Hello blog.

I cannot believe these Rules were amended in 2007 and I didn't know until earlier today when one of the partners circulated a memo on the amendments to Rule 65. These are substantial amendments, mind you. So, lawyer friends, please take note. I underlined the amendments for ease of reference. Well, at least I tried to, as much as possible. Hope this helps.


A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT

RULE 41

Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.

No appeal may be taken from:

(Ed.: Note that these used to be enumerated (a) to (h). Par. (a) which read "An order denying a petition for relief or any similar motion seeking relief from judgment" was taken out of the provision.)

1. An order denying a petition for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent;
5. An order of execution;
6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and
7. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as provided in Rule 65.

RULE 45

Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.

RULE 58

Sec. 5. Preliminary injunction not granted without notice; exception. No preliminary injunction shall be granted without hearing and prior notice to the party or persons sought to be enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice, the court to which the application for preliminary injunction was made, may issue ex parte a temporary restraining order to be effective only for a period of twenty (20) days from service on the party or person sought to be enjoined, except as herein provided. Within the twenty-day period, the court must order said party or person to show cause at a specified time and place, why the injunction should not be granted. The court shall also determine, within the same period, whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding order.

However, subject to the provisions of the preceding sections, if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-sala court or the presiding judge of a single-sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance, but shall immediately comply with the provisions of the next preceding section as to service of summons and the documents to be served therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days, including the original seventy-two hours provided herein.

In the event that the application for preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed automatically vacated. The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect, and no court shall have authority to extend or renew the same on the same ground for which it was issued.

However, if issued by the Court of Appeals or a member thereof, the temporary restraining order shall be effective for sixty (60) days from service on the party or person sought to be enjoined. A restraining order issued by the Supreme Court or a member thereof shall be effective until further orders.

The trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals that issued a writ of preliminary injunction against a lower court, board, officer, or quasi-judicial agency shall decide the main case or petition within six (6) months from the issuance of the writ.

RULE 65

Sec. 4. When and where to file the petition. The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion.

If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed with the Court of Appeals or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals.

In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.

Sec. 7. Expediting proceedings; injunctive relief. The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case, unless a temporary restraining order or a writ of preliminary injunction has been issued, enjoining the public respondent from further proceeding with the case.

The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge.

Sec. 8. Proceedings after comment is filed. After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If, after such hearing or filing of memoranda or upon the expiration of the period for filing, the court finds that the allegations of the petition are true, it shall render judgment for such relief to which the petitioner is entitled. (Ed.: The old provision stated that the court shall render judgment for the relief prayed for or to which the petitioner is entitled.)

However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court.

The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.

(Ed.: Moral of the story: Careful what you file. You just might get it. Hehe! Anyway, enough about the serious stuff. I'm hungry. And it's Gossip Girl night. Bye all! I'll post something more remotely interesting next time.)

Free Laundry for Ondoy Victims

Bits and Snippets of the Philippines
Free Laundry for Victims of Typhoon Ondoy

Posted in Aid and Assistance by Raffy Pekson II on October 3, 2009

Below is a message relayed through the Facebook Group “Philippine Renaissance International Movement.”

In summary, typhoon victims, local government units, non-profit organizations and other groups involved in relief operations may send their dirty laundry to:

Kalinisan Steam Laundry, Inc.
No. 10 Manggahan Street, Bagumbayan, Libis, Quezon City
Tel. No. 635-0601 to 05 local 128
Mobile No. 0917-890-9577 (look for Alex Malco)
Mobile No. 0917-859-1917 (look for Espie Ditablan)
Mobile No. 0917-893-6630 (look for Atty. Raul Lambino)
============ ========= ========= ========= ========= =====

Today October 3, 2009, in a lunch meeting with my client MR. WYDEN KING, owner of KALINISAN STEAM LAUNDRY, INC., one of the biggest industrial laundry company in the country that serves various big establishments like hotels, hospitals, & garment factories, he has told me that KALINISAN is offering FREE LAUNDRY & WASHING of all clothing materials (linens, bedsheets, pants, shirts, dresses, etc.) to all victims of typhoon Ondoy in Marikina, Quezon City, Cainta, Pasig, Taguig, Antipolo City and other areas in NCR, Rizal & Southern Tagalog. He instructed me to help disseminate this information so Kalinisan can immediately serve our people.

After the meeting, I immediately called up Mayor Mon Ilagan of Cainta, Rizal about this development and texted various friends in the media. Then I went to the Kalinisan warehouse at No. 10 Manggahan St., Bagumbayan, Libis, Quezon City where the factory is situated and conferred with the people in charge of the operations. I saw some dirty clothings already arriving from numerous victims and even saw more than 500 people-evacuees who are comfortably housed at the Kalinisan warehouse and supplied with foods, water and other needs mostly from Mrs. Peachy King, wife of Mr. Wyden King. Their condition is much-much better of than those who are now in other evacuation centers.We enjoin the concerned LGUs, government agencies, NGO’s , foundations, other individuals and the victims themselves to bring to Kalinisan such cloth items if theY have the logistics to do so, or coordinate with their respective LGUs how we can effectively carry out this mission.

You can get in touch directly to Kalinisan by calling or texting these numbers:

Tels. 6350601 to 05 local 128; CP # 0917-8909577 look for ALEX MALCO; or 0917-8591917 look for ESPIE DITABLAN. Likewise, you may call or text me at 09178936630.

Please pass this Note to others & let us do our little share in helping and uniting our nation by alleviating the plight of those who are most in need at such kind of moment. God bless us all.

ATTY RAUL LAMBINO

Yellow

I was barely a year old when Ninoy Aquino was assassinated in August of 1983. I was a toddler when millions of people flocked to EDSA and reclaimed democracy for the Philippines. Why, one might ask, am I so affected by the death of former President Cory Aquino?

My mom (God bless her soul.) was a classic idealist of her generation. To my lolo’s great frustration, she, like many of her peers, was a student activist in her youth. She and several friends founded an organization that later became one of the better known student activist groups. They used the basement of my grandfather’s company as their meeting place, their makeshift headquarters. When the military heard of this budding movement, plans were made to alleviate the potential thorn. As luck would have it, my lolo had a close friend from way back who happened to be a highly-regarded general. Having heard of the planned raid within minutes of the actual deployment of soldiers, he promptly phoned my lolo to warn him. My lolo had all papers, paraphernalia and other materials in the basement that could be traced to my mom be burned or otherwise destroyed. My mom was promptly sent to distant relatives in far-flung Gumaca, Quezon, which, if you’ve been there, is almost literally in the middle of nowhere. Quezon being NPA country, was a relatively safe place to hide, at least until things in Manila died down.

When I was young, my mom and I used to go through her old photos from college, and she would always tear up when she showed me pictures of her friends who died or disappeared during Martial Law. One friend of hers, a tall, fair-skinned, rather frail-looking girl, was imprisoned for activist activities, and died in prison. That was not the worst part. My mom told me, her voice cracking, that her friend was gang-raped by prison guards, and at some point, withdrew into insanity when she could no longer take the pain. She later hung herself in the same cell that had borne witness to the vile, despicable acts that had driven her to seek refuge in herself.

My mom had strong political beliefs, and would never back down when opposed. Prior to the 1992 elections, I remember my mom and my dad had a rather heated argument over who to vote for. My mom was a strong Salonga supporter, and staunchly opposed my dad’s politics. My mom valued her right to suffrage, and felt it was her responsibility to thoroughly discern who would best serve the country. My dad, well, at the time, I remember him saying that he would vote for this or that candidate based on how he thought HE would benefit. And there the great debate came to a screeching halt. Enter the war that my dad should have realized he had no chance of winning.

In the fashion that my lolo raised them, my mom did her best to teach us to speak not only when spoken to. Opinions were made to be expressed. Beliefs were made to be acted upon. We were punished for transgresses, but not before we explained at great length why we did what we did, and were made to understand why we were being punished.

When I was in college, I remember having heard at a forum that our generation, compared to our parents’, was essentially a generation of spoiled brats with no balls, so to speak. We had never had to live through a war, to fight for suffrage, to help overthrow a dictatorship, to face real political struggle, had not voiced any real dissent, and if one really thinks about it, it IS true. Our grandparents had the Second World War. Our great-grandparents had the First. Our parents had both the Vietnam War AND Martial Law.

It was in the context of this debate about whether our generation did have balls that EDSA 2 came around. Although I can only speak for those I know personally, and for those whom I had the opportunity to talk to during those several days we spent in the midst of a growing throng of people, I think it would be accurate to say that we thought we were doing a great thing, standing up for what was right and just, actively fighting against what we believed was a corrupt and immoral regime. We were a generation of idealists, albeit a more tech-savvy one.

I do not regret having participated then. I DO regret the circumstances that we somehow thrust the country into post-EDSA 2. Looking back, I find myself appalled at how such an opportunity for change was somehow manipulated into the concentration of political power in an administration that in my mind ranks second only to Marcos. Or maybe even rivals the Marcos years, if some political analysts are to be believed.

Although I was too young to know my politics all that well, it seems to me that every single president since Cory Aquino has been besieged with not unfounded charges of graft and corruption, of that dreaded Filipino affliction called padrino politics. I am sure that the Aquino administration was far from perfect. However, compared to her successors, Cory Aquino seems to me fairly unmarred by such charges. I sincerely doubt that (knock on wood) if any of her successors dies, any of them will be accorded the same respect, reverence, even, that has been given to Cory Aquino. Ironic, isn’t it, how drastically different, completely opposite, even, the two female presidents of the Philippines have turned out to be? The lady with the rosary in yellow, and the...um, gremlin. With a mole.

On a personal note, Cory’s death brings to the fore the excruciating ordeal of having lost my mom, whose death left a void that will never be filled. These thoughts come dangerously close to the death of my dear cousin Francis, who lost his life in a violent vehicular accident three months ago. With all that, my great fondness for Mama, my lola, who turned 80 last month, only serves to heighten the emotions that have been surging since I started watching the tv coverage of Cory Aquino’s affliction with cancer, her battle with the dreaded disease, and her eventual demise.

Right now, I am watching the ABS-CBN documentary Laban Ni Cory on Channel 2, which is as much a documentary on Martial Law and the EDSA People Power movement as it is about Cory Aquino. Nakakakilabot. That’s the only word that can describe it, particularly when they play Magkaisa and Handog ng Pilipino sa Mundo. It provides a glimpse at how great the people of this country can be, and how far a people united can go. This is the precise opposite of how most people I know feel, i.e. willing to swap their Filipino citizenship for another without batting an eyelash. Or, at the very least, to seek refuge, emotional, spiritual, financial or otherwise, in a foreign land.

I do not know how far Cory Aquino’s death will affect the current clamor for good governance and for political change, if any will come around at all. I do not know in what capacity, if at all, this will serve as a catalyst for things to come. However, all being said and done, I just hope that everything that our parents fought for, that all those lives that were sacrificed for the sake of that vague concept called democracy, will not go to waste. As much as I was an idealist then, I acknowledge now that such idealism fades. Left to its own vices, a candle will eventually burn out.

As I have prayed for all my loved ones who have gone ahead to what I hope is a better place, I pray for the repose of the soul of the former president, who, although I never knew her, was somehow able to touch my life in a way that very few have. I pray for her family, who are going through the most painful experience of losing a loved one.

Lastly, for all out sakes, I pray that it will not be necessary to move on to the next life to get to a better place.

Please read.

I got this from Heidi. Please pass to your UP friends.

Paying It Back for Mang Meliton a.k.a "Mang Milton"
Posted by Mike on Dec 26, '08 10:06 PM

Meet Meliton Zamora, a retired University of the Philippines

janitor and my hero.

For forty-five years, he swept floors, cleaned up trash, watered plants and did odd jobs at the University.

I met him when I was active with the UP Repertory Company, a theater group based (then) at the third floor lobby of the Arts & Sciences (AS) building. He would sweep and mop the hallway floors in silence, venturing only a nod and a smile whenever I passed him.

Back then, for me he was just one of those characters whom you got acquainted with and left behind as soon as you earned your degree and left the university for some big job in the real world. Someone whose name would probably ring a bell but whose face you'd have a hard time picturing. But for many UP students like me who were hard up and had a difficult time paying their tuition fees, Mang Mel was a hero who gave them the opportunity to finish university and get a big job in the real world.

The year was 1993 and I was on my last semester as a Clothing Technology student. My parents had been down on their luck and were struggling to pay for my tuition fee. I had been categorized as Bracket 9 in the recently implemented Socialized Tuiton and Financial Assistance Program (STFAP). My father had lost his job and to supplement my allowance, I worked part time as a Guest Relations Officer at Sam's Diner (back when the term GRO didn't have shady undertones) and took some odd jobs as a Production Assistant, movie extra and wardrobe mistress.

To be eligible for graduation, I had to enroll in my last three courses and pay my tuition fee. Since my parents didn't have enough money for my matriculation, I applied for a student loan hoping that my one of my Home Economics (HE) professors would take pity on me and sign on as a guarantor for the student loan. But those whom I approached either refused or were not eligible as guarantors. After two unsuccessful weeks of looking for a guarantor, my prospects looked dim, my future dark. And so, there I was, a downtrodden twenty year old with a foggy future, crying in the AS lobby. I only had twenty four hours left to look for a guarantor.

Mang Mel, with a mop in hand, approached me and asked me why I was crying. I told him I had no guarantor for my student loan and will probably not be able to enroll this semester. I had no hopes that he would be able to help me. After all, he was just a janitor. He borrowed my loan application papers and said softly, "Puwede ako pumirma. Empleyado ako ng UP." He borrowed my pen and signed his name. With his simple act of faith, Mang Mel not only saved my day, he also saved my future.

I paid my student loan the summer after that fateful day with Mang Milton and it has been 15 years since then. I am not filthy rich but I do have a good job in the real world that allows me to support my family and eat three meals a day. A few weeks ago, a friend and UP Professor, Daki, told me that Mang Mel recently recorded an album which he sells to supplement his meager retirement pay, I asked another friend, Blaise, who's taking his Master's degree at UP to find out how we could contact Mang Mel. My gesture of gratitude for Mang Mel's altruism has been long overdue. As fate would have it, my friend saw Mang Mel coming out of the shrubbery from behind the UP library, carrying firewood. He got Mang Mel's address and promised him that we would come over to buy his album.

Together with Blaise and my husband Augie, I went to pay Mang Mel a visit last Sunday. Unfortunately, he was out doing a little sideline gardening for a UP professor in Tandang Sora. We were welcomed into their home by his daughter Kit. As she pointed out to a laminated photo of Mang Mel on the wall, she proudly told us that her father did retire with recognition from the University. However, she sadly related to us that many of the students whose loans Mang Mel guaranteed neglected to settle their student loans. After forty-five years of service to the University, Mang Mel was only attributed 171 days of work for his retirement pay because all the unpaid student loans were deducted from his full retirement pay of about 675 days. This seems to me a cruel repayment for his kindness.

This is a cybercall to anyone who did not get to pay their student loans that were guaranteed by Mang Mel. Anytime would be a good time to show Mang Mel your gratitude.

Mang Mel is not asking for a dole out, though I know he will be thankful for any assistance you can give. So I ask those of you who also benefited from Mang Meliton's goodness or for those who simply wish to share your blessings, please do visit Mang Mel and buy his CD (P350 only) at No. 16-A, Block 1, Pook Ricarte, U.P. Campus, Diliman, Quezon City (behind UP International House) or contact his daughter Kit V. Zamora at 0916-4058104.

Baka kilala niyo.

Long weekends for 2009

Time to plan ahead, book in advance, plot your leave, etcetera,

April 9 - 13, Thursday to Monday - Maundy Thursday, Good Friday, and Araw ng Kagitingan (Bataan and Corregidor day) (5 days)

May 1 - 3, Friday to Sunday - Labor Day (3 days)

June 12 - 14, Friday to Sunday - Independence Day (3 days)

August 22 - 24, Saturday to Monday - Ninoy Aquino day (3 days)

August 29 - 31, Saturday to Monday - National Heroes' day (3 days)

November 28 - 30, Saturday to Monday - Andres Bonifacio day (3 days)

December 25- 27 Friday to Sunday - Christmas Day (3 days)

December 30 -31 Wednesday to Thursday - (Rizal Day) to January 1-3, 2010 (New Year) Friday to Sunday (5 days)

Yikes.

Is this for real???!!!

http://www.abs-cbnnews.com/nation/01/05/09/leading-law-firm-victim-scam