Checkpoints and the Right Against Unreasonable Search and Seizure

A checkpoint is something that motorists have to contend with on the road. Only recently, a “concerned Filipino citizen” raised some issues with respect to PNP/AFP checkpoints. The issues raised are valid, as the Supreme Court itself noted that it “has become aware of how some checkpoints have been used as points of thievery and extortion practiced upon innocent civilians. Even the increased prices of foodstuffs coming from the provinces, entering the Metro Manila area and other urban centers, are largely blamed on the checkpoints, because the men manning them have reportedly become “experts” in mulcting travelling traders. This, of course, is a national tragedy.”

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The Basic Elements of Contracts

If a contract brings you to court, it is a poorly-prepared contract. The rationale for this statement is this – if the rights and obligations of the parties are clearly provided and defined, there is a lesser chance of misinterpretation. This, of course, is not necessarily true. Even a carefully drafted contract, prepared by the big law firms, may still end up in court if the parties do not comply in good faith with their respective obligations. Still, it would be better to know the basic elements of a contract.

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A No-Nonsense Court Management

While managing a court effectively is no rocket science, neither it is to be taken lightly. If you are a judge or a court official, you have been appointed exactly to the position you desired. And here are your basic duties:

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Cases on the National Identification (ID) System – Part 2

This is the second part (read part 1 here) of our discussion relating to the recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.” In the second case, Kilusang Mayo Uno vs. Director-General of NEDA, the SC upheld the validity of Executive Order 420 which adopts a unified multi-purpose ID system for government agencies.

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Cases on the National Identification (ID) System

The recent talks on reviving the plan to implement a national identification (ID) system brings two cases back into the spotlight. In the first case, Ople vs. Torres, the Supreme Court struck down Administrative Order 308 which seeks to implement the “National Computerized Identification Reference System.” In the second case, Kilusang Mayo Uno vs. Director-General of NEDA, the SC upheld the validity of Executive Order 420 which adopts a unified multi-purpose ID system for government agencies. Let’s discuss each case, in the hope of giving our readers a brief overview how the new proposals are different from these cases. Continue reading

Forms of Business: Sole Proprietorship, Partnership, Corporation

After deciding to start a business (and the particular business to pursue), one of the important issues is the form of business entity that will serve as the vehicle in pursuing the business. You may say that the next important issue is the source of funding, which is correct, but that issue will be discussed much later. Right now, let’s focus on the forms of business.

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Jurisdiction of Philippine Courts

Jurisdiction sounds a bit intimidating for the layman, specially if you add “court” to it. This is particularly true if there’s a “foreign element,” such as in contracts, where a particular aspect of the contract — whether in its nature, negotiations, execution, performance or breach — is done or governed in a territorial jurisdiction outside the Philippines.

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Basics of the Lending Company Regulation Act of 2007 (RA 9474)

On 22 May 2007, Republic Act No. 9474, also known as the “Lending Company Regulation Act of 2007,” was signed by the President. The law is consistent with the declared policy of the State to regulate the establishment of lending companies and to place their operation on a sound, efficient and stable condition to derive the optimum advantages from them as an additional source of credit; to prevent and mitigate, as far as practicable, practices prejudicial to public interest; and to lay down the minimum requirements and standards under which they may be established and do business. Here is a basic discussion of the new law:

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Venue of Petitions for Annulment or Declaration of Nullity of Marriage

One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

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