Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. On the other hand, perhaps you’ve heard about the rule that no one can be imprisoned simply because of a debt in the Philippines. The prohibition against imprisonment for a debt is a basic right enshrined in no less than the Philippine Constitution. Article III of the Constitution reads:
Continue readingProclamation 1959: Martial Law in Maguindanao
[Full text of Proclamation No. 1959 dated 4 December 2009, declaring martial law in the Province of Maguindanao. See also Declaration of Martial Law under the Philippine Constitution: Exercise and Review.]
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Appointive Officials Deemed Resigned upon Filing of CoC (Quinto vs. COMELEC)
The rule in elections, as people know it, is that an appointed official is deemed automatically resigned from their positions once he/she files the Certificate of Candidacy (CoC) for any elective position. This rule on automatic resignation does not apply to elected officials. The Supreme Court initially struck down the assailed provisions for being unconstitutional (Eleazar Quinto vs. COMELEC, G.R. No. 189698, 1 December 2009), but the decision was subsequently reconsidered and reversed, in the Supreme Court’s Resolution dated 22 February 2010.
Continue readingNo More Violations for Premature Campaigning in Philippine Elections
Premature campaigning is now gone from our statute books. This is the effect of the Supreme Court resolution in Rosalinda Penera vs. Commission on Elections, G.R. No. 181613, 25 November 2009 (Justice Carpio, pontente).
Continue readingRevised 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[Superseded by 2019 Supreme Court Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18-SC): Full Text]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.
Continue readingFAQ on 13th-Month Pay in the Philippines
13th-month pay is a form of monetary assistance equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that an employee has rendered service to an employer (basic monthly pay/12 x number of months actually worked).
Continue readingBrief Discussion on Infidelity, Concubinage, Adultery and Bigamy
We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts:
Continue readingImmunity from Suit of an International Organization and its Officers
There are two conflicting concepts of sovereign immunity, according to the Philippines Supreme Court: (a) Classical or absolute theory — a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign; and (b) Restrictive theory — the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis.
Continue readingHoliday Economics in the Philippines
We celebrate holidays to commemorate an event or a person of special significance to the country. While the declaration of holidays is supposed to bring unity, it sometimes results to confusion in the workplace, even if unintended.
Continue readingEid’l Adha (November 27-28): Regional Holiday
[Malacanang earlier issued Proclamation 1808, declaring November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday. The full text is reproduced below.]
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