We previously noted that we are breaking down the discussion on the property relations of the spouses during marriage, as follows: (1) Prenuptial agreements and introduction to property relations between husband and wife; (2) The system of absolute community; (3) Conjugal partnership of gains; (4) Complete separation of property; (5) Donations by reason of [...]
Archive for September, 2007
System of Absolute Community: Property Relations in Marriage
Published by September 28th, 2007 in Family and Property Law. 2 CommentsWrit of Amparo: Questions and Answers
Published by September 27th, 2007 in Elections and Constitutional Law and Litigation and Labor Law. 1 CommentWhat is the writ of amparo?
It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances [...]
Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
Published by September 27th, 2007 in Elections and Constitutional Law, Litigation and Labor Law and Obiter/News. 2 Comments(The Supreme Court already approved the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC, 25 September 2007], which is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of [...]
Travel Clearance Required for Travel of Minors Abroad
Published by September 26th, 2007 in Family and Property Law. 0 CommentsBefore we proceed with the series on the property relations between spouses, let’s take a break and discuss the requirements for minors travelling abroad or outside the Philippines. The official document required is a travel clearance, which is a document issued by the Department of Social Welfare and Development (DSWD) to a Filipino child (below [...]
Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage
Published by September 22nd, 2007 in Family and Property Law. 7 CommentsWhat are the differences between absolute community, conjugal partnership of gains, and complete separation of property? Somebody asked this question some time ago, but we were not able to immediately post a discussion on this matter due to heavy law office work. This is also the same reason why we are constrained to break down [...]
Preliminary Investigation in Criminal Cases
Published by September 17th, 2007 in Criminal Law and Litigation and Labor Law. 5 CommentsAt the outset, let’s remove any possibility of misunderstanding that may be caused by the title of this post. The reference to a “preliminary investigation in criminal cases” does not imply that there’s a preliminary investigation in civil cases - there’s none. Preliminary investigation is a part of the rules of criminal procedure. Simply stated, [...]
People of the Philippines vs. Joseph Ejercito Estrada, et al. (Sandiganbayan, Criminal Case No. 26558 [for Plunder], 12 September 2007)
Published by September 13th, 2007 in Criminal Law and Obiter/News. 1 Comment(This is a digest of the Plunder Case against former President Joseph Estrada, Senator Jinngoy Estrada and Atty. Edward Serapio. The findings of facts will be covered in subsequent posts.)
BASIC FACTS
On 4 April 2001, an Information for plunder was filed against former President Joseph Ejercito Estrada (“FPres. Estradaâ€), together with Jose “Jinggoy†Estrada, Charlie ‘Atong†[...]
The Plunder Law: R.A. 7080 (full text)
Published by September 12th, 2007 in Criminal Law and Obiter/News. 0 Comments(There is already a discussion on the Philippine Plunder Law. Nevertheless, for the convenience of everyone, the full text of the law is reproduced below)
Republic Act No. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Section 1. Definition of terms. As used in this Act, the term -
1. “Public Officer” means any person holding [...]
The Anti-Hazing Law (R.A. 8049; full text)
Published by September 4th, 2007 in Criminal Law and Obiter/News. 0 Comments(The recent death of a graduating U.P. student, Cris Mendez, again places the spotlight on the Anti-Hazing Law. It’s unfortunate that every time this law is discussed, it’s almost always after somebody dies. The full text of RA 8049 is reproduced below.)
REPUBLIC ACT No. 8049AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN [...]
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