Monthly Archives: May 2014

SEC-OGC OPINION No. 14-04 (April 21, 2014) Re: QUALIFICATION/DISQUALIFICATION OF BOARD OF DIRECTORS; CONFLICT OF INTEREST

The qualification that “a director shall not be the immediate member of the family of any stockholder in any other firm, company, or association which competes with the subject corporation” is a qualificational by-law provision which may be added to those specified in the Corporation Code, (i.e. Section 23 and Section 27), pursuant to the case of Gokongwei v. Securities and Exchange Commission et al (G.R. No. L-45911, 11 April 1979). Thus, corporations have the power to make by-laws declaring a person employed in the service of a rival company to be ineligible for the corporation’s Board of Directors and a provision which renders ineligible, or if elected, subjects to removal, a director is he be also a director in a corporation whose business is in competition with or is antagonistic to the other corporation is valid. However, these qualifications become effective only when the by-laws of the Corporation expressly provide for the same.

Full text here.

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A.M. No. 12-11-2-SC (March 18, 2014): GUIDELINES FOR DECONGESTING HOLDING JAILS BY ENFORCING THE RIGHTS OF ACCUSED PERSONS TO BAIL AND TO SPEEDY TRIAL

The salient provisions on the guidelines issued by the Supreme Court with respect to bail include allowing the accused to move for fixing the amount of bail pending raffle of the case to a regular branch of the court, declaring that the order fixing the amount of bail is not subject to appeal, and releasing the accused upon service of the minimum imposable penalty. With respect to speedy trial, provisions include observance of time limits for arraignment (within 10 days from date the case is raffled), termination of regular trial (within 180 days) or trial by judicial affidavit (within 60 days), and service of subpoena through email, phone calls or SMS.

The guidelines shall take effect on May 1, 2014.

AM No 12-11-2-SC

 

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO VINGSON YU, UDK No. 14817, January 13, 2014

Remedial law; Writ of Habeas Corpus; When the State may intervene in rearing children. Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor. The general rule is that parents should have custody over their minor children. But the State has the right to intervene where the parents, rather than care for such children, treat them cruelly and abusively, impairing their growth and well-being and leaving them emotional scars that they carry throughout their lives unless they are liberated from such parents and property counseled.

Full text here.