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 [...]
Author Archive for Atty. Fred
Immunity from Suit of an International Organization and its Officers
Published by November 23rd, 2009 in Elections and Constitutional Law. 0 CommentsHoliday Economics in the Philippines
Published by November 3rd, 2009 in Corporate and Investments and Litigation and Labor Law. 1 CommentWe 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.
Dean’s Cup: The UP Law Invitational Triathlon and Fun Run
Published by August 27th, 2009 in Obiter/News. 0 CommentsWant to help a good (legal) cause and stay fit at the same time? Then the Dean’s Cup: The First UP Law Invitational Triathlon and Fun Run is for you.
Annulment in the Philippines: Questions and Answers (Part 4)
Published by August 17th, 2009 in Annulment and Legal Separation. 48 CommentsThis is part of the continuing installment of discussions on annulment or declaration of nullity. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may [...]
Lack of parental consent or parental advice: Effect on validity of marriage
Published by August 17th, 2009 in Annulment and Legal Separation. 15 CommentsI was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Let’s have a general discussion on this one.
Thoughtless Extravagance in times of Acute Public Want
Published by August 12th, 2009 in Family and Property Law. 3 CommentsIn 2008, Baguio City suspended the issuance of permits for motorcades along its roads, citing the a Civil Code provision against splurging during critical times. In 2002, a court in Nueva Vizcaya issued a “temporary restraining order (TRO) preventing the Sangguniang Panlalawigan members from buying 13 luxury vehicles” for their own individual use, citing the [...]
Liability of a Co-Maker: Distinguished from Guarantor
Published by August 11th, 2009 in Banking and Corporate and Investments. 2 CommentsMaybe you’ve been asked by a friend to sign as a co-maker in a loan. You’re then asked to sign a promissory note or a debt instrument which designates you as a co-maker. There should be no problem with this, as the principal is usually someone we know and trust. I’ve seen, however, co-makers being [...]
Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer
Published by August 11th, 2009 in Criminal Law, Family and Property Law and Immigration Law. 1 Comment(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act [...]
Petitions assailing House Resolution No. 1109 dismissed by SC
Published by June 18th, 2009 in Elections and Constitutional Law. 1 CommentThe 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”.
Ownership of Philippine Land by Foreigners
Published by June 11th, 2009 in Corporate and Investments and Family and Property Law. 7 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.
Recent Comments