The Law Offices of Ian Ll. Macasinag & Associates

27/11/2024

The Office of the Chairperson has issued a Notice announcing that the results of the 2024 Bar Examinations will be released on December 13, 2024 at the courtyard of the Supreme Court (SC) Main Building.

The results will be displayed on LED walls inside the SC courtyard and uploaded to the SC website and official social media pages (X/Twitter, Threads, Facebook, and Instagram). The YouTube and Facebook livestream links and QR codes of the results will also be shared through the SC's official communication channels.

READ the Notice in full at: https://sc.judiciary.gov.ph/2024-bar-examinations-result/

21/07/2024

Relevant provisions of the 2000 Revised Rules on Criminal Procedure have been deemed repealed on July 16 upon the promulgation of the 2024 Department of Justice – National Prosecution Service (DOJ-NPS) Rules on Criminal Investigation and Inquest Proceedings, embodied in DOJ Department Circular No. 015, s. 2024.

Under the new rules, all prosecutors are now empowered to lead criminal investigations and ensure sufficient case build-up before filing in court. The required quantum of evidence has also been elevated from probable cause to prima facie evidence with a reasonable certainty of conviction, thereby declogging court dockets and jails.

In its En Banc Resolution dated 30 May 2024, the Supreme Court, recognizing the authority of the DOJ to promulgate its own rules on preliminary investigation, ruled that a repeal of affected provisions in Rule 112 is warranted. This is without prejudice to the Court’s promulgation of such rules as needed and consistent with the 2024 DOJ-NPS Rules.

“The 2024 DOJ-NPS Rules are transformative as they institutionalize the executive and inquisitorial nature of preliminary investigations,” said President Ferdinand Marcos, Jr. on July 10 during the signing of the rules in Malacañang.

The 2024 DOJ-NPS Rules shall take effect on August 1, 2024, after 15 days following the completion of its publication in two newspapers of general circulation pursuant to Article 2 of the Civil Code.

Words by: Carlo Sales and Georgina Silva |thebarrister

11/12/2023

08/11/2023

📢 The Office of the 2023 Bar Chair has announced that the Oath Taking & Roll Signing Ceremonies shall be held on December 22, 2023 (Friday) at SMX Convention Center, Pasay City.

Stay tuned for further announcements, and make the necessary logistical preparations ahead.

24/08/2023

As a general rule, the client is bound by the negligence of his counsel. The only exception is when the negligence of the counsel is so gross, reckless, and inexcusable that the client is deprived of his day in court.

SC Recalls Entry of Judgment Convicting Accused After Negligent Lawyer Fails to Appeal |

To deprive an accused, who relied in good faith on his or her counsel, the right to appeal is a violation of the right to due process.

Thus ruled the Supreme Court’s Third Division in a Decision, penned by Justice Samuel H. Gaerlan, granting the Petition for Review on Certiorari filed by Rodrigo O. Conche and recalling the Entry of Judgment issued by the Court of Appeals (CA). The Court also directed the CA to give due course to Conche’s appeal and elevate the records of the case for this purpose.

The Court, in granting Conche’s petition, stressed that the accused’s right to be heard, expressly provided in the Constitution, is critical to protecting the right to due process. The Court also held that while the right to appeal is merely statutory, it is nevertheless an essential part of our judicial system, and thus must be afforded to every party. The Court further ruled that even if a judgment had become final executory, it may still be recalled, and the accused afforded the opportunity to be heard by himself/herself and counsel.

In the present case, the Court found that the lawyer’s gross negligence and misrepresentations denied Conche his right to due process, specifically his rights to appeal and to be assisted by effective counsel.

Read more at https://sc.judiciary.gov.ph/sc-recalls-entry-of-judgment-convicting-accused-after-negligent-lawyer-fails-to-appeal/.

05/08/2023

Avoid paying hefty penalties to the Securities and Exchange Commission (SEC) by availing of their Amnesty Program.

Have you submitted your corporation’s email addresses and mobile phone numbers to the SEC?

Pursuant to SEC Memorandum Circular No. 28, Series of 2020, all corporations, partnerships, associations, and individuals registered with the SEC are required to designate their official email addresses and mobile phone numbers, and submit them to the Commission using the forms annexed to the circular.

Registered corporations at the time of the issuance of MC 28 were given until November 11, 2021 to comply submit their reports. Meanwhile, newly registered corporations must comply within 30 days from the issuance of their certificate of registration, license, or authority.

Non-compliance with MC 28 will result in a penalty of P10,000. If your corporation failed to file its MC28 report within the prescribed time, grab the chance of paying a lower penalty through the SEC Amnesty Program until September 30, 2023 only.

28/07/2023

Landmark Decision from the Supreme Court, on copyrighted music, published today.

1. Off the Grill restaurant should have obtained a license from FILSCAP and paid the necessary fees, for (a) allowing live bands to play copyrighted music; and (b) playing recorded copyrighted music in its premises.

2. Filing a duplicate of the document assigning the rights to copyrighted musical works is permissive and not mandatory upon the author or the assignee (such as FILSCAP). Assignees cannot be compelled to file a duplicate copy of the document evidencing the assignment, and have the deeds or agreements published in the IPO Gazette before their rights can be invoked or enforced.

3. Under the Berne Convention, the enjoyment of rights protected by copyright "shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of work." The purpose of registration is to protect subsequent purchasers or mortgagees for value and without notice, since in principle, it is similar to the filing and recording statute pertaining to chattel mortgages.

4. As the assignee, FILSCAP has the right to demand compensation for the playing or performance in public of copyrighted musical works under its catalogue in establishments or other venues, when infringement is being committed due to the absence of a license and payment of fees.

5. The Court acknowledges that FILSCAP, by authority of the deeds/agreements, represents the owners or holders of copyrighted musical works under its catalogue. As the assignee, FILSCAP is tasked to monitor and issue licenses to persons, businesses, establishments, and the like which are interested to play or perform these musical compositions. Although it seems trivial or outrageous to collect fees for this purpose especially when almost everything is readily accessible to the listening public, the copyright owners are still entitled to be compensated for their creative work. There is no question that they invested time, creativity, talent, and effort in the creation and development of their compositions. Thus, assigning FILSCAP to pursue their intellectual property rights on their behalf should not be taken against FILSCAP, as it is acting not merely for its own benefit, but for the copyright owners' as well. Still, FILSCAP's monitoring, licensing, and its other functions should all be exercised within reasonable, proper, and just means.

COSAC, Inc. v. Filipino Society of Composers, Authors, and Publishers, Inc., GR 222537, 28 Feb 2023

* * *
Paki-basa na lang po ang comments section, kung may mga tanong tungkol sa Decision, at kung paano naman ang mga small-time establishments at bands. Baka po mas mabigyang linaw. Salamat!

07/07/2023

The Law Offices of Ian Ll. Macasinag & Associates is looking for two (2) paralegals who are either enrolled as law students or a Juris Doctor.

Interested applicants may send their CV to [email protected]. Kindly indicate “Paralegal Applicant” as the subject of the email.

Thank you!

24/06/2023

Bicol College School of Law is back with another empowering event!

Get ready as the Barangay Legal Caravan returns, and this time it's heading to Barangay San Francisco, Sto. Domingo, Albay!

Join us on July 1, 2023, from 8 am to 4 pm, as our dedicated law students, together with experienced supervising lawyers, offer FREE LEGAL SERVICES to those in need. We aim to make legal services accessible to all who are interested.

Don't miss out on this opportunity to avail of our free legal assistance!

Mark your calendars now and be a part of this transformative event. Spread the word and let everyone know!

18/05/2023

The Supreme Court reiterates that Republic Act 9262, or the Anti-Violence against Women and their Children (VAWC) Act, protects all women, including women in le***an relationships.

The Court in Sandra Jane Gagui Jacinto vs Maria Eloisa Sarmiento Fouts, GR No. 250627 fated December 7, 2022 held:

“VAWC may likewise be committed ‘against a woman with whom the person has or had a sexual or dating relationship.’ Clearly, the use of the gender-neutral word ‘person’ who has or had a sexual or dating relationship with the woman encompasses even le***an relationships.”

Read Full Text: https://sc.judiciary.gov.ph/250627-sandra-jane-gagui-jacinto-vs-maria-eloisa-sarmiento-fouts/?fbclid=IwAR1n2iK0x9KUqzGOvtok-C2p7j2ZuOVc_TcJNeb1EjH63IoxprYNykFfLss

The Supreme Court of the Philippines respects your privacy, and your data privacy rights, as well as employs reasonable measures to protect your personal data in accordance with Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations, and the various issu...

17/04/2023

𝗥𝗘𝗦𝗣𝗢𝗡𝗦𝗜𝗕𝗟𝗘 𝗨𝗦𝗘 𝗢𝗙 𝗦𝗢𝗖𝗜𝗔𝗟 𝗠𝗘𝗗𝗜𝗔

A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use.

𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗹𝗲 𝘂𝘀𝗲

A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media. (Section 36, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗢𝗻𝗹𝗶𝗻𝗲 𝗽𝗼𝘀𝘁𝘀

A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law. (Section 37, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗡𝗼𝗻-𝗽𝗼𝘀𝘁𝗶𝗻𝗴 𝗼𝗳 𝗳𝗮𝗹𝘀𝗲 𝗼𝗿 𝘂𝗻𝘃𝗲𝗿𝗶𝗳𝗶𝗲𝗱 𝘀𝘁𝗮𝘁𝗲𝗺𝗲𝗻𝘁𝘀, 𝗱𝗶𝘀𝗶𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻

A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation. (Section 38, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗣𝗿𝗼𝗵𝗶𝗯𝗶𝘁𝗶𝗼𝗻 𝗮𝗴𝗮𝗶𝗻𝘀𝘁 𝗳𝗿𝗮𝘂𝗱𝘂𝗹𝗲𝗻𝘁 𝗮𝗰𝗰𝗼𝘂𝗻𝘁𝘀

A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA. (Section 39, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗡𝗼𝗻-𝗱𝗶𝘀𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗼𝗳 𝗽𝗿𝗶𝘃𝗶𝗹𝗲𝗴𝗲𝗱 𝗶𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 𝘁𝗵𝗿𝗼𝘂𝗴𝗵 𝗼𝗻𝗹𝗶𝗻𝗲 𝗽𝗼𝘀𝘁𝘀

A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA. (Section 40, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗗𝘂𝘁𝘆 𝘁𝗼 𝘀𝗮𝗳𝗲𝗴𝘂𝗮𝗿𝗱 𝗰𝗹𝗶𝗲𝗻𝘁 𝗰𝗼𝗻𝗳𝗶𝗱𝗲𝗻𝗰𝗲𝘀 𝗶𝗻 𝘀𝗼𝗰𝗶𝗮𝗹 𝗺𝗲𝗱𝗶𝗮

A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account. (Section 41, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗣𝗿𝗼𝗵𝗶𝗯𝗶𝘁𝗶𝗼𝗻 𝗮𝗴𝗮𝗶𝗻𝘀𝘁 𝗶𝗻𝗳𝗹𝘂𝗲𝗻𝗰𝗲 𝘁𝗵𝗿𝗼𝘂𝗴𝗵 𝘀𝗼𝗰𝗶𝗮𝗹 𝗺𝗲𝗱𝗶𝗮

A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties. (Section 42, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗟𝗲𝗴𝗮𝗹 𝗶𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻; 𝗹𝗲𝗴𝗮𝗹 𝗮𝗱𝘃𝗶𝗰𝗲

Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media

A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service. (Section 43, Canon II of CPRA A.M. No. 22-09-01-SC)

𝗢𝗻𝗹𝗶𝗻𝗲 𝗽𝗼𝘀𝘁𝘀 𝘁𝗵𝗮𝘁 𝗰𝗼𝘂𝗹𝗱 𝘃𝗶𝗼𝗹𝗮𝘁𝗲 𝗰𝗼𝗻𝗳𝗹𝗶𝗰𝘁 𝗼𝗳 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁

A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA. (Section 44, Canon II of CPRA A.M. No. 22-09-01-SC)

14/04/2023

100% passing rate for the paralegals of The Law Office of Ian Ll. Macasinag & Associates.

Congratulations soon-to-be Atty. John Lomerio, Atty. Gabriel Naparato, Atty. Dianne Bisoña and Atty. Martin Macasinag!