Don't Drink and Drive

Drunk driving is now officially illegal in the Philippines.

We have heard Hollywood celebrities being fined or incarcerated for drunk driving. But in this little piece of archipelago in the equator which we call the Philippines, drunk driving has not been made illegal until recently, when Pres. Benigno Simeon C. Aquino signed Republic Act 10586 or An Act Penalizing Persons Driving Under the Influence of Alcohol, Dangerous Drugs, and Other Similar Substances.

The law mandates law enforces such as the police, to conduct sobriety tests, but the law does not define what level of intoxication falls under the definition of driving under the influence.

Excerpts of the law are quoted below:

Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of intoxication, as established jointly by the Department of Health (DOH), the National Police Commission (NAPOLCOM) and the Department of Transportation and Communications (DOTC).

Driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated under Republic Act No. 9165, is found to be positive for use of any dangerous drug. 

Field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.

 Full text of the law may be found after the jump.

Family Lawyer

Like doctors, more and more lawyers are now into specializations. When I was a kid, I haven't thought of lawyers having their own niche but now, more lawyers are finding their own field in the vast ocean of laws legal battles. Some lawyers specialize in real estate, criminal prosecution, or civil law. What's great about specialization is that a lawyer can focus his attention to one specific branch of law and be great in that certain field

When in Canada, a family lawyer Montreal is what you need when you have legal questions concerning family law, divorce, and child care. For dual-language countries, it is also best to choose a lawyer who can speak your native tongue. Though English is widely used in Canada, there are a still several Canadians who remain to speak French and could be looking for their avocat droit divorce Montreal.

An avocat is a lawyer, he is your advocate, he will be the one to inform you of your rights and protect them. In my previous post, I mentioned that it is important for one party to hire his own lawyer, and hiring a lawyer should not only come when there is a court litigation, but having a lawyer who could answer all your legal questions would be most beneficial. Specially in family-related cases such as divorce, child custody and support, and inheritance, a lawyer is the best person that could help you in settling family disputes, estates, and he could also represent you in all your legal battles.

Senate vs. Ermita , GR 169777, April 20, 2006

FACTS:
This is a petition for certiorari and prohibition proffer that the President has abused power by issuing E.O. 464 “Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on Executive Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in Aid of Legislation Under the Constitution, and for Other Purposes”. Petitioners pray for its declaration as null and void for being unconstitutional.

In the exercise of its legislative power, the Senate of the Philippines, through its various Senate Committees, conducts inquiries or investigations in aid of legislation which call for, inter alia, the attendance of officials and employees of the executive department, bureaus, and offices including those employed in Government Owned and Controlled Corporations, the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP).

The Committee of the Senate issued invitations to various officials of the Executive Department for them to appear as resource speakers in a public hearing on the railway project, others on the issues of massive election fraud in the Philippine elections, wire tapping, and the role of military in the so-called “Gloriagate Scandal”. Said officials were not able to attend due to lack of consent from the President as provided by E.O. 464, Section 3 which requires all the public officials enumerated in Section 2(b) to secure the consent of the President prior to appearing before either house of Congress.

ISSUE:
Is Section 3 of E.O. 464, which requires all the public officials, enumerated in Section 2(b) to secure the consent of the President prior to appearing before either house of Congress, valid and constitutional?

RULING:
No. The enumeration in Section 2 (b) of E.O. 464 is broad and is covered by the executive privilege. The doctrine of executive privilege is premised on the fact that certain information must, as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an exemption from the obligation to disclose information, in this case to Congress, the necessity must be of such high degree as to outweigh the public interest in enforcing that obligation in a particular case.

Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of legislation. If the executive branch withholds such information on the ground that it is privileged, it must so assert it and state the reason therefor and why it must be respected.

The infirm provisions of E.O. 464, however, allow the executive branch to evade congressional requests for information without need of clearly asserting a right to do so and/or proffering its reasons therefor. By the mere expedient of invoking said provisions, the power of Congress to conduct inquiries in aid of legislation is frustrated.

Polygraph Test | People of the Philippines versus Pablo Adoviso

Case Digest: People vs Adoviso 309 SCRA 1

Pablo Adoviso, and four John Does, were tried for the MURDER of Rufino Agunos and Emeterio Vazquez. Pablo Adoviso was positively identified by Bonifacio Agunos, the son of one of the victims, because the former did not wear a mask in the perpetration of the crime.

Aside from denial and alibi, the defense also offered in evidence the testimony of Ernesto A. Lucena, Polygraph Examiner II of the National Bureau of Investigation (NBI) in Manila, who conducted a polygraph test on Adoviso.  In Polygraph Report No. 900175, Lucena opined that Adoviso’s “polygrams revealed that there were no specific reactions indicative of deception to pertinent questions relevant” to the investigation of the crimes.

The trial court found Adoviso guilty.

On the premise that the trial court rendered the judgment of conviction on the basis of “mere conjectures and speculations,” appellant argues that the negative result of the polygraph test should be given weight to tilt the scales of justice in his favor.

A polygraph is an electromechanical instrument that simultaneously measures and records certain physiological changes in the human body that are believed to be involuntarily caused by an examinee’s conscious attempt to deceive the questioner. The theory behind a polygraph or lie detector test is that a person who lies deliberately will have a rising blood pressure and a subconscious block in breathing, which will be recorded on the graph. However, American courts almost uniformly reject the results of polygraph tests when offered in evidence for the purpose of establishing the guilt or innocence of one accused of a crime, whether the accused or the prosecution seeks its introduction, for the reason that polygraph has not as yet attained scientific acceptance as a reliable and accurate means of ascertaining truth or deception. The rule is no different in this jurisdiction.  Thus, in People v. Daniel, stating that much faith and credit should not be vested upon a lie detector test as it is not conclusive.  Appellant, in this case, has not advanced any reason why this rule should not apply to him.

Appellant was therefore correctly adjudged guilty of two counts of Murder.  Treachery qualified the killings to murder.  There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. In other words, there is treachery when the attack on an unarmed victim who has not given the slightest provocation is sudden, unexpected and without warning. The victims in this case were totally unaware of an impending assault – Rufino was sleeping and Emeterio was going down the stairs when they were shot.

The RTC Judgment is affirmed.

Drunk Driving and How To Avoid It

You must have realistic expectations when you contact a lawyer to handle your drunk driving charges. If this is your first offense, you may assume that an experienced Alameda County DUI lawyer will have no problems getting the charges dismissed. If this is not your first charge, then you may still hold out hope that the right lawyer will have the magic touch to get you out of jail time or save your license. There is never any guarantee that a lawyer can get you off of all charges. There is no guarantee that you will not serve jail time in some cases, and in other cases there may be no way around losing your license for a given period of time.

That may lead you to one question: why hire a lawyer if they cannot guarantee you the results you want?

You hire a DUI lawyer to maximize your chances of having the charges dismissed or getting a lighter punishment than you would receive without a lawyer. An experienced lawyer will know the laws of Alameda County in-depth. That knowledge will allow them to tell you clearly what is and is not possible with your case. You will know what to expect before you walk into court, and you will know in the end that you got the best deal possible. If you go into court without a lawyer, you still have no guarantees of the outcomes of your case. Why not give yourself the best chance possible by hiring an experienced lawyer?

The Importance of Hiring a Lawyer

Some people draft memoranda and agreements without consulting a lawyer. Other sell or purchase real properties with just an oral promise or a a simple written note without the assistance of a notary public. In some cases, not hiring a lawyer is just alright but most of the time, these situations pose great risks between the parties.

Some people go to the lawyer at the last hour, when there is little to no hope of reconciliation. These people shun the services of lawyers for the fear that they will be paying large fees. However, going to court and ironing out defective agreements and broken relationships entail larger expenses.

It is important for parties to hire a lawyer to protect their rights and interests. To erase all doubts, each party may even hire his own lawyer who will be the one to deal with the other party's lawyer. If you have a lawyer, you will be informed of your rights and you will know the effects and consequences of the documents you sign, if any.

When you are in doubt, or if you have any legal questions, it is best to hire a lawyer.

What is CEDAW and its relation to VAWC and RH Law

In the Philippines, not many of us know about the international treaties that our government has signed into. One of the conventions which the Philippines has ratified is the Convention on the Elimination of All Forms of Discrimination Against Women or CEDAW for short.

The Philippines, being one of the signatories of CEDAW, is legally bound to put into practice the 30 provisions of the convention. This means that our country is supposed to create a local law that will pave the way for the implementation of the convention and concretize the protection of human rights and fundamental freedoms of women, and with this, we have passed the Anti-Violence Against Women and their Children or commonly known as VAWC. CEDAW's provisions also affirms the reproductive rights of women, and also because of our commitment to CEDAW, the Reproductive Health Bill has finally been signed into as law even after much debate and objection. 

You can visit the UN website for the complete text of the Convention on the Elimination of All Forms of Discrimination Against Women.

How To Initiate Bankruptcy Proceedings

You do not have to be in debt for the rest of your life. If you have accumulated a large amount of debt and have fallen behind on your payments, you are probably starting to get harassing phone calls from debt collectors. The stress you feel every time the phone rings does not have to go on any longer if you file for bankruptcy. Bankruptcy should be your last option because it does carry consequences that will stay with you for as long as ten years. However, it may be time to talk to a bankruptcy attorney Lincoln NE to see if you are a good candidate for bankruptcy. You can schedule a free consultation with a bankruptcy attorney and go over your personal situation to see if you are a good candidate for filing a case. You are never under any obligation to proceed and the attorney may actually suggest that there are better alternatives for you than bankruptcy. Once you do decide to file, you should be prepared for a process that can take several months from start to completion. You will be asked to fill out some forms, including one that lists your creditors and the amount you owe to each. You will also have to provide an accounting of all of your monthly expenses and the income you earn each month. There is a financial education class that you must attend and you will have to go to a hearing, with your attorney, to answer some questions presented by a bankruptcy trustee. Once you go through all of the steps, you will usually receive a written notice in about a month or so stating that your debts have been discharged.

How to acquire JURISDICTION over a person

There are different ways by which a court acquired jurisdiction over a person. We need to know first who the person, or party is, before we can determine how the court acquires jurisdiction over him. First, we need to distinguish between the plaintiff and defendant and we also need to determine whether the case is a civil case or a criminal case.

For civil cases, the plaintiff is the one who files the complaint. Jurisdiction over the person of the plaintiff is automatically acquired at the moment the plaintiff files his complaint, the acquisition of jurisdiction is automatic. Meanwhile, jurisdiction over the person of the defendant is acquired by service of summons. Proper service of summons is required before a defendant may be held under the jurisdiction of the court. This is very important because if no summons were served to the defendant, the court's judgment is void.

Jurisdiction over the person of an accused is acquired upon either his apprehension, with or without warrant, or his voluntary submission or appearance to the jurisdiction of the court. When you encounter the term "accused," this refers to criminal cases.

Divorce in Montreal

Divorce is an ugly procedure. Nobody wants to go into the tiny details of divorce, specially the couple, because of the taxing emotional whirlwind it involves. Nobody wants to break a family (or a relationship) apart but sadly, realities leave us facing with situations where a couple could no longer work things out and the only resort that they have is to break the tie the binds them. It's not an easy process, and that is the reason why most of the divorcing couples would leave everything up to their lawyer.

Divorce is now widely accepted in most countries all over the world and is a part of family law, the latter dealing also with child custody, support, and inheritance. A good divorce lawyer is one who does not only specialize in divorce but also has a good background in family law because necessarily, things such as child custody and support would always come up if the divorcing parents have children. It is always the best interest of the children that must be put in mind when dealing with divorce, after all, they are the ones who are greatly affected by the broken union of their parents.

Find the right divorce lawyer in Montreal for you. Your avocat droit divorce montreal is someone who can process your divorce with the least stress for you and your family. Your lawyer must know the rudiments of Montreal Family Law and must inform you of your and your children's rights before, during, and after the divorce.

Finding Civil Lawyers in Quebec

Civil Law differs from country to country. In other countries, civil law is sometimes referred to as private law, and to some, it includes common law. Generally, it is a codified body of rules that delineate private rights, provides for remedies, and govern disputes involving private individuals, including but not limited to contracts, family law, and property.

Quebec is a province in Canada but it's different in the sense that it is the only province which uses French as its official language. The population is predominantly French-speaking and Laval, a city located at the southwestern part of Quebec, and north of Montreal, is no exception. That's why when you're in Laval, it is not uncommon to find French-speaking civil lawyers, or what they locally call as avocat civil laval.

Your avocat civil can represent you in the following cases: estate proceedings,all kinds of damages, personal injury, and will determine if you are entitled to a compensation for infringement. They can also assist you either in filing a suit of in defending yourself. If you have caused any damage to others, and you feel that you have a liability, it is best to hire your own avocat civil not only to determine the right amount of compensation that you are obliged to recompense but also to protect your rights as a defendant.

May 13 is Election Day

It's Election time once again and please remember that liquor ban and gun ban are currently being implemented all over the Philippines. Let us all exercise our right to vote. Remember that not all citizens of the world have a chance to choose their own leaders and we, Filipinos, are given the right to vote so let's all exercise our right to suffrage.

The synchronized national and local elections for May 13, 2013 require us to vote for 12 senators, one governor and one vice governor, one mayor and one vice mayor, one congressman, a specific number of councilors for each district depending on the number of population for that specific district, and we also need to vote one party-list.

This is the second time that the PCOS machine will be used for the Philippine elections. PCOS stands for Precinct Count Optical Scan. Remember not to waste your ballot by carefully shading the oval corresponding to your chosen candidate. Do not shade more than the required number of votes. Otherwise, your whole ballot will be wasted.

Precincts will be open from 7AM to 7PM. Let's all vote this May 13!