Civil Rights During a Traffic Stop: 5 Reminders - FindLaw Blotter

see - Civil Rights During a Traffic Stop: 5 Reminders - FindLaw Blotter


"x x x.

Civil Rights During a Traffic Stop: 5 Reminders

By Brett Snider, Esq. on July 29, 2013 9:31 AM

Your civil rights may seem like just a concept until they're put to the test. Perhaps the most common situation in which Americans reach for their rights is during a traffic stop.

But what exactly are your civil rights during a traffic stop?

Consider this a civil rights "cheat sheet" of sorts. Here are five things you should remember about your civil rights during a traffic stop:

1. You Do Not Have to Consent to a Search.

Police will often ask drivers and passengers who have been stopped for a traffic offense if they can search the vehicle. But without a warrant or probable cause, you do not have to consent to that search.

Law enforcement officers generally need a warrant or probable cause to search your vehicle, unless you give the officers your consent. Officers do not have to inform you that you have the right to say "no."

If you don't want to allow police to search your vehicle, be unequivocal and direct (but not rude or antagonistic); tell the officers that you will not consent to a search of the vehicle.

2. You Have the Right to Film/Record a Traffic Stop.

Although police officers may be recording the traffic stop with their dash cam, you have the First Amendment right to film an officer during a traffic stop.

Remember, you have the right to film, but this doesn't mean you can stall or interfere with an officer conducting his investigation. Shoving a camera or an iPhone in a cop's face may be enough to get you arrested for obstructing an officer.

If officers confiscate your phone or camera, or if they arrest you for recording your traffic stop, then it's probably time to get an experienced criminal defense lawyer on your side.

3. Your Detention Must Be Reasonable in Length.

Pulling a vehicle over and detaining a vehicle on reasonable suspicion that the driver committed a traffic offense is entirely legal, but an officer cannot detain you indefinitely.

There is no magic number for how long is too long to be held for a traffic stop; often cops will detain drivers while running records checks on their license plates and IDs. But if it has been about 30 minutes since you were stopped, feel free to start your recording andask the officer why you're still being detained.

4. You Can Decline to Answer Police Questions.

Whether you are detained on foot or in a car, you have the right to decline to answer police questions -- even the classic interrogatory, "Do you know why I pulled you over today?"

Practically, it would behoove you to cooperate with the police during a routine traffic stop (i.e., giving them your license and registration and remaining in your car without resisting). But you are under no obligation to answer police questions, especially ones unrelated to the traffic stop (e.g., "Where are you headed?" or "You have anything illegal in the car?").

5. You Can Request and Record Officer Information.

If you have any worries or complaints that your civil rights were violated during a traffic stop, you will need to know which officers were responsible for allegedly violating your rights.

You can always ask a police officer for her badge number during a traffic stop. Uniformed officers in states like California are required to display their badge numbers on their nameplate or badge.

Remember, your civil rights protect you even during a mundane traffic stop, and exercising them politely and calmly, without antagonizing officers, will never be to your detriment.

Related Resources:

• What are my Rights During a Traffic Stop? (FindLaw's Blotter)
• Civil Rights Suit For Arrest For Filming an Officer During Traffic Stop, Plus a Criminal Matter (FindLaw's U.S. Third Circuit Blog)
• I Got 99 Problems But the 4th Amendment Ain't One (FindLaw's Celebrity Justice)
• Lawsuits for Civil Rights Violations and Discrimination (FindLaw)
• x x x."

2013 judicial excellence awardees.

see - Supreme Court of the Philippines


"x x x.

2013 Judicial Excellence Awardees

September 17, 2013

The Supreme Court, through the Society for Judicial Excellence, today announced the four big winners out of 69 nominees in this year’s annual search for the country’s excellent judges and clerks of court. The 2013 Judicial Excellence Awardswinners were chosen for their integrity, dedication, and commitment to public service and the rule of law.

The winners are Judge Mary Ann E. Corpuz-Mañalac of the Regional Trial Court, Br. 141, Makati City, Chief Justice Cayetano Arellano Awardee; Judge Ma. Angelica T. Paras-Quiambao of the Regional Trial Court, Br. 59, Angeles City, Chief Justice Jose Abad Santos Awardee; Judge Emma C. Matammu of the Regional Trial Court, Br. 269, Valenzuela City, Chief Justice Ramon Avanceña Awardee; and Branch Clerk of Court Eileen Joy T. Pakino-Bonghanoy of the Regional Trial Court, Br. 18, Cagayan de Oro City, Outstanding Branch Clerk of Court (Multi-Sala), Second-Level Courts Awardee.

The Award Ceremonies for Judicial Excellence will be held at 4 p.m. tomorrow, September 18, 2013, at the Pandanggo Hall, Manila Hotel.

This year’s Board of Judges was led by Senior Associate Justice Antonio T. Carpio as Chair with Retired SC Justice Bernardo P. Pardo as Vice Chair and SC Justice Diosdado M. Peralta, Retired SC Justice Angelina Sandoval-Gutierrez, Retired SC Justice and Philippine Judicial Academy Chancellor Adolfo S. Azcuna, JBC Member Atty. Ma. Milagros N. Fernan-Cayosa, and University of the Philippines College of Law Dean Danilo L. Concepcion, as members.

The Chief Justice Cayetano Arellano Awardee for 2013

The much-coveted Chief Justice Cayetano Arellano Award is given to Outstanding RTC Judges. This year, the awardee is Judge Mary Ann E. Corpuz-Mañalac of the Regional Trial Court, Br. 141, Makati City.  She ranked  fifth in San Beda Law School’s 1991 batch of 96 graduates and first joined the judiciary in 1992 as Branch Clerk of Court of the RTC, Branch 8 of Malolos, Bulacan.  She would later become Presiding Judge of RTC Branch 28, Sta. Cruz, Laguna from 2004 to 2007; within the period, she served as Acting Presiding Judge of Branch 27 from 2005 to 2007 while serving as Executive Judge of RTC Sta Cruz, Laguna. She was appointed to the RTC of Makati City in 2007. Before joining the judiciary, Judge Mañalac served the Office of the Ombudsman for a solid nine years–as Resident Ombudsman for the Department of Public Works and Highways, the Bureau of Internal Revenue, the National Housing Authority, and the Housing and Land Use Regulatory Board from 2000 to 2003; and Graft Investigation Officer I and II from 1994 to 2003. She is also a law Professor, who teaches Criminal Procedure and Special Proceedings at the New Era University and has also lectured before various government agencies on public accountability, graft and corruption prevention, and Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713).

An AB Political Science graduate at the University of Santo Tomas, she went straight to law school at the San Beda College. She took her degree in Master of Arts in Public Administration at the UST, graduating magna cum laude, under the Civil Service Commission Local Scholarship Program from 1996 to 1998. In 2012, her high school alma mater St. Mary’s Academy in Baliuag, Bulacan gave Judge Mañalac the Most Outstanding Alumni/Centennial Award.

Born on July 27, 1966 in Manila to Atty. Daniel A. Corpus and Atty. Elenita E. Corpus (deceased), Judge Mañalac is married to Gaudencio Rafael, also a lawyer. They have a 15-year old daughter, Margaret Gretel.

The Chief Justice Jose Abad Santos Awardee for 2013

The Chief Justice Jose Abad Santos Awardee this year is Judge Ma. Angelica T. Paras-Quiambao of the Regional Trial Court, Br. 59, Angeles City who coincidentally marked this year her silver anniversary in government service. Judge Quiambao’s 25-year government service includes rendering free legal service to indigent clients at the then Citizen’s Legal Assistance Office/Public Attorneys Office of the Department of Justice from 1988 to 1993. Her stint in the Judiciary started with her appointment as Judge of the Municipal Trial Court, Clarkfield, Pampanga in 1993 and continued with her promotion to the Regional Trial Court in 2001. She served as Executive Judge of RTC Angeles City from 2007 to 2010, overseeing reforms in the raffle committee and steering employees to perform their duties with discipline and honesty. Judge Quiambao is no stranger to awards for her performance; she has been recognized in the past for top performances at the CLAO/PAO; Best Written Decision Award from the Philippine Women Judges Association; Acknowledgment of Rendition of Gender Sensitive Decision by the Gender Justice Awards; Public Service Award from the Society of Broadcast Journalists, Inc.; and Gintong Sikap Award from the Angeles City Lawyers League.

She has a degree in Mass Communication with a major in Communications Research from the University of the Philippines in 1982. She finished law at the Ateneo de Manila Law School as a dean’s lister in 1986. Judge Quiambao was born in San Fernando, Pampanga on September 19, 1962.

The Chief Justice Ramon Avanceña Awardee for 2013

The power of her pen secured Judge Emma C. Matammu of the RTC, Br. 269, Valenzuela City this year’s Chief Justice Ramon Avanceña Award.

Judge Matammu started her government career in July 1998, serving as Legislative Staff Officer at the Office of Senator Leticia Ramos Shahani. She would later have stints at the Department of Justice as Executive Assistant, and with the Presidential Legislative Liaison Office-Office of the President, as Presidential Legislative Liaison Officer before joining the Judiciary, through the Chambers of then Associate Justice Artemio V. Panganiban.

Her work relations with Chief Justice Panganiban started in November 1996 when she was appointed as Court Attorney IV. She was promoted to Judicial Staff Head in June 2001. In September 2003, she was Supervising Legislative Staff Officer, with then Justice Panganiban concurrently serving as member of the House/Senate Electoral Tribunal. From July 2004 to December 2005, she was a Staff Director at the Office of House of Representatives Electoral Tribunal chaired by Justice Panganiban.  She last served Chief Justice Panganiban as his Chief Judicial Staff Head from January to December 2006.

Previously, Judge Matammu was also Assistant Secretary to the Office of the Executive Secretary-Office of the President from October 2007 to February 2010. She was appointed to the Bench in February 2010. She engaged in private practice from 2003 to 2004. She was a legal intern at the Law Offices of Madrid-Crost in Chicago, Illinois, from October 2002 to May 2003.

She earned her Master of Laws degree from the University of Illinois, Champaign, Illinois, USA in 2002. She earned her Bachelor of Arts (Economics) and Bachelor of Laws from the University of the Philippines. Graduating from law school, she shared the Best Best Paper Award for a paper entitled “The Feasibility of an Intellectual Property Rights Approach to the Protection of Genetic Resources: Should We Patent Life?” with two co-authors. She has also written the book Summa: Syllabi of Decisions and Opinions of Chief Justice Artemio V. Panganiban, a Supreme Court publication in 2006. bBorn in Tuguegarao, Cayagan on December 11, 1965, Judge Matammu is enjoying her single-blessedness.

Outstanding Branch Clerk of Court (Multi-Sala), Second-Level Courts for 2013

This year’s Outstanding Branch Clerk of Court (Multi-Sala), Second-Level Courts is Atty. Eileen Joy T. Pakino-Bonghanoy, Branch Clerk of Court, RTC 18, Cagayan de Oro City.

Atty. Bonghanoy significantly contributed to the speedy disposition/resolution of cases before her court by ensuring  that all pleading/motions filed were correctly addressed and acted upon in a timely manner by the judge concerned. She also ensured that case records are complete by maintaining a log book and a monthly report of all the stenographic notes pending transcription. These stenographic notes (in yellow sheets), together with the minutes of the hearing, are immediately attached to the records. Additionally, she has been described as diligent in the submission of the docket reports, and in the conduct of semestral inventory of cases. She would also step up and provide the leadership necessary when the Presiding Judge is on official business in his additional courts; she has also instilled discipline and ideal work ethic among court personnel, a presiding judge who nominated her observed.

Atty. Bonghanoy has worked at the Court of Appeals as Clerk IV, then Executive Assistant IV, then Court Attorney IV, until her appointment to her current post on August 21, 2008. She obtained her law degree in 2007 from the Xavier University-Ateneo de Cagayan, Cagayan de Oro City, her college alma mater. ###

x x x."

Centralized credit bureau seen to open in Dec. ’14 | Inquirer Business

see - Centralized credit bureau seen to open in Dec. ’14 | Inquirer Business


"x x x.

A centralized national credit bureau under a fledgling government-owned and -controlled corporation called Credit Information Corp. (CIC) is expected to start operations under the auspices of the Securities and Exchange Commission by December next year.

In a recent press briefing, SEC Chair Teresita Herbosa said CIC was now in the process of procuring computer systems and establishing the network to finally jump-start operations. CIC has budgeted about P100 million to set up its information technology platform, she said.

The CIC is a partnership between the government, which owns a 60-percent stake, and the private sector, which controls the remaining 40 percent.

Herbosa said the credit bureau’s stockholders included the Credit Card Association of the Philippines, the Bankers Association of the Philippines and the Cooperative Development Authority.

“The target is to be operational by December 2014,” Herbosa said.

The law creating the CIC was passed in 2009 but it took another two years to pass the implementing rules and regulations and more time to fill up the board and for the government to make its equity contribution, she said.

The CIC has a paid-up common stock of P125 million as initial capitalization. It also receives a regular subsidy from the government to fund its startup costs.

Herbosa said Jaime Garchitorena was named officer in charge of CIC.

The SEC chair noted  that the GOCC would benefit not only from Garchitorena’s managerial skills but also his marketing experience.

The operation of CIC would require educating the public.

Congress has mandated the SEC, instead of the Bangko Sentral ng Pilipinas, to  oversee the operations of CIC but Herbosa said the SEC would always invite representatives from the BSP to assist during crucial meetings.

“Microfinance is handled by us and microfinance is one of the biggest beneficiaries of a central credit bureau,” Herbosa said.

“The big banks have their own credit systems. The targets of CIC are the people who will otherwise not be able to borrow. Financial inclusion is the objective—those people who borrow from rural banks and pay (credit) in installments,” she said.

She said financial inclusion was one of the requirements for the Philippines to improve its competitiveness.

CIC is envisioned to become the leading provider of independent, reliable and accurate credit information in the Philippines. It was created by virtue of Republic Act. No. 9510, otherwise known as the Credit Information System Act.

This GOCC is mandated to collect, collate and disseminate credit information that come from various sources, including banks, financial institutions, insurance companies, financing companies, credit cooperatives, utility companies and other businesses that extend loans.

The CIC will  compile these credit information to help creditors evaluate the ability of prospective and existing customers to pay.

Under the law, the government has five years from the start of the CIC’s operations to dispose of at least 20 percent of its shares to qualified investors. This means CIC will, in the future, cease to be a GOCC.

CIC is tasked to help lenders, borrowers and the economy as a whole by:

•Making credit accessible to more people, especially to small entrepreneurs.

•Protecting creditors against incurring bad debts, thus improving the health of the financial system.

•Aiding in quicker credit evaluation and decisions.

•Reducing the cost of processing loans, thus benefiting consumers in terms of lower borrowing cost.

•Protecting creditors from fraudulent borrowers, as well protecting consumers against financial mismanagement.

•Promoting more confidence in the system, thus spurring greater economic activity through a more sustainable expansion of credit and reducing poverty.

x x x."

4 secrets credit card companies don't want you to know

see  - 4 secrets credit card companies don't want you to know


"x x x.

1. You can fire them if you want to.

You're still your credit-card company's boss. So if you've been a loyal and responsible customer, you can actually call them up and negotiate your current interest rate. You can tell them about your clean track record – you pay in full and in time – and nicely ask them to lower your interest rate.

Hey, you can even tell them about their competition's current rate! You can say that your new card can offer a lower rate and can even give you freebies such as a free Despicable Me! Minion keychain or a free meal at a nice restaurant.

Tell them you'd really like to keep their card, but if they can't offer you better terms, you might be “forced” to switch. It doesn't hurt to try this.

2. They need you more than you need them.

Competition in this credit-card market is tough – this is why a lot of them display enticing advertisements and give out lots of freebies, right? This is why you get spam emails on credit-card applications. This is why a well-dressed credit-card representative gives you brochures and even asks for your contact information right on the get-go.

That said, if you just do your part and be a great customer, you can negotiate for almost everything!

Yes, you can negotiate your card's annual fee. You can even have it waived.

Yes, you can negotiate a late fee, provided that you've been paying in full and in time every time.

Yes, you can even change your due date to the date of your convenience.

3. The teaser rate isn't going to be permanent.

Getting a credit card is like getting married. At the early stages, you're so happy and so satisfied with your spouse – everything about him is perfect! His hair, his abs, and even his cute dimple on his cheek. After 6 months has passed, then, boom! You think his hair is baduy, his abs are only one-pack, and his cute dimple looks like a worm.

This is the teaser rate that credit card companies give you if you “sign up now.” In the beginning, you'll enjoy low interest rates. After 6 months, when you're already in a fixed contract, they'll increase the interest rate to immense amounts! (Naturally, you can't protest because this is included in the fine print that you never bothered to read because it made your nose bleed).

READ: 5 things lovers and investments have in common

4. You're allowed to pay only the minimum charge so that your interest will be maximized.

Let's say you have a balance of P 15,000 on your credit card right now.

You can pay only 1% up to 5% of that, because this range is computed as the minimum payment. Therefore, you can just pay as little as P 150 to P 750 only.

Ayos! Deal! You already paid the minumum due so you've paid everything, right?

Wrong.

If you pay only the minimum amount due, the remaining balance will be carried over to the next statement.

So, if you've paid P 750 right now, you still have a loan of P 14,250, yes?

No.

You will also be charged another interest on the remaining balance.

The more minimum amount you pay, the higher your total payment will be in the future.

If you can afford to pay the total balance in full and on time, then go! Enjoy – you can even take advantage of the freebies!

If you can't, then no! You'll get stuck in a difficult debt cycle.

Think twice before you swipe that credit card. Your sanity and wallet will thank you for it.

- Rappler.com. xxx."

Five Things Every Lawyer Should Do to End the Day - Strategist

see - Five Things Every Lawyer Should Do to End the Day - Strategist


"x x x.

After a long day, here are five things you should do to put a close to a productive day ...

1. Clear the Clutter

Take a few minutes each day to file papers away, toss what you don't need and leave out what you need to reference the following day. Try to clear as much clutter as you can, it's no fun starting a day with a pile of papers on your disheveled desk.

2. Bill Your Hours

At the end of your day, input all of you hours billed with client codes and descriptions of the work you did. You'll want to do this at the end of each day while it's still fresh in your mind. The last thing you want to be foggy about is the amount of hours you put in and what clients' projects you were working on.

3. Catch up on Easy Correspondence

Try to take some time at the close of your day to clean up your email inbox. Get back to people that are waiting on you for responses, delete what you don't need, and file away what you need to reference later.

4. Review your Calendar

Take a look at your schedule for the next day, and the rest of the week, so you can get a feel for the kind of week you have ahead of you. With an understanding of your schedule, you'll be able to plan your work, for the days ahead, accordingly.

5. Make Your To-Do List

This is our favorite task of the day; it's the time when you get to cross off all the stuff you got done (the most amazing feel ever, especially if done with a red pen or Sharpie). After you're done with that, you get to create a new list for tomorrow. Try to keep the list to achievable tasks; there is only so much you could do in one day. If you have many task items, consider keeping a long-term to do list, separate from your daily list.

No matter how harrowing your day was, if you take these 5 easy steps at the end of your day, you are ensuring that you close the day efficiently with a soothing routine. And, you'll ensure that your next day won't be off to an awful start.

Related Resources:

• Five Things Every Lawyer Should Do to Start the Day (FindLaw's Strategist Blog)
• Five Things Every Lawyer Should do In the Middle of the Day (FindLaw's Strategist)
• Be a Better Attorney: 5 Tips to Optimize Your Nap Time (FindLaw's Strategist Blog)
• 4 Counter-Intuitive Ways to Increase Productivity (FindLaw's Strategist Blog)

x x x."

What the ABA wants to do about law schools - Lawyerist LAB

see - What the ABA wants to do about law schools - Lawyerist LAB


In the US, law schools are accredited by the American Bar Assn. Not so in the PH, where the Supreme Court, the Board of Legal Education, and the Commission on Higher Education supervise law schools.


"x x x.

The ABA Task Force on the Future of Legal Education released its draft report and recommendations (pdf) today. Here are the highlights, from the Key Conclusions section:

• Tuition pricing and funding practices favor high LSAT/GPA students, so that those with the weakest credentials graduate with the highest debt load, effectively subsidizing the higher-credentialed students. Students with weaker credentials are (obviously) more likely to have trouble paying off their higher debt loads.
• The ABA accreditation process "reinforces a far higher level of standardization in legal education than is necessary to turn out capable lawyers."
• The ABA ought to facilitate innovation and experimentation.
• It's time to prepare students to practice law, not just deliver "doctrinal instruction."
• The ABA wants to "devise new or improved frameworks for licensing providers of legal services. This should include licensing persons other than holders of a J.D. to deliver limited legal services …."
• x x x."

Bar exam reform

"x x x.

MANILA, Philippines–The Supreme Court en banc lifted Tuesday the five-strike rule in taking the bar examinations, high court spokesman Theodore Te said.

He said the rule was lifted after the SC en banc adopted a recommendation by a study group to lift the five-strike policy starting on the bar exams in 2014.

The five-strike rule states that one cannot take the bar exams for more than five times.

“The five-strike rule says if you fail it three times, before you can take it for the fourth time, you have to comply with certain conditions. And if you fail it for the fourth time, take it for the fifth time, you have to comply with certain conditions. Beyond that, hindi ka na pwedeng kumuha. Now that is lifted,” Te explained.

He said the lifting of the rule cannot be applied to this year’s examination as the list of probable bar candidates has already been published.

x x x."

Read more: http://newsinfo.inquirer.net/480399/sc-removes-five-strike-rule-for-bar-examinees#ixzz2dt0GUAMv
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New law on review centers

"x x x.

MANILA, Philippine—Schools can no longer force students to enroll in review centers before taking professional licensure examinations, according to a bill signed into law by President Benigno Aquino III.

The government must protect students against abuses of higher educational institutions over their right to choose review centers, Aquino said in a statement released on Tuesday.

Under Republic Act no. 10609, or the “Protection of Students’ Right to Enroll in Review Centers Act,” public and private colleges and universities can no longer compel students about to take professional licensure tests to enroll in a prescribed review center.

In the past years, there have been reports of schools requiring students to enroll with their partner review centers. The students were compelled to pay not only fees for the review but also packages for transportation, board and lodging.

The new law prohibits higher educational institutions from making review classes a prerequisite for graduation or completion of the course and withholding the transcript of scholastic records, diploma, certification or any essential document of the student.

Those violating the law will be suspended from office and their professional license revoked.

Liable school officials or employees such as deans, advisers or professors found guilty of violating any of the law’s provisions shall be imprisoned from six months and one day to six years and will be fined of P750,000.

The Commission on Higher Education may also impose disciplinary sanctions against involved individuals.

x x x."

Read more: http://newsinfo.inquirer.net/480317/aquino-signs-law-against-compulsory-licensure-exam-reviews#ixzz2dqdZ9M00
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