Category Archives: Obiter / News

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

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(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 →

Emergency Powers of the Philippine President

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There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.

Emergency, as a generic term, connotes the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies, as perceived by legislature or executive in the United States since 1933, have been occasioned by a wide range of situations, classifiable under 3 principal heads: (a) economic; (b) natural disaster; and (c) national security.

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R.A. 9492 – Holiday Economics and Movable Holidays

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Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows. Still, for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.

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State of the Nation Address (SONA 2007; full text)

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(The State of the Nation Address or “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.” Here’s the full text of President Gloria Arroyo’s 2007 State of the Nation Address [July 23, 2007]. See also SONA-2008; SONA 2009; SONA 2010)

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2006 Bar Exams: Results out

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(Note: The bar exams forum is now online) I was hesitant to write anything yesterday, April Fools’ day, especially when what I had to say is something important (well, for those who took the exams, at least) – the bar results will be released tomorrow, 3 April 2007. I noticed that so many future lawyers (their friends and loved ones included) had swamped my Atty-at-Work site, causing it to become unavailable. So, in order for our friends to have another venue to express their colorful emotions (and ease the traffic at the other site), I’m temporarily disabling the registration requirement here so that anyone may release pent-up emotions and post their comments. Continue reading →

The Function of a Legal Forum

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First off, allow us to thank those who regularly visit this Forum. Thanks also to those who dropped a comment or two, or an email, expressing their appreciation, as well as those who take time to write and contribute articles.

At close to 300 unique hits a day, perhaps we can say that this Forum is slowly achieving its modest purpose of disseminating legal information to the general public (at the very least, those with internet access), in a manner consistent with the plain language initiative. We don’t pretend that such coverage is extensive, as the internet penetration index of the Philippines is admittedly low. Nevertheless, we have to start somewhere. Continue reading →