Category Archives: Uncategorized

How to get an IBP ID? (local and national)

HOW TO GET AN IBP ID?

Next to passing the bar, signing the roll of attorneys, and getting your very own Roll number is the privilege of being able to acquire a small handy identification card that will exhibit the aforementioned facts (well, there’s being able to finally practice law, give legal advice, notarize, and all other cool stuff too though… but that’s not the point of this post) to anyone who dares question your certification… or your age. *curse your baby face!*

So to save you from continuously defending yourself as an official adult AND/OR a lawyer, allow me to help you obtain an Integrated Bar of the Philippines Identification Card  (IBP ID Card), from the local and national office.

N.B. This is just a guide and that the process may vary depending on your local chapters.

LOCAL IBP ID

This is what a local IBP ID looks like: 20160711_201019-1

NOTE, that this local IBP ID might look different from other local IBP IDs of other chapters. They might differ in cost too. So you might as well just skip this part and make an inquiry from your local chapters directly.

STEPS

FIRST STEP. Go to the local IBP Office of the Chapter where you belong. (In Bohol, the IBP office is located just behind the Hall of Justice). There you will be given a form (the same form handed to you by the IBP personnel at the Supreme Court during your clearance). It’ll look something like this: IBP ID FORM

SECOND STEP. Personally fill up the form. (Don’t forget to ask for your IBP ID # from the personnel in charge)

THIRD STEP. Submit the following to the printing press/printing establishment ACCREDITED by your local IBP chapter. (In Bohol, it’s the Universal press located near University of Bohol):

  1. the filled-up form
  2. Two (2) 1×1 picture
  3. Three (3) Specimen of your signature

FOURTH STEP.  Pay the cost of printing. When I got mine in 2016, it cost P200.00.

FIFTH STEP. Await its release. The printing press will call you in a week or two to tell you that your ID is ready for pickup.

NATIONAL IBP ID

The New National IBP Card now looks like this: (it has an enhanced QR as a new security feature. You may also use this ID as a discount and privilege card for selected merchant partners using the MobKard App… IKR!! super cool!! ^_^ )20170322_112858

There are three ways I know of that you can obtain a National IBP ID: one, through your local IBP Chapter Office; second, by sending your application through mail or courier; third,by directly going to the National IBP Office.  I did the last.

If you opt to go through the local IBP Office, the time that you will have to wait will take longer than actually procuring it yourself at the national office for obvious reasons. The local IBP Office will have to mail the requirements to the national office, which will then process it, and once the ID has been made, it’ll be sent to you or back to the local office through mail. But this will of course cost less since you won’t have to spend for travel. (ask your local IBP office for more details)

If you want to send your application through mail or courier, you will have to provide a Special Power of Attorney to your agent or representative who shall present a valid identification card. In addition, your current IBP dues must be paid and all required data in the application form must be complete.

But if you’re keen on getting it personally at the national office or if you happen to be at the area, then follow the following process:

STEPS

FIRST STEP. Go to the National IBP Office located at IBP Building, No.15 Doña Julia Vargas Avenue, Ortigas Center, Pasig City.

When I got there, there was an undergoing construction and I couldn’t find the proper entrance. I had to pass through a narrow alleyway to find an alternative. The office is not as conspicuous as you might think it would be. If this is still the case, feel free to ask for directions. There’s a 7/11 in the groundfloor of the building where a security guard is stationed, so go ahead and ask him.

SECOND STEP. Bring and/or present the following:

  1. Two (2) Valid Government IDs
  2. Your roll number  and, if you’re an IBP lifetime member, your IBP lifetime number (the IBP will no longer supply these data)
  3. Receipt of your current IBP contribution/fee/payment

THIRD STEP. Pay for your ID. When I got mine, it cost me P300.00.

FOURTH STEP. You will be asked to step on another room where your photograph and signature will be taken. So might I suggest that you wear something decent when you go there, lest you be photographed wearing a sando or tube top (not that they’d allow it).

FIFTH STEP. Wait for its release. It took not more than ten(10) minutes for my ID to be released, given that I was also the only one there.

The ID is renewable and expires in 2 years.

N.B. The National IBP trunklines: (02) 631-3014 and(02) 631-3018.

So there you have it. You can now flaunt your ID to the next person who’ll ask you, “abugado diay ka? Pila na diay edad nimo, doy?”

Hope this helps.

Advertisements

How to be a Notary Public?

You made it out of law school, hurdled the bar review, and just passed the Bar! Yay, Congratulations!

If you are contemplating on engaging in private practice, it may be essential and convenient (although not compulsory) to be commissioned as a notary public. (Some lawyers working in the government may not be commissioned as a notary public. Note also that in the present rules, only lawyers can be commissioned as Notary Public.)

A.M. No. 02-8-13-SC provides for the Rules on Notarial Practice. But allow me to break the process down for you and cite the requirements you need to comply with before you are commissioned by the proper court as a certified Notary Public.

Note: I will speak based on my own experience.

CLICK HERE TO KNOW THE STEP-BY-STEP PROCESS

SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

RE: SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS

DEFINE A “WRIT OF HABEAS CORPUS”?

 ANS.  A writ of habeas corpus is defined as a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court of judge awarding the writ shall consider in that behalf.

Habeas corpus when translated means “produce the body”. If a writ of habeas corpus is issued by the court, the court is basically ordering a person who has detained another to produce the body of the latter at a designated time and place, and to show sufficient cause for holding in custody the individual so detained.

WHAT IS THE “PRIVILEGE OF THE WRIT OF HABEAS CORPUS?”

ANS.  The privilege of the writ is the further order from the court to release an individual if it finds his detention without legal cause or authority.

WHAT THEN MAY BE SUSPENDED: THE WRIT OR THE PRIVILEGE OF THE WRIT?

ANS. It is the privilege of the writ of habeas corpus (not the writ itself)

WHO MAY SUSPEND THE PRIVILEGE?

ANS. The President

WHEN MAY THE PRIVILEGE BE SUSPENDED? Limitation #1

ANS. “…in cases of invasion or rebellion, when public safety requires it.”

HOW LONG MAY IT BE SUSPENDED? Limitation #2

ANS. It shall not exceed the period of 60 days.

WHAT HAPPENS WHEN THE PRIVILEGE OF THE WRIT IS SUSPENDED?

ANS. When the privilege of the writ is suspended, the person under detention by the government may not obtain his liberty by its use.

                The writ itself may still be issued by the court and the person detained must still be produced in court. However, the official or person detaining him may ask the court not to continue the proceeding any further as the privilege of the writ as to that particular person seeking release has been suspended

                Once the officer making the return shows to the court that the person detained is being detained for an office covered by the suspension, the court may not enquire any further.

WHEN THE PRESIDENT DECLARES A STATE OF MARTIAL LAW, IS THE PRIVILEGE OF THE WRIT AUTOMATICALLY SUSPENDED?

ANS. No, not automatically.

TO WHOM DOES THE SUSPENSION OF THE PRIVILEGE APPLY? Limitation #3

ANS. “The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.”

                “…any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

DOES THE SUSPENSION OF THE PRIVILEGE ALSO SUSPEND THE RIGHT TO BAIL?

ANS. NO. ART III, SEC. 13

REFERENCE:

  1. The 1987 Constitution
  2. Revised Rules of Court on Habeas Corous, Rule 102
  3. Bernas, J. (2011). The 1987 Philippine Consitution: A Comprehensive Reviewer
  4. Bernas J. (2009). The 1987 Constitution of the Republic of the Philippines: A Commentary
  5. De Leon, H. (2008). Textbook on the Philippine Constitution
  6. Nachura, AE. (2009). Outline/Reviewer in Political Law

 

Cases:

  1. Gudani vs. Senga G.R. No. 170265, April 15, 2006
  2. Gumawa vs. Espino, 96 SCRA 403,403-7, February 29, 1980
  3. Lansang vs. Garcia 42 SCRA 448
  4. Lacson vs. Perez, G.R. No. 147780, May 10, 2001
  5. IBP vs. Zamora, G.R. No. 141284, August 15, 2000
  6. Padilla vs. Ponce Enrile, L-61388, April 20, 1983

FAQ ON MARTIAL LAW

WHAT IS “MARTIAL LAW”?

BRIEFLY: Martial law is founded on necessity and is essentially police power exercised by the executive with the aid of the military, the latter being called upon to assist in the maintenance of peace and order and the enforcement of legal norms. The purpose thereof being the preservation of the public safety and good order in times when the domination of lawless elements cannot be stopped by civil authorities.

IN LENGTH: Tracing the history of the Philippine Constitution will show that it is of American origin, thus, most law books provide for definition derived from American cases and material references.

Westel Willoughby, for one, had the following to say:

                “In the most comprehensive sense of the term, Martial Law includes all law that has reference to, or is administered by the military forces of the State. Thus it includes (1) Military Law Proper, that is, the body of administrative laws created by Congress for the government of the army and navy as an organized force; (2) the principles governing the conduct of military forces in time of war, and in the government of occupied territory, and,…

 (3) Martial Law in sensu strictiore, or that law which has application when the military arm does not supersede civil authority but is called upon to aid it in the execution of its civil functions.”

                 The Martial Law in our Constitution refers to the third definition.

                Martial Law authorizes “the military to act vigorously for the maintenance of an orderly civil government.” – Justice Black, Duncan v. Kahanmoku, 327 U.S”. 304, 323 (1946).

                Martial Law is “the exercise of the power which resides in the executive branch of the government to preserve order and insure the public safety in times of emergency, when other branches of the government are unable to function, or their functioning would itself threaten the public safety… It is the law of necessity to be prescribed and administered by the executive power. Its object, the preservation of the public safety and good order, defines the scope, which will vary with the circumstances and necessities of the case. The exercise of the power may not extend beyond what is required by the exigency which calls it forth.” –Justice Stone, Id. at 335-6

 WHO CAN DECLARE “MARTIAL LAW?

ANS. The President as commander-in-chief pursuant to Art VII, Sec 18 of the 1987 Constitution.

WHAT IS THE “COMMANDER-IN-CHIEF” CLAUSE?

ANS. The Constitution declares the President, a civilian, as the Commander-in –Chief of the Armed Forces of the Philippines (the power covers the Philippine National Police (PNP).

The reason behind this provision is to ensure the supremacy of the civil authorities over the military forces of the government.

The President has control and direction of the conduct of war and, when necessary, may call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion.  However, it is only in this sense that the president may be referred to as a military officer. The President does not enlist in, nor is he inducted or drafted into forces; “he is not subject to court martial or other military discipline.”Swartz, The Powers of the President, p.215 (1963)

The net effect of Article II, Section 3, when read with Article VII, Section 18, is that a civilian President holds supreme military authority and is the ceremonial, legal, and administrative head of the armed forces. The Constitution does not require that the President must be possessed of military training and talents, but as Commander-in-Chief, he has the power to direct military operations and to determine military strategy. Normally, he would be expected to delegate the actual command of the armed forces to military experts; but the ultimate power is his. “As Commander-in-chief, he is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy.” Fleming v. Page, 9 How 603, 615 U.S. (1850)

 WHAT POWER DOES THE PRESIDENT HAVE OVER THE MILITARY?

ANS. Since the President is commander-in-chief of the Armed forces, she can demand obedience from military officers. Military officers who disobey or ignore her command can be subjected to court martial proceeding. Thus, for instance, the President as Commander-in-Chief may prevent a member of the armed forces from testifying before a legislative inquiry, a military officer who disobeys the President’s directive may be made to answer before a court martial. (see Gudani v. Senga, G.R. No. 170165, April 15, 2006).

 IN WHAT INSTANCES CAN THE PRESIDENT DECLARE MARTIAL LAW? (GROUNDS)

Ans. Martial Law depends on two factual bases: (1) the existence of invasion or rebellion, and (2) the requirements of public safety.  (Art. VII, Sec 18 of the 1987 Constitution)

WHAT ARE THE LIMITATIONS/RESTRICTIONS?

  1. Grounds: There must be (actual) invasion or rebellion and public safety requires the proclamation or suspension;
  1. Duration: shall not exceed 60 days, following which it shall be lifted, unless extended by Congress 
  1. Duty of President to report action to Congress: within 48 hours, personally or in writing
  1. Congress may revoke [or extend on request of the President] the effectivity of the proclamation by
  • a majority vote
  • voting jointly
  • If not in session, Congress shall convene within 24 hours following such proclamation or suspension, convene in accordance with its rules without need of a call
  1. The Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof
  • in an appropriate proceeding filed by any citizen
  • must promulgate its decision within thirty (30) days from its filing

It is therefore settled that the imposition of martial law or the suspension of the privilege is now a judicial question, not a political one. Note however that this judicial review is only for the Court to look into the sufficiency of the factual basis for the exercise of the power. In Lacson vs. Perez, the Supreme Court said that the President has discretionary authority to declare a “state of rebellion”.

WHAT ARE THE EFFECTS OF A STATE OF MARTIAL LAW?

 ANS.           The definition of the extent of martial law powers is made by way of denials, stating what are not the effects of a state of martial law. Thus:

  1. It does not suspend the operation of the Constitution.

-Therefore, it does not suppress the powers of the various branches of the government.

  1. It does not supplant the functioning of the civil courts or legislative assemblies

Meaning, the ordinary legislation continues to belong to the legislative bodies even during martial law.  It adopts the “open court rule” in Duncan v. Kahanamoku 327 U.S. 304, 324 (1946)which provides that civil courts cannot be supplanted by military courts. 

  1. It does not authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function

-When martial law is declared, civil authorities are not superseded by military authorities. Civil laws are likewise not suspended. 

  1. It does not automatically suspend the privilege of the writ of habeas corpus

-the privilege continues to be available to persons under detention until suspended by the President. (Continue reading or refer to other posts for further discussion the matter)

-it affects only those “persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.”

 RE: SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS 

DEFINE A “WRIT OF HABEAS CORPUS”?

ANS.  A writ of habeas corpus is defined as a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court of judge awarding the writ shall consider in that behalf.

Habeas corpus when translated means “produce the body”. If a writ of habeas corpus is issued by the court, the court is basically ordering a person who has detained another to produce the body of the latter at a designated time and place, and to show sufficient cause for holding in custody the individual so detained.

WHAT IS THE “PRIVILEGE OF THE WRIT OF HABEAS CORPUS?”

ANS.  The privilege of the writ is the further order from the court to release an individual if it finds his detention without legal cause or authority.

WHAT THEN MAY BE SUSPENDED: THE WRIT OR THE PRIVILEGE OF THE WRIT?

ANS. It is the privilege of the writ of habeas corpus (not the writ itself)

WHO MAY SUSPEND THE PRIVILEGE?

ANS. The President

WHEN MAY THE PRIVILEGE BE SUSPENDED? Limitation #1

ANS. “…in cases of invasion or rebellion, when public safety requires it.”

HOW LONG MAY IT BE SUSPENDED? Limitation #2

ANS. It shall not exceed the period of 60 days.

WHAT HAPPENS WHEN THE PRIVILEGE OF THE WRIT IS SUSPENDED?

ANS. When the privilege of the writ is suspended, the person under detention by the government may not obtain his liberty by its use.

                The writ itself may still be issued by the court and the person detained must still be produced in court. However, the official or person detaining him may ask the court not to continue the proceeding any further as the privilege of the writ as to that particular person seeking release has been suspended

                Once the officer making the return shows to the court that the person detained is being detained for an office covered by the suspension, the court may not enquire any further.

 WHEN THE PRESIDENT DECLARES A STATE OF MARTIAL LAW, IS THE PRIVILEGE OF THE WRIT AUTOMATICALLY SUSPENDED?

ANS. No, not automatically.

TO WHOM DOES THE SUSPENSION OF THE PRIVILEGE APPLY? Limitation #3

ANS. “The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.”

                “…any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”

DOES THE SUSPENSION OF THE PRIVILEGE ALSO SUSPEND THE RIGHT TO BAIL?

ANS. NO. ART III, SEC. 13

HOW DIFFERENT IS THE MARTIAL LAW UNDER THE MARCOS REGIME FROM THAT WHICH IS CONTEMPLATED UNDER THE PRESENT CONSTITUTION?

                 In the case of Gumawa vs. Espino, 96 SCRA 403, 403-7 (February 29, 1980), the Marcos Supreme court made the following conclusions:

  1. That the proclamation of martial law automatically suspends the privilege of the writ of habeas corpus;
  1. That the President of the Philippines, “as Commander-in-Chief and as enforcer or administrator of martial law… can promulgate proclamations, orders, and decrees during the period of martial law essential to the security and preservation of the Republic, to the defense of the political and social liberties of the people, and to the institution of reforms to prevent the resurgence of rebellion or insurrection or secession of the threat thereof as well as to meet the impact of a world recession, inflation, or economic crisis which presently threatens all nations including highly developed countries…”
  1. That the President of the Philippines, as legislator during the period of martial law, can legally create military commissions or courts martial to try not only members of the armed forces but also civilian offenders for specified offenses.

 

The new Constitution, however, rejects the above Marcos Court pronouncements and now says categorically: “A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.”

REFERENCE:

  1. The 1987 Constitution
  2. Revised Rules of Court on Habeas Corous, Rule 102
  3. Bernas, J. (2011). The 1987 Philippine Consitution: A Comprehensive Reviewer
  4. Bernas J. (2009). The 1987 Constitution of the Republic of the Philippines: A Commentary
  5. De Leon, H. (2008). Textbook on the Philippine Constitution
  6. Nachura, AE. (2009). Outline/Reviewer in Political Law

Cases:

  1. Gudani vs. Senga G.R. No. 170265, April 15, 2006
  2. Gumawa vs. Espino, 96 SCRA 403,403-7, February 29, 1980
  3. Lansang vs. Garcia 42 SCRA 448
  4. Lacson vs. Perez, G.R. No. 147780, May 10, 2001
  5. IBP vs. Zamora, G.R. No. 141284, August 15, 2000
  6. Padilla vs. Ponce Enrile, L-61388, April 20, 1983

 

MARCOS BURIAL CASE DECISION FULL TEXT ( G.R. No. 225973, 225984, 226097 226116, 226117, 226120, & 226294 )

CLICK HERE to view and download. 🙂

source: supreme court website

CASE DIGEST: NPC VS. ONG CO

G.R. No. 166973

National Power Corporation vs. Benjamin Ong Co

February 10, 2009

Facts:

Petitioner expropriated respondent’s property for its Lahar Project, a project for public use.

Petitioner established its claim on RA 6395, allowing it to exercise the right to eminent domain.

Complaint was filed at the RTC on June 27, 2001. On 25 March 2002, petitioner obtained a writ of possession and on 15 April 2002 it took possession of the property.

RTC ordered the compensation of the full market value of the land valued at P1,179,000.00, with interest at 6% per annum beginning 15 April 2002, the date of actual taking, until full payment. RA 8974 sets forth the payment of land’s full market value as distinguished to RA 6395 which entitles the land owner to only 10% of market value.

Petitioner argues that compensation should only be an easement fee and not the total value and that computation of compensation should be determined as of the date of the filing of the complaint (Rule 67).

Issues:

 Whether or not compensation will be governed by provisions on RA 6395 or RA 8974. Who will determine?

 Whether or not value of the property should be reckoned as of the filing of the complaint or actual taking of the land.

 Held:

 Court held that with regard to compensation, provisions on RA 8974 should govern. Rules and Regulations of R.A. No. 8974 explicitly include power generation, transmission and distribution projects among the national government projects covered by the law. R.A. No. 8974 should govern the expropriation of respondent’s property since the Lahar Project is a national government project.

 The Court also held that the function for determining just compensation remains judicial in character. It held that the courts have the power to determine cases relative to the violations on the guarantees provided by the Bill of Rights.

 As to the amount to be given to respondent as compensation, the court agreed with petitioner that compensation should be computed as of the filing of complaint (2001) win compliance with Rule 67.


###
Also, please follow our community for more updates :

FACEBOOK PAGE and  WORDPRESS