legal Free Legal Advice

[bokam]

thunderboy1234,

 

Ask ur frend to tak to his lawyer before the sked hearing. Let them go over the matters that ur frend has to testify to. If he has a lawyer then no prob. If not, let him approach the publc prosctor handling d case. Due to their workload assigned to them, some Pblc Prosctors may refuse. The presentaton and impact will depend upon the prosecutr's style.

[umbertoeklat]

cno marunong PHP?

[rhumbee]

Sirs,

Any advise kasi yung friend ko isasalang na sa witness stand, cya po ang complainant estafa case po, para maganda preparation at presentation.

Unang-una dapat ihanda sya mabuti ng abogado nya, parang rehearsal ba. Alam ng abogado kung anong klaseng paghahanda ang gagawin dyan. At importante, pakinggan nya mabuti ang mga tanong sya kanya, at wag magbibigay ng impormasyon na di nama hinihingi.

[ladydredd]

sirs,

 

would you be kind enough to post here the law and its implementing rules on adultery? mejo mahaba, but i'm sure lots of people from MTC will greatly benefit from it. iba pa rin shempre ung alam mo kahit pano ang batas, di po ba?

 

thanks and Happy Father's Day!

[ken_ji_75]

check the site on Philippines Laws andun lahat ng kailangan mo?

[ladydredd]

problem is, its too much legalese, and im having a hard time understanding it. perhaps you or anyone can translate it to layman's terms?

 

thanks.

[amicus]

sirs,

 

would you be kind enough to post here the law and its implementing rules on adultery? mejo mahaba, but i'm sure lots of people from MTC will greatly benefit from it. iba pa rin shempre ung alam mo kahit pano ang batas, di po ba?

 

thanks and Happy Father's Day! 

the law on marital infidelity under the revised penal code (RPC) are as follows:

 

"Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

 

"If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

 

"Art. 334. Concubinage. — 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, shall be punished by prision correccional in its minimum and medium periods.

 

"The concubine shall suffer the penalty of destierro. "

 

discussed this somewhat in another thread: http://manilatonight.com/index.php?showtopic=1664&st=170

 

a conviction for adultery is punishable by up to 6 years in prison. each act of intercourse (each "round" according to MTCers) constitutes a separate act of adultery. concubinage is punished by up to 4 years and 2 months in prison.

 

in civil law matters, adultery and concubinage were grounds for the filing of a petition for legal separation. the family code [Art. 55 (8)] dropped these terms and instead substituted "sexual infidelity or perversion" as one of the grounds for legal separation.

[TeeUp]

paneros y paneras,

 

bago pa man ito dumating sa Korte Suprema, i'd like to know your thoughts on Pimentel and Rodriguez' assertion to the effect that the current bicameral canvassing committee, breathing life from the 12th congress that is no longer in session, is likewise under the constitution deemed inexistent and therefore the actions it shall undetake may be deemed ultra vires.

 

is this perhaps an inadequacy in the provisions of our charter? what do you think?

[LAKAY210]

just like to know how to ammend an entry in one's birth certificate when the month of the birthdate (february) was inadvertantly recorded as March. She used in all of her school records and stuffs the original date which is feb, (with an affidavit) Now that she is applying for a Passport, DFA does not accept affidavit, thus requiring her to ammend the detail in her birth certificate. Any info on this, please?

Well, yung affidavit na inexecute pwede ifile sa local civil registry to change entries in the birth certificate and register. May babayaran ka lang konti dyan.

[LAKAY210]

paneros y paneras,

 

bago pa man ito dumating sa Korte Suprema, i'd like to know your thoughts on Pimentel and Rodriguez' assertion to the effect that the current bicameral canvassing committee, breathing life from the 12th congress that is no longer in session, is likewise under the constitution deemed inexistent and therefore the actions it shall undetake may be deemed ultra vires.

 

is this perhaps an inadequacy in the provisions of our charter? what do you think?

Panero, I submit that the sine die adjournment of the Congress does not ipso facto make the joint committee canvassing inexistent. The Committee is the representative of the Congress in the canvassing of the votes. The Constitution provides that Congress shall promulgate its rules for the canvassing of certificates. Hence, the creation of the Committee acting as the canvasser for the President and Vice President is Constitutional and has its own personality separate and distinct from that of the Congress, its breath coming from the authority of the fundamental law.

 

No less than the Constitution (also) provides that the term of the President shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon on the same date six years thereafter . Hence, the canvassing is mandatory and should be given liberal interpretation when it comes to the power of the Congress thru the joint Committee to canvass the votes notwithstanding the former's adjournment.

 

The move of the opposition to question the authority of the Committee is a last ditch effort to delay the canvassing. If it is true that the present administration cheated in the election, then they should not derail the proceedings inorder for them to question any anomalous COCs before the Committee. The delaying tactics

can not help in their quest for the truth ( if this is really their objective).

 

Panero, our charter has loopholes. Kaya subject to judicial scrutiny palagi. Dapat sa mga ganitong situation, the Constitution should map out the details. Pero ang problema baka mas makapal pa sa Bible ang kalabasan. So, we as members of this noble profession should be vigilant. We must safeguard our freedom, our democracy, our rights, and our profession. JUSTICE for all! :cool:

[freelicker]

just like to know how to ammend an entry in one's birth certificate when the month of the birthdate (february) was inadvertantly recorded as March. She used in all of her school records and stuffs the original date which is feb, (with an affidavit) Now that she is applying for a Passport, DFA does not accept affidavit, thus requiring her to ammend the detail in her birth certificate. Any info on this, please?

This can be remedied by summary process through the local civil registrar. Ask her to apply with the local civil registrar for the correction of the records and have her bring supporting documents like her baptismal certificate. The civil registrar will most likely also ask for affidavits from three disinterested persons certifying the date of birth of the person.

[Roubaix]

problem is, its too much legalese, and im having a hard time understanding it. perhaps you or anyone can translate it to layman's terms?

 

thanks.

Ms. Ladydredd,

 

To put it in layman's terms, only the woman and the "lover" can be prosecuted for adultery. Also, they have to be prosecuted together. That means that the husband must file a criminal complaint implicating both of them. You can't charge the wife alone.

 

In the courts, adultery is a rare charge, for Metro Manila. In the provinces, it might be a different story.

 

Adultery as a crime is different from adultery as a moral issue. It is true, one "round" is an act. One saving act for the wife who has been caught and has a complaint filed against her is the "consent" or "forgiven" clause. If the husband has consented (yeah, right!) or forgiven the wife, the criminal complaint may fail.

 

An example of "forgiven" is perhaps the length of time between the act and the filing of the complaint. Or if the husband failed to act when he finds out about a second act, this is an example of consent.

 

Moral of the story: Love your husband or just don't get caught!

 

 

 

[ladydredd]

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

[freelicker]

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

Actually, the crime that applies to the males is concubinage but it is very difficult to get a conviction on the same unless the male is real dumb.

 

I agree to a certain extent that the law on adultery is stricter on the women than the men but this was because a woman will always be sure that the child she bore is hers, while a man can only hope that it is his. It's a question of trust (pardon the pun) that a man will give his name to a person that his wife/partner told him is his. Because of this situation, adultery have been set on a different standard than concubinage.

 

But the law is not always unfavorable to women. There are instances where the law favors the women than men. Particularly, the crimes of rape (which rarely applies to men) and seduction.

 

I might sound chauvenistic but its what I had learned.

[Roubaix]

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

It does seem unfair. But Freelicker is right. Maternity is alway certain but paternity is not.

 

You must also remember that the law on Adultery or the Revised Penal Code was drafted back in the 30's. Just think, it was enacted last century! You'd think that our lawmakers had enough time to revise the law.

 

But we must remember that the branch of government that make laws is male dominated and always slower than a snail on LSD.

 

In terms of evidence, technically, it is easier to lay the groundwork for concubinage. Email and SMS may now considered as evidence to prove that a husband has "kept" a woman.

 

For adultery, the husband has to prove the act of intercourse. For me, that is harder to prove.

[-=extreme=-]

anybody got the latest cracks or sn for avg professional anti virus?

 

the old one kinda expired eh...

 

thanks!

Here's the new key:

70-tf0tq1-p5-c21-s4g9j-fqt-4518

 

App:

http://download.grisoft.cz/softw/70/full/avg70f_245.exe

[vicaner]

dear counsels, I need a little help. I need to make an SPA like document. could someone send me a format for it? please e-mail me the format at neriv@ngha.med.sa, many thanks!

[cruiser007]

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

my fellow panyeros gave very precise insights into the differences between adultery and concubinage. In addition, adultery seems to be stricter on women because it is only the woman who can introduce a stranger into the legitimate family.

 

A married woman who commits adultery can introduce the child of her paramour into the legitimate household and said child shall bear the name of the legal husband. Whats more, the said child shall have all the rights and interests of a legitimate child, including the right to inherit. Imagine giving your fortune to the child of the man who screwed you!!! That is indeed a terrible deed which the law makers at the time saw fit to protect against.

 

On the other hand, a man who impregnates a woman outside of his legal marriage may never surreptitiously introduce that offspring into the legal household. Therein lies the difference. A man who has a child outside the confines of his marriage shall only have an illegitimate child, while a woman who bears a child of another may bring the child into the legal household.

[cruiser007]

Sirs,

Any advise kasi yung friend ko isasalang na sa witness stand, cya po ang complainant estafa case po, para maganda preparation at presentation.

In addition to the advice given previously, tell your friend to familiarize himself with the court. If possible, visit it before the scheduled hearing so he knows the feel of being in court. He should be confident when he aswers, there being no reason for him not to be. He must keep in mind that he knows more about the case than anyone else in the court room. The lawyers and the judge may know more about the law, but he certainly knows more about the facts. So keep to the facts and kep to the truth.

[Guest VG]

LAKAY210: tanong ko lng po, meron pa rin po bang mga atty. na pwedeng humawak ng isang case ng wla munang bayad, kunin na lng nya PF nya sa accused? I mean nasa settlement stage na po kasi. thanks po.

Edited June 14, 2004 by VG

[TeeUp]

dear counsels, I need a little help. I need to make an SPA like document. could someone send me a format for it? please e-mail me the format at neriv@ngha.med.sa, many thanks!

pareng vic,

 

i'll try to send you one

[bokam]

sir 7up,

 

Had a different experience wid our city civil registrar. I believe that the error (Birthdate from April to March) cannot be solved thru summary process. You have to file a petition in the Regional Trial Court for corerction of entry to have the month of birth changed. It cant be done summarily thru RA 9048. Its a judicial matter so your lawyer will know what to do.

 

However, maybe the civil registrar in your place might have a different opinion. So first try what freelicker and lakay210 said. Cant hurt to try.

[thunderboy123]

bokam and rhumbee, thanks more power!

[bokam]

ladydredd,

 

 

Don't have much to add because I totally agree with what freelicker, roubaix and cruiser007 said.

 

In the 1930's, women activists were none existent back then unlike today. More and more laws protecting and favoring womens rights are being passed. Maybe 10 years from now, the Revised Penal Code (where the crime of adultery is punished) will be amended or repealed by another law favorable to or at least given equal footing with the men.

 

The RPC may appear to be unfair to women but as far as practice (of law) goes, to prove that such criminal act was commited is a different matter.

[LAKAY210]

LAKAY210: tanong ko lng po, meron pa rin po bang mga atty. na pwedeng humawak ng isang case ng wla munang bayad, kunin na lng nya PF nya sa accused? I mean nasa settlement stage na po kasi. thanks po.

Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract.

 

Anong klaseng kaso ba yan? Nasa fiscal pa ba yan?