PROJECT JURISPRUDENCE

Read more: DICT urges lawyers, IBP staff to use digital signatures. Published June 10, 2020 3:15pm. NICOLE-ANNE C. LAGRIMAS, GMA News. www.gmanetwork.com/news/news/nation/742001/dict-urges-lawyers-ibp-staff-to-use-digital-signatures. The Department of Information and Communications Technology (DICT) has urged lawyers and key staff of the Integrated Bar of the Philippines (IBP) to use digital signatures as they practice law online. The DICT offered the IBP the Philippine National Public Key Infrastructure (PNPKI) services, which allow users to apply and install digital certificates online, the department said in a press statement on Wednesday. Using digital signatures will "ease the electronic signing of pleadings; ensure the integrity of legal documents; and protect lawyers during the conduct of general law practice online," the DICT said. GMA News Online has sought comment from the IBP. A total of 1,251 people from the public and the private sectors are using PNPKI

Here is a one-paragraph summary for each of the seven (7) landmark cases on divorce. These cases were decided prior to Republic v. Manalo (2018) . Pilapil v. Ibay-Somera[1] (Pilapil). Divorce obtained in Germany by German spouse. German spouse filed two (2) complaints charging Filipino spouse with adultery. HELD:  The divorce decree is binding on the German spouse pursuant to the nationality principle. Accordingly, the German spouse lacks standing to file the complaints as "offended spouse", having obtained the divorce decree prior to the filing of said complaints. Republic v. Iyoy[2] (Iyoy).  Divorce obtained in the United States by Filipino wife prior to her naturalization as an American citizen. Filipino husband invokes the divorce decree secured by his Filipino wife as additional ground to grant his petition for declaration of nullity. HELD:  The divorce decree cannot be recognized in the Philippines since the Filipino wife obtained the same while still a Filipino c

Inanunsiyo ng Land Transportation Office na maaari nang makapag-renew ng lisensiyang may bisa nang 10 taon simula Oktubre ng susunod na taon. Read more: LTO: Mga motoristang walang violation, puwedeng makakuha ng 10-year license. Jeffrey Hernaez, ABS-CBN News. Posted at Aug 23 2020 04:40 PM | Updated as of Aug 23 2020 06:47 PM. news.abs-cbn.com/news/08/23/20/lto-mga-motoristang-walang-violation-puwedeng-makakuha-ng-10-year-license. Pero ayon kay LTO Chief Edgar Galvante, hindi lahat ay mabibigyan dahil iyong mga may malinis na record at walang violation simula Hunyo 2019 lamang ang puwedeng makakuha ng lisensiyang valid nang isang dekada. Kung may paglabag, hanggang 5 taon lamang ang validity ng lisensiya, ani Galvante. Magsisilbing batayan ang inilatag na demerit system alinsunod sa Republic Act No. 10930 na isinabatas noong 2019. Limang demerit points ang nakukuha, halimbawa, ng mga motoristang may mga grave violation tulad ng mga sumusunod: - Paggamit ng sasakyan sa krimen

Both Dacasin v. Dacasin  (625 Phil. 494, 2010)  and Van Dorn  (223 Phil. 357, 1985)  already recognized a  foreign divorce decree that was initiated and obtained by the Filipino spouse and extended its legal effects on the issues of child custody and property relation , respectively. In Dacasin, post-divorce, the former spouses executed an Agreement for the joint custody of their minor daughter. Later on, the husband, who is a US citizen, sued his Filipino wife to enforce the Agreement, alleging that it was only the latter who exercised sole custody of their child. The trial court dismissed the action for lack of jurisdiction, on the ground, among others, that the divorce decree is binding following the "nationality rule" prevailing in this jurisdiction. The husband moved to reconsider, arguing that the divorce decree obtained by his former wife is void, but it was denied. In ruling that the trial court has jurisdiction to entertain the suit but not to enforce the Agreement

Divorce, the legal dissolution of a lawful union for a cause arising after marriage, are of two types: (1) absolute divorce or a vinculo matrimonii, which terminates the marriage, and (2) limited divorce or a mensa et thoro, which suspends it and leaves the bond in full force.[1] In this jurisdiction, the following rules exist: 1. Philippine law does not provide for absolute divorce; hence, our courts cannot grant it.[2] 2. Consistent with Articles 15[3] and 17[4] of the New Civil Code, the marital bond between two Filipinos cannot be dissolved even by an absolute divorce obtained abroad.[5] 3. An absolute divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws.[6] 4. In mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a subsequent marriage in case the absolute divorce is validly obtained abroad by the alien spouse capacitating him or her to

The canonical answer: it depends. It depends upon your values, your other obligations and your tolerance for debt. Additionally, the answer depends upon the quality of the school that you choose to attend and the opportunities that that school makes available to its students. I am sure that there are more factors, but those are the ones that I find the most compelling. Read more: Is it a good idea to go to law school if you don't want to be a lawyer? Jonathan Tobin, Counsel for Creators, UCLA Law Grad. Answered June 27, 2012. www.quora.com/Is-it-a-good-idea-to-go-to-law-school-if-you-dont-want-to-be-a-lawyer. Personally, I am extremely happy with my decision to go to law school. I will be happy with that decision whether or not I ever practice law because I feel like I have learned in minute and excruciating detail about the rules which structure society. This has created a depth and richness of experience that I could gain in no other way and every day is more interesting because

This question made me smile. This was my Dad's final argument to me. He said, you don't have to be a lawyer, just take up law. Read more: What are the best things to do with a law degree besides "be a lawyer"? Adelaimar C. Arias-Jose, LLB Law, University of the Philippines Diliman (1994). Updated January 2, 2018. www.quora.com/What-are-the-best-things-to-do-with-a-law-degree-besides-be-a-lawyer. On my senior year in my undergraduate course, my Dad began his project: convincing me to go to law school and become a lawyer like him. Of course, when you're a college senior, you've had quite a bit of practice making up your own mind and you don't take kindly to unsolicited advice on what you should do for the rest of your life. I would have told him off, but I am Filipino and respect toward parents is a big part of my culture. He said to me: you should take up law — You're argumentative and you're pushy; you should take up law because you're al

I went to law school after being denied tenure in an English department in my early forties. Law school was intellectually stimulating and life-changing, but I came out of it as a queer female-born person in my mid-forties with a B average and a law degree from a state school. To make things worse, I graduated and passed the bar just after the crash of 2008. The best job I could get was one clerking in child protection court. By clerking, I mean I carried files back and forth and kept the judge’s date book. At the end of every hearing I would leaf through the book and call out a date for the next hearing. In the afternoons, after court, the clerks all read novels in our offices and waited to punch out at 4:30. I read all of the Game of Thrones novels at work. Read more: What is it like to get a law degree and not become a lawyer? Jaime Hovey, Instructor Writing at Loyola University Chicago (2012-present). Answered September 22, 2018. https://www.quora.com/What-is-it-like-to-get-a-law-d

I will be honest with you, I hated the idea of law school. It was like a guillotine to me, waiting to chop me in half. But my parents insisted that I had to attend law school. Mainly because they wanted the power associated with barristers (lawyers in the UK who can present a case in court). And to appease them, I packed my bag and headed to the boring law school. Read more: Is law school intrinsically worth it? Even if you don't become a lawyer, is it worth it to go through the process of law school? Hoor Ibrahim, L.L.B Law, University of Law (2020). Answered July 31, 2019. www.quora.com/Is-law-school-intrinsically-worth-it-Even-if-you-dont-become-a-lawyer-is-it-worth-it-to-go-through-the-process-of-law-school. Turns out, law school is nothing close to boring. Sure I yawned endlessly during my European Union Law lectures, but I found it interesting nonetheless. It is incredible to be familiar with one of the arms of the state. To know what you can and cannot do. And of course, h

Oposa v. Factoran (296 Phil. 694, G.R. No. 101083, July 30, 1993) is a case filed by minors against the Secretary of the Department of Environment and Natural Resources (DENR), Secretary Factoran, to mandate the latter to cancel all existing timber license agreements and to stop their further issuance. The first question is whether or not these minors have legal standing to sue by representing their generation and the generation yet unborn. The Supreme Court (SC) said yes because this is based on the concept of intergenerational responsibility in environmental law. A subset of the first question is whether or not there is a valid class suit. Again, the SC said yes because the petitioners are so numerous that it is impracticable to join all parties in the case. Also, the petitioners have a common and general interest not just to several, but to all citizens of the Philippines. Finally, the number of parties present is representative enough to ensure the full protection of all concer

Ano ba ang epekto ng pagpirma sa waiver? Mainit na pinag-uusapan ngayon ang waiver na pinapipirma kay Mayor Rodrigo Duterte. Nararapat nga ba ang pag-obliga o labag ito sa batas? Alamin mula kay TV5 resident legal analyst Atty. Mel Sta. Maria.

I’d argue that prospective law students who are clear about their purpose are the most suited for law school. This may not be exactly what you expected to hear. Yet it’s often the case that incoming law students decide to go to law school since they “don’t know what else to do.” This can be a dangerous starting point. These students may struggle to maintain their motivation throughout school and may fall into a line of work (Big Law, for example) that they may not ultimately enjoy. This could lead to feelings of general dissatisfaction and frustration as they may have to service six figure debt. Read more: Who should go to law school? Adam Pascarella, Former Big Law Litigator; Founder of Deciding on Law School. Answered March 16, 2017. https://www.quora.com/Who-should-go-to-law-school. I often recommend that prospective law students work in the legal field before applying to law school, so that they can understand attorneys’ day-to-day responsibilities. These individuals may find att

Intelligent, tenacious, adaptable people with a plan, and the interest should go to law school. Read more: Emily Cheah, Advocate & Solicitor. Answered April 4, 2017. Who should go to law school? www.quora.com/Who-should-go-to-law-school. But mind the finances. Can you get a job after that (assuming this isn’t a merely academic question, for people who, for example, wish to go to law school post-retirement) you qualify? Times are hard. Have you thought it through? That is what the plan is for. Anyone with the grade requisites may go to law school, but not everyone should go to law school. Also remember that not all law schools are created equally. What kind of law do you want to do? Some law schools feed into big money. Others - its more rare. If finances are an issue, make sure you know whether your law school’s fees justify you potential earning expectations in the future. Dollars and cents need to add up, otherwise, for the pain, you’re better off from a rational standpoi

Under Article 9 of the New Civil Code of the Philippines, "No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws." On the other hand, Article 10 says: "In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail." The above provisions speak of the duty of courts. Simply because the laws are silent, obscure or insufficient does not mean that courts can dismiss the case and refuse to issue a decision. Courts must, if the complaint or petition is sufficient in form and substance, give it due course and arrive at a conclusion even though there is no applicable law and even though the law is not clear. This is because this is precisely the job of courts -- to interpret the law and render a decision. If courts have to depend on clear laws and decide only when they are sufficient, the cogs of justice will not grind smoothly. Exp

Under Article 8 of the New Civil Code, "Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines." The above provision addresses the age-old issue as to whether the President is mandated by the Constitution to follow the decisions of the Supreme Court or of the lower courts. After the decision of the Supreme Court of the United States in Dred Scott v. Standford which held, among others, that freeing slaves would be deprivation of the property of slaveowners without due process of law, then President Abraham Lincoln interposed a strong opposition emphasizing on his being a "co-equal branch of the government" and that there are three elements of a judicial decision to be mandatory for the President to follow: The decision must be constitutional; The holding must have been repeated in other cases so it can be considered a doctrine; and The principle laid down must be consistent with other br

Under Article 7 of the New Civil Code of the Philippines, "Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary." This is the first paragraph of Article 7. The second paragraph says: "When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern." The third paragraph says: "Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution." Therefore, Article 7 has four parts: (1) repeal of laws; (2) disuse of laws; (3) void laws; and (4) invalid regulations. The first clause prevents irrepealable laws and upholds the force and effect of laws regardless of disuse, custom or practice to the contrary. Simply, Congress cannot enact a law that future Congresses are not allowed to repeal or amend. For example, if the law says

There are now four bills in the House of Representatives seeking for the abolition of the highly-criticized Continuing Professional Development (CPD) Law or Republic Act No. 10912. Read more: 4 House bills, 5 Senate bills seek repeal, amendment of CPD law By: Pathricia Ann V. Roxas - Reporter / @PathRoxasINQINQUIRER.net / 10:53 AM November 23, 2018 Read more: https://newsinfo.inquirer.net/1056451/4-house-bills-5-senate-bills-seek-repeal-amendment-of-cpd-law#ixzz6VcLNwBXx Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook. https://newsinfo.inquirer.net/1056451/4-house-bills-5-senate-bills-seek-repeal-amendment-of-cpd-law. This, after Bagong Henerasyon Rep. Bernadette Herrera-Dy filed on Monday House Bill No. 8589 seeking to repeal the CPD law which was enacted on July 2016. In a statement on Friday, the House Assistant Majority Leader said with the four House bills and three resolutions and the five Senate bills also about the CPD law, “there is now enough mome

Section 1, Article XVII of the Philippine Constitution provides two ways to amend the Constitution: By: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.” This provision does not specify whether Congress is to vote jointly or separately. At the celebration by Philconsa of the Constitution Day on Feb. 12, Solicitor General Jose Calida spoke on the nuances and ramifications of this provision, and whether voting should be jointly with the Senate as a single body, or separately, with the Senate voting by itself. The SolGen came to Philconsa with considerable gravitas. He has never lost a Supreme Court case, he told his jampacked audience. He sent Senator Leila de Lima to jail. He got SC approval to extend martial law until the end of 2018. He got 100 in Criminal Law, 90 in two other subjects. He would have landed in the Top Ten but he was very sick during the bar exams. The Senate insists on separate voting. The House o

The Supreme Court reminded law enforcers to never sacrifice the Bill of Rights “on the altar of convenience” in acquitting a drug suspect, in a decision it released recently and in a stern rebuke of the government's war against drugs. Read more: SC backs human rights in drug rap posted August 19, 2020 at 01:20 am by Rey E. Requejo and Jimbo Gulle. https://manilastandard.net/index.php/mobile/article/331808. This developed as President Rodrigo Duterte said Monday night he would do what he wanted for the country despite what critics said of his war against drugs, warning that illegal drugs “destroy the spirit of the nation.” "The State's steadfastness in eliminating the drug menace must be equally matched by its determination to uphold and defend the Constitution,” the Court said through Associate Justice Alfredo Benjamin Caguioa, in a decision dated June 16 but only made public recently. "The Court will not sit idly by and allow the Constitution to be added to the