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Feb 05 2008

Results of the 2007 Philippine Bar Exams

There are rumors that the results of the 2007 bar exams will be released in February 2008 (while others say it’s March). In the days to come, there will be more “rumors” as to when the 2007 results will be released. These rumors only add to the examinee’s agony of waiting for the bar results. […]

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Feb 02 2008

Writ of Habeas Data: Questions and Answers

What is the writ of habeas data? It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data […]

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Jan 30 2008

Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)

ADMINISTRATIVE CIRCULAR No. 08-2008 TO : ALL JUDGES SUBJECT : GUIDELINES IN THE OBSERVANCE OF A RULE OF PREFERENCE IN THE IMPOSITION OF PENALTIES IN LIBEL CASES. Article 355 of the Revised Penal Code penalizes libel, committed by means of writing, […]

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Jan 28 2008

Branches of the Philippine Government: Separation of Powers

The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. […]

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Jan 26 2008

Last Will and Testament: Basic Discussion

The settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties […]

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Jan 23 2008

Love and Law

It may seem improper to talk about love in a legal forum, particularly considering that among the most popular articles relate to annulment, legal separation and divorce. Still, Valentines, February 14, is just around the corner and there could be no serious objections why we could not talk about this “gentle and universal emotion.” Besides, […]

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Jan 21 2008

Checkpoints and the right against unreasonable search and seizure

A checkpoint is something that motorists have to contend with. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and extortion practiced upon […]

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Jan 18 2008

The Basic Elements of Contracts

If a contract brings you to court, it’s a poorly-prepared contract. The rationale for this statement is this — if the rights and obligations of the parties are clearly provided and defined, there’s a lesser chance of misinterpretation. This, of course, is not necessarily true. Even a carefully drafted contract, prepared by the big law […]

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Jan 17 2008

A No-Nonsense Court Management

While managing a court effectively is no rocket science, neither it is to be taken lightly. If you are a judge or a court official, you have been appointed exactly to the position you desired. And here are your basic duties: 1) Remember why courts exist The purposes of […]

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Jan 09 2008

Cases on the National Identification (ID) System — Part 2

This is the second part (read part 1 here) of our discussion relating to the recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the […]

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Jan 09 2008

Cases on the National Identification (ID) System

The recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.” In the second case, Kilusang Mayo Uno vs. Director-General […]

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Dec 23 2007

A Merry Christmas and Prosperous New Year to Everyone

Another year has passed and, with it, the hope that each one’s hard work will soon bear fruit. This is also another opportunity for everyone to give thanks for all blessings, big or small. For our part, we express our appreciation to our clients, individual and corporate, who have given us their trust and confidence […]

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Dec 17 2007

Forms of Business: Sole Proprietorship, Partnership, Corporation

After deciding to start a business (and the particular business to pursue), one of the important issues is the form of business entity that will serve as the vehicle in pursuing the business. You may say that the next important issue is the source of funding, which is correct, but that issue will be discussed […]

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Dec 17 2007

Jurisdiction of Philippine Courts

Jurisdiction sounds a bit intimidating for the layman, specially if you add “court” to it. This is particularly true if there’s a “foreign element,” such as in contracts, where a particular aspect of the contract — whether in its nature, negotiations, execution, performance or breach — is done or governed in a territorial jurisdiction outside […]

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Nov 28 2007

Venue of Petitions for Annulment or Declaration of Nullity

One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void […]

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Nov 28 2007

Rule on declaration of absolute nullity of void mariages and annulment of voidable marriages

A.M. No. 02-11-10-SC RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES R E S O L U T I O N           Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval […]

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Nov 03 2007

SC rejects change of name and gender by reason of sex reassignment surgery

This is a digest of Rommel Jacinto Dantes Silverio vs. Republic (G.R. No. 174689, 22 October 2007), wherein the petitioner sought to have his name in his birth certificate changed from “Rommel Jacinto” to “Mely,” and his sex from “male” to “female”, after having undergone sex reassignment surgery. Facts: The petitioner alleged that his name was […]

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Oct 26 2007

Credit Cards and Access Devices Regulation: Explained

What is the “Access Devices Regulation Act of 1998″? It is Republic Act No. 8484, which is an act regulating the issuance and use of access devices and prohibiting the fraudulent acts committed relative thereto, among others. By enacting this legislation, the State recognizes the recent advances in technology and the widespread use of access devices […]

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Oct 21 2007

JLP-Law is looking for another Associate

JLP Law is in need of another Associate. Please send your resume, with cover letter and transcript of grades, to this address or through email. Thank you. associate, law, law office, philippinesCopyright © 2007 Philippine e-Legal Forum. This Feed is for personal non-commercial use only. If you are not reading this material in your news aggregator, the […]

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Oct 21 2007

Rule on DNA Evidence (A.M. No. 06-11-5-SC; full text)

(The use of DNA in cases gained popularity in recent years. It is used not only in criminal cases, but also in paternity disputes. This month, the Supreme Court issued the Rule on DNA Evidence, through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is reproduced below.) RULE […]

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Oct 10 2007

Conjugal Partnership of Gains: Property Relations in Marriage

We previously noted that we are breaking down the discussion on the property relations of the spouses during marriage, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of marriage; […]

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Oct 08 2007

Senate Bill 1210: Penalizing the failure to report acts of hazing

Senator Miriam Defensor Santiago filed a bill to amend the Anti-Hazing Law, seeking to penalize the failure to report acts of hazing. The amendment contained in Senate Bill No. 1210 proposes to incorporate a new subsection, Article 4-A, to read as follows: Any person who knows that another person is the victim of hazing and is […]

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Oct 08 2007

The Truth in Lending Act explained

What is the “Truth in Lending Act”? It is Republic Act No. 3765, which is an act requiring the disclosure of finance charges in connection with the extention of credit. What is the policy behind the Truth in Lending Act? The declared policy behind the law is to protect the people from lack of awareness of the true […]

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Oct 04 2007

People vs. Claudio Teehankee, Jr. (Case Digest)

(This is a digest of People vs. Claudio Teehankee, Jr., G.R. Nos. 111206-08, 6 October 1995) The facts: In 1991, Jussi Olavi Leino was taking Maureen Hultman to her home at Campanilla Street, Dasmariñas Village, Makati. Roland John Chapman went with them. When they entered the village, Maureen asked Leino to stop about a block away from […]

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Sep 28 2007

System of Absolute Community: Property Relations in Marriage

We previously noted that we are breaking down the discussion on the property relations of the spouses during marriage, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of […]

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Sep 27 2007

Writ of Amparo: Questions and Answers

What is the writ of amparo? It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances […]

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Sep 27 2007

Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)

(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of […]

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Sep 22 2007

Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage

What are the differences between absolute community, conjugal partnership of gains, and complete separation of property? Somebody asked this question some time ago, but we were not able to immediately post a discussion on this matter due to heavy law office work. This is also the same reason why we are constrained to break down […]

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Sep 17 2007

Preliminary Investigation in Criminal Cases

At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary in criminal cases” does not imply that there’s a preliminary investigation in civil cases — there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, it’s […]

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Sep 13 2007

People of the Philippines vs. Joseph Ejercito Estrada, et al. (Sandiganbayan, Criminal Case No. 26558 [for Plunder], 12 September 2007)

(This is a digest of the Plunder Case against former President Joseph Estrada, Senator Jinngoy Estrada and Atty. Edward Serapio. The findings of facts will be covered in subsequent posts.) BASIC FACTS In 2001, an Information for plunder was filed against former President Joseph Ejercito Estrada (“FPres. Estrada”), together with Jose “Jinggoy” Estrada, Charlie ‘Atong” Ang, Edward […]

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Sep 11 2007

The Plunder Law: R.A. 7080 (full text)

(There is already a discussion on the Philippine Plunder Law. Nevertheless, for the convenience of everyone, the full text of the law is reproduced below) Republic Act No. 7080 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER Section 1. Definition of terms. As used in this Act, the term — 1. “Public Officer” means any person holding […]

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Aug 03 2007

Emergency powers of the President

There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof. Emergency, as a generic term, connotes the existence of conditions suddenly […]

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Jul 21 2007

Writ of Amparo

Concerned about the growing number of cases of disappearance in the country, the Supreme Court (SC) now contemplates introducing the writ of amparo into the legal system to give more protection to constitutional rights of a person as the petition for habeas corpus has proved not very effective remedy in compelling the state to produce […]

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Jul 18 2007

The Law on Plunder

We all know that the case of plunder against former President Joseph Estrada was already submitted for decision. We obviously can’t discuss the merits of the case, as this is sub judice. We don’t want to add to the controversy brought about by the “Erap: Guilty or not Guilty” ads realeased days ago. For everyone’s […]

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Jul 16 2007

Arson with quadruple homicide and robbery: Is it a complex crime?

During our final examination in Criminal Law II last semester in Harvardian College of Law (Pampanga), the following question was asked: Harry, an overseas contract worker, arrived from Saudi Arabia with considerable savings. Knowing him to be “loaded,” his friends Jason, Manuel and Dave invited him to a poker session at a rented beach cottage. When […]

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