Free Legal Advice

[angel_cry]

Anybody who would like to avail of a free legal advice? All information will be treated as highly confidential. We can help you lessen your burden on legal issues you're currently involved with. Advices are properly studied and researched. Just PM me and i will give you my email address. We will only entertain problems sent through email. Please do state all the relevant information for you to get the best advice you need. This is free and intended in Good Faith. Our advocacy is to help people know their rights as individual and share our legal knowledge with everybody without money involved.

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[angel_cry]

thank you sa lahat ng ngPM. We will surely help you with what we promised.

angel_cry

[amilopro]

do you offer advice for prospective law students?

[angel_cry]

amilopro...sure..no problem.

from the simplest issues to the most complicated ones, we will always try our best to give you the information you need.

angel_cry

[angel_cry]

Let me share one interesting issue on marriage.

Somebody asked me, “What if no marriage certificate exist or cannot be found in the local civil registrar where the marriage was celebrated, is the marriage still valid?”

YES. Take note, the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present at the time of the celebration of marriage. Marriage certificate is not an essential or formal requisite of marriage that without which the marriage is void. Therefore, an oral marriage is valid and existing and failure on the part of the party (husband or wife) to sign the marriage certificate or the omission of the solemnizing officer (priest, judge etc.) to send a copy of the marriage certificate to the proper local civil registrar will not render the marriage void.


Note: Identity and information of the person(s) seeking advice will be respected.

[angel_cry]

To everyone,

thank you for trusting us.

angel_cry

[fahrenheit30]

wow, mabuti may mga taong katulad nyo na handang tumulong ng walang kapalit. godbless!

[angel_cry]

BTW, if you're not satisfied with the advice or needs to add more information and queries, please do email the same by replying to our last email so we can keep track of the original issue(s).

angel_cry

[angel_cry]

We will entertain all kinds of legal issues even concerning land titles, adoptions, etc.

Again, thank you.

angel_cry

[rickym]

for the married couples.

can men actually get sued criminally even if caught with one case of infidelity? before i heard that they could only be caught for concubinage, but i heard that nowadays there is this r.a. that states you can go to jail if you cause a female problems due to infidelity or 'torture'.

[angel_cry]

rickym,

Concubinage under Art. 334 of the Revised Penal Code applies only to a 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.

Now, you have to familiarize or at least be aware of RA No. 9262 or AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN.

Under this new law, specifically Sec. 5 thereof enumerates crime of violence against women and their children through any of the following acts:
a. Causing physical harm to the woman or her child;
b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
1. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
1. Stalking or following the woman or her child in public or private places;
2. Peering in the window or lingering outside the residence of the woman or her child;
3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4. Destroying the property and personal belongingness or inflicting harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

Take note that the law does not only refers to Physical or Sexual violence but also includes Psychological violence like intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity (or which you referred as torture) and Economic abuse like preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined by law.

The perpetrator (Husband, father, live-in partner etc.) if found guilty shall suffer the penalty of imprisonment and a fine of not less than 100K but not more than 300K.

The difference now between concubinage and RA 9262 is that the former only applies to the husband while the latter applies to any other guys who committed any of the acts mentioned above.

angel_cry

[csmary]

Let me share one interesting issue on marriage.

Somebody asked me, “What if no marriage certificate exist or cannot be found in the local civil registrar where the marriage was celebrated, is the marriage still valid?”

YES. Take note, the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present at the time of the celebration of marriage. Marriage certificate is not an essential or formal requisite of marriage that without which the marriage is void. Therefore, an oral marriage is valid and existing and failure on the part of the party (husband or wife) to sign the marriage certificate or the omission of the solemnizing officer (priest, judge etc.) to send a copy of the marriage certificate to the proper local civil registrar will not render the marriage void.


Note: Identity and information of the person(s) seeking advice will be respected.

First off giving free advice is commendable and appreciated. So thanks.

Without any legal docs nor any records of marriage, what are ALL the requisites to make a marriage valid in the eyes of the law?

And how can an oral marriage be proven in the court of law ?

[F-A Soldier]

Legal advice: Make sure you got tons of money and you'll always get a Not Guilty verdict.

[rickym]

exactly what is the 'age of consent' is it 12 or 18? some say it's 12 since statutory rape is below 12, some say its 18 because females under 18 are considered minors.

[angel_cry]

Without any legal docs nor any records of marriage, what are ALL the requisites to make a marriage valid in the eyes of the law?

Articles 2 and 3 of the Family Code of the Philippines mention the formal and essential requisites of a valid marriage, i.e.,

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (meaning there is no force or intimidation on either of the contracting parties)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer; (Note: Not all priest can solemnize a marriage).

(2) A valid marriage license except in the cases provided by law; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.




And how can an oral marriage be proven in the court of law ?

The witnesses may prove that during such date a marriage was celebrated between the parties (husband or wife).


angel_cry

[angel_cry]

exactly what is the 'age of consent' is it 12 or 18? some say it's 12 since statutory rape is below 12, some say its 18 because females under 18 are considered minors.

“Age of consent” for a crime of statutory rape is different from “age of consent” when we are talking about marriage.

In marriage, consent or parental consent is an additional requirement to get a valid marriage license. It is required to those who are below 21 years old. Meaning, the contracting parties are between 18-20 years old. Take note that under our present Family Code, the age of majority is 18. Therefore, only those who are 18 years old and above can enter into a valid marriage. Don’t be confused if your parents were married at the age of 16 because before the effectivity of the Family Code on August 3, 1988, the age of majority then was only 16.

Now, going back to statutory rape.

Rape may be classified into (a)simple, (b)qualified or (c)statutory. When it is committed with the use of a deadly weapon or by two or more persons, it is qualified. If committed without the attendance of any of the said qualifying circumstances, it is simple. Statutory rape is sexual intercourse with a girl under the age of consent or 12 years old.

In statutory rape, proof of intimidation or force used on the victim, or lack of it, is immaterial. Thus, if the offended party is less than 12 years old, rape is committed although there is consent to the sexual act. For being of tender age, she does not have the will of her own and the law does not consider any kind of consent given by her voluntarily. "It is settled doctrine that carnal knowledge of a girl under 12 years of age is always rape, even if no force or intimidation is used and even if she is not deprived of reason or otherwise made unconscious, and even if she agrees or consents". Nonconsent of a female is not essential, nor consent a defense.

angel_cry

[siyado]

In statutory rape, proof of intimidation or force used on the victim, or lack of it, is immaterial. Thus, if the offended party is less than 12 years old, rape is committed although there is consent to the sexual act. For being of tender age, she does not have the will of her own and the law does not consider any kind of consent given by her voluntarily. "It is settled doctrine that carnal knowledge of a girl under 12 years of age is always rape, even if no force or intimidation is used and even if she is not deprived of reason or otherwise made unconscious, and even if she agrees or consents". Nonconsent of a female is not essential, nor consent a defense.

angel_cry

does this mean that any girl 13 years old and above is fair game for consensual sex?

[rickym]

does this mean that any girl 13 years old and above is fair game for consensual sex?

i heard that she would be. but there is this thing which she can charge you which is 'seduction' but the prison time is much lower and she will have to prove that you did it with deceit or paid her or something like that. but if she asked you to do it with her it seems legal.

could you comment angel_cry.

[angel_cry]

i heard that she would be. but there is this thing which she can charge you which is 'seduction' but the prison time is much lower and she will have to prove that you did it with deceit or paid her or something like that. but if she asked you to do it with her it seems legal.

could you comment angel_cry.

hmm..suddenly you became interested with that certain topic.

Anyways, depending on the circumstances, that could fall under qualified seduction under Art. 337 which states the seduction of a virgin over 12 years and under 18 years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, or;

Simple seduction under Art. 338, the seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of age, committed by means of deceit; or

Consented abduction under Art. 343 of the Revised Penal Code. Under that law, the abduction of a virgin over 12 years and under 18 years of age, carried out with her consent and with lewd designs, shall be punished by prision correccional (6 years).

They are being punished under the law because the victims here are said to be minors.

These are actually private crimes. Meaning, the crime charge must be instituted by the victim itself or the parents or guardian (in such an order). But if the victim pardons the offender, the case is subject to dismissal.

Unlike with rape, even if the victim desist from filing, the state can file the same because rape now is considered a crime against person or public crime. This means that anyone who knew about the crime could file a complaint against the offender, and even if the victim later pardoned the offender or dropped the case, prosecution of the case could still continue.

angel_cry

[rickym]

Simple seduction under Art. 338, the seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of age, committed by means of deceit; or

what happens if a 25 year old male meets a 16 year old female in a bar and agree to have consensual sex. i'm assuming she is just tipsy but not drunk. he didn't use any deceit.

how about if a 25 year old male meets a 16 year old gro and gives her money to have sex. giving money might be considered 'deceit' but would she be considered to be 'of good reputation'?