What does a Lawyer’s Signature on a Pleading signify?
Under the Revised Rules of Civil Procedure (A.M. No. 19-10-20-SC ) a lawyer who signs a pleading, likewise certifies that:
- The pleading or document is not being presented for any improper purpose.
- The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence. Arguments for extending, modifying, or reversing existing jurisprudence must be non-frivolous.
- Factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availing of the modes of discovery.
- Denials of factual contentions are warranted by evidence or, if specifically so identified, based on belief or lack of information.
The lawyer is also now required to conduct a reasonable inquiry under the circumstances prior to certifying such matters.
The Court may impose sanctions on the lawyer, law firm, or party found to have violated these undertakings. In case of law firms, they are severally liable for violations committed by their partners, associates, or employees. Monetary penalties cannot be shifted or passed on to their clients.
Can a Foreigner Lease a Private land in the Philippines for 50 years and renewable for another 50 years?
The answer is No.
Presidential Decree (P.D.) No. 471 was enacted to regulate the lease of lands to aliens. It provides that the maximum period allowable for the duration of leases of private lands to aliens or alien-owned corporations, associations, or entities not qualified to acquire private lands in the Philippines shall be twenty-five (25) years, renewable for another period of twenty-five (25) years upon mutual agreement of both lessor and lessee. It also provides that any contract or agreement made or executed in violation thereof shall be null and void ab initio.
Causing Dela Cruz Law Office 