If after the death of the testator or owner of the property from whom the heirs claim their right, the said property is held in quiet possession for more than 30 years by one of the co-heirs only in his individual right and not in the name and for the interests of all the heirs, without having been disturbed in that possession by any claimant or other supposed heir, the right of action of the other heirs will be barred by prescription, notwithstanding the provision of Article 1965 of the Civil Code. (Per Araullo, J., in De los Santos ". Santa Teresa, G. R. No. 12252, Decided Jan. 8, 1918.)

(Decisions of the Supreme Court of Porto Rico.)
(REPORTED BY A. L.)

PENAL LAW, CONSPIRACY; INFORMATION ALLEGING MUTUAL ACCORD TO ADMIT CANDIDATES SUFFICIENT.-The accused were members of the Board of Pharmaceutical Examiners, and were charged with mutually agreeing and combining to approve the admission of certain candidates unqualified for the profession on account of lack of sufficient knowledge. The criminal act alleged were the furnishing of answers to the questions to be asked on the examination to the candidates, who were to present the same to be thereafter rated. It was alleged that these acts were prejudicial to public health and tended to pervert the due administration of the laws, being an unlawful award of authority and permission to practice the profession of pharmacist. Held: That the object of the conspiracy was to give degrees corruptly and unlawfully to persons incapable, and that in accordance with Articles 62 and 63 of the Penal Code, the information was sufficient, the allegation and proof of the giving of the degrees to the candidates and their admission to the profession not being necessary. It is sufficient in a prosecution for conspiracy to allege acts which tend to the realization of the object of the conspiracy. (El Pueblo r. Julia, Decided May, 1917.)

ID.; ID.; CIRCUMSTANTIAL EVIDENCE SUFFICIENT.-The giving of the answers to the question to the candidates not qualified is a strong circumstancial evidence of the conspiracy. It is not necessary to prove the conspiracy itself, because, generally, it would be impossible to prove it by direct evidence, taking into account the secrecy with which they are always carried out. In such cases, the proof or evidence generally consists in the inferences or deductions made from the acts committed, and it would be sufficient if it can be proved that some of the accused committed some of the acts alleged and the others other acts, all tending to the execution of the same plan. (Id.)

CRIMINAL PROCEDURE; INCEST; MANNER OF COMMISSION NEED NOT BE ALLEGED.-An information charging the accused with having committed incest, by co-habitation and sexual intercourse with his sister is sufficient, though

couched in general terms, without necessity of expressing the form and manner in which the acts alleged were carried out. These things are more properly the subject of evidence. (El Pueblo v. Muñoz, Decided May, 1917.)

CIVIL LAW; FILIATION; RECOGNITION OF NATURAL CHILDREN AS A CONSEQUENCE OF RAPE, SEDUCTION OR ABDUCTION.-In accordance with Article 135 of the Spanish Civil Code (same article as that enforced in the P. I.), which was in force in Porto Rico until July 1, 1902, and Article 468 of the Penal Code (corresponding to Art. 449, Par. 2 of the one enforced in the P. I.) to which said Article 135 refers, in a suit against the father for recognition based upon the rape, seduction or abduction by the father, if there be no continuous possession of status or instrument recognizing the natural child, it is an essential and indispensable requisite for the action to prosper, that there be a final sentence condemming the defendant in a prosecution for any of the said offenses. (Gonzalez v. Sucn. Canals, Decided June, 1917.)

CIVIL LAW; CONJUGAL PARTNERSHIP; AUTHORITY OF WIFE TO BIND PARTNERSHIP.-The wife must be authorized by the husband, who is the administrator of the conjugal partnership, in order to be able to bind it for the payment of medical services rendered to a daughter who has been freed from the parental authority by reason of marriage she, (the daughter) having formed another conjugal partnership with her husband. (García v. Costa et al., Decided June, 1917.)

COMMERCIAL LAW; TRANSFER OF NEGOTIABLE CREDITS; CONSENT OF DEBTOR NOT NECESSARY.—In a suit for the recovery of commercial credits transferred to the plaintiff, the omission in the complaint of an allegation that notification has been made and that demand has been refused, is not fatal to the action. Article 347 of the Code of Commerce (same as in P. I.) provides that such credits may be assigned without the consent of the debtor, and the purpose of the requirement that notification should be made to him is only to prevent double payment. The Code does not require it as essential to the bringing of the suit. (Espinet v. Alvarez, Decided June 1917.)

ATTORNEYS; DISBARMENT; COMMISSION OF FALSEHOOD AS NOTARY PUBLIC.—An attorney who, by the privilege conferred by his membership of the bar, to act as notary, declares that a person expressed his last will before him, when as a matter of fact such person was dying and did not and could not express his last will, should not be allowed to continue practicing his profession. Torregrosa, defendant, Decided July, 1917.

(In. Re

ID.; ID.; COMMISSION OF MISDEMEANER SUFFICIENT CAUSE.When a misdemeaner, whether it involves moral turpitude or not, is committed by a lawyer in connection with the exercise of his profession, and such lawyer is delcared guilty of the offense, he may be suspended or disbarred by the Supreme Court. (In Re Abella, Defendant, Decided July, 1917.)

PROPERTY; EASEMENT OF WAYS.-The fact that the dominant estate has another way for the transportation of its products without passing on the servient estate, is no impediment for the owner of the dominant estate to continue passing over the servient estate, if such easement had been given by the last owner of the servient estate. (Hijos de J. Bird Leon v. Luiña, Decided July 1917.)

CONSTITUTIONAL LAW; UNITED STATES CITIZENSHIP GRANTED TO PORTO RICANS BY JONES LAW; RIGHT TO GRAND JURY GRANTED. -The grant of citizenship collectively to the inhabitants of the Commonwealth of Porto Rico by Article 5 of the Jones Law to the effect that "all the inhabitants of Porto Rico are hereby declared citizens of the United States and are to be considered as such", has converted this Organic Territory into an Incorporated Territory, and therefore the Constitution is now in full force and effect, and with it, the fifth amendment thereto granting the right to trial by grand jury in cases of felonies. (Muratti v. Foote, Judge of District, Decided July, 1917.)

Alexander Reyes, until recently a law clerk in the office of the Fiscal for the City of Manila is now acting Provincial Fiscal for the province of Benguet. He is stationed at Baguio.

Fernando Jugo has been transferred from the Bureau of Internal Revenue where he has been serving as an Assistant Clerk to the City Fiscal's Office to fill the vacancy left by Alexander Reyes.

1916

Fabian de la Paz is now a prosperous practicing attorney in Jolo. He came to Manila very recently to purchase legal books and other office supplies and equipments.

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