Happy Holidays to All!

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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.

How to Change the Philippine Constitution

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Amending the Constitution, which is the highest law of the land, is an issue that comes alive in every term of recent Presidents. Terms such as “Cha-Cha” (charter change), “con-ass” and “concon” are thrown around with regularity. Some sectors argue that there’s a need to amend the Constitution now. Others say that while there’s a need to amend the Constitution, it should be done in a time when the people are comfortable with our leaders. Still others simply don’t care. So, how do you amend the Constitution?

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Legal Status of Parcels of Land in Boracay

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If you’re planning to purchase or deal with land located in Boracay, you may want to check on two things: (1) whether the parcel of land belongs to the portion already declared as agricultural, as this is the only portion which may be alienated or disposed of; and (2) if it is classified as agricultural land, whether there is sufficient basis for the owner to claim title to it, as discussed in the case digest below.

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Cooperatives in the Philippines: An Introduction

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[Refer to the updated Introduction to the Philippine Cooperative Code of 2008, taking into consideration the enactment of the new law, Republic Act No. 9520. See also How to Register a Cooperative] A cooperative is a duly registered association of persons with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable to contribution to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principle.

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Primer on the President’s Power to Grant Pardon

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Pardon is “an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.”

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

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[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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