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Salient Features of Domestic Administrative Adoption and Alternative Child Care Act

The Domestic Administrative Adoption and Alternative Child Care Act hereby declared the policy of the State to ensure that every child remains under the care and custody of the parents and be provided with love, care, understanding, and security towards the full and harmonious development of the child’s personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the child’s extended family is available shall adoption by an unrelated person be considered.

Crimes against Humanity

“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury

Doctrine of Qualified Political Agency

Photo from Pexels | Pixabay The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices Read more about Doctrine of Qualified Political Agency[…]

The Supreme Court decides: The corporation is deemed the actual member sitting on the board, with their representatives merely acting on their behalf.

Under Section 4 of MPMCC’s By-Laws, corporations may designate a representative to act in all matters related to the corporation, including service of notice of assessments and meetings, grants of proxies, voting on any matter, and the like.

Duties of Employers in Sexual Harassment Cases

In the Philippines, there were two (2) laws enacted to address sexual harassment. First is Republic Act (RA) 7877 or the Anti-Sexual Harassment Act of 1995, and second is RA No. 11313 or the Safe Spaces Act.
The said laws provide for the duties of employers, heads of offices, and even school heads, on how to handle sexual harassment in a work-related, education, or training environment, which would include the creation of a committee on decorum and investigation (CODI) and the imposition of administrative penalties against the perpetrators.

Threefold Liability Rule

Under the “threefold liability rule,” the wrongful acts or omissions of public officers may give rise to civil, criminal and administrative liabilities. Corollarily, public officers could still be held civilly liable to reimburse the injured party notwithstanding their acquittal. (Matobato, Sr. v. People of the Philippines, G.R. No. 229265, February 15, 2022)

What is Double Jeopardy?

In a legal system that promises fairness, the principle of double jeopardy protects individuals from being unjustly accused and prosecuted for the same offense more than once. This is enshrined in Article III, Section 21 of the 1987 Philippine Constitution, which provides:

“No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.”