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Constitutionality of the portions of Article 1 and 2 of the Family Code of the Philippines, which defines marriage as between a man and a woman, and whether said articles violate the equal protection and due process provisions of the 1987 Constitution, (both in Article III, Section 1), and religious freedom (Article III, Section 5) of the ...
Judicial precedents of the Philippine Supreme Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from ...
The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
Forms of law Vested to Constituent Constitution and Amendments: Congress of the Philippines (convening as Constituent assembly) Elected delegates (convening as Constitutional Convention) People (through People's Initiative and constitutional ratification) [L 1] Legislative Statutes; Resolutions; Legal codes; Legislation and Ordinances (local ...
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 .
Persons and family relations mainly deals with the issues of family matters such as marriage, annulment and voiding of marriages, adoption, property settlements between spouses, parental authority, support for spouses and children, emancipation, legitimes (inheritance) of children from their parents and between relatives.
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with "clean hands" and the request was reasonable, "quantum meruit".
In the traditional Chinese legal system, a person could not be convicted of a crime unless confessed. This often led to using torture, to extract the necessary confession. An example of the use of torture and the risk of false confession was seen in The Chinese Sorcery Scare of 1768. These elements still influence modern Chinese views toward law.