ID.; ID.; ORDINANCES; PANGUINGUE.—Panguingue is not a game of chance or of hazard and is not prohibited by Act 1757.

ID.; ID.; ID.; ID.-Panguingue is, however, in one sense a species of gambling which Municipalities can restrain, suppress or control, by the exercise of the police power. (U. S. v. Salavería, R. G. No. 13678, Nov. 12, 1918.)

This is a case where upon examination of the record, it was discovered that the decision of the lower court had become final before the appeal had been perfected. 1. COURTS OF APPEAL; JURISDICTION; RIGHT TO EXAMINE THE RECORD TO DETERMINE JURISDICTION.-Appellate courts have a right to examine the record for the purpose of determining whether they have jurisdiction or not, even though that question has not been raised.

2. BILL OF EXCEPTIONS; WHEN SHOULD IT BE PRESENTED IN ORDINARY ACTIONS.—In ordinary actions the defeated party has:

a.-Thirty days within which to present a motion for a new trial;

b. That after notice of the ruling upon his motion, he has five days within which to present "notice of his intention to present a bill of exceptions";

c. That after presentation of "notice of his intention to present a bill of exceptions" he has ten days within which to present a bill of exceptions;

d. That failure to comply with any of the foregoing requirements, within the various periods mentioned, will cause the judgment to become final, upon which a writ of execution may issue, and the presentation of the bill of exceptions thereafter will not give the appellate court jurisdiction;

e. That each and all of said periods may be extended by order of the court upon application made prior to the expiration of the original period. (Man Layda vs. Higino Legazpi et al., R. G. No. 12133, Nov. 12, 1918.)

A collision occurred between the launch "Active," owned by the plaintiff, and a scow towed by the government launch "Bohol." In the Court below it was shown that there was negligence on the part of the patron of the "Bohol" and no negligence on the part of the patron of the "Active." The question presented is whether the judgment for legal interest and costs included in the judgment for damages may be rendered against the Government of the Philippine Islands.

DAMAGES; LEGAL INTEREST AGAINST THE GOVERNMENT; COSTS. -It is the undoubted law that the Government of the Philippine Islands never pays interest unless it expressly engages to do so. (Angarica vs. Bayard, 127 U. S. 257.) The rule is equally well established that the State (here the Government of the Philippine Islands) is not liable for costs unless the statute expressly makes it so. Judgment for damages affirmed. (Marine Trading Co. vs. Government of the Philippine Islands, R. G. No. 13422, Nov. 8, 1918.)

ALUMNI

(Alumni are requested to contribute to this department)

Jorge B. Vargas has been appointed Assistant Secretary to the Independence Commission.

1916

Dean Conrado Benitez of the College of Liberal Arts will leave for the United States as a member of the Independence Commission. He will represent the University with Dean Jorge Bocobo of the College of Law.

Fidel Ibañez has been recently promoted to the position of Chief of the Law Division of the Bureau of Lands.

1918

Alejo Labrador is now Assistant Chief of the Law Division of the Bureau of Lands.

DEAN BOCOBO GOING TO THE UNITED STATES

The Philippine Islands is approaching another crisis in her national development. Since the dawn of national sentiment in the Philippines, there never was a more propitious opportunity for the acquisition of her independence than it is to-day.

The Philippine Islands has passed her own trials and ordeals, but after every travail she has emerged more prosperous and more progressive than ever before. But although the present state of affairs is a natural denouement of the inherent possibilities of our race, it is to a very great extent due to the opportunities which the Americans have given us. For every concession of greater freedom, the Philippines has answered with long strides toward progress. It is, therefore, to be expected that with the granting of our independence, the rapid development and unfolding of the Filipino nation will yet to be seen.

To request that the Philippines be given her immediate independence, the Filipino people is sending to the United States a committee of twenty-five persons, representing various entities and institutions. Only important institutions are represented. The importance of the University of the Philippines is made evident by the appointment of five of her professors. Dean Jorge Bocobo has been appointed, thus giving recognition not only to the College of Law, which ranks first among the colleges of its kind in the Philippine Islands, if not in the Orient, but also to the man himself, who is conversant with the affairs of his country.

We wish our Dean Bocobo and Professors Paredes and Kalaw bon voyage!

ANNUAL LAW DANCE

The annual dance of the College of Law was held in the Masonic Temple last Saturday, November 16. As was expected, there was a big crowd. Selected ladies from the Normal Hall, Wilson Hall, St. Mary's Hall, Instituto de Mujeres, and from other places honored the occasion with their presence. From the very first piece to the last, the enthusiasm never flagged. By some it was pronounced a success; if success there was, it was due to the zeal of the committee in charge of the affair.

COLLEGE OF LAW DAY

The College of Law Day was held on November 28, under the most favorable auspices. The weather was exceptionally inviting, and no wonder there was a big crowd to witness the celebration of the faculty, alumni and law students. History repeats itself. As in the previous years, beautiful ladies from various dormitories and elsewhere were there eager to see how law students fare in athletics.

After the military review, the athletic games took place. Interspersed in the numbers of the program, the College of Law Glee Club rendered open air

songs.

Animated by the lively strains of the Faculty Band and the cheers and songs of the respective classes, the representative athletes fought hard to win the honors. From the onset to the last, however, the Juniors proved themselves superior, and the first place they easily won. The Freshmen beat the Sophomores for the second place by only one point.

After the athletic games, the lunch was served under the cool shade of the acacia trees. The soft breezes which neutralized the heat of the day, the young ladies who honored the occasion, and the abundant food prepared for the occasion, all contributed to give everybody a good time. At about one o'clock, the crowd began to disperse away.

But that was not all. At about four o'clock in the afternoon, the University Hall was filled with law students and their friends. The té dansant scored a success, and the young ladies and gentlemen, eager for pleasure, danced to their hearts' content.

Thanks to the activity of Secretary Ylagan and his helpers, everybody enjoyed a happy time. Now all is over; but already we long again for the next College of Law Day.

PHILIPPINE LAW JOURNAL

Vol. V

JANUARY, 1919

No. 6

A COMPARATIVE STUDY OF THE STAGES IN THE LIFE OF A CONTRACT UNDER THE SPANISH LAW AND THE AMERICAN LAW

BY FELIX B. Bautista, B.A., LL.B.

(Continued from December number.)

CHAPTER IV

CONSUMMATION (SPANISH LAW)-DISCHARGE (AMERICAN Law)

I. ((a) Spanish Concept of Consummation.-Consummation "is the extinc tion of the obligation, due to the fulfillment of the obligation produced." (8 Manresa 618.) The consummation of contractual obligations is realized by the compliance of their object which is at the same time the object of the contract, and its effects are two: Positive and Negative, to wit:

(1) The compliance of the prestations and the effectiveness of the reciprocal rights which form the contractual obligatory relation;

(2) The extinguishment of the relation, re-establishing the parties which maintained it to the state of liberty or independence which they were enjoying at the time of the execution of the contract. (IV Sanchez Roman 249.)

From the above concept of consummation, it may be stated, therefore, that Consummation "is that period of the life of a contract wherein the rights and obligations emanating therefrom are extinguished either by the performance of the end in view, by the agreement of the parties, or by other means provided for by law.

(b) American Concept of Discharge.-The discharge of contract is the stage wherein the contract is terminated, or the contractual obligations are discharged, either by its due performance or by some other ways prescribed by the parties them. selves or by operation of law. (Elliott on Contracts, Vol. III, sec. 1856.)

II. Kinds of Consummation under Spanish Law.—The modes of consummation, according to article 1156 of the Civil Code, are of six kinds: By payment or compliance of the obligations, by the loss of the thing due, by remission of the debt, by the merging of the rights of the creditors and debtors, by compensation and by novation. As there are other kinds of consummation besides those mentioned above, and in order to specify them all with clearness and distinction we will reduce