The Supreme Court recently dismissed petitions to nullify House Resolution No. 1109, entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All the Members of Congress”. Continue reading ‘Petitions assailing House Resolution No. 1109 dismissed by SC’
Petitions assailing House Resolution No. 1109 dismissed by SC
Published by June 18th, 2009 in Elections and Constitutional Law. 1 CommentOwnership of Philippine Land by Foreigners
Published by June 11th, 2009 in Corporate and Investments and Family and Property Law. 5 CommentsAliens, as a general rule, are not allowed to own real property in the Philippines. By “aliens”, we don’t mean creatures from outer space, but persons who are citizens of other countries. By “general rule”, we mean that there are certain exceptions, and two of such exceptions are discussed below. Continue reading ‘Ownership of Philippine Land by Foreigners’
Extrajudicial Settlement of Estate: Basic Discussion
Published by June 9th, 2009 in Family and Property Law. 1 CommentWhen a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate. Continue reading ‘Extrajudicial Settlement of Estate: Basic Discussion’
Judicial Recognition of a Foreign Divorce Decree
Published by June 5th, 2009 in Annulment and Legal Separation. 5 CommentsDivorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. Continue reading ‘Judicial Recognition of a Foreign Divorce Decree’
House Resolution 1109 (re: Constitutional Amendment or Revision)
Published by June 4th, 2009 in Elections and Constitutional Law. 1 Comment(The House of Representatives recently issued a resolution asking that members of Congress — which, in a bicameral set-up, is composed of the Senate and the House of Representatives — convene to consider amendments or revisions of the Constitution. A stated purpose is to highlight a justiciable controversy, to allow the Supreme Court to decide, whether the Constitutional amendment/revision by Congress should be done by both chambers voting separately. Full text of House Resolution No. 1109 is reproduced below. See also a similar discussion: How to Change a Constitution and SC dismisses petition assailing House Resolution 1109.) Continue reading ‘House Resolution 1109 (re: Constitutional Amendment or Revision)’
Flag and Heraldic Code of the Philippines (R.A. 8491)
Published by May 8th, 2009 in Obiter/News. 4 Comments(Not a few are asking what’s the fuss about Martin Nievera’s out-of-the-regular singing of the Philippine National Anthem during the Manny “Pacman” Pacquaio and Ricky “Hitman” Hatton boxing match in Las Vegas, USA last May 2, 2009 [May 3 in the Philippines]. Many may have heard about the allegation that Nievera’s rendition violated a law. For those interested, here’s the applicable law, Republic Act No. 8491, also known as the “Flag and Heraldic Code of the Philippines”. Refer to Section 37 for using a different version of the National Anthem, and Section 34 for the prohibited use of the Philippine Flag. ) Continue reading ‘Flag and Heraldic Code of the Philippines (R.A. 8491)’
Obstruction of Justice (PD 1829): Basic Discussion
Published by April 17th, 2009 in Criminal Law. 1 CommentWhat is “Obstruction of Justice”?
The term is used to refer to the acts punished under Presidential Decree No. 1829 (”Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Full text here. Continue reading ‘Obstruction of Justice (PD 1829): Basic Discussion’
Presidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders
Published by April 16th, 2009 in Criminal Law. 0 Comments(Note: Also refer to Obstruction of Justice (PD 1829): Basic Discussion. Full text below.)
Presidential Decree No. 1829
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS
Whereas, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; Continue reading ‘Presidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders’
Primer on the Minimum Wage Tax Exemption
Published by March 31st, 2009 in Tax and Estate Law. 0 CommentsIt’s that time of the year when we are again required to pay taxes and file our income tax returns. Some, however, are exempt from paying income tax. Minimum wage earners are not required to pay income taxes. Here’s a primer of the new law. Continue reading ‘Primer on the Minimum Wage Tax Exemption’
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