Bayon & Cudia Law

IBP's statement on the West Philippine Sea

IBP Statement on the West Philippine Sea The Integrated Bar of the Philippines (IBP), the officialnorganization of Philippine lawyers, is one with thenFilipino people and the Philippine government in asserting our country’s sovereign rights in the West Philippine Sea.

SC Reiterates Consent of Adopter’s Children Required in Petitions for Adoption |

The consent of the adopter’s legitimate children, who are at least 10 years old, is required for a petition for adoption to prosper.

Thus reiterated the Supreme Court’s Third Division, in a Decision penned by Associate Justice Maria Filomena D. Singh, as it denied the petition for review on certiorari filed by Nena Bagcat-Gullas (Bagcat-Gullas). The petition challenged the rulings of the Court of Appeals (CA) affirming the decision of the Regional Trial Court (RTC) setting aside the adoption decree previously granted in favor of Bagcat-Gullas.

In dismissing the present petition, the Court emphasized that Section 9(c) of Republic Act No. (RA) 8552, or the Domestic Adoption Act of 1998, is clear that the written consent of the adopter’s legitimate children aged at least 10 years old is required for the adoption to be valid.

Reiterating its 2014 ruling in Castro v. Gregorio, the Court held that the “consent of the adopter’s other children is necessary as it ensures harmony among the prospective siblings. It also sufficiently puts the other children on notice that they will have to share their parent’s love and care, as well as their future legitimes, with another person.”

Further, the Court stressed that personal service of summons on the legitimate children is needed to ensure that their substantive rights are protected. Constructive notice does not suffice.

In the present case, the Court found that as the respondents were all over 10 years old at the time of the adoption proceedings, their written consent was necessary.

As legitimate children of one of the adopters, Jose, respondents are thus indispensable parties to the petition.

Since the respondents were not impleaded, and absent the service of summons upon them, the judgment previously rendered by the RTC granting the adoption is void, ruled the Court.

“The absence of an indispensable party renders all subsequent actions of the court null and void, as such, the court has no authority to act not only as to the absent party but also as to those present,” said the Court.

Read more at https://sc.judiciary.gov.ph/sc-reiterates-consent-of-adopters-children-required-in-petitions-for-adoption/. Read G.R. No. 264146 (Bagcat-Gullas v. Gullas, et al., August 7, 2023) in full at https://sc.judiciary.gov.ph/264146-nena-bagcat-gullas-vs-joselito-f-gullas-joie-marie-f-gullas-yu-and-john-vincent-f-gullas/.

Happy Monday ✨
(ctto)

IBP CONDEMNS KILLING OF ABRA LADY LAWYER:

The Integrated Bar of the Philippines Northern Luzon has condemned in its strongest possible terms the killing of lawyer Maria Saniata Liwliwa Gonzales Alzate in the afternoon of Sept. 14, 2023 in Bangued, Abra.
The victim was inside her private car parked in front of their house on Santiago Street, Zone 3, when the assailants shot her at close range.
The victim died while being treated for gunshot wounds at the Seares Memorial Hospital in Bangued.
Alzate is the wife of former Raphiel F. Alzate, former acting presiding judge of the Regional Trial Court Branch 24 in Ilocos Sur, and the RTC Branch 58 in Abra.

A quick animated video on how to post (cash) bail.

For more information, please refer to OCA Circular No. 204-2022-AA 👍🏻

Paano Magpiyansa? Panoorin ang kuwento ni Juancho at kung paano siya mabilis na napiyansahan ng kanyang lola sa tulong ng Supreme Court website.Go to https://sc.judiciary.gov....

Happy Retirement, Dean! 👋🏻

Celebrating an extraordinary journey of 24 years!

The UC Barrister’s Club appreciates the remarkable dedication and hard work of 𝐃𝐞𝐚𝐧 𝐑𝐞𝐲𝐧𝐚𝐥𝐝𝐨 𝐔. 𝐀𝐠𝐫𝐚𝐧𝐳𝐚𝐦𝐞𝐧𝐝𝐞𝐳 as he steps down as Dean of the College of Law.

We would always be grateful that you chose to continue your dedication in shaping future legal minds. Agyaman kami!

His legacy has left an indelible mark on countless legal minds. His service and dedication has contributed greatly to the success of the University of the Cordilleras College of Law.

We thank you for your service Dean Reynaldo U. Agranzamendez!

Congratulations to the new attorneys! 👏

sc.judiciary.gov.ph

God bless! 🙏

Scammers Alert!
-post from DHSUD-CAR

Appeal to the Public

Kordilyera Media-Citizen Council

APPEAL TO THE PUBLIC

On the relentless sharing of the naked photo of a woman cadaver on social media

Local media outfits and netizens have reported and shared on social media the photo of a naked cadaver found in a compound at Tabora, Trancoville, Baguio City. The information was first reported to the Baguio City Police Office (BCPO) Station 2 at 6:45 a.m. on August 30 by a concerned citizen.
The case is under investigation by the BCPO and due to the sensitive circumstances accompanying the crime, the police are not releasing details yet.

It is unfortunate that some local media outfits and netizens hastily released photos of the woman, naked as found, which quickly spread on social media.
The Kordilyera Media-Citizen Council is highly disturbed by this as it violates the dignity of the victim.

While we acknowledge the desire of the netizens to inform the public of the incident, we find the manner of disseminating the information disgusting as it is devoid of sensitivity. Even in death, human dignity must be preserved.
It is part of journalism ethics not to reveal the identity of victims of violence – especially women and children – either by names or photos, more so with sensitive details.

We laud media organizations that reported about the crime without failing to observe the ethical standards in reporting and the basic principles of journalism – humanity and decency.

At the same time, we call on other media organizations to observe prudence and sensitivity in reporting and avoid sharing information unless verified and confirmed by authorities.

As police investigation is ongoing, we appeal to the public to:

1. Respect the dignity of the woman-victim and not add to the trauma of the incident by spreading sensitive photos and speculations. Let us observe decency and be sensible enough when sharing information and visuals that disturb our sensibilities.
2. Treat victims, especially women and children, with respect. In this case, the posting and sharing of the victim’s naked photo has aggravated the suffering of the victim’s family as it stripped the body of the human dignity and respect it deserves.
3. Do not share information that is speculative. It causes public anxiety and panic.

We appeal to all for compassion for victims of violence by respecting their dignity, even in death.


August 30, 2022

Bayon & Cudia Law updated their address.

🏫👩‍💼🧑‍💼

TOP LAW SCHOOLS WITH MOST EXCELLENT PASSERS 🏫

Here are the top law schools that produced the most number of excellent passers for the 2020/2021 Bar Exams. 761 passers are on the exemplary list or those who got high grades. 14 are on the excellent list. https://www.rappler.com/nation/passing-rate-bar-examinations-2020-2021/

7th MCLE Compliance Period - One (1) year extension 📖

📍2600 under Alert Level 1
OCA Circular No. 41-2022

Please be guided 📝

OCA CIRCULAR NO. 133-2021


TO : ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS

RE : GUIDELINES ON THE CONDUCT OF VIDEOCONFERENCING WITH RESPECT TO REMOTE APPEARANCE FROM ABROAD

Note: R.A. 11576 will take effect on August 20, 2021 - fifteen (15) days from its publication in the Official Gazette.

1st Online National Convention of Lawyers
June 2021
Integrated Bar of the Philippines

MINGALABAR: BACKGROUND
Transcript of Interview

The following photos reflect an alternate to the bleak reality that Myanmar is experiencing today. Let us hope and pray that soon, it would all go back to when the people enjoy their hard-won freedom and democracy; that the people could still smile and go on about their peaceful lives. It is really heartbreaking that they could do it less, or not at all, at this time.

Simple as it may be, may this exhibit spark awareness about the country and its people. Hopefully, such spark would turn into a burning flame of concern and empathy not only for Myanmar but also for things that threaten the world’s peace and freedom.

You can show your support by sharing and liking this post. Messages of encouragement and support to our Burmese brothers and sisters are also encouraged in the comment section. Thank you. -- J.V. Cudia

For the full backstory, please refer to the succeeding post. Thank you. 🙏

Baguio City-CAR (along with other areas in the country) - under General Community Quarantine starting February 1 to 28, 2021.
(Source: National Inter-Agency Task Force for the Management of Emerging Infectious Diseases)

On quarantine or not, please gear up.
Thank you.😷🤓
🖼: PIO-Baguio City

A humble appeal to everyone, especially to our Honorable Judges, co-litigators, litigants, and clients:

Please stay at home when exhibiting flu-like symptoms and seek medical care. Obvious presence of cough and colds should be enough to put you on alert during these times. Do not risk the health and safety of others. Let us all look out for others in the same way we look out for ourselves. Be responsible. Wear your masks and faceshields in court. Thank you. 😷

☝🏻Do not be complacent ☝🏻

📷: PIO Baguio City

Baguio City Guidelines for MGCQ
(E.O. 95, s.2020)

Please be guided accordingly. Residents are advised to exercise utmost care still. Do not be complacent. We are still under quarantine and Covid-19 is still out there.

IATF Resolution No. 41 (s. 2020), 1(A)(i): Baguio City shall be placed under Modified General Community Quarantine (MGCQ) until June 15, 2020

Transition Guidelines from ECQ to GCQ
Baguio City

Chief Justice Peralta issues Administrative Circular No. 37-2020 addressed to all litigants, judges and court personnel of the first and second level courts, and members of the Bar regarding the pilot testing of hearings of criminal cases involving PDLs through videoconferencing.
(From Supreme Court Public Information Office)

Chief Justice Peralta issues Administrative Circular No. 36-2020 addressed to all litigants, justices, judges and court personnel of the judiciary, and members of the Bar on the areas placed under General Community Quarantine from 1 to 15 May 2020.
(From Supreme Court Public Information Office)