Philippines Law and Legal Issues

Philippine laws are influenced by two different systems of laws – the Anglo-American Common Law and the Roman Civil Law. The Supreme Court of the Philippines is the final arbiter of cases. It also has the power to nullify a law.

Asked in Philippines Law and Legal Issues, US Presidents

What are the qualifications for US president?

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The Constitutional requirements to be president are: 1. be at least 35 years old 2. be a natural-born US citizen* 3. live in the US for 14 years. * The Constitution specifically states that one must be a "natural-born" US citizen not "native-born." "natural born " is not defined by the Constitution and has not definitively been defined by the Supreme Court but is generally interpreted to mean either born in US territory or born of US citizens (see the Related Link below on US Code Title 8 for more information). The exact words from the Constitution in Article II, Section 1, Clause 5: "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. " The 22nd amendment gives an additional requirement in that it makes a person ineligible for president if he had already been twice elected president or has been elected once and also served more than two years of a term to which he was not elected. job vaccincess
Asked in Philippines, Philippines Health, Philippines Politics and Society, Philippines Law and Legal Issues

What is the Reproductive Health Bill in the Philippines?

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There are 6 bills pertaining to reproductive health and/or population management that have been filed for deliberation in both the House of Representatives and the Senate for the 15th Congress. The most controversial of these bills is House Bill No. 96 authored by Rep. Edcel Lagman. House Bill No. 96, also known as the proposed "Reproductive Health and Population and Development Act of 2010," will cover the following areas: midwives of skilled attendance emergency obstetric care access to family planning maternal death review family planning supplies as essential medicines benefits for serious and life-threatening reproductive health conditions mobile health care service mandatory age-appropriate reproductive health and sexuality education responsibility of local family planning office and certificate of compliance capability building of barangay health workers ideal family size employers' responsibilities multi-media campaign implementing mechanisms reporting requirements prohibited acts penalties The bill is controversial, as it is being opposed by concerned citizens, especially the pro-life, pro-family and pro-God groups, regardless of creed or religion. The Roman Catholic Church expresses its opposition against the bill on many counts, most especially the procurement and distribution of family planning supplies for the whole country, when the available evidence from peer reviewed medical journals supports the hypothesis that when ovulation and fertilization occur in women taking oral contraceptives (OCs) or using intrauterine devices (IUD), post-fertilization effects are operative on occasion to prevent clinically recognized pregnancy. Hormonal contraceptives and/or IUDs directly affect the endometrium. These effects have been presumed to render the endometrium relatively inhospitable to implantation or to the maintenance of the preembryo or embryo prior to clinically recognized pregnancy. These make pills and IUDS abortifacient. Pro-life groups, and many professionals in the medical and nursing fields, believe that physicians and policy makers should understand and respect the beliefs of patients who consider human life to be present and valuable from the moment of fertilization. Patients should be made fully aware of this information so that they can consent to or refuse the use of artificial contraceptives. However, the position of the Catholic Church and the pro-life groups does not mean that they espouse the attitude of "natalism" at all costs, as if the "number" of children, in itself, were the unmistakable sign of authentic christian matrimonial life. The sexual act, properly exercised within marriage only, is ordained primarily to the propagation of life. If there are reasonable motives for spacing births, such as serious medical conditions in the mother, or extreme poverty, then the Catholic Church teaches that married couples may take advantage of the natural cycles of the reproductive system and use their marriage precisely those times that are infertile (natural family planning). Other aspects of the bill being contested by concerned citizens include the classification of family planning supplies as essential medicines when their safety/toxicity profile and legal permissibility are questionable. At the same time, more importance should be given to the prevalent diseases, the top ten leading causes of morbidity and mortality in the Philippines, namely, infections such as pneumonia and tuberculosis. Financial resources allotted by foreign donors to assist the Philippine government programs could actually be better spent towards pursuing health programs targeting communicable diseases than purchasing artificial contraceptives. Very pertinent to the debate about reproduction rights is the right to life. The Philippine Constitution says that the State "shall equally protect the life of the mother and the life of the unborn from conception. If artificial contraceptives are medically proven to induce abortion as one of their mechanisms of action, then procurement and distribution of such family planning supplies are unconstitutional and illegal.
Asked in Jobs & Education, Philippines, Political Science, Philippines Law and Legal Issues

What is the Archipelagic Doctrine?

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The Archipelagic Doctrine is a specification in the Filipino Constitution of 1973 defining the boundaries of the country. It stated: "[T]he national territory comprises the Philippine archipelago with all the islands and waters embraced therein and all the other territories belonging to the Philippines..." This doctrine means, therefore, that the country, with its thousands of islands and many seas, should be considered as a political unit for reasons of history, law, geography, economics, and security. Also, when questions involving territorial conflicts arise, the Philippines uses this doctrine to support its territorial claims.
Asked in US Constitution, Philippines Politics and Society, Philippines Law and Legal Issues

What are the Types of Constitution?

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Types of constitution- 1-Unitary-is related to parliament. It follows parliamentary system power. For example of unitary constitution: The United Kingdom 2-Federal- It is below the judiciary system. It follows judiciary system. Example of a federal constitution is: The United States of America
Asked in Organizations, Philippines Law and Legal Issues

What are the functions of the Cooperative Development Authority?

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Formulate, adopt and implement integrated and comprehensive plans and programs on cooperative development consistent with the national policy on cooperatives and the overall socio-economic development plans of the Government; Develop and conduct management and training programs upon request of cooperatives that will provide members of cooperatives with the entrepreneurial capabilities, managerial expertise, and technical skills required for the efficient operation of their cooperatives and inculcate in them the true spirit of cooperativism and provide, when necessary, technical and professional assistance to ensure the viability and growth of cooperatives with special concern for agrarian reform, fishery and economically depressed sectors; Support the voluntary organization and consensual development of activities that promote cooperative movements and provide assistance towards upgrading managerial and technical expertise upon request of the cooperatives concerned; Coordinate the efforts of the local government units and the private sector in the promotion, organization and development of cooperatives; Register all cooperatives, their federations and unions, including their divisions, consolidations, dissolutions or liquidation. It shall also register the transfer of all or substantially all of their assets and liabilities and such other matters as may be required by the authority; Require all cooperatives, their federations and unions to submit their annual financial statements, duly audited by certified public accountants, and general information sheets; Order the cancelation after due notice and hearing of the cooperatives certificate of registration for non-compliance with administrative requirements and in case of voluntary dissolution; Assist cooperatives in arranging for financial and other forms of assistance under such terms and conditions as are calculated to strengthen their viability and autonomy; Establish extension offices as may be necessary and financially viable to implement this Act. Initially, there shall be extension offices in the Cities of Dagupan, Manila, Naga, Iloilo, Cebu, Cagayan de Oro and Davao; Impose and collect reasonable fees and charges in connection with registration of cooperatives; Administer all grants and donations coursed through the Government for cooperative development, without prejudice to the right of cooperatives to directly receive and administer such grants and donations upon agreement with the grantors and donor thereof; Formulate and adopt continuing policy initiatives consultations with the cooperative sector through public hearing; Adopt rules and regulations for the conduct of its internal operations; Submit an annual report to the President and Congress on the state of the cooperative movement; and Exercise such other functions as may be necessary to implement the provisions of cooperative laws and, in the performance thereof, the Authority may summarily punish for direct contempt any person guilty of misconduct in the presence of the Authority which seriously interrupts any hearing or inquiry with a fine of not more than Five hundred pesos (P500.00) or imprisonment of not more than ten (10) days, or both. Acts consisting indirect contempt as defined under Rule 71 of the Rules of Court shall be punished in accordance with the said rule.
Asked in Philippines, Philippines Politics and Society, Philippines Law and Legal Issues

Article 3 section 16 of the Philippines constitution means?

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All persons shall have the right to have a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Asked in Salary and Pay Rates, Philippines, Philippines Jobs and Education, Philippines Law and Legal Issues

How much is a salary grade 4 Philippines?

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SALARY GRADE - EQUIVALENT SALARY (PhP) 1 - 5,082 2 - 5,540 3 - 6,039 4 - 6,522 5 - 7,043 6 - 7,606 7 - 8,139 8 - 8,709 9 - 9,318 10 - 9,939 11 - 10,535 12 - 11,167 13 - 11,837 14 - 12,548 15 - 13,300 16 - 14,098 17 - 14,944 18 - 15,841 19 - 16,792 20 - 17,799 21 - 18,510 22 - 19,251 23 - 20,020 24 - 20,823 25 - 21,655 26 - 22,521 27 - 23,422 28 - 24,359 29 - 25,333 30 - 28,875 31 - 40,425 32 - 46,200 33 - 57,750 (President's salary) Basic Pay yan, Step 1 pa lang, not included yung Cost of Living Allowance (COLA), Representation and Transportation Allowance (RATA), Personal Economic Relief Allowance (PERA), and Additional Compensation Allowance (ACA). Tinaasan na yata ni PGMA ng 10% yung basic wage. im not sure.
Asked in Philippines Law and Legal Issues

Article 2 section 8 of Philippine constitution?

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foreign countries are prohibited to plant any nuclear weapon or even to try their weapons to our country because it can harm our environment..
Asked in Philippines, Philippines Law and Legal Issues

What is Article 1156 of the civil code of the Philippines?

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Article 1156: An obligation is a juridical necessity to give, to do or not to do.
Asked in Definitions, Philippines Law and Legal Issues

What is presidential decree no 1151?

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PRESIDENTIAL DECREE No. 1151 Subject: PHILIPPINE ENVIRONMENTAL POLICY WHEREAS, the individual and, at times, conflicting demands of population growth, urbanization, industrial expansion, rapid natural resources utilization and increasing technological advances have resulted in a piece-meal-approach concept of environmental protection; WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another; and WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Section 1. Policy. -- It is hereby declared a continuing policy of the State (a) to create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and well-being. Section 2. Goal. -- In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippineheritage, (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources. Section 3. Right to a Healthy Environment. -- In furtherance of these goals and policies, the Government recognizes the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment. Section 4. Environmental Impact Statements. -- Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on: a) the environmental impact of the proposed action, project or undertaking; b) any adverse environmental effect which cannot be avoided should the proposal be implemented; c) alternative to the proposed action; d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and e) whenever a proposal involves the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted. Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. Section 5. Agency Guidelines. - The different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements. Section 6. Repealing Clause. - All Acts, Presidential Decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly. Section 7. Effectivity. - This Decree shall take effect immediately. Done in the City of Manila this 6 th day of June in the year of Our Lord, nineteen hundred and seventy-seven. (Sgd.) FERDINAND E. MARCOS President Republic of the Philippines By the President: (Sgd.) JUAN C. TUVERA Presidential Assistant
Asked in History of the Philippines, Jose Rizal, Philippines Law and Legal Issues

What is republic act 1425- The Law requiring the teaching of Rizalwith the end view of promoting a National Hero that will serve as a model for nationalism. On the other hand Rizal was a poor choice.?

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1.What is Republic Act 1425 ? Republic Act 1425 was passed in 1956 by the Philippine legislature that would include in all high school and college curricula a course in the study of Jose Rizal's life, works and writings.
Asked in Philippines Politics and Society, Philippines Law and Legal Issues

Explanation of article 1 section 1 of 1987 Philippine constitution?

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The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
Asked in History of the Philippines, Jose Rizal, Philippines Law and Legal Issues

What is Republic Act 1425 or the Rizal Law?

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Jose Rizal's huge role in attaining the nation's freedom led to the establishment of Republic Act 1425. The Republic Act 1425, commonly known as the Rizal Act, was established 12th of June 1956 by Senator Claro M. Recto. It requires the curricula of private and public schools, colleges and universities courses to include the life, works and writings of Jose Rizal, particularly his novels Noli Me Tangere and El Filibusterismo. According to the Official Gazette, the law was made effective on August 16, 1956.
Asked in Divorce and Marriage Law, Cheating, Philippines Law and Legal Issues, Crime

What is a crime punishment for adultery?

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they would get there hands or feet cut of or there eyes would be pulled out and if bad enough they would get hung of thrown of a cliff into jaggered rocks
Asked in Philippines, Philippines Law and Legal Issues, Same-Sex Marriage

Should same-sex marriage be legalized in the Philippines?

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Yes. The state has no legitimate benefit in keeping loving partners separated and unrecognized.
Asked in Philippines Politics and Society, Philippines Law and Legal Issues

What is the preamble of the Philippine Constitution?

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The Related Link below will lead you to a site that has the preamble of the Philippine Constitution. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Asked in Philippines Politics and Society, Philippines Law and Legal Issues

How article 3 section 21 of Philippine constitution can be applied?

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no person shall be twice put in jeopardy for punishments for the same offense.if an act is punished by law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. whats that mean?
Asked in History of the United States, US Constitution, Philippines Law and Legal Issues

What are the goals of the Constitution as stated in the Preamble?

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The 6 goals listed in the Preamble are : 1. to form a more perfect union 2. establish justice 3. insure domestic tranquility 4. provide for the common defense 5. promote general welfare 6. secure the blessing of liberty The Preamble "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Asked in Philippines Politics and Society, Philippines Law and Legal Issues

What does the Philippines' constitution article 3 section 9 mean?

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Private property shall not be taken for public use without just compensation. There are situations in which the government will need more space for the development of the roads and other areas for the benefit of the greater population. There are some cases that these spaces which are needed by the government are privately owned. Those spaces should be first negotiated between the buyer and the owner. The government shall buy the place depending on their negotiation or agreement.