Philippine e-Legal Forum

Archive Page 14

Mediation: Reaching Its Potential In Family Law Cases

Published by zaldy62ph July 15th, 2007 in Family and Property Law and Obiter/News. 0 Comments

Mediation: Reaching Its Potential In Family Law Cases

Hon. Justice Nimfa Cuesta-Vilches
Assistant Court Administrator
Supreme Court of the Philippines
Manila

Family law case mediation is a form of alternative dispute resolution in a private forum before a case is filed in court or a court-annexed one that is discussed in this article whereby an impartial person, a professional, or a judge in a two-court system helps parties define issues and have a plan to deal with them. A family case mediator sits down with people to discuss options and develop proposals to resolve a dispute. The mediator does not take sides. Every party attends the process and they make all the decision. Mediation sessions are confidential. Continue reading ‘Mediation: Reaching Its Potential In Family Law Cases’

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

Published by jlp July 10th, 2007 in Criminal Law. 23 Comments

(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.)

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REPUBLIC ACT NO. 9372

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. â€“ This Act shall henceforth be known as the â€œHuman Security Act of 2007.â€

Continue reading ‘R.A. 9372 – Human Security Act of 2007 (full text)’

Basic issues in child custody

Published by Atty. Fred July 5th, 2007 in Family and Property Law. 41 Comments

Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case. Here are some basic matters relating to custody.

In custody disputes, what is the paramount criterion?

The paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. The court, in arriving at its decision as to whom custody of the minor should be given, must take into account the respective resources and social and moral situations of the contending parents. Nevertheless, this primordial rule can override the rights of one or both parents over their children. Continue reading ‘Basic issues in child custody’

Annulment in the Philippines: Questions and Answers (Part 2)

Published by Atty. Fred June 27th, 2007 in Annulment and Legal Separation. 62 Comments

One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).

Should I seek an annulment?

This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.

What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?

The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay. Continue reading ‘Annulment in the Philippines: Questions and Answers (Part 2)’

Criminal Cases and Insolvency

Published by Atty. Fred June 25th, 2007 in Banking, Corporate and Investments and Criminal Law. 0 Comments

I often come across debtors dropping the hint of filing, or actually filing, a case for insolvency or bankruptcy just to bring home the (alleged) point that they have nothing more to cough out. It is true that once a petition for insolvency is granted, the debtor-insolvent is discharged from all his existing debts. The decision to file for insolvency, however, should not be taken lightly. Here are a few reasons why:

The alleged insolvent debtor may be subject to criminal prosecution. There are a number of criminal cases that an alleged insolvent debtor may face. For instance, the debtor may be charged with fraudulent insolvency, a criminal offense, if it is shown that he transferred his property to another place beyond the reach of the creditors. Article 314 of the Revised Penal Code (RPC) reads: Continue reading ‘Criminal Cases and Insolvency’

Credit cards and unfair collection practices

Published by Atty. Fred June 23rd, 2007 in Banking and Litigation and Labor Law. 2 Comments

There 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 job in a top network, resorts to using his plastic money. By the time he finds employment in the rival network, he has wracked up P58,000 in credit card bills. But he figures he’s not yet ready to pay in full, so he pays just the minimum amount due. Yet after five years, he is shocked to realize that his credit card debt had ballooned more than 10 times to P700,000.

Perhaps you’ve heard, or, most probably, experienced certain “innovative” strategies used by credit card companies and their collection agencies in “persuading” you to pay (they are, of course, entitled to payment). With the rising complaints against these strategies, the Bangko Sentral ng Pilipinas (BSP) issued a set of rules and regulations governing the credit card operations of banks and affiliate credit card companies. Continue reading ‘Credit cards and unfair collection practices’

Anatomy of an Internet Libel Case (Part V)

Published by Atty. Fred June 5th, 2007 in Libel. 0 Comments

We previously discussed that the two complaints for libel were dismissed as against RP Nuclei Solutions and Abe Olandres (Part IV). However, the cases were filed in court as against the two other individual respondents (Part III), who were the supposed authors of the allegedly libelous comments (Part II – basic facts).

RP Nuclei Solutions, represented by Abe, filed a counter-charge for perjury (under Article 183 of the Revised Penal Code), which was consolidated with the two libel complaints (this simply means that the three complaints were joined and decided by the same Investigating Prosecutor).

According to RP Nuclei Solutions, it is the owner of plogHost (ploghost.com), a web hosting service aimed at providing affordable and efficient ways to deliver web hosting services to the local market. RP Nuclei Solutions or plogHost claims that as such web host, it leases its servers to registered owners of websites or web logs (blogs), among others, and that a web host is entirely different from the registered owner of a website or blog.

The charge for perjury is based on the allegation that RP Nuclei Solutions is liable for libel on the ground that greedyolddumbass.com is œowned and operated by the Respondent RP NUCLEI SOLUTIONS CORP. According to RP Nuclei Solutions, it is not the owner and operator of greedyolddumbass.com, contrary to the allegation of the complainant in the libel complaints.

The counter-charge of perjury, however, was also dismissed. Continue reading ‘Anatomy of an Internet Libel Case (Part V)’

Anatomy of an Internet Libel Case (Part IV)

Published by Atty. Fred June 5th, 2007 in Libel. 0 Comments

This is the fourth of a six-part series discussing two complaints for internet libel. As stated in Part I (Introduction), this part will focus on the resolution in favor of Abe Olandres and the RP Nuclei Solutions, Inc.

As noted in Part II (basic facts of the complaints), RP Nuclei Solutions, Inc. was impleaded as a co-respondent because it is allegedly the “owner” of the internet forum greedyolddumbass.com. The complainant subsequently acknowledged that RP Nuclei Solutions, as a juridical entity, may not properly be charged with libel. The complainant, however, impleaded Abe Olandres in place of RP Nuclei Solutions.

The Investigating Prosecutor dismissed the complaints as against RP Nuclei Solutions and Abe. Continue reading ‘Anatomy of an Internet Libel Case (Part IV)’

Anatomy of an Internet Libel Case (Part III)

Published by Atty. Fred June 5th, 2007 in Libel. 1 Comment

In this part of this six-part series, we will discuss the defenses raised by the main respondent in one of the two libel complaints filed before the Pasig City Prosecutor’s Office. You may also read Parts I, II, IV, V, and VI.

In his Counter-Affidavit, the main respondent claims that the complaint is merely a part of a sinister design to harass former employees who are trying to make their living away from the said company. Said respondent also claims that only members have exclusive access to greedyolddumbass.com. In the said internet forum, being exclusive, every member is open and free to express his thoughts in whatever topic. The allegedly libelous statements or comments, on the other hand, are merely expressions of outbursts common among Filipinos and that they are figures of speech.

Interestingly, the respondent also claimed that there is yet no law that considers that posting of internet chat messages through internet forum a publication to constitute the crime libel. Continue reading ‘Anatomy of an Internet Libel Case (Part III)’

Anatomy of an Internet Libel Case (Part II)

Published by Atty. Fred June 4th, 2007 in Libel. 0 Comments

As noted in Part I of this series, the basic facts of the complaints are discussed here, in Part II.

There were actually two complaints for libel – one for each of the two main respondents – before the Pasig City Prosecutor’s Office. The complaints are based on Article 353 of the Revised Penal Code, which defines libel as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

The complaints stemmed from certain comments made by two individuals in the internet forum greedyolddumbass.com. According to the complainant, the messages posted are libelous because they tend to cause dishonor, discredit and contempt against the complainant, particularly in the following manner: (a) the message inculcate in the minds of the readers that the complainant mismanaged the company he is handling, which is highly prejudicial to the interest of the company; (b) one of the messages imputed that the complainant is the source of all â€œkasamaang nangyayari even from the original companyâ€ and that â€œsiya ang reason why we left the companyâ€, which, in effect, tries to destroy the good image and reputation of the company; (c) one of the messages even implicated the complainant’s family for being â€œWALANG KWENTAâ€; and (d) the use of the words “TARANTADO” and “GAGO” against the complainant are malicious imputations.

RP Nuclei Solutions, Inc. was impleaded as a co-respondent because it is allegedly the “owner” of the internet forum greedyolddumbass.com. The complainant subsequently acknowledged that RP Nuclei Solutions, as a juridical entity, may not properly be charged with libel. The complainant, however, impleaded Abe Olandres in place of RP Nuclei Solutions.

(This is the second of six parts. Click to read Parts I, III, IV, V or VI)