Saturday, December 29, 2012

The Greatest Filipino Genius

Physician, scientist, painter, sculptor, poet, novelist, linguist, researcher, philosopher, and historian, Dr. Jose Rizal is the greatest Filipino of all times. Born at Calamba, Laguna, on June 19, 1861, he obtained, at a young age in 1877, his Bachelor of Arts Degree with highest honors. He went on to continue and brilliantly finished his medical and humanistic studies. In all his scholastic studies in Manila and in European universities he always emerged with honors; and at the age of 24, he was already a full-fledged physician, philosopher, scientist and scholar. A prolific writer, Rizal's pen went beyond the frontiers of novel-writing and invaded other intellectual pastures.
A great contributor to the literature of the Propaganda Movement, Rizal was accused by the Spanish authorities to be behind the blossoming anti-friar demonstrations in the Philippines. His two famous books, the Noli Me Tangere and El Filibusterismo, caused the ire of the the Spanish authorities and the friars. Despite the warnings of his relatives and friends for him not to return, he decided to come home. Jose Rizal knew very well that he was risking his own life. In one of his letters addressed to his countrymen, read in part: "I wish to show those who deny us patriotism that we know how to die for duty and principles. What matters death, if one dies for what one loves, for native land and beings held dear?" 
Dr. Jose Rizal was executed at dawn of December 30, 1896.

Tuesday, December 18, 2012

Partition of Estate

Partition among heirs is not legally deemed a conveyance of real property resulting in change of ownership. It is not a transfer of property from one to another, but rather, it is a confirmation or ratification of title or right of property that an heir is renouncing in favor of another heir who accepts and receives the inheritance. It is merely a designation and segregation of that part which belongs to each heir. The Deed of Extra-Judicial Partition cannot, therefore, be considered as an act of strict dominion. Hence a special power of attorney is not necessary.

Tuesday, December 11, 2012

Judicial Clemency to a reformed Judge


A dismissed judge, now 71, who was perpetually banned from public office has been been allowed by the High Court to rejoin the government.
The Supreme Court En Banc, through an eight page resolution by Justice Estela M. Perlas-Bernabe, granted judicial clemency to dismissed Judge Hermin E. Arceo formerly of the San Fernando, Pampanga Regional Trial Court, Branch 43 by lifting his disqualification from re-employment in any branch of the government, including government-owned or –controlled corporations.
Likewise, the High Court ordered its Fiscal Management and Budget Office to compute Arceo’s accrued leave credits, if any, and to release the same to him.
In 1996, the SC dismissed Arceo for gross misconduct and immorality on the complaint of Atty. Jocelyn C. Talens-Dabon, former Clerk of Court of the San Fernando, Pampanga RTC. He sought for judicial clemency in October this year.
Citing Castillo v. Calanog, Jr., the Court noted that the penalty of disqualification imposed on a judge dismissed for immorality in that case was lifted by the SC after the dismissed judge had shown sincere repentance and taking into account his contributions during his tenure in the Judiciary.
The Court, in granting judicial clemency to Arceo, held that he has sufficiently shown his remorse and reformation after his dismissal from the service. It ruled that while Arceo, at 71, had already reached retirement age and can no longer be eligible for regular employment in the public service, “it cannot be doubted that he could still be of service to the government in some other capacity” considering his achievements and mental aptitude. 
The Court found that after his dismissal, Arceo engaged in private practice and most of his cases involve poor litigants, neighbors, and close friends. He submitted to the Court a Certificate of Good Moral Character issued by the Executive Judge of the Malolos City RTC and a Certificate of Favorable Endorsement from the Integrated Bar of the Philippines Bulacan Chapter President attesting to his reformation and recognizing his valuable contributions to the Bar and the Bench. For these services, he was bestowed the award Gawad Bunying Abogadong Bulakenyo last year.
The Court also found that Arceo was granted probation after his conviction by the Sandiganbayan in 2004 for violation of the Anti-Sexual Harassment Lawand Article 336 of the Revised Penal Code and finally discharged after having complied with all the conditions thereof. Thus, all his civil rights which he had lost as a result of his conviction, including the right to be employed in the public service, were restored, ruled the Court.
As for the accrued leave credits, the Court noted that sec. 11, paragraph 1 of Rule 140 of the Rules of Court explicitly exempts accrued leave credits from the penalty of forfeiture of benefits. (AM No. RTJ-96-1336, Talens-Dabon v. Judge Arceo, November 20, 2012)

Supreme Court News


SC News
The Chief Justice presided over SC en banc session. Upon her instructions, the agenda included the decentralization of the Court’s administrative functions with respect to the lower courts, in order to include all inputs. The members of the Court are of one mind on the merits of decentralization, and have agreed on measures to ensure its effective and deliberate implementation, including the creation of a committee headed by Associate Justice Jose Portugal Perez to conduct a needs assessment of decentralization.  Justice Perez was formerly a Court Administrator before he joined the High Tribunal.

Likewise, for the first time in recent history, the Chief Justice and Associate Justices of the Supreme Court of the Philippines will engage in a peer-to-peer exchange with their counterparts in the United States of America.
On 14 December 2012, Chief Justice Maria Lourdes P.A. Sereno, and Associate Justices Presbitero J. Velasco, Jr., Mariano C. del Castillo, and Estela M. Perlas-Bernabe will meet with Chief Justice John G. Roberts, Jr. and the Associate Justices of the United States Supreme Court in Washington, D.C., to discuss, among others, maintaining judicial stability in a rapidly changing environment.
Chief Justice Sereno has likewise been invited by the World Bank, headquartered in the U.S. capital, to deliver the keynote address on Access to Justice and Social Inclusion, in celebration of the Law, Justice and Development Week 2012.  She will be speaking on “The Cost of Injustice.”
Other activities scheduled during the four-day official visit include a meeting with United States Attorney General Eric H. Holder, knowledge sharing with the Federal Judicial Center and the Administrative Office of the U.S. Courts, and a forum on Philippine Judicial Reform sponsored by the U.S.-Philippines Society.

Wednesday, December 5, 2012

Computation & payment of just compensation


Completion of agrarian reform process over the lands acquired 
under P.D. No. 27 should, for compensation purposes now be completed 
under the RA6657, as amended, with P.D. No. 27 and E.O. 228 having suppletory effect.
Seizure of landholdings or properties covered by P.D. No. 27 did not 
take place on 21 October 1972, but upon the payment of just compensation.