Contracts –Waiver of liability for fraud (bar review note) – repost

[originally posted in July, 2009]

Here comes a “movement” that proclaims itself to be “apolitical, inclusive … based on the principle of volunteerism.”  It calls itself AKO MISMO, and it vows the greatest of intentions (to promote “positive change”), but it is run by an advertising agency, DDB Philippines.  A number of celebrities have lent their names and images as supporters of this movement, among them Arnel Pineda (a vocalist), Ely Buendia (a musician), and Maxene Magalona (an actress).

Continue reading “Contracts –Waiver of liability for fraud (bar review note) – repost”

At-will versus security of tenure

Is it all about bargaining power?  Or is it something else?

Bryan Caplan explores.  It is hard to argue against freedom of contract, along with the right to privacy.

Star wars log – betraying the public trust

One fictional case illustrates betrayal of public trust. As argued by the Prosecution:

“The law is a wonderful thing, until it gets twisted into an absurdity. That is why the Civil Code provides: ‘In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.’ (Article 10).

“If we are then to accept the theory of the defense, it is right and just and intended by our lawmakers that public officials take undue advantage of a bank secrecy statute to defeat their basic duty of accountability under the Constitution. That kind of reasoning is in, by, and of itself a betrayal of public trust. That is all.”

Yes, dear Bugs and Elmer. That’s all.

The Dimatulac Files – Sexual harassment and the Azkals

Atty. Dimatulac, of counsel, at the little-known firm of Dimatulac and Calaboso personally took quasi-cognizance of a “feeler” sent by a prominent law firm. He was asked if he would undertake, on a secret subcontract, to defend the famous Filipino soccer team called the Azkals in a sexual harassment suit.

As usual, Atty. D preferred to play golf instead, so he desisted from serious legal research and asked his favorite junior partner Y to do the deed.

Y, when he was studying for the bar, had been given as a study aid a theoretical MCQ that he thought applied to the case. He subsequently informed Atty. Dimatulac that the sexual harassment suit ought to be dismissed for “failure to state a cause of action.”

Atty. D’s reaction: “Unjust vexation” lang?

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Insolvency rules at Hacienda Luisita – questions to ask

In November, 2011, the Supreme Court (SC) ordered Hacienda Luisita Inc. (HLI) to pay farm worker beneficiaries (FWBs) P1.33 billion as their share in the sale by HLI of certain lands covered by the agrarian reform laws.  The SC also ordered that the FWBs be given title to 4,915 ha. of land, subject to just compensation.

To safeguard the interests of the FWBs in the P1.33 billion, the SC ordered the Department of Agrarian Reform (DAR) “to engage the services of a reputable accounting firm approved by the parties to audit the books of HLI and Centennary Holdings, Inc. to determine if the PhP 1,330,511,500 proceeds of the sale of the three (3) aforementioned lots were actually used or spent for legitimate corporate purposes.  Any unspent or unused balance and any disallowed expenditures as determined by the audit shall be distributed to the 6,296 original FWBs.”

A 2010 news report suggests that HLI may already be insolvent.

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1984 in 2011, or How Moore’s Law will break the bank

This is a fictional story of a greedy lobby gone bad. Some parts of the story are either not true or cannot be proved to be true. But the story seems to make sense.

Some foreign investors, sensing that they can put one over the Filipino public, bribed certain legislators and other officials to approve a law that would generate gargantuan profits. For the investors, the bribes were an ordinary cost of doing business to be more than covered by anticipated profits.

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Judicial plagiarism lite – or how to blame Bill Gates over a San Mig Light

What do we call this pesky MS Word mascot?

This is probably a spoof, but it will warm your Clint Eastwood instincts.  Please hand out the peanuts.

Hat tip to Rex Regis, courtesy of a FB post.

But less lightly, how would the MS folks design this thing?  Give an option that says:  “Would you like me to suggest where to put the proper footnote”?  But how would the computer know from where you did the cut-and-paste?  (It would know the file where it came from, or the URL; but then that will need to be reformatted; so the MS folks will have to build in a citation manual into MS Word, or call up an app running on a citation manual.)  Maybe it is doable.  There are enough geeks out there willing and happy to help.  Some Justices are well well ahead of our times.