Atty. Luis Vera Cruz

Atty. Luis Vera Cruz (The Pedestrian Lawyer)😉
"With your kind permission Your Honor." "What is the pleasure of counsel."

27/08/2026

Some government or administrative agencies have quasi-legislative and quasi-judicial powers. They are empowered to promulgate rules implementing laws which have the effect of laws. This is called the power of subordinate legislation. In reality there are gaps in the law as our legislators are not infallible. The agencies concerned are thus empowered to fill in the details and supplement the law with implementing rules provided they do so within the language and intendment of the law.

These agenciies may also have quasi- judicial functions. They adjudicate cases and controversies within their primary jurisdiction. Example: a student is suspended from classes for allegedly misbehaving. The case may be brought before the Deped and after hearing may render judgement.

27/08/2026

An exception to the hearsay rule is a dying declaration. When a person is in the throes of death any declaration or statement he makes while gasping for his last breath may be testified to by a witness who heard such declaration or statement. Technically that is hearsay because it is an out of court declaration presented in Court by a witness other than the declarant.

The reason why such a dying declaration is admissible evidence as an exceprion to the hearsay rule is its reliability and trustworthiness because a person who is about to meet his creator is expected to tell the truth.

26/08/2026

When is damage unquantifiable. Institutional damage, damage to reputation, good will and the like, moral, exemplary , nominal damages

25/08/2026

Lawyers should avoid being emotional. They should
handle their cases to the best of their abilty without getting personally involved .

25/08/2026

A warrant of arrest is issued by a judge upon a probable cause (such facts or circumstances which lead a reasonable and prudent man to believe that an offense has been committed and that the respondent is probably guilty thereof.

No person may be arrested without a warrant of arrest. There are 3 exceptions.

1. When the offense is being committed or is about to be committed or has just been committed in the presence of the arresting officer or person.

2. When the offense has just been committed and the arresting officer has knowledge thereof based on probable cause. He must immediately arrest the offender. There should be no appreciable lapse of the intervening time from the commission of the offense and the arrest. Otherwise a warrant is required.

3. When the person to be arrested is a fugitive from justice ( i.e. an escapee )

24/08/2026

A lawyer saying or implying that the witness lacks common sense is uncalled for. Besides it is a conclusion of fact which is beyond the competence of the lawyer.

24/08/2026

Going back to the debate on the required number of votes to convict an impeacheable official let us remember that an impeachment proceeding is a trial that results in judgement condemning or absolving a person.

The insistence of those who mechanically apply the constitutional provision of 2/3 of all the members of the senate forget another provision of the Constitution which is the mandate of due process. The provisions should not be read in isolation but in harmony with each other. In every proceeding where the right to life, liberty or property is at stake due process must be observed.

Thus the 2/3 provision of the Constitution should be comstrued in harmony with due process. One must be heard before judgement is passed upon him. The mechanical application of the Constiturion on the 2/3 vote requirement defies due process and also common sense. How can there be due process when one is denied a hearing before a judge who is absent. What would be the basis of the decision of that judge.

The framers of the Constitution and law are not infallible. There may be gaps in the law. We should harmonize them with settled principles and jurisprudence.

24/08/2026

Golf is life. U start with goals. Along the way you meet pitfalls, traps and obstacles. U make decisions to keep the ball in play. No turning back. Every shot counts.

24/08/2026

Law practice demands a sound mind and a sound body. Be healthy. Play golf. It reminds you that walking on the grass is better than resting beneath it.

23/08/2026

School and educational institutions assume substitute parental authority over their students. They are responsible for the behavior and conduct of their students in school

The shooting incidents are not common occurrences in schools. They do not happen without the intervention of fault or negligence of the school. It is not for the victim or his family to prove that the school wad negligent. It is the burden of the school to prove that it was not negligent. The concept of extraordinary diligence applies.

Address

Windsor Tower 163 Legaspi Street
Makati
1229

Website

Alerts

Be the first to know and let us send you an email when Atty. Luis Vera Cruz posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share

Category