Law Each Week

Kidnapping and Serious Illegal Detention

1.      When is the crime of kidnapping and serious illegal detention committed?

The crime is committed when a private individual, not any of the parents of the victim, unlawfully kidnaps or detains another, or in any manner depriving the latter of his liberty, and that any of the following circumstances is present:

Property Relations between Husband and Wife

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1.      What are the property relations between husband and wife that may govern them?

 Article 74 of the Family Code enumerates the property relations between husband and wife as follows: (1) by marriage settlements executed before the marriage; (2) by the provisions of the Family Code; and (3) by the local customs.

Marriage

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What is marriage?

It is “a special contract of permanent union between man and woman in accordance with the law for the establishment of conjugal and family life. And, it is the foundation of the family and an inviolable social institution (sic)” (Sec. 1, Family Code of 1987).

Katarungang Pambarangay Law (Part II)

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Is there a difference between the Lupong Tagapamayapa and the Pangkat ng Tagapagkasundo?

Yes. The Lupong Tagapamayapa is composed of the Punong Barangay as lupon chairman and ten (10) to twenty (20) members who are residents of the barangay in good standing appointed by the Lupon Chairman. The barangay secretary shall concurrently serve as lupon secretary.

Katarungang Pambarangay Law

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What is the Katarungang Pambarangay (KP) Law and what is its purpose?

The KP Law is a system for the amicable settlement of disputes at the barangay level. It was established to promote the speedy administration of justice and to relieve court dockets and prosecutor’s offices of conciliable case. It is governed by Sections 399 to 422 of  R.A. 7160 or the Local Government Code.

Change of Name and Correction of Entries in Birth Certificate

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1. What law governs the change of first name and typographical or clerical errors in a birth certificate?

             The governing law is Republic Act 9048 or “An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change a First Name of Nickname in the Civil Registrar without Need of a Judicial Order”. This law amended Articles 376 and 412 of the New Civil Code which provided that a change of name or correction of entry could only be done through judicial order.

Anti-Rape Law (RA 8353)

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How rape is committed?

By a man who shall have a carnal knowledge of a woman under any of the ff circumstances:

  1. Through force, threat or intimidation;
  2. When the offended party is deprived of reason or otherwise unconscious;
  3. By means of fraudulent machinations or grave abuse of authority;
  4. When the offended party is under twelve (12) years old or is demented, even though none of the circumstances mentioned above present.

Adultery and Concubinage

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What is concubinage?

Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC).

Adoption

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Q: I want to adopt a child but I have heard that the judicial process of adoption is long and tedious. I have heard that you can “adopt” a child by simply faking his birth certificate. Is this legal and as good as a judicial decree of adoption?

Libel

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What is libel? What are its elements?

It is defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic exhibition and any similar means.