Falcis III Vs. Civil Registrar-General
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Falcis III Vs. Civil Registrar-General
''Falcis III v. Civil Registrar-General'' (G.R. No. 217910) was a case which arose out of a petition filed by Filipino lawyer Jesus Falcis III before the Supreme Court of the Philippines. The Court promulgated its ruling on September 3, 2019. The high court was asked about the constitutionality of the provision of the Family Code of the Philippines defining marriage as "between a man and a woman". History The petition was filed by Atty. Jesus Falcis III in 2015. Oral arguments In March 2018, the Supreme Court of the Philippines approved the scheduling of a same-sex marriage petition that seeks to invalidate Articles 1 and 2 of the Family Code. During the second week of June 2018, the Supreme Court announced that they will hear arguments in a case seeking the invalidation of the Family Code's provisions prohibiting same-sex marriage. The news of the historic oral arguments was also reported by the international media. Duterte also expressed his support for same-sex marriage to ...
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Diosdado Peralta
Diosdado "Dado" Madarang Peralta (born March 27, 1952) is a Filipino attorney and jurist who served as the chief justice of the Philippines from 2019 to 2021. He previously served as an associate justice of the Supreme Court of the Philippines from January 13, 2009, to October 22, 2019. He is the third Sandiganbayan presiding justice to be appointed to the high tribunal. Personal life and education Peralta finished his Bachelor of Science degree at the Colegio de San Juan de Letran in 1974 before pursuing law at the University of Santo Tomas Faculty of Civil Law, where he graduated in 1979. He is married to Fernanda Lampas-Peralta, an associate justice of the Philippine Court of Appeals. Career Legal career Peralta worked in the private sector before joining government service as an assistant city prosecutor in Laoag City and Manila. Jurist On September 22, 1994, Peralta was appointed judge of the Regional Trial Court, Branch 95, Quezon City, which was designated as ...
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Rodrigo Duterte
Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson of PDP–Laban, the ruling political party in the Philippines during his presidency. Duterte is the first president of the Philippines to be from Mindanao, and is the oldest person to assume office, beginning his term at age 71. Born in Maasin, Leyte (now in Southern Leyte), Duterte moved to Davao as a child where his father, Vicente Duterte, served as provincial governor. He studied political science at the Lyceum of the Philippines University, graduating in 1968, before obtaining a law degree from San Beda College of Law in 1972. He then worked as a lawyer and was a prosecutor for Davao City, before becoming vice mayor and, subsequently, mayor of the city in the wake of the 1986 People Power Revolution. Duterte won seven terms and s ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Jose Calida
Jose Callangan Calida (born July 7, 1950) is a Filipino lawyer. He previously served as Undersecretary of Justice under the Arroyo administration, as executive director of the Dangerous Drugs Board, as Solicitor General of the Philippines under the Duterte administration, and as the Chairman of Commission on Audit (COA) under the administration of President Bongbong Marcos. Life and education Calida was born in Nuevo Iloco, Davao (present-day Mawab, Davao de Oro). A born again Christian, he is married to Milagros Parantar Ordaneza who is also from Davao with whom he has three children. Calida holds a Doctor of Philosophy degree in English from the Ateneo de Davao University in 1969. He studied law at the Ateneo de Manila University Law School where he was a dean's lister. He graduated in 1973 and was admitted to the Bar the following year with a general average of 83.25 percent (the highest grade of 100 percent in Criminal Law, 90 percent in Civil Law and 90 percent in Tax ...
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Prayer For Relief
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these. The request for a specific amount of money may be referred to as an ad damnum clause A prayer for relief, in the law of civil procedure, is a portion of a complaint (law), complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory .... References Prayer for Relief Law & Legal Definition Legal terminology {{Law-term-stub ...
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Family Code Of The Philippines
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. History The Philippine Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The ''Código Civil'' remained in effect even throughout the American Occupation; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice Ramón Avanceña, but its work was interrupted by the Japanese invasion and the Second World War. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947, President Manuel Roxas of the Third Republic created a ...
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Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Same-sex marriage in Mexico, Mexico, constituting some 1.35 billion people (17% of the world's population). In Same-sex marriage in Andorra, Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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Actual Controversy
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of c ...
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Constitution Of The Philippines (1987)
The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The earliest constitution establishing a "Philippine Republic", the 1899 Malolos Constitution, was never fully implemented throughout the Philippines and did not establish a state that was internationally recognized, due in great part to the eruption of the Philippine–American War. Background of the 1987 Constitution Ruling by decree during the early months of her tenure as a president installed via the People ...
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