Wednesday, October 7, 2015

Mandatory Continuing Legal Education (MCLE)

Bar Matter No. 850 requires members of the Integrated Bar of the Philippines to undergo continuing legal education to ensure that throughout their career they keep abreast of law and jurisprudence, maintain the ethics of the profession and enhance the standard of the practice of law.
Failure to comply with the MCLE requirements jeopardized the causes of clients because the pleadings filed could be stricken off from the records and considered invalid.
A lawyer's failure to comply with the MCLE requirements and disregard of the directives of the MCLE Office warrant his declaration as a delinquent member of the Integrated Bar of the Philippines.

Wednesday, September 23, 2015

Right to Bail

Bail is not granted to prevent the accused from committing additional crimes. The purpose of bail is to guarantee the appearance of the accused at the trial, or whenever so required by the trial court. Bail may be granted as a matter of right or of discretion. Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed independently of the merits of the charge, provided the continued incarceration of the accused is clearly shown to be injurious to his health or to endanger his life. Denying bail despite imperiling the health and life of the accused would not serve the true objective of preventive incarceration during the trial.

Sunday, September 20, 2015

Right to Appeal

The right to appeal is neither a natural right nor a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provision of law. An appealing party must strictly comply with the requisites laid down in the Rules of Court. Deviation from the Rules cannot be tolerated. The requirements for perfecting an appeal must be strictly followed as they are considered indispensable interdiction against needless delays. It is not only mandatory but jurisdictional as well, hence failure to appeal renders the judgment final and executory. Just as the losing party has the privilege to file an appeaal within the prescribed period, so also does the prevailing party have the correlative right to enjoy the finality of a decision in his favor.

Saturday, August 29, 2015

disbarment

A lawyer must be disbarred for committing a crime which does not only show his disregard of his oath as a government official but is likewise of such a nature to negatively affect his qualification as a lawyer.
The purpose of a proceeding for disbarment is to protect the administration of justice by requiring that those who exercise this important function be competent, honorable and reliable - lawyers in whom courts and the public at large may repose confidence. Thus, whenever a clear case of degenerate and vile behaviour disturbs that vital yet fragile confidence, the Court shall not hesitate to rid the profession of odious members (A.C. No. 10207, July 21, 2015).

Monday, August 24, 2015

determination of just compensation of CARP covered land

The Regional Trial Court (RTC), acting as Special Agrarian Court (SAC), has jurisdiction to determine just compensation of CARP covered landholdings at the very first instance, and the petitioner need not pass through the DARAB for initial valuation. The determination of just compensation is essentially a judicial function, which is vested in the RTC acting as SAC. The SAC is not an appellate reviewer of the DAR decision in administrative cases involving compensation. The SAC has jurisdiction over the complaint for determination of just compensation, despite the absence of summary administrative proceedings before the DAR Adjudication Board-DARAB (G.R. No. 163361, March 12, 2014)

Sunday, August 23, 2015

Res Judicata

Two (2) concepts of res judicata: Bar by prior judgment & Conclusiveness of judgment. For res judicata to apply: 1) the judgment sought to bar the new action must be final, 2) the decision must be rendered by a court having jurisdiction over the subject matter & the parties, 3) the disposition of the case must be a judgment on the merits, 4) there must be as between the first and second action, identity of parties, subject matter and causes of action.
Should identity of parties, subject matter and causes of action be shown in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If as between the two cases, ONLY IDENTITY OF PARTIES can be shown, but not causes of action, then res judicata as "conclusiveness of judgment applies (G.R. No. 209535, June 15, 2015).

Monday, July 20, 2015

Bar Matter No. 850

Supreme Court, En Banc Resolution.

Re: Rules on Mandatory Continuing Legal Education for Active Members of the Integrated Bar of the Philippines.

The COURT RESOLVED to REQUIRE all members of the Integrated Bar of the Philippines to file a written entry of appearance indicating their MCLE exemption or compliance number for the current or immediately preceding compliance period and date of issuance thereof before appearing as counsel or engaging in oral argument in open court or before a Quasi-Judicial body. However, counsels who affixed their signatures in their pleadings and indicated their MCLE exemption or compliance number in their pleadings need not file a separate entry of appearance. Henceforth, all counsels, including partners of law firms whose names appear in the said pleadings, shall also indicate their MCLE exemption or compliance number.

Notices of Coverage & Acquisition after the 10 year of CARP

Republic Act 8532 extended the term of the implementation of the Comprehensive Agrarian Reform Program (CARP) under the Comprehensive Agrarian Reform Law (CARL). Consequently, Notice of Coverage (NOC) and Notice of Acquisition (NOA) issued by the DAR after 15 June 1998 or beyond the 10-year of implementation provided for in Section 5 of RA6657, are valid.
(DAR, etc. vs Woodland Agro-Development, Inc., G.R. No. 188174, June 29, 2015)

Wednesday, April 22, 2015

Void Judgment

A void judgment, for want of jurisdiction is no judgment at all. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect. Hence, it can never become final and any writ of execution based on it is void. It may be said to be "a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever and whenever it exhibits its head."

Thursday, February 5, 2015

Sheriffs, agents of the Law

Sheriffs play an important role in the administration of justice. They are tasked to execute final judgments of the courts. If not enforced, such decisions become empty victories of the prevailing parties. As agents of the law, sheriffs are called upon to discharge their duties with due care and utmost diligence because in serving the court's writs and processes and implementing its orders, they cannot afford to err without affecting the integrity of their office and the efficient administration of justice. Sheriffs ought to know that they have a sworn responsibility to serve writs of execution with utmost dispatch. When writs are placed in their hands, it is their ministerial duty to proceed with reasonable celerity and promptness to execute them in accordance with their mandate. As agents of the law, high standards are expected of sheriffs.