Wage Rationalization Act (Republic Act No. 6727): Full Text
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Rule on Legal Separation
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(The Rule on Legal Separation, covered in A.M. No. 02-11-11-SC, took effect on March 15, 2003 following its publication in a newspaper of general circulation. For a summary of the rules, see Steps / Procedure in Legal Separation Cases)
Continue reading2006 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
2007 Judicial Excellence Awards: Nominations Extended
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(From the SC website): The Supreme Court, through the Society for Judicial Excellence, extended to April 15 the original March 31 deadline for the nominations to the 2007 Search for Outstanding Judges and Clerks of Court. Continue reading
Withdrawal of Exemptions to Pay Local Taxes: The TELCO Cases
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SC newsflash: SC Holds DIGITEL Accountable to Pangasinan for Local Taxes. The Supreme Court recently found Digital Telecommunications Philippines, Inc. (DIGITEL) liable to the Province of Pangasinan for the payment of provincial franchise and real property taxes. The SC affirmed the ruling of the lower court that the tax exemption in Republic Act (“R.A.”) No. 7925, the Public Telecommunications Policy Act of the Philippines, stating that any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall be made part of previously enacted franchises and made automatically applicable to the grantees thereof, does not work to exempt DIGITEL from payment of provincial franchise and real property taxes.
Continue readingThe 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
Additional Rules on Temporary Restraining Orders (TRO) on Foreclosures of Real Estate Mortgage
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The Supreme Court has issued additional guidelines on the issuance of temporary restraining orders or writs of preliminary injunctions enjoining foreclosures of real estate mortgages. The additional rules will take effect on March 10, 2007.
Continue readingAnnulment, Divorce and Legal Separation in the Philippines: Questions and Answers
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There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:
Continue readingThe By-Stander Rule: The Role of the Company in Certification Elections
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A certification election is the most democratic and expeditious method by which the laborers can freely determine the union that shall act as their representative in their dealings with the establishment where they are working. It is the appropriate means whereby controversies and disputes on representation may be laid to rest, by the unequivocal vote of the employees themselves.
Continue readingCongratulations, Chief Justice Reynato Puno
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“I thank Her Excellency, President Gloria Macapagal-Arroyo for extending to me this appointment to be the 22nd Chief Justice of our country. Above all else, I thank the Almighty for this extraordinary gift, more accurately, this trust which is heavily laden with responsibility. I accept the appointment with a clear awareness of the defining role of the judiciary as our people confront turning points after turning points in life. The Judiciary may not have the power of the sword, may not have the power of the purse, but it has the power to interpret the Constitution, and the unerring lessons of history tell us that rightly wielded, that power can make a difference for good.
With this acceptance, I pledge to do what is expected of me: to espouse no ideology but constitutionalism; to uphold no theology but the rule of law. The Judiciary has but one constituency and it is a constituency of one – – – the blindfolded lady with a sword unsheathed. She represents justice, fair justice to all, unfairness to none. I hope to be an instrument of this kind of justice.
In God, I put all my trust.
– Statement of Chief Justice Reynato Puno