V.P. TALAO LEGAL Center

14/09/2024

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Novaliches, Quezon City
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14/09/2024

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Happy Monday everyone!

CONTACT US TODAY:
📱: 09222520206 (Smart)
09673858399 (Globe)
☎️: 02-87084794
📩: [email protected]
📍: Stall 5 No. 373 Quirino Highway Talipapa,
Novaliches, Quezon City
⏰: Monday to Saturday
8AM - 5PM

01/02/2024

https://chng.it/P2cWhZdxdh

Justice for Advocate Ms. Kasturibai Manickam: A Plea for Compassion and Fairness.

30/11/2023

07/09/2023

SC Issues Amendments to Rules of Procedure in Barangay and Sangguniang Kabataan Election Contests |

The Supreme Court, during the En Banc deliberations on August 29, 2023, approved The 2023 Amended Rules of Procedure in Election Contests Involving Elective Barangay and Sangguniang Kabataan Officials (A.M. No. 07-4-15-SC), which updates the existing rules on election contests pending before the lower courts.

The 2023 Amended Rules, which shall apply prospectively to all Barangay and Sangguniang Kabataan election contests, provides for expeditious, inexpensive and just determination and disposition of such election contests.

The 2023 Amended Rules incorporates some of the provisions of the 2019 Amendments to the Rules of Civil Procedure which include, among others, the provisions on the service and filing of pleadings and the judicial affidavit rule, as well as provisions applicable to automated elections in view of the Commission on Elections’ adoption of pilot automated election system in the three (3) barangays (one [1] in Quezon City and two [2] in Cavite) in the upcoming elections.

Moreover, like in the 2022 Interim Amendments to the 2010 Rules of Procedure for Municipal Election Contests (A.M. No. 10-4-1-SC), The 2023 Amended Rules also provides for an initial recount of ballots of the pilot protested clustered precincts or mono precincts, as the case may be. This initial recount is intended to determine whether the protest is meritorious upon showing by the protestant of at least 20% substantial recovery from the overall vote lead of the protestee.

The 2023 Amended Rules shall take effect fifteen (15) days after publication once in a newspaper of general circulation or in the Supreme Court Official Website but its effectivity shall in no case be later than October 15, 2023.

07/09/2023

SC: Allegations in Information must be Precise; cannot be Stated Alternatively by Using “Or” |

The allegation in the information charging the accused of Qualified R**e under Article 266-B(1) of the Revised Penal Code (RPC), should be precise as to the relationship between the offender and the victim. The allegation cannot be stated in the alternative by using the disjunctive term ‘or.’

Thus held the Supreme Court’s First Division, in a 24-page Decision penned by Chief Justice Alexander G. Gesmundo, which partially granted the appeal by ### and affirmed with modification the ruling of the Court of Appeals (CA), Cagayan de Oro City. The Court found ### guilty of Simple R**e under Article 266-A(1)(b) of the RPC, sentencing him to the penalty of reclusion perpetua.

Read more at https://sc.judiciary.gov.ph/sc-allegations-in-information-must-be-precise-cannot-be-stated-alternatively-by-using-or/.

Read G.R. No. 245926 (People v. ###) in full at https://sc.judiciary.gov.ph/245926-people-of-the-philippines-vs-###/.

07/09/2023

SC Reiterates Ruling that Family Code can be Applied Retroactively |

The Family Code, including its concept of psychological incapacity as a ground to nullify marriage, shall be given retroactive effect, so long as no vested or acquired rights under relevant laws will be prejudiced or impaired.

Thus reiterated the Supreme Court’s First Division, in a Decision penned by Justice Ramon Paul L. Hernando, denying the Petition for Review on Certiorari filed by Arthur A. Candelario and affirming the Order of the Regional Trial Court (RTC) of San Jose, Antique.

In resolving Candelario’s petition, the Supreme Court first ruled on the issue of whether or not the Family Code applies to Candelario’s marriage.

The Court cited Article 256, which states that the Family Code “shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.” Thus, it is explicitly stated in the Family Code that the law, including its concept of psychological incapacity as a ground to nullify marriage, shall apply retroactively, so long as no vested or acquired rights under relevant laws will be prejudiced or impaired.

Read more at https://sc.judiciary.gov.ph/sc-reiterates-ruling-that-family-code-can-be-applied-retroactively/.

Read the Decision in full at https://sc.judiciary.gov.ph/222068-arthur-a-candelario-vs-marlene-e-candelario-and-the-office-of-the-solicitor-general/.

07/09/2023

SC Disbars Prosecutor for Maligning Justices, Bar Confidant |

The Supreme Court has disbarred a previously suspended prosecutor for making foul and offensive remarks to the Justices of the Supreme Court and for berating and insulting the Bar Confidant.

In a 16-page per curiam Decision, the Court disbarred from the practice of law Atty. Perla D. Ramirez for violating the Lawyer’s Oath and Rule 7.03 of Canon 7, Rule 8.01 of Canon 8, and Rule 11.03 of Canon 11 of the Code of Professional Responsibility (CPR). Her name was ordered stricken off the Roll of Attorneys, effective immediately.

In ruling on Ramirez’s case, the Court adopted the OBC’s recommendation, stressing that “the practice of law is not a right, but a mere privilege which is subject to the inherent regulatory power of this Court.”

The Court underscored the canons governing the lawyers’ conduct towards the legal profession, among which are Canon 7, which states that a lawyer shall at all times uphold the integrity and the dignity of the legal profession and support the activities of the Integrated Bar; Canon 8, which states that a lawyer shall conduct oneself with courtesy, fairness and candor towards one’s professional colleagues, and shall avoid harassing tactics against opposing counsel; and Canon 11, which states that a lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.

The Court also stressed the purpose of disbarment as a penalty: “[it] is not to punish the individual Attorney himself or herself, but rather ‘to safeguard the administration of justice by protecting the Court and the public from the misconduct of officers of the Court.’”

The Court added that disbarment is intended to cleanse the ranks of the legal profession of its undesirable members, “especially those who have disregarded their oath and have proved to be unfit to continue discharging the trust reposed in them as members of the bar, just like Ramirez in this case.”

Read more at https://sc.judiciary.gov.ph/sc-disbars-prosecutor-for-maligning-justices-bar-confidant/. Read the Decision in full at https://sc.judiciary.gov.ph/10372-aurora-r-ladim-angelito-a-ardiente-and-danilo-s-dela-cruz-vs-atty-perla-d-ramirez/.

07/09/2023

𝐄𝐗𝐄𝐂𝐔𝐓𝐈𝐕𝐄 𝐎𝐑𝐃𝐄𝐑 𝐍𝐎. 𝟑𝟗, 𝐬. 𝟐𝟎𝟐𝟑
Signed on 31 August 2023

𝐈𝐌𝐏𝐎𝐒𝐈𝐓𝐈𝐎𝐍 𝐎𝐅 𝐌𝐀𝐍𝐃𝐀𝐓𝐄𝐃 𝐏𝐑𝐈𝐂𝐄 𝐂𝐄𝐈𝐋𝐈𝐍𝐆𝐒 𝐎𝐍 𝐑𝐈𝐂𝐄

Visit the Official Gazette website: https://www.officialgazette.gov.ph/CSsHM2

06/08/2021