Philippine laws and legal system (JLP-Law blog)
MALACAÑANG
Manila
PROCLAIMING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE PROVINCE OF MAGUINDANAO, EXCEPT FOR CERTAIN AREAS
WHEREAS, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas; Continue reading ‘Proclamation 1959: Martial Law in Maguindanao’
The rule in elections, as people know it, is that an appointed official is deemed automatically resigned from their positions once he/she files the Certificate of Candidacy (CoC) for any elective position. This rule on automatic resignation does not apply to elected officials. There is now a new rule. Appointed officials are NO longer deemed resigned upon the filing of the CoC. This is the ruling of the Supreme Court in Eleazar Quinto vs. COMELEC, G.R. No. 189698, 1 December 2009. Continue reading ‘Appointive Officials Not Deemed Resigned upon Filing of CoC (Quinto vs. COMELEC)’
Premature campaigning is now gone from our statute books. This is the effect of the Supreme Court resolution in Rosalinda Penera vs. Commission on Elections, G.R. No. 181613, 25 November 2009 (Justice Carpio, pontente). Continue reading ‘No more Violations for Premature Campaigning’
Administrative Matter No. 02-1-18-SC
REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.
A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.
This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53, 54, 55 and 56 of this Rule. Continue reading ‘Revised Rule on Children in Conflict with the Law’
What is 13th month pay?
It is a form of monetary assistance equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that an employee has rendered service to an employer (basic monthly pay/12 x number of months actually worked). Continue reading ‘FAQ on 13th Month Pay’
We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts: Continue reading ‘A brief discussion on Infidelity, Concubinage, Adultery and Bigamy’
What is the concept of sovereign immunity in international law?
There are two conflicting concepts of sovereign immunity, according to the Supreme Court: (a) Classical or absolute theory — a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign; and (b) Restrictive theory — the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. Continue reading ‘Immunity from Suit of an International Organization and its Officers’
We celebrate holidays to commemorate an event or a person of special significance to the country. While the declaration of holidays is supposed to bring unity, it sometimes results to confusion in the workplace, even if unintended. Continue reading ‘Holiday Economics in the Philippines’
(Malacanang earlier issued Proclamation 1808, declaring November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday. Full text below. ) Continue reading ‘Eid’l Adha (November 27-28): Regional Holiday’
(Malacanang declared November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering if “national holiday” means a regular holiday or a special holiday. This is clarified in the Labor Advisory issued by DOLE. The full text of Proclamation No. 1808 and the DOLE Labor Advisory are reproduced below. Many were also wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday.) Continue reading ‘Eid’l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009′
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