Archive for August, 2006

Know Your Lawyer

I’m not talking about track record, competence, degree of confidence and the high level of trust that comes with the attorney-client relationship. Of course, these considerations are crucial because a client entrusts his properties, even his liberty and life, to the able hands of his lawyer.
What I’m referring to is something that I never imagined [...]

Reinstatement Pending Appeal: Waiting for the Pendulum to Swing

(Published in Personnel Management Association of the Philippines [PMAP] IR Focus, Issue No. 6)
In many warm mornings on my way to the National Labor Relations Commission (NLRC), I would sometimes daydream of lounging on a beach somewhere, rather than confronting another labor-management conflict. As sure as the sun rises, however, sparks in the constant tug-of-war [...]

Legal Dynamics: Citizenship and Divorce

Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.
For instance, we have discussed (”Divorce and Annulment in the Philippines“) that a Filipino - wherever [...]

Fixing the principal place of business: “Metro Manila” no longer allowed

Corporations are no longer allowed to use “Metro Manila” as a principal place of business in the Articles of Incorporation (”AOI”), as provided under Memorandum Circular No. 3 (26 January 2006) of the Securities and Exchange Commission (SEC).
Prior to this Circular, corporations located within Metro Manila usually indicate “Metro Manila”, without specifying the city or [...]

Effect of Annulment in a Criminal Case for Bigamy

There are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. Perhaps it’s time to have a discussion on this subject matter.
In a case for bigamy, the following matters or “elements” must be shown by the prosecution:
1. That the offender has [...]

Executive Order 464 - Senate of the Philippines vs. Ermita

The non-appearance of executive officials in the recent Senate inquiry resurrected the controversy surrounding Executive Order No. 464. With this, let’s revisit the ruling in Senate of the Philippines vs. Eduardo R. Ermita, G.R. No. 169777, wherein a unanimous Supreme Court (en banc) struck down Sections 2 (b) and 3 of E.O. 464 as unconstitutional, [...]