Litigation and Labor Law
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…
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…
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…
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…
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…
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…
A.M. No. 07-7-12-SC (full text): Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
Monday, February 18th, 2008A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65
OF THE RULES OF COURT
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Court’s consideration and approv…
The Mendiola Massacre: What Happened according to Jurisprudence
Tuesday, January 22nd, 2008Today, 22 January 2008, marks the 21st anniversary of what has been dubbed as the “Mendiola Massacre.” An entire generation may not be aware of, and many could have already forgotten, what transpired on that date. In the words of the Suprem…
Checkpoints and the right against unreasonable search and seizure
Monday, January 21st, 2008A 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 R…
Jurisdiction of Philippine Courts
Monday, December 17th, 2007Jurisdiction 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 — w…
Rule on DNA Evidence (A.M. No. 06-11-5-SC; full text)
Sunday, October 21st, 2007(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…
October 12 is a Regular Holiday (Eidl’l Fitr - Feast Of Ramadhan)
Tuesday, October 9th, 2007It’s another long weekend. This coming Friday is a regular national holiday. The President, through the Executive Secretary, issued Proclamation No. 1397, declaring Friday, 12 October 2007, as a regular holiday throughout the country in observanc…
Writ of Amparo: Questions and Answers
Thursday, September 27th, 2007What 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 …
Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
Thursday, September 27th, 2007(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 un…
Preliminary Investigation in Criminal Cases
Monday, September 17th, 2007At 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 ca…
Long August weekends ahead; computation of holiday pay
Wednesday, August 1st, 2007What some call as “holiday economics” will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for “movable holidays”. Two movable holidays fall on the month of August - Ninoy Aquino Day M…
R.A. 9492 - holiday economics, movable holidays
Thursday, July 26th, 2007Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event t…
Credit cards and unfair collection practices
Friday, June 22nd, 2007There are a number of good reasons in favor of having and using a credit card. Still, we all know the possible adverse results in the unchecked use of “plastics” or credit cards, such as this one:
THERE’S a credit-card horror story that’s b…
Additional Rules on Temporary Restraining Orders (TRO) on Foreclosures of Real Estate Mortgage
Monday, February 26th, 2007(This is a news release courtesy of the Supreme Court website. We’ll have an extended discussion on this subject matter as soon as we get a copy of the resolution).
The Supreme Court has issued additional guidelines on the issuance of temporary r…
The By-Stander Rule: The Role of the Company in Certification Elections
Friday, December 15th, 2006A certification election is the most democratic and expeditious method by which the laborers can freely determine the union that shall act as their representative in their dealings with the establishment where they are working. It is the appropriate m…
Indigent or Pauper Litigant: Rules in Determining Status
Monday, November 13th, 2006Anyone who has ever struggled with poverty
knows how extremely expensive it is to be poor.
– James Baldwin
This is the opening phrase of a recent decision penned by Justice Velasco involving the rules on indigent parties, summarized as follows:
The r…
Dennis D. Sy vs. Metropolitan Bank & Trust Company (G.R. No. 160618, 2 November 2006) - Digest
Monday, November 13th, 2006Dennis Sy would have rendered 30 years of service by 18 August 1999 under the bank’s retirement plan, which states that an employee must retire upon reaching the age of 55 years or after rendering 30 years of service, whichever comes earlier. However…
Christmas Bonus vs. 13th Month Pay
Friday, November 10th, 2006With the Christmas season (together with the requisite countdowns, shopping lists and family reunions) fast approaching, one thing is slowly creeping into the consciousness of the great host of salaried employees in the country - the Christmas Bonus. …
Apprenticeship; On-the-Job Training (OJT)
Friday, November 3rd, 2006Question: Anybody knows any statutory requirements for hiring OJTrainees?
This is posted for discussion purposes. This is not a complete listing of all applicable provisions and any additions are most welcome (for tips on how to do online legal researc…