Saturday, March 31, 2012

a food for thought this lenten season...

"Rivers do not drink water they carry; Trees do not eat the fruit they bear; Clouds do not bath in the rain they produce; We are meant to give, even if we get nothing from it. Measuring life by what others do may disappoint us; but, measuring life by what we do will make life meaningful." 

Friday, March 30, 2012

EARTH HOUR 2012

Let us support EARTH HOUR 2012 by putting-off our electric lights/electric power at 8:30 till 9:30 tonight  March 31, 2012 to show our concern about global warming... AN HOUR OF DARKNESS IS SURELY A GREAT RELIEF TO MOTHER EARTH..

Wednesday, March 7, 2012

Judicial Conduct

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.
Judges do not, and are not allowed, to issue legal opinions. Their opinions are always in the context of judicial decisions and always in the context of contested proceedings.
Lawyers are oath-bound servants of society whose conduct is clearly circumscribed by inflexible norms of law and ethics, and whose primary duty is the advancement of the quest for truth and justice, for which they have sworn to be fearless crusaders.

Quantum Meruit

A lawyer is entitled to compensation as an agent of his client even if no evidence of an agreement that the client will pay his counsel a specific amount or percentage of amount for the legal services rendered. The principle of quantum meruit applies if lawyers are employed without a price agreed upon for their services, in which case they would be entitled to receive what they merit for their services, or as much as they have earned.

Right to be presumed innocent

The presumption of innocence stands as the fundamental principle of both constitutional and criminal law. The prosecution has the burden of proving every single fact establishing guilt. Every vestige of doubt having a rational basis must be removed. Thus, the prosecution must prove its case beyond any hint of uncertainty. The defense need not even speak at all. The presumption of innocence is more than sufficient.

Tuesday, March 6, 2012

Rigging a Public Bidding is Grave Misconduct

Grave Misconduct consists in the government official's deliberate violation of the rule of law or standard of behavior. It is regarded as grave when the elements of corruption, clear intent to violate the law, or flagrant disregard of established rules are present. In particular, corruption as an element of grave misconduct consists in the official's unlawful and wrongful use of his/her station or character to procure some benefit for himself/herself or for another person, contrary to duty and the rights of others. Rigging by a public official at a bidding in the organization where he/she belongs, even if he/she is not a member of the bids committee, is a specie of corruption (National Power Corporation v. Civil Service Commission and Rodrigo A. Tanfelix, G.R. No. 152093. January 24, 2012).

Right to appeal is merely a privilege

Failure to perfect an appeal within the reglementary period of 15 days from receipt of the adverse decision results in the loss of the right to appeal. Judgments or orders become final and executory by operation of law and not by judicial declaration. Thus, finality of judgment becomes an established fact upon the lapse of the reglementary period of appeal, if no appeal is perfected or motion for reconsideration or new trial is filed. This jurisprudential rule must be read together with the Uniform Rules on Administrative Cases in the Civil Service. Settled is the rule that the right to appeal is not a natural right or part of due process, but is merely a statutory privilege that may be exercised only in the manner prescribed by law. Failure to perfect an appeal within the prescribed period is not a mere technicality but jurisdictional, and failure to perfect an appeal renders the judgment final and executory. The right is unavoidably forfeited by the litigant who does not comply with the manner prescribed by the rules. Counsel's actions and mistakes on procedural matters bind the client.