Archive for August, 2007

Guidelines on Judicial Solemnization of Marriage

The Supreme Court, just yesterday, laid down guidelines on the solemnization of marriage by the members of the Judiciary. These guidelines are meant to address the controversies in connection with alleged irregular solemnization of marriages by judges.
The guidlines, as contained in Administrative Order No. 125-2007 (”Guidelines on the Solemnization of Marriage by the Members of [...]

Duty of mayors to enforce laws and ordinances (case digest)

(Social Justice Society, et al. vs. Atienza, Jr., G.R. No. 156052, 7 March 2007; Corona, J.; First Division) - Digest
Facts: On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027, which ordinance became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to [...]

Emergency powers of the President

There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.
Emergency, as a generic term, connotes the existence of conditions suddenly [...]

Jurisdiction in habeas corpus cases involving custody of minors

Family courts are vested with original exclusive jurisdiction in custody cases, not in habeas corpus cases. The Court of Appeals (CA) and the Supreme Court (SC) had not been divested of their jurisdiction over habeas corpus cases involving custody of minors. This is the issue in the case discussed below.

Long August weekends ahead; computation of holiday pay

What 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 [...]