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Questions and Answers
What is one of the grounds for legal separation mentioned in the text?
What is one of the grounds for legal separation mentioned in the text?
- Physical abuse of the petitioner by the respondent
- Contracting by the respondent of a subsequent bigamous marriage (correct)
- Denial of financial support to the petitioner by the respondent
- Emotional abuse of the respondent by the petitioner
In which scenario can a denial of petition for legal separation occur?
In which scenario can a denial of petition for legal separation occur?
- When the petitioner has mental illness
- When the petitioner has committed adultery
- When the respondent has abandoned the petitioner for more than a year
- When both parties have given ground for legal separation (correct)
What happens to the absolute community or conjugal partnership when a decree of legal separation is granted?
What happens to the absolute community or conjugal partnership when a decree of legal separation is granted?
- It is dissolved and liquidated (correct)
- It is divided equally between the spouses
- It continues to exist
- It is awarded to the innocent spouse
Who has no right to any share of the net profits earned by the absolute community or conjugal partnership?
Who has no right to any share of the net profits earned by the absolute community or conjugal partnership?
What is one of the effects of filing a petition for legal separation?
What is one of the effects of filing a petition for legal separation?
What happens to the offending spouse's right to inherit from the innocent spouse?
What happens to the offending spouse's right to inherit from the innocent spouse?
What is NOT a ground for denial of petition for legal separation?
What is NOT a ground for denial of petition for legal separation?
What happens to the custody of minor children in a decree of legal separation?
What happens to the custody of minor children in a decree of legal separation?
What is the main reason that a juvenile cannot be tried twice for the same offense?
What is the main reason that a juvenile cannot be tried twice for the same offense?
What was the outcome of the Kent v. United States case?
What was the outcome of the Kent v. United States case?
What was the main holding of the US Supreme Court in the In re Gault case?
What was the main holding of the US Supreme Court in the In re Gault case?
What was the recommendation of the American Bar Association in 1977?
What was the recommendation of the American Bar Association in 1977?
What was the purpose of building training schools and high-security institutions in rural areas?
What was the purpose of building training schools and high-security institutions in rural areas?
What was the outcome of the Schall v. Martin case?
What was the outcome of the Schall v. Martin case?
What type of delinquent youth is described as aggressive and resentful of authority?
What type of delinquent youth is described as aggressive and resentful of authority?
What type of delinquent youth is characterized as having internalized conflicts and being preoccupied with their own feelings?
What type of delinquent youth is characterized as having internalized conflicts and being preoccupied with their own feelings?
What are pre-disposing factors in the context of criminal behavior?
What are pre-disposing factors in the context of criminal behavior?
What is an example of a precipitating factor that can lead to crime?
What is an example of a precipitating factor that can lead to crime?
Why are children with low intelligence more likely to offend?
Why are children with low intelligence more likely to offend?
What is the primary institution for developing a child's potential?
What is the primary institution for developing a child's potential?
What can lead to a child becoming a juvenile delinquent due to family influence?
What can lead to a child becoming a juvenile delinquent due to family influence?
What is referred to as the 'cradle of human personality'?
What is referred to as the 'cradle of human personality'?
What can influence a child after their formative years?
What can influence a child after their formative years?
What is a risk factor for offending in itself?
What is a risk factor for offending in itself?
What is a form of marriage in which one person marries two or more persons of the opposite sex?
What is a form of marriage in which one person marries two or more persons of the opposite sex?
What kind of marriage involves a widow marrying her deceased husband's brother?
What kind of marriage involves a widow marrying her deceased husband's brother?
What is the term for the marriage of one woman to two or more men?
What is the term for the marriage of one woman to two or more men?
What is the custom in which a son-in-law adopts the family name of his bride's parents?
What is the custom in which a son-in-law adopts the family name of his bride's parents?
What is the term for the marriage of one male and one female?
What is the term for the marriage of one male and one female?
What is the type of marriage where a woman marries the deceased husband's brother?
What is the type of marriage where a woman marries the deceased husband's brother?
What is the term for the marriage of one person of one sex to a minimum of two persons of the other sex?
What is the term for the marriage of one person of one sex to a minimum of two persons of the other sex?
What kind of marriage involves a woman marrying the deceased husband's brother, and the children are considered 'sire' by the dead husband?
What kind of marriage involves a woman marrying the deceased husband's brother, and the children are considered 'sire' by the dead husband?
From which language is the term 'marriage' derived?
From which language is the term 'marriage' derived?
In a traditional marriage settlement, what was the groom or his family expected to pay?
In a traditional marriage settlement, what was the groom or his family expected to pay?
What is one of the taxation benefits of marriage?
What is one of the taxation benefits of marriage?
What is the term for the obligation of spouses to support each other during marriage?
What is the term for the obligation of spouses to support each other during marriage?
In the Philippines, what are the two essential requisites of a valid marriage?
In the Philippines, what are the two essential requisites of a valid marriage?
What is mentioned in the Code of Ur-Nammu, the first recorded code of laws?
What is mentioned in the Code of Ur-Nammu, the first recorded code of laws?
What is the purpose of the solemnizing officer in a marriage ceremony?
What is the purpose of the solemnizing officer in a marriage ceremony?
What is the term for the unconditional gift given in a marriage settlement?
What is the term for the unconditional gift given in a marriage settlement?
Study Notes
Grounds for Legal Separation
- Contracting a subsequent bigamous marriage, whether in the Philippines or abroad
- Sexual infidelity or perversion
- Attempt by the respondent against the life of the petitioner
- Abandonment of petitioner by respondent without justifiable cause for more than one year
Denial of Petition for Legal Separation
- Where the aggrieved party has condoned the offense or act complained of
- Where the aggrieved party has consented to the commission of the offense or act complained of
- Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation
- Where both parties have given ground for legal separation
- Where there is collusion between the parties to obtain decree of legal separation
- Prescription of action or where the action was not filed within 5 years from the time of the occurrence of the cause
Effects of Decree of Legal Separation
- The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed
- The absolute community or the conjugal partnership shall be dissolved and liquidated, but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions
- The custody of the minor children shall be awarded to the innocent spouse
- The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession
Landmark Cases in Juvenile Law
- Jones v. United States (recognizing that a juvenile cannot be adjudicated in a juvenile court and then tried for the same offense in an adult criminal court)
- Kent v. United States (providing the procedural requirements for waiver to criminal court as articulated by the U.S. Supreme Court)
- In re Gault (1967) (requiring juvenile courts to provide basic procedural protections guaranteed by the Bill of Rights)
- Schall v. Martin (1984) (upholding the state's right to place juveniles in preventive detention)
Types of Delinquent Youth
- Social (an aggressive youth who resents authority)
- Neurotic (internalized conflicts and preoccupied with their own feelings)
- Asocial (delinquent acts have a cold, brutal, and vicious quality)
Factors Affecting Juvenile Delinquency
- Individual risk factors (psychological or behavioral risk factors that may make offending more likely)
- Family (faulty development, lack of parental guidance, parental rejection, broken home, parental abuse or neglect, criminal parents or siblings)
- Environment (community, government agencies, and other external factors that influence delinquency)
Marriage and Dissolution of Marriage
- Marriage is a social union or legal contract between individuals that creates kinship
- Forms of marriage: monogamy and polygamy (types of polygamy include polyandry and polygyny)
- Kinds of marriage: adoptive marriage, sororate marriage, levirate marriage, and ghost marriage
- Financial considerations of marriage: dowry, bride price and dower, modern customs, and taxation
- Termination of marriage: death, divorce, annulment, and alimony (spousal support)
Marriage in the Philippines
- Executive Order No. 209 (The Family Code of the Philippines as amended by Executive Order No. 227) prescribes the following legal provisions concerning marriage
- 2 essential requisites of valid marriage: legal capacity of the contracting parties who must be male and female, and consent freely given in the presence of the solemnizing officer
- 3 formal requisites of marriage: authority of the solemnizing officer
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Description
This quiz covers the grounds for legal separation under Philippine law, including bigamous marriage, sexual infidelity, and abandonment.
