Category Archives: Legal Procedure

The Power of Contempt vs. Professors Promoting “Rebellious” Ideas

The Philippine National Police (PNP) is given the difficult task of enforcing the law. Our police force should have the necessary tools to effectively discharge their functions, which is why the PNP was recently given the power to issue subpoena and enforce this power through contempt. The recent news items, involving PNP Chief Director General Oscar Albayalde and the power of contempt (“Professors promoting ‘rebellious’ ideas may face contempt — Albayalde“, Inquirer.net; “PNP chief says teachers ‘instigating’ students should be charged“, ABS-CBN News), got our attention. For purposes of discussing points of law, let us do a brief scan of the Supreme Court decisions on the power of contempt. Continue reading

Faster Authentication of Documents under the Apostille Convention

One problem we encounter in law practice, including in cases for recognition of foreign divorce decrees, is the difficulty in securing authenticated copies of the divorce decree and related documents. Authentication of documents is a long and expensive process. Great news — the Department of Foreign Affairs (DFA) recently announced that the Philippines has acceded to the Apostille Convention eliminating steps in authenticating documents. This Convention will enter into force between the Philippines and other States Parties which have raised no objection to its accession on 14 May 2019. According to the DFA: 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

Rules on e-Filing (A.M. No. 10-3-7-SC; full text)

Republic of the Philippines
Supreme Court
Manila

EN BANC

NOTICE

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated September 10, 2013, which reads as follows:

“A.M. No. 10-3-7-SC (Re: Proposed Rules on E-Filing) and A.M. No. 11-9-4-SC (Re: Proposed Rule for the Efficient Use of Paper). – The Court Resolved to Continue reading

The Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC; see full text). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in courts. Continue reading

Introduction to and Discussion on the Judicial Affidavit Rule

On 4 September 2012, the Supreme Court issued A.M. No. 12-8-8-SC [full text], approving the JUDICIAL AFFIDAVIT RULE. The Rule, which is intended to expedite court proceedings, is new and far from complete, necessitating an extensive discussion to thresh out various issues. Lawyers could keep their observations to themselves and hope that the other party commits a mistake, most likely gaining an edge by reason of technicality. Still, considering that the unstated purpose of the Rule is to ferret out the truth in coming out with a decision based on the merits, and not on mere technicality, it would be helpful to start an open discussion to pick the brains of the legal-minded crowd. Continue reading

Effectivity and Purpose of the Judicial Affidavit Rule

[This is Part 2 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Scope of Application of the Judicial Affidavit Rule

[This is Part 3 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Service and filing of the Judicial Affidavit

[This is Part 4 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule] Continue reading

Required contents of a judicial affidavit under the Judicial Affidavit Rule

[This is Part 5 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule]

Continue reading