Tuesday, December 25, 2012
It's Christmas Day All Over!
Monday, December 17, 2012
A Practical Supreme Court
Among the "first best changes" that our Supreme Court has made is to cut paper use in judicial proceedings. It has been reported that such move was in response to the call to protect the environment and to address the threats of climate change.
The new rule calls for the efficient use of paper and will become effectively by January 1, 2013.
This is truly a long overdue measure. It will definitely reduce the cost of litigation particularly on the part of the indigents and those already burdened by the mere necessity of initiating or defending a case in court.
Some of the substantial changes may be summarized as follows:Court pleadings and documents are to written single space instead of the current doubled space; Bond paper is prescribed instead of the current practice where lawyers are given a choice of even using a 100gsm copy paper; Margins are now required to follow the 1.5 x 1.2 x 1 x 1 dimension; Number of copies to be filed have been reduced; and such other practical changes which should have been made or required but it is only now that there were addressed.
These changes were sought and discussed among practitioners long before they were instituted.
However, the long list of "musts"does not end here. There are other concerns that must be done, such as but not limited to:
a) A lawyer signing a pleading or document to be filed in court is required to indicate his or her Roll of Attorneys number, IBP number, PTR number, MCLE number, Telephone number, and Address. Failing to indicate these vital data would be fatal since the document may be considered as a mere scrap of paper Joe deemed not filed.
Suggestion: 1) make lawyers submit these information to their respective IBP chapters every year and thereafter forwarded to the Supreme Court's database or law list. The standing of a lawyer may be inquired into online, or by phone. No data is given for security reasons; and 2) The only information that should appear in the pleadings and even in his or her calling card would be the Roll number.
b) The lawyer's signature is required to be affixed in the pleading three times. Yes, three times in a single document. First, and obviously in the main pleading; second, in the notice of hearing if the pleading is a motion; and third, in the explanation why the pleading will not be served personally to the other party or his counsel.
Suggestion: Require only one signature. Remove the "explanation" portion since it is practical useless. Court on its own can order an explanation if it wants to depending on the circumstances. As for the notice of hearing, let a motion be placed on the calendar automatically if received by the court three days before a motion day designated by it, and provided it is also in receipt of the proof of service to the adverse party. In this way, movant should make sure that his or her motion is properly received and set for hearing. This will save time and resources of all parties including the court's.
c) Requiring medical certificates to be notarized. When a litigant or a lawyer fails to appear, a medical certificate is sometimes required. Worst, it must be duly notarized. This is not again practical and perhaps it could even open avenues for parties to falsify the document by making it appear that the doctor has appeared before a notary public when he has not actually done so.
Suggestion: Do not require notarization. Let the certificate signed by a professional be given due credence. If necessary, subpoena the doctor. That way parties making up a reason for failing to attend a hearing or submitting a certificate must think twice before doing so.
There are other concerns, but let the discussion be on these items for now.
So, what do you think?
Saturday, December 8, 2012
FAITH IN THE DIVINE PROVIDENCE
In Quezon's Code of Citizenship and Ethics, the significance of Faith was placed first and obviously emphasized as follows:
"Have Faith in the Divine Providence that guides the destinies of men and nations."
President Quezon has placed so much trust in God that he further declared his unconditional faith when he said that -
"I seek God's help in meeting the grave responsibility that has been placed on my shoulders." (Source : Literary Digest, 28 September 1935 quoting President Quezon after winning the elections to become the President of the Philippine Commonwealth).
It is obvious that President Quezon does out rely on himself alone. He knows that human efforts are not enough to accomplish what he may have set out to do.
It has always been said that "if God is with us, who can be against us" and indeed "with God nothing is impossible."
The rest is history. President Quezon did not only lead us through the most challenging period in our nation's history but he has likewise laid down the principles that guided us in our struggle for self-determination and eventual independence.
Thursday, November 29, 2012
STRONGER @25 !
SBC LAW '87 ROARIN' LOUDER !
by
Atty. Carlos Mayorico E. Caliwara, Dip.I.R,
The history of mankind has always been a battle between good and evil. It is a desperate and actually a hopeless struggle for world domination on the part of evil - that seeks to trample down on the good. But the battleground known as earth has seen how the good has constantly brought home the laurels of victory. The forces of good and truth have continuously been built up, reinforced and maintained. Joining in these efforts is no less than the San Beda College of Law, our Alma Mater, divinely tasked to train sentinels of truth and justice who would insure that the good will always prevail. These noble mission and sacred traditions are carried on by Bedans through the years until kingdom come.
Bedans, as aptly described in our hymn, are perpetually committed to prayer, work and peace. We are expected to have a strong faith in God and an untiring love of the truth. During our college of law days, we were trained and molded to be strong and to constantly bring honor and fame amidst trials and hardships.
The courageous members of SBC Law Batch '87 knew what they are faced with, and that is, even from the moment each had embarked on separate journeys through life. It was tough and the world has turned out to be a jungle. The significance of the law profession became even more prominent, imperative and recognized. As lawyers and as Bedans, society looks upon us and expects us to lead and make a difference in this world. We are neither viewers nor spectators, we are the prime movers and leaders.
So, as we come home from a long journey, are we bringing home the laurels? Of truth and justice? The honor of having led a moral life and an honest professional practice of law?
This is the essence of homecoming – "sharing how life has been blessed by the Lord and what we did so far for the good of humanity".
Indeed, there will be fellowships, a reunion, networking, and even an opportunity for bragging rights. These are the incidentals. At the end of the day, after the homecoming, everyone may have to ask, "did it make me or will it enable me to become a better person, a roarin 'Bedan questing for truth and justice, and leading a moral life?"
The SBC Law Batch '87 offers its continuous commitment to the Bedan ideals and principles. Faced with bigger responsibilities and more daring challenges, we shall carry on and answer the clarion call, for San Beda, our country and God !
The Next 15 Years
The true challenge ahead is what we would be confronted with, now and through the next 15 years of our respective lives.
As we celebrate our 25th year since we graduated from the San Beda College of Law, we thank God, we thank our spouses and family, we thank our Alma Mater, our professors and the entire Bedan family, and we thank
all others who have become parts of our lives.
We are fully aware that this will be our turning point where we shall embark on a personal mission - for our family, community and God.
Such mission, discerned through prayers, may be far greater and more challenging than before. The difference this time is that there can be no excuses, no ifs and buts, and no reason to fail.
Our labor is our prayer. The end would be our defining point. What we would accomplish shall be our legacy.
More than ever, let us clasp the hands that serve, keep our hearts imbued with charity, enrich our minds that care, and share the blessings that constantly pour upon us.
On our 15th year, from today, it will be our 40th year. Let us continuously pray for guidance, protection and longer life - as we bid "God Bless" and further say "till we meet again".
Thursday, November 8, 2012
Political Dynasties
In the Philippines, the 1987 Constitution has guaranteed equal opportunities for public service and thus, it has prescribed a prohibition on political dynasties from running in elections (see Section 26, Article II). However, it has mandated the legislature to define what a political dynasty is.
One may wonder as to the intention of the framers on how political dynasty must be defined. If it were their desire to ban political dynasties, why did they not define the term itself? Were they not aware that the time will come and true enough it did, when Congress will somewhat be a family affair where members of the same family will alternate in serving the people?
Generally, the perception of what a political dynasty is, would simply be a situation where family members or relatives are running for and serving in elective positions. This should differentiated from nepotism where family members are appointed to government positions or offices.
At this time, let it be made clear that there is no enabling law which defines and actually prescribes any penalty against political dynasty. Consequently, there is no political dynasty to talk about as of the moment. Legally, it is not existing and therefore, any person, whether belonging to a political clan or family of politicians, may exercise the right to run for any public office. It is the people who will decide whether they would want such member of the family or clan to elected or otherwise.
It's people's choice actually.
Thursday, November 1, 2012
Observance of All Saints Day
Today, November 1, is All Saints Day and tomorrow is All Souls Day. But today, we already remember the dead. Our loved ones who have gone ahead of us.
How do we remember them?
By praying. Going to Mass. Visiting cemeteries. Gathering as a family. Writing something in one's personal journal. Or merely blogging.
The highest form of remembering is of course through the celebration of the Holy Mass. We remember them by praying and lifting them up to God.
As we observe this solemn day praying for the faithful departed, let us remember how they became instruments of God's will and let us asked for the grace to emulate them.
Sunday, October 7, 2012
CANDIDATES FOR SENATOR
As Of October 05, 2012
LAST NAME | FIRST NAME | MIDDLE NAME | POLITICAL PARTY | DATE & TIME FILED | |
---|---|---|---|---|---|
1 | PIMENTEL | AQUILINO MARTIN III | DE LA LLANA | PDP LABAN | October 1, 2012 8:08AM |
2 | ESCOSURA | ANICIO | BALDO | INDEPENDENT | October 1, 2012 8:11AM |
3 | MAGTIRA | DANIEL | RONQUILLO | INDEPENDENT | October 1, 2012 8:29AM |
4 | BERNARDINO | AERIC | PANGANIBAN | INDEPENDENT | October 1, 2012 8:30AM |
5 | CHAVEZ | MELCHOR | GONGORA | KBL | October 1, 2012 8:49AM |
6 | LACANLUISONG TAGEAN | SALAM ED SR. | ELEGOYO | INDEPENDENT | October 1, 2012 10:43AM |
7 | CAILING | PATROCINIO | ADELLANES | INDEPENDENT | October 1, 2012 11:28AM |
8 | DONATO | JUANITO | ESLAO | INDEPENDENT | October 1, 2012 11:55AM |
9 | LOZANO | OLIVER | UCOL | KBL | October 1, 2012 12:14PM |
10 | ENRILE | JUAN PONCE JR. | CASTAÑER | NPC | October 1, 2012 1:01PM |
11 | HONASAN | GREGORIO | BALLESTEROS | UNA | October 1, 2012 1:06PM |
12 | ZUBIRI | JUAN MIGUEL | FERNANDEZ | UNA | October 1, 2012 1:08PM |
13 | EJERCITO | JOSEPH VICTOR | GOMEZ | UNA | October 1, 2012 1:10PM |
14 | MACEDA | ERNESTO | MADARANG | UNA | October 1, 2012 1:11PM |
15 | GORDON | RICHARD | JUICO | UNA | October 1, 2012 1:13PM |
16 | MAGSAYSAY | MARIA MILAGROS ESPERANZA | HABANA | UNA | October 1, 2012 1:13PM |
17 | COJUANGCO | MARGARITA | DELOS REYES | UNA | October 1, 2012 1:16PM |
18 | LAGATA | MERLITO | OCAMPO | INDEPENDENT | October 1, 2012 2:03PM |
19 | LEGARDA | LOREN LORNA REGINA | BAUTISTA | NPC | October 1, 2012 3:50PM |
20 | AJEL | REMELYN | TAGAPAN | INDEPENDENT | October 1, 2012 4:06PM |
21 | ESCUDERO | FRANCIS JOSEPH | GUEVARA | INDEPENDENT | October 2, 2012 9:30AM |
22 | NOCON | VALERIANO III | PERALTA | INDEPENDENT | October 2, 2012 10:34AM |
23 | VILLAR | CYNTHIA | AGUILAR | NATIONALISTA PARTY | October 2, 2012 11:06AM |
24 | DAZO | CATALINO | ARAULLO | INDEPENDENT | October 2, 2012 1:13PM |
25 | FERNANDEZ | EDUARDO SYAMA-SUNDAR-DAS | PELONIA | INDEPENDENT | October 2, 2012 1:43PM |
26 | LLAMANZARES | MARY GRACE | POE | INDEPENDENT | October 2, 2012 1:56PM |
27 | SY | JOHNNY CRIS | HUI | INDEPENDENT | October 2, 2012 4:38PM |
28 | PENSON | RICARDO | LAGDAMEO | INDEPENDENT | October 3, 2012 8:21AM |
29 | CASIÑO | TEODORO | ACEVEDO | MAKABAYANG KOALISYON NG MAMAMAYAN | October 3, 2012 9:08AM |
30 | TRILLANES | ANTONIO IV | FUENTES | NACIONALISTA PARTY | October 3, 2012 10:44AM |
31 | ANGARA | JUAN EDGARDO | MANALANG | LDP-LABAN | October 3, 2012 11:32AM |
32 | ROJAS | ERICSON ELI FELIX | BORJA | INDEPENDENT | October 3, 2012 11:54AM |
33 | SANTOSIDAD | REBECCA | CAPULONG | INDEPENDENT | October 3, 2012 2:05PM |
34 | LAWAG | VICTOR | SANTOS | INDEPENDENT | October 3, 2012 2:21PM |
35 | MONTAÑO | RAMON | ENRIQUEZ | INDEPENDENT | October 3, 2012 2:25PM |
36 | HAGEDORN | EDWARD | SOLON | INDEPENDENT | October 3, 2012 3:49PM |
37 | SUERTE | ORLANDO | GARRATA | INDEPENDENT | October 3, 2012 4:54PM |
38 | GALANG | VIRGILIO | JOAQUIN | KBL | October 4, 2012 9:25AM |
39 | CADION | LEO | MIRANDA | KBL | October 4, 2012 9:32AM |
40 | DIMAYA | ARSENIO | TABIEROS | INDEPENDENT | October 4, 2012 10:33AM |
41 | BAGUIO | FLORENTINO | FULAY | INDEPENDENT | October 4, 2012 10:57AM |
42 | BULA | LEONARDO | CASPE | INDEPENDENT | October 4, 2012 11:12AM |
43 | ALCANTARA | SAMSON | SAVELLA | SOCIAL JUSTICE SOCIETY | October 4, 2012 11:53AM |
44 | HANDUMON | BENJAMIN JR. | SAREN | INDEPENDENT | October 4, 2012 12:48PM |
45 | MADRIGAL | MARIA ANA CONSUELO | ABAD SANTOS | LP | October 4, 2012 2:05PM |
46 | DAVID | RIZALITO | YAP | ANG KAPATIRAN PARTY | October 4, 2012 2:22PM |
47 | LLASOS | MARWIL | NACOR | ANG KAPATIRAN PARTY | October 4, 2012 2:24PM |
48 | DELOS REYES | JOHN CARLOS | GORDON | ANG KAPATIRAN PARTY | October 4, 2012 2:25PM |
49 | BELGICA | GRECO ANTONIOUS BEDA | BANTA | DEMOCRATIC PARTY OF THE PHILS. | October 4, 2012 3:57PM |
50 | TOMOL | ROGELIO | CRUZADA | INDEPENDENT | October 5, 2012 8:15AM |
51 | MAGSAYSAY | RAMON, JR. | BANZON | LIBERAL PARTY | October 5, 2012 8:26AM |
52 | AQUINO | PAOLO BENIGNO IV | AGUIRRE | LIBERAL PARTY | October 5, 2012 9:05AM |
53 | HONTIVEROS | ANA THERESIA | NAVARRO | AKBAYAN | October 5, 2012 9:08AM |
54 | NUEVA | NORMA | CRUZ | KBL | October 5, 2012 9:35AM |
55 | SEÑERES | CHRISTIAN | MAAÑO | DEMOCRATIC PARTY OF THE PHILIPPINES | October 5, 2012 9:45AM |
56 | GUNDAYAO | VIRGILIO | GALON | KBL | October 5, 2012 9:49AM |
57 | FALCONE | BALDOMERO | CORDERO | DEMOCRATIC PARTY OF THE PHILIPPINES | October 5, 2012 9:56AM |
58 | VILLAMOR | ULYN | ERMAC | INDEPENDENT | October 5, 2012 10:41AM |
59 | CAYETANO | ALAN PETER | SCHRAMM | NACIONALISTA PARTY | October 5, 2012 11:11AM |
60 | GARAY | ROQUE | FRONTERAS | INDEPENDENT | October 5, 2012 11:33AM |
61 | MARCOS | FRANCIS LEO | ANTONIO | INDEPENDENT | October 5, 2012 11:45AM |
62 | CABRERA | RAFAEL | MARCO | INDEPENDENT | October 5, 2012 1:24PM |
63 | SORIANO | COSME | PONCE ENRILE | INDEPENDENT | October 5, 2012 1:39PM |
64 | ESPINOSA | MANUEL | PEREZ | INDEPENDENT | October 5, 2012 1:40PM |
65 | SALANGSANG | PEPITO | SANTOS | INDEPENDENT | October 5, 2012 2:13PM |
66 | MANDAP | ELENA | LUGTU | INDEPENDENT | October 5, 2012 2:21PM |
67 | CADAG | VICTORIO ANGELO | AGDIGOS | INDEPENDENT | October 5, 2012 2:33PM |
68 | GOROSTIZA | BYRON ADRIANO | DOMINGO | INDEPENDENT | October 5, 2012 2:46PM |
69 | SULIBIT | NONATO | MONFERO | INDEPENDENT | October 5, 2012 2:49PM |
70 | FACTOR | GENEROSO | JOVILO | INDEPENDENT | October 5, 2012 2:56PM |
71 | MALUENDA JR. | SEVERO | LUPIBA | INDEPENDENT | October 5, 2012 3:12PM |
72 | PANCHO JR. | WENCESLAO | PULGA | KBL | October 5, 2012 3:16PM |
73 | BANTOLO | ROSARIO | SEVIGAN | INDEPENDENT | October 5, 2012 3:40PM |
74 | ABELLA | ALMA | LOOD | KBL | October 5, 2012 3:49PM |
75 | INSIGNE | MANUEL | ESTIPONA | INDEPENDENT | October 5, 2012 3:57PM |
76 | NING | CARLITO | PARDO | INDEPENDENT | October 5, 2012 4:10PM |
77 | JOLONGBAYAN | EDWIN | SAGARAL | INDEPENDENT | October 5, 2012 4:11PM |
78 | BINAY | MARIA LOURDES NANCY | SOMBILLO | UNITED NATIONALIST ALLIANCE | October 5, 2012 4:13PM |
79 | WOOD | VICTOR | NOBLEZA | KBL | October 5, 2012 4:43PM |
80 | CAPULAR | ELIZABETH | SEVILLA | INDEPENDENT | October 5, 2012 4:56PM |
81 | TALAG | ALFONSO, JR. | ECALDRE | INDEPENDENT | October 5, 2012 4:57PM |
82 | LOPE | WENDELL | HANOPOL | INDEPENDENT | October 5, 2012 5:01PM |
83 | RIRAO | MARLON | GALAPON | INDEPENDENT | October 5, 2012 5:09PM |
84 | PO | MANUEL | AZCUNA | INDEPENDENT | October 5, 2012 5:09PM |