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Rockpen

Legal Matter Issues

36 posts in this topic

As a law student of Ateneo I think it is my obligation to share to the APS community the legal knowledge that I learn from school. I started this topic para mag share ng recent legal issues, law, and jurisprudence in our country. para Hindi tayo tawagin na mangmang at Hindi tayo ma loko ng ibang kapwa natin. Feel free to ask me legal advice and any topic related to legal issues. Also, pwede rin tayo mag share ng mga hot issues sa country natin about sa law. Don't worry yung mga topics na used in our everyday life lang naman pag uusapan natin :) I can share template or legal documents and contracts (draft) if kelangan ng members.

Note to moderators and admin : pa move nalang po sa appropriate topic if you see it unfit under this category.

Thanks. I will try to post later pagka uwi ko from school.

beembeem, N, repapips9 and 2 others like this

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Lolz, ano ba major mo bro sa Law? Kung expert ka or marami ka alam sa Labor law ay tiyak na marami ang magtatanong sa iyo nyan. Isa na ako dun. hahaha.

Rockpen likes this

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@drake: I'm currently taking law sir. My pre law course is Philo. I graduated sa beda mendiola. Oo naman sir. Diko sinasabi expert ako pero i will try to give legal advice sa makakaya ko tska we can never go wrong naman basta andyan ang law :) and the decisions of the SC. Anyway, oo sir maganda topic ang labor law Lalo na sa benefits at illegal dismissal. Onga pala I would like to call the attention of our attorney in the house sir si bro @waiting9. Lawyer po siya :) I think makakasama din natin siya clarify mga legal issues ng APS community. Tnx sir Drake.

@havoc: bro I do not agree with the decision of the SC. I will make a dissenting opinion later or bukas :) madami tayo maganda topics pwde discuss. Tnx

Edited by Patrick
KYLER likes this

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what is your stand on the supreme courts decision regarding sen. grace poe eligibility to run for president?

 

CITIZENSHIP BY BLOOD; A FOUNDLING CAN NEVER HAVE A CITIZENSHIP STATUS. PERIOD!

 

 

The first certificate of live birth, dated Nov. 27, 1968, purports to show that Ms. Poe was born a foundling, and found in the parish church of Jaro, Iloilo on Sept. 3, 1968 at 9:30 am by Edgardo Militar who later put her in the custody of Emiliano Militar of Sta Isabel Street in Jaro.
The typewritten document identifies the child as Mary Grace Natividad Contreras Militar. It also contains a handwritten note of seven short lines that says the child was “adopted by the spouses Ronald Allan Poe and Jesusa Sonora Poe as per Court Order, Municipal Court, San Juan, Rizal, by Judge Alfredo Gorgonio dated May 13, 1974.”
 
Foundlings by their very nature have unknown parentage. Sometimes, the parents throw away their offspring into safe havens (a church, an orphanage, a doorstep, etc.) for one or more specific reasons (unwanted birth ...perhaps this is what happend to poe.)
 
anyway, I haven't seen the actual decision of the Supreme Court but it doesn't matter now. I just want to stress out that the fact that the Philippine law adheres to the so called "jus sanguinis" (citizenship by blood. a person follows the citizenship of his or her parent) a foundling can never have a filipino citizenship status. period. the philippines does not adhere to citizeship by place of birth or what is commonly known as jus solis. 
 
going back to the great foundling (grace poe) , considering that she doesn't have any known biological parents. it is safe to say that she cannot be considered a filipino citizen because we do not have any basis in fact and in law that she will become a filipino citizen. one must first identify the nationality/origin of his or her parents before she can claim that she is a filipino citizen. she cannot seek shelter on the premise that she was adopted by the 
late fernando poe considering that she was not legally adopted. thus, my position is she cannot be considered a filipino citizen. she is a foundling and hence a stateless person under philippine international law. 
 
there are a lot of loop holes regarding the nationality of this foundling. but let us leave this issue for now because it has been settled by the highest tribunal. the real issue is whether or not she is really deserving to be our next PRESIDENT. 
Boneo and KYLER like this

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Here's my opinion as regards to the decision on Poe's qualification.

Well expected naman na madaming kontra dito, because her disqualification would have benefited the President we're rooting for. I'm not for Poe, but I'm glad that the Supreme Court ruled that way. Had the ruling been the other way around, imagine what kind of country we would have; a heartless bitch, who would rather brand an abandoned child stateless than afford them protection when they need it the most. Foundlings, at the very least, deserve recognition, which was denied to them from the moment they were abandoned.

Medyo masama talaga tingnan in point of view of Poe alone. But if you look it on the point of view of all other foundlings, I think the Supreme Court made a just ruling. Precedent ruling governing nationality of foundlings and not to Poe alone.

KYLER, Boneo, Rockpen and 1 other like this

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@soundin: nice argument sir. Had it been na law making body ang SC pero diba their duty is to interpret the law. Not to create a law. I don't want to stray away to the topic pero sa nakita ko gumawa sila ng new meaning ng foundling. Let's be frank here wala naman iba meaning ng foundling so how come ang founding bigla nagka nationality? In my opinion it is up to the Philippine Senate to create a law that will say once and for all ano ang nationality ng foundling aside sa standard na alam natin. I agree with your argument bro. Don't get me wrong hehe pero ang akin lang Sana dinaan sa tamang procedure. Hindi naman trabaho ng SC and gumawa ng law. They are tasked to interpret the law enacted by Philippine Congress. Sana ginawa nila they indorsed it sa Congress para ma settle ang vague issue about the nationality of a foundling sa pinas.

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THE RATIONALE BEHIND ADULTERY:

 

 

adultery.jpg

 

 

       Last night my friend asked me what is the difference between adultery and concubinage. well I told him in layman's term that adultery is a crime

 

committed by a wife who had sexual intercourse with a man other than her husband. in tagalog, nangaliwa ang asawa mong babae. on the other hand,

 

concubinage is a crime committed by the husband who had sexual intercourse with a woman other than his wife. in tagalog, nangaliwa ang asawa mong lalaki.  

 

well, he did not stop there because he kept asking "tsong, ano mas mabigat parusa ang adultery or concubinage??" well , I told my good friend, "pare mas

 

mabigat ang parusa sa adultery" . and i added that evidence of sexual intercourse is enough to convict a woman of adultery WHILE in concubinage, evidence

 

of sexual intercourse is not enough to convict a man, it must be sex under scandalous circumstances such as "binabahay mo dapat yung kabet mo".  

 

thereafter, he kept going and asked why is that so? "bakit mas mabigat parusa sa adultery at bakit hindi kelangan ng mabigat na ebidensya? diba parang unfair yun sa mga kababaihan???  

 

        well the rationale of the law makers back then is very simple. to keep the family intact.    have you ever

 

wondered if your wife gets pregnant and the child is not yours? the child is born within your family. is that right? how worst can it get right?

 

you will rear and support the child only to find out that the child is not yours and it was made during your marriage. women, with all due respect has the

 

capability to bear a child anytime any where so long as they are fertile. now, if a woman plays fire with another man other than you while you were at the

 

officer or work, that man is scott free from responsibility if ever he gets your wife pregnant. parang nung nag tatalik sila ng asawa mo sabihin ng lalaki sa

 

asawa mo "putok ko na sa loob mo ha bahala na asawa mo" then your wife would say "sige putok mo kahit ilang beses pa tutal nag away naman kami kagabi

 

eh ganti nalang yun sakanya".     

 

 

     what a beautiful scenario isnt it? oh by the way , this is a true story. I have a friend na may asawa and whenever she is mad at her husband she would call me and say "pat sex tayo bilis. i want you to cum inside me" (O NANIWALA NAMAN KAYO? joke lang yun) 

 

  happy easter mga ka  apsters!!! bantayan ninyo asawa niyo mahirap na mahal pambili ng gatas haha  :th_look: 

repapips9 and wating94 like this

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@Patrick: Ano bha yung possible grounds for annulment? if lalaki yung mag-file?

 

Totoo bha na approved na yung free annulment sa atin?

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@Patrick: Ano bha yung possible grounds for annulment? if lalaki yung mag-file?

Totoo bha na approved na yung free annulment sa atin?

Madame sir pero sa office the most common and most abused ground is psychological incapacity. It is the inability of a man or woman to consummate his responsibility in marital life. Mostly sir kelangan ng psychologist dito para ma prove sa court na talagang Hindi kaya gampanan ng isa or bawat isa sakanla ang buhay kasal.

As regards your second question, I haven't heard that one yet sir. Kawawa naman mga abugado sa private practice kung matupad man yang bill sa Senate. Anyway, pwede naman magka free service sa pao sir. Kaya no need to make annulment free of charge. Although Mahal talaga nag file ng annulment kasi Mahal ang pagbayad sa psychologist.

tagabukid likes this

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Possible bha na pweding gamitin yung record sa hospital na once in her life nag attemp xa magpakamatay? plus the video record na may kahalikan xa?

 

This is my friend's case. seeking for the possible solutions.

Rockpen likes this

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@tagabukid: sir malabo yun. When the law says psychological incapacity that means you are psychologically not able to perform nor consummate marital obligation (love, support, mutual, care, and other related to marriage life) . Suicide is not a ground sir. Mas Lalo na yung nahuli ka may kahalikan. At most baka legal separation lang ang Laban dun. Definitely not annulment. Dapat yung grounds must be severe, atska existing na prior PA sa marriage. Example : nung teenager siya babaero na siya sugarol at addict sakanila at lage na rerehab tapos nung kinasal kayo Hindi na siya halos nagwowork dahil lulong sa babae at alak at sugal, Lagi ka niya sinasaktan pag di mo siya binigyan ng pera pang sugal.

Edited by Patrick
tagabukid likes this

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pang bar exam ang sagot ni Patrick. Hahaha. Anyway, with your kind indulgence, if I may intervene, Mr. tagabukid, it depends kung paano ipapalabas ng lawyer na yung fact of suicide attempt and affair with another person is tantamount to psychological incapacity. There's a possibility na ma-declare na null and void ang kasal, basta subject the person to a psychological exam, and if the examination results will provide that such acts constitute incapacity to perform essential marital obligations, then yes, possible na ma-declare na null and void ang kasal.

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Nice one sir @soundin. Although, in practice dami na dedeny na annulment cases ngayon dahil dun sa recent ruling ng Supreme Court sa Ochosa vs. Alano where the justices concurred that While we are not insensitive to petitioner’s suffering in view of the truly appalling and shocking behavior of his wife (engaging in sexual Intercourse with various men in the military camp) , still, we are bound by judicial precedents regarding the evidentiary requirements in psychological incapacity cases that must be applied to the present case. In santos vs CA, the psychology incapacity must exists prior to marriage, it is grave and lastly must be incurable. "

That is the reason kaya halos denied ang petition for annulment ng mga client namin sa office. Masyado na stringent ang application ng mga judges ngayon. I think it is now time to revisit the divorce bill which I guess is still pending at the bicameral committee? Was it? Or pinatay na ito sa Congress?

Edited by Patrick
repapips9 and tagabukid like this

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THE RATIONALE BEHIND ADULTERY:

 

 

adultery.jpg

 

 

  

     what a beautiful scenario isnt it? oh by the way , this is a true story. I have a friend na may asawa and whenever she is mad at her husband she would call me and say "pat sex tayo bilis. i want you to cum inside me" (O NANIWALA NAMAN KAYO? joke lang yun) 

 

  happy easter mga ka  apsters!!! bantayan ninyo asawa niyo mahirap na mahal pambili ng gatas haha  :th_look:

 

 

Ito yong nagdala dito eh.. hehehe 

Rockpen likes this

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Thank you Patrik and Soundnin714...

 

How about 4 years nang hiwalay without communication and yung lola lang ng mga bata yung nakikipag communicate kapag gusto nila kausapin yung anak nla kasi sa lola na nkatira yung bata? and then they are both working abroad in different places, plus the above reason? ano yung magiging stand ng kaso nila?

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Thank you Patrik and Soundnin714...

How about 4 years nang hiwalay without communication and yung lola lang ng mga bata yung nakikipag communicate kapag gusto nila kausapin yung anak nla kasi sa lola na nkatira yung bata? and then they are both working abroad in different places, plus the above reason? ano yung magiging stand ng kaso nila?

You are pertaining to constructive abandonment coupled with the elements of psychological incapacity. If those are present then my brother your friend might have a chance. Collate ninyo lahat ng evidence na yan and by evidence I mean testimony ng mga kamaganak etc. Plus the psychologist.

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Ang madadagdag ko lang sa sinabi ni Patrick, eh mahirap mag-prosper ang declaration of nullity sa case ng kakilala mo tagabukid. Not because of the legal ground of psycholigical incapacity, but because of their current situation na nasa abroad sila. Take note that in this case, only the spouses may assail the nullity of their marriage. Since they are both in abroad, I doubt that either of them are willing to maintain the prosecution of the case. Di uusad ang kaso kapag wala silang active participation, because at some point, they have to take the witness stand, and they have to be regularly subjected to series of psychological examination; which would be quite difficult, if not impossible, kung parehas sila nasa abroad.

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@soundin : correct bro. I missed that fact so both Pala nasa abroad sila. Naku talaga di mag prosper yun. Unless yung isa sakanila mag PA naturalized as a foreigner abroad tapos yung foreigner Filipino nun can file a divorce against his or her wife /husband which in that case capacitates the Filipino or Filipina to remarry in the Philippines. Yun pwde PA yun under art. 24 yata yun paragraph 2 ng family code. Tama ba sir @soundin?tamad nako mag bukas ng book lol antok na kasi ako.

Edited by Patrick
repapips9 likes this

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