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Butsoy

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hi guys! i don't know if this is the right thread, this is sorta kinda related to law, so im gonna ask anyway:

 

what agency/institution/gocc is there for delinquent young men? im referring to teens who haven't commited a crime yet, but they will most likely do so if no action is taken. what steps can the affected family take? is there some place for them? private institutions are so darn expensive.

 

your replies will be much appreciated, thank you :mtc:

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hi guys! i dunno if this off topic or not.. my problem is related to birth certificate of my gf, her last name is parungo, but on the documents of nso and local civil registrar is paruñgo. I know for a fact that this is not covered by RA 9048. Anyone can help? What we should do? thanks in advance..

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hi guys! i dunno if this off topic or not.. my problem is related to birth certificate of my gf, her last name is parungo, but on the documents of nso and local civil registrar is paruñgo. I know for a fact that this is not covered by RA 9048. Anyone can help? What we should do? thanks in advance..

 

administrative correction of entry. punta ka NSO, alam na nila gagwin jan.

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hi guys! i don't know if this is the right thread, this is sorta kinda related to law, so im gonna ask anyway:

 

what agency/institution/gocc is there for delinquent young men? im referring to teens who haven't commited a crime yet, but they will most likely do so if no action is taken. what steps can the affected family take? is there some place for them? private institutions are so darn expensive.

 

your replies will be much appreciated, thank you :mtc:

 

I would think that this would be the Department of Welfare and Social Services' turf.

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ano po ba yung administrative correction of entry? can you please elaborate? thanks again...

 

 

Offhand, usually clerical or typographical errors which do not affect the following: (a) gender [male or female] (B) age/birthdate © citizenship [Filipino or not} and (d) civil status [single or married] of the person concerned. If the correction involves these four entries, you need to resort to a judicial petition. Kung hindi, administrative lang ang process.Madali at mura lang yun.

Edited by agentjackbauer
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Like most of us have said: It's in the student. We read the same books, anyway.

Consequently, it's the Practice that defines the lawyer.

 

And No Dissing off of schools, please. This is a free legal help desk thread.

 

THanks.

 

 

True, this is a free legal help desk. No dissing was committed except in the minds of the paranoid. :thumbsupsmiley:

Edited by agentjackbauer
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Just for the sake of clarity, let us go through what you said that RA 9262 does not apply to married women.

 

First, under Art. 170 of the family Code, the legitimacy of the child cannot be impugned collaterally because only a direct suit within the applicable prescriptive period and brought only by the father or his heirs can impugn the legitimate status of a child. Well and good.

 

Second, because of the above, a married mother cannot file a case under RA 9262 against someone who impregnated her who is not her husband because it would collaterally impugn the legitimacy of child. Again, well and good.

 

However, let's throw a little wrinkle into that very neat theory.

 

Can't the mother, on behalf of her child, file a case to claim the illegitimate filiation of her child as given under Art. 173 of the Family Code with an attendant claim for support? And subsequently, file a case of violation of R.A. 9262? Because the former is a prejudicial question to the latter, the criminal case would have to be suspended.

 

There is nothing in R.A. 9262 that says it is inapplicable to married women. Ubi lex non distinguit nec nos distinguere debemos. The law does not distinguish, neither should we. In fact, the law says that it must be given a liberal construction to protect the women and their children.

 

Under Article 167 of the Family Code, "the child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress." To allow the mother to file a case (on behalf of the child) claiming illegitimate filiation of the child would be to have the mother indirectly declaring against its legitimacy. This runs up against the maxim "what cannot be done directly cannot be done indirectly." Consequently, I believe that the mother may not be allowed to file a case on behalf of the child. Note also that a legitimate status favors the child. I think we can apply by analogy the cases where the SC ruled that a parent may not file a petition to change the child's surname and that it should be the child himself, when he reaches the age of majority, who should decide on the matter.

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