Solo Parent Act of 2000 RA 8972 PPT

solo-parent-welfare-act-of-200-1210581546581233-9

Stupid Laws

Alabama - It is illegal to wear a fake mustache that causes laughter in church

Alaska - It is illegal for a moose to walk on the sidewalk downtown

Arizona - Hunting camels is prohibited.

Arkansas - It is illegal to mispronounce Arkansas while in Arkansas

California - Community leaders passed an ordinance that makes it illegal for anyone to try and stop a child from playfully jumping over puddles of water.

Colorado - It is illegal for a woman wearing a red dress to be out on the streets after 7 PM.

Connecticut- You are not allowed to walk across a street on your hands.

Delaware -Getting married on a dare is grounds for an annulment.

Florida - Women may be fined for falling asleep under a hair dryer, as can the salon owner.

Georgia - Members of the state assembly cannot be ticketed for speeding while the state assembly is in session.

Hawaii - In Hawaii you will be fined if you do not own a boat

Idaho - Riding a merry-go-round on Sundays is considered a crime.

Illinois - It is illegal for anyone to give lighted cigars to dogs, cats, and other domesticated animal kept as pets.

Indiana - Bathing is prohibited during the winter.

Iowa - Kisses may last for as much as, but no more than, five minutes.

Kansas - It is illegal to put ice cream on cherry pie in Kansas.

Kentucky- By law, anyone who has been drinking is "sober" until he or she "cannot hold onto the ground."

Louisiana- Biting someone with your natural teeth is "simple assault," while biting someone with your false teeth is "aggravated assault."

Maine - You may not step out of a plane in flight.

Maryland -You cannot swear while inside the city limits of Baltimore.

Massachusetts- You may not, at any time take a crap on your neighbor.

Michigan - It is legal for the blind to hunt, and they don't need anyone with them.

Minnesota- It is illegal to walk across the Minnesota-Wisconsin border with a duck on your head.

Mississippi- A man may not seduce a woman by lying, and claiming he will marry her

Missouri - Single men between the ages of twenty-one and fifty must pay an annual tax of one dollar (enacted 1820).

Montana - It is illegal to have a sheep in the cab of your truck without a chaperon.

Nebraska - A parent can be arrested if his child cannot hold back a burp during a church service

Nevada -It's still "legal" to hang someone for shooting your dog on your property.

New Hampshire - One must not collect seaweed

New Jersey - It is illegal to wear a bulletproof vest while committing a murder

New Mexico - Females are strictly forbidden to appear unshaven in public

New York - A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking "at a woman in that way." A second conviction for a crime of this magnitude calls for the violating male to be forced to wear a "pair of horse-blinders" wherever and whenever he goes outside for a stroll.

North Carolina - Elephants may not be used to plough cotton fields.

North Dakota - Beer & pretzels can't be served at the same time in any bar or restaurant.

Ohio - Women are prohibited from wearing patent leather shoes in public.

Oklahoma - Violators can be fined, arrested or jailed for making ugly faces at a dog.

Oregon - You may not bathe without wearing "suitable clothing," i.e. that which covers one's body from neck to knee

Pennsylvania- A special cleaning ordinance bans housewives from hiding dirt and dust under a rug in a dwelling.

Rhode Island- Any marriage where either of the parties is an idiot or lunatic is null and void.

South Carolina - Horses may not be kept in bathtubs

South Dakota - If there are more than 5 Native Americans on your property you may shoot them.

Tennessee- You can't shoot any game other that whales from a moving automobile

Texas - It is illegal to take more that three sips of beer while standing

Utah- A husband is responsible for every criminal act committed by his wife while she is in his presence.

Vermont - Lawmakers made it obligatory for everybody to take at least one bath each week -- on Saturday night.

Virginia - There is a state law prohibiting "corrupt practices of bribery by any person other than candidates."

Washington - A law to reduce crime states: "It is mandatory for a motorist with criminal intentions to stop at the city limits and telephone the chief of police as he is entering the town".

West Virginia- No children may attend school with their breath smelling of "wild onions".

Wisconsin - Unless a customer orders it specifically, it's against the law to serve margarine instead of butter at a restaurant (the dairy state)

Wyoming - It is illegal for women to stand within five feet of a bar while drinking.

Source: bitoffun.com 

Philippine Family Code -- FAQ

Philippine Family Code -- FAQ

Plan to revise RPC

Do you know that the Revised Penal Code which is the basis of our criminal justice system was originally the Spanish Criminal Code?

Analeto Diaz, a former Supreme Court Justice began the revision of the old Spanish criminal code in 1927. The final draft was the basis of Act. No. 3715 this was passed by Philippine Legislature and approved by then United States President Herbert Hoover on December 8, 1930. And came into effect on January 1, 1932.

Today, Secretary Leila De Lima is planning to revise the RPC. The panel is named Criminal Code Commission (CCC), the tasked is to study the RPC and suggest revisions to make it more comprehensive and attuned to modern times.

The team of experts will be formed from the different agencies of the government, private individuals and known scholars of law. The final draft will then be presented to congress for passage of the law revising the code.

SYLLABUS FOR 2011 BAR EXAMINATIONS

SYLLABUS FOR 2011 BAR EXAMINATIONS

(RH BILL AWARENESS) 500,000 ILLEGAL ABORTIONS YEARLY IN PHILIPPINES

15th Congress – House Bill 4244 ( RH Bill)

Consolidated RH Bill: HB 4244

News to Go - Howie Severino interviews BIR Commissioner Kim-Jacinto Hena...

Reporter's Notebook - Ang Palasyo

B.M. No. 2265

EN BANC 

B.M. No. 2265 

RE: REFORMS IN THE 2011 BAR EXAMINATIONS 

Preliminary Statement 

The Court has found merit in the proposed changes in the conduct of 

the bar examinations that the Chairperson of the 2011 Bar Examinations and 

Philippine Association of Law Schools recommended.   

One recommendation concerns the description of the coverage of the 

annual bar examinations that in the past consisted merely of naming the laws 

that each subject covered.  This description has been regarded as too general 

and provides no specific understanding  of the entry-level legal knowledge 

required of beginning law practitioners. 

A second recommendation addresses the predominantly essay-type of 

bar examinations that the Court conducts.  Because of the enormous growth 

of laws, doctrines, principles, and precedents, it has been noted that such 

examinations are unable to hit a significant cross-section of the subject 

matter.  Further, the huge number of candidates taking the examinations 

annually and the limited time available for correcting the answers make fair 

correction of purely essay-type examinations difficult to attain.  Besides, the 

use of multiple choice questions, properly and carefully constructed, is a 

method of choice for qualifying professionals all over the world because of 

its proven reliability and facility of correction.  

A third recommendation opts for maintaining the essay-type 

examinations but dedicating these to the assessment of the requisite 

communication skills, creativity, and fine intellect that bar candidates need 

for the practice of law.   

Approved Changes 

The Court has previously approved in principle the above 

recommended changes.  It now resolves to approve the following rules that 

shall govern the future conduct of the bar examinations: 

1. The coverage of the bar examinations shall be drawn up by 

topics and sub-topics rather than by just stating the covered laws.  The test 

for including a topic or sub-topic in the coverage of the examinations is 

whether it covers laws, doctrines, principles and rulings that a new lawyer B.M. No. 2265   2

needs to know to begin a reasonably  prudent and competent law practice.  

The coverage shall be approved by the Chairperson of the Bar Examination 

in consultation with the academe, subject to annual review and re-approval 

by subsequent Chairpersons.  

2. The bar examinations shall measure the candidate’s knowledge 

of the law and its applications through multiple-choice-questions (MCQs) 

that are to be so constructed as to specifically: 

2.1. Measure the candidate’s knowledge of and ability 

to recall the laws, doctrines, and principles that every new 

lawyer needs in his practice;  

2.2. Assess the candidate’s understanding of the 

meaning and significance of those same laws, doctrines, and 

principles as they apply to specific situations; and  

2.3. Measure his ability to analyze legal problems, 

apply the correct law or principle to such problems, and provide 

solutions to them.  

   

3. The results of the MCQ examinations shall, if feasible, be 

corrected electronically. 

4. The results of the MCQ examinations in each bar subject shall 

be given the following weights: 

Political Law   -- 15% 

Labor Law   -- 10% 

Civil Law   -- 15% 

Taxation   -- 10% 

Mercantile Law  -- 15% 

Criminal Law  -- 10% 

Remedial Law  -- 20% 

Legal Ethics/Forms  --   5% 

   

5.  Part of the bar examinations shall be of the essay-type, dedicated to 

measuring the candidate’s skills in  writing in English, sorting out the 

relevant facts in a legal dispute, identifying the issue or issues involved, 

organizing his thoughts, constructing his arguments, and persuading his 

readers to his point of view.  The essays will not be bar subject specific. 

5.1. One such essay examination shall require the 

candidate to prepare a trial memorandum or a decision based on 

a documented legal dispute.  (60% of essays) 

5.2 Another essay shall require him to prepare a 

written opinion sought by a client concerning a potential legal 

dispute facing him.  (40% of essays)   B.M. No. 2265   3

6. The essays shall not be graded for technically right or wrong 

answers, but for the quality of the candidate’s legal advocacy.  The passing 

standard for correction shall be work  expected of a beginning practitioner, 

not a seasoned lawyer.  

7. The examiners in all eight  bar subjects shall, apart from 

preparing the MCQs for their respective subjects, be divided into two panels 

of four members each.  One panel will grade the memorandum or decision 

essay while the other will grade the legal opinion essay.  Each member shall 

read and grade the examination answer of a bar candidate independently of 

the other members in his panel.  The  final grade of a candidate for each 

essay shall be the average of the grades given by the four members of the 

panel for that essay. 

8. The results of the a) MCQ and b) essay-type examinations shall 

be given weights of 60% and 40%, respectively, in the computation of the 

candidate’s final grade.   

9. For want of historical data  needed for computing the passing 

grade in MCQ kind of examinations, the Chairperson of the 2011 Bar 

Examinations shall, with the assistance of experts in computing MCQ 

examination grades, recommend to the Court the appropriate conversion 

table or standard that it might adopt for arriving at a reasonable passing 

grade for MCQs in bar examinations.     

10. In the interest of establishing needed data, the answers of all 

candidates in the essay-type examinations in the year 2011 shall be corrected 

irrespective of the results of their MCQ examinations, which are sooner 

known because they are electronically corrected.  In future bar examinations, 

however, the Bar Chairperson shall recommend to the Court the 

disqualification of those whose grades in the MCQ are so low that it would 

serve no useful purpose to correct their answers in the essay-type 

examinations. 

11. Using the data and experience obtained from the 2011 Bar 

Examinations, future Chairpersons of Bar Examination are directed to study 

the feasibility of: 

11.1. Holding in the interest of convenience and 

economy bar examinations simultaneously in Luzon, the 

Visayas, and Mindanao; and 

11.2. Allowing those who pass the MCQ examinations 

but fail the essay-type examinations to take removal 

examinations in the immediately following year. B.M. No. 2265   4

12. All existing rules, regulations, and instructions that are 

inconsistent with the above are repealed. 

This Bar Matter shall take effect immediately, and shall be published 

in two newspapers of general circulation in the Philippines. 

January 18, 2011.   Source: Sc.gov.ph

How to Spot a Drug Mule (Investigation Discovery)

How to Spot a Drug Mule
When illegally carrying drugs from one country to another, the last thing one wants to do is stand out.  Here are eight signs that may tip authorities off to a drug mule masquerading in their presence.  The drug mule may…


1. Wear inappropriate clothes for the flight’s time of day.
The drug mule may be dressed in casual or colorful clothes, while the vast majority of the people on the 3 p.m. flight are dressed for business.  


2. Have little or no luggage for a supposed “vacation” or long visit.
How are you going to sun in Bali with nothing more than a satchel?


3. Take frequent trips to the bathroom, airport gift shops and phone banks.
The drug mule may be trying to kill time before meeting up with her handler, or may be uncomfortable and antsy from the large quantity of drugs she swallowed.


4. Act nervous, shifty-eyed or sweat profusely.
The usual stuff you would expect from someone carrying around pounds of illegal drugs in their body, bags or clothing.


5. Abstain from eating plane food on a long trip.
The drug mule carrying around drugs in her stomach can’t ingest any food for fear of excreting the goods too early.


6. Pay with cash for a plane ticket from a roll of bills.
This is unlikely behavior for the average traveler.


7. Travel with luggage that has no tags or very little information.
Vague ownership and unclear tags may be a sign that the traveler is not carrying her own bag or was supplied with a limited amount of information.


8. Get off the plane first or last.
The drug mule may be eager to get off before everyone else, or equally as eager to stay behind to avoid attention. Source: (Investigation.Discovery.com)

Bail (A Law Each Day)

This is based on the “A Law Each Day” by Jose Sison of The Philippine Star.

The Facts are as follows:

       

A criminal complaint was filed by a minor against the vice mayor of their town. Upon finding probable cause against the vice mayor for two counts of violation of Section 5(b) Article III of RA 7610 or the Special Protection of Children against Abuse, Exploitation and Discrimination Act”, the MTC judge forwarded the case to the Office of Provincial Prosecutor.

On September 27, 2004, the assistant provincial prosecutor issued a resolution on review recommending the filing of two separate Informations for violation of said RA 7610 against the vice mayor and cancellation of bail bond set by the MTC judge because the offense is punishable with reclusion perpetua when committed by public officer.

The vice mayor went to hiding and the warrant of arrest was not served.

The RTC judge was reassigned to another district, upon replacement of another judge, the vice mayor voluntarily surrender. He immediately filed an urgent ex parte motion for the grant of bail. On the same day the new judge, granted the motion and ordered the release of the vice mayor.

The minor moved to reconsider the motion but before considering the merits of the motion, the judge ordered the vice mayor to file a comment or opposition within ten days.

The minor’s father filed an administrative case against the new judge because of the differing treatment of the minor and the vice mayor.

The judge contended that crime charged is a bailable offense and when bail is a matter of right no hearing is required.

Is the judge correct?

No, the judge should decide whether the evidence of guilt is strong based on the summary evidence submitted. If the guilt is strong, the judge may discharge the accused upon approval of the bail bond. Moreover the Rues of Court, notice and hearing are required whether the bail is a matter of right and discretion. The hearing is required to determine the weight of the evidence and the amount of the bail bond.

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First Philippine born Senator in Guam

Shirley Abaniles Mabini, not a descendant of Apolinario Mabini, but he was her inspiration in life. She is the First Philippine born Senator in Guam.

It was a hard life for her, her mother earns a living by washing used bottles and her father as a carpenter. They moved to Guam where her mother plant vegetables at the backyard, her father as a carpenter and she was tasked to collect sea shells and small crabs for them to have meal everyday.

She earned two scholarships upon graduating high school in University of Guam and San Francisco. Now she has master’s decree and Doctoral in Work, Community, and Family Education at the University of Minnesota.

In 2007, she and her friends started a Filipino language FM program in Guam named as a “Damdaming Pinoy” that discussed Filipino sentiments, from education to business and served as a connection of the OFW in Hawaii and US.

She worked as a professor of education and business. She was also appointed as acting director of public library system and as a general manager of television network PBS Guam.

When she ran for office, Mabini said she was never after the prestige and never considered politics as a career, but as “access to the right people who could make a difference.”

Rape

The Anti-Rape Law of 1997 (RA 8353)

Elements: Rape is committed:

1. By a man who have carnal knowledge of a woman under any of the following circumstances:        
a. through force, threat or intimidation        
b. when the offended party is deprived of reason or otherwise unconscious        
c. by means of fraudulent machination or grave abuse of authority        
d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in par 1 hereof,    shall commit an act of sexual assault by inserting:        
a. his penis into another person’s mouth or anal orifice, or        
b. any instrument or object, into the genital or anal orifice of another person.

        In 2001, Victor Pearson an American veteran was arrested for 87 counts of rape in Bacolod City, Negros Occidental. Allegedly he raped 8 women including minors who were at the age of 13-16 at that time.  He is a decorated Vietnam War veteran who has settled in the Philippines. He is said to have converted to Islam in 1980 and married 6 times, and was divorced twice. He served his sentence in Bacolod Provincial Jail before he was transferred to National Penitentiary to serve his remaining sentence of 80 years imprisonment because the Supreme Court upheld the lower court’s decision of convicting him on two counts of rape. Few of these women cling on him because of support. Some of them even said that it is good that they married an American because he is responsible. 

      His story is recently featured in a documentary named “Kano: an American and his harem” made by Coreen Jimenez after studying his story for an investigative magazine. This documentary won several awards including IDFA or International Documentary Film festival Amsterdam for first appearance.

Kidnap victim: Lao

Kenn Klefford Lao –(Jolo, Sulu) is a 21 years old Commerce student of Notre Dame of Jolo College and a son of a prominent physician in the town of Jolo. Two months before he was kidnapped by some people in the area. They said that the abductors are members of the notorious Abu Sayyaf Group or (ASG), but there is no link yet as to the identity of the abductors. 

During the kidnapping, he said he was going to meet his textmate, but few hours past and he was nowhere to be found. The driver said that he searched for the boy in the area but wasn’t able to see him. In the evening a mysterious caller said that he had the boy and asked for a ransom for the boy to be released.

At 8:45 pm on Wednesday, the boy was rescued from his abductors near the boundary of Indanan and Patikul in Sulu after two months in captivity. PNP chief said that they went on a mission at 7:30 pm upon receiving the report of a concerned citizen.

Good thing that the boy was rescued, after multiple cases of kidnapping in the town, people are afraid even to step in to the town of Jolo. The connotation is that many Abu Sayyaf members in the town and once there, one may be kidnapped.

I grew up in Jolo, it was when I am in college that I went to a near by city to study. I can still remember Jolo, many crimes were not solved. People are afraid, even the policemen are even afraid to catch criminals because of the possibility of retaliation to their own families. What more if you are a witness, you will just make your life short if you will talk.

I am glad that this town is improving. Hope their will be more people who can the change the image of this town. I salute those policemen who rescued the kidnap victim. You all did a great job.  

Maguindanao Massacre

The Maguindanao massacre, also known as the Ampatuan massacre (after the townwhere the mass graves were found), occurred on the morning of November 23, 2009, in the town of Ampatuan in Maguindanao province, on the island of Mindanao in the Philippines. While the victims were on their way to file a certificate of candidacy for Esmael Mangudadatu, vice mayor of Buluan town, they were kidnapped and brutally killed. Mangundadatu was challenging Datu Unsay mayor Andal Ampatuan, Jr., son of the incumbent Maguindanao governor Andal Ampatuan, Sr., in the forthcoming Maguindanao gubernatorial election, part of the national elections in 2010. The 58 people killed included Mangudadatu's wife, his two sisters, journalists, lawyers, aides, and motorists who were witnesses or were mistakenly identified as part of the convoy.


The Committee to Protect Journalists (CPJ) has called the Maguindanao massacre the single deadliest event for journalists in history. At least 34 journalists are known to have died in the massacre. In a statement, CPJ executive director Joel Simon noted that the killings, "appears to be single deadliest event for the press since 1992, when CPJ began keeping detailed records on journalist deaths."] The CPJ further noted that, "Even as we tally the dead in this horrific massacre, our initial research indicates that this is the deadliest single attack on the press ever documented by CPJ." Even before the Maguindanao massacre, the CPJ had labeled the Philippines the second most dangerous country for journalists, second only to Iraq. source: wiki.com




Textbook on the new Philippine Constitution
Textbook pn The Philippine Constitution 2002 edition
The law on obligations and contracts
Comments and cases on obligations and contracts: Y Hector S. De Leon
The law on partnerships and private corporations

What is Sharia?

Sharia (in Arabic "way" or "path") is connected to the religion of Islam. Most Muslims believe Sharia is derived from two primary sources of Islamic law; namely, the divine revelations set forth in the Qur'an, and the sayings and example set by the Islamic Prophet Muhammad in the Sunnah. Fiqh("jurisprudence") interprets and extends the application of Sharia to questions not directly addressed in the primary sources by including secondary sources. These secondary sources usually include the consensus of the religious scholars embodied in ijma, and analogy from the Qur'an and Sunnah through qiyas. Shia jurists replace qiyas analogy with 'aql, or "reason". 


All Muslims believe Sharia is God's law, but differ as to what exactly it entails. Modernists, traditionalists and fundamentalists all hold different views of Sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries and cultures have varying interpretations of Sharia as well. 


Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexuality, hygiene, diet, prayer, and fasting. Where it enjoys official status, Sharia is applied by Islamic judges, or qadis. The imam has varying responsibilities depending on the interpretation of Sharia; while the term is commonly used to refer to the leader of communal prayers, the imam may also be a scholar, religious leader, or political leader. 


The introduction (or in some cases, reintroduction) of Sharia is a longstanding goal for Islamist movements in Muslim countries. Some Muslim minorities in Asia (e.g. in India) have attained institutional recognition of Sharia to adjudicate their personal and community affairs. In western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes, with varying degrees of success (e.g. Britain's Muslim Arbitration Tribunal). Attempts to impose Sharia have been accompanied by controversy, violence, and even warfare (Second Sudanese Civil War). source:wiki.com

Good to know Legal Maxims

Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep. 

Verbatim - Word by word, exactly.

Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory. 

Stare decisis - To stand by decisions (precedents).

Salus populi est suprema lex - The welfare of the people is the supreme law.

Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden. 

Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober. 

Prima facie - On the face of it.

Partus sequitur ventrem - The offspring follows the mother.

Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence. 

Mala in se - Bad in themselves.

Mala prohibita - Crimes prohibited. 

Lex prospicit not respicit - The law looks forwared, not backward.

Ipso facto - By that very fact. 

Inter alia - Amongst other things.

In personam - Against the person.

In omnibus - In every respect.

In delicto - At fault.

Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.

De jure - Rightful, by right. 

De facto - In fact.

Bona fide - Sincere, in good faith

Ad hoc - For this purpose.

Ab initio - From the beginning.

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