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Showing posts with label rules of court. Show all posts
Showing posts with label rules of court. Show all posts

Wednesday, April 11, 2012

updates: notes on remedial law











a series of posts on provisional remedies and special civil actions. an attempt at manifesting into words what would be years of study into a few pages. though i would prefer less words if that was possible. remedial law being the most difficult of subjects relies heavily on actual court practice or what we call decided cases-as in jurisprudence.

the purpose of publication is to allow commentaries but not too many of these are expected considering the nature of the rules of court. some judges may even lag in updating their knowledge. i have heard of magistrates inquiring in counsels basis for pleadings only to find out that their rules of court are outdated. they are not static but rather dynamic compilations hence the need for community peer to peep interactions.

as we have learned, the rules of court or remedial law in general serves as the vehicle, conveyor, transporter, or any fitting term for that matter, for substantial law which is understood as statutory, like republic acts, executive orders, council resolutions, and what have you.

click HERE for first post(session i).

click HERE for 2nd post(session ii).

Tuesday, August 18, 2009

legal: evidence-testimonial privy











rules of court: rule 130, sec. 25

before, this objection could only be invoked in a criminal case where the parents or other direct ascendants, or children or other direct descendants were charged with an offense. now, it can also be invoked in a civil case.

actually, an individual is not disqualified to become a witness against his ascendants or descendants. but if he does not like to testify against them then that is his privilege and he cannot be compelled to do so.

here again, the law wants to maintain harmonious relations among members of the same family and to preserve filipino family solidarity.

when a descendant is presented as a prosecution witness, the defense counsel should see to it that he is informed of his privilege not to testify against his parents or ascendants, whether in a criminal or civil case. through inaction the privilege can be lost...