Archive for June, 2007

Senator-elect Trillanes right to bail

In a recent press statement, Lieutenant Colonel Jose Feliciano Loi noted that under the military justice system, Trillanes should not be going out of his detention cell as in the case of other personnel charged before the military’s general court martial.
The statement suggests that there is no provision in military laws, particularly in the Articles [...]

Annulment in the Philippines: Questions and Answers (Part 2)

One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and [...]

Dominador Aytona vs. Andres Castillo, GR. No. L-19313, 19 January 1962

On June 15, 2007, Sun.Star Pampanga carried an interesting news report: “Vice guv rejects Panlilio’s plea to stop bidding“. Pampanga’s Acting Governor Guaio’s rejection stemmed from Governor-elect Eddie Panlilio’s request contained in his letter of June 13, 2007 asking Guiao to defer a scheduled bidding, saying “yours is no more than a caretaker administration” [...]

Criminal Cases and Insolvency

I often come across debtors dropping the hint of filing, or actually filing, a case for insolvency or bankruptcy just to bring home the (alleged) point that they have nothing more to cough out. It is true that once a petition for insolvency is granted, the debtor-insolvent is discharged from all his existing debts. The [...]

Credit cards and unfair collection practices

There 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 become some sort of an urban legend: A television personality, after losing his [...]

Is Lito Lapid Still A Senator?

There is an ongoing debate as to whether Senator Lito Lapid will be considered as having forfeited his Senate seat when he ran for Mayor of Makati City. Let me offer what I understood about this issue.Before the passage of Fair Election Act (R.A. 9006), Sen. Lapid would have been considered as having forfeited his [...]

Anatomy of an Internet Libel Case (Part V)

We previously discussed that the two complaints for libel were dismissed as against RP Nuclei Solutions and Abe Olandres (Part IV). However, the cases were filed in court as against the two other individual respondents (Part III), who were the supposed authors of the allegedly libelous comments (Part II - basic facts).
RP Nuclei Solutions, represented [...]

Anatomy of an Internet Libel Case (Part IV)

This is the fourth of a six-part series discussing two complaints for internet libel. As stated in Part I (Introduction), this part will focus on the resolution in favor of Abe Olandres and the RP Nuclei Solutions, Inc.
As noted in Part II (basic facts of the complaints), RP Nuclei Solutions, Inc. was impleaded as a [...]

Anatomy of an Internet Libel Case (Part III)

In this part of this six-part series, we will discuss the defenses raised by the main respondent in one of the two libel complaints filed before the Pasig City Prosecutor’s Office. You may also read Parts I, II, IV, V, and VI.
In his Counter-Affidavit, the main respondent claims that the complaint is merely a part [...]

Anatomy of an Internet Libel Case (Part II)

As noted in Part I of this series, the basic facts of the complaints are discussed here, in Part II.
There were actually two complaints for libel - one for each of the two main respondents - before the Pasig City Prosecutor’s Office. The complaints are based on Article 353 of the Revised Penal Code, which [...]