Philippine Family Law: Grounds for Legal Separation
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The offending spouse</p> Signup and view all the answers

    What is one of the effects of filing a petition for legal separation?

    <p>The spouses are entitled to live separately from each other</p> Signup and view all the answers

    What happens to the offending spouse's right to inherit from the innocent spouse?

    <p>It is revoked by operation of law</p> Signup and view all the answers

    What is NOT a ground for denial of petition for legal separation?

    <p>Where the petitioner is physically abusive</p> Signup and view all the answers

    What happens to the custody of minor children in a decree of legal separation?

    <p>It is awarded to the innocent spouse</p> Signup and view all the answers

    What is the main reason that a juvenile cannot be tried twice for the same offense?

    <p>To prevent double jeopardy</p> Signup and view all the answers

    What was the outcome of the Kent v. United States case?

    <p>Procedural requirements for waiver to criminal court</p> Signup and view all the answers

    What was the main holding of the US Supreme Court in the In re Gault case?

    <p>Juveniles have the same rights as adults</p> Signup and view all the answers

    What was the recommendation of the American Bar Association in 1977?

    <p>Decriminalize status offenses</p> Signup and view all the answers

    What was the purpose of building training schools and high-security institutions in rural areas?

    <p>To train juveniles in agriculture</p> Signup and view all the answers

    What was the outcome of the Schall v. Martin case?

    <p>The state's right to place juveniles in preventive detention was upheld</p> Signup and view all the answers

    What type of delinquent youth is described as aggressive and resentful of authority?

    <p>Social</p> Signup and view all the answers

    What type of delinquent youth is characterized as having internalized conflicts and being preoccupied with their own feelings?

    <p>Neurotic</p> Signup and view all the answers

    What are pre-disposing factors in the context of criminal behavior?

    <p>Inherited propensities that cannot be considered criminal</p> Signup and view all the answers

    What is an example of a precipitating factor that can lead to crime?

    <p>Personal problems</p> Signup and view all the answers

    Why are children with low intelligence more likely to offend?

    <p>They have low educational attainment</p> Signup and view all the answers

    What is the primary institution for developing a child's potential?

    <p>Family</p> Signup and view all the answers

    What can lead to a child becoming a juvenile delinquent due to family influence?

    <p>Faulty development of a child</p> Signup and view all the answers

    What is referred to as the 'cradle of human personality'?

    <p>Home</p> Signup and view all the answers

    What can influence a child after their formative years?

    <p>Environment</p> Signup and view all the answers

    What is a risk factor for offending in itself?

    <p>Low educational attainment</p> Signup and view all the answers

    What is a form of marriage in which one person marries two or more persons of the opposite sex?

    <p>Polygyny</p> Signup and view all the answers

    What kind of marriage involves a widow marrying her deceased husband's brother?

    <p>Levirate Marriage</p> Signup and view all the answers

    What is the term for the marriage of one woman to two or more men?

    <p>Polyandry</p> Signup and view all the answers

    What is the custom in which a son-in-law adopts the family name of his bride's parents?

    <p>Adoptive Marriage</p> Signup and view all the answers

    What is the term for the marriage of one male and one female?

    <p>Monogamy</p> Signup and view all the answers

    What is the type of marriage where a woman marries the deceased husband's brother?

    <p>Levirate Marriage</p> Signup and view all the answers

    What is the term for the marriage of one person of one sex to a minimum of two persons of the other sex?

    <p>Polygamy</p> Signup and view all the answers

    What kind of marriage involves a woman marrying the deceased husband's brother, and the children are considered 'sire' by the dead husband?

    <p>Ghost Marriage</p> Signup and view all the answers

    From which language is the term 'marriage' derived?

    <p>Old French</p> Signup and view all the answers

    In a traditional marriage settlement, what was the groom or his family expected to pay?

    <p>Bride price</p> Signup and view all the answers

    What is one of the taxation benefits of marriage?

    <p>Averaging of incomes</p> Signup and view all the answers

    What is the term for the obligation of spouses to support each other during marriage?

    <p>Alimony</p> Signup and view all the answers

    In the Philippines, what are the two essential requisites of a valid marriage?

    <p>Legal capacity and consent</p> Signup and view all the answers

    What is mentioned in the Code of Ur-Nammu, the first recorded code of laws?

    <p>Alimony laws</p> Signup and view all the answers

    What is the purpose of the solemnizing officer in a marriage ceremony?

    <p>To authorize the marriage</p> Signup and view all the answers

    What is the term for the unconditional gift given in a marriage settlement?

    <p>Dowry</p> Signup and view all the answers

    Study Notes

    • 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
    • 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
    • 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.

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