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Butsoy

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weazerboy,

 

pag walng parental consent ay voidable ang marriage, meaning valid until anulled. kc ang isang infractions ng law ay hindi mag papa void ng marriage, pde ito i ratify, at pde punuin ang kulang na requirements w/d in the 5 years period from the date of the marriage.

ang mananagot kapag may infractions dito ay ang mga tao na may kinalaman sa pagkakaroon ng kamalian, siya ay criminally, administratively and civilly liable.

 

pag walang parental consent ang babae o lalake na over 18 but below 21. ay voidable ang marriage, meaning valid until annulled. pero pde itong i ratify, ung ratification period nito ay 5 years mula pag naging 21 n ang isang party. ang pde lng mag process ng annulment or legal separation pag morethan 21 na, ay ang parties, kc ang marriage conract is a social institution and it is not an ordinary contract. pero pag wala pang 21, pde ang parents/ guardian ng either party ang mag process ng annulment or legal separation.

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With all due respect to tasha8 and toosexy4u, i submit the following:

 

1. dahil sa walang kasama yung lalake o babae sa kasal nila...yung tumayong guardian ay pinalabas na lola (kumuha lang nang matanda) then thru affidavit. Yung nilagay na pangalan nang lola, mali din if verified. (kunwari lita lopez, naging rita lopez)

 

Ans: As long as the following are met:

 

Art. 2. No marriage shall be valid, unless these essential requisites are present:

 

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer.

 

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

 

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

 

Hindi kailangan ng presence ng guardian sa kasal. Presence of not less than two witnesses of legal age ang requirement. Inconsequential sa validity nung kasal whether both of them are only from one side or their names are mispelled.

 

2. pwede po ba maghabol ang parents nung lalake o babae kapag nalaman nila na kinasal ang anak nila na hinde nila alam at wala silang consent?

 

Ans: Depende.

 

Kung below 18, di na nila kailangan maghabol sa korte, void from the very start ang kasal.

 

Kung one of the parties is only 18 or over but not yet 21 , pwede pa. Under Art 45, such a marriage is valid but it may be annulled. Under Art. 47 of the Family Code, annulment of such a marriage may be filed by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one.

 

To clarify what toosexy4u said, "pag wala pang 21, pde ang parents/ guardian ng either party ang mag process ng annulment or legal separation". This is only true if both parties are over 18 but under 21. If only one party is under 21, Article 47 of the FC says only the party whose parents did not give consent or his/her parents may file for annulment within the respective period allowed for them. Di pwede magfile ng annulment yung party or the parent ng party na over 21 na.

 

However, this gets complicated and interesting if there is a disagreement between the party over 18 but under 21 and his/her parents if the latter wants to file an annulment of the marriage which was without their consent. What gives?

 

A way out may be effected by an emancipation agreement between the parents and the party over 18 but under 21. Such an agreement will solve the problem as the parental authority is rescinded. But this is only effective if the parents relent. What if they don't want to?

 

Another way out is when the party over 18 but under 21 cohabits with the other party after he/she reaches 21 as per the provisions of Art. 45.

 

However, without an emancipation agreement, we may have an absurd situation whereupon the parents filed an annulment of a marriage while their son/daughter over 18 but under 21 fights them. Of course this is solved if the annulment proceeding is not finished when the son/daughter reaches 21 because mawawala na yung parental authority. Eh paano kung maaga maresolve yung annulment proceeding?

 

It is this part that I am asking the experts on this forum. What gives?

 

In the same vein, would it now be wise to make 18 the age of majority in all aspects so that an 18 year old person would be fully given his rights, civil and political? It is somewhat strange, in my humble opinion, to give an 18-year old person the right to chart the fate of the country by giving him the right to vote yet deny him the right to chart his life by withdrawing his right to marry. If a person votes stupidly, he damns the nation. If he chooses to marry stupidly, he only damns himself. :)

 

Of course, kung 21 and over na pareho, habol na lang yung parents sa tambolmayor.

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guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

 

Dude, forget WMP. download and use Quintessential player (its free). It can play most sound files as long as you download and install the plug-ins (free also). :thumbsupsmiley:

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How come walng reply sa question ko? D alam ang sagot?

 

I repeat the question:

 

Nagkalat yun mga gamot na pampaarouse ng libido sa internet. I just want to ask the brilliant lawyers here kung may pananagutan ba sa batas kung pinainum mo ng pampaarouse yun sex partner mo without informing her.

 

If so ano kaso and what will be the penalty?

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How come walng reply sa question ko? D alam ang sagot?

 

I repeat the question:

 

Nagkalat yun mga gamot na pampaarouse ng libido sa internet. I just want to ask the brilliant lawyers here kung may pananagutan ba sa batas kung pinainum mo ng pampaarouse yun sex partner mo without informing her.

 

If so ano kaso and what will be the penalty?

 

 

hehehe, sabi mo brilliant eh, humble kasi kami dito sa legal thread. :hypocritesmiley:

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i have a problem here

 

Recently my PC started up with a grinding sound so i turned it off,

turned it on again after 1 minute ganun padin. I left my PC unused for couple of days tas ok na. What do you think is the problem. My hard disk has been unstable for white sometime now pero ngayon ok naman.

If hard disk or memory and may sira, posible kayang if i do memory intensive stuff or things that will make my PC use up more resources like games then baka may chance na may masunog sa loob or may masira?

Thanks in advance. Anyway i plan to upgrade rin naman soon just asking.

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j s j99,

 

 

Kung yung pinainom sa babae eh yung mga tinatawag na date rape drugs kung saan mahihilo, makakatulog o kaya manghihina sya para magawa mo na ang kademonyohan mo, reclusion perpetua yun, boy. Rape yun.

 

Pero kung yung mga aphrodisiac ang tinutukoy mo, kung saan makakaramdam lang sya ng pagtaas ng libido pero in full control pa rin sya ng kanyang faculties which means sex would still be consensual, alang kasong criminal. Parang pinainom mo lang sya at tamang tipsy lang (some women get horny kung medyo tipsy, i think :evil: ). Basta walang pwersahan. Ang libido naman ay nakokontrol, di tayo parang pusa na pag pinakain ng catnip, mating stance kaagad.

 

However, in case the drug produces an adverse effect, like an allergy o kaya biglang hikain dahil sa pinainom mo, you shall be liable under Art 264 of the RPC.

 

Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to k*ll, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

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To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

 

 

I beg to disagree. Agabon vs NLRC (Nov 2004) brought back the Wenphil Doctrine or Belated Due Process Rule whereby dismissal for a sufficient cause (those included Art 282) but failure to observe the due process requirements only makes the employer liable for damages. Thus, an employee dismissed for a valid cause but was not given due process can only claim for damages. He cannot ask for reinstatement and backwages.

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