Jurisdiction sounds a bit intimidating for the layman, specially if you add “court” to it. This is particularly true if there’s a “foreign element,” such as in contracts, where a particular aspect of the contract — whether in its nature, negotiations, execution, performance or breach — is done or governed in a territorial jurisdiction outside [...]
Archive for the 'Litigation and Labor Law' Category
Jurisdiction of Philippine Courts
Published by December 18th, 2007 in Litigation and Labor Law. 0 CommentsRule on DNA Evidence (A.M. No. 06-11-5-SC; full text)
Published by October 21st, 2007 in Family and Property Law, Litigation and Labor Law and Obiter/News. 0 Comments(The use of DNA in cases gained popularity in recent years. It is used not only in criminal cases, but also in paternity disputes. This month, the Supreme Court issued the Rule on DNA Evidence, through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is reproduced below.)
October 12 is a Regular Holiday (Eidl’l Fitr - Feast Of Ramadhan)
Published by October 9th, 2007 in Litigation and Labor Law and Obiter/News. 0 CommentsIt’s another long weekend. This coming Friday is a regular national holiday. The President, through the Executive Secretary, issued Proclamation No. 1397, declaring Friday, 12 October 2007, as a regular holiday throughout the country in observance of Eidl’l Fitr (Feast Of Ramadhan). The full text of Proclamation No. 1397 is reproduced below (also here, including [...]
Writ of Amparo: Questions and Answers
Published by September 27th, 2007 in Elections and Constitutional Law and Litigation and Labor Law. 1 CommentWhat is the writ of amparo?
It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances [...]
Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
Published by September 27th, 2007 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 2 Comments(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of [...]
Preliminary Investigation in Criminal Cases
Published by September 17th, 2007 in Criminal Law and Litigation and Labor Law. 5 CommentsAt the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases - there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, [...]
Long August weekends ahead; computation of holiday pay
Published by August 1st, 2007 in Litigation and Labor Law. 0 CommentsWhat some call as “holiday economics” will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for “movable holidays”. Two movable holidays fall on the month of August - Ninoy Aquino Day Monday nearest August 21, which is August 20) and National Heroes Day (last Monday of [...]
R.A. 9492 - holiday economics, movable holidays
Published by July 26th, 2007 in Corporate and Investments, Litigation and Labor Law and Obiter/News. 8 CommentsMaybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If [...]
Credit cards and unfair collection practices
Published by June 23rd, 2007 in Banking and Litigation and Labor Law. 1 CommentThere 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 [...]
Additional Rules on Temporary Restraining Orders (TRO) on Foreclosures of Real Estate Mortgage
Published by February 27th, 2007 in Corporate and Investments, Litigation and Labor Law and Obiter/News. 3 CommentsThe Supreme Court has issued additional guidelines on the issuance of temporary restraining orders or writs of preliminary injunctions enjoining foreclosures of real estate mortgages. The additional rules will take effect on March 10, 2007.
Here’s the full text of AM No. 99-10-05-O (Re: Procedure in Extrajudicial Or Judicial Foreclosure of Real Estate Mortgages, [...]
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