JBC now accepting application for SC justice post after Gesmundo’s CJ appointment

Robie de Guzman   •   April 8, 2021   •   222

MANILA, Philippines – The Judicial and Bar Council (JBC) announced it is now accepting applications and recommendations for the vacant Supreme Court Associate Justice post following the recent promotion of Alexander Gesmundo as Chief Justice.

In a document posted by the Supreme Court Public Information Office, the JBC said applications and recommendations for the said post, as well as the documentary requirements, will be accepted until May 10.

“Interested applicants must visit the official JBC website and access the online application scheduler between 8 a.m. and 12 midnight, not later than May 10,” the JBC said.

Among the documentary requirements that must be submitted are application letter or recommendation letter with conforme, Personal Data Sheet, transcript of law school records, PSA issued birth certificate, certificates of admission to the Bar with Bar rating, employment, clearances from the Office of the Ombudsman, National Bureau of Investigation, Philippine National Police, medical exam results, income tax returns, and Statement of Assets, Liabilities and Net Worth.

The JBC said that the digitized versions of the documentary requirements they will submit must be “complete” and “accurate.”

The JBC is a constitutional office that accepts, screens, and nominates appointments to the judiciary.

It will then submit a list of nominees to President Rodrigo Duterte for selection.

Duterte has 90 days from vacancy to appoint a new SC magistrate.

SC modifies interpretation of ‘psychological incapacity’ as ground for nullity of marriage

Aileen Cerrudo   •   May 13, 2021

MANILA, Philippines—The Supreme Court (SC) has modified its interpretation of ‘psychological incapacity’ as a ground to nullify marriage.

“The Court in the case of Tan-Andal v. Andal, G.R. No. 196359, unanimously modified the interpretation of the requirements of psychological incapacity as a ground for declaration of nullity of marriage found in Article 36 of the Family Code,” the SC said in a statement released on Wednesday (May 12).

Under the the new Leonen ruling, it said that “psychological incapacity is not a medical but a legal concept.” Due to this, testimony of psychologist or psychiatrist is not mandatory in all cases to prove psychological incapacity.

“[Psychological incapacity] is a personal condition that prevents a spouse to comply with fundamental marital obligations only in relation to a specific partner that may exist at the time of the marriage but may have revealed through behavior subsequent to the ceremonies,” the new ruling stated. AAC

 

 

 

Judges, court personnel hospitalized due to COVID-19 to get financial aid — Supreme Court

Robie de Guzman   •   April 28, 2021

MANILA, Philippines — Judges and court personnel who contracted novel coronavirus disease (COVID-19) will be provided with financial assistance from the Supreme Court, the Office of the Court Administrator said Wednesday.

In a circular issued by Court Administrator Midas Marquez, the cash assistance will range from P15,000 to P30,000 for those hospitalized depending on the severity of their illness.

Families of those who succumbed to death, whether hospitalized or not, will receive P50,000.

The financial assistance was approved by Supreme Court Chief Justice Alexander Gesmundo with the concurrence of the members of the Court en banc.

“Considering that there are judges and court personnel of the first and second level courts who contracted COVID-19 while in the performance of their functions there is a need to help them defray the hospitalization expenses incurred in treating COVID-19 infection,” the circular read.

Potential recipients of the assistance are required to submit a copy of the positive result of the RT-PCR test from March 2020 onwards, a medical certificate stating the clinical findings of the illness caused by COVID-19, a death certificate indicating that the patient died of COVID-19 or its complications, disbursement voucher, and obligation request.

The SC Public Information Office said that some 1,113 judiciary personnel tested positive for COVID-19 with 20 fatalities.

Supreme Court: Oral arguments on anti-terror act to resume April 27

Robie de Guzman   •   April 22, 2021

MANILA, Philippines — The oral arguments on petitions questioning the legality of the Anti-Terrorism Act of 2020 will resume on April 27, the Supreme Court (SC) said.

In an advisory, the SC said the next oral arguments would be held via videoconferencing “given the current public health situation.”

“Oral arguments shall resume on April 27, 2021, at 2:30 p.m. which, per prior order, is two weeks after the lifting of enhanced community quarantine in the National Capital Judicial Region,” the SC said.

“This arrangement shall be pro hac vice [for this occasion only] vis-à-vis these consolidated cases. Personal appearance before the Court En Banc remains to e the primary mode of conducting oral arguments,” it added.

The proceedings will be streamed online but will only be limited to an audio feed, the high court said.

The oral arguments on the 37 petitions lodged against the measure were put on hold since last month due to the spike of infections and other COVID-19 concerns.

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