Republic Act No. 9480, also known as the “Tax Amnesty Act of 2007”, was passed by Congress to grant amnesty for all unpaid internal revenue taxes imposed by the national government for the taxable year 2005 and prior years.
Continue readingRA 9184 or The Government Procurement Reform Act of 2003: Boon or Bane?
By: ACA Nimfa Cuesta Vilches
The procurement (acquisition of goods, services and contracting for infrastructure project) law was enacted to lay down rules and regulations and to modernize, standardize, and regulate the procurement activities of the government. It is a response to the clamor of the citizenry to provide value for taxpayer money (P147.662 billion capital outlay in the P1.227 trillion national budget this year) and show Government commitment to good governance, transparency, accountability, equity, efficiency, and economy in the procurement process. In short, the law wants to deter corruption.
Continue readingExtradition 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.
Continue readingThe Writ of Habeas Data (Speech of Chief Justice Reynato Puno)
(This is a speech delivered by Supreme Court Chief Justice Reynato S. Puno on 19 November 2007, at the UNESCO Policy Forum and Organizational Meeting of the Information for all Program (IFAP), Philippine National Committee.)
Continue readingSolo Parents: Primer on the Solo Parents’ Welfare Act of 2000 (RA 8972)
A “solo parent” (pursuant to Republic Act No. 8972, also known as the “Solo Parents’ Welfare Act of 2000”) is any individual who falls under any of the following categories:
Continue readingEDSA I and EDSA II: The Legal Distinctions
The 22nd anniversary of the EDSA People Power Revolution will be celebrated this coming Monday, 25 February 2008, a non-working holiday. This, of course, is the celebration of the first People Power, also known as EDSA I. There’s an EDSA II and some say there’s an “EDSA Tres,” but since “EDSA Tres” was not successful, we are left with discussing the distinctions between EDSA I and EDSA II.
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 readingA.M. No. 07-7-12-SC (full text): Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Court’s consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court Resolved to APPROVE the same.
Continue readingPandacan Oil Depot Must Go: Social Justice Society vs. Atienza Case Digest
[Just the other day, the Supreme Court affirmed the authority of Manila City to issue — and enforce — an Ordinance reclassifying certain areas within the city. The reclassification adversely affected the oil companies, which are now forced to relocate their oil terminals in Pandacan. This is a digest of Social Justice Society vs. Atienza, G.R. No. 156052, 13 February 2008. Other procedural issues are not discussed.]
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