La Vida Lawyer

tag:blogger.com,1999:blog-30885022012-02-07T22:25:50.206+08:00La Vida LawyerLOVE IS GREATER THAN JUSTICE.marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.comBlogger4121100tag:blogger.com,1999:blog-3088502.post-57884455131012663912010-11-17T17:57:00.005+08:002011-01-23T17:15:12.643+08:00Bayan at Batas Episode 2: WW II Comfort Women and Plagiarism in the Supreme Court

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-8206355528911877632010-11-17T17:55:00.000+08:002010-11-17T17:56:36.997+08:00Bayan at Batas Episode 1: Ang Paglilitis kay Juan Luna

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-40145059845531525622010-11-07T14:37:00.002+08:002010-11-07T14:40:35.504+08:00Ang Paglilitis kay Juan Luna

Mga Pangyayari:Setiembre 1892Villa Dupont Rue de PergoleseParis, France Nabaril ni Juan Luna ang kanyang bayaw, Felix Pardo de Tavera, biyenan, Juliana Gorricho, at asawa, Paz Pardo de Tavera Luna sa bahay nila sa Paris. Gamit ni Luna ang isang baril na kanyang binili higit sa isang linggo pa lang ang nakakaraan bago nangyari ang insidente. Buhay ang bayaw niya. Namatay agad ang kanyang biyenan,

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-91647028561714000542010-07-21T05:46:00.007+08:002010-08-04T22:40:38.596+08:00Unreported in the news: Was the death of a runner in the Milo Marathon due to the organizers' negligence?

I found the following email in my inbox last night. X. X. X. X. X. XREMUS FUENTES died of multiple organ failures as result of heatstroke secondary to severe dehydration two days after he ran the 21K in the recent 34th Milo Marathon last Sunday, July 4, 2010. His death was the result of fatal mistakes, incompetence and negligence in the event

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-25348025159857442332010-05-10T05:08:00.003+08:002010-05-14T13:56:25.400+08:00Game 3 Lakers @ Jazz NBA playoff game to remember for all time

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-59052949854273692572010-05-06T14:06:00.002+08:002010-05-06T14:14:50.176+08:00Plato's The Allegory of the Cave from The Republic

From The Republic by Plato.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-21805370740088127162010-02-23T20:28:00.003+08:002010-02-23T21:07:12.967+08:00Links to the Feb 22 decision on appointive officials running for office.

The Supreme Court reverses itself on the issue of whether candidates holding appointive positions are deemed resigned upon filing their certificates of candidacy. Chief Justice Reynato Puno wrote the majority opinion here. Justice Nachura who wrote the previous ruling here, wrote the dissenting opinion here. Justice Carpio reiterates his dissent in the previous decision here in his now

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-64478999267101900512010-02-21T06:36:00.009+08:002010-02-21T08:23:42.119+08:00Feb 8 and 9 2k10 decisions: Court shows compassion to its once lost sheep

February 8 and 9 decisions round up follows but you could jump to the featured decision if you like. It reads like soap, no kidding. In criminal procedure, the Court rules that the offended party, without the solicitor general's assistance, has no standing to appeal the RTC's decision granting bail to an accused.In labor law, the Court affirms the decision of the Court of Appeals in finding that

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-31697376101409532042010-02-20T04:43:00.010+08:002010-02-20T10:42:47.832+08:00Feb 5 2K10 SC decisions; Motherhood statements

Quick rundown before you we go to the more important rulings on February 5, 2010: The Court affirms a conviction for Estafa here and here with modifications on the penalty with the proper application of the Indeterminate Sentence Law. In remedial law, the Court declares that even if a complainant's name was not listed in the title of the case, the HLURB acquired jurisdiction over the complainant

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-90122207483190854402010-02-17T14:16:00.006+08:002010-02-22T16:27:42.471+08:00February 4 SC decisions: PAL gets a tax refund for the taxes it paid on its overseas calls

More decisions to guide our legal lives coming out of the Supreme Court on February 4, 2010.In legal ethics, the Court disbars two lawyers for immorality.In remedial law, the Court skews technicality but rules that the issue of the right of possession in an ejectment case is moot and academic as the party being sued for recovery of possession has lost possession of the property. It also rules

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-46292028253745217712010-02-15T15:41:00.005+08:002010-02-15T16:06:49.835+08:00Blessed are the Poor on Chinese New Year's Day

The figure 8 appears almost like an epiphany in last night's opening of the 1st Philippine International Pyro Musical Competition at the SM Mall of Asia grounds, which was made to coincide with the revelries of Chinese New Year. But during the mass in the morning, I noticed that the gospel was about St. Luke's Beatitudes, which subverts the entire set of values of prosperity and good luck that

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-57443978770761505342010-02-10T16:31:00.001+08:002010-02-10T16:34:21.905+08:00"You may say I am dreamer, but I am not the only one..."

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-40918861258739939452010-02-08T17:32:00.016+08:002010-02-09T13:11:15.415+08:00Feb 2 and 3 2k10 SC Decisions. On board Northwest to Memphis on folding chairs, jeez

How would you feel if you check in the airport and the airline attendant tells you to step aside and wait until everybody has boarded, and then lets you in the plane without a boarding pass? Worse, when you get on the plane, the stewardess offers you the folding chairs meant for the airline staff. By the way, you are also flying from Missouri to Memphis . Rage! Rage! Rage! On these modern days

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-73110948262216341172010-02-08T12:42:00.000+08:002010-02-08T12:43:31.989+08:00Winnie Monsod Explains the C-5 Controversy

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-35334528372426461032010-02-05T05:47:00.002+08:002010-02-05T05:59:57.256+08:00Why not Gordon-Bayani?

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-13018336335101065332010-02-04T15:19:00.010+08:002010-02-05T05:56:55.709+08:00Feb 1 round-up: Be careful with those quitclaims

It's the lovely month of February, and the Supreme Court gives us six decisions to start the month.The Court fines Davao Judge in the amount of PHP 11,000 for delay in deciding a criminal case.Then, the Court rules that a rural bank president who obtained an PhP 8 Million loan from his bank through a conduit may be charged separately for violation of the DOSRI law (Sec. 83 of RA 337) and Estafa

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-3820932749858464912010-02-03T04:29:00.005+08:002010-02-03T05:03:01.947+08:00Round-up Jan 26-28 2k10 SC Decisions

The Supreme Court closes the first month of the year with four decisions. It fines CA Associate Justice Amelita Tolentino in the amount of PHP 15,000 for delay in resolving a Motion for Voluntary Inhibition. Justice Tolentino was the judge who convicted Hubert Webb and company in the notorious Visconde Massacre case.The Court also dismisses a petition for certiorari for failure of the petitioner

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-50315283079986891472010-02-01T04:22:00.001+08:002010-02-01T04:23:58.552+08:00Congress passes Legal Assistance Act

Is that Senator Lito Lapid talking?

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-85890814289868216492010-01-31T10:03:00.014+08:002010-01-31T11:12:30.545+08:00SC round-up Jan 22-25 2010

The judiciary.gov.ph site is down this morning, so we turned to the lawphil.net servers, which fortunately are updated on Supreme Court decisions. The Supreme Court paves the way for the construction of a 85-story Skycity condominium building in Ortigas Ave., cor, EDSA Greenhills, San Juan as it overrules the objections of Greenhills East Association, Inc. The Court says, The Court cannot find

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-22474981051408194952010-01-30T03:40:00.009+08:002010-01-30T06:40:39.223+08:00Supreme Court harvest of January 21, 2010

Fourteen decisions highlight the Supreme Court's day on January 21, 2010 with rulings on various topics. On taxation, the Supreme Court discusses the effects of the BIR'sVoluntary Assessment Program and the Commissioner's futile attempt to avoid it in a case against a taxpayer who failed to file income tax returns. The Court also ruled that a taxpayer failed to file an appeal on time with Court

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-84587894265510792952010-01-26T06:25:00.011+08:002010-01-28T08:22:34.849+08:00Nuisance candidates on election day

One of the more relevant decisions by the Supreme Court issued in January this year is the case of the nuisance candidate who managed to hang on to the list of legitimate candidates until a month after election day. The winning margin is only 104 votes and the nuisance candidate managed to invalidate 5,401 votes. Tough luck for the legitimate candidate. The facts of the case are as follows:In the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-86822138440887599672010-01-25T15:42:00.002+08:002010-01-25T16:33:01.417+08:00A case of malicious prosecution?

As a follow-up to the Supreme Court Round-up as of January 20, 2010, a discussion of one interesting case regarding recovery of damages for malicious prosecution would be in order. In this case, the City of Olongapo charged a hotel owner with the (a) theft of electrical current punished under Presidential Decree (P.D.) 401; and (b) disengaging and tampering with his electric meter’s potential

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-38492733529868152442010-01-24T13:56:00.011+08:002010-01-24T20:22:55.735+08:00The Supreme Court Round Up as of January 20, 2010

The Supreme Court decided three election cases early this January concerning the following matters: 1. The effect of deficiency in docket fees in a COMELEC appeal. 2. What happens to a nuisance candidate's votes after he is declared as nuisance beyond election day. 3, Requisites of execution pending appeal in local election protests. The SC also ruled on the jurisdiction of the DARAB which

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-48677712594444474302010-01-05T17:07:00.003+08:002010-01-05T17:15:40.030+08:00Happy New Year to All

09 was such a drag. Here's to a better year ahead, 2010. I will be hanging around the twitter page more often this year. See you around.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-23809213452878745942009-12-05T16:23:00.000+08:002009-12-05T16:24:15.520+08:00Test post from a Blackberry Bold

The first duty of society is JUSTICE. -- Alexander Hamilton"Sent via BlackBerry from Smart"

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-44461962651945830492009-10-27T19:51:00.014+08:002009-10-29T13:31:29.620+08:00Day Two in Cotabato: Instant coffee is dirty water with sugar

1. Ces has an aunt who told me a little story about Kapeng Barako from Batangas. She said when she was young, coffee was Kapeng Barako, the type one buys from the market, which is real dried coffee beans and ground with the manual grinder. This coffee is then packed in cellophanes and sold in centavo denominations. Coffee is then boiled in a coffee kettle and served the whole day, not just

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-56605296050347196292009-10-26T11:27:00.017+08:002009-10-27T19:50:37.481+08:00Day One in Cotabato: All that be can said or Crackberry in Cotabato

1. I remember my former teacher, Fr. Roque Ferriols, S.J. who used to mock tourists who visit a place once and go around telling every one afterwards that they have known everything about the place. The danger really is for me to feel and for people to believe that these notes are complete and accurate. Of course, that is hardly the intention in this enterprise. No one will ever have the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-17415186753941150712009-10-25T20:49:00.011+08:002009-10-26T11:27:13.913+08:00Notes on a trip to Cotabato City

1. The flight is 12:10 pm. I packed clothes for three days and remembered to bring two red shirts for two nights to ward away evil spirits. Ces prepared the toiletries and they were good to go. The hardest part is choosing which books to bring. Since the last out of town trip, I have accumulated reading backlog of more than six months. Eventually I decided to bring NVM Gonzalez's Grammar of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-12497543353202640312009-10-13T09:41:00.002+08:002009-10-13T09:43:21.025+08:00Demystifying the 2010 Automated Elections Problems, Prospects and Some Answers

SPEAKERS:ATTY. SIXTO BRILLANTES(Election Lawyer)DEAN RUDYARD A. AVILA III(Professor, Election Law, U.P. College of Law; Election Law Practitioner; Consultant, House of Representatives)MR. RAMON “IKE” SENERES (Former President, National Computer Center; Expert on Election Technology)ATTY. PATRICK VELEZ, MNSA(Election Law Practitioner; Consultant, COMELEC; Partner, Soriano & Velez Law Office;

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-21710958377758618522009-05-07T14:30:00.005+08:002009-07-14T22:10:49.741+08:00Techne as Strategy

Wikipedia defines techne, or techné, as distinguished from episteme, as "etymologically derived from the Greek word τέχνη (Ancient Greek: IPA: [tékʰnεː], Modern Greek [ˈtexni] (help·info)) which is often translated as craftsmanship, craft, or art. It is the rational method involved in producing an object or accomplishing a goal or objective. The means of this method is through art. Techne

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-51143661371744628522009-01-28T07:18:00.003+08:002009-01-28T07:34:30.650+08:00Bech is dead! Long Live Bech!

I take time off today to say goodbye to John Updike. Until his death on January 27, 2009 of lung cancer, I considered him as the best living American writer. I have particular affection to his Henry Bech series, a body of short fiction about a Jewish writer whom Updike patterned after himself and various American authors. My copies of the Bech series are often with me in out-of-town trips. I've

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-50611163897435393252008-12-20T05:48:00.005+08:002008-12-20T06:11:52.333+08:00Ritual of the Word

(On the occasion of the blessing of APVLAW’s new office at the 31st F Atlanta Center 31 Annapolis St. Greenhills, San Juan)When the partners and I went up this building in August this year, this place was a bare shell. No walls, no ceilings, no lights, but we had a spectacular view of the sun, sea and sky. Right there and then, we made a decision: APVLAW will hold office in this place. At that

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-9468126910351742732008-12-01T03:55:00.007+08:002008-12-01T06:00:12.922+08:00The Truth Behind the the "Tell the Truth" Incident at the Senate

Sometime on November 9, 2008, I dropped by for lunch at the Department of Agriculture ("DA") to greet Secretary Arthur C. Yap a "Happy Birthday". Art, is known to his stakeholders at the DA as "SACY" and known to me and my employees as "ACY". We have been working together on various capacities many years before he became Secretary of Agriculture. He has been a good friend. In November this year

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1344390754360056032008-08-09T15:54:00.000+08:002008-08-09T16:09:47.587+08:00Court of Appeqals Controversy No. 11: Second day of hearing

The inquirer reporta on the proceedings of the second day of hearing by the investigating panel on the CA controversy. Click here. La Vida Lawyer notes these highlights:Answering a series of questions from Callejo, she said she signed the copies of a supposedly final decision on the Meralco case that Roxas had brought to her office on July 8 even without deliberations being conducted on it. She

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-43360187106464917972008-08-05T07:09:00.000+08:002008-08-05T07:11:58.301+08:00Court of Appeals Controversy Part 10: Miriam joins the fray, says CA is for sale.

This page requires a higher version browserCommentary:Welcome to La Vida Lawyer Senator Miriam.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-15192196865982617102008-08-02T09:27:00.001+08:002008-08-02T09:29:42.556+08:00Court of Appeals Controversy Part 9: Businessman twits Sabio

Commentary:The chismosos and brokers will inherit the world.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-18637234256220785242008-08-02T09:13:00.001+08:002008-08-02T09:18:15.353+08:00Court of Appeals Controvery Part 8: "I didn't ask for money"

CommentaryLopez-owned ABS-CBNNEWS video report above gets an "A" for production values. Focus will now be in De Borja on how he responds to Sabio's detailed rebuttal of De Borja's story.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-44804948544701430142008-08-02T05:26:00.000+08:002008-08-02T06:05:59.971+08:00Court of Appeals Controversy Part 7: Sabio rebuts De Borja

This page requires a higher version browserCommentary:Justice Sabio presented the affivadit of Evelyn Clavano,his relative in Cagayan de Oro, whom he claims was also asked by Mr. Francis de Borja to convince to accept the PHP 10 Million.Noteworthy is Justice Sabio's comment above to Justice Bienvenido Reyes, who eventually decided the case."Kung sa akin PHP 10 Million, magkano sa yo?"

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-35593154207895198622008-08-01T06:49:00.000+08:002008-08-01T07:32:51.641+08:00Court of Appeals Controversy part 6: Francis Roa de Borja identifies himself as the mystery man, claims Sabio asked PHP 50 M

The Inquirer reports that a certain Francis Roa de Borja identified himself as the Makati businessman who was brokering for Meralco that Justice Sabio mentioned in his controversial letter to the CA Presiding Justice. Mr. de Borja in his sworn affidavit claims that Justice Sabio asked for PHP 50 M and Justice Sabio wanted a seat in the Supreme Court. The text of the affidavit is below the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com4tag:blogger.com,1999:blog-3088502.post-14719278805816805462008-07-31T21:11:00.000+08:002008-07-31T21:20:18.904+08:00The Court of Appeals Controversy Part 5: CA says respect our silence

The Inquirer reports that the Court of Appeals has issued a statement that it has referred the controversy to the Supreme Court Office of the Court Administrator. The justices also agreed to leave the ruling on the dispute between the Manila Electric Co. (Meralco) and the Government Service Insurance System (GSIS) to the “parties concerned for appropriate action;” and refer the conflict to its

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-51340742707752352822008-07-31T13:58:00.000+08:002008-07-31T14:56:10.425+08:00The Court of Appeals Controversy Part 4: Who is Justice Jose Sabio, Jr.?

The man of the hour is Justice Jose Sabio, Jr., whose letter to Justice Conrado Vasquez has stirred a controversy on how the Court of Appeals handled the resolution of the stockholder fight between GSIS and the Lopezes in the control for MERALCO. According to the Court of Appeals website, Justice JOSE L. SABIO, JR. is the third of the five children of the late spouses, Executive Judge Jose P.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com4tag:blogger.com,1999:blog-3088502.post-72167104368826397072008-07-31T09:37:00.000+08:002008-07-31T10:00:23.492+08:00Court of Appeals Controversy Part 3: Who is the Mysterious Businessman?

Justice Sabio's letter to Presiding CA Justice Conrado Vasquez reveals a clear case of bribery. According to Justice Sabio, a Makati businessman waited until the end of his Law School class to see him. The Makati businessman was brokering for MERALCO. The Makati businessman offered PHP 10 M for Justice Sabio to give way to Justice Reyes in the MERALCO case. Justice Sabio's letter states,Then

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-84192947577174313012008-07-31T06:56:00.000+08:002008-07-31T09:24:20.789+08:00The Court of Appeals Controversy Part 2: Justice Sabio's Telling Letter

The Inquirer links to the text of Justice Sabio's letter addressed to Justice Conrado Vasquez, the Presiding Justice of the Court of Appeals. Scroll down to the middle portion of the letter in which Justice Sabio asked loaded questions, as it were, as follows:I also told Justice B. Reyes of the P10M offer for me to give way to him. It was then that I confronted Justice B. Reyes with the following

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1444406904019066092008-07-31T06:18:00.000+08:002008-07-31T06:43:47.180+08:00The Court of Appeals Controversy: PHP 10 Million to inhibit, how much to decide?

The Inquirer today banners a headline on a PHP 10 Million attempt to bribe Justice Sabio of the Court of Appeals. According to Justice Sabio, a Meralco emissary offered him the money in exchange for Justice Sabio's inhibition from the heated Meralco stockholder fight. Justice Sabio's story has the stuff of credibility written into it. The Inquirer relates the story as follows:The emissary began

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com4tag:blogger.com,1999:blog-3088502.post-55307335812684124562008-07-08T11:54:00.000+08:002008-07-08T12:05:23.308+08:00The Law/Power Equation (Part 1)

'Truth', French philosopher Michel Foucault, suggests is to be understood as a system of ordered procedures for the production, regulation, distribution, circulation and operation of statements.'Truth', he adds, is linked in a circular relation with systems of power which produce and sustain it, and to effects of power which it induces and which extend it. Foucault calls it a 'regime' of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-62582645054943773552008-06-19T08:01:00.000+08:002008-06-19T08:26:04.208+08:00The logic of dole-outs

is simply to avoid riots. It is a political solution to an economic problem. Dole-out relief is meant to convince the masses that the economic crunch is not caused by structural or governmental undoing. The economic crisis is an inevitable fate of a third world country bereft of food and oil resources. Dole-out relief is meant to mask the scarcity of management foresight. The danger of dole-out

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-13391289459116559362008-06-14T09:08:00.000+08:002008-06-14T09:17:09.219+08:00VIVA LA VIDA (lawyer)

Never an honest wordBut that was when I ruled the world.Coldplay LyricsViva La Vida Lyrics

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-61830756898782454192008-04-25T10:21:00.000+08:002008-05-08T19:15:45.910+08:00Our farmers need a new deal.

No more undercutting the farm gate prices of their produce. No more over-priced fertilizers. No more high interests on their loans.No more excuse for bad weather reports. No more ghost farm-to-market roads. No more ghost irrigation projects. No more looking down on his muddy feet and dirty hands. No more of these.The farmer is king, or we all starve.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-25478957398649418592008-04-09T11:23:00.000+08:002008-04-10T15:35:26.713+08:00Rizal to the Law Office Reception

Genius has no country!Genius bursts forth everywhere!Genius is like light and air!Genius is everyone's patrimony!My wife's family has began distributing personal properties of her maternal great grandfather in their old house in San Juan, Batangas. Her great grandfather from the Salud line is one of the founding fathers of the town. There is family tree that was published along with the 1990 San

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-81275767061491947072008-02-19T21:46:00.000+08:002008-02-27T08:21:25.673+08:00Explaining with the Explainer

Finally, my first real post for the year, 2008. I was asked by Manuel L. Quezon III to be the guest explainer in his show "The Explainer" in tonight's show at 6:00 pm. My task was to explain how lawyers determine the credibility of witnesses. I prepared the powerpoint presentation yesterday.I was a nervous wreck, so I decided to arm myself with a small metal container of cognac, which my wife,

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com3tag:blogger.com,1999:blog-3088502.post-65996784585190049092008-01-07T10:30:00.000+08:002008-01-07T10:38:47.497+08:00WE'RE MOVING TO LAVIDALAWYER.BLOGSPOT.COM

Due to server issues, our updated posts will be seen at http://lavidalawyer.blogspot.com until further announcement.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-40909874048204523952007-12-24T21:26:00.000+08:002007-12-24T21:27:59.290+08:00

MERRY CHRISTMAS AND HAPPY NEW YEAR TO ALL!

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-1138726708373088832007-12-03T11:23:00.000+08:002007-12-09T09:30:24.873+08:00REDENDOR N. GUERRERO: WARRIOR OF THE HIGHEST ORDER

Red is somebody you would like to be with in tough times.Tough times like the day before payday and you barely have any cash for a taxi ride home and a meal of kebabs.Tough times like when you've resigned from a high paying Makati law firm job and all you have to re-build a career in law with is a two year old computer.Tough times like when you have no money to meet the payroll of your office and

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-45974665981083762972007-11-27T07:17:00.000+08:002007-11-27T09:16:04.391+08:00Gloria beats the system again

If Philippine politics were the NBA play-offs, GMA would be leading three to big fat zero. In 2005, GMA's team did it with a slam dunk in the Congress plenary, thanks to a great assist from perpetual senatoriable Oliver Lozano. In 2006, it was plain seamless teamwork that had the GMA congressional team even winning over to their side congressmen who voted for the impeachment the year before. And

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-49766391841851582892007-09-23T13:42:00.000+08:002007-09-24T06:32:51.749+08:00Mr. Commissioner, what about the commission?

Sun Tzu says, "If you are strong, you attack. If you are weak, you defend."So far, the case against the scandalous NBN-ZTE deal has been strong. In order for this controversy to bring about a fruitful end, the case must be pushed until the perpetrators of this onerous transaction are impeached, tried, and convicted. The President has ordered the suspension of the NBN-ZTE deal, which I think is a

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-67378820737216056442007-09-22T15:18:00.000+08:002007-09-22T20:43:42.142+08:00Worse than rats

It is often whispered in conversations over coffee among the bureaucrats that frequent the coffee shops in Morato, Quezon City that Chinese state companies are willing to loan millions of dollars in exchange for kickbacks to Chinese officials, which Chinese officials are also willing to share with their Filipino counterparts. The present controversy concerning the scandalous NBN-ZTE deal only

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-44622154867138410532007-09-18T08:26:00.000+08:002007-09-22T06:45:20.140+08:00A Theory of Justice

Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue: likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust. Each person possesses an inviolability founded in justice that even the welfare of society as a whole

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-34388963210440952382007-09-08T14:17:00.001+08:002007-09-08T14:31:30.473+08:00Adios Pavarotti!

Thank you for bringing your music to the world!

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-14930347477762085372007-08-16T17:03:00.001+08:002007-08-16T17:03:28.844+08:00WE'RE HIRING!

We have a big project coming and will need first year lawyers, law graduates and junior and senior law students to help us out.The project will require part time and full time work employees.If interested, please email your resumes to marvin_aceron@yahoo.comDon't forget to leave your contact details.You may also see us at 301 Cedar Executive Bldg.Timog Ave., corner Sct. Tobias, Quezon City.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-55657746690845899342007-08-03T13:27:00.000+08:002007-08-03T13:49:47.652+08:00Filipino with the "F": A Guide for the Perplexed (Conclusion)

It's the National Language Month. It's time to finish the blog series on the national language. The first part is here. The second part is here. The complete article in .doc format is here. This part catalogues the discussion on the national language issue among the 1987 Constitutional Commissioners. III. National Language Policy under the 1987 Constitution:Merging of MovementsA. Pilipino as

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-58194489175532321362007-07-21T15:09:00.000+08:002007-07-22T19:32:22.269+08:00My Top Ten Starbucks Aliases

1. NowanOne cappuccino for "Nowan"! (Insert canned laughter here.)2. Yu3. Mi4. Bidden5. Saken6. Rontong7. Rorot8. Ever9. Given10. Nickate

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com3tag:blogger.com,1999:blog-3088502.post-85926166952944106592007-06-19T14:21:00.000+08:002007-06-19T15:45:36.953+08:00Plaridel Recalls his Conflict with Rizal

For the past months, I have been reading the collected letters of Marcelo H. Del Pilar, which were published in English translation by the National Historical Institute. One of the more memorable letters in the collection is Del Pilar's letter to Deodato Arellano dated March 31, 1891 in which Plaridel tells Deodato the events that led to Rizal's parting with the Filipinos in Madrid and

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-83014365467842357882007-06-13T11:33:00.000+08:002007-06-13T12:10:39.498+08:00Filipino with the "F": A Guide for the Perplexed (Part Two)

Continued from here. The complete article can be found hereB. Tagalog and the Purists in the Institute of National Language On 13 November 1936, Congress enacted Commonwealth Act No. 184. The act created the Institute of National Language composed of a director, seven members, and an executive secretary, each representing one of the linguistic groups of the Philippines. The Institute was

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-25423148851909919872007-05-31T21:42:00.000+08:002007-06-01T08:11:01.375+08:00Notes on the Elections Part 2: The Politics of Sound System, Mic and Minus-one

My cousin, Maria Estela Felipa "Estee" M. Aceron, was recently elected as Vice-Governor of Oriental Mindoro. Estee, armed with a law degree, a beautiful voice, and ramp model looks, has changed Mindoro politics forever. Estee shares her winning formula in her blog. She writes. Now, I truly say that “guns, goons and gold” are not indispensable during elections. One can still win without them. In

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-58441966497949536192007-05-22T13:48:00.002+08:002007-05-22T18:44:36.480+08:00Notes on the 2007 Elections (Part One)

1. I had a big laugh over the story on how politicians in Legazpi City had long faces after they went for broke on election day. With votes being sold for as high as PHP 1,100 for a straight slate vote, some politicians spent millions just for vote-buying. I went around Legazpi City, and it was noticeable how happy the people were with their crisp peso bills stapled in denominations of PHP 600

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-22396943398530932912007-05-18T20:59:00.000+08:002007-05-18T21:09:42.667+08:00Fr. Ed Panlilio proclaimed Pampanga Governor

Fr. Ed Panlilio, Catholic priest on leave, has been proclaimed Pampanga governor. The winning margin is a mere 1,147 votes. That's a measly PHP 1,147,000 for the vote buyers who bought votes PHP 1,000 per vote. The priest got 219,706 votes, Lilia Pineda got 218,559 votes, and re-electionist Governor Mark Lapid received 210,875 votes.Really amazing.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-14387851522688620812007-05-18T11:42:00.000+08:002007-05-18T12:04:59.690+08:00All Eyes on Pampanga

I was doing some election work in Pampanga on election day. As votes were getting counted, I heard the report that the turnout was about 60% of the 1,000,000++ votes of Pampanga. But due to the very close fight, my calculation was that the winning vote count should be 210,000. As of the latest count, the candidates are racing to the 200,000 mark with Pineda leading and Panlilio a close second and

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1035895386385923712007-05-11T13:54:00.000+08:002007-05-11T14:04:22.913+08:00I'm voting only for the uncompromised

SENATORS:MARTIN BAUTISTAADRIAN SISONZOSIMO PAREDES3RD DISTRICT QUEZON CITY REPRESENTATIVE:DANTON REMOTOPARTY LISTAKBAYAN MARTIN BAUTISTA ON YOUTUBE.COM

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-91142201497499729302007-05-10T09:11:00.000+08:002007-05-10T21:16:25.249+08:00Mayor Alex Aranas of Pola, Oriental Mindoro on ABS-CBN

Mayor Alex Aranas on ABS-CBN. He relates the details of his abduction by the NPA last Friday, May 4, 2007. The NPAs told him to leave Pola immediately and not to return until after election day. If this is not lawlessness, I don't know what is.UPDATE: NPAs admit abducting Mayor Alex Aranas. See Abs-cbn news here.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com9tag:blogger.com,1999:blog-3088502.post-35598890459571408422007-05-09T09:13:00.000+08:002007-05-09T16:14:16.904+08:00Filipino with the "F": A Guide for the Perplexed (Part One)

During the proceedings of the 1986 Constitutional Commission, Constitutional Commissioner Tingson stood in prayer as follows:MR. TINGSON… Panginoon, bigyan mo po kami ng mga Filipinos nga may kasing-kasing na mahinulsulun. Nga nagahigugma sang katarungan apan nagasabdung sang kalainan. Kay, Ginoo, ito pong mga Filipinos ang aming bayan ngayon may kailangan kay amo ining mga Filipinos nga may

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-75154020454285715492007-05-05T19:32:00.000+08:002007-05-06T08:43:18.936+08:00Declare Martial Law on Pola Now!

I was shocked to hear the news last night that my uncle, Mayor Alex Aranas, was abducted by NPA guerrillas after engaging them in brief gunfight in a faraway barangay of Matula-tula in our hometown Pola, Or. Mindoro. Today, the news is that as a condition for his release, Mayor Alex Aranas has been ordered by the NPAs who abducted him to leave the town. Mayor Alex appears to have resolved to

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-7930015050489058062007-04-15T09:20:00.000+08:002007-04-15T14:20:05.567+08:00Business is the Captain of Corruption

This is a reply to MLQIII's post on the rising belief that business is going to save this country. I say this is 100% dog shit. Business is the captain of corruption in this country. I look at the big leaders of today's business, and I see not a single bone of integrity and not a single drop of blood not motivated by an appetite.Look at this multi-billion earning companies, how did they acquire

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-11499730611397904082007-04-01T19:21:00.000+08:002007-04-01T19:28:53.390+08:00Wifey Chronicles No. 1

Me: I'm not arguing with you.Ces: Then, just say yes with what I have to say.Me: What? You know the problem with this marriage is there is no democracy.Ces: Look, we'll have a bigger problem if we put democracy in this marriage.Me: And why is that?Ces: Because there is no one here to break the tie.Me: oh...

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-61947486498973596072007-03-28T09:17:00.000+08:002007-03-29T18:01:12.797+08:00Notes on the Anti-Terrorism Law (Part 5)

IX. We come now to the second authorized legal intrusion into private rights under the Anti-Terrorism Law, the detention of suspected terrorists.The Anti-Terrorism Law authorizes the warrantless arrest of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism under the following circumstances: 1. There is an authority in writing from the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-43262396941068982042007-03-14T19:32:00.000+08:002007-03-14T21:15:15.890+08:00NOTES ON THE NEW ANTI-TERRORISM LAW (Part 4)

VIII. We come now to a discussion on one of the novel legal intrusions on the rights to privacy that has been sanctioned by the Anti-Terrorism Law.Section 7 of the Anti-Terrorism Law provides for the requisites under which surveillance of private communications shall be allowed, as follows:1. It must be done by a police or law enforcement official and the members of his team.2. There must be a

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-49220696266748161192007-03-12T17:58:00.000+08:002007-03-12T18:20:15.820+08:00Notes on the New Anti-Terrorism Law (Part 3)

VII. Section 17 provides the Department of Justice with the remedy of having an organization, association, or group of persons declared as a terrorist group upon application, with notice and opportunity to be heard, with the Regional Trial Court. The declaration of an organization as an outlawed terrorist group triggers for the government its rights to exercise the powers of surveillance of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-479173004856523902007-03-10T17:29:00.000+08:002007-03-10T21:28:04.101+08:00Notes on the New Anti-Terrorism Law (Part 2)

IV. The Anti-Terrorism Law does not appear to provide a penalty for frustrated or attempted stage of the crime of terrorism. Does this mean that the crime is only punishable in the consummated stage? My reading, however, is the crime of Terrorism is punished regardless of the stage of commission. When the law states that, "Any person who commits an act punishable under any of the following

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-60893787291064061002007-03-08T21:18:00.000+08:002007-03-10T23:31:30.516+08:00Notes on the new Anti-Terrorism Law

On March 6, 2007, Pres. Gloria Macapagal Arroyo signed the landmark legislation on terrorism, known as REPUBLIC ACT NO. 9372, AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM (hereinafter, "RA 9372" or the "Anti-Terrorism Law"). Media reports have it that various civic groups are preparing to challenge its constitutionality before the Supreme Court even as businessmen and

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-72091147803588012932007-01-09T17:54:00.000+08:002007-01-09T19:19:41.075+08:00Say it isn't so, Nani!

My teachers at the Ateneo School of Law used to tell us stories of how their teacher, former Secretary of Justice Hernando "Nani" Perez, made their Negotiable Instruments Law class exciting. He made his students sing the provisions of the Negotiable Insturments Law, undoubtedy the most boring law in any jurisdiction, to the tune of "Lupang Hinirang". I am quite uncertain whether the story is

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-57432648994662765602006-12-24T20:19:00.000+08:002006-12-24T20:21:10.312+08:00Merry Christmas and Happy New Year to All!

From La Vida Lawyer and family

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-18761844090616712542006-12-09T12:29:00.000+08:002006-12-09T12:41:16.161+08:00Why do you call yourselves "Honorable"?

“I would like to say to you all [that] I am completely appalled by your collective gall. You're totally bereft of principle that's why you're without shame,” -- Renato Constatino, Jr.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1165572383924419272006-12-08T17:55:00.001+08:002006-12-09T11:44:22.825+08:00I'm back!

It's been three months. My last post was on the birthday of Mother Mary, September 8, and today is the Feast of the Immacualte Conception -- December 8. I needed the hiatus to focus on work in the office as it gets pretty tough at this time of the year every year.I will finish the Juan Luna Trial by next week, starting with a reconstruction of the proceedings in the French court and the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-1157677813853899522006-09-08T07:51:00.000+08:002006-09-08T09:10:14.323+08:00My Last Conversation with NVM

I skipped law class that day, September 8, 1992. I was already in my second year in law, and I couldn't quite fit in a crop of rabid and ambitious group of future lawyers. A friend who was teaching in the Ateneo College told me NVM came back to teach creative writing that year, and mentioned that he'd be happy to see his former students and find out where they were. I was in NVM's class in

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-1157620827511251002006-09-07T17:18:00.000+08:002006-09-08T15:36:45.146+08:00The House in Rue Pergolese (4)

In Luna's mind that morning, he was the oppressed.More than a week before, Luna followed his dear wife as she went to 25 Mont Thabor. He lost sight of her, but in the entrance of the building he saw Mr. Dussaq. Luna asked Dussaq if he lived there. But Dussaq said he did not, and he was there just to meet someone. What was Luna supposed to think? Certainly, in his mind, his Chiching was there for

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1157506473512979642006-09-06T09:34:00.000+08:002006-09-11T13:13:02.906+08:00The House in Rue Pergolese (3)

Five years into the marriage with Maria Paz, Luna was the master of his 19th century universe. He was famous. He had connections with the Spanish government. His countrymen loved him. He had a beautiful wife, a lovely daughter, and a son that could assure him his lineage was secure. To top it all, his mother-in-law gave them a stipend of five hundred francs a month; Luna could maintain his

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1157381620404857722006-09-04T22:49:00.000+08:002006-09-04T22:53:40.433+08:00The House in Rue Pergolese (Part 2)

I pray you, in your letters,When you shall these unlucky deeds relate,Speak of me as I am; nothing extenuate,Nor set down aught in malice: then must you speakOf one that loved not wisely but too well - Othello by William ShakespearePerhaps, it was fate that drew Juan Luna, the victorious soldier of Filipino art, to Maria Paz the lovely princess of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1157154313789675852006-09-02T07:37:00.000+08:002006-09-08T05:45:11.516+08:00The House in Rue Pergolese

(Updated up to Part 4)Part 1A commotion at Villa Dupont brought the Paris police to Rue Pergolese one morning in September 1892. Villa Dupont, perhaps a typical three-storey French home with gated and manicured lawns, sat near a cafe and the main road. It was the house of Juan Luna, celebrated painter of the Salon de Paris and patriot of colonial Philippines. Yet, as any 19th century Parisian

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com6tag:blogger.com,1999:blog-3088502.post-1157100664090932502006-09-01T16:01:00.000+08:002006-09-01T16:59:09.473+08:00Law, Morality, Religous Freedom and Hooking up with another Woman's Husband (Part 3)

When Mr. X, a friend of mine, got married, he and his wife prepared their own litrugy for the wedding mass. They picked the Bible passages to be read during the mass, and prepared moving and poetic wedding vows. Their officiating priest was so impressed that he couldn't help but commend the couple during the homily for their preparation. This prompted Mr. Y, another friend of ours, who got

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1156391003870506712006-08-24T09:54:00.000+08:002006-08-25T08:51:12.636+08:00On turning 36

This is an intermission on the Escritor series. I hate the verbosity of justices. The readings are killing me. Nonetheless, I break that series to post for the record that this week I'm officially 36 years old. No big resolutions for me, except perhaps to follow the advice of 94 year old Raffy L., a client of mine, on how to live long. "Don't eat too much," he said as he munched a spoonfull of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com9tag:blogger.com,1999:blog-3088502.post-1155808066479586682006-08-17T17:33:00.001+08:002006-08-17T17:47:46.480+08:00Escritor on Newsbreak

Manuel L. Quezon III links to a Newsbreak article featuring Escritor, whose case (Estrada vs. Esrcitor) we're tackling in the series Law, Morality, Religious Freedom, and Hooking up with another Woman's Husband.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1155014142493073162006-08-08T12:16:00.000+08:002006-08-08T21:42:52.860+08:00Law, Morality, Religous Freedom and Hooking up with another Woman's Husband (Part Two)

We continue from where we stopped the last time.The tricky part is how the Supreme Court framed the issue, and I will show later why this is relevant to the outcome of the case. The Supreme Court stated that the issue of this case is as follows:"Whether or not respondent should be found guilty of the administrative charge of “gross and immoral conduct.” To resolve this issue, it is necessary to

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1154735527832740372006-08-05T07:50:00.000+08:002006-08-05T07:52:07.843+08:00Dog Lawyer

Will Ferrel provides an intermission today. Go ahead sue your neighbor's dogs.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1154513316001863132006-08-02T18:04:00.000+08:002006-08-02T21:17:47.070+08:00Law, Morality, Religious Freedom, and Hooking Up with another Woman's Husband (Part One)

Time was when a person could get his head chopped off for believing that the world was round. Science, religion, and politics were hopelessly intertwined that any belief (religious, scientific or otherwise) that did not conform with the establishment was regarded as a national security risk. So, off the heads of the non-conformists went.But times have changed, man has drawn the boundaries between

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1154489470238980402006-08-02T11:03:00.000+08:002006-08-02T11:31:10.346+08:00Groucho Marx on Youtube

Following a contentious series on the NLRC abolition, I thought may be this blog should try some fun. I caught the youtube bug lately and found myself some clips by Groucho Marx. In this clip. Groucho Marx hosts the 50's show, You Bet Your Life. Groucho demonstrates his dead pan wit and humor as he interviews the lady whose family had several appendectomies in 21 days.

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1153301104961963372006-07-19T17:19:00.000+08:002006-07-19T17:47:02.823+08:00Conclusion: It is time to abolish the NLRC.

This will conclude the series on the NLRC, but it doesn't mean I will stop talking about that agency here or elsewhere. The NLRC has been a theoretical mistake and a practical disappointment. While founded on an ideology that romanticized the worker, the agency bred monsters that ultimately defeated the workers interests. How many industries has it destroyed in the guise of protecting worker's

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-1152022514930572522006-07-04T21:10:00.000+08:002006-07-04T22:15:14.996+08:00The Tribes of Corruption (Is it time to Abolish the NLRC Part VII)

Before I proceed, let me just clarify the points I made in earlier posts. I am only against the NLRC. I am not anti-labor law in general. The NLRC is a quasi-judicial body; it should be neutral. It should not have a bias.As stated in the earlier posts, in view of the uselessness of the appeal process, the labor arbiter's decision is the key to any labor dispute. Whoever wins in the level of the

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0tag:blogger.com,1999:blog-3088502.post-1151061418493577142006-06-23T19:13:00.000+08:002006-06-23T19:16:58.506+08:00Flawed in Practice:Is it time to abolish the NLRC? Part VI

The first five parts of this series tried to show why the NLRC as an institutional concept of social justice is flawed. Today, I will try to show why it is a failure in practice.In post number 4, I mentioned that the labor arbiter was given a near absolute power to decide on the outcome of a labor dispute, and the employer's option to appeal is rendered useless, because an adverse decision of

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-1150346723331985432006-06-15T12:41:00.000+08:002006-06-18T22:08:23.086+08:00The appeal that is not an appeal (Is it time to abolish the NLRC? Part 5)

The time has come to abolish the NLRC. This is the thesis of this series, and today I will discuss the unfair appeal process of the NLRC and its effect.The NLRC Rules of Procedure provides that when a labor arbiter decides in favor of an employee, i.e., there is a ruling that the dismissal of an employee is illegal, the decision is immediately executory. The employer may appeal the ruling before

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com1tag:blogger.com,1999:blog-3088502.post-1149931811075376252006-06-10T17:30:00.000+08:002006-06-10T17:30:13.516+08:00Presumed Guilty (Is it time to abolish the NLRC part 4)

The fallacy of the NLRC's bias for labor is the point of this series. And I proceed to show the unfairness of its rules of procedure on labor cases.I mentioned in the first post that in an illegal dismissal case, the burden of proving the legality of an employee's dismissal is on the employer. If it were a basketball game, labor gets plus twenty points.The NLRC Rules of Procedure provides that

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com2tag:blogger.com,1999:blog-3088502.post-1149813951481565832006-06-09T08:45:00.000+08:002006-06-10T10:17:19.106+08:00Forced to Settle (Is it time to abolish the NLRC? Part 3)

A pro-labor quasi-judicial agency administering labor relations stalls progress in this country. In the last entry, I pointed out that the NLRC rule making it easy to file labor complaints has caused the flooding of the NLRC with whimsical and baseless labor cases. Today, I continue with another ill-effect of this pro-forma filing of labor cases.Once a labor case has been commenced and summons

marvinhttp://www.blogger.com/profile/14480783131448664212noreply@blogger.com0