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Tag Archive for 'philippines'

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed […]

Merry Christmas, everyone

Christmas day is just around the corner. 2006 is almost over.
A new year. New opportunities. A new beginning.
May everyone have a meaningful Christmas and a blessed New Year!

Technorati Tags: Christmas, philippines

The By-Stander Rule: The Role of the Company in Certification Elections

A certification election is the most democratic and expeditious method by which the laborers can freely determine the union that shall act as their representative in their dealings with the establishment where they are working. It is the appropriate means whereby controversies and disputes on representation may be laid to rest, by the unequivocal […]

Congratulations, Chief Justice Reynato Puno

“I thank Her Excellency, President Gloria Macapagal-Arroyo for extending to me this appointment to be the 22nd Chief Justice of our country. Above all else, I thank the Almighty for this extraordinary gift, more accurately, this trust which is heavily laden with responsibility.I accept the appointment with a clear awareness of the defining role of […]

Suggested Answers to the 2006 Bar Examination Questions

The “Suggested Answers to the 2006 Bar Examination Questions”, a 137-page book recently published by the Philippine Association of Law Schools (PALS), is not only very instructive and useful, but also an earnest manifestation of the organization’s goal of “honing the intellectual fitness of law students and improving legal education in the country, by giving […]

Church and State: the Religious Clauses in the Philippine Constitution

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 […]

SC Denies with Finality Motion for Reconsideration on People’s Initiative Case

Posted 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

The 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 […]

Indigent or Pauper Litigant: Rules in Determining Status

Anyone 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

Dennis 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

You 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 “freeze”, is […]

Boy Scouts: Homosexuality and the right of Expression

Gay 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 […]

Common-law marriage (live-in relationships) in the Philippines

Money is [one of] the root[s] of all kinds of relationship problems, says an article at the Family Relationships site. In my modest years of law practice, I can say that among the most bitter confrontations (in and out of court) relate to property/money/inheritance issues between members of the family.
Under the Family Code of […]

Apprenticeship; On-the-Job Training (OJT)

Question: Anybody knows any statutory requirements for hiring OJTrainees?
This is posted for discussion purposes. This is not a complete listing of all applicable provisions and any additions are most welcome (for tips on how to do online legal research, go here). Let’s start with Book II, Title II, Chapter I (Apprentices) of the Labor Code:
Art. […]

Overseas Filipino Workers Empowerment Forum

Bong Amora of the OFW Empowerment has just annouced that the “OFW Empowerment Forum” is now activated and online. This Forum shall serve as a discussion board for OFW issues and concerns, with the declared purpose of “Empowering Overseas Filipinos through Economic and Political means”. You can read the invitation, go to the Forum or […]

Senate of the Philippines vs. House of Representatives

Now that the Supreme Court has dismissed the petition of Lambino et.al., it is expected that the same petitioners through the President’s allies in the Lower House would finally resort next to the other mode in the amendatory process, i.e. proposal by the Congress, upon a vote of three-fourths of all its members (Sec. 1, […]

Task force to target credit card fraudsters

The PIA reports that the President issued Executive Order No. 573, creating an Anti-Fraud Task Force composed of the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to strengthen Republic Act 8484, or the “Access Device Regulation Act of 1998″.
The occurrence of credit card fraud is increasing and acquiring banks incur huge […]

Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) - Digest

On 15 February 2006, the group of Raul Lambino and Erico Aumentado (“Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section […]

Calendar of Activities - 2007 synchronized national and local elections

The Commission on Elections (COMELEC) recently released the calendar of activities and prohibited acts in connection with the 2007 synchronized national and local elections. The full calendar is provided in Resolution No. 7707. Here are some dates to remember:

October 31, 2006 - last day for registration of Overseas Filipinos (per Resolution No. 7715).

December 31, 2006 […]

Bar Exams - the Agony of waiting for the results

The examination for admission to the Philippine Bar (the Bar refers to the aggregation of all lawyers in the Philippines) is one of the most, if not THE most, difficult Philippine licensure exams. Some even say that it’s the most difficult bar exam in the world, primarily because it’s an essay-type exam (there’s already a […]