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Archive for October, 2010

Conversion of Municipalities into Cities

Posted by lexforiphilippines on October 13, 2010

Section 10, Article X of the 1987 Constitution states that “(n)o province, city, municipality, or barangay shall be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.”

Applying this provision, the Supreme Court, in the case of League of Cities of the Philippines (LCP), et al. vs. Commission on Elections, et al. (G.R. No. 176951, G.R. No. 177499 & G.R. No. 178056; 24 August 2010), held that the creation of local government units must follow the criteria established in the Local Government Code and not in any other law.  The High Court stressed that Congress could not write such criteria in any other law, like laws creating cities or converting municipalities into cities.  The clear intent of the Constitution, said the High Court, was to insure that the creation of cities and other political units follow the same uniform, non-discriminatory criteria found solely in the Local Government Code.  Consequently, when Congress enacted cityhood laws which exempted 16 municipalities from the increased income requirement under the Local Government Code, as amended by Republic Act No. 9009 (RA 900), the exemption was held to be in violation of Section 10, Article X of the 1987 Constitution.  That the 16 municipalities had pending cityhood bills in Congress before the income requirement was increased was of no moment.  To be valid, said the High Court, such exemption must be written in the Local Government Code and not in any other law, including the cityhood laws.

To know more about said case, click on Digested Cases under Tools.

Posted in Cases, constitutional Law, Notes, Political Law | Tagged: , , | Leave a Comment »

Looking for legal assistant

Posted by lexforiphilippines on October 7, 2010

A Company  is looking for a legal assistant who will be:

  • Reporting to the Chief Legal Counsel, with the main responsibility of providing legal advice and assistance on corporate and commercial activities for the Company and its subsidiaries/affiliates;
  • Responsible for corporate housekeeping of the Company and its subsidiaries/affiliates;
  • Ensuring the Company’s compliance with the reportorial requirements of the Securities and Exchange Commission (SEC), PEZA, DENR and other government regulatory bodies;
  • Providing legal support/research on commercial, tax, securities, labor, and environmental laws and regulations;
  • Drafting/reviewing and maintaining contracts, agreements, commercial arrangements and legal documents;
  • Monitoring and improving contract review process and administering standard contract template system.

REQUIREMENTS:

  • Candidate must possess a degree in Law with at least 1 year experience in corporate/ commercial law and compliance.Recent bar takers may also apply.
  • Must possess strong commercial, business and legal research skills.
  • Must be an effective communicator, driven and able to work independently. Good with details.
  • Must be Filipino citizen.

The Company is located in Ortigas Center, Pasig City. Should anyone be interested, please mail your resume and application letter to mail@lexforiphilippines.com.

Posted in Uncategorized | Leave a Comment »

The Crime of Offending Religious Feelings

Posted by lexforiphilippines on October 6, 2010

A man who, garbed as national hero, Jose Rizal, stood up near the altar of a Catholic church during a prayer service, shouting that the church should stop interfering in government affairs and holding a sign that read “Damaso” (referring to Fr. Damaso, the antagonist in Rizal’s novel “Noli Me Tangere”), was arrested for “Offending the Religious Feelings.”

The public’s fascination was not just with the theatricality with which the man made his plea for the Catholic Church to steer clear of the Reproductive Health Bill.  That the man was charged with the novel-sounding crime of “Offending religious feelings” also sparked the public’s interest.

The crime is not as common as estafa, theft or murder, but it has been in the statute books for a long time.  Under Article 133 of the Revised Penal Code, the crime of “Offending the Religious Feelings” is committed when anyone, while in a place devoted to religious worship or during the celebration of any religious ceremony, performs acts notoriously offensive to the feelings of the faithful.  The penalty for this crime is arresto mayor in its maximum period (from 4 months and 1 day to 6 months) to prision correccional in its minimum period (from 6 months and 1 day to 2 years and 4 months).

The law, indeed, is old, but it is still in force and is clearly experiencing a rebirth.

Posted in Criminal Law, Law School, Laws and Implementing Rules | Tagged: , , | Leave a Comment »