Who is Atty. Jayr?

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Atty. Eufemio A. Simtim, Jr. or Atty. Jayr is a licensed lawyer in the Philippines. He is a Partner at Simtim Gunay Viejo Sales Sobrejuanite Law Group, but he does only virtual consultations as he is presently out of the country. He has been in the litigation practice in most part of his legal career and has worked in the academe, in the government and in the corporate world. He also passed the PRC licensure exams for Real Estate Broker and for Real Estate Appraiser (Rank No. 5). He presently runs his Youtube Channel, @yourlawyer, providing free legal information and updates.

Thursday, June 3, 2010

REQUIREMENTS FOR THE 2010 BAR EXAMINATIONS FOR NEW APPLICANTS

REQUIREMENTS FOR THE BAR EXAMINATIONS FOR NEW APPLICANTS

Applicants for the Bar Examinations must file a verified petition in the form prescribed by the Supreme Court (available at the Office of the Bar Confidant (OBC) for free) from June 1 to July 15, accompanied by the following documents:


A. NEW APPLICANTS (FIRST TIMERS)


1. Birth Certificate (issued by the NSO or Local Civil Registrar) –


- original or certified true copy

- legible

- In case of any discrepancy of entries between the Birth Certificate and Transcript of School Records, an affidavit of parents and/or jointaffidavit of two disinterested persons explaining the discrepancy is required. The applicant is however further required to submit a corrected birth certificate or corrected school records as the case may be.

- In the absence of birth certificate – Certificate of Late Registration.


2. Marriage Certificate (original or certified true copy)- for Married females only


3. Three (3) testimonials of good moral character each executed by a member of the Philippine Bar (form may be furnished by the OBC for free).


4. Official Pre-Law Transcript (original or certified true copy)


- In case the Rizal Course is integrated with another subject(s) appearing in the transcript, a certification from the school to that effect is required.


5. Official Law Transcript (original or certified true copy)


6. Certificate of no derogatory record.


7. Certification from CHED confirming graduation from the College of Law (C-2)


- (Not applicable to graduates of UP or State Universities /Colleges governed

by its own charter)


8. Three (3) copies of latest un-retouched photos w/ name IMPRINTED thereon

– (1 ½ x 1 ½ )


9. Self-addressed and stamped envelope


B. NEW APPLICANTS WITH:


1. PENDING CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/Information

- Certificate of pendency of the case/ Certificate of status


2. DECIDED CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/information

- Certified true copy of Decision

- Certificate of Finality of Decision


Clearance from the Court, Prosecutor’s Office or From the Office of

the Ombudsman, as the case maybe.

Source: http://sc.judiciary.gov.ph/bar/announcement/bar_requirements.php

Monday, May 31, 2010

PHILIPPINE PARTY-LIST SYSTEM: THE CARPIO FORMULA

THE NEW GUIDELINES:

1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.

2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one guaranteed seat each.

3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated.

4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.

Thursday, May 27, 2010

OPINYON KO LANG

I am now having an impression that some prosecutors are conducting preliminary investigations with prosecution of the respondent as the end in view.

It therefore bears to stress that although a preliminary investigation is not a trial and is not intended to usurp the function of the trial court, it is not a casual affair; indeed, a preliminary investigation is in effect a realistic judicial appraisal of the merits of the case in the conduct of which, the prosecutor does not stand to prosecute the respondent but to weigh the evidence with the cold neutrality of a quasi-judicial officer; it behooves a prosecutor to weigh the evidence carefully and to deliberate thereon to determine the existence of prima facie case before filing the information xxx. (Bernardo vs. Mendoza, 90 SCRA 214).

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