Author Archives: P&L Law

About P&L Law

Pamaos & Labao Law Firm (P&L Law) is a full-service professional legal firm, located in Metro Manila, Philippines | Telephone: (+632) 7799-0589 | Email: info@pnl-law.com | Website: http://pnl-law.com

2009 Bar Examinations: Top 10 and List of Successful Examinees

On 26 March 2010, the Supreme Court issued the List of Successful Examinees of 2009 Bar Examinations. The passing rate is 24.58% (1,451 out of 5,903 examinees from 108 law schools). The Top 10 examinees are:

1. YEBRA, Reinier Paul R. (84.80, San Beda College)
2. TAPIC, Charlene May C. (84.60, San Beda College)
3. LIM, John Paul T. (84.50, Ateneo Law)
4. LAGOS, Caroline P. (84.40, UP Law)
5. TAN, Eric David C. (84.05, Ateneo Law)
6. GONZALEZ, Yves-randolph P. (83.90, Ateneo Law)
7. TO, Joan Mae S. (83.65, Ateneo Law)
8. BAGRO, III, Herminio C. (83.40, UP Law)
9. LUMAUIG, Timothy Joseph N. (83.20, Ateneo Law)
10. BAINTO, Naealla Rose M. (83.10, Ateneo Law)
10. GO, Sheila Abigail O. (83.10, Ateneo Law)

Here’s the full list of the examinees who passed the 2009 bar exams. Congratulations!

Appointive Officials Deemed Resigned upon Filing of CoC (Quinto vs. COMELEC)

The rule in elections, as people know it, is that an appointed official is deemed automatically resigned from their positions once he/she files the Certificate of Candidacy (CoC) for any elective position. This rule on automatic resignation does not apply to elected officials. The Supreme Court initially struck down the assailed provisions for being unconstitutional (Eleazar Quinto vs. COMELEC, G.R. No. 189698, 1 December 2009), but the decision was subsequently reconsidered and reversed, in the Supreme Court’s Resolution dated 22 February 2010. 

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Revised Rule on Children in Conflict with the Law

[Superseded by 2019 Supreme Court Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18-SC): Full Text]

Administrative Matter No. 02-1-18-SC

REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW

Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.

A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.

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Immunity from Suit of an International Organization and its Officers

There are two conflicting concepts of sovereign immunity, according to the Philippines Supreme Court: (a) Classical or absolute theory — a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign; and (b) Restrictive theory — the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis.

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Eid’l Adha (November 27-28): Regional Holiday

[Malacanang earlier issued Proclamation 1808, declaring November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday. The full text is reproduced below.]

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Eid’l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009

[Malacanang declared November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering if “national holiday” means a regular holiday or a special holiday. This is clarified in the Labor Advisory issued by DOLE. The full text of Proclamation No. 1808 and the DOLE Labor Advisory are reproduced below. Many were also wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday.]

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Liability of a Co-Maker: Distinguished from Guarantor

Maybe you have been asked by a friend to sign as a co-maker in a loan transaction. You’re then asked to sign a promissory note or a debt instrument which designates you as a co-maker. There should be no problem with this, as the principal is usually someone the co-maker knows and trusts. However, there are plenty of examples when co-makers are declared liable because the principal debtor was not able to pay. This is a brief discussion on the extent of a co-maker’s liability.

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Anti-Trafficking in Persons Act of 2003 (RA 9208): A Primer

A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003. Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief discussion on Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003“.

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Extrajudicial Settlement of Estate: Basic Discussion

When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate.

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