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Some legal issues
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Elinando B Cinco



THE legal profession being one that is characterized by interpretative and analytical endeavor is often peppered by insinuation and speculation. But last week, it was one of bewilderment.

 

Lawyers are puzzled and amazed. The subject of their awe and wonder is a recent decision by the third division of the Supreme Court which took to task the board of governors of the Integrated Bar of the Philippines (IBP). It involved an administrative case the same division had dismissed in March 2002.

The High Court was asked "to order a full evidentiary hearing to review and revalidate the two conflicting findings of the board of governors of IBP involving an administrative case."

Many in the legal profession are saying that "only in meritorious cases does the Supreme Court interfere or disturb an IBP decision, especially in instances where fraternal and professional bonds sometimes get the sore end of the IBP’s wisdom in disciplining lawyers."

***

SOME LEGAL TUSSLES. The high-profile rape case in Olongapo City involving four US Marines and a Filipino will be a legal battle between the Philippines which insists it has jurisdiction over the case, and the US government which invokes a provision in the VFA.

Among others, the American government says the agreement provides that in crimes and misdemeanors committed by members of the US Armed Forces while on assignment in the Philippines in a joint military exercise, it will have custody of the accused while undergoing investigation and trial.

However, American authorities will surrender the accused once there is conviction.

***

– Was there a legal basis for the creation of the controversial Constitutional Consultative Commission?

Sen. Richard Gordon, chairman of the Senate committee on constitutional amendments and revision of laws, believes Con-Com is not clothed with a mantle of legality. So whatever recommendation it has before the legislature, the Senate, in particular, will "treat it like any suggestion of any citizen."

Translation in Pilipino — "Walang kabuluhan!"

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