To determine whether or not a case involves an intra-corporate dispute, two tests are applied – the relationship test and the nature of the controversy test.
Continue readingThe Local Government Code of 1991 (Republic Act No. 7160, Sections 399-422) provides for the creation of the Lupong Tagapamayapa in each barangay. The Lupon Chairperson is tasked to mediate between the parties in a complaint. In case the mediation effort fails, the matter will be referred to the Pangkat ng Tagapagkasundo. Continue reading
There are concepts in law, litigation in particular, that are considered basic for lawyers, but confusing for the layperson. A general query we received highlighted the need to discuss these basic concepts, consistent with the purpose of this Forum to help in the Court’s effort to educate the public on the law, considering that ignorance of the law excuses no one.
Continue reading[The Supreme Court approved, through A.M. No. 15-06-10-SC dated 25 April 2017, the “Revised Guidelines for Continuous Trial of Criminal Cases”. It took effect on 1 September 2017 Here is the full text of the “Revised Guidelines for Continuous Trial of Criminal Cases”.]
[The Supreme Court issued the Frequently Asked Questions on the 2016 Revised Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC, effective 1 February 2016. We are reproducing the full text of the Q&A for dissemination and educational purposes.]
Continue readingSEC. 1. MOTION FOR RECONSIDERATION IN SUSPENSION OF PAYMENTS PROCEEDINGS. – A party may file a motion for reconsideration of a Suspension of Payments Order, or any order issued by the court prior to its order confirming or disapproving the proposed agreement mentioned in Section 9, Rule 3 (A) of these Rules. No relief can be extended to the party aggrieved by the court’s order on the motion through a special civil action for certiorari under Rule 65 of the Rules of Court.
Continue reading[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.]
Continue readingIn preparation for the pilot test of Rules 22 and 24 of the proposed Revised Rules of Civil Procedure, the Supreme Court, in coordination with the Philippine Judicial Academy (PHILJA), The Asia Foundation, USAID and the Integrated Bar of the Philippines (IBP), conducted pre-pilot seminar workshops in various parts of the country. Part of the seminar-workshop is a video for the face-to-face trial under the proposed rules. The video, entitled “A Pound of Flesh“, is definitely a helpful learning aid considering the “paradigm shift” in the proposed rules.
Continue reading[See also: Face-to-Face Trial, Training Video]
FROM THE DESK OF:
ATTY. MA. LOURDES E.B. OLIVEROS
Chief Justice Staff Head
Office of Chief Justice Maria Lourdes P. A. Sereno
11 August 2014
ATTY. ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
En Banc
Dear Atty. Vidal:
Pursuant to the 18 March 2014 Resolution of the Court en banc in A.M. No. 14- 03-02-SC and the Memorandum of the Office of the Court Administrator dated 5 August 2014 providing a list of courts to pilot test Rules 22 and 24 of the proposed Revised Rules of Civil Procedure, we request for the “[p]ublication of Rules 22 and 24 of the proposed Revised Rules of Civil Procedure in a newspaper of general circulation at least 6 months before the start of their actual piloting in the selected stations,” as attached.
Continue reading