Tax informers are entitled to 10 percent or P1 million, whichever is lower

Based on a DOJ opinion, tax informers are entitled to 10 percent or P1 million, whichever is lower.


Tax informer cries plunder, says he is entitled to P1B reward
By Leila B. Salaverria
Philippine Daily Inquirer
First Posted 19:46:00 12/17/2010

MANILA, Philippines—Failing to get what he believed was a P1.13 billion reward due him, a tax informer filed plunder charges against Justice Secretary Leila de Lima and Bureau of Internal Revenue officials led by Commissioner Kim Henares on Friday.

Danilo Lihaylihay, who earlier also claimed that he was entitled to P11.875 trillion in partial claims for helping the recovery of the Marcoses' ill-gotten wealth, said De Lima and Henares had refused to give him the reward and thus unjustly enriched themselves or the state at his expense.

Lihaylihay said he was entitled to P1.13 billion because the reward was supposed to amount to 25 percent of the amount he had helped recover.

Henares earlier said that informants should get 10 percent or P1 million, whichever is lower.

In the complaint he filed at the Office of the Ombudsman, Lihaylihay said that he had written the BIR earlier this year asking for his reward for acting as informant in tax cases where the government was able to collect the amounts due to it. He said that under the law, he was entitled to 25 percent of the recovered amount.

But he said that despite his letters to the BIR, which passed through several officials and which was backed by a referral from the Office of the President, his demand has not been met.

He said that the BIR officials, instead of giving him his money, “illegally connived” with De Lima and caused the publication of a new DOJ opinion that revoked the ruling of former Justice Secretary Raul Gonzalez saying that the reward should be 25 percent of the recovered amount.

With this DOJ opinion, the DOJ and the BIR officials misappropriated or malversed his money, Lihaylihay said.

“All public respondents illegally confederated with one another in robbing-off herein complainant's P1.130-B trust/reward monies and/or amassing, accumulating, or acquiring ill-gotten wealth through conversion, misappropriation or malversation of public trust funds (informer's reward monies), by the issuance and/or implementation of DOJ Opinion No. 48,” he said.

He added that the officials had taken advantage of their official positions, authority, connections and influence to unjustly enrich themselves or the state, to his detriment.

Damage suit for wrongful detention

Person wrongfully jailed by police due to mistaken identity may file damage suit against arresting officers

Cops ask court to dismiss P470-M damage suit
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 15:04:00 12/14/2010

MANILA, Philippines—A police officer facing a P470-million suit for arresting a man mistaken for a terrorist has asked a Quezon City court to junk the case as the plaintiff was unable to pay the hefty filing fee.

Superintendent Roger James Brillantes sought the dismissal of the case against him and five other members of the Philippine National Police filed by Allan Almoite, a man he arrested in 2006.

The police officer said Almoite, who is seeking the court’s authority for him to litigate as an indigent so that he can be exempted from paying the filing fee, does not fall under the definition of an indigent.

The undocketed civil case was raffled off last week to Regional Trial Court Branch 97 presided over by Judge Bernelito Fernandez.

Brillantes said Almoite has been a physical therapist since 1994 and that since Almoite is gainfully employed, he should be required to pay the filing fee, which could amount to P20 million.

Almoite had lodged the P470-million damage suit against the PNP, Brillantes, Inspector Arnulfo Franco, Inspector Dante Yang, PO2 Reynaldo Yap, PO3 Peter Paul Pablico and PO3 Noel Fabia.

The plaintiff is seeking P500,000 for each of the 940 days that he was wrongfully jailed under Section 50 of the 2007 Human Security Act.

Almoite said he was a victim of mistaken identity as he said he was not the man indicated in the warrant used by Brillantes to arrest him.

Almoite was charged with violating Presidential Decree 1866 or illegal possession of explosives in a Valenzuela City court after his arrest by Brillantes' team in 2006.

In 2008, the Valenzuela court granted his demurrer to evidence and junked the case against him, noting that the arrest warrant specified a certain “Ali” and not Almoite himself.


Source:http://newsinfo.inquirer.net/breakingnews/metro/view/20101214-308921/Cops-ask-court-to-dismiss-P470-M-damage-suit

SC acquits Hubert Webb, 6 others in Vizconde massacre case

Webb, et al ordered released as soon as possible

By Tetch Torres INQUIRER.net First Posted 11:34:00 12/14/2010

MANILA, Philippines—(UPDATE 4) The Supreme Court today acquitted former senator’s son Hubert Webb and six others in connection with the celebrated Vizconde massacre case.

“The prosecution failed to prove beyond reasonable doubt the guilt of the accused,” court administrator and spokesman Jose Midas Marquez said.

Marquez said seven justices who voted for the acquittal are questioning the quality of the prosecution’s main witness.

“Jessica Alfaro is an NBI (National Bureau of Investigation) agent, not really an eye witness,” Marquez said.

“There were also suspicious details showing inherent inconsistencies, all corroboration cannot be relied on…In all, there is reasonable and lingering doubt on the guilt of the accused,” Marquez said.

Aside from Webb, the high court also acquitted Antonio Lejano II, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Hospicio “Pyke” Fernandez.

Marquez said Joey Filart and Artemio Ventura who were never arrested and have been at large are not part of the acquittal.

“No proceedings were held against them,” Marquez said.

The high court ordered the Bureau of Corrections (BuCor) to release all the accused as soon as possible.

He added that Biong, who was convicted as an accessory to the crime, is also acquitted because he was specifically pointed by the government witness as the one who allegedly covered the tracks of Webb’s group.

No motion for reconsideration can be filed.

"No MR can be filed otherwise it is tantamount to double jeopardy."

Webb, who is the son of former senator Freddie Webb, Lejano, Gatchalian, Rodriguez, Estrada, and Fernandez were convicted for the 1991 murders.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101214-308897/SC-acquits-Hubert-Webb-6-others-in-Vizconde-massacre-case

Case vs Hayden Kho dismissed

Now aiming to get medical license back

By Karen Boncocan INQUIRER.net First Posted 15:53:00 12/14/2010

MANILA, Philippines—Hayden Kho is now a free man.

Kho's criminal case for violation of R.A. 9262 (Anti-Violence Against Women and their Children Act of 2004 or "VAWC") was dismissed for insufficiency of evidence Tuesday morning by Hon. Judge Rodolfo Bonifacio of Branch 159 of the Regional Trial Court of Pasig City. The judge granted a Demurrer to Evidence previously filed by Kho.

Kho was accused by actress Katrina Halili of videotaping a sexual encounter without her consent and distributing the video through the internet, accusations Judge Bonifacio deemed lacking in evidence.

Halili's side, according to Kho's lawyer Attorney Lorna Capunan, had no evidence to support their accusation that Kho uploaded the video on the internet. Capunan added that ocular inspection made by the court showed that the video camera was in plain sight, "situated in an open and unconcealed place which cannot escape unnoticed," and that the video camera was "visible to both of them."

The court stated that taking of a sex video without the consent and knowledge of the partner is "not yet a violation of Republic Act 9262," and that it only becomes a crime once it "causes substantial emotional or psychological distress to the woman." Dr. Papa, psychiatrist of the National Bureau of Investigation, testified in court that Halili's distress was the uploading of the video and not the act of taking the sex video.

"I went through hell... it was a very difficult two years," said Kho, adding that he felt "so defeated" after being hounded by insults after videos of his sexual encounters with two actresses were uploaded on the internet.

"I am going to rebuild my life," he stated, saying that he remains hopeful that he can still get his medical license back so he can resume practice.

"I'm sorry this happened," was the message Kho sent out, and said that he would like to personally talk to her after all that has happened.

Irene Kho, Hayden's mother, said the dismissal was an answer to the many prayers of supporters, friends and family.

Capunan stated that since the start of the case it had never been about gender but of respect for privacy. The lawyer added that they were surprised with the decision, having been only ready to request for the postponement of Kho's presentation of evidence.

There is still the issue on who was behind the dissemination of the sex videos, said Capunan. She stated that further investigation by NBI is needed to find the perpetrator.

"I have no energy to go after (the people who distributed the video)... I just want to move on," said Kho, whose focus is now on getting his medical license back.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101214-308922/Case-vs-Hayden-Kho-dismissed

Reparation bill for ‘wrongly jailed individuals’ filed in Senate

By Maila Ager INQUIRER.net First Posted 14:21:00 12/15/2010

MANILA, Philippines – A bill providing reparation to “wrongly jailed individuals” has been filed at the Senate.

Senate Bill 432 filed by Senator Jose “Jinggoy” Estrada was released to the media on Wednesday, a day after the Supreme Court acquitted Hubert Webb, who had been jailed for 15 years in connection with the celebrated Vizconde massacre.

The bill stipulates that “any person who may have suffered penalty, criminally through conviction but subsequently judicially declared as erroneous, shall heretofore be compensated and be entitled to reparation as herein provided.”

Monetary compensation for damages for wrong imprisonment suffered, the bill said, should not exceed twice the amount of income in the year prior to his/her arrest.

“An additional amount of equivalent to one-fourth of one percent of the docket fees required for the filing of actions in court, both criminal and civil, shall be paid as contribution to the Assurance Fund,” it added.

Estrada noted that the justice system is depicted by the blindfolded woman holding the scale supposedly symbolizing the impartiality, equality and integrity that should comprise the manner justice system is served.

“But it is, likewise, clear such symbol characterized the approximation that the system, at best, exerts to go nearest to true injustice. Thus, in reality, the justice system is far from perfect,” he said in his explanatory noted of the bill.

“There will always be mistakes in its administration. And therefore, it is incumbent upon the state to make sure that discovery of errors in the justice it stands for be corrected,” Estrada added.


source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309119/Reparation-bill-for-wrongly-jailed-individuals-filed-in-Senate

Columnist Jarius Bondoc named BOD member of sequestered company

By Norman Bordadora
Philippine Daily Inquirer
First Posted 15:32:00 12/15/2010

MANILA, Philippines—President Benigno Aquino III has appointed NBN-ZTE scandal witness Jarius Bondoc as a member of the board of directors of a sequestered company.

Bondoc, a columnist for the Philippine Star, was appointed as one of the directors of the Independent Realty Corp., a firm under the control of the Presidential Commission on Good Government, deputy presidential spokesperson Abigail Valte announced in Malacañang.

Bondoc's appointment was one of several Valte announced on Wednesday afternoon


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309122/Columnist-named-BOD-member-of-sequestered-company

Administrative complaint readied vs judge in Vizconde massacre

By Tetch Torres
INQUIRER.net
First Posted 16:53:00 12/15/2010

MANILA, Philippines – An administrative complaint is being readied against the judge that convicted Hubert Webb and 6 others in connection with the Vizconde massacre case, a lawyer said.

Jose Flaminiano, counsel for Hospicio “Pyke” Fernandez and recently Gerardo Biong, said Paranaque regional trial court Judge now Court of Appeals Associate Justice Amelita Tolentino should be held administratively liable for plagiarism.

“If you will compare her decision with that of the memorandum submitted by the prosecution, clearly, it was plagiarized. No proper attribution,” Flaminiano said.

He explained that while judges would use as basis the memorandum submitted by the parties in crafting out its decision, the same should be indicated in the decision.

“We have already raised that years ago but no action was taken,” Flaminiano said.

“Did she made her own evaluation of the evidence presented then? There was massive plagiarism committed on her decision. We cannot let this pass. She does not deserve to be a Court of Appeals Justice,” Flaminiano said.

Flaminiano said he and counsels of the others recently acquitted by the high court would meet Saturday to finalize their steps.

They are also considering filing criminal case against star witness Jessica Alfaro as well as the National Bureau of Investigation, private and public prosecutors.

"Our priority is the case against Alfaro and Justice Tolentino," Flaminiano said.

Tolentino is the judge who handed down the verdict against Webb and 6 others

Tolentino is currently on leave.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309131/Administrative-complaint-readied-vs-judge-in-Vizconde-massacre

CA temporarily stops ABS-CBN’s infringement case vs Revillame

By Nancy C. Carvajal
Philippine Daily Inquirer
First Posted 19:24:00 12/21/2010

MANILA, Philippines—The Court of Appeals has ordered a Makati Regional Trial Court to stop conducting hearings on the petition for a temporary restraining order (TRO) being sought by television network ABS-CBN against former “Wowowee” host Willie Revillame.

According to ABC 5 lawyer Ferdinand Domingo, the appellate court granted the petition for a TRO filed by ABC Development Corp. (TV5) and its president, Ray C. Espinosa, against Judge Joselito C. Villarosa, presiding judge of the Makati City Regional Trial Court Branch 66.

“The TRO enjoins the Makati Regional Trial Court from conducting further proceedings on the TRO application by ABS-CBN on Civil Case No. 10-1155,” Domingo said.

Revillame moved to TV5 earlier this year after he and ABS-CBN had a falling out. He is the host of the network’s new primetime game show, “Willing Willie.”

Domingo said the decision was contained in the December 17 resolution of the appellate court’s Fourth Division headed by Associate Justice Josefina Guevara-Salonga with Associate Justices Franchito N. Diamante and Mariflor Punzalan Castillo as members.

Earlier, ABS-CBN filed a copyright infringement case against Revillame before the Makati RTC. It accused him of copying the format of “Wowowee” in “Willing Willie.”

In response, TV5 asked the appellate court to issue a TRO to stop the lower court from hearing the case against Revillame.


Domingo, however, said the court required TV5 to post a cash bond worth P102,400,000 “to answer for any and all damages which private respondent (ABS-CBN) may suffer or sustain, by reason of the temporary restraining order, should this court finally decide that the petitioners are not entitled thereto.”

SOURCE: http://showbizandstyle.inquirer.net/entertainment/entertainment/view/20101221-310255/CA-temporarily-stops-ABS-CBNs-infringement-case-vs-Revillame

Laslas bag modus operandi

Christmas season triggers a lot of activities in many people. One of which among the evil minded is the laslas bag modus operandi prevalent especially in jeepneys and buses. While gang members do it whole year round, frequency escalates during holiday season both because of financial need of the culprits and the increase of income of the public.

The malefactor
Generally they do it in tandem or trio. One is the executor while the others serve as a distractor, look out or back up just in case the job is foiled by the target or by anybody and attempts to apprehend or confront them. Greedy ones may operate singly though.

The victim
Anybody who carries a bag may be the target. They do not have a specific profile of their prospective victims. I’ve heard stories and seen people who do not look like moneyed people but fell victim nonetheless. For as long as you fall to their set up, you become the prey.

Sometimes, they are pre-positioned inside the jeep according to their set up. Other times they scout passing vehicles from the outside and identify those they can easily set up.

In one of my experiences, the culprits are already inside the jeep and placed themselves in such a way that upon boarding, we will sit between them. They managed to cut my gf’s bag but failed to take the wallet.

The distractor
This guy’s role is to distract the target victim by any means in order get his attention away from his bag while being slashed by the executor. They may talk loudly or annoy the victim by frequent moving of their limbs, or any other means just to make sure you move your attention away from your belongings. In my experience, the person acted like a feeble-minded.

He is either beside the victim or in front of him. If he is beside the victim, he makes sure the victim does not move away from the distractor.

The executor sometimes performs this act. In one instance, the executor had this terrible underarm odor that the victim literally tilted her head away from him, and he himself successfully slashed the bag.

The tools
The bag is cut or slashed by using a small razor sharp blade. The act of cutting the bag is concealed by using a large bag enough to cover the hand of the executor. So be wary when the one sitting beside you has a bag on his lap. I saw one using a travelling bag. But others use smaller bags.

When do they operate?
They do it at any time of the day whether in broad daylight or nighttime.

TIPS to avoid being a victim of laslas gang:
Do not sit in between guys especially those with large bags.
Make sure both hands of your seatmates are visible. If one is not, beware.
Watch out when a person transfers beside you.
Do not place you bag parallel to your body; but rather perpendicularly.
Sit near the driver.

PAO to file motion for reconsideration over Webb et al

DZIQ: PAO to file motion for reconsideration over Webb et al. acquittal

By Don Lejano
INQUIRER.net
First Posted 20:14:00 12/16/2010

MANILA, Philippines – Public Attorney’s Office chief Persida Acosta said Thursday that they would be filing a motion for reconsideration before the Supreme Court following its decision to acquit Hubert Webb and six others in the killing of three members of Lauro Vizconde’s family.

In a Radyo Inquirer interview, Acosta said that Vizconde, whose wife Estrellita and daughters Carmela and Jennifer were murdered in 1991, sought PAO’s help to study the legal remedies that could convince the high court to reconsider its decision.

“Lauro Vizconde does not have any income anymore… he is not connected to the government or any private entity so I could not say no to him,” Acosta told Willy Matawaran, host of Radyo Inquirer’s “Kumpadres.” She cited Republic Act 9406 as the reason for PAO’s decision to accept Vizconde as a client.

The PAO provides the underprivileged members of the society free access to courts by rendering legal services to ensure the rule of law.

Acosta also clarified the misconception that Vizconde could no longer appeal the high tribunal ruling, saying in Filipino that “this is still possible for as long as the Supreme Court has not ruled against the filing of a motion for reconsideration.”

Acosta said the points that they would want to raise would be the arguments for reconsideration and for the justices to take a second look at the case.


FROM: http://newsinfo.inquirer.net/breakingnews/nation/view/20101216-309343/DZIQ-PAO-to-file-motion-for-reconsideration-over-Webb-et-al-acquittal

SC remands AGP case to HRET

The Supreme Court remanded to the House of Representatives Electoral Tribunal (HRET) the petition for disqualification filed by Akbayan Partylist against Ang Galing Pinoy (AGP) partylist representative Juan Miguel “Mikey” Arroyo because Arroyo has already been proclaimed and taken his oath of office as a member of the House of Representatives. That being the case, the HRET now has the proper jurisdiction over the case.

Hubert Webb case

The SC reversed the ruling of the CA affirming the trial courts decision finding Hubert Webb et al guilty of rape with homicide committed against the wife and children of Lauro Vizconde in 1991. As a result, Webb and company were released from prison (within just 2 hours from the SC announcement). The processing normally takes days or weeks. This what happens when you’re from a well-known family.

Why were they acquitted?

Because of the inconsistencies in the testimony of the Witnesses.

Who then is the culprit?

Acquittal does not mean innocence. The law requires that an accused must be proven to be guilty beyond reasonable doubt. Thus, while the accused may be guilty, but if the prosecution failed to show through its pieces of evidence that the guilt of the accused is beyond reasonable doubt, then the accused may go scot free.

In this case, there are inconsistencies on the testimonies of the witnesses especially that of primary witness Jessica Alfaro. These all placed a reasonable doubt on the supposed guilt of the accused.

Webb et al may or may not be the perpetrators, or only some of them, or it may be other person/s.

What's next?

The DOJ may reopen the case and conduct new investigation. PAO Chief Acosta plans to file a motion for reconsideration with the SC after Mr. Vizconde sought the Office's help, the latter now being considered underprivileged for having no source of income.

Acosta is of the view that such motion is possible for as long as the the SC has not ruled against the filing thereof.

How to pay your insurance premium even without billing notice

Great Life Financial allows payment of premiums even without a billing notice although it is not what is stated in their “how to pay your premium” data, provided you make your payment on its RCBC bank branches (not RCBC Savings Banks as the latter does not entertain premium payments). All you need is your policy number and premium due or the amount you wish to pay.

Just fill out a Billing Collection form (this is how they call their Bills Payment slip) and indicate the aforementioned data then proceed to the cashier or teller. You will receive the official receipt from the company in a few weeks.

This is exactly what I was instructed to do upon query when I failed to receive my latest billing notice.

Lotto 6/55

The jackpot for this new PCSO product has reached around P380 million last Wednesday, and for the nth time nobody got the perfect combination to amass the big pot. This phenomenon enticed both the old time bettors and newbies. I for one was encouraged to try my luck, and I participated in around four draws. I did not get even 3 numbers right. And I said, "winning this should be really hard."

But contrary to my experience, my roommate who has no idea about the ballooning prize and I was the one who encouraged him to try his luck at the last minute of the closing time, even got a 3 number combination. He got 150 for it. Luck, as they say, comes when you really are lucky.

But how really hard it is to win in 6/55?
PCSO insiders say a person who bets on a number combination has 1 in 28.9 million chance of winning, and only 25 per cent of these numbers are being bet on. This means 75 per cent of the 28.9 million combinations have no bets placed on them. This explains why after so many draws, the prize is still at stake. On last Wednesday's draw, only 1/4 of the total combinations have bets placed on them.

Lexing TV

Months ago, my friend bought a 17" television for a measly P2,500 pesos somewhere along Avenida street in Manila. The TV was branded as Lexing. I was surprised to learn that Lexing now has a tv product as they are only known for their cheap dvd players which, based on unofficial reviews from online fora, are proven to be durable after some testing. This brand is known to be made from China.

Now that they also ventured into tv products, it is imperative for the sake of curiousity to know whether these products also match its dvd counterparts. To tell you, so far, my friend's tv still works well after almost five months. And from the way it looks, it seems like it will last a long time.

733 prosecutors needed

Today, Justice Secretary Leila de Lima lamented on the non-inclusion of budget for the hiring of the very much needed 733 new prosecutors nationwide in the 2011 proposed outlay for the Department of Justice.

This planned hiring is supposedly in compliance with Republic Act 10071 or the National Prosecution Service Act, which aims among others to achieve the ideal ratio of two prosecutors for every regional trial court judge; one prosecutor for every municipal trial court; and one prosecutor for every two municipal circuit trial court.

If realized this will definitely enhance and facilitate the speedy administration of justice in the country considering the high rate of population increase. However, it will not be the sole solution or the root cause of the country's rotten justice system; but it will be a good start and surely contribute in the much awaited improvement.

This is also a good news for all lawyers who want or aspire to be public prosecutors. It is also a very secured way of becoming a judge. I hope these positions are still up for grabs by the time I graduate from law school.

SC: Retail trade liberalization law constitutional

SC: Retail trade liberalization law constitutional
By Nikko DizonPhilippine Daily InquirerFirst Posted 07:52:00 09/28/

MANILA, Philippines—The Supreme Court (SC) has upheld the constitutionality of the Retail Trade Liberalization Act of 2000 or Republic Act No. 8762, a decade after it was questioned by lawmakers as supposedly being anti-Filipino.

“(W)hile the Constitution mandates a bias in favor of Filipino goods, services, labor and enterprises, it also recognizes the need for business exchange with the rest of the world on the bases of equality and reciprocity and limits protection of Filipino enterprises only against foreign competition and trade practices that are unfair,” it said.

Associate Justice Roberto Abad penned the 11-page decision.

Ten years ago, then Representatives Gerardo Espina, Orlando Fua Jr., Prospero Amatong, Robert Ace Barbers, Raul Gonzales, Prospero Pichay, Franklin Bautista and Juan Miguel Zubiri haled to court Cabinet officials of the Estrada administration during which the law was signed.
The officials were then Executive Secretary Ronaldo Zamora Jr., former Trade Secretary Manuel Roxas II, former Socioeconomic Planning Secretary Felipe Medalla, former Bangko Sentral ng Pilipinas Gov. Rafael Buenaventura, and former Securities and Exchange Commission chair Lilia Bautista.

The petitioners argued that RA 8762 violated provisions in the Constitution which places the national economy under the control of Filipinos to achieve equal distribution of opportunities, promote industrialization and full employment, and protect Filipino enterprise against unfair competition and trade policies.

The passage of RA 8762 effectively repealed RA 1180, which absolutely prohibited foreign nationals from engaging in the retail trade business.

RA 8762 allows foreign investors to engage in retail trade under specific categories, depending on the amount of capital invested.

The high court noted that the petitioners were unable to show that the implementation of the law would prejudice them or inflict damage to them as taxpayers or legislators.

“There is no showing that the law has contravened any constitutional mandate,” it said. It pointed out that the Constitution “does not impose a policy of Filipino monopoly.”

“The objective is simply to prohibit foreign powers or interests from maneuvering our economic policies and ensure that Filipinos are given preference in all areas of development,” the high court said.

Moreover, the Constitution gives Congress the “discretion to reserve to Filipinos certain areas of investments upon the recommendation of NEDA (National Economic Development Authority) and when the national interest requires,” it said.

http://business.inquirer.net/money/breakingnews/view/20100928-294726/SC-Retail-trade-liberalization-law-constitutional

Half of 2011 bar exams in multiple choice format—Corona

ILOILO CITY, Philippines – Starting next year, part of the bar examinations will be in multiple choice format, but this will not necessarily make the test easier, according to Chief Justice Renato Corona.

"Multiple choice questions could be difficult – more rational, not necessarily easier," Corona told reporters at the launching of the Justice on Wheels Mobile Court program here on Wednesday.
Corona confirmed that the Supreme Court, which administers the annual exam, would adopt the changes in the format to be implemented next year under 2011 Bar Examination Committee chairman Associate Justice Roberto Abad.

"We are changing the format of the bar examinations because the present format we are following has been there for more than 100 years already and we feel it is not responsive to the way law should be taught today," Corona said.

The exam will be divided in two parts with the first part in multiple choice format with examinees choosing the best answer among four to five correct answers while the second part will be essay-type to test reasoning, writing and logic abilities.

Asked if the changes were meant to address the low passing rate in the examinations, Corona said this would not necessarily address the problem.

He said the low passing average in the bar exams could be attributed to many factors, including the preparedness of the examinees, handwriting of the bar-takers, reasoning ability and adeptness in expressing themselves in English.

The bar examinations, first held in the country in 1901 with 13 examinees, is among the most anticipated especially because of its traditionally low passing rate.

The exam top notchers usually land jobs in the top law firms in the country.

However, the continued dismal passing rate in the bar examinations has alarmed the Supreme Court and prompted calls for reforms in the country's law schools.

In 2008, the high court lowered the passing rate to 70 percent from 75 percent and the disqualification rate in three subjects (civil, labor and criminal law from 50 percent to 45 percent. This made it possible for 1,289 of the total 5,626 takers (22.91 percent) to hurdle the examinations.

Corona said the bar examinees could still find next year's examination easier because it would be focused and will have limited coverage.

[Previously], "we didn’t know where the examiners will get the questions but [next year] we will be limiting them to the most important subjects," he said.

FROM: http://newsinfo.inquirer.net/breakingnews/nation/view/20100805-285071/Half-of-2011-bar-exams-in-multiple-choice-formatCorona

Gin by any other name still ‘ginebra’

MANILA, Philippines—The Court of Appeals (CA) has thrown out the petition of an alcoholic beverage firm asking for the exclusive use of “ginebra” on its gin products.
The court said the word was a generic term for “gin.”

In a ruling released Friday, Associate Justice Estela Bernabe upheld the decision of the Intellectual Property Office (IPO) junking the request of La Tondeña Distillers Inc. (LTDI) to grant it a trademark for “ginebra.”

“Accordingly, the court finds no error on the part of the IPO director general in dismissing petitioner’s appeal from the denial of its application for registration of the mark ‘ginebra,’” Bernabe said in her six-page decision.

LTDI, formerly Ginebra San Miguel Inc., had filed a petition on February 21, 2003, asking the Bureau of Trademarks to grant it exclusive rights to put the word “ginebra” on its products.
According to the appellate court, LTDI itself mentioned in the petition that the term “ginebra” was a Spanish word for the English word “gin,” an intoxicating drink made from the juniper berry.

As such, the court said that using the word “ginebra” was “merely indicative and descriptive of the merchandise or product designated” and that it was a generic term referring to gin products.
It said that allowing LTDI to have intellectual property rights over the word “ginebra” would unfairly deny four other beverage companies use of the term on their products.

“It is, therefore, a generic term which cannot be appropriated for petitioner’s exclusive use because it would unjustly deprive other gin dealers of the right to use the same with reference to their merchandise,” the appeals court ruled. Aside from LTDI, alcoholic beverage companies Tanduay Distillers Inc., Twin Ace Holding Corp., Consolidated Distillers of the Far East Inc., and Webengton Distillery Inc. had also been putting the word “ginebra” on their gin bottles, the court said.

http://business.inquirer.net/money/breakingnews/view/20100823-288377/Gin-by-any-other-name-still-ginebra

Benefits of Malunggay (Moringa) Soap

I have this some sort of infection in my face. I am not sure whether it is fungal, viral or bacterial but it is something similar with dandruff, and the only difference is it is not on my hair. They are sometimes scaly that I tend to scratch it every time. I tried to treat it with Dr. Wong’s medicated soap, alcohol, shampoo but all proved hopeless.

I did not bother going to a doctor as I want to find the cure myself.

I happened to see a booth selling natural products somewhere in a booth inside COA Compound in Batasan, Quezon City, which mainly sells different products derived from malunggay. I bought one of their malunggay soap because the salesman claimed that it is an anti-bacterial soap.

Upon getting home, I immediately tried it on my face. Amazingly, after just one wash, the scaly infection was gone. But sad to say, their company seems to have ceased operating. The booth closed and their website cannot be accessed. So now, I am looking for other manufacturers.

Succession: Shares of An Illegitimate Child And A Surviving Spouse

Case: The illegitimate son of a deceased man is claiming inheritance from his father’s estate. The decedent left only a surviving spouse and this claimant. How do we divide the estate?

According to Public Attorneys Office Chief Acosta, the estate should be divided like this: Conjugal partnership of gains governs the marriage of the decedent with his surviving spouse since they were married without marriage before the passage of the Family Code. Thus, one-half of the property goes to the spouse representing her share in the conjugal partnership, while the other half becomes the estate which becomes the subject of partition and from it the share of the illegitimate son will be taken. Where the only heirs are the surviving spouse and an illegitimate child, the law gives one-fourth of the entire property or one-half of the estate shall go to the illegitimate son while the remaining goes to the spouse.

How to play lotto

1. Get the card corresponding to the one you want to bet on. Normally, the betting cards are just on the table or somewhere outside the booth. But if you can't find your particular card, or there are no cards at all, ask one from the teller. Sometimes they only provide cards on a "by request" method in order minimize wastage.

2. Mark your preferred numbers according to the instructions at the back of the card, fall in line, and present it to the teller along with your payment, and you will receive a receipt which serves as a proof when claiming prizes.

3. Read the instructions or reminders at the back of the receipt. You wouldn't want yourself leaping for joy when you win but later on your prize is forfeited due to a mutilated receipt.

SC OKs church group’s conversion to corporate entity

MANILA, Philippines – The Supreme Court affirmed the Court of Appeals decision allowing the Iglesia Evangelica Metodista En Las Islas Filipinas Inc. (IEMELIF) to be converted from a corporation sole into a corporation aggregate by mere amendment of its articles of incorporation.

In a 13-page decision, the high court’s 2nd division through Associate Justice Roberto A. Abad said that per Section 109 of the Corporation Code, the change may be done by applying the general provisions of the Code on non-stock corporations. Thus the Court ruled that although the IEMELIF was originally a corporation sole, the amendment of its articles of incorporation must still have the concurrence of at least two-thirds of its membership, as provided by the Code, a requisite which evidence shows the church was able to obtain.

A corporation sole is “one formed by the chief archbishop, bishop, priest, minister, rabbi or other presiding elder of a religious denomination, sect or church, for the purpose of administering or managing, as trustee, the affairs, properties and temporalities of such religious denomination, sect of or church,” while a corporation aggregate is one formed by two or more persons for the same purpose, the high court explained.

It noted that the IEMELIF “worked out the amendment of its articles of incorporation upon the initiative and advice of the Securities and Exchange Commission (SEC.) The latter’s interpretation and application of the Corporation Code is entitled to respect and recognition, barring any divergence from applicable laws. Considering its experience and specialized capabilities in the area of corporation law, the SEC’s prior action on the IEMELIF issue should be accorded great weight.”

The case stemmed from the petition for the declaration of nullity of the amended articles of incorporation, filed by a faction of the IEMELIF which did not support the conversion of the church. The faction claimed that a complete shift of the IEMELIF’s status as a corporation sole to a corporation aggregate required a complete dissolution of the existing corporation sole followed by a re-incorporation.

http://newsinfo.inquirer.net/breakingnews/nation/view/20100712-280679/SC-OKs-church-groups-conversion-to-corporate-entity

English translation of Aquino inaugural - INQUIRER.net, Philippine News for Filipinos

English translation of Aquino inaugural - INQUIRER.net, Philippine News for Filipinos



(Editor’s note: INQUIRER.net is posting the English translation of the full text of President Benigno Aquino III’s inaugural speech at the Quirino Grandstand in Manila on June 30, 2010.)
His Excellency Jose Ramos Horta, Former President Fidel V. Ramos, Former President Joseph Estrada, Senate President Juan Ponce Enrile and members of the Senate, House Speaker Prospero Nograles and members of the House, justices of the Supreme Court, members of the foreign delegations,Your Excellencies of the diplomatic corps, fellow colleagues in government, aking mga kababayan. My presence here today is proof that you are my true strength. I never expected that I will be here taking my oath of office before you, as your president. I never imagined that I would be tasked with continuing the mission of my parents. I never entertained the ambition to be the symbol of hope, and to inherit the problems of our nation.I had a simple goal in life: to be true to my parents and our country as an honorable son, a caring brother, and a good citizen.My father offered his life so our democracy could live. My mother devoted her life to nurturing that democracy. I will dedicate my life to making our democracy reach its fullest potential: that of ensuring equality for all. My family has sacrificed much and I am willing to do this again if necessary. Although I was born to famous parents, I know and feel the problems of ordinary citizens. We all know what it is like to have a government that plays deaf and dumb. We know what it is like to be denied justice, to be ignored by those in whom we placed our trust and tasked to become our advocates.Have you ever been ignored by the very government you helped put in power? I have. Have you had to endure being rudely shoved aside by the siren-blaring escorts of those who love to display their position and power over you? I have, too. Have you experienced exasperation and anger at a government that instead of serving you, needs to be endured by you? So have I.I am like you. Many of our countrymen have already voted with their feet - migrating to other countries in search of change or tranquility. They have endured hardship, risked their lives because they believe that compared to their current state here, there is more hope for them in another country, no matter how bleak it may be. In moments when I thought of only my own welfare, I also wondered—is it possible that I can find the peace and quiet that I crave in another country? Is our government beyond redemption? Has it been written that the Filipino’s lot is merely to suffer?Today marks the end of a regime indifferent to the appeals of the people. It is not Noynoy who found a way. You are the reason why the silent suffering of the nation is about to end. This is the beginning of my burden, but if many of us will bear the cross we will lift it, no matter how heavy it is. Through good governance in the coming years, we will lessen our problems. The destiny of the Filipino will return to its rightful place, and as each year passes, the Filipino’s problems will continue to lessen with the assurance of progress in their lives.We are here to serve and not to lord over you. The mandate given to me was one of change. I accept your marching orders to transform our government from one that is self-serving to one that works for the welfare of the nation.This mandate is the social contract that we agreed upon. It is the promise I made during the campaign, which you accepted on election day.During the campaign we said, “If no one is corrupt, no one will be poor.” That is no mere slogan for posters—it is the defining principle that will serve as the foundation of our administration.Our foremost duty is to lift the nation from poverty through honest and effective governance.The first step is to have leaders who are ethical, honest, and true public servants. I will set the example. I will strive to be a good model. I will not break the trust you have placed in me. I will ensure that this, too, will be the advocacy of my Cabinet and those who will join our government.I do not believe that all of those who serve in our government are corrupt. In truth, the majority of them are honest. They joined government to serve and do good. Starting today, they will have the opportunity to show that they have what it takes. I am counting on them to help fight corruption within the bureaucracy.To those who have been put in positions by unlawful means, this is my warning: we will begin earning back the trust of our people by reviewing midnight appointments. Let this serve as a warning to those who intend to continue the crooked ways that have become the norm for too long.To our impoverished countrymen, starting today, your government will be your champion.We will not disregard the needs of our students. We will begin by addressing the glaring shortage in classrooms and educational facilities. Gradually, we will lessen the lack of infrastructures for transportation, tourism and trade. From now on, mediocre work will not be good enough when it comes to roads, bridges, and buildings because we will hold contractors responsible for maintaining their projects in good condition.We will revive the emergency employment program established by former President Corazon Aquino. This will provide jobs for local communities and will help in the development of their and our economy.We will not be the cause of your suffering or hardship. We will strengthen collections by the Bureau of Internal Revenue and we will fight corruption in the Bureau of Customs in order to fund our objectives for the public welfare, such as:• Quality education, including vocational education, so that those who choose not to attend college or those who cannot afford it can find dignified livelihood;• Improved public health services such as PhilHealth for all within three years;• A home for every family, within safe communities.We will strengthen the armed forces and the police, not to serve the interests of those who want to wield power with impunity, but to give added protection for ordinary folk. The armed forces and the police risk their lives daily so that the nation can live in peace and security. The population has doubled and yet their numbers remain unchanged. It is not right that those who make sacrifices are treated pitifully.If there was a fertilizer scam in the past, today there will be security for farmers. We will help them with irrigation, extension services, and marketing their products at the best possible prices.We are directing Secretary Alcala to set up trading centers that will directly link farmers and consumers thereby eliminating middlemen and opportunities for corruption. In this way, funds can be shared by farmers and consumers. We will make our country attractive to investors. We will cut red tape dramatically and implement stable economic policies. We will level the playing field for investors and make government an enabler, not a hindrance to business. This is the only means by which we can provide jobs for our people.Our goal is to create jobs at home so that there will be no need to look for employment abroad. However, as we work towards that end, I am ordering the DFA, POEA, OWWA, and other relevant agencies to be even more responsive to the needs and welfare of our overseas Filipino workers.We will strengthen the process of consultation and feedback. We will strive to uphold the constitutional right of citizens to information on matters of public concern.We relived the spirit of people power during the campaign. Let it take us to good and effective governance. Those who believe in people power put the welfare of others before their own.I can forgive those who did me wrong but I have no right to forgive those who abused our people.To those who talk about reconciliation, if they mean that they would like us to simply forget about the wrongs that they have committed in the past, we have this to say: there can be no reconciliation without justice. When we allow crimes to go unpunished, we give consent to their occurring over and over again. Secretary de Lima, you have your marching orders. Begin the process of providing true and complete justice for all.We are also happy to inform you the acceptance of Chief Justice Hilario Davide of the challenge of strengthening and heading a Truth Commission that will shed light on many unanswered issues that continue to haunt our country.My government will be sincere in dealing with all the peoples of Mindanao. We are committed to a peaceful and just settlement of conflict, inclusive of the interests of all -- may they be Lumads, Bangsamoro or Christian.We shalI defeat the enemy by wielding the tools of justice, social reform, and equitable governance leading to a better life. With proper governance life will improve for all. When we are all living well, who will want to go back to living under oppression?If I have all of you by my side, we will be able to build a nation in which there will be equality of opportunity, because each of us fulfilled our duties and responsibilities equally.After the elections, you proved that it is the people who wield power in this country. This is what democracy means. It is the foundation of our unity. We campaigned for change. Because of this, the Filipino stands tall once more. We are all part of a nation that can begin to dream again.To our friends and neighbors around the world, we are ready to take our place as a reliable member of the community of nations, a nation serious about its commitments and which harmonizes its national interests with its international responsibilities.We will be a predictable and consistent place for investment, a nation where everyone will say, “it all works.”Today, I am inviting you to pledge to yourselves and to our people. No one shall be left behind.No more junkets, no more senseless spending. No more turning back on pledges made during the campaign, whether today or in the coming challenges that will confront us over the next six years. No more influence-peddling, no more patronage politics, no more stealing. No more sirens, no more short cuts, no more bribes. It is time for us to work together once more.We are here today because we stood together and believed in hope. We had no resources to campaign other than our common faith in the inherent goodness of the Filipino.The people who are behind us dared to dream. Today, the dream starts to become a reality. To those among you who are still undecided about sharing the common burden I have only one question: Are you going to quit now that we have won?You are the boss so I cannot ignore your orders. We will design and implement an interaction and feedback mechanism that can effectively respond to your needs and aspirations.You are the ones who brought me here—our volunteers—old, young, celebrity, ordinary folks who went around the country to campaign for change; my household help who provided for all my personal needs; my family, friends, colleagues at work, who shared, cared, and gave their support; my lawyers who stayed all hours to guard my votes and make sure they were counted; and the millions of Filipinos who prevailed, kept faith, and never lost hope - I offer my heartfelt gratitude.I will not be able to face my parents and you who have brought me here if do not fulfill the promises I made.My parents sought nothing less, died for nothing less, than democracy and peace. I am blessed by this legacy. I shall carry the torch forward.My hope is that when I leave office, everyone can say that we have traveled far on the right path, and that we are able to bequeath a better future to the next generation. Join me in continuing this fight for change.Thank you and long live the Filipino people!

Inaugural Speech of President Benigno C. Aquino III

INQUIRER.netFirst Posted 12:43:00 06/30/2010



His Excellency Jose Ramos Horta, Former President Fidel V. Ramos, Former President Joseph Estrada, Senate President Juan Ponce Enrile and members of the Senate, House Speaker Prospero Nograles and members of the House, justices of the Supreme Court, members of the foreign delegations,Your Excellencies of the diplomatic corps, fellow colleagues in government, aking mga kababayan.


Ang pagtayo ko dito ngayon ay patunay na kayo ang aking tunay na lakas. Hindi ko inakala na darating tayo sa puntong ito, na ako’y manunumpa sa harap ninyo bilang inyong Pangulo. Hindi ko pinangarap maging tagapagtaguyod ng pag-asa at tagapagmana ng mga suliranin ng ating bayan.Ang layunin ko sa buhay ay simple lang: maging tapat sa aking mga magulang at sa bayan bilang isang marangal na anak, mabait na kuya, at mabuting mamamayan.Nilabanan ng aking ama ang diktaturya at ibinuwis niya ang kanyang buhay para tubusin ang ating demokrasya. Inalay ng aking ina ang kanyang buhay upang pangalagaan ang demokrasyang ito. Ilalaan ko ang aking buhay para siguraduhin na ang ating demokrasya ay kapaki-pakinabang sa bawat isa. Namuhunan na kami ng dugo at handang gawin itong muli kung kinakailangan. Tanyag man ang aking mga magulang at ang kanilang mga nagawa, alam ko rin ang problema ng ordinaryong mamamayan. Alam nating lahat ang pakiramdam na magkaroon ng pamahalaang bulag at bingi. Alam natin ang pakiramdam na mapagkaitan ng hustisya, na mabalewala ng mga taong pinagkatiwalaan at inatasan nating maging ating tagapagtanggol.Kayo ba ay minsan ring nalimutan ng pamahalaang inyong iniluklok sa puwesto? Ako rin. Kayo ba ay nagtiis na sa trapiko para lamang masingitan ng isang naghahari-hariang de-wangwang sa kalsada? Ako rin. Kayo ba ay sawang-sawa na sa pamahalaang sa halip na magsilbi sa taumbayan ay kailangan pa nila itong pagpasensiyahan at tiisin? Ako rin.Katulad ninyo ako. Marami na sa atin ang bumoto gamit ang kanilang paa—nilisan na nila ang ating bansa sa kanilang paghahanap ng pagbabago at katahimikan. Tiniis nila ang hirap, sinugod ang panganib sa ibang bansa dahil doon may pag-asa kahit kaunti na dito sa atin ay hindi nila nakikita. Sa iilang sandali na sarili ko lang ang aking inaalala, pati ako ay napag-isip din—talaga bang hindi na mababago ang pamamahala natin dito? Hindi kaya nasa ibang bansa ang katahimikang hinahanap ko? Saan ba nakasulat na kailangang puro pagtitiis ang tadhana ng Pilipino?Ngayon, sa araw na ito—dito magwawakas ang pamumunong manhid sa mga daing ng taumbayan. Hindi si Noynoy ang gumawa ng paraan, kayo ang dahilan kung bakit ngayon, magtatapos na ang pagtitiis ng sambayanan. Ito naman ang umpisa ng kalbaryo ko, ngunit kung marami tayong magpapasan ng krus ay kakayanin natin ito, gaano man kabigat.Sa tulong ng wastong pamamahala sa mga darating na taon, maiibsan din ang marami nating problema. Ang tadhana ng Pilipino ay babalik sa tamang kalagayan, na sa bawat taon pabawas ng pabawas ang problema ng Pinoy na nagsusumikap at may kasiguruhan sila na magiging tuloy-tuloy na ang pagbuti ng kanilang sitwasyon. Kami ay narito para magsilbi at hindi para maghari. Ang mandato ninyo sa amin ay pagbabago—isang malinaw na utos para ayusin ang gobyerno at lipunan mula sa pamahalaang iilan lamang ang nakikinabang tungo sa isang pamahalaang kabutihan ng mamamayan ang pinangangalagaan. Ang mandatong ito ay isa kung saan kayo at ang inyong pangulo ay nagkasundo para sa pagbabago—isang paninindigan na ipinangako ko noong kampanya at tinanggap ninyo noong araw ng halalan.
Sigaw natin noong kampanya: “Kung walang corrupt, walang mahirap.” Hindi lamang ito pang slogan o pang poster—ito ang mga prinsipyong tinatayuan at nagsisilbing batayan ng ating administrasyon. Ang ating pangunahing tungkulin ay ang magsikap na maiangat ang bansa mula sa kahirapan, sa pamamagitan ng pagpapairal ng katapatan at mabuting pamamalakad sa pamahalaan. Ang unang hakbang ay ang pagkakaroon ng tuwid at tapat na hanay ng mga pinuno. Magsisimula ito sa akin. Sisikapin kong maging isang mabuting ehemplo. Hinding hindi ko sasayangin ang tiwalang ipinagkaloob ninyo sa akin. Sisiguraduhin ko na ganito rin ang adhikain ng aking Gabinete at ng mga magiging kasama sa ating pamahalaan. Naniniwala akong hindi lahat ng nagsisilbi sa gobyerno ay corrupt. Sa katunayan, mas marami sa kanila ay tapat. Pinili nilang maglingkod sa gobyerno upang gumawa ng kabutihan. Ngayon, magkakaroon na sila ng pagkakataong magpakitang-gilas. Inaasahan natin sila sa pagsupil ng korapsyon sa loob mismo ng burukrasya.Sa mga itinalaga sa paraang labag sa batas, ito ang aking babala: sisimulan natin ang pagbabalik ng tiwala sa pamamagitan ng pag-usisa sa mga “midnight appointments.” Sana ay magsilbi itong babala sa mga nag-iisip na ipagpatuloy ang baluktot na kalakarang nakasanayan na ng marami.Sa mga kapuspalad nating mga kababayan, ngayon, ang pamahalaan ang inyong kampeon. Hindi natin ipagpapaliban ang mga pangangailangan ng ating mga estudyante, kaya’t sisikapin nating punan ang kakulangan sa ating mga silid-aralan. Unti-unti din nating babawasan ang mga kakulangan sa imprastraktura para sa transportasyon, turismo at pangangalakal. Mula ngayon, hindi na puwede ang “puwede na” pagdating sa mga kalye, tulay at gusali dahil magiging responsibilidad ng mga kontratista ang panatilihing nasa mabuting kalagayan ang mga proyekto nila. Bubuhayin natin ang programang “emergency employment” ng dating pangulong Corazon Aquino sa pagtatayo ng mga bagong imprastraktura na ito. Ito ay magbibigay ng trabaho sa mga local na komunidad at makakatulong sa pagpapalago ng kanila at ng ating ekonomiya. Hindi kami magiging sanhi ng inyong pasakit at perwisyo. Palalakasin natin ang koleksyon at pupuksain natin ang korapsyon sa Kawanihan ng Rentas Internas at Bureau of Customs para mapondohan natin ang ating mga hinahangad para sa lahat, tulad ng:• dekalidad na edukasyon, kabilang ang edukasyong bokasyonal para makapaghanap ng marangal na trabaho ang hindi makapag-kolehiyo; • serbisyong pangkalusugan, tulad ng Philhealth para sa lahat sa loob ng tatlong taon; • tirahan sa loob ng mga ligtas na komunidad. Palalakasin at palalaguin natin ang bilang ng ating kasundaluhan at kapulisan, hindi para tugunan ang interes ng mga naghahari-harian, ngunit para proteksyunan ang mamamayan. Itinataya nila ang kanilang buhay para mayroong pagkakataon sa katahimikan at kapayapaan sa sambayanan. Dumoble na ang populasyong kanilang binabantayan, nanatili naman sila sa bilang. Hindi tama na ang nagmamalasakit ay kinakawawa. Kung dati ay may fertilizer scam, ngayon ay may kalinga na tunay para sa mga magsasaka. Tutulungan natin sila sa irigasyon, extension services, at sa pagbenta ng kanilang produkto sa pinakamataas na presyong maaari. Inaatasan natin si papasok na Kalihim Alcala na magtayo ng mga trading centers kung saan diretso na ang magsasaka sa mamimili - lalaktawan natin ang gitna, kasama na ang kotong cop. Sa ganitong paraan, ang dating napupunta sa gitna ay maari nang paghatian ng magsasaka at mamimili. Gagawin nating kaaya-aya sa negosyante ang ating bansa. We will cut red tape dramatically and implement stable economic policies. We will level the playing field for investors and make government an enabler, not a hindrance, to business. Sa ganitong paraan lamang natin mapupunan ang kakulangan ng trabaho para sa ating mga mamamayan. Layunin nating paramihin ang trabaho dito sa ating bansa upang hindi na kailanganin ang mangibang-bansa para makahanap ng trabaho. Ngunit habang ito ay hindi pa natin naaabot, inaatasan ko ang mga kawani ng DFA, POEA, OWWA at iba pang mga kinauukulang ahensiya na mas lalo pang paigtingin ang pagtugon sa mga hinaing at pangangailangan ng ating mga overseas Filipino workers. Papaigtingin namin ang proseso ng konsultasyon at pag-uulat sa taumbayan. Sisikapin naming isakatuparan ang nakasaad sa ating Konstitusyon na kinikilala ang karapatan ng mamamayan na magkaroon ng kaalaman ukol sa mga pampublikong alintana.Binuhay natin ang diwa ng people power noong kampanya. Ipagpatuloy natin ito tungo sa tuwid at tapat na pamamahala. Ang naniniwala sa people power ay nakatuon sa kapwa at hindi sa sarili.Sa mga nang-api sa akin, kaya ko kayong patawarin, at pinapatawad ko na kayo. Sa mga nang-api sa sambayanan, wala akong karapatan na limutin ang inyong mga kasalanan.To those who are talking about reconciliation, if they mean that they would like us to simply forget about the wrongs that they have committed in the past, we have this to say: there can be no reconciliation without justice. Sa paglimot ng pagkakasala, sinisigurado mong mauulit muli ang mga pagkakasalang ito. Secretary de Lima, you have your marching orders. Begin the process of providing true and complete justice for all. Ikinagagalak din naming ibahagi sa inyo ang pagtanggap ni dating Chief Justice Hilario Davide sa hamon ng pagtatatag at pamumuno sa isang Truth Commission na magbibigay linaw sa maraming kahinahinalang isyu na hanggang ngayon ay walang kasagutan at resolusyon. Ang sinumang nagkamali ay kailangang humarap sa hustisya. Hindi maaaring patuloy ang kalakaran ng walang pananagutan at tuloy na pang-aapi.My government will be sincere in dealing with all the peoples of Mindanao. We are committed to a peaceful and just settlement of conflicts, inclusive of the interests of all – may they be Lumads, Bangsamoro or Christian. We shalI defeat the enemy by wielding the tools of justice, social reform, and equitable governance leading to a better life. Sa tamang pamamahala gaganda ang buhay ng lahat, at sa buhay na maganda, sino pa ang gugustuhing bumalik sa panahon ng pang-aapi?Kung kasama ko kayo, maitataguyod natin ang isang bayan kung saan pantay-pantay ang pagkakataon, dahil pantay-pantay nating ginagampanan ang ating mga pananagutan.Kamakailan lamang, ang bawat isa sa atin ay nanindigan sa presinto. Bumoto tayo ayon sa ating karapatan at konsensiya. Hindi tayo umatras sa tungkulin nating ipaglaban ang karapatang ito.Pagkatapos ng bilangan, pinatunayan ninyo na ang tao ang tunay na lakas ng bayan. Ito ang kahalagahan ng ating demokrasya. Ito ang pundasyon ng ating pagkakaisa. Nangampanya tayo para sa pagbabago. Dahil dito taas-noo muli ang Pilipino. Tayong lahat ay kabilang sa isang bansa kung saan maaari nang mangarap muli.To our friends and neighbors around the world, we are ready to take our place as a reliable member of the community of nations, a nation serious about its commitments and which harmonizes its national interests with its international responsibilities. We will be a predictable and consistent place for investment, a nation where everyone will say, “it all works.” Inaanyayahan ko kayo ngayon na manumpa sa ating mga sarili, sa sambayanan, WALANG MAIIWAN. Walang pangingibang-bayan at gastusan na walang wastong dahilan. Walang pagtatalikod sa mga salitang binitawan noong kampanya, ngayon at hanggang sa mga susunod pang pagsubok na pagdadaanan sa loob ng anim na taon. Walang lamangan, walang padrino at walang pagnanakaw. Walang wang-wang, walang counterflow, walang tong. Panahon na upang tayo ay muling magkawang-gawa. Nandito tayo ngayon dahil sama-sama tayong nanindigan at nagtiwala na may pag-asa. The people who are behind us dared to dream. Today, the dream starts to become a reality. Sa inyong mga nag-iisip pa kung tutulong kayo sa pagpasan ng ating krus, isa lang ang aking tanong – kung kailan tayo nanalo, saka pa ba kayo susuko? Kayo ang boss ko, kaya’t hindi maaaring hindi ako makinig sa mga utos ninyo. We will design and implement an interaction and feedback mechanism that can effectively respond to the people’s needs and aspirations. Kayo ang nagdala sa akin sa puntong ito—ang ating mga volunteers—matanda, bata, celebrity, ordinaryong tao, na umikot sa Pilipinas para ikampanya ang pagbabago; ang aking mga kasambahay, na nag-asikaso ng lahat ng aking mga personal na pangangailangan; ang aking pamilya, kaibigan at katrabaho, na dumamay, nag-alaga at nagbigay ng suporta sa akin; ang ating mga abogado, na nagpuyat para bantayan ang ating mga boto at siguraduhing mabibilang ang bawat isa; ang aking mga kapartido at kaalyado na kasama kong nangahas mangarap; at ang milyun-milyong Pilipinong nagkaisa, nagtiwala at hindi nawalan ng pag-asa—nasa inyo ang aking taus-pusong pasasalamat.Hindi ko makakayang harapin ang aking mga magulang, at kayong mga nagdala sa akin sa yugto ng buhay kong ito, kung hindi ko maisasakatuparan ang aking mga binitawang salita sa araw na ito.My parents sought nothing less and died for nothing less than democracy, peace and prosperity. I am blessed by this legacy. I shall carry the torch forward.Layunin ko na sa pagbaba ko sa katungkulan, masasabi ng lahat na malayo na ang narating natin sa pagtahak ng tuwid na landas at mas maganda na ang kinabukasang ipapamana natin sa susunod na henerasyon. Samahan ninyo ako sa pagtatapos ng laban na ito. Tayo na sa tuwid na landas.Maraming salamat po at mabuhay ang sambayanang Pilipino!

High court suspends Lozano, daughter for professional misconduct

By Tetch Torres INQUIRER.net
First Posted 16:45:00 06/22/2010
Filed Under: Punishment, Legal issues, Judiciary (system of justice)

MANILA, Philippines—A month after his appointment, Chief Justice Renato Corona Tuesday sanctioned three lawyers, a retired judge and two court employees for committing various infractions, including father and daughter lawyers Oliver Lozano and Evangeline Lozano-Endriano.

The Lozanos were indefinitely suspended for grave professional misconduct. In its resolution, the high court en banc said the Lozanos have misquoted and misused constitutional provisions and showed “a reckless lack of respect and disregard for our system of justice” for filing without any legal or factual basis a criminal complaint before the Office of the Ombudsman against retired Chief Justice Hilario G. Davide Jr. and retired SC Justice Alicia Austria-Martinez.

It pointed that the Lozanos are “unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney.” The suspension took effect immediately. The Court also held that any proven violation of the said suspension order would result in the Lozanos’ outright disbarment.

Last March 2, the high court issued a resolution dismissing for utter lack of merit the graft complaint against retired Chief Justice Davide, Jr. and Justice Martinez and ordered the Lozanos to “explain in writing” why they should not be sanctioned.

The criminal complaint against Davide and Martinez stemmed from their participation in the Resolution of the high court’s first division that ruled in the consolidated cases of Heirs of Antonio Pael v. CA and Destura v. CA.

In their complaint, the Lozanos alleged that Davide, then Division Chair, and Martinez, committed unlawful acts in resolving the cases, including overturning the findings of fact of the Court of Appeals.

Meanwhile, the high court, through Senior Justice Antonio T. Carpio, ordered Atty. James Benedict Florido suspended for one year for violating Canon 19 and Rules 1.02 and 15.07 of the Code of Professional Responsibility.

Florido is the counsel for the minority stockholders of the Rural Bank of Calape, Inc. (RBCI) Bohol, and his clients forcibly took over the management and the premises of RBCI on April 1, 2002 without a valid court order.

In its ruling, the Court ruled that “a lawyer must employ only fair and honest means to attain the lawful objectives of his client and that it’s one’s duty to counsel his clients to use peaceful and lawful methods in seeking justice and refrain from doing an intentional wrong to their adversaries.”

The high court also fined (Ret.) Judge Antonio A. Carbonell of the San Fernando City, La Union Regional Trial Court, Branch 27, P10,000 for simple misconduct. The amount shall be deducted from Carbonell’s retirement benefits which have been withheld.

Carbonell has been sanctioned after the high court affirmed the findings of the Office of the Court Administrator.

How to Digest Cases

Case digest is a digest, hence it must be concise.

1. Speed read the entire case. This will give you an overall picture or idea of what the case is all about.

2. Read the dispositive portion. This can be found at the last part of the decision which usually states "WHEREFORE ... "

3. Identify the issue first. So that while reading the whole text, you will know which facts are important.

4. Read the entire case at your normal speed.

5. Pick up only the ultimate facts which are relevant to the issue. Ignore those which do not have something to do with how the issue came about. This includes unnecessary dates. This is the reason why you need to know the issue first.

6. Identify how the Supreme Court ourt settled the issue. If you are using the SCRA, check the syllabi of the case. Quote the exact phrase/s or paragraph/s.

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THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

A.M. No. 08-8-7-SC November 21, 2000

RE: THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

R E S O L U T I O N

Acting on the recommendation of the Chairperson, Technical Working Group, Committee on Revision of the Rules of Court, submitting for the consideration and approval of the Court the proposed "The Rule of Procedure for Small Claims Cases," the Court Resolved to APPROVE the same.

The Rule shall take effect on October 01, 2008 following its publication two (2) newspaper of general circulation.

September 9, 2008


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RULE OF PROCEDURE FOR SMALL CLAIMS CASES

Section 1. Title. - This Rule shall be known as " The Rule of Procedure for Small Claims Cases."

Section 2. Scope. - This Rule shall govern the procedure in actions before the Metropolitan trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs.

Section 3. Definiton of Terms. - For purposes of this Rule:

(a) Plaintiff - refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against plainfill;

(b) Defendant - is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim;

(c) Person - is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law;

(d) Individual - is a natural person;

(e) Motion - means a party's request, written or oral, to the court for an orderaction. It shall include an informal written request to the court, such as a letter;

(f) Good cause - means circumtances sufficient to justify the requested order or other action, as determined by the judge; and

(g) Affidavit - means a written statement or declaration of facts that are shown or affirmed to be true.

Section 4. Applicability - The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are; (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule of 111 of the Revised Rules of Criminal Procedure.

These claims or demands may be;

(a) For money owned under any of the following;

1. Contract of Lease;

2. Contract of Loan;

3. Contract of Services;

4. Contract of Sale; or

5. Contract of Mortgage;

(b) For damages arising from any of the following;

1. Fault or negligence;

2. Quasi-contract; or

3. Contract;

(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.

Section 5. Commencement of Small Claims Action. - A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1 - SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A,SCC), and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of additional evidence.

No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.

Section 6. Joinder of Claims - Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,00.00.

Section 7. Affidavits - The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence.

A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.

Section 8. Payment of Filing Fees. - The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.

A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case. If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases.

Section 9. Dismissal of the Claim. - After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright of any of the grounds apparent from the Claim for the dismissal of a civil action.

Section 10. Summons and Notice of Hearing - If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.

The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule.

The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant. The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule.

Section 11. Response - The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a non - extendible period of ten (10) days from receipt of summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.

Section 12. Effect of Failure to File Response - Should the defendant fail to file his response within the required period, the court by itself shall render judgement as may be warranted by the facts alleged in the Statement of claim limited to what is prayed for. The court however, may, in its discretion, reduce the amount of damages for being excessive or unconscionable

Section 13. Counterclaims Within the Coverage of this Rule - If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff's claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the response; otherwise, the defendant shall be barred from suit on the counterclaim.

The defendant may also elect to the file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence , provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and the other legal fees are paid.

Section 14. Prohibited Pleadings and Motions - The following pleadings, motions, and petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the compliant except on the ground of lack of jurisdiction;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgement, or for reopening of trial;

(d) Petiton for relief from judgement;

(e) Motion for extension of time to file pleadings, affidavits, or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

Section 15. Availability of Forms; Assistance by Court Personnel. - The Clerk of Court or other personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.

Section 16. Appearance. - the parties shall appear at the designated date of hearing personally or through a representative authorized under a Special Power of Attorney (Form 5-SCC ) to enter into an amicable settlement, to submit of Judicial Dispute Resolution (JDR) and to enter into stipulations or admissions of facts and of documentary exhibits

Section 17. Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter's consent.

Section 18. Non-appearance of Parties. - Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgement on a permissive counterclaim.

Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing.

Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.

Section 19. Postponement When Allowed. - A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.

Section 20. Duty of the Court. - At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.

Section 21. Judicial Dispute Resolution. - At the hearing, the judge shall conduct Judicial Dispute Resolution (JDR) through mediation, conciliation, early neutral evaluation, or any other mode of JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC).

Section 22. Failure of JDR. - If JDR fails and the parties agree in writing (Form 10-SCC) that the hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so proceed in an informal and expeditious manner and terminated within one (1) day.

Absent such agreement, (a) in case of a multi-sala court , the case shall, on the same day, be transmitted (Form 11-SCC) to the Office of the Clerk of Court for immediate referral by the Executive Judge to the pairing judge for hearing and decision within five (5) working days from referral; and (b) in case of single sala court, the pairing judge shall hear and decide the case in the court of origin within five (5) working days from referral by the JDR judge.

Section 23. Decision. - After the hearing, the court shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC). The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.

The decision shall be final and unappealable.

Section 24. Execution. - If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).

Section 25. Applicability. of the Rules of Civil Procedure - The Rules of Civil procedure shall apply suppletorily insofar as they are not inconsistent with this rule.

Section 26. Effectivity. - This Rule shall take effect on October 01, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspaper of general circulation.




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RATIONALE
of the
Proposed Rule of Procedure for Small Claims Cases

a. Introduction

The most significant recurring theme of every program for judicial reform of the Supreme Court is the pressing need for a more accessible, much swifter and less expensive delivery of justice. Undeniably, the slow grind of the wheels of justice is the result of a variety of factors, foremost of which is the perennial congestion of court dockets which has transformed court litigation into a protracted battle, that invariably exhausts the time, effort and resources of party-litigants, especially the poor. Many strategies have been devised to unclog heavy court dockets, and one such approach is the use on mandatory Pre-trial and Alternative Dispute Resolutions mechanisms such as mediation, arbitration and conciliation. Another scheme that has been widely used in many foreign legal system but which has yet to be tried in the Philippines is the small claims case processing method used by small claims courts, often referred to as the "People’s Court," as it comes most directly into contact with the citizenry of a jurisdiction.

Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction: it may be known by such names as county court or magistrate’s court. Small claims courts can be found in Australia, Canada, Ireland, Israel, New Zealand, South Africa, Hong Kong, Singapore, the United Kingdom and the United States.

b. The History and the Reforms of Small Claims Court

1.In the United States1

For almost a century now, small claims courts have provided a form of alternative dispute resolution (ADR) in the United States. Originating around 1912 or 1913, these courts were established primarily as a means for small businesses to collect money from borrowers through a process that was faster, less formal, and less expensive than traditional civil litigation.

Following the lead of the establishment of the initial small claim court in Kansas, USA in 1912 or 1913, every state in the United States has created some form of a small claims court system. Although the financial claims limits, methods or procedure, and overall structure vary from state to state, the concept is essentially the same, i.e., that relatively minor disputes, involving dollar amounts that are insufficient to warrant processing the case through the normal court procedure, justify expeditious and simplified handling.

The consumer justice reform movements of the 1960s and 1970s brought renewed research and interest in the small claims courts. This movement emphasized the need for reform of small claims courts to facilitate the adjudication of consumer grievances. Although "consumer justice reformers" were concerned that businesses and corporations were more likely to use attorneys in small claims courts thereby placing inexperienced individual defendants at a disadvantage, studies showed that defendants with an attorney were more likely to win against plaintiff’s than unrepresented defendants, whereas palintiffs without attorneys did just as well as represented plaintiffs against unrepresented defendants. The result was an appraisal of the need to bar attorneys and collection agencies from the small claims courts.

Small claims courts in the United States are often considered courts of equity and are not necessarily bound by the letter of the law. The courts have flexibility to use more holistic approaches to problem solving and dispute resolution than what is typical. Most judges act according to what makes sense to them, even if this means setting aside legal formalities. Moreover, traditional rules of evidence and court processes do not apply. The rules of small claims courts emphasize conciliation and pragmatism over winning, and rules of evidence and evil procedure have been simplified to allow maximum access to the courts by individuals unable to afford an attorney.

2. Small Claims Courts in Canada2

All provinces in Canada have procedures for small claims. In general, there are two different models. In most provinces, as in British Columbia, Alberta, and new Brunswick, small claims courts operate independently of the superior courts. In other jurisdictions, the small claims courts are either branches or divisions of the superior courts.

The small claims courts are meant to be an easier and less expensive way to resolve disputes than in the superior courts. Small Claims Court procedure is regulated both by provincial legislation and rules in most provinces. It is simplified and less costly with no strict pleading requirements and formal discovery process.

3. Small Claims Courts in England and Wales?3

From early times, England had a tradition of local courts where ordinary men could pursue justice in the form of civil claims without the aid of lawyers. Some were set up by local statutes, others by custom. These local courts could not keep pace with the changes in the society brought about by the Industrial Revolution. By the 1830s, the decade of great liberal reform, there was a great public awakening to the urgent need for constitutional reform in the administration of justice. The result was the County Courts Act of 1846, described in its preamble as an "Act For The More Easy Recovery of Small Debts and Demands in England. " It was initially a poor man’s court. Andrew Amos, the first judge at Marylebone County, described regular litigants as being "a great proportion of the poorer classes, gaining their livelihoods by bricklaying, gardening or other out of door occupations against whom are usually issued in the summer months." The county court’s jurisdiction for claims brought in contract and tort gradually increased from ₤50 in1888 to ₤5,000 in 1894.

The purpose and structure of the county court system has in many ways remained the same since 1846. The aim is still to make civil justice available locally – there are now 223 county courts in England and Wales. They have continued to be responsive to the needs of smaller cases which, although small in terms of their financial value, are important to the litigants involved. However, recent decades have seen two major changes in relation to small claims – first, the introduction of the Civil procedure Rules reforms of 1998 with emphasis on proportionality.

4

Since January 1996, when the small claims limits in England and Wales was trebled overnight to ₤3,000, district judges have been expected to play the role of "interventionist" and assist litigants in presenting their own cases personally at small claims hearings. Like adjudicators in other parts of the world, district judges in these countries have been encouraged to intervene to an increasing extent at small claims hearings. Such interventionism is, indeed, vital and although there may be wide variations between jurisdictions in the methods that are adopted to deal with small claims, the idea of the adjudicator freely entering the arena of the dispute to assist unrepresented litigants is fundamental in almost all matters about small claims.

4. Small Claims Tribunals in Singapore5

The Small Claims Tribunals in Singapore have been in operation since 1 February 1985. The tribunals have fulfilled an integral role in providing the community with accessible justice for civil claims involving small amounts. Various features and programs have been put in place to enhance access to justice for the community, by removing barriers such as cost, delay, distance, time and inconvenience. The Tribunals, constituted as part of the Subordinate Courts of Singapore, were established for the primary purpose of providing a quick and inexpensive avenue for the resolution of small claims arising from disputes between consumers and suppliers. There was a need for a less expensive and less formal forum to deal with such small claims. Hence, in 1985, the Small Claims Tribunals Act was passed, which authorized the setting up of one or more Tribunals to help consumers who have claims of up to $2,000 relating to disputes arising from contracts for the sale of goods or the provision of services.

c. Introduction of the Concept of Small Claims Court in the Philippines

The idea of establishing Small Claims Courts in the Philippines was first proposed to the Supreme Court through a study conducted in 1999 by Justice Josue N. Bellosillo, former Senior Associate Justice of the Supreme Court. After observing small claims courts and interviewing judges of such courts in Dallas, Texas, United States in 1999, Justice Bellosillo proposed in a Report that courts can be established in the Philippines to handle exclusively small claims without the participation of lawyers and where ordinary litigants can prosecute and defend a small claims action through ready-made forms. He envisioned the small claims courts as another positive approach, in addition to mandatory pre-trial, for solving court congestion and delay. 6The study and report was subsequently endorsed for legislative action to Senator Franklin Drilon who later funded a project for this purpose.

At the regular session of the Fourteenth Congress, House Bill No. 2921 entitled "An Act Establishing Small Claims Courts" was introduced by Congressman Jose V. Yap. Thereafter, on July 3, 2007, Senate Bill No. 800 entitled "Philippines Small Claims Court Act" was filed by Senator Ramon A. Revilla, Jr. and, on September 3, 2007, the bill passed First Reading and was referred to the Committee(s) on Justice and Human Rights and Finance. The same is still pending with these committees at present.

In 2007, the United States Agency for International Development (USAID) awarded a two-year grant to the American Bar Association Rule of Law Initiative (ABA-ROLI) to pursue judicial reform activities in the Philippines for the fiscal period October 2007 to September 30, 2009. 7In a letter to Chief Justice Reynato S. Puno dated October 10, 2007, ABA-ROLI proposed the establishment of small claims pilot courts among first level courts in different regions of the Philippines. The small claims pilot court project was proposed by ABA to USAID after consultation with various Supreme Court officials in conjunction with the 2000 Action Plan for Judicial Reform.

Among the critical issues being addressed by the APJR are case congestion and delay. The congestion of case dockets is central to a multitude of problems, either as cause or effect; it is either the manifestation of the source of other difficulties. Addressing this concern is thus an imperative8 which is why present reforms in judicial systems and procedures have included the following:

1. streamlining procedural rules to eliminate provisions that cause delay and permit dilatory tactics;

2. re-engineering the jurisdictional structure of the courts to ensure easy geographical access to the courts particularly by the poor litigants.

9

3. improving the case management system toward more transparency, accountability and integrity of the judicial process and for better efficiency; and

4. strengthening of the mediation mechanism to promote early dispute resolution nationwide. This involves the institutionalization of court-annexed mediation, and the establishment of a Mediation Center to continually monitor and assess the performance of the system and provide training and research.

Notwithstanding the absence of a law at the present time creating small claims courts in our country, 10the Supreme Court through a program in partnership with ABA-ROLI and USAID, can promulgate and implement a simplified rule of procedure exclusively for small claims and assign a certain number of existing first level courts to take cognizance of small claims. 11This does not need legislative action as the Court can designate several first level courts all over the country to jump-start the pilot project. Thus, pursuant to its rule-making power, 12the Court under the present Constitution can adopt a special rule of procedure to govern small claims cases and select pilot courts that would empower the people to bring suits before them pro se to resolve legal disputes involving simple issues of law and procedure without the need for legal representations and extensive judicial intervention. This system will enhance access to justice especially by those who cannot afford the high costs of litigation even in cases of relatively small value.13 It is expeditious rules and means, our Court can improve the perception of justice in this country, thus giving citizens a renewed "stake" in preserving peace in the land. This is a hopeful message to our people that "there is no need to despair for there is deliverance in law; that is a promise that has been fulfilled by law in the past; it is a promise law will again fulfill in the future."14

In December 2007, the Supreme Court established a Technical Working Group composed of the Court Administrator, the Program Management Office Administrator, selected judges and other officials of the Supreme Court and the Integrated Bar of the Philippines to undertake the following activities:

5. The development of Rules and Procedures to Implement pilot Small Claims Courts;

6. The establishment of Criteria to Select Appropriate regions/Judges for pilot Small Claims Courts and set Peso Limits for the Small Claims Courts;

7. Through the Philippine Judicial Academy, the conduct of training programs for Judges and their personnel participating in the Pilot Small Claims Courts project; and

8. The employment of "justice on Wheels" buses to launch pilot small claims tribunals.

15

On June 23, 2008, the Technical Working Group finalized its draft of a Rule of procedure for Small Claims Cases. Highlights of the Proposed Rule are the following;

9. The Rule governs the procedure in actions before the first level courts, i.e., Metropolitan Trial Courts, Municipal Trials Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts (excluding Shari’a Circuit Courts) for the payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (₧100,000.00) exclusive of interest and costs.

Explanatory note: The purpose of a small claims process is to provide an inexpensive and expeditious means to settle disputes over small amounts. For purposes of the project, the amount has been set for claims involving amounts of not more than ₧100,000.00.

The theory behind the small claims system is that ordinary litigation fails to bring practical justice to the parties when the disputed claim is small, because the time and expense required by the ordinary litigation process is so disproportionate to the amount involved that it discourages a just resolution of the dispute. The small claims process is designed to function quickly and informally. There are no attorneys, no formal pleadings and no strict legal rules of evidence. The small claims court system is not a " typical inferior court." Parties are encouraged to file small claims court actions to resolve their minor disputes as opposed to resorting to self-help or forcible means to seek their remedy. (Pace v. Hillcrest Motor Co.,161 Cal. Rptr. 663, 664 Ct. App. 1980)

10. This Rule applies to all actions that are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment/reimbursement of a sum of money, and (b) the civil aspect of criminal actions, either filed prior to the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure. These claims or demands may be:

a. For money owed under any of the following:

1. Contract of lease;

2. Contract of loan;

3. Contract of services;

4. Contract of sale; or

5. Contract of mortgage;

b. For damages arising from:

1. Fault or negligence;

2. Quasi-contract; or

3. Contract;

c. Enforcement of a barangay amicable settlement or an arbitration award involving money claims covered by this Rule pursuant to Sec. 417 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991."

Explanatory Note: The kinds of cases that can be filed in Small Claims Court vary, but the case must seek money only. For example, a suit cannot be brought in Small Claims Court to force a person or business to fix a damaged good; or to demand fulfillment of a promised obligation which is not purely for money, or to seek money to compensate for pain and suffering. Some of the kinds of cases which are allowed as small claims include the following:

d. Actual damage caused to vehicles, other personal property, real property or person;

e. Payment or reimbursement for property, deposit, or money loaned;

f. Payment for services rendered, insurance claim, rent, commissions, or for goods sold and delivered;

g. Money claim pursuant to contact, warranty or agreement; and

h. Purely civil action for payment of money covered by bounced or stopped check.

h. A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim in duplicate, accompanied by Certification of Non-Forum Shopping, a nd two (2) duly certified photocopies of the actionable document/s subject of the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of additional evidence.

h. Plaintiff may join in a single Statement of Claim one or more separate small claims against a defendant as long as the costs, does not exceed P100,000.00.

h. The plaintiff shall pay the prescribed fees upon filing, unless allowed to litigate as an indigent.

h. For the purposes of this rule: (a) Plaintiff is the party who has filed a small claims action. The term includes a defendant who has filed a counterclaim against a plaintiff, (b) Defendant is the party against whom the plaintiff has a filed a small claims action. The term includes a plaintiff against whom defendant has filed a claim, or a person who replies to the claim; (c) Person is an individual, corporation, partnership, limited liability partnership, association, or other entity; (d) Individual is natural person: (e) Motion means a party’s request, written or oral, to the court for an order or other action. It shall include an informal written request to the court, such as a letter; (f) Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and (g) Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true.

Explanatory Note: A plaintiff may commence an action in the small claims court by filing a Statement of claim under oath with the Clerk of the first level court in person or by mail. The claim form shall be a simple non technical form approved or adopted by the Supreme Court. The claim form shall set forth (1) the name and address of the defendant, if known; (2) the amount and the basis of the claim: (3) that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property; (4) that the defendant has failed or refused to pay, and where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgement on his or her claim will be conclusive and without a right of appeal. The plaintiff should attach to the claim all documents necessary to proved his/her right to reliefs prayed for. The form or accompanying instructions shall include information that the plaintiff (1) may not represented by an attorney; (2) has no right to appeal; and (3) may ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is indigent unable to pay them, using the forms approved by the Supreme Court for the purpose.

h. The Court may dismiss the case outright on any of the grounds for dismissal of a civil actions provided by the Rules of the Civil Procedure. A defendant may challenges jurisdiction or venue or court location by including these defenses in his Response before appearing in the hearing, the court shall inquire into the facts sufficiently to determine whether jurisdiction and authority of the court over the action are proper, and shall make its determination accordingly.

Explanatory Note: Jurisdiction and venue requirements in small claims action shall be the same as in other civil actions provided in the Rules of Civil Procedure. A defendant may challenge jurisdiction or venue or court location by including these defenses in his Response before appearing in the scheduled hearing. In all cases, even if the defendant does not ask for dismissal of the case in the Response or appear at the hearing, the court shall inquire into the facts sufficiently to determine whether jurisdiction and authority of the court over the action are proper, and shall make its determination accordingly.

h. No Motion to Dismiss shall be allowed except on the grounds under Section 13 thereof (See No. X below).

h. Should the defendant fail to file a response within the required period, the court shall render judgement as may be warranted by the facts alleged in the Statement of Claim and limited to what prayed for therein. The court may, in its discretion, reduce the amount of damages for being excessive or otherwise unconscionable.

h. If at the time the action is commenced, a defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff’s claim; (c) does not require, for its adjudication, the joiner or third parties; and (d) is not the subject of another pending action, this claim shall be included as a counterclaim in the Response, otherwise, such counterclaim shall be barred.

The defendant may also elect to include in the Response a counterclaim against the plaintiff that does not arise out of the transaction or occurrence provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket fees are paid.

Explanatory Note: If a defendant has claim against a plaintiff that exceeds the limits stated in Section 2 of this Rule, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction. If said claim which is beyond the limit of money claim provided in this Rule is filed with the Response befire the Small Claims Court, the latter shall dismiss the counterclaim.

h. Prohibited pleadings and motions: (a) Motion to dismiss the complaint except on the ground of lack of jurisdiction; (b) Motion for bill of particulars; (c) Motion for new trial, or for reconsideration of a judgement, or for reopening of trial; (d) Petition for relief from judgement; (e) Motion for extension of time to file pleadings, affidavits, or any other paper; (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the defendant in default; (i) Dilatory motions for postponement; (j) Reply; (k) Third-party complaints; and (l) Interventions.

h. Availability of Forms for the Parties who shall be assisted by Clerk of Court.

h. The parties must personally appear at the hearing; if unable, then through a designated representative who must be duly authorized to enter into an amicable settlement.

h. Attorneys are not allowed at the hearing, except as plaintiff or defendant. However this does not preclude them from offerings their services in assisting the party to small claims case to prepare for the hearing or for other matters outside of the hearing. If the court determines that a party cannot properly present his/her claim of defense and needs assistance, the court may, in its discretion, allow another individual, who is not an attorney, to assist that party upon the latter’s consent.

Explanatory Note: Except as permitted by this section, no attorney shall appear in a small claims action except when the latter shall maintain or defend an action in any of the following capacities:

a. By or against himself or herself;

b. By or against a partnership in which he or she is general partner and in which all the partners are attorneys; or

c. By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.

Nothing in this section shall prevent an attorney from doing any of the following:

d. Providing advice to a party to a small claims action, either before or after the commencement of the action; or

e. Submitting an affidavit as a witness for a party in order to state facts of which he or she has personal knowledge and about which he or she competent to do so.

If the court determines that the party does not speak or understand English or Filipino sufficiently to comprehend the proceedings or give testimony, to the questions of the court, if any, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that the party. Any additional continuances shall be at the sound discretion of the court. If the court interpreter or other competent interpreter of the language or dialect known to the party is not available to aid that party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party An additional continuances shall be at the sound discretion of the court.

XV. Non-appearance of Parties. Failure of the plaintiff to appear shall be a cause for the dismissal of the complaint without prejudice. The defendant who appears shall be entitled to judgement on a permissive counterclaim.

On the other hand failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This is however shall not apply where one of two or more defendants sued under a common cause of action and who pleaded a common defense shall appear at the hearing.

Failure of both parties to appear shall causes the dismissal with prejudice of both the claim and counterclaim.

XVI. A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on that date and time. Every party may avail of only one (1) postponement.

Explanatory Note: A Party may submit an oral or written request to postpone a hearing date for good cause, as follows:

0. If the written request is writing, it may be made either by letter or on a form adopted or approved by the Supreme Court;

1. The request shall be filed before the hearing date and accompanied by proof of physical inability, unless the court determines that the requesting party has good cause to file the request on the date of hearing itself: and

2. If the court finds that the interest of justice would be served by postponing the hearing, the court shall do so and shall notify all parties by mail on the same day of the new hearing date, time and place.

This section does not limit the inherent power of the court to order postponement of hearing in strictly appropriate circumstances. The postponement fee of One Hundred Pesos (or as provided in Rule 141, Revised Rules of Court, as amended on Legal Fees) shall be charged and collected before the filing of a request for postponement and rescheduling of a hearing date.

XVII. Judicial Dispute Resolution. At the hearing, the court shall exert all efforts to encourage the parties to resolve their dispute through mediation, conciliation, early neutral evaluating or any other mode of JDR. Any settlement or resolution of the dispute shall be reduced into writing, signed by the parties, and submitted to the court for approval.

XVIII. If JDR fails and the parties agree in writing (Form 10-SCC) that the hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so proceed in an informal and expeditious manner and terminated within one (1) day.

Absent such agreement, (a) in case of a multi-sala court, the court shall, on the same day, be transmitted (Form 11-SCC) to the Office of the Clerk of Court for immediate referral by the Executive Judge to the pairing judge for hearing and decision within five (5) working days from referral; and )b) in case of a single sala court, the pairing judge shall hear and decide the case in the court of origin within five (5) working days from referral by the JDR judge.

Explanatory Note: In hearing before the small claims court, witnesses shall still be sworn in. The judge shall conduct the hearing in an informal manner so as to do substantial justice between the parties. The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence provided in the Rules of Court, except that privileged communications shall not be admissible. The object of such hearings shall be to determine the rights of the litigants on the merits and to dispense expeditious justice between the parties.

An interventionist role by judges in such hearings is effective in eliciting evidence from litigants in person. It is seen by unrepresented parties as a "helping hand" which they appreciate, provided that judges avoid the danger of appearing to be partial. By discussing the facts of the case, judges find what common ground does exist between the parties. This tends to narrow the differences between the parties and make the final judicial decision easier – whereas traditional open court trials, with the presence of lawyers and the use of cross-examination tend to polarize the parties, increase antagonism and heighten the differences.

In this regard, Lord Woolf, Great Britain’s case management expert, has observed:

"The role of the judge in small claims is not only that of an adjudicator. It is a key safeguard of the rights of both parties. In most cases, the judge is effectively a substitute for a legal representative. His duty is to ascertain the main matters at issue, to elicit the evidence, to reach a view on the facts of the matter and to give a decision. In some cases he may encourage the parties to settle. In doing so he should ensure that both parties have presented the evidence and called the witnesses germane to their case and that he has identified and considered any issue of law which is pertinent to the case in hand. He must also hold the ring and ensure that each party has a fair chance to present his own case and to challenge that of his opponent."

The key judicial skills in conducting such hearings are to maintain a balance between informality and fairness, to ensure a level playing field and to protect the weak and the scrupulous. In practice, this is achieved by preventing interruptions and parties talking over each other, and making it clear that both parties will have plenty of time to say all that they wish before the end of the hearing.

XIX. Decision. After the hearing, the court shall, on the same day, render its decision using the form provided. The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof served on the parties. The decision is final and unappealable.

Explanatory Note: Despite the relative informality of the procedure, judgements are based upon a strict application of the substantive law and an objective judicial analysis of the facts. The judge is duty-bound to give the legal basis for the findings.

The prohibition against appeals assures immediate and swift justice.

The right to appeal is not a natural right nor a part due process. It is merely a statutory privilege and a procedural remedy of statutory origin, a remedy that may be exercised only in the manner and in accordance with the provisions of the law authorizing such exercise. The applicable provisions of the law allowing appeals from decisions of the first level courts are Sections 36 of B.P. Blg. 129, as amended, also known as "The Judiciary Reorganization Act of 1980." The procedure on appeal is subject to the limitations and restrictions provided by this Act and any such rules as the Supreme Court may hereafter prescribe. Sec. 36 of B.P. Blg. 129 provides an instance wherein the Supreme Court may adopt special procedures, including cases where appeal may not be allowed, to achieve an expeditious and inexpensive determination of particular cases requiring summary disposition.

XX. Execution. If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).



Footnotes

1 " The People's Court Examind: A Legal and Empricial Analysis of the Small Claims Court System, by Bruce Tucker and Monica Her, San Francisco Law Review, Winter 2003.

2 en.wikipedia.org/wiki/small_claims_court.

3 " Small Claims Hearings: The Interventionist Role Played District Judges" by John Baldwin, Civil Justice Quarterly, Sweet and Maxwell limited and Contributors, January 17, 1998.

4 See Note 2.

5 "The Singapore Small Claims Tribunals - Accessible Justice to the Community" by Chong Kah Wei, paper prepared for the 2nd Annual AIJA Tribunals Conference held in Sydney, Australia on 10 September 1999.

6 " A Moral Renaissance For A Lasting Peace" Speech delivered by Senior Associate Justice Josue N. Bellosillo as Keynote Speaker of the 3rd Annual National Seminar-Convention of the Philippine trial Judges Lague, Inc. on the theme Championing Peace Through Justice, "held3-5 October 2002 at Prince Hotel, Baguio City.

7 "The Totality of Reforms for a transformed Judiciary" by Former Chief Justice Artemio V. Panganiban (ret), The Court Systems Journal, December 2005, p. 69

8 Action Program for Judicial Reform (APJR) 2001-2006 published by the Supreme Court in August 2001, p.6

9 Ibid.

10 Supplement to APJR, published by the Supreme Court in 2001 at p. 2-12.

11 See Note 7 at p. 12

12 See Note 9 at p. 2-15.

13 Memorandum For the Honorable Reynato S. Puno, Chief Justice of the Supreme Court, dated December 19, 2007, from Court Administrator Zenaida N. Elepaño , Re: Proposal to Establish a Pilot Project on Small Claims Courts in First Level Courts in the Philippines.

14 " Justice, Peace and Development: The Role and Responsibility of Lawyers, "Article by Chief Justice Reynato S. Puno, The Court System s Journal, March 2006 Volume 11 No. 1, p. 26.

15 See Note3, 20-34 at Chapter 26.