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A LAW EACH DAY (KEEPS TROUBLE AWAY)

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Mistaken move

by Jose C. Sison - January 24, 2025 - 12:00am

Can the issue of the validity of marriage and the legitimacy and filiation of a child be resolved in a petition for correction of entries in the civil registry? This is the question raised in this case of Maric...

Conclusive presumption

by Jose C. Sison - January 17, 2025 - 12:00am

The best documentary evidence of a marriage is the marriage contract itself, freely and voluntarily signed by the parties after obtaining a marriage license.

Null and void adoption

by Jose C. Sison - January 10, 2025 - 12:00am

The general rule in adoption is that if the adopter is married and has children, the adoption must be filed by the couple jointly and must be with the consent of the adopter’s other children, 10 years old or...

Maltreatment is child abuse

by Jose C. Sison - December 20, 2024 - 12:00am

Pursuant to Republic Act 7610, inflicting physical injuries on a minor child to maltreat or malign him/her in a manner that would debase, demean or degrade his/her dignity constitutes child abuse with a heavier penalty...

Unbelievable testimony

by Atty. Jose C. Sison - December 13, 2024 - 12:00am

In the crime of rape, the accused sometimes uses the “sweetheart defense” in which he claims that he and the victim are sweethearts and therefore the sexual intercourse between them is consensual.

Only incidental

by Jose C. Sison - December 6, 2024 - 12:00am

If a victim is taken and brought against his will to another place merely to facilitate his killing, is the crime committed kidnapping with murder or murder only?

Substantial distinction

by Jose C. Sison - November 29, 2024 - 12:00am

This case is about RA 9262, which involves a husband and father who raised the issue of whether he violates the guaranty of equal protection of the law, considering that it is intended to prevent and criminalize...

Right to reimbursement

by Jose C. Sison - November 22, 2024 - 12:00am

This case of the spouses Mando and Mila is quite rare as it involves the payment of their indebtedness by another entity.

Inalienable right

by Jose C. Sison - November 15, 2024 - 12:00am

Can a husband be criminally held liable of raping his wife? This is the question raised and answered in this case of Emma and Romy.

One-sided information

by Jose C. Sison - November 8, 2024 - 12:00am

For a marriage to be declared null and void on the ground of psychological incapacity, the incapacity must be rooted on some debilitating psychological or mental condition or illness and not on mere difficulty, refusal...

Anomalous situation

by Atty. Jose C. Sison - November 1, 2024 - 12:00am

To be liable for bigamy, the second or subsequent marriage contracted by the accused must have all the essential requisites for validity. If the second marriage contracted by the accused is not valid, she cannot...

Mere scrap of paper

by Jose C. Sison - October 18, 2024 - 12:00am

A marriage contracted without a marriage license by a man and a woman of legal age is void except when they have lived together as husband and wife for at least five years prior to getting married.

Unproven foreign divorce

by Jose C. Sison - October 11, 2024 - 12:00am

A foreign divorce decree obtained by a married couple who are both citizens of the foreign country may be recognized in the Philippines if it is duly authenticated by the foreign court. This is illustrated in this...

Wrong remedy

by Jose C. Sison - October 4, 2024 - 12:00am

In order to terminate the effects of a subsequent marriage contracted after a court has wrongfully declared the presumptive death of a spouse of the first marriage, what is the proper remedy of the first spouse...

Foundation of the family

by Jose C. Sison - September 27, 2024 - 12:00am

Can a marriage bond be severed because the husband is a homosexual? What is the remedy of the wife in such a case? These are the questions answered in this case of Dina and Nardo.

Mitigating circumstance

by Jose C. Sison - September 20, 2024 - 12:00am

Under our laws, children need special attention, care and assistance, particularly those living in exceptionally difficult conditions.

Still valid without judicial declaration of nullity

by Jose C. Sison - September 13, 2024 - 12:00am

When a marriage has been declared null and void on the ground of psychological incapacity of a spouse under Article 36 of the Family Code, it is deemed that no marriage has taken place at all so that no marriage...

Rape of a sweetheart

by Jose C. Sison - August 30, 2024 - 12:00am

This is a case where having an amorous relationship or being sweethearts is not considered as an excuse or a defense in the commission of the crime of rape.

Natural right

by Jose C. Sison - August 16, 2024 - 12:00am

This is another case of battle for custody of a minor child.

Untruthful defense

by Jose C. Sison - August 9, 2024 - 12:00am

This is another unique case involving husband and wife. Here the wife was accused of parricide for killing her husband and admitted it after allegedly being repeatedly maltreated that caused her to be possessed by...

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