Lex Fori Philippines

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    Any opinion, information or remark made on this site, including any response to queries or comments posted, should not be regarded as a complete and authoritative statement of the law. There is no warranty as to the completeness or accuracy of the information and the authors will not be liable for any loss or damage relating to the use or reliance thereon. A grain of salt is recommended. No recipient of any information or content from this site should act or refrain from acting on the basis of such information or content. Consult your favorite legal representative. Use of this website does not and will not create any legal relationship between the authors and the receiver/user/reader and any lawyer-client privilege will not apply.

Archive for the ‘Uncategorized’ Category

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 »

Suddenly September..

Posted by lexforiphilippines on September 4, 2010

Without even noticing it, the “BER” months are here.

We would like to wish all the barristers good luck in the bar exams.

Posted in Uncategorized | Leave a Comment »

When Interest Imposed by the Lender is Excessive

Posted by lexforiphilippines on July 29, 2010

In Asian Cathay Finance and Leasing Corporation vs. Spouses Cesario Gravador and Norma de Vera, et al. (G.R. No. 186550; 5 July 2010), the Supreme Court declared –

“Stipulations authorizing the imposition of iniquitous or unconscionable interest are contrary to morals, if not against the law.  Under Article 1409 of the Civil Code, these contracts are inexistent and void from the beginning. They cannot be ratified nor the right to set up their illegality as a defense be waived. The nullity of the stipulation on the usurious interest does not, however, affect the lender’s right to recover the principal of the loan. Nor would it affect the terms of the real estate mortgage.  The right to foreclose the mortgage remains with the creditors, and said right can be exercised upon the failure of the debtors to pay the debt due.  The debt due is to be considered without the stipulation of the excessive interest.  A legal interest of 12% per annum will be added in place of the excessive interest formerly imposed. x x”

Click on Digested Cases under Tools for a digest of Asian Cathay Finance and Leasing Corporation vs. Spouses Cesario Gravador and Norma de Vera, et al. (G.R. No. 186550; 5 July 2010).

Posted in Civil Law, Remedial Law, Uncategorized | Tagged: , , | 1 Comment »

Can the Courts Compel Re-correction of Board Examination?

Posted by lexforiphilippines on July 27, 2010

In the recent consolidated cases of Antolin vs. Domondon, et al. (G.R. No. 165036; 5 July 2010) and Antolin vs. Fortuna-Ibe (G.R. No. 175705; 5 July 2010), involving a CPA Board examinee’s prayer for re-correction of her examination by the Board of Accountancy, the Supreme Court held that any claim for re-correction or revision of her examination cannot be compelled by the court.  The High Court reiterated its previous ruling in the case of Agustin Ramos vs. Sandoval (G.R. No. 84470, 2 February 1989), where it dismissed an action to compel the Medical Board of Examiners and the Professional Regulation Commission to re-correct the petitioning examinees’ ratings, explaining that the function of reviewing and re-assessing the answers to the examination questions was a discretionary function of the Medical Board, not a ministerial and mandatory one.

Click on Digested Cases under Tools to find a digest of the consolidated cases of Antolin vs. Domondon, et al. (G.R. No. 165036; 5 July 2010) and Antolin vs. Fortuna-Ibe (G.R. No. 175705; 5 July 2010).

Posted in Cases, Civil Law, Political Law, Uncategorized | Leave a Comment »

Lands Acquired by NHA Exempt from Land Reform

Posted by lexforiphilippines on July 16, 2010

Lands acquired by the National Housing Authority (NHA) for its housing and resettlements projects are exempt from the land reform program, whether they were acquired by the NHA before Presidential Decree No. 1472* took effect or afterwards.  The exemption applies even if the lands so acquired by the NHA are tenanted.  This was the Supreme Court’s holding in the recent case of National Housing Authority vs. The Department of Agrarian Reform Adjudication Board, et al. (G.R. No. 175200; 4 May 2010).

(For a Digest of the case of National Housing Authority vs. The Department of Agrarian Reform Adjudication Board, et al., G.R. No. 175200, 4 May 2010, click on Digested Cases under Tools.)

* Amending Republic Act Nos. 4852 and 6026 by Providing Additional Guidelines in the Utilization, Disposition and Administration of All Government Housing and Resettlement Projects.

Posted in Uncategorized | Leave a Comment »

Implementing Rules – Real Estate Investment Trust Act

Posted by lexforiphilippines on June 22, 2010

On 13 May 2010, the Securities and Exchange Commission approved the Implementing Rules and Regulations of Republic Act No. 9856, otherwise known as the Real Estate Investment Trust Act of 2009.

Click on the Tools tab for a copy of the Implementing Rules of the Real Estate Investment Trust Act of 2009.

Posted in Corporate Law, Laws and Implementing Rules, Taxation, Uncategorized | Tagged: , | Leave a Comment »

Blogging hiatus

Posted by lexforiphilippines on May 20, 2010

Excuse the long blogging hiatus. Vacation then election day holiday is not a combination that promotes productivity.  Add the fact that Manila is enjoying an average of 37 degrees weather. But, fret not, we will resume adding new posts in the coming days.

And yes, my vacation was fruitful. How was yours?

Oscar

Posted in Uncategorized | Leave a Comment »

Republic Act No. 9995 – Anti-Photo and Video Voyeurism Act

Posted by lexforiphilippines on March 2, 2010

To all Hayden Kho wannabes and fans, Republic Act No. 9995, otherwise known as the “Anti-Photo and Video Voyeurism Act of 2009” was signed into law on 15 February 2010.

Under the new law, a person is prohibited:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity, with or without consideration, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device, notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s.

Those found guilty of committing any of said prohibited acts will be penalized with imprisonment of not less than 3 years but not more than seven 7 years and a fine of not less than P100,000.00 but not more than P500,000.00, or both, at the court’s discretion.

If the violator is a juridical person, its license or franchise will be automatically deemed revoked and the persons liable will be the officers, including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media.  If the offender is a public officer or employee, or a professional, he/she will be administratively liable.  If the offender is an alien, he/she will be subject to deportation proceedings after serving his/her sentence and payment of fines.

Any photo or video, or any copy of such photo or video, obtained in violation of the law, will not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

A peace officer may use such photo or video or any copy of such photo or video as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism, but only when so authorized by a written order of the court.  Such written order will be issued only upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime.

Posted in Laws and Implementing Rules, Remedial Law, Uncategorized | 15 Comments »

Republic Act No. 9646 – Real Estate Service Act

Posted by lexforiphilippines on February 24, 2010

To protect the public against incompetent, irresponsible and unscrupulous real estate practitioners, Republic Act No. 9646, otherwise known as the “Real Estate Service Act of the Philippines” was enacted by Congress and signed into law on 29 June 2009.  The law created the Professional Regulatory Board for Real Estate Service (“the Board”) which, under the supervision of the Professional Regulation Commission (PRC), will regulate the practice of real estate service in the Philippines.  Under the new law, real estate consultants, real estate appraisers and real estate brokers must take and pass a Licensure Examination (with some exceptions) and obtain a Certificate of Registration from the Board.  The Licensure Examination will be given by the Board at least once every year on such dates as the PRC may designate.  The law also requires that real estate salespersons must be accredited by the Board.

(For the salient features of Republic Act No. 9646, please click on Laws under Tools.)

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

Ang Ladlad- a partylist representative for now

Posted by lexforiphilippines on January 13, 2010

The Philippine Supreme Court issued a temporary restraining order against the COMELEC over its decision to disqualify the group “Ang Ladlad” from running as a partylist representative in the coming May 2010 elections. The Supreme Court en banc directed the COMELEC to recognize Ang Ladlad as an accredited partylist group and to include it in the printing of the ballots for the coming May elections pending the Court’s final ruling on the matter.

Posted in Election Law, Political Law, Uncategorized | Tagged: , | Leave a Comment »