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 [...]
Archive for July, 2006
People’s Initiative: No sufficient enabling law to amend the Constitution
Published by July 22nd, 2006 in Elections and Constitutional Law. 5 CommentsCorporate Rehabilitation in the Philippines
Published by July 22nd, 2006 in Corporate and Investments. 2 CommentsCorporate rehabilitation, which is similar to Chapter 11 reorganization in the United States of America, is distinct and separate from insolvency. Rehabilitation is intended to enable a distressed corporation to gain a new lease on life, so to speak, and to continue its business as a going concern. On the other hand, insolvency is [...]
Retention and Re-Acquisition of Philippine Citizenship
Published by July 22nd, 2006 in Elections and Constitutional Law and Immigration Law. 6 CommentsFormer 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 [...]
Divorce and Annulment in the Philippines
Published by July 21st, 2006 in Annulment and Legal Separation. 99 CommentsSome Filipinos want and do get married outside the Philippines. There’s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:
1. Divorce is not recognized under Philippine laws. If you’re a Filipino, it doesn’t matter where you [...]
(This entry was posted by Judge Don Navarro at his site (”Got Cause?”) and reproduced here with his express permission.)
———————————————————
One motion quickly gaining favour among lawyers after the 2000 Rules of Criminal Procedure came into effect is the “Motion for Determination of Probable Cause†to hold the accused for trial.
The 2000 Rules made it clear [...]
Calibrated Preemptive Response - BAYAN, et al. vs. Ermita
Published by July 20th, 2006 in Elections and Constitutional Law. 1 CommentThe petitions filed directly with the Supreme Court challenged the constitutionality of both Batas Pambansa 880 and the policy of Calibrated Preemptive Response (CPR) issued by Executive Secretary Eduardo Ermita. The Supreme Court decided in this manner:
Bouncing Checks (B.P. 22)
Published by July 20th, 2006 in Corporate and Investments, Criminal Law and Litigation and Labor Law. 4 CommentsSome people still have confidence, which confidence may be regarded as misplaced by others, in the deterrent effect of Batas Pambansa Blg. 22, also known as the “Bouncing Checks Law” (full text here). Here are some things a layman should know:
The decision to put up a law blog, as an adjunct to the JLP-Law site, did not come easy. The first and strongest argument against a legal blog is the formality that has come to be expected from anything that has to do with the practice of law, (i.e. dress codes, codes of conduct, [...]
PREAMBLE
(1987 Philippine Constitution)
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy [...]
ARTICLE l
NATIONAL TERRITORY
(1987 Philippine Constitution)
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. [...]
pinoy-business.com
Recent Comments