Category Archives: Legal Procedure

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 here. Read more »

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 the marginalized.

A criticism, however, is made that the increased filing fees is anathema to the declared intent of giving the less fortunate more access to courts. This issue is partly addressed by filing a case as a pauper or indigent litigant, which is the subject of a recent Supreme Court decision. More discussions here.

SC is not a trier of facts – Sigaw ng Bayan

“The arguments used as basis in the Supreme Court’s decision were questions of facts, issues that should not be tackled by the Supreme Court. The [high] court is not a trier of fact but should only decide on issues of laws and jurisdiction,” [Atty. Raul] Lambino [of Sigaw ng Bayan] told ABS-CBN‘s Magandang Umaga Pilipinas. Read more »

Change of name without court intervention (R.A. 9048)

It’s now easier to ask for corrections in first names and typographical errors under Republic Act No. 9048, which took effect on 22 April 2001. Under this law, the city or municipal civil registrar (or the consul general) may correct a clerical or typographical error in an entry, or change the first name or nickname in the civil register without need of a court order. The law characterizes “clerical or typographical error” as: Read more »

The irony of love and annulment (steps and procedure for annulment)

It’s no surprise that one of the most popular internet searches is annulment, psychological incapacity and divorce. The emergence of these topics on top of the list makes my task easier. In order to achieve one of the purposes of this blawg, which is to make the law less alien to non-lawyers, I am constrained to choose topics (like bouncing checks or BP 22) that are, in my opinion, more relevant. The task of identification what topics to discuss would be much easier with feedback (either through the trends or, better still, actual suggestions). Read more »