General & Misc

SC sets Rules on Oral Arguments over LEB Validity

Date: 27 February 2019; Type: Industry Updates; Source: Philippine News Agency

MANILA, Feb 27 (PNA) - The Supreme Court(SC) has announced the ground rules for parties in the oral arguments scheduled on the suits challenging the validity of the Legal Education Board (LEB).

In an advisory issued Wednesday, the SC en banc through Clerk of Court Edgar O. Aricheta gave parties in the case until Thursday to submit written copies of their opening statements, table of authorities as well copies of any document to be presented.

Among the substantive issues laid down by the Court for discussion is whether Republic Act 7662 creating the LEB encroaches upon the High Court's power to regulate and supervise the legal profession under the Constitution.

Likewise, another issue at hand is whether the said law giving the LEB the power to prescribe minimum standards for law admission and to adopt a system of continuing legal education is valid and whether the board can validly require a uniform examination for aspiring law students, known as the Philippine Law School Admission Test (PhiLSAT).

In a resolution dated January 15, the High Court's en banc set for oral argument the suits questioning the LEB on March 5 and 12, 2019 at 2 pm. at the SC New Session Hall.

Two noted legal academicians, Dean Sedfrey M. Candeleraria and Merlin M. Magallona, were invited to attend as "amici curiae" (friends of the court) to shed light on the controversy.

The two were given 10 minutes each to be heard by the court after the petitioners, the Office of the Solicitor General and parties-intervenors in the case.

Among the named respondents is LEB chairperson Emerson B. Aquende. The respondents were asked to comment on the two cases, which were ordered consolidated by the High Court.

The latest was initiated by a group led by Francis Jose L. Abayata, which was consolidated into an earlier suit filed on April 2017 by former Makati Regional Trial Court Judge Oscar Pimentel.

Pimentel and the other petitioners claimed that Republic Act 7662, or the Legal Education Reform Act, is unconstitutional, arguing that Congress cannot create the said administrative office or board because authority over the practice of law is reserved for the SC under the Constitution.

Article 8, Section 5 of the 1987 Constitution, states that the SC shall have the power over admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Phone Call not from Officer or Staff of Penang Courts - Chief Registrar's Office

PUTRAJAYA, May 21 (Bernama) - The Federal Court Chief Registrar’s Office (PKPMP) has denied an individual’s claim about receiving a phone call from an officer or employee of the Penang courts.

Read More

INDUSTRY UPDATES

ASEAN told to improve Production Technology and Capacity

KUALA LUMPUR, May 21 (Bernama) - Southeast Asia, particularly Malaysia, should focus on improving production technology and capacity, as well as regional integration in order to benefit from the shifting of supply chains due to changes in global trade, says HSBC Bank Malaysia Bhd.

Read More

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

Read More

INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

Read More

INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

Read More

INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

Read More

INDUSTRY UPDATES

RM1.56 Mln Fine on Poachers, highest so far for Wildlife Crimes

PUTRAJAYA, May 17 (Bernama) - The Kuala Terengganu Sessions Court's decision to fine RM1.56 million each on two Vietnamese poachers has been the highest amount so far for wildlife crimes in the country's history, said Water, Land and Natural Resources Minister Dr Xavier Jayakumar.

Read More

INDUSTRY UPDATES

Delegation of Lawmakers visit Netherlands

Hanoi, May 15 (VNA) - A delegation of the National Assembly’s Committee on Laws led by the committee’s vice chairman Pham Tri Thuc has just paid a working visit to the Netherlands.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer grills Forensics Expert on 'Probability Report'

SHAH ALAM, May 16 (Bernama) - A lawyer questioned the ‘probability report’ of a specialist medical witness in the inquest into the death of Muhammad Adib Mohd Kassim, that injuries to the right chest of the firefighter were caused by a curb or road shoulder.

Read More

INDUSTRY UPDATES

Telecom Regulator proposes Online Sim Card Registration

The Lao Telecommunication Regulatory Authority is developing an application for use as a possible option to speed up sim card registration.

Read More

INDUSTRY UPDATES

Government agrees to appoint a Youth to represent them in the Senate

BANGI, May 15 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad announced that the government has agreed to appoint a member of the Senate from among the youths with wide expertise and knowledge in the field and issues on the development of youths.

Read More

INDUSTRY UPDATES

MoF sets up Debt Management Office

KUALA LUMPUR, May 15 (Bernama) - The Ministry of Finance has set up the Debt Management Office (DMO) to review and manage the government’s debt and liabilities.

Read More

INDUSTRY UPDATES

Additional Appellate Court would be a timely upgrade

In order to curb the increased caseload on the Court of Appeal, a new appellate court may be introduced by the Government to support it, a move that may end up in restructuring of Supreme Court.

Read More

INDUSTRY UPDATES

RoK helps Vietnam accelerate Judicial Reform

Hanoi, Apr 26 (VNA) - The Supreme People’s Court and the Korea International Cooperation Agency (KOICA) launched a project on improving trial transparency and quality at Vietnamese courts during a ceremony in Hanoi on April 26.

Read More

INDUSTRY UPDATES

DOLE announces 29 Job Fir Venues Nationwide on Labor Day

MANILA, Apr 29 (PNA) - The Department of Labor and Employment (DOLE) is inviting job seekers to a nationwide job fair on May 1.

Read More