THE WEIRD NEWS
Florida town casts out Satan
The mayor of this small fishing village in Florida has declared the Prince of Darkness persona non grata -- in essence, telling him to go to the devil.
"Satan, ruler of darkness, giver of evil, destroyer of what is good and just, is not now, nor ever again will be, a part of this town of Inglis," Mayor Carolyn Risher says in a proclamation, which was issued on official town stationery. Full text here.
May I please ask how they can acquire jurisdiction over Satan?
Thursday, January 31, 2002
NEW LAWYER GIZMO
FILIPINO LAWYER'S SOFTWARE LAUNCHED
It happened over coffee at McDonald's. I told Bitoy Buenaventura, President of Corporate Oasis (the web group behind telecounsel.net), that I needed a software that will help me manage my cases. I wanted one that will give a view of all my cases and their status. I wanted to be able to tell which one is not moving to ensure that it moves somehow and not displease the client. Then, while he is at it, I told him throw in a calendar and contacts management, an expense and billing tracker and a directory of all the courts in the Philippines. A few more discussions and phone calls, and the Lawyer's Folio Version 1.0 was launched. It's cheap at PHp 2,500 (US$50) a pop. It's now available at all Rex Bookstore outlets.
FILIPINO LAWYER'S SOFTWARE LAUNCHED
It happened over coffee at McDonald's. I told Bitoy Buenaventura, President of Corporate Oasis (the web group behind telecounsel.net), that I needed a software that will help me manage my cases. I wanted one that will give a view of all my cases and their status. I wanted to be able to tell which one is not moving to ensure that it moves somehow and not displease the client. Then, while he is at it, I told him throw in a calendar and contacts management, an expense and billing tracker and a directory of all the courts in the Philippines. A few more discussions and phone calls, and the Lawyer's Folio Version 1.0 was launched. It's cheap at PHp 2,500 (US$50) a pop. It's now available at all Rex Bookstore outlets.
Wednesday, January 30, 2002
NEWS
The Pope Urges Lawyers to Avoid Divorce Cases.
Roman Catholic lawyers should refuse to handle divorce cases, Pope John Paul has said. He said divorce was "spreading like a plague" through society, and lawyers should refuse to be part of the "evil". His comments came during an annual meeting with Vatican magistrates. "Lawyers, who work freely, should always decline to use their professions for an end that is contrary to justice, like divorce," the Pope said. The full BBC news text is found here.
I wonder, however, how the Pope finds the unique Philippine situation regarding this issue. Being a predominantly Catholic country, Philippine law does not allow divorce. Instead, it allows the declaration of nullity of a marriage due to the "psychological incapacity" of one or both of the spouses to fulfill the obligations of marriage. The ground is based on canon law. However, the application in Philippine courts has been often corrupted where the ground doesn't really exist but lawyers, judges and psychiatrists connive with each other and the spouses to make it appear that it does exist and thus warrant the declaration of nullity of the marriage.
The Pope Urges Lawyers to Avoid Divorce Cases.
Roman Catholic lawyers should refuse to handle divorce cases, Pope John Paul has said. He said divorce was "spreading like a plague" through society, and lawyers should refuse to be part of the "evil". His comments came during an annual meeting with Vatican magistrates. "Lawyers, who work freely, should always decline to use their professions for an end that is contrary to justice, like divorce," the Pope said. The full BBC news text is found here.
I wonder, however, how the Pope finds the unique Philippine situation regarding this issue. Being a predominantly Catholic country, Philippine law does not allow divorce. Instead, it allows the declaration of nullity of a marriage due to the "psychological incapacity" of one or both of the spouses to fulfill the obligations of marriage. The ground is based on canon law. However, the application in Philippine courts has been often corrupted where the ground doesn't really exist but lawyers, judges and psychiatrists connive with each other and the spouses to make it appear that it does exist and thus warrant the declaration of nullity of the marriage.
NOTED
Supreme ourt Issues Rules on Search and Seizure for Infringement of Intellectual Property Rights
The Philippine Supreme Court recently issued the Rules for Search and Seizure for Infringement of Intellectual Property Rights in civil actions. This strikes us as quite odd as normally the writ of search and seizure is only applicable in criminal cases. But the rule says it is applicable... "(w)here any delay is likely to cause irreparable harm to the intellectual property right holder or where there is demonstrable risk of evidence being destroyed, in a pending civil action for infringement" or in a civil action about to be commenced. The full text of the Rules is found here.
Supreme ourt Issues Rules on Search and Seizure for Infringement of Intellectual Property Rights
The Philippine Supreme Court recently issued the Rules for Search and Seizure for Infringement of Intellectual Property Rights in civil actions. This strikes us as quite odd as normally the writ of search and seizure is only applicable in criminal cases. But the rule says it is applicable... "(w)here any delay is likely to cause irreparable harm to the intellectual property right holder or where there is demonstrable risk of evidence being destroyed, in a pending civil action for infringement" or in a civil action about to be commenced. The full text of the Rules is found here.
Saturday, January 26, 2002
NOTED
Supreme Court Affirms Plunder Law
Is the Plunder Law vague? The Supreme Court said,
"As it is written, the Plunder Law contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation. Section 2 is sufficiently explicit in its description of the acts, conduct and conditions required or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. Thus -
1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries; (d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00."
As long as the law affords some comprehensible guide or rule that would inform those who are subject to it what conduct would render them liable to its penalties, its validity will be sustained. It must sufficiently guide the judge in its application; the counsel, in defending one charged with its violation; and more importantly, the accused, in identifying the realm of the proscribed conduct. Indeed, it can be understood with little difficulty that what the assailed statute punishes is the act of a public officer in amassing or accumulating ill-gotten wealth of at least P50,000,000.00 through a series or combination of acts enumerated in Sec. 1, par. (d), of the Plunder Law. More here.
Supreme Court Affirms Plunder Law
Is the Plunder Law vague? The Supreme Court said,
"As it is written, the Plunder Law contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation. Section 2 is sufficiently explicit in its description of the acts, conduct and conditions required or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. Thus -
1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries; (d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00."
As long as the law affords some comprehensible guide or rule that would inform those who are subject to it what conduct would render them liable to its penalties, its validity will be sustained. It must sufficiently guide the judge in its application; the counsel, in defending one charged with its violation; and more importantly, the accused, in identifying the realm of the proscribed conduct. Indeed, it can be understood with little difficulty that what the assailed statute punishes is the act of a public officer in amassing or accumulating ill-gotten wealth of at least P50,000,000.00 through a series or combination of acts enumerated in Sec. 1, par. (d), of the Plunder Law. More here.
Tuesday, January 22, 2002
THIS MADE ME LAUGH
To make up for our failure to update this blog for months, here are some cool jokes from a book called Disorder in the Court. These are things people actually said in court, word for word, taken down and now published by court reporters - who had the torment of staying calm while these exchanges were actually taking place. Some of these are excellent - don't miss the last one.
Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.
>=====
Q: What gear were you in at the moment of the impact?
A: Gucci sweats and Reeboks.
>=====
Q: This myasthenia gravis, does it affect your memory at all?
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you've forgotten?
=====
Q: How old is your son, the one living with you?
A: Thirty-eight or thirty-five, I can't remember which.
Q: How long has he lived with you?
A: Forty-five years.
====
Q: What was the first thing your husband said to you when he woke up
that morning?
A: He said, "Where am I, Cathy?"
Q: And why did that upset you?
A: My name is Susan.
>====
Q: Do you know if your daughter has ever been involved in voodoo or
the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, voodoo.
>===
Q: Now doctor, isn't it true that when a person dies in his sleep,
he doesn't know about it until the next morning?
===
Q: The youngest son, the twenty-year old, how old is he?
===
Q: Were you present when your picture was taken?
===
Q: So the date of conception (of the baby) was August 8th?
A : Yes
Q: And what were you doing at that time?
===
Q: She had three children, right?
A: Yes
Q: How many were boys?
A: None.
Q: Were there any girls?
===
Q: How was your first marriage terminated?
A: By death
Q: And by whose death was it terminated?
===
Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male, or a female?
===
Q: Is your appearance here this morning pursuant to a deposition
notice
which I sent to your attorney?
A: No, this is how I dress when I go to work.
>===
Q: Doctor, how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.
===
Q: All your responses must be oral, OK? What school did you go to?
A: Oral
===
Q: Do you recall the time that you examined the body?
A : The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.
==
Q: Are you qualified to give a urine sample?
===
Q: Doctor, before you performed the autopsy, did you check for a
pulse?
A: No
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No
Q: So, then it is possible that the patient was alive when you began
the autopsy?
A: No
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive, never the less?
A: Yes, it is possible that he could have been alive and practising
law somewhere.
To make up for our failure to update this blog for months, here are some cool jokes from a book called Disorder in the Court. These are things people actually said in court, word for word, taken down and now published by court reporters - who had the torment of staying calm while these exchanges were actually taking place. Some of these are excellent - don't miss the last one.
Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.
>=====
Q: What gear were you in at the moment of the impact?
A: Gucci sweats and Reeboks.
>=====
Q: This myasthenia gravis, does it affect your memory at all?
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you've forgotten?
=====
Q: How old is your son, the one living with you?
A: Thirty-eight or thirty-five, I can't remember which.
Q: How long has he lived with you?
A: Forty-five years.
====
Q: What was the first thing your husband said to you when he woke up
that morning?
A: He said, "Where am I, Cathy?"
Q: And why did that upset you?
A: My name is Susan.
>====
Q: Do you know if your daughter has ever been involved in voodoo or
the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, voodoo.
>===
Q: Now doctor, isn't it true that when a person dies in his sleep,
he doesn't know about it until the next morning?
===
Q: The youngest son, the twenty-year old, how old is he?
===
Q: Were you present when your picture was taken?
===
Q: So the date of conception (of the baby) was August 8th?
A : Yes
Q: And what were you doing at that time?
===
Q: She had three children, right?
A: Yes
Q: How many were boys?
A: None.
Q: Were there any girls?
===
Q: How was your first marriage terminated?
A: By death
Q: And by whose death was it terminated?
===
Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male, or a female?
===
Q: Is your appearance here this morning pursuant to a deposition
notice
which I sent to your attorney?
A: No, this is how I dress when I go to work.
>===
Q: Doctor, how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.
===
Q: All your responses must be oral, OK? What school did you go to?
A: Oral
===
Q: Do you recall the time that you examined the body?
A : The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.
==
Q: Are you qualified to give a urine sample?
===
Q: Doctor, before you performed the autopsy, did you check for a
pulse?
A: No
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No
Q: So, then it is possible that the patient was alive when you began
the autopsy?
A: No
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive, never the less?
A: Yes, it is possible that he could have been alive and practising
law somewhere.
Wednesday, October 10, 2001
COMMENT
UN declares US attacks on Afghanistan as acts of self-defense
A day after the US attacked Afghanistan, the United Nations Security Council passed a unanimous resolution recognizing the US right to "individual or collective self-defense." US Ambassador John Negroponte said the attacks on Afghanistan were "actions designed to prevent and deter further (terrorist) attacks on the United States." The US claimed that it only bombed Taliban stations and the Al Qaeda terrorists installations and not civilians. The US also claimed that simultaneous with the bombings, US jets dropped food, medicine and other supplies to populated places in Afghanistan. The explanation came even as thousands of Muslims all over the world protested the attacks.
Under Article 51 the UN Charter, the determination of the validity of the exercise of the right of self-defense is placed upon the UN Security Council. Thus, in view of the UN Security Council resolution, as far as compliance with international law formalities is concerned, the legality of the attacks on Afghanistan is beyond inquiry.
Yet, international law issues do not appear to have been resolved by the UN Security Council resolution. To begin with, the Taliban is not a direct aggressor of the US. While it is charged with harboring bin Laden, it is not bound to give him up to the US since no formal extradition treaty exists between the US and Taliban. Bin Laden himself is not considered a criminal in Afghanistan. Worse, bin Laden has only been charged in a US Court and has not been convicted. Political rhetoric from Pres. Bush and Prime Minister Blair also shows that another reason why the Taliban is being attacked is because of its rigid interpretation of the Islamic faith. Clearly, this is beyond the realm of self-defense. Thus, the Muslim protests against the attacks all over the world may not be easily dismissed as simply fanatical.
UN declares US attacks on Afghanistan as acts of self-defense
A day after the US attacked Afghanistan, the United Nations Security Council passed a unanimous resolution recognizing the US right to "individual or collective self-defense." US Ambassador John Negroponte said the attacks on Afghanistan were "actions designed to prevent and deter further (terrorist) attacks on the United States." The US claimed that it only bombed Taliban stations and the Al Qaeda terrorists installations and not civilians. The US also claimed that simultaneous with the bombings, US jets dropped food, medicine and other supplies to populated places in Afghanistan. The explanation came even as thousands of Muslims all over the world protested the attacks.
Under Article 51 the UN Charter, the determination of the validity of the exercise of the right of self-defense is placed upon the UN Security Council. Thus, in view of the UN Security Council resolution, as far as compliance with international law formalities is concerned, the legality of the attacks on Afghanistan is beyond inquiry.
Yet, international law issues do not appear to have been resolved by the UN Security Council resolution. To begin with, the Taliban is not a direct aggressor of the US. While it is charged with harboring bin Laden, it is not bound to give him up to the US since no formal extradition treaty exists between the US and Taliban. Bin Laden himself is not considered a criminal in Afghanistan. Worse, bin Laden has only been charged in a US Court and has not been convicted. Political rhetoric from Pres. Bush and Prime Minister Blair also shows that another reason why the Taliban is being attacked is because of its rigid interpretation of the Islamic faith. Clearly, this is beyond the realm of self-defense. Thus, the Muslim protests against the attacks all over the world may not be easily dismissed as simply fanatical.
Monday, October 08, 2001
COMMENT
Did attack on Afghanistan violate international law?
While the world reacts in various ways to the US-led attack on Afghanistan on October 7, 2001, international law observers ponder an issue that threatens the very existence of international law as a discipline: Did the attack violate the international law prohibition on the use of force against the territorial integrity and political independence of any state?
In the case Nicaragua v. U.S., the International Court of Justice (ICJ) declared that the non-use of force principle as embodied in Article 2(4) of the United Nations Charter is a customary international law that is binding upon all the nations of the world independently of any treaty that may embody it. Only two noted exceptions are allowed under the rule: self-defense and UN-approved enforcement actions. None of these exceptions have so far been invoked as a legal ground under international law to justify the attack. None of them also appear to be existing.
While questions of this kind seem academic in the face of an almost overwhelming support for the attack in reaction to the World Trade Center bombings on September 11, 2001, not to mention that the chief proponents of the attack are the superpowers of the world, the question is relevant if only to confirm that there is such a field of law as public international law that states are bound to obey. Indeed, if international law was violated by the attack, who will impose the sanctions on the errant nations?
Did attack on Afghanistan violate international law?
While the world reacts in various ways to the US-led attack on Afghanistan on October 7, 2001, international law observers ponder an issue that threatens the very existence of international law as a discipline: Did the attack violate the international law prohibition on the use of force against the territorial integrity and political independence of any state?
In the case Nicaragua v. U.S., the International Court of Justice (ICJ) declared that the non-use of force principle as embodied in Article 2(4) of the United Nations Charter is a customary international law that is binding upon all the nations of the world independently of any treaty that may embody it. Only two noted exceptions are allowed under the rule: self-defense and UN-approved enforcement actions. None of these exceptions have so far been invoked as a legal ground under international law to justify the attack. None of them also appear to be existing.
While questions of this kind seem academic in the face of an almost overwhelming support for the attack in reaction to the World Trade Center bombings on September 11, 2001, not to mention that the chief proponents of the attack are the superpowers of the world, the question is relevant if only to confirm that there is such a field of law as public international law that states are bound to obey. Indeed, if international law was violated by the attack, who will impose the sanctions on the errant nations?
Sunday, October 07, 2001
ADMIN
Yahoo Messenger Installed
We have installed Yahoo Messenger in order to provide greater interactivity to our site visitors. If we are online, we will be available to answer simple legal querries on Philippine law. Our expertise lies in labor, media, contracts and general business law. However, as this is a public site, please be aware that we cannot ensure confidentiality. To protect your identities, please do not give details. Just click the icon, login to Yahoo Messenger and type your message. This service is free.
Yahoo Messenger Installed
We have installed Yahoo Messenger in order to provide greater interactivity to our site visitors. If we are online, we will be available to answer simple legal querries on Philippine law. Our expertise lies in labor, media, contracts and general business law. However, as this is a public site, please be aware that we cannot ensure confidentiality. To protect your identities, please do not give details. Just click the icon, login to Yahoo Messenger and type your message. This service is free.
Tuesday, October 02, 2001
NEWS
US Will Not Consider National ID System
According to CW360.com, US president George W Bush will not pursue a national identification card system despite calls from parts of government and industry following the 11 September terrorist attacks.According to the White House Spokesperson, they are not even condering the idea.
The White House's declaration came as a reaction to a recent surge of interest in national ID cards, which included an offer from Oracle chief executive, Larry Ellison, to have his company bear the software costs for such a system. Furthermore, research by the US-based Pew Research Centre found that most Americans are in favor a national ID card, although most balked at government surveillance of phone calls and e-mails.
In the Philippines, Pres. Gloria Arroyo has already expressed her support for a national ID system which drew immediate opposition from human rights advocates. During his term as president, former President Fidel V. Ramos passed an administrative order establishing a national ID system. Senators challenged the constitutionality of the order before the Supreme Court which declared its unconstitutionality.
US Will Not Consider National ID System
According to CW360.com, US president George W Bush will not pursue a national identification card system despite calls from parts of government and industry following the 11 September terrorist attacks.According to the White House Spokesperson, they are not even condering the idea.
The White House's declaration came as a reaction to a recent surge of interest in national ID cards, which included an offer from Oracle chief executive, Larry Ellison, to have his company bear the software costs for such a system. Furthermore, research by the US-based Pew Research Centre found that most Americans are in favor a national ID card, although most balked at government surveillance of phone calls and e-mails.
In the Philippines, Pres. Gloria Arroyo has already expressed her support for a national ID system which drew immediate opposition from human rights advocates. During his term as president, former President Fidel V. Ramos passed an administrative order establishing a national ID system. Senators challenged the constitutionality of the order before the Supreme Court which declared its unconstitutionality.
Tuesday, September 25, 2001
NEWS
Pres. GMA declares support to revive National ID System. Bayan Muna objects.
As we predicted earlier, the plan to install the National ID System has been revived in reaction to the World Trade Center attacks. The Inquirer reported today that Pres. Arroyo is supporting the revival of the National ID System. The full story is found here. Party list congressmen from Bayan Muna immediately raised their objections. The Inquirer also reported the story. Click here.
Pres. GMA declares support to revive National ID System. Bayan Muna objects.
As we predicted earlier, the plan to install the National ID System has been revived in reaction to the World Trade Center attacks. The Inquirer reported today that Pres. Arroyo is supporting the revival of the National ID System. The full story is found here. Party list congressmen from Bayan Muna immediately raised their objections. The Inquirer also reported the story. Click here.
Sunday, September 23, 2001
COMMENT
God Bless Big Brother Indeed
Salon.com has posted an article expressing concern over the apparent receptiveness of the US Congress to pass more stringent anti-terrorist legislation. As a result, civil liberties of individuals, especially immigrants, will be considerably curtailed. The lead of the article states as follows:
"Northwest Airlines kicked three Arab-American men off a flight from Minneapolis to Philadelphia Friday, simply because other passengers refused to fly on the same plane with them. The airline defended removing the men from the plane, saying that security rules gave it permission to "reaccommodate" passengers. The Council on American-Islamic Relations reacted immediately: "This is racial and religious profiling of the worst kind. Both the passengers and the airplane personnel should be ashamed of their actions." Even as Arab-Americans face daily affronts to their civil liberties, Congress is crafting new legislation to further limit their freedoms -- and everyone else's. And while there is some dissent being expressed behind closed doors in Congress, an "anti-terrorism" bill is expected to be formally introduced next week. Given the current climate of fear and anger, most observers expect easy passage."
The full text is found here.
In the Philippines, anti-terrorist legislation has been consistently defeated in the Philippine Congress since the time that former President Fidel V. Ramos was still Pres. Cory Aquino's defense secretary. Foremost among this anti-terroris legislation is the proposal for the national ID system that creates a presumption that those without national ID's are rebels. We may expect the revival of this proposal soon, especially that Mr. Ranos's supporters are also supporters of Pres. Gloria Macapagal-Arroyo. In the event that anti-terrorist legislation is passed by Congress, the same may be challenged only in the Supreme Court which will then test its validity as against the Philippine Constitution.
God Bless Big Brother Indeed
Salon.com has posted an article expressing concern over the apparent receptiveness of the US Congress to pass more stringent anti-terrorist legislation. As a result, civil liberties of individuals, especially immigrants, will be considerably curtailed. The lead of the article states as follows:
"Northwest Airlines kicked three Arab-American men off a flight from Minneapolis to Philadelphia Friday, simply because other passengers refused to fly on the same plane with them. The airline defended removing the men from the plane, saying that security rules gave it permission to "reaccommodate" passengers. The Council on American-Islamic Relations reacted immediately: "This is racial and religious profiling of the worst kind. Both the passengers and the airplane personnel should be ashamed of their actions." Even as Arab-Americans face daily affronts to their civil liberties, Congress is crafting new legislation to further limit their freedoms -- and everyone else's. And while there is some dissent being expressed behind closed doors in Congress, an "anti-terrorism" bill is expected to be formally introduced next week. Given the current climate of fear and anger, most observers expect easy passage."
The full text is found here.
In the Philippines, anti-terrorist legislation has been consistently defeated in the Philippine Congress since the time that former President Fidel V. Ramos was still Pres. Cory Aquino's defense secretary. Foremost among this anti-terroris legislation is the proposal for the national ID system that creates a presumption that those without national ID's are rebels. We may expect the revival of this proposal soon, especially that Mr. Ranos's supporters are also supporters of Pres. Gloria Macapagal-Arroyo. In the event that anti-terrorist legislation is passed by Congress, the same may be challenged only in the Supreme Court which will then test its validity as against the Philippine Constitution.
Saturday, September 22, 2001
NEWS
Insurers of World Trade Center won’t use war exclusion
The website www.businessinsurance.com reported recently that insurers of the World Trade Center and other parties affected by the attack against key landmarks of the United States will not use the war exclusions in the insurance contracts covering the towers and other affected entities and individuals. The National Assn. of Independent Insurers said in a written statement that “NAII wishes to confirm that insurers have strongly indicated that they do not intend to invoke the ‘act of war’ exclusion. This is a non-issue, and all insurers we have heard from are treating the losses as covered claims.” It may be recalled that on September 11, 2001, a group of terrorists hijacked two commercial planes and rammed them against the twin towers of the World Trade Center. The towers eventually collapsed. More than 6,000 are believed to have perished from the incident.
The complete text of the story is found here.
Insurers of World Trade Center won’t use war exclusion
The website www.businessinsurance.com reported recently that insurers of the World Trade Center and other parties affected by the attack against key landmarks of the United States will not use the war exclusions in the insurance contracts covering the towers and other affected entities and individuals. The National Assn. of Independent Insurers said in a written statement that “NAII wishes to confirm that insurers have strongly indicated that they do not intend to invoke the ‘act of war’ exclusion. This is a non-issue, and all insurers we have heard from are treating the losses as covered claims.” It may be recalled that on September 11, 2001, a group of terrorists hijacked two commercial planes and rammed them against the twin towers of the World Trade Center. The towers eventually collapsed. More than 6,000 are believed to have perished from the incident.
The complete text of the story is found here.
Friday, September 21, 2001
LEGAL HISTORY
This Day in 1972
This day in history Pres. Ferdinand Marcos issued Proclamation 1081 placing the entire Philippine archipelago on a state of Martial Law. Within twenty-four hours from the declaration, thousands of persons perceived as enemies of Marcos were rounded up and jailed, including incumbent senators, big businessmen, politicians, journalists, clerics, union leaders and students. To pave the way for a dictatorial regime, Ms. Marcos then called for the organization of people's assemblies to ratify the 1973 Constitution by mere show of hands. Martial rule then became a way of life among Filipinos until it was lifted in 1981 as a concession to Pope John Paul II who visited the Philippines that same year. With mounting pressure from local and foreign political forces, Mr. Marcos convened the Batasang Pambansa, the legislative branch of government as provided in the 1973 Constitution. The opposition gained more momentum when Ninoy Aquino got assassinated on August 21, 1983. From then on, anti-Marcos political assemblies and rallies became more frequent until Mr. Marcos was forced to call a presidential election on February 7, 1986. On February 25 1986, a civilian-backed military uprising overthrew Marcos thus ending the dictatorial regime that began on September 21, 1972.
This Day in 1972
This day in history Pres. Ferdinand Marcos issued Proclamation 1081 placing the entire Philippine archipelago on a state of Martial Law. Within twenty-four hours from the declaration, thousands of persons perceived as enemies of Marcos were rounded up and jailed, including incumbent senators, big businessmen, politicians, journalists, clerics, union leaders and students. To pave the way for a dictatorial regime, Ms. Marcos then called for the organization of people's assemblies to ratify the 1973 Constitution by mere show of hands. Martial rule then became a way of life among Filipinos until it was lifted in 1981 as a concession to Pope John Paul II who visited the Philippines that same year. With mounting pressure from local and foreign political forces, Mr. Marcos convened the Batasang Pambansa, the legislative branch of government as provided in the 1973 Constitution. The opposition gained more momentum when Ninoy Aquino got assassinated on August 21, 1983. From then on, anti-Marcos political assemblies and rallies became more frequent until Mr. Marcos was forced to call a presidential election on February 7, 1986. On February 25 1986, a civilian-backed military uprising overthrew Marcos thus ending the dictatorial regime that began on September 21, 1972.
Tuesday, September 18, 2001
WORK IN PROGRESS
What To Expect When You’re Suing or Being Sued
Continuation of Chapter One
Choosing a Lawyer
Cases that You Should Refer Only to the Experts
In the previous portions of this on going article (please check our archives the first portion appeared on July 27, 2001), we discussed the seven basic traits that you should look for in a lawyer, the dilemma of choosing among the big or small law firm and the solo practitioner, and the issue on legal fees. In this last installment, we will discuss cases falling on fields of law that should be referred only to the experts. This is necessary in order to ensure that very little mistake will be committed in the handling of your case.
No lawyer can say that she can handle every case referred to her. Law touches upon almost every aspect of human life that it is impossible for any lawyer to exhaust it. While most lawyers can handle mainstream litigation, such as land disputes, collection cases, fraud, murder and corporate disputes, certain fields of law are easily beyond the grasp of most lawyers. We believe that at least three fields of law should be left to the experts. By “expert”, we mean that the lawyer has spent a major part of her professional life on the field. She should be so immersed in the field that she has ready answers to problems that non-experts can take days to even understand. These fields are as follows:
Tax and Customs Litigation
Tax and Customs litigation deal with disputes relating to tax assessments, tax refunds, tax protests, as well as tariff and customs disputes, including forfeiture proceedings. This field should be left to the experts because it is a universe in itself. Even the simplest of issues in tax and customs litigation will require thorough study from any practitioner. In addition, the field is highly technical. Legal maxims are mixed with percentages and mathematical formulas that ordinary lawyers will not easily comprehend. One nuance that we learned the hard way, for example, is that all pleadings filed with the customs collector have to bear a documentary science stamps tax. Otherwise, it would be disregarded. Who would know that but only an expert?
Election Law
Election law requires a lawyer who has a thorough knowledge of election laws and procedures and usually a strong disposition. Court jurisdiction and time periods for filing of pleadings appeals and other documents are often confusing and tough. Many election protests have been lost on technicalities because counsels are not familiar with the basic election laws. In addition, the election lawyer often has to deal with a roomful of people and confused election registrars. Your election lawyer should have a loud but not annoying voice to be convincing in this situation. In addition, deadlines in election disputes are really tight. Sometimes your counsel will only have the following day to file her protest. Only lawyers who are used to this environment can deliver the goods to their clients.
Admiralty Law
Admiralty deals with the law of sea transportation. It has been around for centuries. Yet, demurrage, salvage, collisions and other disputes relating to admiralty are not easy to understand and have been mastered by only a handful of practitioners. This should be left to the experts.
The common element in the above fields of law is that they not only have a different set of laws, they also have different sets of procedures in resolving disputes. We find that their procedures as complex and uncommon that only experts in the field may fill at ease in litigating those cases. While you can take a chance on a neophyte to handle any case falling under the three on your behalf, the risk of failure is going to be great that you might as well not have lawyer at all. You don’t want your lawyer coming to you with a decision that says you lost because your lawyer missed one rule in the book, and not because of lack of merit. It is one of the most agonizing losses you will experience in your life.
Next Chapter: Preparing to Go to Court
What To Expect When You’re Suing or Being Sued
Continuation of Chapter One
Choosing a Lawyer
Cases that You Should Refer Only to the Experts
In the previous portions of this on going article (please check our archives the first portion appeared on July 27, 2001), we discussed the seven basic traits that you should look for in a lawyer, the dilemma of choosing among the big or small law firm and the solo practitioner, and the issue on legal fees. In this last installment, we will discuss cases falling on fields of law that should be referred only to the experts. This is necessary in order to ensure that very little mistake will be committed in the handling of your case.
No lawyer can say that she can handle every case referred to her. Law touches upon almost every aspect of human life that it is impossible for any lawyer to exhaust it. While most lawyers can handle mainstream litigation, such as land disputes, collection cases, fraud, murder and corporate disputes, certain fields of law are easily beyond the grasp of most lawyers. We believe that at least three fields of law should be left to the experts. By “expert”, we mean that the lawyer has spent a major part of her professional life on the field. She should be so immersed in the field that she has ready answers to problems that non-experts can take days to even understand. These fields are as follows:
Tax and Customs Litigation
Tax and Customs litigation deal with disputes relating to tax assessments, tax refunds, tax protests, as well as tariff and customs disputes, including forfeiture proceedings. This field should be left to the experts because it is a universe in itself. Even the simplest of issues in tax and customs litigation will require thorough study from any practitioner. In addition, the field is highly technical. Legal maxims are mixed with percentages and mathematical formulas that ordinary lawyers will not easily comprehend. One nuance that we learned the hard way, for example, is that all pleadings filed with the customs collector have to bear a documentary science stamps tax. Otherwise, it would be disregarded. Who would know that but only an expert?
Election Law
Election law requires a lawyer who has a thorough knowledge of election laws and procedures and usually a strong disposition. Court jurisdiction and time periods for filing of pleadings appeals and other documents are often confusing and tough. Many election protests have been lost on technicalities because counsels are not familiar with the basic election laws. In addition, the election lawyer often has to deal with a roomful of people and confused election registrars. Your election lawyer should have a loud but not annoying voice to be convincing in this situation. In addition, deadlines in election disputes are really tight. Sometimes your counsel will only have the following day to file her protest. Only lawyers who are used to this environment can deliver the goods to their clients.
Admiralty Law
Admiralty deals with the law of sea transportation. It has been around for centuries. Yet, demurrage, salvage, collisions and other disputes relating to admiralty are not easy to understand and have been mastered by only a handful of practitioners. This should be left to the experts.
The common element in the above fields of law is that they not only have a different set of laws, they also have different sets of procedures in resolving disputes. We find that their procedures as complex and uncommon that only experts in the field may fill at ease in litigating those cases. While you can take a chance on a neophyte to handle any case falling under the three on your behalf, the risk of failure is going to be great that you might as well not have lawyer at all. You don’t want your lawyer coming to you with a decision that says you lost because your lawyer missed one rule in the book, and not because of lack of merit. It is one of the most agonizing losses you will experience in your life.
Next Chapter: Preparing to Go to Court
NEWS
Lawyer Statesman Neptali Gonzales Dies
Former Senate President Neptali Gonzales died of heart failure at the Makati Medical Center last September 16, 2001. He was 78. Mr. Gonzales was a law professor and dean of a law school for many years until he entered politics in 1967. He rose to national prominence as an opposition leader in the Batasang Pambansa during the latter part of the Marcos era. After the downfall of Marcos, he became the first justice secretary of then President Cory Aquino. Mr. Gonzales is the principal architect of the legal and constitutional framework of the post-Marcos era.
Lawyer Statesman Neptali Gonzales Dies
Former Senate President Neptali Gonzales died of heart failure at the Makati Medical Center last September 16, 2001. He was 78. Mr. Gonzales was a law professor and dean of a law school for many years until he entered politics in 1967. He rose to national prominence as an opposition leader in the Batasang Pambansa during the latter part of the Marcos era. After the downfall of Marcos, he became the first justice secretary of then President Cory Aquino. Mr. Gonzales is the principal architect of the legal and constitutional framework of the post-Marcos era.
Saturday, September 15, 2001
NEWS
Court dismisses Text Messaging Case
The Regional Trial Court of Quezon City issued recently an order dismissing the case filed by consumers against the cellular phone companies Globe, Smart, Islacom and Piltel on the ground of lack of jurisidcition. Earlier, the same court issued a temporary restraining order prohibiting the same companies from implementing their plan to reduce the number of allocated free text messages to their subscribers. The temporary restraining order was supposed to have been effective for twenty (20) days. Yet, before the period could lapse, the Court resolved to dismiss the case citing that it is the National Telecommunications Commission (NTC) that has power to resolve the issue and not the trial court.
Under the Rules of Civil Procedure, the consumer groups have fifteen days to file a Motion for Reconsideration or appeal to the Court of Appeals. If no motion or appeal is filed, the decision will become final and executory.
Court dismisses Text Messaging Case
The Regional Trial Court of Quezon City issued recently an order dismissing the case filed by consumers against the cellular phone companies Globe, Smart, Islacom and Piltel on the ground of lack of jurisidcition. Earlier, the same court issued a temporary restraining order prohibiting the same companies from implementing their plan to reduce the number of allocated free text messages to their subscribers. The temporary restraining order was supposed to have been effective for twenty (20) days. Yet, before the period could lapse, the Court resolved to dismiss the case citing that it is the National Telecommunications Commission (NTC) that has power to resolve the issue and not the trial court.
Under the Rules of Civil Procedure, the consumer groups have fifteen days to file a Motion for Reconsideration or appeal to the Court of Appeals. If no motion or appeal is filed, the decision will become final and executory.
Tuesday, September 11, 2001
TAKE A TIP
Avoid taking minority ownership in a company.
In the Philippines, two-thirds of the outstanding capital stock is the magic number. If you have two-thirds, you can do almost anything you want in a company -- change the Articles of Incorporation, change the business, sell all the assets, even dissolve the company. If you have less than that, you can not do anything profitable with your shares, except perhaps sell them to the majority. Everytime an issue pops up, you are out voted. Sometimes you cannot even raise an issue on the floor. Majority owners even earn on the side as voting control gives them the right to vote themselves as officers of the company and charge exhorbitant salaries and per diems. Thus, if you have to enter into a business with somebody, make sure you have two-thirds; otherwise, be prepared to be the whipping boy or girl for that matter.
Avoid taking minority ownership in a company.
In the Philippines, two-thirds of the outstanding capital stock is the magic number. If you have two-thirds, you can do almost anything you want in a company -- change the Articles of Incorporation, change the business, sell all the assets, even dissolve the company. If you have less than that, you can not do anything profitable with your shares, except perhaps sell them to the majority. Everytime an issue pops up, you are out voted. Sometimes you cannot even raise an issue on the floor. Majority owners even earn on the side as voting control gives them the right to vote themselves as officers of the company and charge exhorbitant salaries and per diems. Thus, if you have to enter into a business with somebody, make sure you have two-thirds; otherwise, be prepared to be the whipping boy or girl for that matter.
Saturday, September 08, 2001
TRIBUTE
NVM Gonzalez, would be lawyer turned writer National Artist
Today, September 8 is the birthday of NVM Gonzalez, one of the greatest Filipino writers of all time. NVM attended two years of law school at the University of the Philippines. He had many reasons for leaving law school, one of them was that he found it unacceptable that their professor would sell them copies of the Philippine Reports to fend for the professor's mistress. NVM wrote mainly about the life of Mindoro folk, their life and rituals in a feudalistic society. In the story, "On the Eve," (see the collections Grammer of Dreams and Mindoro and Beyond both published by the UP Press) he writes, quite exceptionally, about a young man on the eve of his decision to leave law school for a life as a writer, perhaps mirroring his own monumental decision to leave the legal world for what would turn out to be a well-lived life of Philippine letters. NVM died in November 1999 at the age of 84. Stanford University, where NVM's granddaughter now studies, has a webpage in his honor.
NVM Gonzalez, would be lawyer turned writer National Artist
Today, September 8 is the birthday of NVM Gonzalez, one of the greatest Filipino writers of all time. NVM attended two years of law school at the University of the Philippines. He had many reasons for leaving law school, one of them was that he found it unacceptable that their professor would sell them copies of the Philippine Reports to fend for the professor's mistress. NVM wrote mainly about the life of Mindoro folk, their life and rituals in a feudalistic society. In the story, "On the Eve," (see the collections Grammer of Dreams and Mindoro and Beyond both published by the UP Press) he writes, quite exceptionally, about a young man on the eve of his decision to leave law school for a life as a writer, perhaps mirroring his own monumental decision to leave the legal world for what would turn out to be a well-lived life of Philippine letters. NVM died in November 1999 at the age of 84. Stanford University, where NVM's granddaughter now studies, has a webpage in his honor.
Tuesday, September 04, 2001
FIRST PERSON
Nightmare on the Eve of the Bar Exams
I was in a rickety condo unit in Makati with only coackroaches keeping me company. I called for pizza delivery for dinner from Shakey's-- Manager's Choice with extra cheese, Coke and Chick n' Chips. There was enough food even for breakfast the following day. I found it too pricey for my budget at five hundred bucks, but I figured, the bar exams was my day of judgment. If I flunk it, it would be my last pizza forever. So who cares?
A classmate called to tell me that they would pick me up as early as 5:00 am. It was neessary to come early, according to her, to avoid the traffic build up brought about by the annual Alay Lakad (Walk for A Cause) Project that would pass at La Salle Taft Avenue where the exams will be. No problem. I had no choice. Either I went to the bar with obsessive compulsive classmates or I risked missing it altogether with Manila's unreliable public transport. I had no time for those little dilemmas. I figured I needed at least six hours of sleep to have an optimum performance for the eight hour exam. There was no better preparation than that. Besides, what I did not know on the eve of the bar exams, I would never know in time for the actual exams. To be ready by 5:00 am, I needed to wake up at 4:00 am. That meant I had to be snoring by 10:00 pm.
After dinner, I finished memorizing a chapter on Atty Nachura's reviewer on Political Law about diplomatic immunity. I scanned the other pages that I haven't touched and decided It was time to sleep.Yet. my gut was crying for more. It was telling me that my knowledge of political law was vanishing slowly and the only way to stop it was for me to keep on reading until I fell asleep. So I hit the books again. But, very little was sinking in. I ran my mnemonics devices to see if I can rattle off principles that I had memorized. No good. I turned on the air-conditioner to cool off. The motor was too loud. I turned it off. What do I do now? It's 11:00 pm. So much for the six hours of solid sleep. My professor gave us one tip that afternoon. "If all else fails, try beer!" But, who was gonna get that beer for me? The cockroaches? I remembered as a kid that I would make myself dizzy and fall asleep by spinning around like crazy. So I spun around the room for five minutes until I fell and threw up. But I was still wide awake. I tried music -- Mozart, Bach. But I had been listening to those guys the entire bar review period that I had been numbed. They had very little effect on me. No use.
Thereafter, it dawned upon me -- I was gonna flunk the bar. With very little sleep, if at all, there was no way I could construct a decent sentence. The exams for the day consisted of two sets of one hundred (100) essay questions to be hurdled in four hours each set. No way was anybody gonna pass that with less than six hours of sleep. I saw all my four years of hard work studying the law flashing on my mind. The episodes when I had flunked an exam were even in slo-mo. I knew I would forever be labeled a bar flunker. What job would I get? Court sheriff? It was done. The clock struck at 1:00 am as I decided I had lost it and dozed off. Good night bar flunker.
That was exactly six years today. Of course, I flunked the exams on that day. But I made enough points in the succeeding exams to give me a decent passing mark. I knew better the following week. I downed a bottle of wine.
Nightmare on the Eve of the Bar Exams
I was in a rickety condo unit in Makati with only coackroaches keeping me company. I called for pizza delivery for dinner from Shakey's-- Manager's Choice with extra cheese, Coke and Chick n' Chips. There was enough food even for breakfast the following day. I found it too pricey for my budget at five hundred bucks, but I figured, the bar exams was my day of judgment. If I flunk it, it would be my last pizza forever. So who cares?
A classmate called to tell me that they would pick me up as early as 5:00 am. It was neessary to come early, according to her, to avoid the traffic build up brought about by the annual Alay Lakad (Walk for A Cause) Project that would pass at La Salle Taft Avenue where the exams will be. No problem. I had no choice. Either I went to the bar with obsessive compulsive classmates or I risked missing it altogether with Manila's unreliable public transport. I had no time for those little dilemmas. I figured I needed at least six hours of sleep to have an optimum performance for the eight hour exam. There was no better preparation than that. Besides, what I did not know on the eve of the bar exams, I would never know in time for the actual exams. To be ready by 5:00 am, I needed to wake up at 4:00 am. That meant I had to be snoring by 10:00 pm.
After dinner, I finished memorizing a chapter on Atty Nachura's reviewer on Political Law about diplomatic immunity. I scanned the other pages that I haven't touched and decided It was time to sleep.Yet. my gut was crying for more. It was telling me that my knowledge of political law was vanishing slowly and the only way to stop it was for me to keep on reading until I fell asleep. So I hit the books again. But, very little was sinking in. I ran my mnemonics devices to see if I can rattle off principles that I had memorized. No good. I turned on the air-conditioner to cool off. The motor was too loud. I turned it off. What do I do now? It's 11:00 pm. So much for the six hours of solid sleep. My professor gave us one tip that afternoon. "If all else fails, try beer!" But, who was gonna get that beer for me? The cockroaches? I remembered as a kid that I would make myself dizzy and fall asleep by spinning around like crazy. So I spun around the room for five minutes until I fell and threw up. But I was still wide awake. I tried music -- Mozart, Bach. But I had been listening to those guys the entire bar review period that I had been numbed. They had very little effect on me. No use.
Thereafter, it dawned upon me -- I was gonna flunk the bar. With very little sleep, if at all, there was no way I could construct a decent sentence. The exams for the day consisted of two sets of one hundred (100) essay questions to be hurdled in four hours each set. No way was anybody gonna pass that with less than six hours of sleep. I saw all my four years of hard work studying the law flashing on my mind. The episodes when I had flunked an exam were even in slo-mo. I knew I would forever be labeled a bar flunker. What job would I get? Court sheriff? It was done. The clock struck at 1:00 am as I decided I had lost it and dozed off. Good night bar flunker.
That was exactly six years today. Of course, I flunked the exams on that day. But I made enough points in the succeeding exams to give me a decent passing mark. I knew better the following week. I downed a bottle of wine.
Sunday, September 02, 2001
WEB ADMIN
We are temporarily removing our javascript services from Bravenet.com, law.com and the counter.com for the search button, law dictionary and counter respectively.The offending code has been found in at least one of the three. They will be restored in due time after the technical issue has been resolved.
We are temporarily removing our javascript services from Bravenet.com, law.com and the counter.com for the search button, law dictionary and counter respectively.The offending code has been found in at least one of the three. They will be restored in due time after the technical issue has been resolved.
Friday, August 31, 2001
NEWS
Court Issues Restraining Order against Mobile phone Companies
The Regional Trial Court of Quezon City issued today a temporary restraining order barring mobile phone operators Smart Communications, Globe Telecoms and Pilipino Telephone Corporation from cutting free text message allocations to their subscribers. The court issued the order in connection with the petition filed by consumer group Philippine League of Democratic Telecommunications (PLDTi) which claims that the decision of the mobile phone operators constitutes a breach of contract with their millions of mobile phone subscribers.
The mobile phone companies anchored their opposition on the technical ground that the Court did not have jurisdiction over the subject matter. According to them, the government agency tasked to regulate telephone companies is the National Telecommunications Commission (NTC). To rebut the opposition, PLDTI presented a letter by a Globe Executive to a congressman which letter stated that text messaging is a "deregulated" service, and is therefore not under the jurisdiction of the National Telecommunications Commission.
The temporary restraining order is effective only for twenty (20) days during which the mobile phone operators will be given the chance to present new arguments on why the restraining order should not be extended.
Court Issues Restraining Order against Mobile phone Companies
The Regional Trial Court of Quezon City issued today a temporary restraining order barring mobile phone operators Smart Communications, Globe Telecoms and Pilipino Telephone Corporation from cutting free text message allocations to their subscribers. The court issued the order in connection with the petition filed by consumer group Philippine League of Democratic Telecommunications (PLDTi) which claims that the decision of the mobile phone operators constitutes a breach of contract with their millions of mobile phone subscribers.
The mobile phone companies anchored their opposition on the technical ground that the Court did not have jurisdiction over the subject matter. According to them, the government agency tasked to regulate telephone companies is the National Telecommunications Commission (NTC). To rebut the opposition, PLDTI presented a letter by a Globe Executive to a congressman which letter stated that text messaging is a "deregulated" service, and is therefore not under the jurisdiction of the National Telecommunications Commission.
The temporary restraining order is effective only for twenty (20) days during which the mobile phone operators will be given the chance to present new arguments on why the restraining order should not be extended.
Thursday, August 30, 2001
NEWS
Supreme Court Issues New Rules On Extra-Judicial Foreclosure Of Mortgage
The Philippine Supreme Court recently issued the Rules of Procedure on Extra-Judicial Foreclosure of Mortgage (A.M. 99-10-05-0 dated August 7, 2001) amending and modifying Adm. Order No. 3 (19 October 1984) and Adm. Circular No. 3-98 (5 February 1998).
The new rules clarified that the period for corporations to redeem their foreclosed properties shall lapse upon the registration of the certificate of foreclosure sale or after three (3) months after the foreclosure whichever occurs earlier. This provision has serious implications on various Philippine corporations that have defaulted on their loans and whose assets have been foreclosed. The limited period will very likely prevent corporations from redeeming their foreclosed assets from bank-creditors, especially considering the poor economic climate. Note, however, that for individuals, the period of redemption is still one year after the registration of the foreclosure sale.
Supreme Court Issues New Rules On Extra-Judicial Foreclosure Of Mortgage
The Philippine Supreme Court recently issued the Rules of Procedure on Extra-Judicial Foreclosure of Mortgage (A.M. 99-10-05-0 dated August 7, 2001) amending and modifying Adm. Order No. 3 (19 October 1984) and Adm. Circular No. 3-98 (5 February 1998).
The new rules clarified that the period for corporations to redeem their foreclosed properties shall lapse upon the registration of the certificate of foreclosure sale or after three (3) months after the foreclosure whichever occurs earlier. This provision has serious implications on various Philippine corporations that have defaulted on their loans and whose assets have been foreclosed. The limited period will very likely prevent corporations from redeeming their foreclosed assets from bank-creditors, especially considering the poor economic climate. Note, however, that for individuals, the period of redemption is still one year after the registration of the foreclosure sale.
NEWS
Fil Telco Watchdog Files Class Action Against Cellcos, NTC to Stop SMS Text Reduction
The Philippine League for Democratic Telecommunications, Inc. (PLDTI), a local telecommunications consumer watchdog organization, along with some individual complainants yesterday filed before the Quezon City Regional Trial Court a class action suit against cellular service companies Globe Telecoms GMCR (Globe), Smart Communications (Smart), Pilipino Telephone Company (Piltel), and Islacom as well as the National Telecommunications Commission (NTC), asking for a temporary restraining order (TRO), and preliminary and permanent injunctions to prevent the implementation of the above-mentioned cellular companies' plans to reduce their allocation of bundled SMS text messages per month to subscribers.
In its complaint, PLDTI alleges that the cellcos committed a breach of contract in unilaterally reducing their allocated number of text messages to subscribers per month after advertising a specific and certain amount of text message allocation much higher than they now intend to impose. Citing a number of legal provisions, the League showed how and why the cellcos involved have reneged on their own contracts to the detriment of millions of cellphone subscribers and users. It also argued that contrary to the term used by cellcos, such allocated text messages are not "free" at all, but bundled with the cost of monthly subscription or with each prepaid card.
Under Philippine law, the Court may grant a temporary restraining order for three days after a summary hearing on the controversy. The period may be extended for twenty days upon reception of evidence of the complainants and the respondents. Thereafter, after a continuous hearing and upon the posting of bond by the complainants in the amount that the Court may require, the Court may grant a preliminary injunction to last until the case is decided on the merits.
Fil Telco Watchdog Files Class Action Against Cellcos, NTC to Stop SMS Text Reduction
The Philippine League for Democratic Telecommunications, Inc. (PLDTI), a local telecommunications consumer watchdog organization, along with some individual complainants yesterday filed before the Quezon City Regional Trial Court a class action suit against cellular service companies Globe Telecoms GMCR (Globe), Smart Communications (Smart), Pilipino Telephone Company (Piltel), and Islacom as well as the National Telecommunications Commission (NTC), asking for a temporary restraining order (TRO), and preliminary and permanent injunctions to prevent the implementation of the above-mentioned cellular companies' plans to reduce their allocation of bundled SMS text messages per month to subscribers.
In its complaint, PLDTI alleges that the cellcos committed a breach of contract in unilaterally reducing their allocated number of text messages to subscribers per month after advertising a specific and certain amount of text message allocation much higher than they now intend to impose. Citing a number of legal provisions, the League showed how and why the cellcos involved have reneged on their own contracts to the detriment of millions of cellphone subscribers and users. It also argued that contrary to the term used by cellcos, such allocated text messages are not "free" at all, but bundled with the cost of monthly subscription or with each prepaid card.
Under Philippine law, the Court may grant a temporary restraining order for three days after a summary hearing on the controversy. The period may be extended for twenty days upon reception of evidence of the complainants and the respondents. Thereafter, after a continuous hearing and upon the posting of bond by the complainants in the amount that the Court may require, the Court may grant a preliminary injunction to last until the case is decided on the merits.
Tuesday, August 28, 2001
WEB ADMIN
Isyndicate.com provides int'l law news to MBAceron
We have signed up for isyndicate.com's syndicated news from other content providers on the web recently. This service will help local readers looking for international law news obtain a regular source of legal information aside from what we provide here. This is consistent with our objective to help non-lawyers understand the law and the lawyers. In exchange, we have also signed up with isyndicate for the provision of Philippine legal news to its subscribers.
Isyndicate.com provides int'l law news to MBAceron
We have signed up for isyndicate.com's syndicated news from other content providers on the web recently. This service will help local readers looking for international law news obtain a regular source of legal information aside from what we provide here. This is consistent with our objective to help non-lawyers understand the law and the lawyers. In exchange, we have also signed up with isyndicate for the provision of Philippine legal news to its subscribers.
Monday, August 27, 2001
NEWS
Landmark E-Libel Suit dismissed
The Pasig City Prosecutor’s office dismissed recently the landmark libel case filed by Emmanuel Disini, Chief Executive Officer of Dotph, Inc., against Joel Contreras, a fellow IT executive.
The case stemmed from alleged libelous statements made by Mr. Contreras in a Powerpoint presentation, email, and online newspaper www.inq7.net that allegedly portrayed Mr. Disini as an unethical businessman who was also engaged in extortion by demanding unreasonable consideration for services. The Pasig City Prosecutor’s Office dismissed the complaint on the ground that malice is not present in any of Mr. Contreras's statements, and that the statements "do not indicate anything that would portray the complainant as an unethical businessman or extortionist."
Many observers consider the case a landmark case because it was supposed to test the admissibility of email and internet publications as evidence to support a criminal charge for libel. In addition, the case involved the Philippines's leading internet personalities. The Pasig City Prosecutor said, however, that it would not pretend to have extensive knowledge of matters concerning the internet because it does not, take special knowledge, skill or know-how to assess the import of the subject statements. It added further that Mr. Contreras’s statements do not portray Disini as an "unethical businessman or extortionist."
Dotph, Inc., a company headed by Mr. Disini, is the ph domain name administrator. Mr. Contreras is the head of Phildac a multi-sectoral organization which is seeking the re-delegation of the ph domain administration from Dotph to Phildac. The alleged libelous statements were made in the course of Phildac’s media campaign to generate support for its cause to gain control of the ph registry. According to Mr. Contreras’s presentation, Mr. Disini would only agree to the re-delegation of the ph domain registry if he would be paid PHp 50,000 and other perks like a free leased line service and access to ph bandwidth. Mr. Disini felt that the statements made him look like he was unethical or an extortionist.
Under Philippine law, the order of dismissal may be appealed to the Department of Justice within fifteen days from notice to the parties of the decision. Thereafter, any party may appeal further to the Office of the President or to the Court of Appeals through a special remedy called petition for certiorari. The final say can be obtained from the Supreme Court should the parties still fail to obtain what they want from the Court of Appeals.
Landmark E-Libel Suit dismissed
The Pasig City Prosecutor’s office dismissed recently the landmark libel case filed by Emmanuel Disini, Chief Executive Officer of Dotph, Inc., against Joel Contreras, a fellow IT executive.
The case stemmed from alleged libelous statements made by Mr. Contreras in a Powerpoint presentation, email, and online newspaper www.inq7.net that allegedly portrayed Mr. Disini as an unethical businessman who was also engaged in extortion by demanding unreasonable consideration for services. The Pasig City Prosecutor’s Office dismissed the complaint on the ground that malice is not present in any of Mr. Contreras's statements, and that the statements "do not indicate anything that would portray the complainant as an unethical businessman or extortionist."
Many observers consider the case a landmark case because it was supposed to test the admissibility of email and internet publications as evidence to support a criminal charge for libel. In addition, the case involved the Philippines's leading internet personalities. The Pasig City Prosecutor said, however, that it would not pretend to have extensive knowledge of matters concerning the internet because it does not, take special knowledge, skill or know-how to assess the import of the subject statements. It added further that Mr. Contreras’s statements do not portray Disini as an "unethical businessman or extortionist."
Dotph, Inc., a company headed by Mr. Disini, is the ph domain name administrator. Mr. Contreras is the head of Phildac a multi-sectoral organization which is seeking the re-delegation of the ph domain administration from Dotph to Phildac. The alleged libelous statements were made in the course of Phildac’s media campaign to generate support for its cause to gain control of the ph registry. According to Mr. Contreras’s presentation, Mr. Disini would only agree to the re-delegation of the ph domain registry if he would be paid PHp 50,000 and other perks like a free leased line service and access to ph bandwidth. Mr. Disini felt that the statements made him look like he was unethical or an extortionist.
Under Philippine law, the order of dismissal may be appealed to the Department of Justice within fifteen days from notice to the parties of the decision. Thereafter, any party may appeal further to the Office of the President or to the Court of Appeals through a special remedy called petition for certiorari. The final say can be obtained from the Supreme Court should the parties still fail to obtain what they want from the Court of Appeals.
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THE WEBLOGREVIEW REVIEWS MBACERON.COM
"People in the Philippines may find this to be a very useful site, as it contains a lot of pertinent information for anyone needing to know about their rights, the law, and legal council."
--The Weblog Review
Our hearts are tickled pink by the comments of approval from the people behind the Web Blog Review. We are happy to find out that we are working towards the right direction. We took note of the useful comments and we will endeavor to improve our site as we go on.
Friday, August 24, 2001
COMMENT
On the Adequacy of the New Philippine Rules on Electronic Evidence
Jim Ayson, a noted web developer in the field of Philippine music, reported that in a forum regarding the New Rules on Electronic Evidence, the lawyers criticized the Rules for being incomplete. He writes,
"For example-- among the criticisms on the promulgation of the Rules on Electronic Evidence (REE) are on its substance, how it affects the Best Evidence Rule and the rules on Admissibility under the Rules of Evidence.. The REE practically does away
with the concept of "best evidence." With the REE almost any electronic document/data message can become admissible...but what about traditional transactions where no internet or any electronic transaction were ever involved?"
There is indeed an "anomaly" under the Best Evidence Rule if read together with the REE. We believe, however, that lawyers have to live with this "anomaly" as the legal world takes a paradigm shift with the onset of electronic evidence. The crux of the issue is how the word "original" is defined. With paper transactions, the original is the document actually signed by the parties. But with electronic evidence, the original can be the file on the hard disk or the email or the diskette file or the print-out or the faxed copy. The lawyers (and most especially the judges) should accept the need to broaden the meaning of the term "original " in the light of new technology.
Yet, we can hardly understand why this provision can be considered a defect in the Rules. For years, we agonized over how to present a faxed message where the only original we have is the faxed copy itself. Every time we presented the faxed copy, we got objections left and right and the poor judge was only too happy to tow the hard-line because the law says the original cannot be the faxed copy. Sometime in 1999, we received a referral on the filing of a criminal case against a group of people who hacked the important files of a company. The evidence consisted of print-outs which clearly indicated who and where the hacker was. We declined the case because the Rules of Evidence in 1999 showed that evidence in the form of print-outs is out of the question. Now. with the new REE, we are more confident that our faxed messages and electronic print-outs can withstand vigorous objections from the best lawyers.
We imagine the first Filipino e-commerce case to be tough. Our lawyers and judges will have to look to the US (which by the way is also struggling with this new field) for various questions on electronic evidence. But adequate or not, the new Rules will surely help the lawyers and the judges get started. That should be good enough. Besides, if the rules were complete and clear, what are lawyers for?
On the Adequacy of the New Philippine Rules on Electronic Evidence
Jim Ayson, a noted web developer in the field of Philippine music, reported that in a forum regarding the New Rules on Electronic Evidence, the lawyers criticized the Rules for being incomplete. He writes,
"For example-- among the criticisms on the promulgation of the Rules on Electronic Evidence (REE) are on its substance, how it affects the Best Evidence Rule and the rules on Admissibility under the Rules of Evidence.. The REE practically does away
with the concept of "best evidence." With the REE almost any electronic document/data message can become admissible...but what about traditional transactions where no internet or any electronic transaction were ever involved?"
There is indeed an "anomaly" under the Best Evidence Rule if read together with the REE. We believe, however, that lawyers have to live with this "anomaly" as the legal world takes a paradigm shift with the onset of electronic evidence. The crux of the issue is how the word "original" is defined. With paper transactions, the original is the document actually signed by the parties. But with electronic evidence, the original can be the file on the hard disk or the email or the diskette file or the print-out or the faxed copy. The lawyers (and most especially the judges) should accept the need to broaden the meaning of the term "original " in the light of new technology.
Yet, we can hardly understand why this provision can be considered a defect in the Rules. For years, we agonized over how to present a faxed message where the only original we have is the faxed copy itself. Every time we presented the faxed copy, we got objections left and right and the poor judge was only too happy to tow the hard-line because the law says the original cannot be the faxed copy. Sometime in 1999, we received a referral on the filing of a criminal case against a group of people who hacked the important files of a company. The evidence consisted of print-outs which clearly indicated who and where the hacker was. We declined the case because the Rules of Evidence in 1999 showed that evidence in the form of print-outs is out of the question. Now. with the new REE, we are more confident that our faxed messages and electronic print-outs can withstand vigorous objections from the best lawyers.
We imagine the first Filipino e-commerce case to be tough. Our lawyers and judges will have to look to the US (which by the way is also struggling with this new field) for various questions on electronic evidence. But adequate or not, the new Rules will surely help the lawyers and the judges get started. That should be good enough. Besides, if the rules were complete and clear, what are lawyers for?
Tuesday, August 21, 2001
COMMENT
The Lawyers Thank the PC
This month the world celebrates the 20th anniversary of the personal computer (PC). Many stories have been spun about how the PC has changed the world, but the impact of the PC to the legal profession cannot be ignored. Even lawyers owe a lot to the PC and have a lot to thank for.
When the PC arrived, contracts that once took hours to type and hours to re-type could suddenly be revised in a moment. They could even be recycled for other clients. Our lawyer Uncle Edgardo Aceron who has been practising law in Calapan, Oriental Mindoro Philippines since the late 1960's told us that he used to have six secretaries who typed his pleadings that he wrote on yellow pad page by page. Each one of them had her own Olympia typewriter to tinker with.Twenty-five years hence, he bought an IBM compatible PC/XT that run Wordstar 4.0 and cut down his secretarial work pool to just one.
Nowadays, the PC is even more useful not just as a word processor but also as a box full of legal information. We can now access the entire 100 years of Philippine jurisprudence in CD ROM through the popular Lex Libris Series. Leather bound law books that used to adorn and eat half the space of law offices have become absolete. We can also read the latest Philippine Supreme Court decision and circulars through the internet at www.supremecourt.gov.ph. There is no need to wait for the release of the third party Supreme Court reporters that are often bulky and expensive. Likewise, laws are published by law firm libraries online like www.chanrobles.com. This made research as quick and simple as clicking a mouse.
The PC has also introduced us to the lawyer softwares. We have programs that can help draft simple deeds of sale, wills and quitclaims. We just type in the details at the prompt of the cursor, and we have exactly the contract that we need. No more bothering a lawyer for the ordinary contracts that non-lawyers throught were esoteric.
The PC has also evolved its own set of laws and rules ranging the expanse of intellectual property, privacy, and crime -- thus, creating a field of law in itself. Some lawyers have fashioned themselves as e-lawyers and have made the field of comptuer technology law as an expertise. With present technology, we can see that in the near future, litigation will be conducted through the internet with the aid of the PC and lawyers need not come to court. People will also negotiate big contracts, not just the consumer goods purchases, on the net through the aid of the PC. Lawyers will occupy a window on people's PC, accessed and paid only when clicked.
Indeed, the PC has brought efficiency in many aspects of the legal profession. The PC is now the lawyers best friend. It is the lawyer's means to process, source and send legal information. As the world celebrates the PC's birth, the lawyers heave a sigh. Thank God for the PC lawyering in the new millenium is easy.
The Lawyers Thank the PC
This month the world celebrates the 20th anniversary of the personal computer (PC). Many stories have been spun about how the PC has changed the world, but the impact of the PC to the legal profession cannot be ignored. Even lawyers owe a lot to the PC and have a lot to thank for.
When the PC arrived, contracts that once took hours to type and hours to re-type could suddenly be revised in a moment. They could even be recycled for other clients. Our lawyer Uncle Edgardo Aceron who has been practising law in Calapan, Oriental Mindoro Philippines since the late 1960's told us that he used to have six secretaries who typed his pleadings that he wrote on yellow pad page by page. Each one of them had her own Olympia typewriter to tinker with.Twenty-five years hence, he bought an IBM compatible PC/XT that run Wordstar 4.0 and cut down his secretarial work pool to just one.
Nowadays, the PC is even more useful not just as a word processor but also as a box full of legal information. We can now access the entire 100 years of Philippine jurisprudence in CD ROM through the popular Lex Libris Series. Leather bound law books that used to adorn and eat half the space of law offices have become absolete. We can also read the latest Philippine Supreme Court decision and circulars through the internet at www.supremecourt.gov.ph. There is no need to wait for the release of the third party Supreme Court reporters that are often bulky and expensive. Likewise, laws are published by law firm libraries online like www.chanrobles.com. This made research as quick and simple as clicking a mouse.
The PC has also introduced us to the lawyer softwares. We have programs that can help draft simple deeds of sale, wills and quitclaims. We just type in the details at the prompt of the cursor, and we have exactly the contract that we need. No more bothering a lawyer for the ordinary contracts that non-lawyers throught were esoteric.
The PC has also evolved its own set of laws and rules ranging the expanse of intellectual property, privacy, and crime -- thus, creating a field of law in itself. Some lawyers have fashioned themselves as e-lawyers and have made the field of comptuer technology law as an expertise. With present technology, we can see that in the near future, litigation will be conducted through the internet with the aid of the PC and lawyers need not come to court. People will also negotiate big contracts, not just the consumer goods purchases, on the net through the aid of the PC. Lawyers will occupy a window on people's PC, accessed and paid only when clicked.
Indeed, the PC has brought efficiency in many aspects of the legal profession. The PC is now the lawyers best friend. It is the lawyer's means to process, source and send legal information. As the world celebrates the PC's birth, the lawyers heave a sigh. Thank God for the PC lawyering in the new millenium is easy.
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