Points of View & Perspectives

May, 2024

  • 13 May

    ‘Pares’

    Curiosity brought us to a trending eatery near the GSIS office in Pasay City last Saturday evening.  Us meant me, my two grown-up sons, JB and Jerson, and my very good friend, Peter Anthony Espeleta setting out to discover the fuss surrounding the latest food craze in town. We just came from the nearby Rizal Memorial Coliseum in Vito Cruz, …

April, 2024

  • 26 April

    Attorney-Client Relationship

    Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with his or her confidence for the purpose …

  • 19 April

    TESTIMONIAL EVIDENCE 

    Section 22. Testimony confined to personal knowledge. – A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is, which are derived from his or her own perception. (36a) A witness must have a personal knowledge on matters that he or she is testifying. A personal knowledge is that which …

  • 5 April

    TESTIMONIAL EVIDENCE (Qualification of Witnesses)

    “Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.  Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless otherwise provided by law, shall not be a ground for disqualification”.  General rule: All persons who can perceive, and perceiving, …

  • 4 April

    Weak Defense

    The hacking of websites of different government agencies is becoming alarmingly rampant these days that one couldn’t help but ask if these institutions aren’t doing enough to thwart such cyber-attacks. For sure, these agencies have people to man their computer systems and are, in fact, spending millions of pesos to shield against cyber intruders. Yet, they proved no match to …

March, 2024

  • 12 March

    Vietnamese tycoon’s trial and lessons for Filipino high-profile legal battles

    The ongoing trial of Truong My Lan, the 66-year-old chair of Vietnamese real estate giant Van Thinh Phat, has sent shockwaves through Vietnam’s legal landscape. Accused of embezzling an astronomical sum, her case is not merely about financial malfeasance; it symbolizes a nation’s struggle against corruption and its determination to build a transparent and accountable business environment. Lan’s alleged misdeeds, …

  • 4 March

    PROTECTION OF TRADE SECRETS

    Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may …

February, 2024

  • 12 February

    Trade Secret Privilege

    Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may …

  • 5 February

    What is executive privilege?

    In the case of Romulo Neri v. Senate Committee on Accountability of Public Officers and Investigations, Senate Committee on Trade and Commerce, and Senate Committee on National Defense and Security, G.R. No. 180643, September 4, 2008, En banc the Supreme Court held: The phrase “executive privilege” is not new in this jurisdiction. It has been used even prior to the …

January, 2024

  • 24 January

    Doctor-Patient Relationship

    It provides that a doctor cannot be examined in a civil case without the consent of his patient as to communication made by the patient to the doctor or the doctor’s advice or treatment given to the patient. This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the …