There are a number of good reasons in favor of having and using a credit card. Still, we all know the possible adverse results in the unchecked use of “plastics” or credit cards, such as this one: “THERE’S a credit-card horror story that’s become some sort of an urban legend: A television personality, after losing his job in a top network, resorts to using his plastic money. By the time he finds employment in the rival network, he has wracked up P58,000 in credit card bills. But he figures he’s not yet ready to pay in full, so he pays just the minimum amount due. Yet after five years, he is shocked to realize that his credit card debt had ballooned more than 10 times to P700,000.”
Continue readingCategory Archives: Litigation
Additional Rules on Temporary Restraining Orders (TRO) on Foreclosures of Real Estate Mortgage
The Supreme Court has issued additional guidelines on the issuance of temporary restraining orders or writs of preliminary injunctions enjoining foreclosures of real estate mortgages. The additional rules will take effect on March 10, 2007.
Continue readingIndigent or Pauper Litigant: Rules in Determining Status
Anyone who has ever struggled with poverty
knows how extremely expensive it is to be poor.
– James Baldwin
This is the opening phrase of a recent decision penned by Justice Velasco involving the rules on indigent parties, summarized as follows:
Continue readingSteps in Annulment and Declaration of Nullity of Marriage
You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the ring or not (for the court procedure, see Procedure in Annulment of Marriage and Declaration of Nullity of Marriage):
Continue readingSalient Points of the Anti-Rape Law of 1997
The Subic Rape Case again puts the spotlight on the crime of rape. As comments on the merits of the case are not allowed, let us discuss the crime of rape. The salient points of the Anti-Rape Law of 1997 (Republic Act No. 8353) are discussed below.
Continue readingThe Writ of Habeas Corpus in the Philippines
The Presidential Commission on Good Goverment (PCGG) yesterday filed a petition for habeas corpus to compel the Senate to present Camilo Sabio, PCGG Chairman, before the Supreme Court and to justify his arrest and detention that was ordered by the Senate in connection with its on-going inquiry in aid of legislation. You probably read about the petition for a writ of habeas corpus filed by Jocelyn “Joc-joc†Bolante against U.S. Secretary of State Condoleezza Rice and other ranking US government officials in order to gain freedom in the United States.The term “writ of habeas corpus” had surfaced many times before. Let’s discuss this subject matter.
What is a writ of habeas corpus?
Continue readingSpecial Court could Oversee Anti-Terror Law
(This is written by Dean Jorge Bocobo at Philippine Commentary, reposted here with his permission. Also known as “Rizalist”, DJB is one of the respected writers around).
Anti-terrorism laws unavoidably entail some curtailment of the general public’s freedoms. But hardly anyone objects very strenuously even to draconian countermeasures when a credible threat is demonstrated, as in the case of a ban on carrying on-board commercial aircraft, components of liquid improvised explosives in the foiled London airliner bombing conspiracy. But last week, Senate Minority Leader Aquilino Pimentel and Rep. Nereus Acosta, vice chairman of the House Foreign Affairs Committee declared their intention to hold up, once more, the passage into Law of the long-debated Anti-Terrorism Bill because they say the authorities may use it against legitimate political and opposition leaders. On ABSCBN/ANC last night, Twink Macaraeg’s televised one-on-one debate between National Security Undersecretary Ricardo Blancaflor and the Secretary General of Bagong Alyansang Makabayan (Bayan) Renato Reyes, also revolved around the issue of how the defense of human and civil rights ought to be conducted while the international community fights a war on international terrorism. Although Neric Acosta seems comfortable endlessly debating “the definition of terrorism” as an irresolvable or inescapable rut, his, is really a cop-out position. Nene Pimentel touches on more substantive civil libertarian issues by invoking the ghost of martial laws past and the Marcosian legacy of officially denied salvagings, unexplained desaparecidos … and other human rights atrocities of the recent past. The concerns of both legislators are serious, but can, and have already been amply addressed during the debates over the anti-terror bill. I might only add the following thoughts:
(1) The concern for human and civil rights during the implementation of a new anti-terror law can be addressed in the same way that Sen. Lorenzo M. Tanada, in crafting the 1965 Anti-Wiretapping Law allowed for the legitimate use of electronic eavesdropping on citizens for intelligence and national security purposes, by placing such special operations under the supervision and jurisdiction of the Courts.
Continue readingLibel, e-Libel or Internet Libel
We see the explosion of e-groups, blogs, message boards and other fora wherein people share facts, views and opinions. With respect to established institutions, particularly newspapers, the Online Journalism Review reports how the Washingtonpost.com made good use of the internet to expand the reach and revenue of its parent paper. Gauging from the number of advertisements in Inq7.net, the same may as well hold true in the Philippine setting.
Continue readingEffect of Annulment in a Criminal Case for Bigamy in the Philippines
There are persistent questions on the effect of a petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy. It is time to have a discussion on this subject matter (see below).
Continue readingTheory of Relativity
(This is written by Judge Don Navarro, reproduced here with his express permission.)
I recently had the opportunity to ask Justice Hilarion Aquino about remedies available to an offended party where the information had been dismissed outright for lack of probable cause (see Got Cause?).
A hot topic of discussion among judges that they could not resolve by themselves was whether or not the offended party could still prosecute the civil claim. Continue reading