Preamble
Article I. National Territory
Article II. Declaration of Principles and State Policies
Article III. Bill of Rights
Article IV. Citizenship
Article V. Suffrage
Article VI. The Legislative Department
Article VII. The Executive Department
Article VIII. The Judicial Department
Archive for September, 2006
Philippine Constitution (1987)
Published by September 30th, 2006 in Elections and Constitutional Law. ClosedSteps and Procedure in Annulment and Declaration of Nullity of Marriage
Published by September 30th, 2006 in Annulment and Legal Separation and Litigation and Labor Law. 39 CommentsYou thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps†or suggestions in deciding whether to step out of the [...]
Employers’ duty under the Anti-Sexual Harassment Act
Published by September 29th, 2006 in Criminal Law and Litigation and Labor Law. 1 CommentYou may be aware that Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, provides for criminal sanctions or penalties for acts constituting sexual harassment. You may not be aware, however, that the law also requires the employers or the head of the covered institutions to prevent or deter the commission [...]
Infidelity of the mother in child custody cases
Published by September 27th, 2006 in Family and Property Law. 11 CommentsIs infidelity sufficient to deprive a mother of custody over her child?
The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian,
The Anti-Rape Law of 1997
Published by September 25th, 2006 in Criminal Law and Litigation and Labor Law. 2 CommentsThe Subic Rape Case again puts the spotlight on the crime of rape. As comments on the merits of the case are not allowed, let’s just discuss the crime of rape.
Rape is governed by Article 335 of the Revised Penal Code (RPC), which was amended on 22 October 1997 by Republic Act No. 8353, also [...]
What’s in a name? Change of name without going to court
Published by September 22nd, 2006 in Family and Property Law. 8 CommentsA name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family [...]
Supreme Court news: ‘Unusual, Unprecedented’ 30 Days
Published by September 21st, 2006 in Obiter/News. 0 CommentsAs reported at the Supreme Court website, all 15 Supreme Court justices are gearing up to hear a total of 10 cases on oral arguments – marking an unusual, unprecedented 30 days in the Court calendar. Today, September 21, the High Tribunal will hear oral arguments on three cases:
Labor-only contracting, independent job contracting
Published by September 21st, 2006 in Litigation and Labor Law. 0 CommentsJob contracting now appears to be the workplace trend. While job contracting has its positive aspects, the explanatory note of House Bill No. 380 asserts that workers hired by agencies through the job contracting scheme are the most underpaid, neglected and oppressed among the country’s labor force. To jumpstart the debate on this assertion, let’s [...]
Consumer protection in electronic banking (e-banking), e-commerce
Published by September 20th, 2006 in Banking. 1 CommentThe Bangko Sentral ng Pilipinas (BSP) recently issued Circular No. 542, providing for consumer protection for electronic banking. The salient features of Circular No. 542 are:
1. With the growth of e-banking and e-commerce, banks should use reliable methods of originating new customer accounts, ensuring strict adherence to the usual “KYC†or “know your clients†requirements. [...]
Excessive and unconscionable interest rate
Published by September 19th, 2006 in Banking and Corporate and Investments. 5 CommentsWith the suspension of the Usury Law and the removal of interest ceilings, the parties are generally free to stipulate the interest rates to be imposed on monetary obligations. As a rule, the interest rate agreed by the creditor and the debtor is binding upon them. This rule, however, is not absolute.
In a recent case, [...]
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