Category Archives: Legal Misc

Balikbayan Boxes: What OFWs Must Know About Random or Arbitrary Physical Inspection

The sending of balikbayan boxes, especially during the Christmas season, by Overseas Filipino Workers (OFW) is a normal phenomenon. Balikbayan Boxes, according to the Bureau of Customs, “are packages of personal effects and/or pasalubongs sent by Filipinos residing or working abroad to their families or relatives in the Philippines to enhance Philippine tradition and culture for the promotion and preservation of strong family ties through love and caring expressed in gift-giving.” Continue reading

Identify Theft: Notices or Demands from a Certain Atty. Frederick Pamaos or Atty. Federico Pamaos

I received reports that my name is being used in collection/harassment acts, as well as text/online scams. Allow me clarify that there’s only ONE person with the surname Pamaos listed in the Philippine Supreme Court’s Roll of Attorneys: FRED B. PAMAOS. In other words, there’s only one lawyer, practicing in the Philippines, with the surname Pamaos. There’s NO lawyer named Frederick Pamaos, Federico Pamaos or Frederico Pamaos. If someone claims to be Atty. Pamaos but uses a first name other than “Fred”, that person is a fake. If someone uses the name Fred B. Pamaos, please call the telephone numbers ([02] 927-7673 and [02] 454-1442) of our law office and verify if the notice/demand letter is legitimate. Please check our law firm’s website (jlp-law.com, click here) for other contact details. Continue reading

MCLE Compliance in Entry of Appearance and Pleadings (Bar Matter No. 850)

[The Supreme Court issued a Resolution dated 17 February 2015 (full text below), which is effective 1 March 2015, requiring all counsels, including partners of law firms whose names appear in the said pleadings, to indicate their MCLE exemption or compliance number. Does this mean that if one signatory is non-compliant, even if the other co-signatories are MCLE compliant, the court can disregard/dismiss the pleading/motion?] Continue reading

Statement of Chief Justice Maria Lourdes P. A. Sereno on the recent Maguindanao Encounter

In the wake of the recent deaths in Mamasapano, Maguindanao involving officers and members of the Philippine National Police – Special Action Force and the Moro Islamic Liberation Front, I and my colleagues on the Supreme Court express our deepest sympathy to the families and loved ones of our injured and fallen policemen. We deeply mourn for those killed, and weep with their families as we would weep for our own kin. No words are enough to console the families for their loss, perhaps even the promise of earthly justice will sound hollow at this time. But I ask them now to cling to the hope that there is always the eternal realm. Continue reading

Anti-Selfie Bill or Protection Against Personal Intrusion

News articles label a proposed law as “anti-selfie” bill. The label, however, is not accurate. The proposal currently pending at the House of Representatives does not prohibit selfies per se — it declares illegal the act of taking photos, among others, of other people for commercial purposes. But it can seriously collide with ubiquitous recording technology and can adversely affect growing sectors like citizen journalism, blogging and online social networks. It is, therefore, important to understand what others call the “anti-selfie” bill and what it seeks to prevent. Read the full text below and help us discuss the pros and cons of this proposed law (use the comment section below). Continue reading

Mind your Comma

Writing is not the easiest task among the many facets of law practice. I’ve never been a fan of grammar nazis, but I came to appreciate these misunderstood souls the moment I joined the legal profession, first as a litigator. Non-lawyers think that the bulk of a litigator’s work consists in personal appearances in court. Lawyers know that litigation is not only about courtroom drama. It is equally about how well lawyers present their arguments in written form. Continue reading

Q&A on the Philippine Lemon Law (Republic Act 10642)

The exact coverage of lemon laws varies from one jurisdiction to another, but lemon laws uniformly refer to “lemons” as defective products. After numerous bills filed in Congress through the years, the proposed lemon law has been approved by both chambers and on 15 July 2014, President Benigno Aquino signed the Philippine Lemon Law (Republic Act 10642, full text), set to take effect fifteen (15) days from publication [Update: the Philippine Lemon Law took effect on 7 August 2014; see also effectivity and coverage]. While this law directly affects only a small portion of the population, the fact remains that this law covers a major purchase or investment, with the purchase money coming from years of hard work. Let us dissect this new law. Continue reading

Joint Administrative Order No. 2014-01: Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation [full text]

Republic of the Philippines
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

JUNE 2, 2014

JOINT ADMINISTRATIVE ORDER NO. 2014-01

SUBJECT: REVISED SCHEDULE OF FINES AND PENALTIES FOR VIOLATIONS OF LAWS, RULES AND REGULATIONS GOVERNING LAND TRANSPORTATION

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Republic Act 10535: The Philippine Standard Time (PST) Act of 2013

[See also Filipino Time is On Time]

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT NO. 10535

AN ACT TO SET THE PHILIPPINE STANDARD TIME (PST) IN ALL OFFICIAL SOURCES THROUGHOUT THE COUNTRY, TO PROVIDE FUNDS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF SYNCHRONIZED TIME DEVICES TO BE DISPLAYED IN KEY PUBLIC PLACES AND TO DECLARE THE FIRST WEEK OF EVERY YEAR AS NATIONAL TIME CONSCIOUSNESS WEEK

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