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. [...]
Archive for the ‘Procedure’ Category
JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms
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.
Salient Points of the Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
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. [...]
SC issues Guidelines for Imposition of Libel Penalties
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.
Venue of Petitions for Annulment or Declaration of Nullity
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 [...]
Pardon for Erap? What say you?
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 [...]
Rule on DNA Evidence
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 [...]
Writ of Amparo: Supreme Court approves Rules
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 [...]
Senator Antonio Trillanes: Should he be allowed to post bail
We have a poll (see upper right sidebar) on people’s opinion on the application for bail of Senator Antonio Trillanes. You may vote only once.
Someone suggested to open the discussion because, as you can see from the poll, there’s no portion where you can explain your vote or post a comment. You may do that [...]
Pauper litigant: Court access for the less fortunate
The Supreme Court noted in a recent case that access to justice by the impoverished is held sacrosanct under Article III, Section 11 of the 1987 Constitution. Without doubt, one of the most precious rights which must be shielded and secured is the unhampered access to the justice system by the poor, the underprivileged, and [...]
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