Category Archives: Children and Women

Does the law allow a waiver of parental authority?

Posted on January 5, 2016 by Erineus

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of … Continue reading →

Posted in Children and Women, Family Code, Parental Authority, Question and Answers, Single Mother | Tagged , , | Leave a comment

When Mother of Child Can be Deprived of Custody?

Posted on January 5, 2016 by Erineus

As a general rule, a child under 7 years of age shall be in the custody of the mother (Art 213 of the Family Code). This is known as the maternal preference rule or tender-years-rule. But this rule is not absolute … Continue reading →

Posted in Child Custody, Child Custody Rule, Children and Women, Family Code, Parental Authority, Question and Answers, When Mother of Child Can be Deprived of Custody? | Tagged , , , | Leave a comment

Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Hence, “Sweetheart Theory” as a Defense is Unacceptable.

Posted on July 26, 2014 by Erineus

Consent of the Child is Immaterial in Criminal Cases Involving Violation of Section 5, Article III of RA 7610. Petitioner claims that AAA welcomed his kisses and touches and consented to have sexual intercourse with him. They engaged in these … Continue reading →

Posted in Children and Women, Criminal Law, Quotations, RA 7610 | Leave a comment

Definition and penalty of lascivious conduct

Posted on February 27, 2012 by Erineus

It is undisputed that at the time of the commission of the sexual abuse, VVV was ten (10) years old. This calls for the application of R.A. No. 7610, or “The Special Protection of Children Against Child Abuse, Exploitation and … Continue reading →

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Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence

Posted on February 27, 2012 by Erineus

Automatic Suspension of Sentence; Duration; Appropriate Disposition after the Lapse of the Period of Suspension of Sentence           Republic Act No. 9344 warrants the suspension of sentence of a child in conflict with the law notwithstanding that he/she has reached … Continue reading →

Posted in Children and Women, Penalties, Rape | Tagged | Leave a comment