Category Archives: Children and Women

Does the law allow a waiver of parental authority?

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

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When Mother of Child Can be Deprived of Custody?

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.

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

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Definition and penalty of lascivious conduct

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

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

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The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty actually imposed is reduced to reclusion perpetua

We have consistently ruled that:             The litmus test xxx in the determination of the civil indemnity is the heinous character of the crime committed, which would have warranted the imposition of the death penalty, regardless of whether the penalty … Continue reading

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When the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period

the law prescribing the death penalty when rape is committed against a child below seven (7) years old[141]applies. The following, however, calls for the reduction of the penalty: (1) the prohibition against the imposition of the penalty of death in … Continue reading

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