Special Visa for Employment Generation (SVEG): A Primer
Thursday, November 20th, 2008On 17 November 2008, President Gloria Macapagal-Arroyo issued Executive Order No. 758 (full text), providing for a Special Visa for Employment Generation (SVEG) that would allow foreign investors to stay indefinitely in the Philippines under certain re…
Legal Status of Parcels of Land in Boracay
Friday, November 7th, 2008If you’re planning to purchase or deal with land located in Boracay, you may want to check on two things: (1) whether the parcel of land belongs to the portion already declared as agricultural, as this is the only portion which may be alienated or di…
Cooperatives in the Philippines: An Introduction
Thursday, October 16th, 2008A cooperative is a duly registered association of persons with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable to contribution to the capital required and accepting a f…
Primer on the President’s power to grant Pardon
Wednesday, October 8th, 2008What is pardon?
Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the pri…
Basic Q&A on the Rule of Procedure for Small Claims Cases
Thursday, October 2nd, 2008The Supreme Court approved, through A.M. No. 08-8-7-SC dated 9 September 2008, the proposed “The Rule of Procedure for Small Claims Cases” (see full text). Here’s the basic primer or discussion on the new procedure.
What is the scope and app…
2008 Bar Exam Questions and Proposed Answers
Thursday, October 2nd, 2008For those interested, the questions and proposed answers for the 2008 bar exams (Political Law, Labor Law, Civil Law, Taxation, Mercantile Law, Criminal Law, Remedial Law and Legal Ethics) are posted at phBar.org. Thank you.
Copyright © 2008 Phili…
Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC; full text)
Thursday, October 2nd, 2008Note: In A.M. No. 08-8-7-SC dated 9 September 2008, the Supreme Court en banc approved “The Rule of Procedure for Small Claims Cases,” scheduled to take effect on 1 October 2008 for the pilot courts designated to apply the procedure for sma…
Primer on the Recall Process
Wednesday, September 24th, 2008You may have heard about the recent gathering of signatures to initiate the recall process against Pampanga Governor Eddie “Ed” Panlilio. Let’s discuss the concept and process of recall.
Who may exercise the power of recall? The power…
Can someone remarry even without going to court due to absence or separation?
Tuesday, September 23rd, 2008Could someone automatically remarry after being separated, or when the other spouse had been “absent”, for several years? There are a number of questions along this line that were posted in the Forum. While there’s already an initial …
Full text of House Bill No. 5043 (Reproductive Health and Population Development Act of 2008)
Monday, September 22nd, 2008(Knowing the details of the proposed law is important in having a healthy debate on the issue. Here’s the full text of House Bill No. 5043, which is in substitution to HB Nos. 17, 812, 2753 & 3970, introduced during the first regular session …
Reproductive Health Bill: Fact Sheet and Explanatory Note
Tuesday, September 16th, 2008(Note: This is the Fact Sheet from the Committee on Health on House Bill No. 5043, in substitution to HB Nos. 17, 812, 2753 & 3970. Introduced by Reps. Edcel C. Lagman, Janette L. Garin, Narciso D.Santiago III, Mark Llandro Mendoza, Ana There…
Implementation of Bar Matter 1922 extended to 1 January 2009
Friday, September 5th, 2008The Supreme Court earlier issued Bar Matter No. 1922, requiring all lawyers to indicate the number and date of issue of their MCLE Certificate of Compliance, and if they could not do so by 25, August 2008, it will result to the dismissal of the case an…
Creation of ARMM’s Shariff Kabunsuan province is invalid
Sunday, August 31st, 2008The Supreme Court Justices, according to Chief Justice Reynato Puno (thru PDI), “are aware of of how their decision on a deal expanding the Bangsamoro territory would impact on the volatile situation in Mindanao.” This may be particularly true cons…
Primer on Ancestral Lands and Ancestral Domains
Thursday, August 14th, 2008One of the bigger issues for the past couple of days is the Memorandum of Agreement (MOA) on Ancestral Domain (for the Bangsamoro People in certain parts of Mindanao) between the Philippine Government and the Moro Islamic Liberation Front (MILF). Petit…
State of the Nation Address (SONA) 2008
Monday, July 28th, 2008(Full text of the State of the Nation Address, popularly known as the SONA, delivered by President Gloria Macapagal-Arroyo on 28 July 2008. The SONA is given by the President before a joint session of both houses of Congress, pursuant to Article VII, S…
Supreme Court promotes mediation and alternative dispute resolution mechanisms
Wednesday, July 2nd, 2008As the Philippine judiciary continues to battle with hundreds of thousands of cases pending before it, the Supreme Court of the Philippines through the Justice Reform Initiatives Support (JURIS) Project promotes the use of Alternative Dispute Resolutio…
Bar Matter No. 1922: MCLE Compliance
Friday, June 27th, 2008Quoted hereunder, for your information, is a resolution of the Supreme Court En Banc dated June 3, 2008:
“Bar Matter No. 1922. - Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with t…
Wanted: Associate
Monday, June 16th, 2008JLP Law is looking for a new lawyer. Please email your resume, with a cover letter addressed to the Managing Partner. Thank you.
associate, JLP Law, lawyerCopyright © 2008 Philippine e-Legal Forum. This Feed is for personal non-commercial use onl…
Primer on the Tax Amnesty Act of 2007 (RA 9480)
Thursday, April 17th, 2008What is Republic Act No. 9480?
It is a law, referred to as the “Tax Amnesty Act of 2007,” passed by Congress granting amnesty to all unpaid internal revenue taxes imposed by the national government for the taxable year 2005 and prior years….
RA 9184 or The Government Procurement Reform Act of 2003: Boon or Bane?
Friday, March 28th, 2008By: ACA Nimfa Cuesta Vilches*
The procurement (acquisition of goods, services and contracting for infrastructure project) law was enacted to lay down rules and regulations and to modernize, standardize, and regulate the procurement activities of the go…
Extradition procedures and principles in the United States
Thursday, February 28th, 2008In one of the Senate hearings in relation to the NBN investigation, a point was raised regarding a request for extradition of potential witnessess allegedly in the United States of America. Extradition is a big word for non-lawyers who watched the Sen…
The Writ of Habeas Data (by Chief Justice Reynato Puno)
Saturday, February 23rd, 2008(This is a speech delivered by Supreme Court Chief Justice Reynato S. Puno on 19 November 2007, at the UNESCO Policy Forum and Organizational Meeting of the Information for all Program (IFAP), Philippine National Committee.)
All over the world, judici…
Primer on the Solo Parents’ Welfare Act of 2000 (RA 8972)
Saturday, February 23rd, 2008Who is considered as a “solo parent”?
A “solo parent” (pursuant to Republic Act No. 8972, also known as the “Solo Parents’ Welfare Act of 2000″) is any individual who falls under any of the following categorie…
EDSA I and EDSA II: The Legal Distinctions
Thursday, February 21st, 2008The 22nd anniversary of the EDSA People Power Revolution will be celebrated this coming Monday, 25 February 2008, a non-working holiday. This, of course, is the celebration of the first People Power, also known as EDSA I. There’s an EDSA II and s…
Effect of pending cases on the Senate’s power to conduct investigation in aid of legislation
Tuesday, February 19th, 2008There’s a radio commentary discussing the possible effect of the pending complaints filed with the Office of the Ombudsman on the Senate hearings in connection with the aborted $329-million national broadband network (NBN) deal with China’s ZTE…
Salient Points of the Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
Monday, February 18th, 2008The Supreme Court recently approved certain amendments to the Rules of Court. On 4 December 2007, the SC issued A.M. No. 07-7-12-SC, approving the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court. The Resolution took effect on 27 De…
Pandacan oil depot must go: Social Justice Society vs. Atienza case digest
Friday, February 15th, 2008(Just the other day, the Supreme Court affirmed the authority of Manila City to issue — and enforce — an Ordinance reclassifying certain areas within the city. The reclassification adversely affected the oil companies, which are now forced …
Results of the 2007 Philippine Bar Exams
Wednesday, February 6th, 2008There 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 …
Writ of Habeas Data: Questions and Answers
Saturday, February 2nd, 2008What 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 …
Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC; full text)
Saturday, February 2nd, 2008THE RULE ON THE WRIT OF HABEAS DATA
[A.M. No. 08-1-16-SC dated 22 January 2008. This Resolution shall take effect on February 2, 2008 following its publication in three (3) newspapers of general circulation.]
SECTION 1. Habeas Data.—The writ of hab…
Guidelines in Imposing Penalties for Libel: Questions and Answers
Wednesday, January 30th, 2008What is libel?
Libel is “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical…
Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (Administrative Circular 08-2008)
Wednesday, January 30th, 2008ADMINISTRATIVE 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…
Annulment in the Philippines: Questions and Answers (Part 3)
Tuesday, January 29th, 2008My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?
…
Branches of the Philippine Government: Separation of Powers
Tuesday, January 29th, 2008The 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 convict…
Last Will and Testament: Basic Discussion
Saturday, January 26th, 2008The 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 disp…
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