Tag Archives: Philippines

Proposed Rule On Mandatory Legal Aid Service For Practicing Lawyers (Bar Matter No. 2012)

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[The Supreme Court recently issued the Rule on Mandatory Legal Aid Service, requiring all “practicing lawyers” to render a minimum of 60 hours of free legal aid services to indigent litigants in a year. Please note the definition of a “practicing lawyer”. It was published in the PhilStar and Inquirer on 14 February 2009. It takes effect on 1 July 2009. A subsequent en banc Resolution, however, deferred the effectivity to 1 January 2010. Here’s the full text of Bar Matter No. 2012.]

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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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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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Reproductive Health and Population Development Act of 2008 (House Bill No. 5043): Full Text

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[Knowing the details of the proposed law is important in having a healthy debate on the issue. Here’s the full text of House Bill No. 5043, which is in substitution to HB Nos. 17, 812, 2753 and 3970, introduced during the first regular session of the 14th Congress by Honorables Edcel C. Lagman, Janettte L. Garin, Narciso D. Santiago III, Mark Llandro Mendoza, Ana Theresia Hontiveros-Baraquel and Elandro Jesus F. Madrona. You could also read the Facts Sheet and the Explanatory Note relating to the Reproductive Health and Population Development Act.]

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Creation of ARMM’s Shariff Kabunsuan Province is Invalid

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The Supreme Court Justices, according to Chief Justice Reynato Puno (thru PDI), “are aware of of how their decision on a deal expanding the Bangsamoro territory would impact on the volatile situation in Mindanao.” This may be particularly true considering that just last month, the SC also declared that the creation of a new province in the ARMM – Shariff Kabunsuan – is unconstitutional. Here’s the digest of that case — Bai Sandra Sema vs. COMELEC and Didagen Dilangalen, G.R. No. 177597, 16 July 2008.

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Ancestral Lands and Ancestral Domains in the Philippines: A Primer

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One of the bigger issues for the past couple of days is the Memorandum of Agreement (MOA) on Ancestral Domain (for the Bangsamoro People in certain parts of Mindanao) between the Philippine Government and the Moro Islamic Liberation Front (MILF). Petitions have been filed with the Supreme Court assailing the validity of the MOA, so we could not really discuss it. Let’s have a general discussion on ancestral lands and ancestral domains.

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