Category Archives: Legal Procedure

The Impeachment: Should Chief Justice Renato Corona Testify in his Defense?

Posted on March 22, 2012 by Atty. Fred| 5 Comments

Today, 22 March 2012, the defense presented its last witness (former Manila Mayor Lito Atienza) before the Senate, acting as an impeachment court, takes a break. Even before the trial resumes in May, there’s a discussion on whether Chief Justice Corona should take the witness stand. Read more »

Posted in Legal Procedure, Politics & Society

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Live Webcaset or Video Streaming of the Maguindanao Massacre cases

Posted on June 29, 2011 by Atty. Fred| Leave a comment

In a first for the Philippines, the Supreme Court today provided a live webcast or video streaming in its website (sc.judiciary.gov.ph) of a pending case. The live coverage is for the “Maguindanao Massacre cases“. The SC earlier issued the guidelines applicable only (pro hac vice) to the live broadcasting by radio and television of the “Maguindanao Massacre cases“. These guidelines are (as provided in A.M. No. 10-11-5-SC, A.M. No. 10-11-6-SC and A.M. No. 10-11-7-SC): Read more »

Posted in Internet & Technology, Legal Misc, Legal Procedure

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MCLE Compliance: Implementation of Bar Matter 1922 extended to 1 January 2009

Posted on September 5, 2008 by Atty. Fred| 34 Comments

The Supreme Court earlier issued Bar Matter No. 1922, requiring all lawyers to indicate the number and date of issue of their MCLE Certificate of Compliance, and if they could not do so by 25, August 2008, it will result to the dismissal of the case and the expunction of the pleadings from the records. The SC has extended the compliance date to 1 January 2009. Thank God for small mercies. Here’s the full text of the amendment: Read more »

Posted in Legal Misc, Legal Procedure

JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms

Posted on July 2, 2008 by Atty. Fred| 2 Comments

As the Philippine judiciary continues to battle with hundreds of thousands of cases pending before it, the Supreme Court of the Philippines through the Justice Reform Initiatives Support (JURIS) Project promotes the use of Alternative Dispute Resolution (ADR) mechanisms to help de-clog the court dockets. Read more »

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Salient Points of the Amendments to Rules 41, 45, 58 and 65 of the Rules of Court

Posted on March 18, 2008 by Atty. Fred| 1 Comment

The Supreme Court recently approved certain amendments to the Rules of Court. On 4 December 2007, the SC issued A.M. No. 07-7-12-SC, approving the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court. The Resolution took effect on 27 December 2007, following its publication in a newspaper of general circulation. The amendments include: Read more »

Posted in Legal Procedure

SC issues Guidelines for Imposition of Libel Penalties

Posted on January 31, 2008 by Atty. Fred| 11 Comments

The Supreme Court has just issued Administrative Circular No. 08-2008, providing for Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases. Trial courts may, in its discretion and based on the peculiar circumstances of each case, impose only a fine, instead of imprisonment. Read more »

Posted in Criminal Law, Legal Procedure

Venue of Petitions for Annulment or Declaration of Nullity

Posted on November 29, 2007 by Atty. Fred| 6 Comments

Here’s something that should keep everyone busy over the long weekend. One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages — Read more »

Posted in Family Law, Legal Procedure

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Pardon for Erap? What say you?

Posted on October 25, 2007 by Atty. Fred| 11 Comments

There’s a controversy on the proposal to pardon former President Joseph Estrada. Those in favor of the grant of Presidential pardon argue that Erap has suffered enough, that he is already 70 years old and that, in any event, PGMA has absolute discretion to pardon anyone she chooses. Those who oppose the pardon, on the other hand, argues that it is an insult to national honor and that it sends the wrong signal to everyone — steal big and then get a pardon. Read more »

Posted in Legal Procedure, Politics & Society

Rule on DNA Evidence

Posted on October 21, 2007 by Atty. Fred| 1 Comment

This month, the Supreme Court issued the Rule on DNA Evidence, through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is at the Philippine e-Legal Forum. The use of DNA in cases gained popularity in recent years. In 2005, the Supreme Court required certain trial court judges to attend a symposium on the use of DNA analysis in court. Read more »

Posted in Legal Procedure

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Writ of Amparo: Supreme Court approves Rules

Posted on September 28, 2007 by Atty. Fred| Leave a comment

The Supreme Court already approved the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The full text of the Rule, which shall take effect on 24 October 2007, is here. Here’s the Q&A: Read more »

Posted in Legal Procedure, Politics & Society