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Judgment Rendered Through Negligence



ART. 205

Elements:
1. That the offender is a judge;
2. That he renders judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or ignorance.

MANIFESTLY UNJUST JUDGMENT – manifestly
contrary to law that even a person having meager
knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment

A manifestly unjust judgment is one which is so manifestly contrary to law
that even a person having a few knowledge of the law cannot doubt
the injustice.

Louis Vuitton SA v. Judge Villanueva
   The Supreme Court held that a judgment is said to be unjust when it is
   contrary to the standards of conduct prescribed by law. The test to
   determine whether an order or judgment is unjust maybe inferred from the
   circumstances that it is contrary to law or is not supported by evidence.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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