by Section 1 of Act 1596 in a petition for mandamus to compel the judge of the trial court to certify the bill of exceptions and thereby to include certain facts material to the case. (Per Torres, J., in Leon Briones vs. Juan Garofa, R. G. No. 15692, decided September 5, 1919.)

1. VIOLATION OF GAMBLING LAW: ACT '1757; COLLECTORS OF JUETENG.-Collectors of Jueteng can be convicted of a violation of the Gambling Law, Act 1757, if the proof is sufficient. (Per Malcolm, J., in U. S. vs. Donato Inductivo et al., R. G. No. 14709, decided September 9, 1919.)

2. ID.; ID.; ID.; ASSIGNMENTS OF ERRORS; FAILURE TO OBJECT IN THE TRIAL COURT; ACT 2709.-One of the defendants was discharged and was used as a witness for the government. No formal objection was raised by the defendants, nor was any adverse action taken by the trial court. It was only on appeal that counsel for the defendants first argued against the competency of this witness because of the method taken by the prosecution. Held, that it is an almost universal rule which has found favor in numerous cases in the Philippines that, aside from matters jurisdictional, which can always be raised for the first time on appeal, and aside from a few other exceptions which need not be noticed, questions not raised in the trial court will not be considered on appeal (citing Philippine cases on the subject). An appellate court, strictly speaking, has no question of law to review if the trial court has made no ruling. (Id.)

COLLISION; DAMAGES; PROTEST; MEANING OF THE WORD "COLLISION" IN ARTICLE 835 OF THE CODE OF COMMERCE.-The City of Manila brought an action against the defendants to recover damages sustained by one of its bridges across the Pasig River due to the collision against the said bridge by a lorcha of the defendants. The defendants demurred to the complaint on the ground that the City of Manila made no protest within twenty-four hours as required by Article 835 of the Code of Commerce. The demurrer was overruled and the defendants appealed to this Court and assigned this as one of the errors committed by the trial court.

Held: The article cited refers to collision between vessels and has no reference to a lorcha breaking insecure fastening and drifting against and destroying a permanent bridge. It was not necessary for the plaintiff to present any sworn statement "to the competent authority," and the demurrer is properly overruled. (Per Moir, J., in the City of Manila vs. San Nicolas Iron Works and Bautista, R. G. No. 12704, decided September 11, 1919.)

(Decided by the Supreme Court of Louisiana)

(Reported by A. C.)

1. ADVERSE POSSESSION; SUFFICIENCY OF POSSESSION.-Possession of part of land, with title to the whole, is equivalent in law to the possession of the whole. (Reymond vs. City of Baton Rouge, 82 S. R. No. 2, July 19, 1919, page 74.)

2. MUNICIPAL CORPORATIONS; HIGHWAYS; ESTABLISHMENT BY PRESCRIPTION.-Possession by a city of a strip of land, manifested only by a passing over unfenced land, is equivocal, and cannot serve as a basis for the acquisition by prescription of a servitude of passage, under the, Civil Code, Articles 727 766 and 3500. (Id.)

1. CORPORATIONS; SUBSCRIPTIONS FOR STOCK; ACTION FOR PRICE; DEFENSES.-Fraudulent representations by representative of corporation as to dividends and value of property owned by the corporation may be set up as a defense in an action by the corporation on notes given for stock. (Appalachian Corporation vs. Ayo, 82 S. R. No. 2, July 12, 1919, page 88.)

2. BILLS AND NOTES; DEFENSES; BURDEN OF PROOF.-In an action by an assignee of a note, when defendant proved fraud, which would have been a good defense against the payee, he established a prima facie defense, and cast the burden of proof upon the plaintiff to prove that he was a bona fide holder before maturity and without notice of fraud. (Id.)

CARRIERS; RIDING IN LOCOMOTIVE CAB; LOGGING RAILROAD; ASSUMPTION OF RISK.—Plaintiff, who at one time had been employed to haul logs to defendant's railroad, used for hauling logs to its sawmill, and who was severely injured in a wreck while riding free of charge on defendant's locomotive pulling a heavy log train, held to have "assumed the risk of that mode of travel," so that he could not recover. (Welch vs. Natchez, U. and R. Ry. Co., 82 S. R. No. 3, July 26, 1919, page 196.)

1. LIBEL AND SLANDER; SLANDER OF TITLE; PROBABLE CAUSE -An action for damages for slander of title cannot be maintained if the act complained of was done without malice and was founded by a reasonable belief in a just cause of action. (New Orleans Land Co. vs. Slattery, 82 S. R. No. 3, July 26, 1919, page 215.)

2. ID.; ID.; ADVERSE FINDING.-A plaintiff who has reason to believe that he has a good cause of action is not rendered liable in damages to the person sued by the finding of the court that the plaintiff did not have a good cause of action. (Part of the opinion is omitted.) (Id.)

APPEAL AND ERROR; MOTION TO STRIKE FROM RECORD; RULING. -A rule by defendant appellant to trial judge and clerk of district court to show cause why documents on which judgment purported to be partly predicated and a supplemental statement of facts prepared by trial judge should not be stricken from transcript because documents were not filed in evidence on trial and statement of facts was filed after appeal had divested trial judge of jurisdiction should be refused without prejudice to the argument upon the merits, where appellee had not been called upon to meet appellant's alternative demand for a remand for a trial de novo. (Sample vs. Brockenton, Id., page 216.)

ALUMNI NEWS

1915

Sabino Padilla has recently been appointed special attorney in the Bureau of Justice.

1916

Francisco Lavides, former private secretary to Mr. Justice Malcolm, is now working in the law firm, "Cohn and Fisher."

1917

Lorenzo D. Licup has been appointed Law Clerk in the Office of the City Fiscal. Pedro Y. Ylagan's resignation as Secretary of the Law Faculty and Instructor in Law in the College of Law, was recently approved by the Board of Regents. He is now practising law with Profs. De Joya and Espíritu. He is also teaching in the Philippine Law Schools.

1918

Mariano Ampil is acting chief of the Law Division in the Bureau of Audits.

Gil Balagot is working in the Bureau of Lands as assistant chief of the Law Division.

José G. Domingo has opened his law office in the Cosmopolitan Building. Alejo Labrador is now occupying the position of the chief of the Law Division in the Bureau of Internal Revenue.

The transfer of Ramón R. San José from the Office of the President of the Senate to the Bureau of Justice was recently requested by the Attorney-General, authorized by President Quezon and approved by the Secretary of Justice.

1919

Dionisio de Leon has been designated as the successor of Mr. Ylagan in the position of Secretary of the Law Faculty.

Thirty-six' alumni have successfully passed the last bar examinations and are now entitled to practise the noble profession of the law in all the courts of these Islands. Their names and ratings follow: