Category Archives: Litigation

Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

[A.M. No. 12-8-8-SC, 4 September 2012]

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Continue reading

Interim Rules of Procedure for Intra-Corporate Controversies (A.M. No. 01-2-04-SC)

[Note: The Revised Corporation Code (Republic Act No. 11232), provides that “[p]ursuant to Presidential Decree No. 902-A, retain jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution” (Sec. 179). In other words, intra-corporate disputes and related matters continue to be under the jurisdiction of regular courts, subject to the Interim Rules of Procedure for Intra-Corporate Controversies, the full text of which is reproduced below.]

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Revised Rule on Children in Conflict with the Law

[Superseded by 2019 Supreme Court Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18-SC): Full Text]

Administrative Matter No. 02-1-18-SC

REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW

Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving children in conflict with the law.

A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen years old but not less than fifteen (15) years and one (1) day old.

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Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC; full text)

[In A.M. No. 08-8-7-SC dated 9 September 2008, the Supreme Court en banc approved “The Rule of Procedure for Small Claims Cases,” scheduled to take effect on 1 October 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation. Read the Basic Q&A on the Rule of Procedure for Small Claims Cases. Here’s the full text of the “The Rule of Procedure for Small Claims Cases.”]

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Bar Matter No. 1922: MCLE Compliance

Quoted hereunder, for your information, is a resolution of the Supreme Court En Banc dated June 3, 2008:

“Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. – The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program.

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Extradition Procedures and Principles in the United States

In one of the Senate hearings in relation to the NBN investigation, a point was raised regarding a request for extradition of potential witnessess allegedly in the United States of America. Extradition is a big word for non-lawyers who watched the Senate investigation, so it may be helpful to have a brief discussion on this subject.

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