Category Archives: Litigation

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 [Update: For the Amendments to Rules 6 to 35, see 2019 Amendments to the 1997 Rules of Civil Procedure]. The Resolution took effect on 27 December 2007, following its publication in a newspaper of general circulation. The amendments include:

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A.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.

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Checkpoints and the Right Against Unreasonable Search and Seizure

A checkpoint is something that motorists have to contend with on the road. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and extortion practiced upon innocent civilians. Even the increased prices of foodstuffs coming from the provinces, entering the Metro Manila area and other urban centers, are largely blamed on the checkpoints, because the men manning them have reportedly become “experts” in mulcting travelling traders. This, of course, is a national tragedy.”

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A No-Nonsense Court Management

While managing a court effectively is no rocket science, neither it is to be taken lightly. If you are a judge or a court official, you have been appointed exactly to the position you desired. And here are your basic duties:

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Jurisdiction of Philippine Courts

Jurisdiction sounds a bit intimidating for the layman, specially if you add “court” to it. This is particularly true if there’s a “foreign element,” such as in contracts, where a particular aspect of the contract — whether in its nature, negotiations, execution, performance or breach — is done or governed in a territorial jurisdiction outside the Philippines.

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Writ of Amparo: Questions and Answers

A writ of amparo 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 or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.

What rule governs petitions for and the issuance of a writ of amparo?

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Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)

(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], 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 or entity. Here’s the full text of the Rule, which shall take effect on 24 October 2007.) Continue reading

Preliminary Investigation for Criminal Cases in the Philippines

At the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases – there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, it’s available ONLY in criminal cases.

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