Association of Rizal TRIAL Lawyers

𝗟𝗔𝗖𝗛𝗘𝗦 𝗗𝗜𝗙𝗙𝗘𝗥𝗦 𝗙𝗥𝗢𝗠 𝗣𝗥𝗘𝗦𝗖𝗥𝗜𝗣𝗧𝗜𝗢𝗡

𝗟𝗔𝗖𝗛𝗘𝗦

𝙇𝙖𝙘𝙝𝙚𝙨 is defined as the failure or neglect for an unreasonable or unexplained length of time to do that which by exercising due diligence, could or should have been done earlier warranting a presumption that he has abandoned his right, or declined to assert it.

𝙇𝙖𝙘𝙝𝙚𝙨, concerns itself with the effect of delay and not the period of time that has lapsed. It asks the question whether the delay has changed "the condition of the property or the relation of the parties" such that it is no longer equitable to insist on the original right.

𝗣𝗥𝗘𝗦𝗖𝗥𝗜𝗣𝗧𝗜𝗢𝗡

𝙋𝙧𝙚𝙨𝙘𝙧𝙞𝙥𝙩𝙞𝙤𝙣 refers to the failure or delay to assert a claim within the period prescribed by law. Through prescription one acquires ownership or other real rights through the lapse of time, in the manner and under the condition laid down by law. Likewise, rights and actions are lost on the same ground.

𝙋𝙧𝙚𝙨𝙘𝙧𝙞𝙥𝙩𝙞𝙤𝙣 deals with delay itself and thus is an issue of how much time has passed. The time period when prescription is deemed to have set in is fixed by law.

𝗟𝗼𝗿𝗲𝗻𝘇𝗼 𝘃. 𝗘𝘂𝘀𝘁𝗮𝗾𝘂𝗶𝗼, 𝗚𝗥 𝟮𝟬𝟵𝟰𝟯𝟱, 𝗔𝘂𝗴. 𝟭𝟬, 𝟮𝟬𝟮𝟮, 𝗽𝗲𝗻𝗻𝗲𝗱 𝗯𝘆 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗥𝗮𝗺𝗼𝗻 𝗣𝗮𝘂𝗹 𝗛𝗲𝗿𝗻𝗮𝗻𝗱𝗼

𝗥𝗘𝗔𝗗 𝗙𝗨𝗟𝗟 𝗧𝗘𝗫𝗧:

Ernesto Lorenzo, Manuel Lorenzo, Conchita Lorenzo-Bruno, Adoracion Suelen, Avelina Suelen, and Heirs of Rodolfo Lorenzo Vs. Fortunata D. Eustaquio and children, namely: Angelito, Jose, Alegria, Leonida, Teofilo, Delfin, Jr., Alejandro all... Ernesto Lorenzo, Manuel Lorenzo, Conchita Lorenzo-Bruno, Adoracion Suelen, Avelina Suelen, and Heirs of Rodolfo Lorenzo Vs. Fortunata D. Eustaquio and children, namely: Angelito, Jose, Alegria, Leonida, Teofilo, Delfin, Jr., Alejandro all surnamed Eutaquio (Heirs of Delfin Eustaquio, Sr.) G.R. No. 2...

ON SEARCH WARRANTS

Culled from Former ANTIPOLO City Prosecutor OIC Mario Luna's post in "This is Your Law"

The requirement to raise objections against search warrants during trial is a procedural rule established by jurisprudence. Compliance or noncompliance with this requirement cannot in any way diminish the constitutional guarantee that a search warrant should be issued upon a finding of probable cause. Accused’s failure to make a timely objection cannot served to cure the inherent defect of the warrant. To uphold the validity of the void warrant would be to disregard one of the most fundamental rights guaranteed in our Constitution. (Luna, Remedial Law, Vol. 2, 2021 Ed., Central Books)

https://www.projectjurisprudence.com/2019/11/simplified-ang-tibay-requisites-2013.html?m=1

Simplified "Ang Tibay" requisites (2013) In the 2013 case of Vivo v. PAGCOR, the High Court simplified these requisites and came up with only four (4) requirements.

ASSOCIATE JUSTICE MARVIC LEONEN’s SPEECH TO THE NEW LAWYERS OF THE PHILIPPINES WHO PASSED THE 2019 BAR EXAMINATIONS

"Keep in mind that this title does not fully define who you are; you are more than your degrees. They are your masks. Behind these masks is an authentic human being whose achievements were made possible by the presence and support of others.

Many others have been there for you who are easy to overlook, the food servers you bothered when you reviewed, the men and women who cleaned after you. Treat them well. Please go back to them and say thank you.

The Bar is merely a qualifiying exam, it does not determine how good a lawyer you will be and not your measure as a person.

This pandemic will make people go poor, lose their jobs, and seeing children go hungry will lead to acts of desperation. Law will take part in the narrative in providing succor and remedies when needed.

It is this generation where we witness a wave of conservative populism that is gaining ground worldwide. You see the challenges to the institutions that gather and speak truth to power. Journalists worldwide suffer because they seek to verify and validate the truth.

Even those who seek truth to power on social media feel what it's like to be shamed and cyber bullied.

The quality of our democracy determines the quality of our laws.

We can ignore all of these, it is tempting to simply exist, just get rich, do our thing. But we have a choice, to find the courage, seek the discomfort and critically examine our society and use our profession for a greater purpose.

The rule of law is always the rule of just law; your oath to the rule of law is not a license to marginalize those who are already disadvantaged.

You do not need to look far for these ideals, your Constitution mentions human dignity and human rights. It constitutes all people as sovereign, capable of demanding accountability, disclosure and space for freedom of information that does not stifle, but shapes opinion.

Being a lawyer is not about you. It has a design of making the problems of others your problems.

Use your profession to shape laws so that they authentically contribute to the achievement of the best society for all human beings.

But it will not be easy. Even when you have an attorney to your name, it will not be easy, even when people call you Justice, it will not be easy.

Often you will choose whether to put your career on the line. It takes a huge amount of courage and the same amount of conviction to do what may seem unpopular, dangerous, inconvenient, but right.

Our silence, when we fall victim or after we serve as accomplices to corrupt acts of the powerful, is also our own powerful political act. Our silence maintains the status quo. It ensures that others will also be victimized.

Our silence in the face of abuse skews power to the system in favor of those with resources and against those who need the law more. Our silence legitimizes greed and undermines the power of public trust.

Silence about corruption and abuse of power is not only in itself unjust. Our silence, when we have the ability to speak is in itself a cause of injustice.

Of what use is the palatial home, the latest car, the designer coffee, the swanky fashion bags and clothes when all these have been purchased on the backs of others’ suffering? Of what use is our convenience when our people live in squalor? Of what use are the accolades and the brocades when we do nothing while the farmers’ or fishers’ family become hungry?

Doing the right thing is necessary because of the poverty, oppression, and helplessness of many in the society. There are families that live in squalor; there are children who cannot eat three square meals a day; there are those who live through oppression; there are children r***d by their fathers and uncles; or put in danger by the very schools that would provide them with safe spaces; there are those robbed of their youth by dangerous drugs; there are those whose identities make them invisible.

"The line of fire is always a place of honor (Alejandro, 1987)."

Protect those who have less in life. Do not stand for abuse. Be accepting of different identities. Speak up against corruption. Do not succumb to having more than enough. Do not trade kindness for the false badges of success. When you enter public office, discharge it for the public trust that it is. Do not temper principle with pragmatism. Do not hide behind comfortable acquiescence. Do not use comfort in lieu of integrity at critical times. Do not disguise your complicity. Instead, be at the frontlines.

As a lawyer, resist injustice. Make it your passion, to resist injustice. Strive for excellence, not only in order to get you more titles, not to land yourself in Top 10 lists of lawyers. Strive for excellence, because you need excellence with honor to enable and empower the weak, the poor, the marginalized, and the oppressed.

Remain humble. Listen and learn. It is wisdom in the difficulties of our people. These are your responsibilities. There is a lot to be done out there.

Finally, if there is anything, remember this: Be better than us. Walang magpapalaya sa atin kung hindi tayo mismo. Humayo nang buong giting at tapang. Paglingkuran ang sambayanan!"

Bill becomes a law without President's signature? Yes Some Filipinos think that there can be no law without the President's signature. They are WRONG.

To all Rizal Trial Lawyers and their respective families, a Blessed and Merry Christmas!!!