A note to all Filipinos today (By: Alex Lacson, forwarded by Atty. Mison)

(more…)

Add comment

1,451 out of 5,903 Bar examinees pass

MANILA, Philippines – (UPDATE) A total of 1,451 out of 5,903 examinees from 108 law schools nationwide passed the 2009 Bar examinations, Associate Justice Antonio Eduardo Nachura announced Friday.

Nachura, chairman of the 2009 Bar examinations committee, said this represented 24.58 percent of the total number.

The announcement came after the high court’s en banc session where Nachura presented the result.

Nachura said the passing rate was lowered from 75 percent to 71 percent while the disqualification grade in Taxation was lowered from 49 percent to 45 percent.

In the last decade, the highest passing rate was posted in 2001 at 32.89%, while the lowest was in 2002 at 19.68%. The highest passing percentage of all time was in 1954 at 75.17%, while the lowest was in 1999 with 16.59%.

The passing percentage for this year was higher compared to last year’s 20.58 percent or 1,310 out of 6,364.

The 2009 Bar exams was also the first time that two examiners were designated in each of the eight subjects. Thus, every Bar subject was divided into two parts.

The 2-examiner policy was adopted by the high court after the Committee on Legal Education and Bar Matters approved the proposal of lawyer Ma. Cristina B. Layusa, deputy clerk of Court and Bar Confidant, to designate two examiners per Bar subject, pursuant to Paragraph 4, Part B of Bar Matter No. 1161.

The Court conducts the Bar examinations pursuant to Article VIII, Sec. 5 of the Constitution which provides that it shall have the power to promulgate rules governing the admission to the practice of law.

The Rules of Court provide that “a candidate may be deemed to have passed his examination successfully if he has obtained a general average of 75% in all subjects without falling below 50% in any subject.”

In determining the average, subjects in the examinations are given the following relative weights: Political and International Law, 15%; Labor and Social Legislation, 10%; Civil Law, 15%; Taxation, 10%; Mercantile Law, 15%; Criminal Law, 10%; Remedial Law, 20%; and Legal Ethics and Practical Exercises, 5%, for a total of 100%.

This year’s examiners were lawyers Sixto S. Brillantes, Jr. and Jeremy I. Gatdula (Political and International Law); Court of Appeals (CA) Justice Vicente S.E. Veloso and lawyer Pablo R. Cruz (Labor and Social Legislation); Justice Alicia V. Sempio-Diy (retired) and Court Administrator Zenaida N. Elepaño (retired) (Civil Law); Court of Tax Appeals (CTA) Presiding Justice Ernesto D. Acosta and lawyer Edwin R. Abella (Taxation); CA Justice Ramon Paul L. Hernando and lawyer Hector Danny D. Uy (Mercantile Law); Sandiganbayan Justice Edilberto G. Sandoval and CA Justice Mario V. Lopez (Criminal Law); Sandiganbayan Justice Alexander G. Gesmundo and CA Justice Magdangal M. De Leon (Remedial Law); and Sandiganbayan Justice Samuel R. Martires and CA Justice Noel G. Tijam (Legal Ethics and Practical Exercises).

From: Inquirer.net

Add comment

Congratulations to the 1,451 new lawyers! (2009 Bar Examinations Result)

List of Successful Examinees of 2009 Bar Examinations

1. ABANTE, Maria Evitha A.
2. ABAQUITA, Allan C.
3. ABARQUEZ, Leandro E.
4. ABARQUEZ, Paolo E.
5. ABDULLAH, Anzarullah Zhadradi A.
6. ABELLA, Harve B.
7. ABELLAR, Eleanor Agnes F.
8. ABENOJAR, Irene U.
9. ABIBICO, Mona Liza D.
10. ABIERA, Stephanie E.
11. ABLAÑA, Lindy Andre P.
12. ABOGANDA, Alexander D.
13. ABRASALDO, Wilson C.
14. ABRUGAR, Vanessa Q.
15. ABUEDO, May Flor C.
16. ABUTAN, Leah C.
17. ACAS, Althea Barbara E.
18. ACOSTA-QUIROS, Annemarie
19. ADAOAG, Janice M.
20. ADASA, William Chino T.
21. ADDUG, Fredelyne H.
(more…)

Add comment

To: Huey Sepulveda (May your soul now be free and joyous)

Add comment

CODE OF COMMERCE OF THE PHILIPPINES

COMMERCIAL CONTRACTS FOR TRANSPORTATION

ARTICLE 349.    A contract of transportation by land or water ways of any kind shall be considered commercial:

1.    When it has for its object merchandise or any article of commerce.

2.    When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public.

ARTICLE 350.    The shipper as well as the carrier of merchandise or goods may mutually demand that a bill of lading be made, stating:

1.    The name, surname and residence of the shipper.

2.    The name, surname and residence of the carrier.

3.    The name, surname and residence of the person to whom or to whose order the goods are to be sent or whether they are to be delivered to the bearer of said bill.

4.    The description of the goods, with a statement of their kind, of their weight, and of the external marks or signs of the packages in which they are contained.

5.    The cost of transportation.
6.    The date on which shipment is made.

7.    The place of delivery to the carrier.

8.    The place and the time at which delivery to the consignee shall be made.

9.    The indemnity to be paid by the carrier in case of delay, if there should be any agreement on this matter.

ARTICLE 351.    In transportation made by railroads or other enterprises subject to regulation rate and time schedules, it shall be sufficient for the bills of lading or the declaration of shipment furnished by the shipper to refer, with respect to the cost, time and special conditions of the carriage, to the schedules and regulations the application of which he requests; and if the shipper does not determine the schedule, the carrier must apply the rate of those which appear to be the lowest, with the conditions inherent thereto, always including a statement or reference to in the bill of lading which he delivers to the shipper.

ARTICLE 352.    The bills of lading, or tickets in cases of transportation of passengers, may be diverse, some for persons and others for baggage; but all of them shall bear the name of the carrier, the date of shipment, the points of departure and arrival, the cost, and, with respect to the baggage, the number and weight of the packages, with such other manifestations which may be considered necessary for their easy identification.

ARTICLE 353.    The legal evidence of the contract between the shipper and the carrier shall be the bills of lading, by the contents of which the disputes which may arise regarding their execution and performance shall be decided, no exceptions being admissible other than those of falsity and material error in the drafting.
After the contract has been complied with, the bill of lading which the carrier has issued shall be returned to him, and by virtue of the exchange of this title with the thing transported, the respective obligations and actions shall be considered cancelled, unless in the same act the claim which the parties may wish to reserve be reduced to writing, with the exception of that provided for in Article 366.
In case the consignee, upon receiving the goods, cannot return the bill of lading subscribed by the carrier, because of its loss or of any other cause, he must give the latter a receipt for the goods delivered, this receipt producing the same effects as the return of the bill of lading.

ARTICLE 354.    In the absence of a bill of lading, disputes shall be determined by the legal proofs which the parties may present in support of their respective claims, according to the general provisions established in this Code for commercial contracts.

ARTICLE 355.    The responsibility of the carrier shall commence from the moment he receives the merchandise, personally or through a person charged for the purpose, at the place indicated for receiving them.

ARTICLE 356.    Carriers may refuse packages which appear unfit for transportation; and if the carriage is to be made by railway, and the shipment is insisted upon, the company shall transport them, being exempt from all responsibility if its objections, is made to appear in the bill of lading.

ARTICLE 357.    If by reason of well-founded suspicion of falsity in the declaration as to the contents of a package the carrier should decide to examine it, he shall proceed with his investigation in the presence of witnesses, with the shipper or consignee in attendance.
If the shipper or consignee who has to be cited does not attend, the examination shall be made before a notary, who shall prepare a memorandum of the result of the investigation, for such purposes as may be proper.
If the declaration of the shipper should be true, the expense occasioned by the examination and that of carefully repacking the packages shall be for the account of the carrier and in a contrary case for the account of the shipper.

ARTICLE 358.    If there is no period fixed for the delivery of the goods the carrier shall be bound to forward them in the first shipment of the same or similar goods which he may make point where he must deliver them; and should he not do so, the damages caused by the delay should be for his account.

ARTICLE 359.    If there is an agreement between the shipper and the carrier as to the road over which the conveyance is to be made, the carrier may not change the route, unless it be by reason of force majeure; and should he do so without this cause, he shall be liable for all the losses which the goods he transports may suffer from any other cause, beside paying the sum which may have been stipulated for such case.
When on account of said cause of force majeure, the carrier had to take another route which produced an increase in transportation charges, he shall be reimbursed for such increase upon formal proof thereof.

ARTICLE 360.    The shipper, without changing the place where the delivery is to be made, may change the consignment of the goods which he delivered to the carrier, provided that at the time of ordering the change of consignee the bill of lading signed by the carrier, if one has been issued, be returned to him, in exchange for another wherein the novation of the contract appears.
The expenses which this change of consignment occasions shall be for the account of the shipper.

(more…)

Add comment

Legal Forms: Answer (for Rossy)

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM

SAMPLE:

(Caption and Title)

ANSWER

COMES NOW, the defendant, through the undersigned counsel, in the above-entitled case and to this Honorable Court most respectfully alleges:

1.    Defendant admits averment in paragraphs 1,2 and 3 of the complaint;

2.    Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that (fact being claimed by the defendant as the true state of facts or truth in the special and affirmative defenses herein set forth):

3.    Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 5, 6, 7 and 8 of the complaint

By way of special and affirmative defenses, the defendant avers:

1.    The obligation has been paid

2.    The cause of action has prescribed

By way of counterclaim, defendant alleges:

1.    That by virtue of this unwarranted and malicious act initiated by the plaintiff, the defendant was forced to engage the services of counsel in the sum of twenty-thousand pesos (P20,000).

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of __________ pesos (P _________).

Other equitable reliefs are likewise prayed for.

Place and date.

Signature of Counsel

VERIFICATION

CERTIFICATION AGAINST FORUM SHOPPING

PROOF OF SERVICE

Add comment

MUST KNOW: Sex causes Cervical Cancer

YEZ!  It is really worth adjusting one’s time to ‘write’ and especially read about this topic.  People in the noble medical profession has recently launched campaigns to spread the news regarding cervical cancer awareness.  Among the many possible causes of cervical cancer, the most important risk factor is infection with a virus known as HPV (human papilloma virus).  

HPV is really a group of more than 100 related viruses that can infect cells on the surface of the skin.  There are different kinds of HPV, some causes genital warts and others causes cervical cancer.  HPV is passed on from person to another through sexual contact.  HPV is passed from one person to another by skin-to-skin contact such as vaginal, anal, or oral sex. But sex isn’t the only way to spread HPV from one person to person.  All that is needed is for there to be skin-to-skin contact with an area of the body infected with HPV.  Mere touching, rubbing, or feeling the organ may pass HPV to your partner, therefore, abstinence from penetration alone will not guarantee safety from HPV.

The use of condom during penetrative sex reduces the risk of a woman becoming infected with HPV. Using condoms also reduces the chance of a woman developing precancerous changes in the cervix if she has HPV infection.  High risk types of HPV can cause changes in the cells covering the cervix that make them more likely to become cancerous in time.  

Up to 8 out of 10 people (80%) in the UK are infected with the HPV virus at some time during their lifetime. For many people, the virus causes no harm and goes away without treatment.  While there is no cure for HPV, the abnormal cell growth they cause can be treated. Vaccines have been made that will prevent infection with some types of HPV.

Add comment

Government Financed Ads a.k.a ‘Infomercials’

Direct Violation of the Laws against Premature Campaigning and Corruption

www.Shobeceo.com

OVERVIEW

Prof. Randolf S. David once asked, “What kind of rules do we need so that the merely popular do not get the power to decide for the entire nation?” This question recognizes the fact that Philippine politics has become a popularity contest wherein a famous candidate has somehow higher chances of winning. The people do not care about the platforms of the politicians. The voters do not cast their votes based on the substance of the candidate but on the basis of popularity. “For it has long been the case that suitability for public office in our country is decided not by one’s credentials or experience, but rather by one’s media projection.” Dr. Florangel Rosario Braid, the President of the Asian Institute of Journalism and Communication said, “the marriage between media and politics and the economy has shaped the culture of our politics.”

Only those who can maintain their fame get to stay in the position. This reality in the Philippine setting opens the door to graft and corrupt practices. Politicians have used the mainstream media to boost their public appearances and make the people aware that they (the politicians) are present and available for public consumption. “No longer content with speeches or press releases, they now stage, through press conferences, the grandness of public affairs and the heroism of their civic apostolate. In their hands, statecraft becomes synonymous with media visibility.”

Funds that could have been useful for other public purposes are diverted for personal gain by unscrupulous public officials who wish to stay in power or gain more of it by having government money spent for their ‘early campaigns’. This is usually made more rampant before elections take place. Massive propaganda is being used as leverage in order to retain publicity and popularity of those who seek to run for office in the next elections. Those seated in the public office takes undue advantage of their incumbency and use public funds to support their premature campaigning, which erodes public trust.  Hence the need to study the manner by which this government financed advertisements are approved.

This paper shall check whether there are sufficient rules and guidelines set before the government approves and gives financing to a particular advertisement. It shall also examine the accountability of people involved in such approval or of those whose faces are shown in the advertisements. The paper shall analyze whether there are laws violated by such practice. If there are existing laws, analysis of their efficiency shall be conducted for as observed, the practice has caused great distress to the public at large. If there are none as of yet, then the proponents shall recommend the enactment of laws, rules, or guidelines that could prevent the abovementioned misuse of public funds. shobeceo

(more…)

Add comment

RR NO. 16-05

September 1, 2005

REVENUE REGULATIONS NO. 16-05

SUBJECT            :            Consolidated Value-Added Tax Regulations of 2005

TO            :            All Internal Revenue Officers and Others Concerned

Pursuant to the provisions of Secs. 244 and 245 of the National Internal Revenue Code of 1997, as last amended by Republic Act No. 9337 (Tax Code), in relation to Sec. 23 of the said Republic Act, these Regulations are hereby promulgated to implement Title IV of the Tax Code, as well as other provisions pertaining to Value-Added Tax (VAT). These Regulations supersedes Revenue Regulations No. 14-2005 dated June 22, 2005.   ACIESH

Coverage, Nature, Basis, and Rate of Value-Added Tax (VAT)

SECTION 4.105-1.            Persons Liable. — Any person who, in the course of his trade or business, sells, barters, exchanges or leases goods or properties, or renders services, and any person who imports goods, shall be liable to VAT imposed in Secs. 106 to 108 of the Tax Code.

However, in the case of importation of taxable goods, the importer, whether an individual or corporation and whether or not made in the course of his trade or business, shall be liable to VAT imposed in Sec. 107 of the Tax Code.

“Person” refers to any individual, trust, estate, partnership, corporation, joint venture, cooperative or association.

“Taxable person” refers to any person liable for the payment of VAT, whether registered or registrable in accordance with Sec. 236 of the Tax Code.

“VAT-registered person” refers to any person who is registered as a VAT taxpayer under Sec. 236 of the Tax Code. His status as a VAT-registered person shall continue until the cancellation of such registration.

“Taxable sale” refers to the sale, barter, exchange and/or lease of goods or properties, including transactions “deemed sale” and the performance of service for a consideration, whether in cash or in kind, all of which are subject to tax under Secs. 106 and 108 of the Tax Code.

(more…)

Add comment

RR NO. 02-98

(more…)

Add comment