The irony of PH National ID not being recognized

It took over a decade for the National ID to pass muster against the critics who touted it being the biggest threat to a person's right to privacy from lawless elements to even the Government (or should I say those who will unlawfully use public office to dig into private information of individuals). Back then, …

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The Philippines has a Fake News law, well sort of…

Under Article 154[1] of the Revised Penal Code (RPC), the following is considered as a criminal offense: "Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest …

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Is it discrimination in the workplace if vaccine availability is not an issue?

I overheard a group of employees chatting over taking the vaccine. It appears that they had all taken the Covid-19 vaccine. Their supervisor was telling them that there will come a time that only the vaccinated would be preferred to go to work whenever a lockdown or quarantine restriction would be imposed. To that, the …

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Why prenuptial agreements are valued only by people who worked hard to gain wealth

Those who do not know the value of back-breaking hard work to gain wealth will never understand the importance of a prenuptial agreement. When I was a younger lawyer, I used to tell as much of my friends and relatives that they consider a prenuptial agreement before marrying. Not a single one took my advice. …

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Psychological incapacity as a legal concept, and not a medical condition

The case of Tan-Andal v. Andal (G.R. No. 196359, 11 May 2021) declares psychological incapacity under Article 36 of the Family Code as a legal concept, and not a medical condition. Accordingly, testimonies of psychologists or psychiatrists are no longer necessary. This a landmark case and a game changer for the following reasons. 1. Nullity …

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The Anti-Duel Law in the Philippines is still in effect

Perhaps once of the most archaic and least useful law in the Philippines (followed only by the Negotiable Instruments Law of 1911) is the anti-duel law under the Revised Penal Code (RPC). In law school, it is the usual butt of a joke by Criminal Law Professors asking the relevancy of such law in modern …

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Last will on a yellow pad paper, no signature, valid?

Months before the start of the 2020 pandemic, I was consulting on a peculiar case involving a handwritten last will and testament written on a yellow pad paper. While it was written by the testator, no signature appeared on the document. It was an interesting case. Philippine law via the Civil Code allows for two …

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Mother’s surname may be used by legitimate children, says Supreme Court

On the basis of Constitutional provisions on equality of women and men under the law, the Philippine Supreme Court in a recent landmark case expressly allowed a petitioner to use the surname of his mother even if he is born as a legitimate child. The petitioner initiated the case for change of first name from …

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Online wedding? Virtual marriage ceremony in the Philippines

When almost everything is forced online due to the pandemic, the age-old tradition of celebrating marriage is facing an update - i.e. a virtual marriage ceremony in the Philippines. Will it fly or is it dead on its track? What are the concerns? 1. That it is not aligned with religious practices of certain churches, …

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