As reported at the Supreme Court website, all 15 Supreme Court justices are gearing up to hear a total of 10 cases on oral arguments — marking an unusual, unprecedented 30 days in the Court calendar. Today, September 21, the High Tribunal will hear oral arguments on three cases:
Continue readingJob contracting now appears to be the workplace trend. While job contracting has its positive aspects, the explanatory note of House Bill No. 380 asserts that workers hired by agencies through the job contracting scheme are the most underpaid, neglected and oppressed among the country’s labor force. To jumpstart the debate on this assertion, let’s discuss the basic concepts in labor-only contracting and independent job contracting. [Update: see Legitimate Contracting / Subcontracting and Prohibition on Labor-only Contracting]
Continue readingThe Bangko Sentral ng Pilipinas (BSP) recently issued Circular No. 542, providing for consumer protection for electronic banking. The salient features of Circular No. 542 are:
Continue readingWith the suspension of the Usury Law and the removal of interest ceilings, the parties are generally free to stipulate the interest rates to be imposed on monetary obligations. As a rule, the interest rate agreed by the creditor and the debtor is binding upon them. This rule, however, is not absolute.
Continue readingAmong the inescapable facts in life, something which everyone shares regardless of status, race, sex or creed, is death. A person may leave properties (or liabilities) upon death, so a discussion on the basic concepts on estate proceedings is in order.
Continue readingThere are three branches of the government — legislative, executive and judicial. Each department of the government has exclusive cognizance of the matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government.
Continue readingThere are formal learning institutions dealing in all aspects of business. There are Big Businesses dominating our economy. Of course, there are Pinoys who are very lucky to have graduated from these prestigious institutions and work for or with the Big Businesses. However, outside of formal learning institutions, budding Pinoy entrepreneurs refer to materials from various sources in order to gain knowledge and insights on how business clicks. Continue reading
Here’s something interesting.
Legal blogs, referred to as “blawgs” by some, are being cited in court decisions in the U.S. As reflected in a collection of court cases that cite legal blogs, there are 32 citations of legal blogs from 27 different cases, with 8 legal blogs being cited (as of 6 August 2006). 3L Epiphany notes that:
Continue readingThe Presidential Commission on Good Goverment (PCGG) yesterday filed a petition for habeas corpus to compel the Senate to present Camilo Sabio, PCGG Chairman, before the Supreme Court and to justify his arrest and detention that was ordered by the Senate in connection with its on-going inquiry in aid of legislation. You probably read about the petition for a writ of habeas corpus filed by Jocelyn “Joc-joc†Bolante against U.S. Secretary of State Condoleezza Rice and other ranking US government officials in order to gain freedom in the United States.The term “writ of habeas corpus” had surfaced many times before. Let’s discuss this subject matter.
What is a writ of habeas corpus?
Continue readingWhat’s the significance of a declaration of a “state of rebellion”? Legally, none. It is a legal superfluity. In the 2003 Sanlakas vs. Executive Secretary, case, the Supreme Court ruled that:
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