Author Archive for jlp

Proposed Divorce Law in the Philippines

Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by [...]

A.M. No. 07-7-12-SC (full text): Amendments to Rules 41, 45, 58 and 65 of the Rules of Court

A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65
OF THE RULES OF COURT
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Court’s consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court [...]

The Plunder Law: R.A. 7080 (full text)

(There is already a discussion on the Philippine Plunder Law. Nevertheless, for the convenience of everyone, the full text of the law is reproduced below)
Republic Act No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of terms. As used in this Act, the term -
1. “Public Officer” means any person holding [...]

State of the Nation Address (SONA 2007; full text)

(The State of the Nation Address or “SONA” is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any [...]

R.A. 9372 - Human Security Act of 2007 (full text)

(Note: RA 9372 is often referred to as the “Anti-Terror Law” or “Anti-Terrorism Law“. As will be seen in the text of the law, however, this is properly known as the “Human Security Act of 2007.” This law takes effect this coming Sunday, 15 July 2007. Here’s the full text of the law.)
——————————————————–
REPUBLIC ACT NO. [...]

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 [...]

Theory of Relativity

(This is written by Judge Don Navarro, reproduced here with his express permission.)

I recently had the opportunity to ask Justice Hilarion Aquino about remedies available to an offended party where the information had been dismissed outright for lack of probable cause (see Got Cause?).
A hot topic of discussion among judges that they couldn’t resolve by [...]

Guidelines in Psychological Incapacity (Article 36, Family Code)

Psychological incapacity, which a ground for annulment of marriage (which is different from divorce), contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and [...]

People’s Initiative: No sufficient enabling law to amend the Constitution

The recent effort to amend the Constitution through people’s initiative met the same fate as the previous ones. As early as 1997, in the case of Defensor-Santiago vs. COMELEC (G.R. No. 127325, 19 March 1997), the Supreme Court already decided, although with vigorous dissenting opinions, that the law intended to provide the mechanism for people’s [...]

Retention and Re-Acquisition of Philippine Citizenship

Former natural-born Filipinos who retain or re-acquire Philippine citizenship under Republc Act No. 9225 (”Citizen Retention and Re-Acquisition Act of 2003“) shall enjoy full rights enjoyed by any Filipino, subject to certain conditions enumerated below. Please note that the law covers only “natural-born” Filipinos (born of one or both parents who are Filipino citizens at [...]