For the second time, I chanced upon the show of MLQ3 at ANC, The Explainer. He and his guest (DJB - Philippine Commentary) were explaining the art and science of surveys. The first time I watched the show was during its pilot episode, which also featured DJB, discussing the Church and the State.
Anyway, in relation [...]
Archive for November, 2006
Church and State: the Religious Clauses in the Philippine Constitution
Published by November 24th, 2006 in Elections and Constitutional Law. 2 CommentsAbortion and Contraception
Published by November 23rd, 2006 in Elections and Constitutional Law. 0 CommentsAbortion
Abortion, which is legal in the United States, was on center stage a few months back. The controversy stemmed from the rulings of three appeals courts that declared the Partial-Birth Abortion Ban Act of 2003 (full text here) as unconstitutional. The United States Supreme Court agreed to review the declaration of unconstitutionality of said law.
SC Denies with Finality Motion for Reconsideration on People’s Initiative Case
Published by November 21st, 2006 in Elections and Constitutional Law and Obiter/News. 0 CommentsPosted at the SC Website: November 21, 2006
By Jay B. Rempillo
It’s final. The people’s initiative petition of petitioners Raul Lambino, et al. is dead.
Maintaining its 8-7 vote, the Supreme Court today denied with finality the motions for reconsideration of its October 25, 2006 decision dismissing the said petition to amend the 1987 Constitution through a [...]
Presumptive death of a spouse for subsequent marriage
Published by November 18th, 2006 in Family and Property Law. 15 CommentsThe Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. Article 41 of the Family [...]
Intellectual Property: Copyright Infringement
Published by November 14th, 2006 in Intellectual Property. 3 CommentsCopyright infringement was previously governed by Presidential Decree No. 49. At present, all laws dealing with the protection of intellectual property rights have been consolidated under Republic Act No. 8293. Notwithstanding the change in the law, the same principles are reiterated in the new law under Section 177. It provides for the [...]
Indigent or Pauper Litigant: Rules in Determining Status
Published by November 14th, 2006 in Litigation and Labor Law. 5 CommentsAnyone 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 rules on indigent litigants, therefore, if the applicant for exemption meets the salary and property requirements under [...]
Dennis D. Sy vs. Metropolitan Bank & Trust Company (G.R. No. 160618, 2 November 2006) - Digest
Published by November 13th, 2006 in Digests and Litigation and Labor Law. 0 CommentsDennis 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, on 5 February 1999, the bank reappointed him as branch manager for [...]
Arrests and the Miranda Rights
Published by November 13th, 2006 in Criminal Law and Elections and Constitutional Law. 0 CommentsYou always see it on TV and the movies. The police, after cornering the suspect, bellows out: “Freeze a**hole! You have the right to remain silent. Anything you say can and will be used against you in the court of law.†This lump of rights, plus the right to counsel and sans the “freezeâ€, is [...]
Boy Scouts: Homosexuality and the right of Expression
Published by November 11th, 2006 in Elections and Constitutional Law. 0 CommentsGay groups had been, and still is, complaining about gay discrimination in our country. This is a sensitive matter, specially if we consider admission of gays into traditional institutions like the military, the church and the boy scouts (Boy Scout of the Philippines). Let’s focus on the boys scouts, primarily because there’s already a decided [...]
Christmas Bonus vs. 13th Month Pay
Published by November 10th, 2006 in Litigation and Labor Law. 2 CommentsWith 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. Indeed, many a gift is being thought of and many a budget is being drawn-up [...]
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