Legal implications of liberalization of service for the Philippine legal profession as a result of the ASEAN integration / Ruby Kimberly C. Libarios.
Material type:
TextPublisher: Cebu City : University of Cebu, 2017Description: iv, 74 (various) leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: The Association of Southeast Asian Nations (ASEAN) integration aims to fuse the ASEAN countries for it have a single market and production base through free flow of goods, services, investment, capital, and skilled labor. From these, there are several transactions, which would require the assistance and expertise of a lawyer. The researcher's objective is to identify if there is a need to open the Philippine legal system by accepting foreign lawyers. Even though there is a now a border less exchange of goods and services , the Philippines, being a protectionist state, provides in its Constitution specifically Section 14, Article XII that, " the practice of all profession in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law". The researcher used the qualitative- case study research method using the thematic analysis in order to better understand the ASEAN integration vis-a-vis the Philippine legal of profession. In order to gather date for said study, the researcher looked into the current laws governing the Philippine profession in consonance with the treaties the movement of persons in the ASEAN. She also interviewed a former member of the Supreme Court, the current Chief of staff of the Chief Justice of the Supreme Court,the Bar Confidant of the Supreme Court, and some Filipino lawyers who have interactions and transactions with other ASEAN countries. Due to the contrasting direction of the ASEAN integration and Philippine Constitution as to allowing foreign legal practitioners in the country, it is concluded that there is a need to open the Philippine for foreign lawyers to practice law in the country for non- adversarial legal tasks through the principle of reciprocity. However, it is recommended that there is a proposed joint resolution to convene the Congress into a constituent assembly for the purpose of amending Section 14, Article XII of the Philippine Constitution.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Periodicals | T L61le 2017 (Browse shelf) | Not for loan | 3UCBLL00008487 |
Thesis (Degree of Juris Doctor)-- University of Cebu-Banilad, 2017.
Includes bibliographical references.
Summary: The Association of Southeast Asian Nations (ASEAN) integration aims to fuse the ASEAN countries for it have a single market and production base through free flow of goods, services, investment, capital, and skilled labor. From these, there are several transactions, which would require the assistance and expertise of a lawyer. The researcher's objective is to identify if there is a need to open the Philippine legal system by accepting foreign lawyers. Even though there is a now a border less exchange of goods and services , the Philippines, being a protectionist state, provides in its Constitution specifically Section 14, Article XII that, " the practice of all profession in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law". The researcher used the qualitative- case study research method using the thematic analysis in order to better understand the ASEAN integration vis-a-vis the Philippine legal of profession. In order to gather date for said study, the researcher looked into the current laws governing the Philippine profession in consonance with the treaties the movement of persons in the ASEAN. She also interviewed a former member of the Supreme Court, the current Chief of staff of the Chief Justice of the Supreme Court,the Bar Confidant of the Supreme Court, and some Filipino lawyers who have interactions and transactions with other ASEAN countries. Due to the contrasting direction of the ASEAN integration and Philippine Constitution as to allowing foreign legal practitioners in the country, it is concluded that there is a need to open the Philippine for foreign lawyers to practice law in the country for non- adversarial legal tasks through the principle of reciprocity. However, it is recommended that there is a proposed joint resolution to convene the Congress into a constituent assembly for the purpose of amending Section 14, Article XII of the Philippine Constitution.
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