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The Law Student Practice Rule

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law student practice

The Law Student Practice Rule under Supreme Court A.M. No. 19-03-24-SC dated June 25, 2019 took effect at the start of the Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. 

The Law Student Practice Rule amended the provisions of Rule 139-A of the Rules of Court “to ensure access to justice of the marginalized sectors, to enhance learning opportunities of law students, to instill among them the value of legal professional social responsibility, and to prepare them for the practice of law”.   This institutionalizes “clinical legal education program in all law schools in order to enhance, improve, and stream line law student practice, and regulate their limited practice of law” and “to produce practice-ready lawyers”. 

In the frequently asked questions of the Law Student Practice Rule otherwise known as Revised Rule 138-A:

“The amendment to Rule 138-A was borne out of the recognition of the reality that the sheer number of vulnerable Filipinos is staggering and the legal aid needs of the marginalized, is overwhelming. The law schools can very well provide legal services to the underserved. On the other hand, law students learn many of the important lawyering skills only by the actual application of their learning in the classroom and through interactions with actual clients. Thus, affording the law students the opportunity for experiential learning will enable them to learn the law and make them practice- ready, while serving the community.”

Who are eligible to engage in the limited practice of law under the Law Student Practice Rule?  Under Section 3, the following are the eligibility requirements: 

(a) Level 1 certification, for law students who have successfully completed their first-year law courses; and/or

(b) Level 2 certification, for law students currently enrolled for the second semester of their third-year law courses, Provided however, where a student fails to complete all their third-year law courses, the Level 2 certification shall be deemed automatically revoked.

Section 5 of the Law Student Practice Rule provides:

Section 5Certification Application Requirements. – The law student must submit a duly-accomplished application form under oath in three (3) copies, accompanied by proof of payment of the necessary legal and filing fees.

The law school, through the dean or the authorized representative, shall submit to the Office of the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law school is located, the duly-accomplished application form together with an endorsement under oath.

Under the Law Student Practice Rule, students who have Level 1 certification may engage in the following, subject to the supervision and approval of a supervising lawyer, to wit:

(1) Interview prospective clients;

(2) Give legal advice to the client;

(3) Negotiate for and on behalf of the client;

(4) Draft legal documents such as affidavits, compromise agreements, contracts, demand letter, position papers, and the like;

(5) Represent eligible parties before quasi-judicial or administrative bodies;

(6) Provide public legal orientation; and

(7) Assist in public interest advocacies for policy formulation and implementation

On the other hand, holder of Level 2 certification may do the following, subject to supervision and approval of a supervising lawyer:

(1) Perform all activities under Level 1 Certification;

(2) Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;

(3) Appear on behalf of the client at any stage of the proceedings or trial, before any court, quasi-judicial or administrative body;

(4) In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to appear on behalf of a government agency in the prosecution of criminal actions; and

(5) In appealed cases, to prepare the pleadings required in the case.

Lee Seung Gi’s “Ordinary Man” hits 1 Million views

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Lee Seung Gi’s live rendition of his new single, “Ordinary Man”, hits 1 Million views and still rising on Youtube since it was uploaded on SBS Channel on November 15, 2020 when the song was released.

The triple treat entertainer marked his comeback to the music scene after five years since his last album, “And…”.

Lee Seung Gi’s return to the music entertainment is as powerful as his soulful voice. “Ordinary Man” is currently climbing the music charts in South Korea, being Number 1 on Genie and Bugs, Number 2 on Melon and belonging to the Top Ten on iChart. This is no easy feat because the song is the only song by an individual – the rest from (idol) groups which have a large following. The song is also popular on iTunes and Spotify where international fans can listen to his song.

Lee Seung Gi has been active as an actor and a variety show host since he completed his military service in 2017 but have since postponed his career as a singer. He may have been inactive in the music industry but it can be recalled that he debuted as a singer in the entertainment field in 2004 and singing is obviously his first love. He has been vocal that he decided to make this comeback after his performance in the variety show All The Butlers aka Master in the House singing “Forbidden Love” gained so much popularity that garnered 7 million views on YouTube. His fans were longing for his comeback after the airing of the said episode.

In the November 15, 2020 episode of All the Butlers, Lee Seung Gi was shown bringing the rest of the mainstays of the show to the house of top Korean singer-songwriter Yoon Jong Shin to convince him to write a song for him. And “Ordinary Man” is it.

Since its release, Korean celebrities Suzy, IU, Lee Hong Ki, and Yang Se Hyung have been spotted to have posted about the song in their social media accounts, with actor Kwon Sang Woo reportedly calling a radio show to request the song while on his way to shoot his Kdrama Delayed Justice.

Lee Seung Gi may be singing about a break up of an ordinary man in his song, but he is definitely extraordinary to his fans.

The actual “special powers” granted to the President under the Senate version

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Note: President Rodrigo Duterte signs Bayanihan to Heal As One Act into law on March 24, 2020. bit.ly/39eUHEv

Reposting from Dean Ada Abad

==============================

DISCLAIMER: Hindi akin ito. I just reposted kasi sabi nga niya “copy paste, no need for attribution”. Pero alam ng mga younger batch sa UP Law kung sino yan, hahaha. Sorry I was not monitoring FB kasi and just found out when someone texted. Pero agree ako sa lahat ng sinabi niya, kahit side remarks, hahaha. At super-lab ko itong batang ito.

Here are the actual “powers” granted to the President under the Senate version (which the House also adopted this morning):

1. Streamlining of accreditation of test kits (hello, FDA 👋)

2. Prompt testing of PUIs and PUMs (so dapat walang namamatay sa COVID nang hindi nate-test!)

3. Compulsory and immediate isolation and treatment of patients (so dapat bawal na pauwiin na lang)

4. PHILHEALTH coverage for all COVID-19 treatments (so dapat ba covered ng Philhealth kahit di ka official member? hintayin ang guidelines)

5. Emergency subsidy of P5,000 to P8,000 to 18 million low income households all over the country

6. Special Risk Allowance for all public health workers on in addition to the hazard pay (dapat lang cos buhay nila ang nakataya)

7. PHILHEALTH coverage for all public and private health workers in case of COVID19 exposure (ibid.)

8. Cash compensation of P100,000 to public and private health workers who may contract severe COVID-19 infection on duty, and P1 million to public and private health workers who may die fighting the COVID-19 epidemic. (this is retroactive so covered yung mga health workers na namatay since Feb 1)

9. Ensure compliance of LGUs while still respecting their autonomy (I call this the Vivico provision 💕)

10. Limited take-over with proper compensation of the following if they unjustifiably refuse or are incapable of operating during the COVID-19 crisis:
– private hospitals
– establishments for the purpose of housing health workers
– transportation for frontliners

(Wala na yung general take over kasi weird naman talaga yun)

11. Enforce anti-hoarding and profiteering measures for food, clothing, medical supplies etc (dapat hulihin rin yung mga yayamanin na nag-hoard for their personal over consumption e no)

12. Ensure that donation of health products are not delated (hello FDA uli 👋)

13. Priority procurement, allocation and distribution of medical goods such as test kits, PPEs, medical devices (i.e. mechanical ventilators), and medicines (i.e. vaccines) (#MassTestingNowPH)

14. Allocation of these medical goods to COVID-19 referral hospitals (PGH, Lung Center, JRM, private hospitals with COVID 19 patients) (so hospitals, pag di kayo nakatanggap, kasalanan na po ng Presidente)

15. Engage volunteer health workers who shall get compensation + hazard pay (pinush talaga ang sandamakmak na benefits for health workers. Dun man lang, makabayad tayo. Thank you frontliners!)

16. Availability of credit and lower interest rates for production

17. Incentives to manufacturers/importers of healthcare supplies

18. Ensure supply chain of food and medicine (reasonably necessary measures daw so ito dapat bantayan sa IATF guidelines)

19. Regulate transportation and traffic (to make the quarantine effective at para tanggalin ang mga OA na checkpoints)

20. Authorize alternative work arrangements for both government and private sector (na current status naman na)

21. Additional budget from the Executive Department for DOH, UP PGH, calamity fund, DOLE for the displaced workers, DTI Livelihood Seeding Program, DA Rice Farmers Financial Assistance, DEPED School Based Feeding Program (di ko gets to kasi wala naman pasok sa school? haha), DSWD Assistance to Individuals in Crisis Situations, LGUs, Quick Response Funds. (Executive funds lang gamit dito so no transfers between branches which is prohibited under the Consti. Yung mga Executive items na mawawalan ng budget, pwede daw irevive within 2 fiscal years)

22. Use of Special Purpose Funds for COVID-19 response (so yung mga pork at lump sums na pinag-awayan ng matagal mapunta lang sa veerus haha)

23. Move statutory deadlines for filing of any legal document (so covered na dito ang tax. Court deadlines kaya?)

24. Moratorium for all loans including personal, housing, motor vehicle, credit cards falling due within the period of quarantine for a minimum of 30 days without penalties, interests and other fees (so pwedeng di muna magbayad ng utang for 30 days. Pero yung utang mo sa kapitbahay mo bayaran mo na para maka-utang ka uli. At yung sa ex mo bayaran mo na para makamove on na kayo pareho)

25. Residential rent freeze for 30 days without penalties, interests, and other fees (tutal di ka naman pwedeng magtago sa landlord mo kasi saan ka e-eskapo gurl)

26. Lift the 30% limit on the Quick Response Fund (wag lang talaga magkaroon ng additional delubyo on top of the veerus kasi paano na)

27. Report to Congress the amounts, realignment of funds every Monday of the week. (haha gudlak sa gagawa ng budget kaya mo ba)

28. Impose penalties on LGUs, hospitals/establishments under item 10 above, hoarders and profiteers, mga landlords na naniningil pa rin, mga nagpautang na ayaw maghintay ng 30 days, at mga tayo ng tayo ng checkpoint na hindi naman kailangan.

29. Effectivity of these powers were clipped from an indefinite “2 months or longer” to “3 months, unless extended by Congress”.

So unbridled powers nga ba ang binigay? O dagdag trabaho? Haha. 😉 The final version does declare a state of emergency but it is more fiscal than anything. Binigay na ang lahat ng pondo at mga ideas kung paano gagamitin ang pondo sa Pangulo. Kung hindi pa rin niya matugunan ang COVID-19 na ito, aba e call na niya yun.

Dapat actually may #30: Bawal mag-speech kung hindi pa nagagawa ang # 1-29. Char.

Like any other political story, there are a lot of versions to the emergency powers. Dahil work from home tayo lahat ngayon, we have the obligation to monitor these powers-na-naging-duties and see to it that the spirit of the law is followed.

Read and understand. Then obey. Bawal blind obedience. Hindi naman kayo sasabitan ng medal ng veerus. 🥇

EDIT: copy paste niyo na lang mga ka-quarantine. no need for attribution. 😊

Related Story: Duterte approves bill granting him special powers to tackle COVID-19 crisis | CNN Philippines

Crash Landing on You: Crush Landing on Hyun Bin

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“Crash Landing on You” aired its final episode in tvN cable channel in South Korea last February 16, 2020, with highest peak rating of 24.10%.  It scored the highest rating for any tvN drama, dodging “Goblin” at second place and “Reply 1988” third.  It is also currently available in Neflix.

Two weeks after the end of its run, “Crash Landing On You”, is still the talk of the town and Hyun Bin, who plays the handsome Captain Ri, is now every woman’s ‘oppa’, be it the tweeners, the teenagers, the young adults, the middle aged women, and even the grandmothers!

Having a hit drama under his name is not new to Hyun Bin.  While he made his debut as an actor in 2003, he shot to stardom in 2005 when he played the male lead opposite to leading lady Kim Sun Ah in My Name Is Kim Sam Soon aka My Lovely Sam Soon.  A romantic comedy, it was a massive hit with an average rating of 37.60%, and a finale rating of 49.10% on national television.

Another popular drama of Hyun Bin is 2010’s romantic fantasy drama “Secret Garden”, opposite Korean actress Ha Ji Won, which garnered average ratings of 30%.  In this drama, he lent his voice in the soundtrack with the song, “That Man”, which was number one in eight Korean music thresholds that time.

2008’s Worlds Within was likewise a popular drama where Hyun Bin acted opposite Korean actress Song Hye Kyo.  Song Hye Kyo reportedly became his girlfriend after the conclusion of the drama.  Their relationship lasted for two years and Song Hye Kyo later became Mrs. Song Joong Ki in October 2016. 

Hyun Bin had a brief romance with actress Kang Sora in December 2016 but they broke up in 2017.

At present, the hottest Oppa in town is not in a relationship but there have been persistent dating rumours linking him to Crash Landing On You leading lady, Son Ye Jin.  Their respective agencies deny the reports though.

Those who are still missing their weekly fix of Hyun Bin can watch him in Secret Garden, Hyde Jekyll Me, and Memories of the Alhambra over at Netflix.  Or better yet, get a round two of Crash Landing On You instead.

14-Day Quarantine of Persons Arriving from 2019 NCoV Affected Countries

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Under Dept. of Interior and Local Government Memorandum Circular No. 2020-023 dated February 6, 2020, a 14-day quarantine of all persons arriving in the Philippines from countries affected with the 2019 Novel Corona Virus will be implemented by the local government units.

From the said memorandum circular, it would mean that those arriving from China, Japan, South Korea, Cambodia, Taiwan, Thailand Vietnam, Singapore, Australia, Malaysia, France, USA, UK and all the other countries with confirmed NCoV cases have also to undergo quarantine for two weeks upon arrival in the country.

However, DILG Undersecretary Jonathan Malaya clarified in an announcement Friday, February 7, 2020, that strict implementation of the 14-day quarantine is only for travelers from China, Macau and Hong Kong. All other travelers from NCoV affected countries may just undergo voluntary quarantine.

The memorandum circular “enjoins all local government units to effectively intensify the information, education and communication campaign on the nCoV ARD, and implement programs, projects and services that will promote the general welfare, public health and well being of every Filipino”.

Among others, said circular directs the organization of Barangay Health Emergency Response Teams (BHERTs) and the identification and designation of an appropriate place that will serve as the Barangay Isolation Unit.

A full copy of DILG MC 2020-023 is provided below:

The difference between existing adoption laws and RA 11222 – The Simulated Birth Rectification Act

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The differences between the existing adoption laws and RA 11222 or the Simulated Birth Rectification Act were clarified by DSWD in a recent consultation dialogue.

Existing adoption laws under the Domestic Adoption Act (RA 8552) and RA 9523 (An Act Requiring Certification of the DSWD to Declare A Child Legally Available for Adoption as Prerequisite for  Adoption Proceedings) involve a socio-legal process and the finalization of the adoption is in court.  RA 11222 on the other hand is purely administrative in nature.

Under RA 8552 and RA 9523, the Department of Social Welfare and Development only cover abandoned, neglected, surrendered children through the issuance of a Certification Declaring a Child Legally Available for Adoption (CDCLAA).  In RA  11222, the DSWD also caters to  adult adoptees and relatives within the 4th degree of consanguinity or affinity provided that the birth certificate of the adoptee is simulated.

Main difference between existing adoption laws and RA 11222

If the birth certificate is simulated under RA 8552 and RA 11222, it is required that the said birth certificate should be cancelled first before the CDCLAA is issued then proceed to Adoption. 

In RA 11222, the cancellation of the simulated birth certificate will happen after the issuance of the Order of Adoption by the Secretary of DSWD.

In existing adoption laws, there is a matching process between the child and prospective adoptive parents while in RA 11222, there is no matching process involved because the child has been living with the prospective adoptive parents for at least three years.

In RA 8552 and RA 9523, in cases of simulated birth certificate, the court decree usually has two directives: to cancel the simulated birth certificate and issue an amended birth certificate by virtue of the adoption.  If the adoption is rescinded, the simulated birth certificate will be revived.

Steps involved in RA 11222

In RA 11222, the order of adoption will involve the following:

  1. Cancellation of the simulated birth certificate;
  2. Issuance of Rectified Birth, using the true facts of birth of the child;
  3. Issuance of a new/amended birth certificate if the adoption is rescinded, the rectified birth certificate will be revived and not the simulated one.

The Order of Adoption is a registrable civil registry document.

Related Stories

Duterte signs law simplifying adoption process | GMA News Online
R.A. 11222 – The Simulated Birth Rectification Act (Full Text)
Parents Who ‘Simulated Birth Record’ During Adoption Process Are Not Criminally Liable

PMA Hazing Video: Hazing at the Philippine Military Academy

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(WARNING: Viewer discretion advised.)

Philippine Military Academy has verified that the viral video of the hazing inside PMA premises is authentic.

Reposting the video showing plebes in the Philippine Military Academy barracks being beaten up by PMA cadets.

On September 18, 2019, PMA freshman Darwin Dormitorio died due to hazing.

PMA hazing video

Cr Rappler

Related Stories:
5 Philippine Military Academy cadets detained over hazing captured in viral videos | Coconuts.co
AFP asks public to avoid spreading viral videos of PMA hazing | ABS-CBN News
Solon wants to suspend PMA recruitment for a year | Philippines Lifestyle News

Justice Diosdado Peralta is the new Chief Justice

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Justice Diosdado Peralta has been appointed by President Rodrigo Duterte as the new Chief Justice today, October 23, 2019.  This was reported in a press briefing conducted by the High Court.  He was picked by the president over other hopefuls Justice Estela Perlas-Bernabe and Justice Andres Reyes Jr.  Justice Diosdado Peralta is the most senior Associate Justice of the Supreme Court who will serve until 2022.

As posted in the Supreme Court website, the new Chief Justice was “born in Laoag City, Ilocos Norte, to former Digos City, Davao del Sur and Manila Court of First Instance Judge Elviro Lazo Peralta and public school teacher Catalina Madarang Peralta, Justice Diosdado M. Peralta started his career in government service in 1987 when he was appointed Third Assistant City Fiscal of Laoag City. In 1988, he was assigned to the Prosecutor’s Office in the City of Manila.  He later became the Assistant Chief of the Investigation Division of the Office of the City Prosecutor in the early part of 1994.

In September 1994, Justice Peralta was appointed as Presiding Judge of Branch 95 of the Regional Trial Court (RTC) of Quezon City, which was designated as a Special Criminal Court on Heinous Crimes and, later, Drugs Cases. He was promoted to the Sandiganbayan in 2002, and became its Presiding Justice in 2008. In January 13, 2009, he was named as the 162nd Associate Justice of the Supreme Court. He is the third Presiding Justice of the anti-graft court to be appointed to the High Court.”

Chief Justice Peralta “is an alumnus of the University of Santo Tomas Faculty of Civil Law where he was as a working student and graduated in 1979. He obtained his undergraduate degree in Economics from the Colegio de San Juan de Letran in October 1974. 

Before joining the Supreme Court as Associate Justice in 2009, “he was a professor, lecturer, resource person, and Bar reviewer in Criminal Law, Criminal Procedure, Remedial Law, and Trial Techniques at the UST Faculty of Civil Law, the Ateneo de Manila University, San Beda College of Law, the University of the East, and the University of the Philippines Law Center, among others. He has been a member of the Corps of Professors under the Department of Criminal Law of the PHILJA and remains to be an active lecturer thereof on its Orientation Program for Newly-appointed Judges, Pre-judicature Program and other training seminars.”

Related Stories:
FAST FACTS: Who is new Supreme Court Chief Justice Diosdado Peralta? | Rappler.com
Chief Justice Peralta takes oath before Duterte | GMANetwork.com
Duterte tells Peralta: Treat everyone equal | MB.com.ph 

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