Court’s digital transformation forced by Covid-19

The legal industry has been resilient to change, innovation, and technology. There is so much romanticism in doing many things the "old-fashioned way". Many think that you are not a lawyer unless you use a pen and a legal pad, open a law book, or burn the midnight oil. This kind of fixed mindset make …

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Judicial affidavits should be required after Pre-Trial

Judical affidavits are best submitted after the Pre-Trial. It is ineffective and inefficient to require submission of judicial affidavits before Pre-Trial. During Pre-Trial, parties may enter into stipulations to limit and guide the flow of trial via the Pre-Trial Order. Thus, a judicial affidavit would be limited to the contents of the Pre-Trial Order. It …

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Law Updates: Small claims now up to P400K

The Supreme Court has announced through its Courts News Flash that the limit on small claims will be increased starting on April 2019. Summary: Starting 01 April 2019, small claims cases up to Php400,000.00 may now be filed with the Metropolitan Trial Courts. Courts are required to resolve the case within 30 days from filing …

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Is confession of judgment legal in the Philippines?

IMAGINE SIGNING UP A LOAN DOCUMENT WHICH STATES THAT YOU CONFESS TO ALL CONSEQUENCES OF A DEFAULT. In a Bloomberg episode entitled "Sign Here to Lose Everything", the show explores the world of lending where creditors require their debtors to sign loan documents which provide for stipulations whereby the debtors admit to the consequences and …

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Lawyer for a complainant in airline dispute – a case study

NOTHING REINFORCES TECHNICAL RULES MORE THAN A LAWYER FOR A COMPLAINANT The first breach of contract case I handled (a long time ago) involved an airline passenger and his wife who were unable to take their scheduled flight. We represented the airline. I came into the picture the night before a scheduled mediation hearing. I …

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Contractor asked to be sued to make Principal liable – a case study

CONTRACTORS COME IN DIFFERENT FORMS, THIS ONE IS IN THE ROTTEN GROUP. Author's Note and Disclosure: The author is a Director of a DOLE-registered legitimate job contractor engaged in permissible job contracting compliant with the laws on contracting and subcontracting, as well as DOLE DO-174 and related regulations. Yesterday, I was fortunate to have had …

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