Monday, March 28, 2011

Issue raised first time on appeal

While it is true that an issue which was neither alleged in the complaint nor raised during the trial cannot be raised for the first time on appeal as it would be offensive to the basic rules of fair play, justice, and due process, the same is not without exception. The Court of Appeals, under Section 3, Rule 43 of the Rules of Civil Procedure can in the interest of justice, entertain and resolve factual issues. After all, technical and procedural rules are intended to help secure, and not suppress, substantial justice. A deviation from a rigid enforcement of the rules may be allowed to attain the prime objective of dispensing justice, for dispensation of justice is the core reason for the existence of courts (Milestone Farms Inc., v. Office of the President, G.R. No. 182332. February 23, 2011).

Sunday, March 20, 2011

Lights Out

EARTH HOUR 2011
For the past two years, the Philippines recorded the most number of participating towns and cities in turning off their lights for one hour - a message on taking action against global warming.
This year Earth Hour will be observed on Saturday (March 26) from 8:30 to 9:30 in the evening. Let us again do an hour-long sacrifice by switching off power in our homes, offices, schools and other establishments to make a stand against climate change.
An hour of darkness will certainly be a great relief for mother earth.
"The greater darkness we produce on Earth Hour, the brighter our tomorrow will be."

Thursday, March 17, 2011

To the New Lawyers

CONGRATULATIONS to the 982 new lawyers! Welcome to the legal profession.. Always be guided by your Oath. Keep in mind that admission to the practice of law is a component of the administration of justice and is a matter of public interest because it involves public service.. God Bless and walk with courage upon this path you have chosen.

Wednesday, March 16, 2011

SC amends rule on summoning foreign firms to court

Section 12, Rule 14 of the Rules of Court used to state that if a foreign private entity is involved as defendant in a legal suit, it can be summoned to court through its resident agent designated by law for that purpose, or if no such agent through the government official designated by law to that effect, or on any of its officers or agents within the Philippines.
In an en banc session, the Supreme Court now allow the following ways to summon to court foreign private juridical entities not registered in the Philippines or have no resident agent, (1) serving the summons personally through the appropriate court in the foreign country with the assistance of the Department of Foreign Affairs; (2) publishing the summons once in a general circulation newspaper in the country where the defendant may be found; (3) by fax or any recognized electronic means that could generate proof of service.
The new rule paves the way for the filing of a suit against a foreign private corporation even without a resident agent in the Philippines. Under the old rules, summons could only be served on the resident agent , if any, and in the absence of one, through the Securities and Exchange Commission or Department of Trade and Industry.

Personality of LBP vis-a-vis SAC

Can the Land Bank of the Philippines (LBP) file a petition with the Regional Trial Court, sitting as a Special Agrarian Court (SAC), questioning the findings of the DAR Regional/Provincial Adjudicator on the determination of just compensation of lands covered under Agrarian Reform?
Davao Fruits Corporation (DFC) contends that in filing the determination of just compensation, LBP acted as the expropriator and dispenser of police power which are the sovereign powers of the State. DFC argues that LBP has no authority to file said action as it would invalidate the findings of the Adjudicators who are tasked to determine the initial valuation of lands placed under land reform.
The Land Bank of the Philippines is an agency created primarily to provide financial support in all phases of agrarian reform. Once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indespensible role of LBP begins. Land Bank is not merely a nominal party in the determination of just compensation, as such LBP possessed the legal personality to institute a petition for the determination of just compensation in the SAC (Davao Fruits Corporation v. LBP, G.R. No. 181566. March 9, 2011).

Sunday, March 13, 2011

Optional Retirement, consent of employee essential

Voluntary acceptance by the employees of an early retirement age option is needed to make such optional retirement valid. Thus, an employee whose employment is terminated, on the basis of a provision in a retirement plan that was not freely assented to by said employee, is deemed to have been illegally dismissed. The Court held that" a retirement plan giving the employer the option to retire its employees below the ages provided by law must be assented to and accepted by the latter, otherwise, its adhesive imposition will amount to a deprivation of property without due process of law."