CRIMINAL LAW

it complies with the rules on admissibility prescribed by the Rules of Court and related laws, and is
authenticated in the manner prescribed by the said Rules. An electronic document is also the equivalent
of an original document under the Best Evidence Rule, if it is a printout or output readable by sight or
other means, shown to reflect the data accurately.

Thus, to be admissible in evidence as an electronic data message or to be considered as the functional

equivalent of an original document under the Best Evidence Rule, the writing must foremost be an
"electronic data message" or an "electronic document."

In an ordinary facsimile transmission, there exists an original paper-based information or data that is
scanned, sent through a phone line, and re-printed at the receiving end. Be it noted that in enacting the
Electronic Commerce Act of 2000, Congress intended virtual or paperless writings to be
the functional equivalent and to have the same legal function as paper-based documents. Further, in a
virtual or paperless environment, technically, there is no original copy to speak of, as all direct printouts of
the virtual reality are the same, in all respects, and are considered as originals. Ineluctably, the law's
definition of "electronic data message," which, as aforesaid, is interchangeable with "electronic
document," could not have included facsimile transmissions, which have an original paper-based copy as
sent and a paper-based facsimile copy as received. These two copies are distinct from each other, and
have different legal effects. While Congress anticipated future developments in communications and
computer technology when it drafted the law, it excluded the early forms of technology, like telegraph,
telex and telecopy (except computer-generated faxes, which is a newer development as compared to the
ordinary fax machine to fax machine transmission), when it defined the term "electronic data
message."We, therefore, conclude that the terms "electronic data message" and "electronic document,"
as defined under the Electronic Commerce Act of 2000, do not include a facsimile transmission.
Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the functional
equivalent of an original under the Best Evidence Rule and is not admissible
of the former Rules of Court provided:

How to compute ti

lature sometimes adopts rules of statutory construction as part of the provisions of the statute: - see
examples page 49-50

Legislature also defines to ascertain the meaning of vague, broad words/ terms

The Constitutional Assembly must have known that a corporation sole is:

1. composed of only one persons, usually the head or bishop of the diocese, a unit which is not
subject to expansion for the purpose of determining any percentage whatsoever

2. only the administrator and not the owner of the temporalities located in the territory comprised by
said corporation sole and such temporalities are administered for and on behalf of the faithful
residing in the diocese or territory of the corporation sole

3. has no nationality and the citizenship of the incumbent and ordinary has nothing to do with the
operation, management or administration of the corporation sole, nor effects the citizenship of the
faithful connected with their respective dioceses or corporation sole.

In view of these peculiarities of the corporation sole, it would seem obvious that when the specific
provision of the Constitution invoked by respondent Commissioner (section 1, Art. XIII), was under
consideration, the framers of the same did not have in mind or overlooked this particular form of
corporation. If this were so, as the facts and circumstances already indicated tend to prove it to be so,
then the inescapable conclusion would be that this requirement of at least 60 per cent of Filipino capital
was never intended to apply to corporations sole.

B. PURPOSE OF CONSTRUCTION

1. CITY OF BAGUIO vs. MARCOS; G.R. No. 26100, 28 February 1969

-mere push or shove (People vs Sabio)

Retaliation – not self-defense

-aggression that was begun by injured party has already ceased when accused
attacked him
-(self defense – aggression was still existing)
-unlawful aggression on part of accused
-aggression by injured party – mitigating
e—In computing any period of time prescribed or allowed by these rules, by order of court,
or by any applicable statute, the day of the act, event, or default after which the designated
period of time begins to run is not to be included. The last day of the period so computed is
to be included, unless it is a Sunday or a legal holiday, in which event the time shall run until
the end of the next day which is neither a Sunday nor a holiday.

5. EFFECTIVITY OF LAWS UNTIL REPEALED

a.) Concept of Temporary Statutes

Permanent and temporary statutes

 Permanent - one whose operation is not limited in duration but continues until
repealed.

Temporary - duration is for a limited period

Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

in Australia controlled by the International Transport Federation (ITP)

where the ITF could detain the vessels unless it paid its season ITF rates. The
facts showed that when the seamen boarded the vessel M/T Jannu, there was
no intention to send their ship to Australia but would trade in Carribean
ports only. The agent of the owner of the vessel agreed to a 25% increase, but
when the vessel arrived in Japan shortly afterwards, the seamen were
repatriated to Manila and their contracts terminated.

The seamen (private respondents) filed a complaint for illegal dismissal

with the National Seamen Board. The NSB rendered a decision declaring
that the seamen breached their employment contracts when they
demanded and received from Vir-Jen Shipping

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Act No. 3135 a foreclosure petition of the mortgaged lots. The lots were
sold or auctioned off with PNB as the highest bidder. A Final Deed of Sale
and a Certificate of Sale was executed in favor of the petitioner. The final
Deed of Sale was registered in Registry of Property. Inasmuch as the
respondent did not buy back the lots from PNB, PNB sold on the same in a
"Deed of Conditional Sale". The Notices of Sale of foreclosed properties
were published on March 28, April 11 and April 12, 1969 in a newspaper.

Respondent brought a complaint for the reconveyance of the lands, which

the petitioner allegedly unlawfully foreclosed. The petitioner states on the
other hand that the extrajudicial foreclosure, consolidation of ownership,
and subsequent sale were all valid.

The CFI rendered its Decision; the complaint against the petitioner was
dismissed.

Unsatisfied with the judgment, respondent interposed an appeal that the

lower court erred in holding that there was a valid compliance in regard to
the required publication under Sec. 3 of Act. 3135.

Respondent court reversed the judgment appealed from by declaring void,

inter alia, the auction sale of the foreclosed pieces of realty, the final deed
of sale, and the consolidation of ownership. Hence, the petition with SC for
certiorari and intervention.

Issue:

WON the required publication of The Notices of Sale on the foreclosed

properties under Sec. 3 of Act 3135 was complied.

Ruling:
No. The first date falls on a Friday while the second and third dates are on
a Friday and Saturday, respectively. Section 3 of Act No. 3135 requires that
the notice of auction sale shall be "published once a week for at least three
consecutive weeks". Evidently, petitioner bank failed to comply with this
legal requirement. The Supreme Court held that:

The rule is that statutory provisions governing publication of notice of

mortgage foreclosure sales

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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Klsdjfklsdaf
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

Asf

Klsdjfklsdaf

CRIMINAL LAW
Criminal Law, defined.
Criminal law is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment. (12
Cyc. 129)
Crime, defined.
Crime is an act committed or omitted in violation of a public law
forbidding or commanding it. (I Bouvier's Law Dictionary, Rawle's
Third Revision, 729)
Sources of

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