Are there student lounges or study areas? Are there
bidets in the restrooms? Air-conditioned rooms or not? Dilapidated? New? Dirty?
 Tuition and other fees: How much per semester? are there scholarships or discounts
available?
 Cost of Living: cheapest/most expensive food and accommodation available for students,
cost of photocopying, uniform/mandated outfit, etc
 Academic Load: how many units per semester? is there a special schedule for working
students? are all subjects offered every semester, or seasonal lang? departmental exams?
 Professors/Dean/Admin: please be honest and polite
 Student life/Organizations: are fraternities/sororities allowed? what orgs can students join?
etc
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17

Posted by

u/00698249300

JD

5 days ago

The Best Law School in the Country

It has been a couple of weeks since the release of the 2019 Bar results, and we still see some
discussions (online and IRL) on how this or that law school has lost its shine.
What I find problematic about this conversation is the criteria that many set up as the basis for which
law school is deemed to be the "best".
It appears that many consider the number of topnotchers a law school has produced in the recent
years as the main determinant in assessing its performance as a legal education institution. (Hell, it's
even problematic to judge a school based on bar performance alone. But that's another kwento for
another day.)
To see why this is a bad criterion, consider the following hypothetical ad absurdum:
Law School A and Law School B each have 50 first-time bartakers for 10 consecutive years.
Each year, Law School A produces 1 topnotcher, but the other 49 of its first-time bartakers always fail.
On the other hand, Law School B never produces a topnotcher, but all 50 of its first-time bar-takers always
pass.
In this scenario, may Law School A be considered as better than Law School B because it has
consistently produced a topnotcher for 10 consecutive years? As a pre-law graduate, would I want to
go to Law school A with having 1 in 50 chances of passing/topping the bar? or would I want to go to
Law School B, where there may be no chance for me to top the exam, but the chances of me
passing the bar is almost certain?
Sure, the number of topnotchers may play a role in judging how a school performs in the bar, but this
should not be the sole nor primary factor to consider.
On the other hand, I also don't think that it is fair to assess a school purely on passing rate alone
because once the playing fields are even, then we may have to look at the number of topnotchers.
In short, the number of topnotchers is a factor, but is NOT A BIG FACTOR as many make it appear.
I don't mean to downplay the achievements of schools who do not usually produce topnotchers have
their graduates top the bar. They deserve all the praise they get for a job well done. I just think it's
unfair to evaluate a law school as the "best" based on the number of its topnotchers alone.
Disclaimer: I am a UP Law graduate. Objectively, it is still one of the best law schools in the country
if we go by its bar performance. However, if there comes a time that its passing rate plummets and
there is a complete absence of topnotchers for a few consecutive years, I have no qualms in saying
that it is not one of the best schools anymore. But as the numbers show, this is not the case right
now.
On a final note, many long for a time when bar results are no longer a big deal. In other jurisdictions
like the US, the concept of 'topnotchers' do not exist. There's not much fanfare on which school has
the highest passing rate. Yale Law School, which is deemed to be the best law school in the US
according the US News & World Report rankings, ranked 5th in the first-time bar pass rate in 2019. It
appears that, for them, the bar exam is just another licensure exam which reflects more on the
candidate rather than on the school. If we treat the bar that way, I think it could take off a lot of
pressure and anxiety from our bar candidates with the way they approach the exam and assuage
their fears of letting their school down. It may take a long before that happens in the Philippines, but
one can only dream.
Thanks for coming to my webinar! cheret
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16

Posted by

u/besttoyou

1 day ago

[DISCERNMENT] Got into a good school but I'm having second thoughts about pursuing law
altogether in fear of not being smart enough for the bar.
Can we make this the thread for students who are unsure and need a place to help each other
discern? I need more people to talk to about this with. Unfortunately, I don't know many people
pursuing law. Am I biting off more than I can chew?
I'm an average student, with average grades, and an average gwa. But I'm confident in my ability to
argue, write, and reason; I guess I was never really a diligent student. There's a lot at stake when
going to law school, mostly its time and money for me; so I can't waste these things. Hence, I have
been watching many vlogs and other things about law school and the profession. What mainly
discourages me? The bar exam. I've heard you read around 8k-10k worth of pages in total to
prepare for the bar; and the tired old sentiment that goes "I would not even wish the bar exam on my
worst enemies".
What kind of person do you have to be to get through law school (especially the ones that take out
the bottom percent of students every year) ? Please someone tell me (or refute me) that you don't
have to be a genius to pass the bar. That average people can pass it too?
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14

Posted by

u/nonentiumx

4 days ago

Waiting for the ALS results?

Anyone else anxious for the ALS result? They said they wont be posting later than today. I really
want to pass huhu
i'm just here fantasizing how to write notes for my future cases
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10

Posted by

u/coffeecarmi

2 days ago
Do flashcards help in studying law?

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Posted by

u/HazmatK

3 days ago
Top Law Firms Hiring Non-UP/Ateneo grads?

It seems that top law firms in Makati only hire UP/Ateneo grads. Where do graduates from other law
schools go if they want to work for a top law firm?
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Posted by

u/haveyoueverbutnever

4 days ago

How to apply for appeal in ALS results?

Unfortunately, I wasn't able to get in. I still have faith though! I'm not giving up on my dream school
yet!
I heard that appeals can be done and some graduated although they didn't get in straight or for
interview.
Help a dreamer out please and thank
ces brought about by the painful stretching of time and patience, and the
concomitant lack of sleep. Retiring to bed at past midnight and waking up at 4:00
in the morning became a daily routine that, after many months, was bound to
take its toll.
Many of my friends and relatives remarked at how my positive aura had
dwindled, to which I could only offer some lame excuse.

It may be an understatement, but I have said it, and I will say it again without
fear of contradiction, that checking the examination booklets was a more
agonizingly laborious experience than actually taking the bar. Much of my
difficulty lay on the extra time spent deciphering handwriting and grammar. But,
encouraged every time by the thought that my own children will be taking the bar
in a couple of years or so, I would read an answer over and over again until I am
able to make sense of it, and I can give the corresponding point with due
consideration to the effort of the examinee, without compromising the standards
set for the legal profession.

e of the Compulsory Acquisition Program of the CARP; and (2) whether the petition for land
conversion of the parcels of land may be granted.

On December 7, 1990, the Office of the Secretary, DAR, through the Undersecretary for Operations
(Assistant Secretary for Luzon Operations) and the Regional Director of Region IV, submitted a
report answering the two issues raised. According to them, firstly, by virtue of the issuance of the
notice of coverage on August 11, 1989, and notice of acquisition on December 12, 1989, the
property is covered under compulsory acquisition. Secondly, Administrative Order No. 1, Series of
1990, Section IV D also supports the DAR position on the coverage of the said property. During the
consideration of the case by the Board, there was no pending petition for land conversion specifically
concerning the parcels of land in question.

On February 19, 1991, the Board sent a notice of hearing to all the parties interested, setting the
hearing for the administrative valuation of the subject parcels of land on March 6, 1991. However, on
February 22, 1991, Atty. Ma. Elena P. Hernandez-Cueva, counsel for SRRDC, wrote the Board
requesting for its assistance in the reconstruction of the records of the case because the records
could not be found as her co-counsel, Atty. Ricardo Blancaflor, who originally handled the case for
SRRDC and had possession of all the records of the case was on indefinite leave and could not be
contacted. The Board granted counsel's request and moved the hearing to April 4, 1991.

On March 18, 1991, SRRDC submitted a petition to the Board for the latter to resolve SRRDC's
petition for exemption from CARP coverage before any administrative valuation of their landholding
could be had by the Board.

On April 4, 1991, the initial DARAB hearing of the case was held and subsequently, different dates
of hearing were set without objection from counsel of SRRDC. During the April 15, 1991 hearing,

he Treason and Sedition Law. In other words, as will later appear, we think that the words of the
accused did not so much tend to defame, abuse, or insult, a person in authority, as they did to raise
a disturbance in the community.

In criminal law, there are a variety of offenses which are not directed primarily against individuals,
but rather against the existence of the State, the authority of the Government, or the general public
peace. The offenses created and defined in Act No. 292 are distinctly of this character. Among them
is sedition, which is the raising of commotions or disturbances in the State. It is a revolt against
legitimate authority. Though the ultimate object of sedition is a violation of the public peace or at
least such a course of measures as evidently engenders it, yet it does not aim at direct and open
violence against the laws, or the subversion of the Constitution. (2 Bouvier's Law Dictionary, 974;
U.S. vs. Abad [1902], 1 Phil., 437; People vs. Cabrera [1922], 43 Phil., 64.)

It is of course fundamentally true that the provisions of Act No. 292 must not be interpreted so as to
abridge the freedom of speech and the right of the people peaceably to assemble and petition the
Government for redress of grievances. Criticism is permitted to penetrate even to the foundations of
Government. Criticism, no matter how severe, on the Executive, the Legislature, and the Judiciary, is
within the range of liberty of speech, unless the intention and effect be seditious. But when the
intention and effect of the act is seditious, the constitutional guaranties of freedom of speech and
press and of assembly and petition must yield to punitive measures designed to maintain the
prestige of constituted authority, the supremacy of the constitution and the laws, and the existence of
the State. (III Wharton's Criminal Law, pp. 2127 et seq.; U.S. vs. Apurado [1907], 7 Phil., 422;
People vs. Perfecto, supra.)

Here, the person maligned by the accused is the Chief Executive of the Philippine Islands. His
official position, like the Presidency of the United States and