Daily Serving of Legal Matters

A photo of Archangel Lucifer, one of the 130 hopefules vying for Philippine President in 2016 Elections taken from www.scmp.com For information, there are 130 hopefuls filed their Certificates of Candidacy (COCs) for Philippine President in the May 2016 Elections.  It is considered as one of the 'record-breaker' according to the Commission on Elections (COMELEC). The COMELEC has the ministerial duty to accept the COC of any person vying for any position.  It has no power, based on its own judgment, to say that a certain candidate is not qualified to file a COC of a certain position.  Its act is purely ministerial and not discretionary one.  The Supreme Court of the Philippines has clearly demarcated the difference between discretionary and ministerial act in Mallari versus Banco Filipino Savings & Mortgage Bank, G.R. No. 157660, August 29, 2008.  Thus: "The distinction between a ministerial and discretionary act is well delineated. A pu...

Less than a year from now, the Philippines would have a new person manning the steering wheel of the government.  Either he/she would be heading us to prosperity or to damnation.  It really depends upon the people who would wisely vote. As early as today, television ads and social media are eaten largely with the people who are hoping to become the president of the dear Republic.  The names like Duterte, Roxas, Binay, Lacson, Poe and others are sprouting everywhere.  Even the Philippine pride Manny Pacquiao was introduced in one of his boxing bouts at the next president of the country. The question now that may be asked is are they qualified for the highest position of the land? Article VII of the 1987 Philippine Constitution has the answer. Section 2 of the aforementioned article states that: "No person may be elected President unless (1) he is a natural-born citizen of the Philippines, (2) a registered voter, (3) able to read and write, (4) at least forty (40) year...

COMELEC or Commissions on Elections will start it registration of voters for 2016 elections as early as  May 6, 2014. Said early start of registration should be taken advantage of by the first-time voters and previously voters will have their biometrics taken for a speedier process, the COMELEC says. One may not have to take the entire day off from work.  In fact, if one registers in the first few months, in a matter of 10 minutes, it is already done. If work is really a hindrance for some, they would not be worrying it anymore.  Comelec will also have their offices open on Sundays to accommodate more registrants.  Offices will be open from 8 am to 5 pm and will be closed only on either Friday or Saturday. Who may register? 1.  A Filipino citizen 2.  Not otherwise disqualified by law 3.  A resident of the Philippines for at least 1 year. 4.  Must have resided in the place, city or the municipality where he intends ...