We wrote that on 24 June 2006, President Gloria Macapagal-Arroyo signed into law Republic Act No. 9346, entitled ‘An Act Prohibiting the Imposition of Death Penalty in the Philippines‘. Let’s examine the Supreme Court decisions after the abolition of the Death Penalty.
Continue readingAuthor Archives: P&L Law
Dual Citizens may Vote sans One-Year Residency in the Philippines
As previously discussed, Filipinos who lost their citizenship through naturalization in a foreign country may now re-acquire their Philippine citizenship, and thereafter exercise civil and political rights, including the right to vote. This is provided in Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003). On the other hand, with respect to the right of suffrage or to vote, the Constitution provides that it may only be exercised by Filipino citizens who, among others, shall have resided in the Philippines for at least one year.
Continue readingIn Memory of the Death Penalty in the Philippines
As reported in BBC News, the United States Supreme Court stopped the execution of a death convict, pending a determination if the chemicals to be used in the execution would cause pain (based on the constitutional prohibition against cruel and unusual punishment). The challenge, however, is not based on the argument that the death penalty per se is unconstitutional.
Continue readingPeople’s Initiative: No Sufficient Enabling Law to Amend the Constitution
The recent effort to amend the Constitution through people’s initiative met the same fate as the previous ones. As early as 1997, in the case of Defensor-Santiago vs. COMELEC (G.R. No. 127325, 19 March 1997), the Supreme Court already decided, although with vigorous dissenting opinions, that the law intended to provide the mechanism for people’s initiative is not sufficient. Let’s take a look at that case.
Continue readingRetention and Re-Acquisition of Philippine Citizenship
Former natural-born Filipinos who retain or re-acquire Philippine citizenship under Republic Act No. 9225 (“Citizen Retention and Re-Acquisition Act of 2003“) shall enjoy full rights enjoyed by any Filipino, subject to certain conditions enumerated below. Please note that the law covers only “natural-born” Filipinos (born of one or both parents who are Filipino citizens at the time of birth) who acquired foreign citizenship through naturalization.
Continue readingGot [Probable] Cause?
[This entry was posted by Judge Don Navarro at his site (“Got Cause?”) and reproduced here with his express permission.]
One motion quickly gaining favour among lawyers after the 2000 Rules of Criminal Procedure came into effect is the “Motion for Determination of Probable Cause” to hold the accused for trial.
Continue readingThe Family Code of the Philippines (Executive Order No. 209; full text)
[Full text below. Or see Table of Contents/Directory; Title I, Title II, Title III, Title IV, Title V, Title VI, Title VII, Title VIII, Title IX, Title X, Title XI, and Title XII]
Continue readingBouncing Checks (B.P. 22): What You Need to Know
Some people still have confidence, which confidence may be regarded as misplaced by others, in the deterrent effect of Batas Pambansa Blg. 22, also known as the “Bouncing Checks Law” (full text here). Here are some things a layman should know:
Continue readingThe Law Blog
The decision to put up a law blog did not come easy. The first and strongest argument against a legal blog is the formality that has come to be expected from anything that has to do with the practice of law, (i.e. dress codes, codes of conduct, rules of court and other codified rules of behavior). A blog, therefore, would appear to be an anathema to this strict and rigid environment where the observance of rules and protocols takes primacy.
The term “blog” itself (a contraction of the words “web log” to the cyber-challenged), in fact, speaks volumes about the kind of themes and environments one can expect from this evolution in internet communication. The general connotation, after all, is that a blog is, at its very core, an informal venue to share information. Blogs have in fact become sounding boards for the free exchange of ideas, sometimes even a venue for “selling” or in more politcally correct terms, “promoting” world views. At first blush, therefore, there appears to be two mutually exclusive ideas, the free-flowing-most-anything-goes world of bloggers and the highly “cannalized” or rule-bound world of lawyering where self-promotion is considered a mortal sin, on a head-on collision where in the end, there could be only one. Law students are taught that the law is a jealous mistress (or in deference to all things gender sensitive, its equivalent male term – jealous gigolo).
Continue readingPreamble (Philippine Constitution)
PREAMBLE
(1987 Philippine Constitution)
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
