legal Free Legal Advice

[jopoc]

Does anybody in this thread know the citation of the disbarment case re: Ericta case.. Paki provide naman pls.. Thanks a lot.

 

 

if its a new one. you might wanna search it sa SC website

[rick9plus]

The marriage is legal. I am assuming that the "reverend" is duly authorized by his religious sect to solemnize marriage hence under the Family Code, he would have authority to solemnize marriage (see Art. 7[2] of the Family Code), thus even if he wasn't a judge, the marriage would still be valid.

 

In fact, even assuming that he had no authority to perform marriages, since your friend thought the guy who performed the marriage was authorized to do so, the marriage would still be valid, as provided for by Article 35(2) of the Family Code.

 

Art. 35. The following marriages shall be void from the beginning:

(2) Those solemnized by any person not legally authorized to perform marriages UNLESS SUCH MARRIAGES WERE CONTRACTED WITH EITHER OR BOTH PARTIES BELIEVING IN GOOD FAITH THAT THE SOLEMNIZING OFFICER HAD THE LEGAL AUTHORITY TO DO SO;

 

 

Thanks for the info. I really need to help my friend because all her friends were telling her that her marriage is fake due to the reverend thinggy.

 

But after reading further, some threads mentioned about lack of license. She mentioned not seeing/issued any licenses. She also says that their marriage contract shows that her husbands address was not his address and they put San Juan instead and the venue of the ceremony was says in groom's house instead of Manila City Hall. She went to NSO to verify and got a no record so she went to Manila cityhall and the registry told her that her record was sent to NSO and will be available next month.

 

Is this kind of marriage void? Even if it goes to NSO?

 

 

 

 

 

:mtc:

Edited February 27, 2007 by rick9plus

[Dr_PepPeR]

if its a new one. you might wanna search it sa SC website

 

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

[charmed shannen]

if its a new one. you might wanna search it sa SC website

 

it's an old case po. If it is, i could have done that sir.. thanks

[fernando_poh]

bro, ano marecommend mo na magandang antivirus at anti spyware? thanks

 

try mo downlud home edition sa www.avast.com, it works for me

[jopoc]

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

 

 

it's an old case po. If it is, i could have done that sir.. thanks

 

 

i see, allow me until tom and i will try to get hold of a soft copy of the case.

 

absent ata ako nung diniscuss yun. hehehehe

[charmed shannen]

i see, allow me until tom and i will try to get hold of a soft copy of the case.

 

absent ata ako nung diniscuss yun. hehehehe

 

 

Thank you Master Jopoc.. Nag reresearch din naman ako sa iba. Para di nakakahiya sa iyo :flowers:

[fauxhead]

I don't know if there was a disbarment case that arose out of the 1982 bar scandal. What I remember is that 12 of the 14 sitting SC justices resigned because of that, including the SC chief.

 

I don't know if this would help, but in 1972,an administrative case (not disbarment though) was filed against then Judge Vicente Ericta. Please follow the link.

 

http://www.asianlii.org/ph/cases/PHSC/1972/172.html

 

Thank you Master Jopoc.. Nag reresearch din naman ako sa iba. Para di nakakahiya sa iyo :flowers:

[charmed shannen]

I don't know if there was a disbarment case that arose out of the 1982 bar scandal. What I remember is that 12 of the 14 sitting SC justices resigned because of that, including the SC chief.

 

I don't know if this would help, but in 1972,an administrative case (not disbarment though) was filed against then Judge Vicente Ericta. Please follow the link.

 

http://www.asianlii.org/ph/cases/PHSC/1972/172.html

 

 

Good morning Sir Fauxhead. Thanks for being ever so nice. Dr. Pepper's recollection of the case is what i need.

But i owe you one (or two) for being always helpful. Pdalan kita ng 1 kilo of butung pakwan which you must consume in an hour. Thanks. thanks

[charmed shannen]

Master if I remember right, this is an old case arising out of the 1982 BAR controversy when then Justice Vicente Ericta was reported to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar, raising suspicion he exerted pressure on the chairman.

 

 

Sana you can recall the citation din Sir. Thanks for the info. Also sa input mo sa previous post ko. Thanks. thanks

[diver_703]

if i wanna adopt a child, can i put my name on the child's birth cert... what to do... how much...

[starkiller_blaster]

hi to all... just want to ask for an advice regarding law school.. im a student trying my luck into a law school... just want to ask for tips and guides on how to pass law school entrance exam and if luck is on my side also tips and guides for the interview... hope you guys can help me... thanks a lot... hope you guys will be my compadres years from now...

[rocco69]

Thanks for the info. I really need to help my friend because all her friends were telling her that her marriage is fake due to the reverend thinggy.

 

But after reading further, some threads mentioned about lack of license. She mentioned not seeing/issued any licenses. She also says that their marriage contract shows that her husbands address was not his address and they put San Juan instead and the venue of the ceremony was says in groom's house instead of Manila City Hall. She went to NSO to verify and got a no record so she went to Manila cityhall and the registry told her that her record was sent to NSO and will be available next month.

 

Is this kind of marriage void? Even if it goes to NSO?

:mtc:

 

Pag nakakuha na siya ng kopya ng certificate of marriage mula sa NSO, tingnan nya kung anong marriage license number ang nakalagay dun at kung anong Civil Registrar's Office ang nag-issue. Papuntahan mo sa kanya ang Civil Registrar's office na yun at magtanong siya dun kung nag-eexist ba ang license na yun at kung kanino naka-issue. Kung walang ganung license o di sa kanilang pangalan (bride and groom) naka-issue, YARI SIYA! Walang bisa ang kasal. Pero kung meron naman at nasa pangalan nilang dalawa, OK, valid ang kasal.

[rocco69]

Sana you can recall the citation din Sir. Thanks for the info. Also sa input mo sa previous post ko. Thanks. thanks

 

It seems that no case was actually resolved by the Supreme Court (given that 12 out of 14 justices resigned because of the controversy). Anyway, what I got off the web is the following from the NY Times archives:

 

AROUND THE WORLD

SPECIAL TO THE NEW YORK TIMES

Published: April 20, 1982

A major crisis developed today among members of the Philippine Supreme Court as a result of the upgraded bar examination of the son of one of the justices.

 

Chief Justice Enrique Fernando held a news conference in his office ''to disclose all the facts.'' He acknowledged responsibility for authorizing the revision of the grading of one examimation, thus benefiting the son of a court member, Justice Vicente Ericta.

 

Mr. Fernando said that his action was motivated by a desire to help the son of a colleague.

 

 

AROUND THE WORLD; 12 Philippine Justices Resign in Scandal

AP

Published: May 7, 1982

 

Twelve of the Supreme Court's 14 justices submitted their resignations today after repeated allegations that the court fixed the bar-examination score of a member's son so that he would pass.

 

President Ferdinand E. Marcos asked the justices to appear before him on Friday but did not say whether he would accept the resignations. Mr. Marcos appointed the judges.

 

Those resigning included Chief Justice Enrique Fernando, who wept at a news conference last month as he accepted responsibility for rechecking and changing the exam score of Gustavo Ericta, son of a fellow justice, Vicente Ericta.

 

Resignations came from all court members except two justices who have been abroad and untouched by the scandal. Lawyers and angry citizens had demanded that at least the justices involved resign or face impeachment.

 

 

AROUND THE WORLD; Scandal Has Emptied Philippine High Court

UPI

Published: May 11, 1982

 

President Ferdinand E. Marcos, in an effort to restore what he called the ''prestige, integrity and good name'' of the Philippines Supreme Court, accepted the resignation of all 14 justices today.

 

The resignations, including that of Chief Justice Enrique Fernando, followed allegations that the bar examination results of Justice Vicente Ericta's son were changed in his favor last month.

 

The high court determines the passing score for the nation's bar exam. President Marcos received the mass resignation offer Thursday, but spent three days meeting with retired justices and others in the legal profession before making a decision.

 

In a letter to Chief Justice Fernando, President Marcos said he would accept the resignations of all 14 members ''in order to create a new court, without the burden of the tarnished prestige of the present Supreme Court.''

 

 

However, a CURSORY check with the Memorabilia Room section of the Supreme Court website shows that the only justices whose tenure ended on May 11, 1982 are J. Vicente Ericta and Ramon Fernandez. It would thus appear that only two justices were actually affected by the scandal. I surmise that Ramon Fernandez was the Chairman of the bar examinations and was the one approached by Ericta.

 

Note that in a decision dated April 30, 1982 (G.R. No. L-29007, Association of Rice & Corn Producers v. Nat'l. Land Reform Council) the justices then incumbent were:

 

Fernando (Chief Justice - not listed in the decision), Teehankee, Aquino, Fernandez, Guerrero, De Castro, Melencio-Herrera, Ericta, Plana, Escolin, Barredo, Makasiar, Concepcion Jr. (on leave) and Abad Santos (on official leave). It would thus seem that it was Concepcion and Abad Santos who were abroad when the scandal broke out and who did not have to resign from the Court.

 

Incidentally, in the Supreme Court law list, it appears that Gustavo Ericta was admitted to the practice of law on Dec. 21, 1982

[rocco69]

if i wanna adopt a child, can i put my name on the child's birth cert... what to do... how much...

 

Firstly, the only LEGAL adoption is an adoption granted by the Courts. In other words, the only kind of adoption that will be recognized and given effect by the law is one where you file a petition in Court to be allowed to adopt a child. The usual practice of just getting a child, and then going to the Civil Registrar and registering the child and indicating in the birth certificate of the child that the parent is the person who is presently in custody of the child is not only without effect in law, it is a crime punishable by law.

 

One of the effects of a Court-approved adoption is that the adopted child will have to use the surname of the adopter. In fact, in the petition for adoption, the prospective adopter now has the option of changing the first name of the child, i.e. if the child is already registered with the Civil Registrar, the adopter can also ask in the adoption proceedings that the name of the child be changed to the name that he wants the child to have (ex. from PHILIP to JAMES).

 

What to do: You have to see and hire a lawyer. There are requirements set down by law (RA 8552) to become a qualified adopter. A lawyer will be the best person to discuss these qualifications, as well as the procedure (trial custody, case study of the social worker, etc.).

 

How much.. depends on the lawyer