Just dropping by to wish everyone a Merry Christmas (despite the economic crisis) and a prosperous New Year (again, despite the economic crisis). If it’s any consolation, Malacanang issued Proclamation No. 1695 , declaring January 2, 2009 as an additional non-working holiday for 2009 . That means we have a VERY long vacation from December 25 until January 4, 2009. Enjoy the holidays, everyone. More blessings in the years to come.
Category Archives: Obiter / News
Basic Q&A on the Rule of Procedure for Small Claims Cases
[Note: See amendments, Frequently Asked Questions on the 2016 Revised Rules of Procedure for Small Claims Cases] The Supreme Court approved, through A.M. No. 08-8-7-SC dated 9 September 2008, the proposed “The Rule of Procedure for Small Claims Cases” (see full text). Here’s the basic primer or discussion on the new procedure. Continue reading
Implementation of Bar Matter 1922 extended to 1 January 2009
The Supreme Court earlier issued Bar Matter No. 1922, requiring all lawyers to indicate the number and date of issue of their MCLE Certificate of Compliance, and if they could not do so by 25, August 2008, it will result to the dismissal of the case and the expunction of the pleadings from the records. The SC has extended the compliance date to 1 January 2009. Here’s the full text of the amendment:
Continue readingState of the Nation Address (SONA) 2008
[Full text of the State of the Nation Address, popularly known as the SONA, delivered by President Gloria Macapagal-Arroyo on 28 July 2008. The SONA is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.” You may also want to read the 2007 SONA; SONA 2009; 2010 SONA.]
Continue readingSupreme Court Promotes Mediation and Alternative Dispute Resolution Mechanisms
As the Philippine judiciary continues to battle with hundreds of thousands of cases pending before it, the Supreme Court of the Philippines through the Justice Reform Initiatives Support (JURIS) Project promotes the use of Alternative Dispute Resolution (ADR) mechanisms to help de-clog the court dockets.
Continue readingBar 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.
Continue readingEffect of Pending Cases on the Senate’s Power to Conduct Investigation in Aid of Legislation
There’s a radio commentary discussing the possible effect of the pending complaints filed with the Office of the Ombudsman on the Senate hearings in connection with the aborted $329-million national broadband network (NBN) deal with China’s ZTE Corp., with Rodolfo Noel “Jun” Lozada, Jr. as the central witness. The commentary cited the case of Bengzon, Jr. vs. Senate Blue Ribbon Committee, in which case the Supreme Court (SC) stopped an investigation of the Senate Blue Ribbon Committee as “the issue to be investigated was one over which jurisdiction had already been acquired by the Sandiganbayan, and to allow the [Senate Blue Ribbon] Committee to investigate the matter would create the possibility of conflicting judgments; and that the inquiry into the same justiciable controversy would be an encroachment on the exclusive domain of judicial jurisdiction that had set in much earlier.”
Continue readingSalient 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:
Continue readingResults of the 2007 Philippine Bar Exams
There are rumors that the results of the 2007 bar exams will be released in February 2008 (while others say it’s March). In the days to come, there will be more “rumors” as to when the 2007 results will be released. These rumors only add to the examinee’s agony of waiting for the bar results. So, we will try to provide updates here and post the results upon release. Good luck and God bless to all 2007 bar examinees! (Should the site traffic become a problem, please also check the updates at Atty-at-Work). Update: LIST OF SUCCESSFUL EXAMINEES here.
Rule on DNA Evidence (A.M. No. 06-11-5-SC): Full Text
(The use of DNA in cases gained popularity in recent years. It is used not only in criminal cases, but also in paternity disputes. This month, the Supreme Court issued the Rule on DNA Evidence, through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is reproduced below.)
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