What are the basic features of the present income tax system

TAXATION QUESTION 1996

SUGGESTED ANSWER:

Our present income tax system can be said to have the following basic features:

(a) It has adopted a COMPREHENSIVE TAX SITUS by using the nationality, residence, and source rules. This makes citizens and resident aliens taxable on their income derived from all sources while non-resident aliens are taxed only on their income derived from within the Philippines. Domestic corporations are also taxed on universal income while foreign corporations are taxed only on income from within.

(b) The individual income tax system is mainly PROGRESSIVE IN NATURE in that it provides a graduated rates of income tax. Corporations in general are taxed at a flat rate of thirty five percent (35%) of net income.

(c) It has retained MORE SCHEDULAR THAN GLOBAL FEATURES with respect to individual taxpayers but has maintained a more global treatment on corporations.

Distinguish Bar by prior judgment from conclusiveness of judgment

REMEDIAL LAW QUESTION 1997

SUGGESTED ANSWER:

Bar by prior-judgment is the doctrine of res judicata, which bars a second action when there is identity of parties, subject matter and cause of action. (Sec. 49[b] of former Rule 39; Sec, 47 [b] of new Rule 39).

Conclusiveness of judgment precludes the relitigation of a particular issue in another action between the same parties on a different cause of action. (Sec. 49 [c] of former Rule 39; sec. 47 [c] of new Rule 39).

What do you understand by the term “commercial transaction”? Is it essential that at least one party to a contract be a merchant in order to consider such a commercial transaction?

MERCANTILE LAW QUESTION 2003

SUGGESTED ANSWER:

A “Commercial transaction” is defined as ...... It is not essential that at least one party to the commercial transaction be a merchant. What is essential is that the transaction evince an intent to engage in commerce or trade

What are the different schools of thought or theories in Criminal Law and describe each briefly and to what theory does our Revised Penal Code belong?

CRIMINAL LAW QUESTION 1996

SUGGESTED ANSWER:

1. There are two schools of thought in Criminal Law, and these are (a) the CLASSICAL THEORY, which simply means that the basis of criminal liabilities is human free will, and the purpose of the penalty is retribution which must be proportional to the gravity of the offense; and (b) the POSITIVIST THEORY, which considers man as a social being and his acts are attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the underlying reasons would be inquired into.

2. We follow the classical school of thought although some provisions of eminently positivist in tendencies, like punishment of impossible crime, Juvenile circumstances, are incorporated in our Code.

How would you compare the Civil Law system in its governance and trend with that of the Common Law system?

CIVIL LAW QUESTION 1997

SUGGESTED ANSWER:

As regards "governance": Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law.

As regards "trend": Civil law is now tending to rely more and more on decisions of the courts explaining the laws. Common law is now codifying laws more and more. So they are now merging towards similar systems.

Additional Answers:

1. COMMON LAW refers to the traditional part of the law as distinct from legislation; it refers to the universal part of law as distinct from particular local customs (Encyclopedia Americana, Vol. 7). On the other hand, CIVIL LAW is understood to be that branch of law governing the relationship of persons in respect of their personal and private interests as distinguished from both public and international laws.

In common law countries, the traditional responsibility has for the most part been with the judges; in civil law countries, the task is primarily reposed on the lawmakers. Contemporary practices, however, so indicate a trend towards centralizing that function to professional groups that may indeed, see the gradual assimilation in time of both systems. [Vitug, Civil. Law and Jurisprudence, p. XX)

2. In Civil Law, the statutes theoretically take precedence over court decisions interpreting them; while in Common Law, the court decisions resolving specific cases are regarded as law rather than the statutes themselves which are, at the start, merely embodiments of case law. Civil Law is code law or written law, while Common Law is case law. Civil Law adopts the deductive method - from the general to the particular, while the Common Law uses the inductive approach ¬from the particular to the general. Common Law relies on equity. Civil Law anchors itself on the letter of the law. The civilists are for the judge-proof law even as the Common Law Is judge-made law. Civil Law judges are merely supposed to apply laws and not interpret them.

THE 2010 BAR EXAMINATIONS

This coming September 2010,

Its four Sundays; 5th, 12th,19th, and 26th.

Shall test the future lawyers of this country

What they have learned in the past four years.

The Bar examinations is the last hurdle of law students before their admission to the bar.

Every year, students and alumni from different law schools

Gather in front of De La Salle University to show their support to their barristas.

Up to the last Sunday, which they call the BAR OPS

I have a friend from my hometown

who had been preparing for this for almost a year now.

I hope and pray that he will make it on his first try.

But I wish also good luck those 3 of my other pals who never made it, hope they can make it next time.

GOT SUSPENDED AS SPAM?!

What a sigh of relief.

Two days ago, right after I made my first post,

This blog was SUSPENDED for some reason I do not know.

Then, the next morning, I received an email informing me that my blog was flagged as a SPAM BLOG.

WHAT?! A spam blog?!

You got to be kidding me.

So I try to verify my account and my identity

To Prove that I am not a BOT.

Later in the afternoon, I received an email restoring the status of my blog.

But It took almost 24 hours to access my blog.

But then again, I was thankful to the admin for lifting such restriction.

SO HERE I AM AGAIN!