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Marriage in Philippine Law: The Foundation of Family and Society

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Article 1 of the Family Code of the Philippines defines marriage as a special contract of permanent union between a man and a woman, entered into according to law to establish conjugal and family life. This provision highlights marriage as the foundation of the family, recognizing it as an inviolable social institution governed by law. Unlike most contracts that may be altered by the agreement of the parties, marriage is unique; its nature, consequences, and incidents are primarily determined by law, reinforcing its public and social importance. The Article reflects a profound commitment by the State to uphold the sanctity of marriage and family life. By enshrining marriage as an institution bound by permanence, it acknowledges the vital role that family plays in society. This analysis explores the elements, legal implications, and social significance of marriage in the Philippine context, emphasizing its foundational nature within family law and its implications for property, publi...
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Understanding Mitigating Circumstances in Philippine Criminal Law: A Path to Just Penalties

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The Philippine Revised Penal Code recognizes the concept of  mitigating circumstances to reduce the criminal liability of offenders. These circumstances are outlined in Article 13 and serve to lessen the severity of penalties in situations where certain factors diminish the moral culpability of the accused. By acknowledging these factors, the law upholds a nuanced approach to justice, where each case is evaluated within its unique context. Mitigating circumstances offer an essential balance between accountability and fairness, aiming to deliver justice that accounts for human frailty and situational factors. I. Incomplete Justifying or Exempting Circumstances The first mitigating circumstance under Article 13 provides that an offender may receive a reduced penalty if certain requisites for justification or exemption are partially met. This provision reflects the understanding that while the circumstances do not fully exempt the offender, they still lessen the gravity of the act. ...
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Rebellion, Sedition, and Disloyalty in the Philippines: A Legal and Political Analysis

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  The Philippines’ Revised Penal Code, particularly Articles 134 to 147, addresses crimes that threaten national security and disrupt social order. Crimes such as rebellion , sedition , disloyalty , and related offenses aim to protect the Philippine government and its democratic institutions from internal threats. However, these provisions also reflect the complexities of balancing the state's need for stability with individual freedoms, including the right to dissent and freedom of assembly. This article provides a comprehensive analysis of these legal provisions, examining how they are applied in the Philippine context, their implications for civil liberties, and the evolving nature of these offenses in modern governance. Given the country’s political history, understanding these laws is essential to grasping the boundaries of political activism and the repercussions for those who seek to disrupt or subvert state authority. I. Rebellion and Insurrection (Article 134) Article 134 ...
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The Judicial Power and Its Role in Upholding Justice: A Critical Analysis of Article VIII, Section 1 of the 1987 Philippine Constitution

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 Johnvel M. Palaas, LLM Article VIII, Section 1 of the 1987 Philippine Constitution establishes the foundation of judicial power in the Philippines. This section not only defines the role of the judiciary in resolving legal disputes but also emphasizes its crucial function in safeguarding the rule of law and ensuring that no government branch exceeds its constitutional boundaries. Judicial power is vested in the Supreme Court and lower courts and carries two primary mandates: to resolve actual controversies involving legally demandable and enforceable rights and to check for grave abuse of discretion by government entities. I. The Definition and Scope of Judicial Power Judicial power, as defined in the Constitution, includes two essential elements: 1. Settling Actual Controversies :      The judiciary is tasked with resolving disputes involving rights that are "legally demandable and enforceable." This requirement ensures that the courts do not engage in theoret...
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Crimes Against Religious Worship: A Legal and Social Analysis of Articles 132 and 133 of the Revised Penal Code

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  The protection of religious freedom is one of the most fundamental rights enshrined in both international law and the Philippine Constitution. The Revised Penal Code of the Philippines, particularly Articles 132 and 133, underscores this protection by criminalizing acts that interrupt religious worship or offend religious feelings. These provisions aim to safeguard not only the practice of religion but also the sanctity of spaces and ceremonies dedicated to worship. In a pluralistic and diverse society like the Philippines, where religion plays a significant role in cultural and social life, these legal safeguards are essential for maintaining peace and mutual respect. However, these provisions, while well-intentioned, also raise important legal and societal questions. What constitutes "offending religious feelings"? How does the law balance the right to free speech and expression with the protection of religious sensibilities? This analysis seeks to explore the implication...
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Crimes Against National Security: A Critical Analysis of Treason, Espionage, and Related Offenses Under the Revised Penal Code

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  The protection of national security is a paramount concern of every state. Crimes against national security not only undermine the stability of a country but also pose existential threats to its sovereignty and territorial integrity. The Revised Penal Code of the Philippines, under its provisions on Crimes Against National Security (Articles 114 to 123), criminalizes acts such as treason, espionage, provoking war, and piracy. These acts are considered to be among the gravest offenses because they jeopardize the safety of the state and its citizens. This critical analysis aims to explore the rationale behind these laws, their practical implications, and potential challenges in enforcement. I. Treason and Espionage: Betrayal of the Nation A. Treason (Article 114) Treason is perhaps the most severe offense against national security. It is the act of a person who, owing allegiance to the Philippines, either levies war against it or adheres to its enemies, giving them aid or comfort....
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The Justification of Self-Defense and the Exemption from Criminal Liability: A Critical Analysis of Article 11 of the Revised Penal Code

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The doctrine of self-defense and other justifying and exempting circumstances have been a cornerstone of criminal law across various jurisdictions. Article 11 of the Revised Penal Code of the Philippines sets forth these circumstances, emphasizing instances where criminal liability is negated due to justified actions or unavoidable circumstances. These provisions reflect the broader principles of justice, fairness, and the recognition of human instincts in protecting oneself or others from harm. However, these doctrines, while clear in intention, are not without complexities and challenges in practical application. This critical analysis explores the justifying circumstances, along with circumstances that exempt individuals from criminal liability, and scrutinizes their legal, moral, and social implications through illustrative examples. 1. The Principle of Self-Defense: A Natural Right or a Legal Exception? The first justifying circumstance under Article 11 recognizes the right of ind...
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