Philippine e-Legal Forum

Petitions assailing House Resolution No. 1109 dismissed by SC

2009-06-17T19:02:17-07:00

The Supreme Court recently dismissed petitions to nullify House Resolution No. 1109, entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All the Members of Congress”. (By way of background, House Resolution No. 1109 itself states that [...]

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Ownership of Philippine Land by Foreigners

2009-06-10T18:38:20-07:00

Aliens, as a general rule, are not allowed to own real property in the Philippines. By “aliens”, we don’t mean creatures from outer space, but persons who are citizens of other countries. By “general rule”, we mean that there are certain exceptions, and two of such exceptions are discussed below. The prohibition on foreigners owning Philippine [...]

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Extrajudicial Settlement of Estate: Basic Discussion

2009-06-08T23:08:14-07:00

When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor [...]

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Judicial Recognition of a Foreign Divorce Decree

2009-06-04T22:05:16-07:00

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. We have initial discussions about this [...]

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House Resolution 1109 (re: Constitutional Amendment or Revision)

2009-06-03T19:01:07-07:00

(The House of Representatives recently issued a resolution asking that members of Congress — which, in a bicameral set-up, is composed of the Senate and the House of Representatives — convene to consider amendments or revisions of the Constitution. A stated purpose is to highlight a justiciable controversy, to allow the Supreme Court to decide, [...]

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Flag and Heraldic Code of the Philippines (R.A. 8491)

2009-05-07T18:05:09-07:00

(Not a few are asking what’s the fuss about Martin Nievera’s out-of-the-regular singing of the Philippine National Anthem during the Manny “Pacman” Pacquaio and Ricky “Hitman” Hatton boxing match in Las Vegas, USA last May 2, 2009 [May 3 in the Philippines]. Many may have heard about the allegation that Nievera’s rendition violated a law. [...]

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Obstruction of Justice (PD 1829): Basic Discussion

2009-04-16T17:11:42-07:00

What is “Obstruction of Justice”? The term is used to refer to the acts punished under Presidential Decree No. 1829 (”Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”). Full text here. What is the stated purpose of PD 1829? As stated in the law, its purpose is to discourage public indifference or apathy towards the apprehension and [...]

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Presidential Decree No. 1829: Penalizing Obstruction of Apprehension of Criminal Offenders

2009-04-16T16:16:17-07:00

(Note: Also refer to Obstruction of Justice (PD 1829): Basic Discussion. Full text below.) Presidential Decree No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS Whereas, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; Whereas, to discourage public indifference or apathy towards the apprehension and prosecution of [...]

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2008 Bar Exam Results: 1,310 New (soon-to-be) Lawyers

2009-04-03T08:47:59-07:00

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Primer on the Minimum Wage Tax Exemption

2009-03-31T03:24:19-07:00

It’s that time of the year when we are again required to pay taxes and file our income tax returns. Some, however, are exempt from paying income tax. Minimum wage earners are not required to pay income taxes. Here’s a primer of the new law. What is Republic Act No. 9504? This law, which was approved on [...]

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