Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.”
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Proposed Divorce Law in the Philippines
Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, seeking for the legalization of divorce. This Congress (14th Congress), Gabriela again filed a bill to introduce divorce in the Philippines. Here’s the explanatory note of House Bill 3461, filed by GABRIELA Women’s Party Representatives Liza Largoza-Maza and Luzviminda Ilagan. Let’s open this topic for discussion (use the comment section below; see also Mixed Marriages). Let’s avoid name-calling and focus on the merits. If you support or oppose the bill, then perhaps you could talk to your respective representatives in the House.
Continue readingState of the Nation Address (SONA) 2008
[Full text of the State of the Nation Address, popularly known as the SONA, delivered by President Gloria Macapagal-Arroyo on 28 July 2008. The SONA is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.” You may also want to read the 2007 SONA; SONA 2009; 2010 SONA.]
Continue readingSupreme 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.
Continue readingEDSA I and EDSA II: The Legal Distinctions
The 22nd anniversary of the EDSA People Power Revolution will be celebrated this coming Monday, 25 February 2008, a non-working holiday. This, of course, is the celebration of the first People Power, also known as EDSA I. There’s an EDSA II and some say there’s an “EDSA Tres,” but since “EDSA Tres” was not successful, we are left with discussing the distinctions between EDSA I and EDSA II.
Continue readingA.M. No. 07-7-12-SC (full text): Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Court’s consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court Resolved to APPROVE the same.
Continue readingPandacan Oil Depot Must Go: Social Justice Society vs. Atienza Case Digest
[Just the other day, the Supreme Court affirmed the authority of Manila City to issue — and enforce — an Ordinance reclassifying certain areas within the city. The reclassification adversely affected the oil companies, which are now forced to relocate their oil terminals in Pandacan. This is a digest of Social Justice Society vs. Atienza, G.R. No. 156052, 13 February 2008. Other procedural issues are not discussed.]
Continue readingWrit of Habeas Data: Questions and Answers
A writ of habeas data a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.
Continue readingRule on the Writ of Habeas Data (A.M. No. 08-1-16-SC): Full Text
THE RULE ON THE WRIT OF HABEAS DATA
[A.M. No. 08-1-16-SC dated 22 January 2008. This Resolution shall take effect on February 2, 2008 following its publication in three (3) newspapers of general circulation.]
Continue readingGuidelines in Imposing Penalties for Libel: Questions and Answers
Libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Article. 353, Revised Penal Code; more discussion here)
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